Posted By Margaret Slattery

This morning, FP published our newest ebook, Bird of Chaman, Flower of the Khyber, Matthieu Aikins's great read about his wild ride in a Pakistani truck, starting in Karachi and following the military supply route into the Afghan war zone. The book, the second in our Borderlands series of dispatches from the world's most contenious fault lines, is now on sale on our site and for the Kindle on Amazon.

Over the course of six days and 1,000 miles, Aikins encountered roadside bandits, Kalashnikov-wielding tribal patrols, predatory police, and hawk-eyed toll guards. But he also befriended a group of rural Pashtuns, among the many who have left their tribal homelands for jobs as truckers, carting supplies into Afghanistan and, in the process, becoming crucial actors in the U.S. and NATO military operation there.

Aikins rode with two such Pashtun men -- a pair of hash-smoking brothers from the northern border town of Landi Kotal -- in the back of their rickety 1993 Nissan, where he took the short video above, just as the truck was entering the famed Khyber Pass between Pakistan and Afghanistan. 

Top news: With initial returns indicating Nawaz Sharif secured a resouding majority in parliamentary elections Saturday, the former prime minister, who was ousted in a coup in 1999, has begun discussions to form a government, even as allegations of widespread voting fraud abound.

Current estimates indicate that Sharif's party, Pakistan Muslim League, has won at least 125 seats, short of a majority but sufficient to guarantee victory. His two main opponents, the Pakistan People's Party and former cricketer Imran Khan's Movement for Justice Party, have secured about 30 seats each. To win a majority takes 137 seats. Sharif's strong showing at the polls may hand him a government in a much stronger position than the outgoing PPP, whose weak coalition government frequently flirted with collapse.

But Saturday's vote, which marked the end of a frenetic and energized campaign, was also marred by violence and serious allegations of voting fraud, particularly in Karachi, Pakistan's largest city. Allegations include the forcible takeover of some polling stations, in addition to outright voter fraud in other parts of the city. Additionally, at least 38 people were killed Saturday in attacks through out the country aimed largely at derailing the vote.

Turkey/Syria:  After a car bombing killed 46 in a Turkish town on the border with Syria, Turkish Foreign Minister Ahmet Davutoglu said it was time for the international community to act against the Syrian regime. Despite Syrian denials of involvement, Davutoglu pointed to an "old Marxist terrorist organization" with ties to the Assad regime as responsible for the attack. Prime Minister Recep Tayyip Erdogarn added that Turkey will not be dragged into a war in Syria as a result of the attack, saying in a televised speech that "we will not lose our calm heads, we will not depart common sense, and we will not fall into the trap they're trying to push us into." He also added: "Whoever targets Turkey will sooner or later pay the price."


Middle East

  • Syrian government forces retook control of Khirbet Ghazaleh, a strategically important town near a highway that links Damascus with Jordan.
  • Syrian rebels released four Filipino peacekeepers captured near the Syria-Israel border.
  • Former Egyptian President Hosni Mubarak made his first comments to the media since being ousted from power, saying that he is worried about the country's state of affairs and conditions for the poor.

Asia

  • With the deathtoll of a factory collapse in Bangladesh at 1,127, the government announced it will raise the minimum wage for garment workers and allow workers in the industry to form trade unions without the consent of factory owners.
  • The Japanese stock market advanced Monday morning on news the G7 finance chiefs had approved efforts by the Japanese government to stimulate the economy, which has the yen hitting historic lows against the dollar.
  • North Korean leader Kim Jong Un fired his hard-line defense minister and replaced him with a little-known general.

Europe

  • According to exit polls, neither Bulgaria's center-right party nor the Socialists -- who finished first and second, respectively -- secured the necessary votes in parliamentary elections to form a government.
  • British Prime Minister David Cameron is facing a revolt within the Tory party on the issue of continued UK membership in the European Union.
  • Serbian Deputy Prime Minister Aleksandar Vucic visited northern Kosovo and urged ethnic Serbs there to accept an EU-brokered agreement to normalize relations between the two countries.

