D.C. Court of Appeals Zoom Oral Arguments – December 08, 2021
DC Goes on Trial for their Failure to Protect Jawaid Bhutto
REMEMBER THOSE EYES?
They are the eyes of a critical thinker lost in self reflection. This philosopher has left a pair of eyes that are looking out on his behalf. The eyes of his life partner will ensure that his assailant and everyone in the DC metropolitan area who stole his life is brought to trial and punished.
JAWAID BHUTTO’S ATTACKER SEEKS `PRIVACY’ TO PROTECT HIS MURDEROUS PAST
THE KILLER CAUGHT ON CCTV CAMERAS PACING THE GROUNDS, WAITING FOR BHUTTO TO COME HOME, NOW WANTS TO PLEAD INSANITY
The accused in Jawaid Bhutto’s case, Hilman Jordan, who killed his cousin two decades ago, and was seen on CCTV cameras pacing the grounds… waiting for Jawaid to finish his night shift and come home… seeks to plead insanity. It’s an old tactic that’s worked before. Some 22 years ago after Jordan killed his cousin and pleaded insanity, he was spared from prison.
On Sept 30, at 9:00 am, Judge Dana Dayson will hear his lawyers argue that Jordan’s mental health records be kept private. This “privacy” made it possible for Jordan, a schizophrenic killer, to live in a neighborhood where no one would know his demented criminal past.
Since the last hearing on August 25, the defense lawyers for the accused have tried to convince the judge not to allow Jordan to be examined by a psychiatrist. They also want to impose all types of conditions on the psychiatrist to freely evaluate his mental condition, including invoking the Fifth and Sixth amendment..
The defense goal in opposing the psychiatric evaluation of the criminal is an effort to “prove” that he acted in a fit of insanity when he attacked Jawaid Bhutto, as the latter returned home and began to unload groceries from the trunk of his car.
PUBLIC DEFENDER HAS WORKED HARD TO SAVE ACCUSED
The Public Defender, Dana Page has worked hard to save the accused. During COVID, she tried to have her client sent to St. Elizabeth Psychiatric Hospital. Instead, he was hospitalized and has since recovered to face trial.
Currently, the defense has been on the attack by arguing that the government side has failed to provide them all the “discovery material” that could prove their argument beyond reasonable doubt. The prosecution has rejected their arguments.
HEARING WILL BE BEAMED LIVE ON WEBEX VIDEO
People who gathered to hear Jawaid Bhutto (below) may not hear directly from him. But they will hear the circumstances under which the gentle, humane Bhutto…. who was blossoming as a deep thinker and an inspiration for thousands of people… was suddenly and cruelly snatched away from our midst.
The audience above waits to hear from Jawaid Bhutto, speaking above on Skype from his bedroom in Washington DC.
On September 30, they will be able to see and hear the proceedings on Jawaid’s case relayed on Webex video from DC Superior Court.
WATCH THIS SPACE
WASHINGTON (AFP) – US Secretary of State Mike Pompeo pressed Afghanistan’s Taliban to come to the table to end the long-running war as he called on Pakistan to play a supportive role, the State Department said Wednesday.
Pompeo met in Washington with Pakistan’s foreign minister, Shah Mehmood Qureshi, in the latest US outreach to the government of new Prime Minister Imran Khan, a longtime advocate of a negotiated settlement with Islamist insurgents.
The top US diplomat, who met Khan last month in Islamabad, “emphasized the important role Pakistan could play in bringing about a negotiated settlement in Afghanistan,” State Department spokeswoman Heather Nauert said.
Pompeo “agreed that there was momentum to advance the Afghan peace process, and that the Afghan Taliban should seize the opportunity for dialogue,” Nauert said of the meeting, which took place Tuesday.
President Donald Trump has doubled down on the war effort in Afghanistan despite his past calls to end the longest-ever US war.
But diplomatic efforts have also intensified, with US officials meeting in July in Qatar with representatives of the Taliban, whose hardline regime was overthrown in a US-led operation in the wake of the September 11, 2001 attacks.
