Thursday, November 24, 2022

FOCUS: Tom Nichols | Russia's Vindictive Rage

 

 

Reader Supported News

Live on the homepage now!
Reader Supported News

DONATIONS SLOWING BADLY — A little progress, a little hope and now a virtual standstill. Yesterday saw the lowest single day donation total in recent memory, with only “5” people stepping-up to help. Step-up, help-out, please.
Marc Ash • Founder, Reader Supported News

Sure, I'll make a donation!

 

An apartment block in the Ukrainian city of Mykolaiv that was damaged by Russian bombardment, killing at least seven people. (photo: Finbarr O'Reilly/NYT)
FOCUS: Tom Nichols | Russia's Vindictive Rage
Tom Nichols, The Atlantic
Nichols writes: "Russia's war on Ukraine is going badly: The Russian army is in retreat, and the Kremlin is looking for help from Iran and North Korea." 


Ukraine is winning, but at a high cost in reprisals on civilians.

Russia’s war on Ukraine is going badly: The Russian army is in retreat, and the Kremlin is looking for help from Iran and North Korea. But we must not forget that the Russian military is murdering Ukrainian civilians as the price of Moscow’s self-induced humiliation—and that Russia must pay a price for these atrocities.

Worse Than War

Russian television talk shows are a hallucinatory experience, a kind of febrile nightmare shot on sets that look like a dark mash-up of a manic game show, Fox News, and The Cabinet of Dr. Caligari. But the creepy star-chamber vibe and the vertigo-inducing camera work are perfectly suited to the deranged rantings of the hosts and guests. The Russian anchor Vladimir Solovyov is among the nastier pieces of work in this cadre: Nicknamed “Putin’s voice” in Russia, he has called for the destruction of Kyiv and said that nuclear war with the West is inevitable.

And yet, even in the midst of this cuckoo’s nest, there are some small chirps of concern. On Sunday night, as Solovyov engaged in his usual smirking about Russia’s infliction of death and misery in Ukraine, one of his guests had enough. “It’s obscene; it’s not constructive; it’s criminal to bomb peaceful cities,” the former Israeli diplomat Yaakov Kedmi interjected. “These things shouldn’t even be uttered—to ‘wipe a city off the face of the Earth’ is obscene.” Solovyov tried to object, but Kedmi pressed on. “There are 1,001 ways to fight without touching civilians.”

Kedmi is not some squishy peacenik who was pulled off Tverskaya Street to be a designated talk-show punching bag. He was born in Russia, emigrated to Israel, and returned several years ago as a supporter of the Putin regime on Russian television. He’s said some nice things about that great “statesman” Joseph Stalin, and he warned last spring that Russia could bomb the United Kingdom “back to the Stone Age” if the British didn’t mind their own business with regard to Ukraine.

Why were Solovyov and Kedmi having this conversation at all? Because the Russian war in Ukraine is no longer a “war” in the sense that most people would conceive of a military contest between two states over some discrete or tangible issue. It is not, in any sense, the kind of conflict that academic “realists” would understand as some kind of Russian exercise in power balancing against an external threat. Instead, Russia’s invasion is now an ongoing operation of mass murder.

I asked Julia Davis, a Daily Beast columnist who monitors the Russian media, why someone like Kedmi would have a change of heart. She thinks Kedmi, who lives in both Russia and Israel, feels that “the winds are changing,” that Putin is now seen by Russia’s elites as a loser, and that the Russian cheerleaders for the invasion face an increasing chance of “blowback in civilized countries” for their country’s conduct in the war. Davis takes it as a positive sign that Kedmi—and perhaps even Solovyov, who she believes is an opportunist acting the part of a cartoonish warmonger—might be worried enough about Russia losing to start moderating his position as a hedge against being too closely associated with Putin.

Russia, as Kedmi and others now seem to realize, has gone far beyond any of the rationalizations Putin deployed last winter about saving the Ukrainians from “Nazis” or any other such nonsense. The Russians are killing innocent civilians as imperial retaliation for their defiance. Putative military objectives have vanished; Moscow’s goals have devolved into infuriated bloodletting. Each Russian retreat brings a rain of missiles against civilian targets, and the Kremlin isn’t even bothering to make military arguments for these strikes against Ukrainian infrastructure and homes. Such bombings are civilian reprisals that are no different from the Nazi reprisals against the French and other occupied peoples for the resistance of partisans and militias. I taught for many years at a U.S. military college, and I believe these are obvious war crimes.