Africa

  • Three activists were arrested in Zimbabwe for carrying out educational activities to increase awareness of the country's upcoming eleciton.
  • Forty patients escaped from a mental hospital in Nairobi, Kenya, after overpowering the guards.
  • Rebel soldiers who overthew the government in the Central African Republic are demanding payment before they disarm.

Americas

  • The former dictator of Guatemala, Efrain Rios Montt, was convicted on charges of genocide and crimes against humanity and handed an 80-year prison sentence.
  • Pope Francis canonized the first saints of his papacy, including two Latin American nuns, one of which is the church's first Colombian saint.
  • Ilich Ramirez Sancez -- the Venezuelan terrorist better known as Carlos the Jackal -- has decided to appeal a life sentenced handed down by a Paris court.

 




Arif Ali/AFP/Getty Images
EXPLORE:MORNING BRIEF

Posted By Marya Hannun

On Saturday, Pakistanis will vote in historic general elections -- the first transition from one elected government to another in the country's tumultous history. For this and several other reasons, Mosharraf Zaidi argues in Foreign Policy that Pakistan is heading into this weekend's polls better off than you might think, despite the spate of violence that has preceded it. But Pakistani writer Rafia Zakaria might beg to differ.

On Friday, she penned a blistering op-ed for Dawn, Pakistan's leading English-language daily, on the state of the country. The column, entitled "The great expectations of historic elections," invokes Miss Havisham. For those of you who weren't paying attention in high school English class, she is the withering old maid in Charles Dickens's Great Expectations -- as Zakaria puts it, "a woman frozen in time."

Abandoned by her fiancé on the eve of her wedding, Miss Havisham never quite recovers and, years later, still wears her tattered wedding dress. As Zakaria sees it, she is a lot like Pakistan:

Like old Miss Havisham who sat at her dressing table, refusing to let time enter, refusing to change out of her wedding dress and refusing to see the horror of her situation; Pakistanis weep for an injured cricketer and a dead white tiger and forget the ordinary tragedies that surround them....

In the song singing, change chanting moment, there is no room to talk about the pile of trash outside the mosque, the outstanding IMF loans, the wedding dress worn for two decades, the groom that never came, the frauds of elections past and the tragedies of dead leaders. In Dickens's novel, Miss Havisham never really changes. Frayed and yellowed, her nuptial garment catches fire and she and it are burned to death, frozen still in their denials and beyond rescue by any hero.

It might seem odd for a Pakistani author to employ Dickens in making sense of the challenges facing her country, but highlighting Pakistan's Dickensian side actually seems to be something of a trend. Here are just a few examples of how the British titan of Victorian-era social realism has been trotted out in the Pakistani op-eds of news cycles past.  

Bleak House

Yousuf Nasim, in a scathing 2012 op-ed about Pakistan's judicial system, begins with an epigraph from Bleak House, Dickens's novel ridiculing England's arcane legal system by chronicling a never-ending court case, Jarndyce v. Jarndyce:

"The little plaintiff or defendant who was promised a new rocking-horse when Jarndyce and Jarndyce should be settled has grown up, possessed himself of a real horse, and trotted away into the other world." - Bleak House by Charles Dickens

Nasim goes on to write:

I have no hesitancy in asserting that there are numerous cases currently pending in Karachi, which would put to shame Dickens' dystopian portrayal in Bleak House. Yet there persists a myopia which prevents legal practitioners from seeing what is plain before their eyes: that the system is broken. There is, effectively, no access to justice for the vast majority of society. Public confidence in the legal system as a means of resolving disputes is plummeting, and unless drastic measures are taken to arrest this decline, the outcome for our society and our polity will be alarming.

A Tale of Two Cities

In March, Dickens's masterpiece on the French revolution, A Tale of Two Cities, made an appearance in an op-ed blasting wealth inequality and patron-client relations in Pakistan. Titled, "A Tale of Two Cities," the article, written by columnist Aasin Sajjad Akhtar, states:

This lack of concern, as I have suggested, is explained by the fact that those with power and influence actually have nothing to gain from redressing the prevailing state of affairs.