The State Department notably did not say whether Pompeo addressed Pakistan’s position on extremism.
In August, Pompeo congratulated Khan in a telephone call on taking office, with the State Department saying that he asked Islamabad to “take decisive action against all terrorists operating in Pakistan.”
Pakistan denied the account, saying that the issue never came up.
The United States has pressed for years for Pakistan to crack down on the Taliban and Haqqani network as well as virulently anti-Indian groups that operate virtually openly in parts of the country.
Trump has suspended military assistance worth hundreds of millions of dollars to Pakistan, accusing the country in which Osama bin Laden was found hiding of duplicity.
© 2018 AFP
How could we have expected anything from Trump’s Washington other than the circus that unfolded on Capitol Hill on Thursday over the Supreme Court nomination of Brett Kavanaugh? In the course of eight agonizing hours in a wood-panelled hearing room, tears were shed, tweets were sent, fists were pounded.
At the end of the day, as at the beginning, the polarized politics of Kavanaugh’s nomination to the Supreme Court had hardly shifted. The hearing was not an effort to answer the perhaps unanswerable question of what happened between Kavanaugh and the woman who accused him of sexual assault in 1982, when he was a teen-ager, but a searing, infuriating reminder of what we already knew: there are two Americas, getting angrier by the minute, and they are not listening to each other. Truth was not the goal, nor will it be the outcome.
The day before the hearing, I spoke with Ron Klain, who, twenty-seven years ago, served as the chief counsel of the Senate Judiciary Committee during the Anita Hill–Clarence Thomas hearings. The panel’s handling of Hill’s allegations of sexual harassment by Thomas was widely seen as a debacle, if for nothing other than the embarrassing panel of white men from both parties who alternately berated and belittled Hill. However, Klain reminded me, in the immediate aftermath of those hearings, Thomas was viewed in public polls as more credible than Hill, and several wavering Democratic senators, much to their later regret, voted for him. For all those in recent days who said that American politics have changed fundamentally since 1991, Klain was not so sure.
His reading on Wednesday was that Republicans were determined to proceed with the Kavanaugh nomination, regardless of what was said by his accuser, Christine Blasey Ford, at Thursday’s hearing. The only uncertainty was about the small handful of Republican moderates who had already been wavering on the Kavanaugh nomination before Ford’s allegations became public. The Republican strategy going into Thursday’s hearing was clear: attack the charges as a last-minute “smear” perpetuated by Democrats, and push forward. “This is their motto: If they can, they will,” Klain told me.
Midday on Thursday, when the Senate Judiciary panel broke for lunch in the midst of Ford’s powerful and at times wrenching testimony, I immediately thought of Klain’s prediction as the initial flood of reviews rolled in. Republicans were said to be stunned by Ford’s compelling presentation, and fearful that it had just blown up Kavanaugh’s chances. They were sure his nomination was doomed. Would Kavanaugh even last the day? some wondered. How soon, others asked, until Trump drops the nominee? “This is a disaster,” the journalist Chris Wallace said on the Trump-friendly Fox News. “Total disaster,” one senior Republican told Politico. “The writing is on the wall,” the CNBC commentator John Harwood said. On C-SPAN—staid, boring, C-SPAN—women were calling in to the live coverage to share their own stories of being sexually assaulted. A political earthquake was happening, or so it seemed.
Klain, however, was having none of it. At 12:15, he tweeted, “I felt the same way after Anita Hill testified. And yet the GOP persisted. Don’t underestimate their determin[ation] to get Kavanaugh on the court.” He was right, of course, and the next few hours would prove it.
This is such an angry time in Washington, and in our politics. Whatever else it was supposed to be, this was a Senate Judiciary hearing all about that anger. Rage at what politics has become. Rage from women who feel that their voices have been ignored for too long. Rage from Kavanaugh and his defenders. In the hallways of the Senate, there were protesters shouting at senators, and some senators pushing right back at them.