Russian “strategists”—if any actually exist—might claim that the goal is to demoralize the Ukrainians into abandoning their loyalty to their government and surrendering. But the laws of war do not permit terrorizing civilians into submission, and, in any case, the Russians have almost no hope of occupying much more than the slivers of “annexed territories” they hold now. Moscow’s continued attacks, especially judging from the angry chest thumping from the Russian media, seem to have no other purpose but vengeance, and the intentional murder of civilians for the sake of salving the ego of the incompetent Russian military and placating their desperate commander in chief.

This holiday season, many of us will seek peace and a reset heading into the new year by drawing closer to family, taking a break from work, and observing the rituals of our faith. We tend, during this time, to clear our mind of unpleasant things. But as Americans, citizens of the greatest democratic power on Earth, we must not forget that the largest European conflict since World War II is continuing to burn away in Ukraine. A democratic nation is refusing to be conquered by a vengeful imperial power, and it is paying for it with the lives of innocent men, women, and children. As we celebrate the season, let us remember that the Russians have shown no intention of taking a holiday from murder.

READ MORE

 

Contribute to RSN

Follow us on facebook and twitter!

Update My Monthly Donation

PO Box 2043 / Citrus Heights, CA 95611







TOP NEWS: Message to Supreme Court: Don't Let GOP Tank Student Debt Relief

 

Facebook
 
Twitter
 
Instagram
November 23, 2022
Top News



Supreme Court justices attend the State of the Union address
Scholars, Attorneys, and Advocates to Supreme Court: Don't Let GOP Tank Student Debt Relief
"As briefs from a broad range of people, experts, and legal scholars show, President Biden's debt relief plan for student loan borrowers is legal, necessary, and appropriate," said one campaigner.
by Jake Johnson



Hochul
'Leading the Nation on Climate,' NY Governor Signs Partial Ban on Crypto Mining
"This first-in-the-nation law should set the standard for every other state where crypto miners are coming in, extracting resources, and wreaking havoc," said one campaigner. "Thank you, Gov. Hochul, for setting a precedent for the rest of the country."
by Jessica Corbett



Railroad workers
'Greedy Behavior' of Profit-Hungry Rail Industry Blamed for Looming Strike
"The same wealthy rail industry executives that say they can't afford to pay their workers fair wages all had banner years in net revenue and shareholder giveaways."
by Jake Johnson
More Top News
• 'A Death Sentence': Biden Blasted for Approving Oil Export Project
• 'Straight From Donald Trump's Playbook': Brazil's Bolsonaro Contests Validated Election Loss
• 'Unconscionable': Georgia Supreme Court Revives 6-Week Abortion Ban
• Over 400 Groups Urge Biden to Strengthen Protections for Haitian Migrants
• Georgia Supreme Court Rejects GOP Effort to Prevent Saturday Voting in Senate Runoff
• Yet Another Mass Shooting in US as Gunman Kills at Least 6 in Virginia Walmart
Quality journalism. Progressive values.
Our new media model is simple: we rely on our readers and thousands of small donations to keep us moving forward. No ads; no paywalls: our content is free, and our readers sustain us.
Opinion



manchin
Environmental Justice Must Be in the Forefront of Any Permitting Reform Efforts by Congress
Manchin's bill would severely erode community input, advance inadequate environmental analysis, and eliminate judicial relief for those most harmed by inadequately reviewed and/or illegal permitting by state or federal agencies.
by Maury Johnson



Mike Pompeo as Donald Trump speaks
Mike Pompeo Just Proved He Is the Stupidest Person in the World
Only strong unions will fight for the teaching profession—and the children our educators cherish and serve—against the hostility of bombastic fools like Pompeo.
by Diane Ravitch



John Warnock with a supporter
Warnock's Campaign Is Tired. He Needs a Revamped Working-Class Message to Defeat Walker
These 8 winning campaign messages and tactics will generate news for the Warnock campaign, enliven the campaign workers, and come to the attention of more of nearly half of the voters planning to stay home.
by Ralph Nader


Call 207.775.0488 to donate by phone or mail a check to:
Common Dreams, PO Box 443, Portland, ME 04112, United States

Common Dreams is a 501(c)(3) nonprofit. Your contribution is tax-deductible.
EIN: 20-3368194