Meanwhile, those who are taught not to ask questions, to dutifully obey their superiors and then accept it all as divine will continue to be an easy prey for the reactionary ideologues that thrive on having a captive public to do their bidding.

If there is to be a happy ending in this tale of two cities, we need first and foremost to empathise with the voiceless masses that keep this country running in spite of, rather than because of, their self-absorbed, slothful and subjugating masters.

Hard Times

In another Pakistani English-language daily, The News, Jamil Nasir, an economist based in Lahore, refers to the novel Hard Times in a column about income inequality in Pakistan:

When a society undergoes a metamorphosis from an agrarian to an industrial economy, there are both losers and gainers. The industrialists and the middle class gains, while in a world of ‘mechanisation and desperation', the labourers work only for subsistence wages due to obvious reasons. They live in pitiable conditions as depicted vividly by Charles Dickens in Hard Times. Once industrialisation becomes the predominant mode of economy, pressure mounts on the government for redistribution due to heightened awareness of rights - and consequently inequality declines.

Any thoughts on why Dickens keeps cropping up in Pakistani political commentary? Leave them in the comments. And even if you can't turn to Dickens for the answers to all of Pakistan's troubles, at least now you know where to turn if you want to brush up on your British lit.

Oli Scarff/Getty Images

Posted By J. Dana Stuster

With Pakistan's election just around the corner on Saturday -- and amid a month-long campaign of violence that local papers have dubbed the "reign of terror" -- the New York Times reported Friday that Pakistan's Interior Ministry has demanded that the paper's Islamabad bureau chief, noted journalist Declan Walsh, leave the country. From the Times's report:

The ministry gave no explanation for the expulsion order, which was delivered via a two-sentence letter by police officers to the bureau chief, Declan Walsh, at 12:30 a.m. Thursday local time at his home.

"It is informed that your visa is hereby canceled in view of your undesirable activities," the order stated. "You are therefore advised to leave the country within 72 hours." The timing of the order means Mr. Walsh must exit Pakistan on the night of the elections.

Walsh has reported from Pakistan for the past nine years for the New York Times and the Guardian, and his journalism is characterized by an eye for detail and a knack for making a frequently perplexing country comprehensible. For the past month, his reports have focused on the run-up to Pakistan's May 11 election: political maneuvering and rivalries, patronage networks, and the string of attacks that have punctuated the campaign. We've collected some of his greatest hits from recent weeks below.

From his May 8 article on Pakistan's feudalistic patronage networks:

As a result, Multan has been transformed, residents say. The city is ribboned with new roads and expressways, while a modern airport, capable of accommodating wide-body jets, is near completion. The railway station has been overhauled, some neighborhoods have new sewerage and young students have been awarded generous scholarships.

A giant billboard outside Mr. Gilani's house lists his achievements: 34 major development projects, costing more than $280 million, all financed by Pakistani taxpayers. "Multan has become like Paris for us," said Muhammad Bilal, a 28-year-old laborer and enthusiastic Gilani supporter, at a rally last week....

Mr. Gilani, for example, was in jail from 2001 to 2006 during the rule of Gen. Pervez Musharraf on a charge of arranging 600 government jobs for his constituents during a previous administration in the 1990s. "If giving jobs is a crime, then I am a criminal," he told voters at one rally, to loud cheers.

In fact, the practice is institutionalized: The government gives each Parliament member, no matter the party, about $200,000 a year to spend on "development" -- effectively, a patronage slush fund.

He writes a riveting lede, like this one from his May 5 article about Pakistan's hardline Islamist candidates:

Dust swirled as the jeep, heralded by a convoy of motorcycle riders and guarded by gunmen in paramilitary-style uniforms, pulled up outside the towering tomb of an ancient Muslim saint.