Just about the only person who didn’t sound angry was Ford, a professor and suburban mom who pronounced herself “terrified” at the outset of the hearing. She seemed genuinely so as she recounted, in a wavering voice, what she said was a sexual assault by Kavanaugh and his friend Mark Judge in the summer of 1982. She added no relevant new facts to what she had already disclosed, and offered no new corroboration, but she answered calmly, at times even clinically, as she discussed the lingering effects of the trauma and her own reluctance to come forward about it. Asked what she recalled best about an experience from which some memories were hazy or nonexistent, she replied, her voice wavering, “Indelible in the hippocampus is the laughter.” It was an extraordinary juxtaposition between Ford, the scientific researcher she has become, and Chrissy Blasey, the shaky fifteen-year-old she was at the time she says her encounter with Kavanaugh occurred.
Emotion does not win on Capitol Hill, though, where the majority rules. The Democrats supporting Ford and demanding a more thorough investigation of her charges before voting on Kavanaugh do not control the Senate, and they did not get to set the terms of the hearings. In Washington, process determines outcome, and in this case the outcome was very likely determined from the moment Republicans on the Judiciary Committee set up the process. The process was designed to give us the deadlock of he-said-she-said, and, in the end, that is exactly what it did. Ford said she was “a hundred per cent certain” that Kavanaugh had attacked her; Kavanaugh said he was “a hundred per cent” sure he had not. How could it have been any other way? There was no independent F.B.I. investigation; no other witnesses were called. Questions were limited to one five-minute round for each senator. Ford spoke first and Kavanaugh second; he would have the last word.
In the morning, Ford was given her due, and the eleven white, male Republican senators stayed resolutely and, it seemed for some of them, sullenly silent as she testified, each deferring his question time to a female prosecutor from Arizona who had been brought in to query Ford for them, so they did not repeat the mistake of the men who grilled Anita Hill.
But the afternoon was all about anger, and it turned out that it was not women’s anger that this Senate Judiciary hearing will be remembered for but that of men. Kavanaugh, in a long opening statement he wrote himself, was so angry he was practically shouting at times as he proclaimed his innocence and attacked Democrats for a “calculated and orchestrated political hit” that he suggested was somehow the product of “pent-up anger” about President Trump’s victory in the 2016 election and “revenge on behalf of the Clintons.”
The night before the hearing, President Trump had made clear this was exactly the kind of angry fight he wanted from his nominee. Trump said at a news conference that he would stick with Kavanaugh “if we win,” and for Trump winning invariably means attacking and never admitting wrongdoing. At least twenty women have accused the President himself of sexual misconduct, and he was quoted in Bob Woodward’s new book, “Fear,” as advising that the way to survive such allegations is to “deny, deny, deny.”
Kavanaugh and his Republican defenders got the message, and they amped it up to a level I have rarely seen on Capitol Hill in nearly three decades in Washington. On the Senate Judiciary Committee on Thursday, it was Trump’s Republican Party that showed up; once Kavanaugh showed his fight, the Republican senators joined him in a parade of alpha-male outrage.
The first to get them going was Lindsey Graham, the South Carolina Republican who has perhaps become Trump’s closest confidant and adviser in the Senate, despite running against him in 2016 and calling him a “kook” unfit for office. Graham, in full dudgeon, thundered that this was “the most unethical sham since I’ve been in politics,” and practically shook with rage toward the Democrats he blamed for inflicting the Ford story on the committee at the eleventh hour. Graham’s conspiracy theory was riddled with exaggerations and half-truths, but it did not matter—an angry narrative had been found.
After that, it was all over but the shouting, and relieved Republicans who just hours earlier had been wondering if and when Trump would pull the nomination now praised Graham for saving the day. “A HERO,” a conservative Christian TV journalist, Dave Brody, who has interviewed Trump more than just about anyone else, tweeted. Around 4:50 P.M., a barrage of apparently coördinated tweets emerged from the White House: Trump’s counsellor Kellyanne Conway and the White House press secretary, Sarah Huckabee Sanders, praised Graham’s fiery speech. “@LindseyGrahamSC has more decency and courage than every Democrat member of the committee combined,” Sanders tweeted. “God bless him.”