U.S. Justice Department Steps into the FTX Bankruptcy Case in Delaware

 

SUBSCRIBE TO THIS NEWSLETTER

U.S. Justice Department Steps into the FTX Bankruptcy Case in Delaware

By Pam Martens and Russ Martens: November 22, 2022 ~

Two attorneys from the Department of Justice in Washington, D.C. have filed an appearance with the Bankruptcy Court in Delaware that is hearing the bankruptcy case filed by the disgraced crypto exchange, FTX, and its related hedge fund, Alameda Research. Both are majority-owned by the scandalized former crypto kingpin Sam Bankman-Fried. More than 100 other global tentacles of FTX are included in the bankruptcy case. The DOJ attorneys that made the notices of appearance are Seth Shapiro and Stanton McManus.

The notice of appearance for both attorneys references two noteworthy statutes, 28 U.S.C. § 516 and 518, among others: 28 U.S.C. § 516 reads as follows:

“Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing evidence therefor, is reserved to officers of the Department of Justice, under the direction of the Attorney General.” (Italics added.)

28 U.S.C. § 518, reads in part:

“When the Attorney General considers it in the interests of the United States, he may personally conduct and argue any case in a court of the United States in which the United States is interested, or he may direct the Solicitor General or any officer of the Department of Justice to do so.” (Italics added.)

The notices from the Department of Justice were filed yesterday. Today, the following item has been added to the court docket on behalf of FTX:

“[SEALED] Motion to Authorize (Motion for Entry of Interim and Final Orders (A) Authorizing the Debtors, in their Sole Discretion, to Provide Indemnification and Exculpation to Certain Individuals, (B) Authorizing Certain Actions Pursuant to Section 363 of the Bankruptcy Code, and (C) Granting Certain Related Relief) Filed by FTX Trading Ltd.. (Attachments: # 1 Exhibit A # 2 Exhibit B) (Landis, Adam) (Entered: 11/22/2022)” (Italics added.)

The ”debtors” are FTX and its related companies that have filed bankruptcy. Its legal standing to, in its “sole discretion,” indemnify and exculpate anyone for potential crimes is preposterous. And to place the details of this absurd request under seal is a further outrage to the sensibilities of all Americans.

Reuters has reported that Bankman-Fried moved as much as $10 billion of FTX customers’ money to his separate hedge fund, Alameda Research, through a “backdoor” in its software. Alameda is reported to have lost much of the money on bad investments and efforts to prop up its FTX token (FTT), while $1 billion to $2 billion has just “disappeared,” according to Reuters. The Financial Times reported that FTX held just $900 million “in easily sellable assets” against $9 billion “of liabilities the day before it collapsed into bankruptcy.”

The major law firm overseeing the FTX bankruptcy proceedings is Sullivan & Cromwell, which has a host of conflicts because of past legal work it did for FTX and related companies.

It is also not clear who had the authority to hire Sullivan & Cromwell for the FTX bankruptcy case or who had the authority to hire the new FTX CEO, John Ray III. The pleadings in the case thus far fail to indicate who it was that hired Sullivan & Cromwell or Ray.

Yesterday, Wall Street On Parade sent an email to Robert Giuffra and Scott Miller, Co-Chairs of Sullivan & Cromwell, and to Andy Dietderich – one of the Sullivan & Cromwell lawyers who is involved in the bankruptcy case as well as the attorney who represented FTX and Alameda in their curious efforts to buy the assets of the bankrupt crypto firm, Voyager Digital, a company from whom Alameda had taken hundreds of millions of dollars in loans. We wrote as follows to Sullivan & Cromwell:

“We’re planning an article for early next week on the FTX/Alameda situation and we’re wondering how Sullivan & Cromwell was appointed to handle the bankruptcy process in the Delaware court.

“Our question stems from the fact that the new FTX CEO reports that the Board of Directors of FTX didn’t meet — so it was a non-functioning Board that wouldn’t appear to have the legitimacy to appoint a law firm to handle the bankruptcy.

“The CEO until November 11, Sam Bankman-Fried, has been characterized in court filings by the new FTX CEO, John Ray III, as being incompetent at best and a fraudster at worst. So it doesn’t appear that Bankman-Fried had legitimacy to appoint Sullivan & Cromwell.

“So, you can see our puzzlement as to whom had the authority and legitimacy to appoint Sullivan & Cromwell.