Out stepped Maulana Abdul Khaliq Rehmani, a burly cleric with a notorious, banned Sunni Muslim group. Thanks to a deft name change by his group, he was now a candidate in Pakistan's general election, scheduled for Saturday.

Or this intro from his April 21 article on the Pakistani Taliban's intimidation tactics:

When Shahid Khan started talking, his gunmen clambered onto a school's rooftop, scanning the surrounding hills with flashlights, anticipating a possible attack.

In the past 10 days, militants have carried out five attacks against Mr. Khan's party.

Below them, Mr. Khan, a candidate for his region's provincial assembly, addressed potential voters - poor farmers and village traders, gathered on a cluster of rope beds outside the school, listening raptly to his promises. Then, after wolfing down snacks offered by his hosts, he abruptly left.

"They say it's not safe around here," said Mr. Khan, as he leapt into a waiting car, trailed by a bodyguard. "We'd better get going."

No stranger to Pakistan's extremist groups, Walsh profiled Hafiz Muhammad Saeed, the leader of Lashkar-e-Taiba, in February:

...Mr. Saeed lives an open, and apparently fearless, life in a middle-class neighborhood here.

"I move about like an ordinary person -- that's my style," said Mr. Saeed, a burly 64-year-old, reclining on a bolster as he ate a chicken supper. "My fate is in the hands of God, not America."

New York Times executive editor Jill Abramson has written to the Pakistani interior minister protesting the decision, and journalists and analysts have voiced their support on Twitter.

Walsh, for his part, has so far only tweeted out the Times article about his enforced departure:

 

Declan Walsh/Twitter

Posted By J. Dana Stuster

Egyptian activist Ahmed Maher, a co-founder of the April 6 Youth Movement, was arrested at the Cairo International Airport on Friday, according to Egyptian press reports. He was returning to Egypt from a 13-day trip to the United States hosted by the Milken Institute and the Project on Middle East Democracy, during which he met with officials from the State Department, the Obama administration, and Congress, and spoke at universities and the Milken Institute Global Conference. "The goal of Maher's trip," according to a press release from POMED, "was to highlight the many challenges to democratic progress in Egypt, including a widespread crackdown on freedom of speech, assembly, and association."

Egypt's Ahram Online reports that Maher's arrest is in connection with a March 28 protest outside the residence of the Egyptian minister of the interior in which activists waved women's clothing and banners claiming the ministry had "prostituted" itself to the government of President Mohamed Morsy. Maher tweeted a picture from the protest, "Now in front of the house of the minister of the interior."

Four members of the April 6 Youth Movement were arrested and then released last month for their involvement in the protest. At the time, a spokesman for April 6 told Ahram Online that no arrest warrant had been issued for Maher. But today, an Egyptian official told AFP that "the prosecution has decided to jail Ahmed Maher for four days as part of the investigation."

Maher and April 6 supported the candidacy of Mohamed Morsy. But since the country's constitutional crisis in November, he has felt disillusioned by the new government. "This regime is the same old regime, but has a religious atmosphere or shape," he said at an event at the New America Foundation on Monday. It has "the same rules, the same constitution ... the same behavior, the same strategy, the same politics -- so we need to keep the struggle until step down all of that regime."

Maher also knows the potential consequences of his protests. "Our members are arrested now and in the jail, and sometimes are tortured. So our role now is to keep the struggle," he said Monday. It's not his first arrest, either -- in fact, Maher was arrested for organizing protests as early as 2008, years before the January 2011 revolution.

"Opposition figures and protestors being arrested isn't new, unfortunately," Marc Lynch, director of George Washington University's Middle East Studies Program and an FP blogger and columnist, told Passport by email. Lynch met with Maher during his visit to Washington. "What is striking is that Ahmed would be arrested after returning from the US where he spoke (I understand) to a variety of US officials as well as academics and think tankers. It just points to the ongoing urgency of real reform of the security sector in Egypt," he wrote.

