EDO Corporation is an American
company that designs and manufactures products for
defense, intelligence, and
commercial markets, and provides related
engineering and professional
services. It has been the object of criticism in the
United States and in the city of Brighton
in the
United
Kingdom
. In December 2007 it was bought out by
ITT Corporation .
Criticism in the United States
2004 fine
In 2004 EDO Corporation were ordered to pay a fine of $2.5 million.
This matter was related to activities of the former Condor Systems
company, before EDO acquired assets of Condor Systems during their
bankruptcy proceedings. Charges are laid out in a letter from the
U.S. State Department to EDO President and CEO James Smith. Senior
Vice President of Condor Systems, Fredric B. Bassett is EDO’s
Senior Vice President-Finance, Treasurer, Chief Financial
Officer.
The Earmarks affair
EDO Corporation has made payments from its
Political Action Committee, to
the political funds of both
Republican and
Democratic Party
candidates, but these have tended to be to politicians who are on
important government military defence and procurement committees.
Controversy has arisen over contributions, to Senators
Hillary Clinton,
Charles Schumer and Congressman Steven
Israel, who have then backed '
earmarked'
government military contracts for EDO Corporation, soon
afterwards.
On December 27, 2005, the
New York
Sun reported that:
- Many of the companies and executives who won earmarks this
year donated money not only to Senator Clinton, who sits on the
Senate Armed Services
Committee, and to Mr. Schumer, but also to Mr. Israel.
And several of those designated for earmarks gave to members of
the Joint Defense Appropriations Conference Committee, which wrote
the New York projects into the defense spending bill.
On 20 September 2006, the
New York Sun reported EDO had
gained further government defense contacts after giving financial
donations to Washington insiders.
EDO President James M. Smith and the 2006 Executive Excess
Report
On 30 August 2006, EDO Corporation Chairman, CEO, and President,
James M. Smith, was named in a report produced by the
Institute for Policy Studies
and
United for a Fair
Economy, entitled 'Executive Excess'. Smith was reported as
having received one of the highest percentage pay raises of any CEO
in America, as a direct result of the '
War
on Terror' since 2001. His total compensation in 2006 was $1.8
million per year, up from $893,200 in 2001. In July 2006 Smith
filed
U.S.
Securities and
Exchange Commission (SEC) data showing he had sacked 400
workers at a factory in California after his management team had
failed to secure a lucrative contract for anti-IED devices. In
September 2003 EDO was listed by Fortune magazine as number 10 in
the top 100 fastest growing companies in the U.S. EDO have failed
to make the top 100 at all in recent years because of financial
troubles. and are now owned by
ITT
Corporation.
EDO Director Dennis C. Blair and the EDO-IDA scandal
Dennis C. Blair was until 2006 a Director of EDO Corp.
He has also been a U.S. military commander and the Associate
Director of the
Central
Intelligence Agency for Military Support. He is on record as
having knowledge of covert CIA operations within allied countries
that were intended to influence political affairs for the benefit
of US interests.
On 25 July 2006, the
Washington
Post published an article by
Pulitzer Prize winning journalist
R. Jeffrey
Smith and Renae Merlethat. This detailed links between a
think tank, the
Institute for Defense
Analyses (IDA) that had been commissioned as an independent
advisor to the Pentagon, and EDO Corporation. The article exposed
serious issues arising out of Blair's joint positions as president
of IDA and as a director of EDO Corp.
The article was based on evidence gathered by a non-profit
corruption watchdog, called the
Project on Government
Oversight (POGO) that had published a detailed report on the
same day, entitled "Preying on The Taxpayer: The F22 Raptor." This
report details evidence of a
conflict of interest between IDA and
EDO Corporation.