Immediately after the hearing adjourned, at 6:45 P.M., Trump tweeted a demand for a vote, and soon. “Judge Kavanaugh showed America exactly why I nominated him,” the President said in his message. In a way, it was one of the least arguable things Trump had said all week. Senator John Cornyn, a Judiciary Committee member who is also the Republican Whip, followed right up. “The plan is still to have a markup tomorrow morning,” he told reporters in the hallway outside the hearing room. “This has gone long enough.” Meanwhile, Senators Jeff Flake, Susan Collins, Lisa Murkowski, and Joe Manchin—three key Republican swing votes, and a Democrat from the heavily pro-Trump state of West Virginia—huddled after the hearing. Manchin emerged to tell reporters that they were all still undecided.
The day looked to be ending exactly as it had started. The Republicans on Capitol Hill will push Kavanaugh through, or at least they will try. Soon after 8 P.M., the Judiciary Committee announced that its vote on Kavanaugh’s nomination will happen as scheduled, at nine-thirty on Friday morning. The Republican motto remains: If they can, they will.
Susan B. Glasser is a staff writer at The New Yorker, where she writes a weekly column on life in Trump’s Washington.
KABUL, Afghanistan — The State Department said on Tuesday that United States citizens were among the victims of the Taliban attack on a hotel in Kabul, Afghanistan, over the weekend, which killed 22 people.
American officials said they were not yet able to publicly identify the citizens who were killed or injured, but Afghan officials said it appeared that at least three people with American citizenship — all of them either dual citizens or with family roots in Afghanistan — had lost their lives.
The Afghan Foreign Ministry identified one of the dead as Abdullah Waheed Poyan, an Afghan diplomat. Relatives said he had lived in the United States for at least a decade and held a United States passport.
“The attack on the hotel, once again, shows the depravity of terrorists who seek to sow chaos,” said Heather Nauert, the spokeswoman for the State Department. “Sadly, we can confirm that Americans are among the victims.”
Six Taliban militants barged into the highly guarded Intercontinental hotel on Saturday night, fighting until noon on Sunday. At least 14 of their victims were foreign citizens, nine of them pilots and flight crew members from Ukraine and Venezuela who worked for a private Afghan airline, Kam Air.
In the aftermath of the attack, there has been much confusion about the casualties, with many fearing the Afghan government was hiding the real toll.
Different officials have insisted the number is no more than 20 or 22 dead. On Monday, at least two new bodies were discovered at the hotel, which remains off limits to journalists.
Much of the hotel looks charred in photographs that have leaked out, and Afghan officials said many of the bodies were burned or in bad shape, making the identification process difficult.
Ahmad Shakib Mostaghni, a spokesman for the Afghan Foreign Ministry, said that paperwork for 10 of the foreign citizens was completed and that their bodies would be flown to their home countries soon.
“The four remaining are Americans and German,” Mr. Mostaghni said. “Their paperwork is not ready and no one has reached our ministry for assistance. All the bodies are at the morgue.”
The Taliban claimed responsibility for the attack. The Afghan government has said it was the work of the Haqqani network, a brutal arm of the insurgency that operates out of Pakistan.
President Trump recently suspended nearly all American security aid to Pakistan for harboring militant groups such as the Haqqani network on its soil. The death of American citizens in an attack claimed by the group is likely to increase the tensions between the United States and Pakistan.
Gardiner Harris contributed reporting from Washington.
Thirteen years ago, Defense Secretary Donald Rumsfeld arrived in Pakistan with a list. He pulled it from his shirt pocket during a meeting with President Pervez Musharraf, and told the general how, during a recent Oval Office gathering, President George W. Bush had expressed bewilderment and annoyance that most of the terrorists on the list were suspected of hiding out in Pakistan—an ostensible American ally. Musharraf promised to look into the matter, according to a participant in the meeting.