Maher's arrest also demonstrates the government's unwillingness to work with even receptive members of the opposition, according to Nancy Okail, Egypt director for Freedom House, who also met with Maher during his visit to Washington. "The arrest of any activist is worrisome, but Maher's arrest is particularly significant as he was one of the strongest supporters of President Morsy before and after his elections," Okail told FP by email. "He repeatedly expressed his willingness to extend a helping hand to the government to solve Egypt's problems -- especially with regard to reforming the police. The current repressive approach of the Egyptian government is stifling constructive discussions at the very time it should be expanding dialogue with different segments of Egyptian society."

At the State Department's daily press briefing this afternoon, Acting Deputy Spokesperson Patrick Ventrell told reporters that the State Department was still trying to confirm reports of Maher's arrest, saying "of course, if it were true, we'll express our concerns, but at this time we're still seeking more information." Representatives from the Egyptian embassy did not respond to requests from FP for comment.

KAREN BLEIER/AFP/Getty Images

Posted By Marya Hannun

The death toll from the collapse of the Rana Plaza factory in Bangladesh has now surpassed 1,000, intensifying international scrutiny on the labor and safety conditions of garment workers in the country. And while some have called for boycotts of major retailers like Primark or Gap, the tragedy -- the worst in the garment industry's history -- has also generated debate about why people have a harder time exerting their power as "ethical" consumers when it comes to clothing than when it comes to, say, fair trade coffee. 

On Thursday, an article in the New York Times suggested this dynamic might be changing. "The revolution that has swept the food industry is expanding to retail: origins matter," the report began optimistically. Citing the catastrophic events in Bangladesh as a catalyst, the article went on to provide several examples of new labeling and transparency in the clothing industry. A coalition of retailers that includes giants like Nike and Walmart, for instance, is developing an index to measure the labor, social, and environmental impact of their supply chains. The paper adds:

New research indicates a growing consumer demand for information about how and where goods are produced. A study last year by professors at the Massachusetts Institute of Technology and Harvard showed that some consumers - even those who were focused on discount prices - were not only willing to pay more, but actually did pay more, for clothes that carried signs about fair-labor practices.

But there's good reason to keep your optimism in check. The study cited by the Times, which only tested whether an "ethical" label made people more inclined to buy goods priced equally, found that "[a]mong customers shopping for lower priced women's and men's items, labels with information about labor standards (or information about other product attributes besides price) had no statistically significant impact on sales." The labels only had a positive effect on sales for one group: female shoppers looking for more expensive items.

And the findings appear bleaker when you compare them to what we know about the way consumers approach fair trade coffee. When it comes to coffee, this and other studies note that not only are people far more likely to opt for fair trade products, but they are also sometimes willing to pay more for fair trade, making the label attractive for companies. As with clothing, shoppers looking for savings are unlikely to pay a high premium for fair trade coffee. But they still opt for fair trade when price differences are minor.

In a blog post earlier this month, Stephan Manning, an assistant professor of management at the University of Massachusetts Boston, addressed the question of why people may care more about the origins of the coffee they're drinking than the clothing they're wearing. After all, he notes, labor and environmental concerns about the coffee industry in the 1970s and 80s led to profound shifts in consumer and retailer practices. By 2015, Starbucks, the world's biggest coffee company, will be 100-percent fair trade. It's hard to imagine the same being true of Walmart in 10 years. Manning continues:

So why is it that certification seems to work in coffee, but not in clothing? Why is it that sustainability standards in coffee look way beyond health and safety issues, whereas the Clean Clothes Campaign and their partner organizations struggle to get major fashion brands to sign very basic agreements, such as the Bangladesh Fire and Building Safety Agreement which would promote independent inspections of supplier factories, public reporting, training and mandatory repairs and renovations?

Manning puts forward a couple of theories. First, coffee is a good where quality inherently matters to most consumers (because we literally consume it), which may go a long way in explaining why we are willing to shell out more for the stuff. It's a theory echoed by the MIT/Harvard study, which suggests that one of the reasons people are attracted to fair trade is because they associate higher quality with the product. We tend to value clothes for a host of attributes that go beyond quality, including style, cut, and color.