The POGO report describes how IDA had produced an independent study
for the Pentagon, entitled
F-22 A Multiyear Procurement
Business Case Analysis, that advised the U.S. Congress that a
multiyear procurement (MYP) of the
Lockheed Martin F-22
Raptor could result in a cost savings, which is one of six
requirements for issuing a multiyear procurement contract. The
report did note, however, that this estimated cost savings was less
than for other historical MYPs. Congress then approved the MYP,
through a legislative amendment, proposed by Senator
Saxby Chambliss (GA), partly on the basis of
the report's findings. The IDA report was the only one at the time
that backed an F-22 program extension, in contrast with two other
previous reports that had advised against it. A separate study by
RAND, however, commissioned in the wake of the
IDA-EDO scandal, also estimated a cost savings associated with an
F-22 MYP contract, which was actually larger than the estimated
cost savings that IDA reported. The Chambliss amendment extended
the production life of the Lockheed Martin F-22 Raptor by three
years, overturning a previous decision to phase out the fighter
plane because of safety and performance problems, as well as its
huge expense. In testimony before the
Senate Armed Services Airland Subcommittee, on 25 July 2006,
POGO's Danielle Brian said:
We do not know if Admiral Blair
recused himself, or in any way affected the outcome of the IDA
report. I would submit, however, that there is an
appearance of a conflict of interest — given his substantial
personal financial interest and his fiduciary responsibility to
EDO—in the continued funding of the F-22A. This raises
reasonable questions about the independence of IDA’s analysis.
EDO is an important sub contractor on the F22 program, being
the sole supplier for the F22 AMRAAM vertical
ejection launcher. As a director who owned shares in the
company, Dennis Blair arguably stood to gain from any decision by
Congress to extend the F22 program.
On 27 July 2006, the
Washington Post reported that Dennis
Blair had revealed that he would resign from the board of EDO
Corporation, 'as soon as possible,' because of the revelations.
Dennis Blair then submitted his letter of resignation on 31 July
2006.
On 13 September 2006, the
Washington Post reported that
Dennis Blair had resigned his position as president of the
Institute of Defense Analyses after its trustees had found that a
conflict of interest had occurred. Blair was asked to give up his
other paid positions with military contractors, but he refused and
instead chose to give up his position of president of IDA.
On 20 September 2006,
Rolling
Stone magazine published an article on the story entitled
"Another Tale of Waste and Fraud Unpunished".
On 28 September 2006, the
New York
Times reported that the F-22 multiyear contract had been
approved by Congress despite opposition from
Donald Rumsfeld,
George W. Bush
and the present and future chairmen of top U.S. Government military
procurement committees. The
New York Times suggested that
the military industrial lobby that pushed the F-22 multiyear
programme was more powerful than the elected officials who oversee
government military spending including the
President of the United
States himself.
On 1 December 2006, the
Washington Post reported that the
U.S. Inspector General had found that although Blair had indeed
violated IDA's conflict of interest policy by working for both EDO
and IDA at the same time, his actions had not affected IDA's
results on the F-22. It also found that Blair's involvement in the
IDA F-22 MYP study was "minimal," with no involvement in conducting
the analysis or preparing or reviewing the report before it was
finalized.
Dennis C. Blair was replaced as an EDO director by General
John A. Gordon
(ret), who is closely linked to Blair. In 1996 Gordon replaced
Blair as Associate Director for Military Affairs at the CIA, and in
2007 Blair and Gordon sit together on the council of SAFE, a
corporate-military think tank tasked with finding solutions to the
approaching energy crisis.
In January 2009 Blair became
Director of National
Intelligence under President
Barack
Obama making him the highest ranking intelligence official in
the US Government.
EDO Director Leslie Kenne and the Joint Strike Fighter
contract
Lieutenant General Leslie Kenne spent 32 years in the United States
Air Force. In 1997 she was appointed Director of the Joint Strike
Fighter (JSF) program, the U.S. Department of Defense's largest
ever military acquisition program with a budget of $30 billion.
Lockheed Martin is the prime JSF program contractor. Lockheed
Martin awarded EDO a contract on January 9, 2002 for the design,
development and manufacture of a suite of pneumatic weapon delivery
systems for the JSF.
Kenne resigned from the USAF in September 2003 and shortly
afterwards joined the board of directors of EDO Corporation.