And, less than a month later, Pakistan’s military intelligence agency, the Inter-Services Intelligence, or I.S.I., arrested one of the men atop the list. “Here’s the truth,” a former senior U.S. intelligence official told me. Pakistan has been “in many ways” America’s best counterterrorism partner, the official said. “Nobody had taken more bad guys off the battlefield than the Pakistanis.”
Yet there was, and remains, a maddening quality to their coöperation, the official said. Pakistan’s intelligence service went “all-in” against certain terrorists, like Al Qaeda and the Pakistani Taliban, while continuing to support the Afghan Taliban, the Haqqanis, and anti-India jihadis. On at least two occasions, the former acting C.I.A. director Michael Morell flew to Pakistan with a list of militants the United States hoped Pakistan would apprehend or confront.
Just last month, Defense Secretary James Mattis went there on a similar mission. “It’s frustrating. Our talking points have been identical for the last fifteen years: ‘You need to get tough on terrorism, and you need to close the sanctuaries,’ ” one former intelligence official told me.
Last week, Donald Trump became the third President to echo that frustration. “The United States has foolishly given Pakistan more than 33 billion dollars in aid over the last 15 years,” he tweeted. “They have given us nothing but lies & deceit.” Three days later, the Trump Administration went further than its predecessors when the State Department announced that it was suspending military-equipment deliveries and financial assistance to Pakistan until the country took, in the words of a senior Administration official, “decisive action” against the Afghan Taliban, the Haqqani network, and other groups that “threaten U.S. interests and U.S. personnel” in Afghanistan. The value of suspended funds totals approximately two billion dollars, and includes military equipment that Pakistan ordered in 2013 but has not yet received.
American officials have never been blind to the Pakistani agency’s duplicity. It was “baked into the stock price of U.S.-Pakistan relations,” said Joshua White, a former national-security council adviser in the Obama Administration. And, in general, Pakistani coöperation with America’s counterterrorism campaign has been strong: their government permitted the C.I.A. to fly armed drones over Pakistan’s remote tribal areas, where many militants hid. Initially, the agency even based its drones on Pakistani soil, working off a list jointly drawn up with its I.S.I. counterparts. As those on the “target deck” were killed, new names—most of them foreign Al Qaeda leaders—were added.
That close collaboration has eroded over the years. In 2010, the identity of the C.I.A.’s station chief, Jonathan Bank, appeared in the Pakistani press in what American officials suspected was a leak planted by the I.S.I. Bank’s replacement, Mark Kelton, arrived at an inopportune time: a day after he showed up, two Pakistani men died in an altercation in Lahore with a C.I.A. contractor, Raymond Davis, who claimed that the men had tried to rob him. And Kelton was still there when, in May, 2011, Navy SEALS helicoptered into Pakistan, stormed Osama bin Laden’s compound, and killed the Al Qaeda leader. At one point, the I.S.I. chief at the time, Ahmed Shuja Pasha, told the U.S. Ambassador, Cameron Munter, how Kelton, who could be dour, reminded him of a “walking cadaver.” Not long after, Kelton fell ill. He suspected that he had been poisoned.
Eventually, the C.I.A. stopped notifying the I.S.I. of drone strikes in advance. Pakistani officials, in turn, exaggerated the number of civilians killed in the American strikes, according to several former officials. The C.I.A. has been exacting in its efforts to avoid civilian casualties, officials told me. For instance, in May, 2013, according to two former intelligence officials, agency drones spotted Wali-ur-Rehman, the deputy emir of the Pakistani Taliban, on the roof of a compound where, in the summer months, it was cooler than sleeping inside. There was a clear shot from the drone circling overheard, but analysts at C.I.A. headquarters were wary that a direct strike would bring the whole house down, and kill numerous women and children inside. After studying the house for hours, they decided that they could fire the missile from an oblique angle, killing Rehman and his associates on the roof, while saving those below. The Predator dropped into a low orbit and fired several missiles, which skimmed the roof and killed Rehman. The officials said that no civilians died.