Manning also points out that "unlike the café latte which consumers might enjoy while looking at a poster of happy coffee farmers, the aesthetic value of a piece of clothing is quite unrelated to the purchasing experience." We wear clothes outside of the store, where it's all too easy to forget their origins.

Another study mentioned by the Times -- entitled, "Sweatshop labor is wrong unless the shoes are cute: Cognition can both help and hurt moral motivated reasoning" -- seems to support Manning's hypotheses. The study "found that the complex supply chain in retailing made it easier for consumers to justify poor labor practices," the Times explains. While people may theoretically oppose poor labor practices (and even find themselves outraged and horrified at the images coming out of Bangladesh), they manage to put their morals aside when they come across a pair of cute shoes.

MUNIR UZ ZAMAN/AFP/Getty Images

Top news: With campaigning officially ended ahead of Pakistan's parliamentary elections tomorrow, former Prime Minister Nawaz Sharif's party is expected to take the most votes, but a late surge by the part of former cricket star-turned-populist politician Imran Khan could complicate his ability to form a government. A party would have to win 137 out of the National Assembly's 272 seats to govern with a simple majority but that appears unlikely, potentially setting the stage for days or weeks of coalition building. 

The final week of campaigning has been a wild conclusion to the landmark election, which would be Pakistan's first transition between two civilian governments. Five people were killed on Friday in bomb attacks on party offices in Quetta and Peshawar. Khan is currently recovering in the hospital after falling from a mechanical lift at a rally earlier this week. Nonetheless, 35,000 supporters turned up at a campaign rally in Islamabad that he didn't attend. On Thursday, Ali Haider Gilani, the son of former Prime Minister Yousuf Raza Gilani and a candidate for local office for the ruling Pakistan People's Party was kidnapped near the city of Multan in Punjab.

The motive behind the kidnapping is unclear, but Taliban militants are widely suspected. The Taliban has threatened to disrupt this Saturday's election with suicide bombings. At least 110 people have been killed in election-related violence and Taliban attacks and threats have hampered the ability of several parties to campaign.  

Medicine: Two companies that produce vaccines against cervical cancer announced that they would cut their prices for poor countries. 


Middle East

Asia

  • A woman was rescued alive from the rubble 17 days after the Rana Plaza building collapse in Bangladesh. 
  • Taiwan has demanded an apology for the shooting of a fisherman by the Philippines Coast Guard. 
  • The yen hit a four-year low against the dollar ahead of a G7 finance ministers meeting in London.

Europe

Africa

  • Three suicide attacks hit Malian and Nigerien troops in Mali. 
  • Amnesty International accused Eritrea of detaining around 10,000 dissidents in recent years. 
  • Liberian newspapers have protested a government threat against a journalist by running black front pages

Americas

  • Former Guatemalan dictator Efrain Riot Montt denied any role in atrocities against the country's Mayans at his trial for genocide. 
  • Tens of thousands of Chilean students have resumed their protests calling for free education.
  • The Vatican has condemned Mexico's cult of "Santa Muerte."

 




Arif Ali/AFP/Getty Image
EXPLORE:MORNING BRIEF

When a former Obama administration legal advisor delivers a tough criticism of the president's prosecution of the war on terror, what do you see? Evidence of the manifest illegality of the White House's drone program? An example of Obama's lack of political will? An invocation of frightening Bush-era legal theories of presidential power?

Welcome to the Rorschach test that is Harold Koh's recent speech to the Oxford Union.

On Tuesday, Koh, until January the chief legal advisor at the State Department, criticized the White House's lack of transparency with regard to its drone program, which Koh said has resulted in "a growing perception that the program is not lawful and necessary, but illegal, unnecessary and out of control." That jab was part of a three-part plan laid out by Koh to extricate the United States from the "Forever War" (1. Disengage from Afghanistan; 2. Close Guantánamo; 3. Discipline drones).