“Our deadline is today at 10 p.m. ET.”

We received no response from anyone at Sullivan & Cromwell.

We scoured the filings in the FTX bankruptcy case to see if there was an inkling of how a law firm that was attempting to help FTX buy up other firms while FTX was reportedly looting customer accounts got hired for the bankruptcy court case.

We found the following interesting tidbits from the new CEO, John Ray:

“I have over 40 years of legal and restructuring experience…Never in my career have I seen such a complete failure of corporate controls and such a complete absence of trustworthy financial information as occurred here. From compromised systems integrity and faulty regulatory oversight abroad, to the concentration of control in the hands of a very small group of inexperienced, unsophisticated and potentially compromised individuals, this situation is unprecedented.”

Can a group of inexperienced and potentially compromised individuals hire the successor CEO and the bankruptcy law firm for a global crypto firm being investigated around the world?

Ray writes elsewhere:

“I, John J. Ray III, hereby declare under penalty of perjury as follows: 1. I am the Chief Executive Officer of the above-captioned debtors and debtors-in-possession (collectively, the ‘Debtors’), having accepted this position in the early morning hours of November 11, 2022. I am administering the interests and affairs of the Debtors from my offices in the United States…

“In the days leading up to the Petition Date, certain of the circumstances described in Part III below became known to a broader set of executives of the FTX Group beyond Mr. Bankman-Fried and members of his inner circle. Questions arose about Mr. Bankman-Fried’s leadership and the handling of the Debtors’ complex array of assets and businesses.”

And there is this:

“As the situation became increasingly dire, Sullivan & Cromwell and Alvarez & Marsal were engaged to provide restructuring advice and services to the Debtors…”

Again, no specific names of who hired them.

And this:

“At the same time, negotiations were being held between certain senior individuals of the FTX Group and Mr. Bankman-Fried concerning the resignation of Mr. Bankman-Fried and the commencement of these Chapter 11 Cases. Mr. Bankman-Fried consulted with numerous lawyers, including lawyers at Paul, Weiss, Rifkind, Wharton & Garrison LLP, other legal counsel and his father, Professor Joseph Bankman of Stanford Law School. A document effecting a relinquishment of control was prepared and comments from Mr. Bankman-Fried’s team incorporated. At approximately 4:30 a.m. EST on Friday, November 11, 2022, after further consultation with his legal counsel, Mr. Bankman-Fried ultimately agreed to resign, resulting in my appointment as the Debtors’ CEO. I was delegated all corporate powers and authority under applicable law, including the power to appoint independent directors and commence these Chapter 11 Cases on an emergency basis.”

Aside from the fact that all night negotiations ending at 4:30 a.m. in the morning are perhaps not the best way to determine the fate of a company and its customers’ missing funds, again Ray makes the claim that he was “delegated all corporate powers and authority under applicable law,” but fails to state the person or persons who delegated this power to him.

As for the adequacy of Sam Bankman-Fried’s legal representation, his father may not have been the best choice. Reuters is reporting this morning that Sam Bankman-Fried’s parents are attempting to return a deed to FTX for luxury property in the Bahamas that was in their name. As for Paul Weiss, it quickly dumped Sam Bankman-Fried as a client.

Ray is clear on the negligence of the FTX Board of Directors, writing: “Many of the companies in the FTX Group, especially those organized in Antigua and the Bahamas, did not have appropriate corporate governance. I understand that many entities, for example, never had board meetings.”

Despite the sketchiness of just how Ray became CEO and how Sullivan & Cromwell got to wear so many hats in the FTX debacle, big bucks are flowing to the swarms of new FTX advisors.  According to the court filings, Ray will be paid $1300 an hour; the Directors he appointed will be paid $50,000 a month; the new Chief Administrative Officer, Chief Financial Officer, and Chief Information Officer will be paid $975 an hour; and Ray’s employer, Owl Hill Advisory LLC, will receive a $200,000 retainer. We’ve yet to locate the hourly rate at which Sullivan & Cromwell will be paid, but we’ll certainly keep an eye out for it.

If there was ever a case where the Department of Justice needs to be actively involved, this is it.


LINK





The GOP just tried to kick hundreds of students off the voter rolls

    This year, MAGA GOP activists in Georgia attempted to disenfranchise hundreds of students by trying to kick them off the voter rolls. De...