By 2015, the C.I.A. had begun to run out of Al Qaeda targets in Pakistan; there were ten drone strikes reported in Pakistan that year, compared to a hundred and twenty-two in 2010. “The center of gravity for Al Qaeda was in the process of a fundamental shift from Pakistan to Syria,” Joshua Geltzer, the former senior director for counterterrorism on Obama’s national-security council, told me. And though the Trump Administration has presented its new policy as a correction to America’s past failings in Pakistan, current and former national-security officials said it was the C.I.A.’s counterterrorism successes there, andAl Qaeda’s corresponding weakness in Pakistan, which have enabled Trump to take a harder line.
In short, Al Qaeda’s operation in Pakistan just does not represent the threat it once did. The former C.I.A. director Michael Hayden declined to comment on, or even acknowledge, the C.I.A.’s drone program, but he told me that he applauded Trump’s decision, and said, “He may be confident enough that we have sufficiently shaped the environment that the downsides are manageable.”
Al Qaeda, however, is not the only terrorist group in Pakistan. Militants based there, particularly the Haqqani network, continue to carry out deadly attacks on civilians and Afghan and American forces in Afghanistan. White, the former South Asia adviser, said, “The outstanding list of Al Qaeda-affiliated figures is small. But the Haqqani list is moving in the other direction.” And when American officials have asked the Pakistani military and intelligence officials to pressure the Haqqanis, White said, “They were at times minimally responsive, but we always hit a wall.”
Trump’s national-security adviser, H. R. McMaster, has endorsed a harder line against Pakistan as part of a plan to reinvigorate the war against the Taliban in Afghanistan. Last year, McMaster saw a report by Lisa Curtis, a research fellow at the Heritage Foundation, and Husain Haqqani, the former Pakistani Ambassador to the U.S. (and of no relation to the Haqqani network in North Waziristan), titled “A New U.S. Approach to Pakistan.” In it, Curtis and Haqqani argue that the Trump Administration should “stop chasing the mirage” that Pakistan might change its approach to confronting certain terrorist groups without the threat of withholding aid. “Pakistan is not an American ally,” they write.
McMaster asked Curtis—an experienced Pakistan analyst who had worked at the C.I.A. and the State Department—to join the national-security council as the senior director for South and Central Asia. The paper she co-wrote with Haqqani has become the “blueprint” for Trump’s Pakistan policy, according to a source familiar with the Administration’s deliberations. After last week’s suspension of aid, the question is, what next? In their paper, Curtis and Haqqani propose that the U.S. might threaten to designate Pakistan a “state sponsor of terrorism,” which could cause a near-total rupture in relations between the two countries and, perhaps, even the sanctioning of current and former Pakistani officials.
Pentagon and State Department officials have resisted the new hard-line approach, citing the risk that Pakistan could cut off the land and air routes that the U.S. uses to supply American forces in Afghanistan. State Department officials were also reportedly blindsided by Trump’s tweets last week. (Defense Secretary Mattis has repeatedly discouraged other Administration officials from issuing ultimatums. A senior defense official told me, of Mattis, “He’s still making his case.”) The senior Administration official disputed claims that the Defense and State Departments were not part of developing the new approach, and the characterization of Curtis and Haqqani’s paper as the “blueprint” for the policy change. “There is a robust interagency process,” the official told me. “There are many people involved in the policy process. There is a deliberative process.”
More importantly, the official said, last week’s announcement reflected the Trump Administration’s “broader strategy” in Afghanistan: a political settlement between the Afghan government and the Taliban. But, the official added, “We believe that so long as the Taliban and the Haqqani network feel they have a safe haven in Pakistan, they will be less motivated to come to the negotiating table.”
One of the former intelligence officials said that he sympathized with Trump’s stern position. But expecting the I.S.I. to dump the Haqqanis and the Taliban struck him as being as naïve and Pollyannaish as blaming America’s failures in Afghanistan on Pakistan. “Even if Pakistan becomes the most benign country in the world, Afghanistan is not going to be Switzerland,” he said.