Prior to joining the administration, Koh was an outspoken critic of the Bush administration. But once inside government, he served as one of the chief legal architects of the Obama administration's national security policies, many of which bore a striking resembling to Obama's predecessor's. Now, Koh is firing back -- if rather gently -- at his former employer. But beyond his rather straightforward policy recommendations, it's not entirely clear how to interpret Koh's speech. And the varied responses it provoked offer something of a primer on the current state of thinking about Obama's prosecution of the war on terror.

Over at the Atlantic, Conor Friedersdorf sees the secrecy surrounding the drone program and Koh's call for its dismantling as proof positive of the program's illegality. In order to "discipline drones," Koh called on Obama to make public the legal rationale for drone strikes and targeting American citizens overseas, clarify its method for counting civilian casualties, and release the threat assessments behind individual drones strikes. Additionally, Koh called on the White House to send its officials before Congress to testify about the program. All in all, sensible reforms aimed at transparency.

But, as Friedersdorf argues, the fact that none of these things -- moves all within Obama's power to carry out -- have happened reveals the drone program's shaky legal basis, if not its outright illegality:

If Koh believes all that is what should happen, then he believes the Obama Administration's current approach is deeply wrongheaded, and not just because of its indefensible dearth of transparency. It is not "consistent with due process" to target American citizens. The way Team Obama counts civilian casualties is not "consistent with international humanitarian law standards." Obama can't demonstrate that its strikes were all directed against imminent threats. Being more transparent about any of those things will in fact be discrediting, not redemptive.

Hence the secrecy.

And although he precedes everything with, "as President Obama has indicated he wants to do," Koh knows that Obama could do everything Koh endorses, but has in fact chosen not to do it.  

Writing for her blog Emptywheel, Marcy Wheeler interprets Koh's argument about how to close Guantánamo as evidence of Obama's lack of political will to finally erase this stain on America's human rights record. In his speech, Koh urged Obama to designate a senior White House official with sufficient weight to close down the prison. But that plan, Wheeler contends, bears remarkable similarities to Obama's failed effort to close Gitmo early in his first term:

Now, I'm all in favor of closing Gitmo and this might be one way to do it. Koh actually improves on the prior plan by admitting the indefinite detainees will have to be released as the war is over, which is legally correct but misapprehends why they're not being released and why we have to have a Forever War to justify keeping them silent and imprisoned forever.

But Koh's map for closing Gitmo also misrepresents why appointing Greg Craig himself to carry out the Gitmo task didn't work. As I traced in real time (see, here, here, and here), to get Obama's ear, Craig had to fight through Rahm Emanuel. And Rahm preferred to sell out Obama's human rights promises in exchange for an eventually failed attempt to appease Lindsey Graham. Rahm won that fight. After Rahm won that battle, he scapegoated Craig. Ultimately, when asked why he left, Craig pointed to Rahm.

It wasn't enough to appoint Greg Craig. Closing Gitmo either required appointing someone with the bureaucratic chops to beat Rahm or someone like him in battle, or someone whom Obama actually entrusts such a battle with. And Holder's fate - where Obama continues to have trust in him even while he ultimately reversed his decision to try Khalid Sheikh Mohammed in NYC - shows that's not enough. Heck, Koh stayed on for almost four years, but even battles he presumably thought he had won, like drone rules, he now appears to have lost. Ultimately, then, it's going to take a really shrewd fighter or ... it's going to take the President wanting to invest political capital in these things more than he did three years ago.

Koh's emphasis on the need to close Guantánamo reflects the degree to which the Bush administration's shadow still hangs over the Obama White House -- a fact highlighted in the blog Lawfare commentary on Koh's conception of presidential power. "Look who has discovered inherent presidential powers," Benjamin Wittes observes sarcastically (elsewhere on Lawfare, Steve Vladeck defends Koh against the charge of hypocrisy).

What do you see in this ink blot of a speech?

Chip Somodevilla/Getty Images

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