EDO Director Paul Kern and allegations of war crimes at Abu
Ghraib/EDO links with Titan Corporation
While still serving in the U.S. military General
Paul Kern was appointed by Defense Secretary
Donald Rumsfeld to report on an
internal investigation into the
Abu Ghraib torture and
prisoner abuse. In August 2004 he presented the
Fay Report largely absolving the military
hierarchy of blame for the torture and sexual abuse. Kern blamed
the torture in part on the civilian contractors working with
military intelligence services
in the prison. One of the companies involved was identified as
Titan Corporation, a contractor
that supplies technology and 'civilian interrogators' to military
intelligence. (The company has close links to the US intelligence
community. Former CIA director
James
Woolsey has served on its board of directors.) However Kern did
not advise that Titan Corporation should be charged with any
criminal offence. Kern had been picked by Rumsfeld to investigate
the Military Intelligence operations at Abu Ghraib after an earlier
report which had implicated them in the torture. This earlier
report was called the
Taguba Report
and because of its controversial reference to 'systematic abuse'
was kept secret until it was leaked to
Seymour Hersch of
The New Yorker. In June 2007 Hersch
published an article on Taguba who was forced to resign after
submitting the report to Rumsfeld.
A few enlisted U.S. soldiers were eventually convicted, and
imprisoned as a result of the investigations.
Titan Corporation
sacked one of their employees Adel Nakhla
who had admitted holding down prisoners who were
being tortured. Another Titan employee
John Israel, a 'civilian
interrogator/interpreter' identified by the Taguba Report as one of
the four main people believed to have been responsible for the
torture is suspected by some journalists
including
Robert Fisk of being an
Israeli agent.
In April 2008 the Bush Administration were ordered to release a
memo under the Freedom of Information Act that showed it had
approved torture techniques in 2003 and given legal argument
support for the use of torture techniques.
Kern retired shortly after the report came out and in January 2005
joined EDO Corporation as a director. Two of the other ten EDO
Corporation directors who helped to elect him, James Roth and
Robert M. Hanisee, were, and remain directors of Titan Corporation
and as directors are open to charges of collusion and direct
involvement in war crimes according to international law, but they
have not been prosecuted by the United States legal system. Despite
a lack of political will by the US Government to prosecute, Titan
Corporation and
CACI were nonetheless
defendants in a civil action brought by victims of the
torture in Abu Ghraib
Prison
.
The U.S.
Military Commissions
Act 2006 effectively brought an end to such legal actions in
the US.
In 2005, Titan Corp. admitted bribery charges after it paid $2
million into the re-election fund of the
President of Benin,
Mathieu Kérékou.
Kern is also a member of the Cohen Group which has as its CEO yet
another EDO Corp director, Robert S. Tyrer.
Protest in the UK
Regular anti-war protests outside EDO (UK) factory
On 21 September 2006, protesters blockaded the EDO MBM factory in
Brighton for several hours forcing the Managing Director Paul Hills
to scale a security fence to enter the premises. He then used an
angle grinder or wire cutters to cut a hole in the EDO's fence to
let the employees in to work. The protesters left the scene without
being arrested. On 16 September 2006, 100 protesters marched
through Brighton to deliver a petition calling for the closure of
EDO MBM to Brighton Town Hall.
On 23 August 2006 two protesters climbed 40
feet onto the roof of EDO MBM
Technology Ltd to unfurl a banner protesting the company's
supply of weapons to Israel used in the Qana
bombing in
which 16 Lebanese children were killed. On 19 July 2006
protesters staged a 'Horrors of War' demonstration outside the
Brighton factory recreating scenes of violence and mutilation that
result from aerial bombardment.
On the morning of 17 July 2006, three
activists completely blockaded EDO's Brighton
, United Kingdom
subsidiary EDO MBM Technology Ltd in protest at
EDO’s supply of weapons technology to the Israeli military being
used to attack Gaza
and in the
then ongoing 2006
Israel-Lebanon conflict. These are just a few actions in
an ongoing campaign of protest, civil disobedience and non-violent
direct action against EDO in Brighton that began in 2004 and has
come to be known as the Smash EDO campaign. There has been at least
one demonstration a week outside the factory since 2004, and the
number of protests against the EDO MBM since 2004 now numbers in
the hundreds.
Smash EDO campaign
There have been numerous protests and direct actions since 2004
voicing the opinion that EDO MBM should close or convert its
factory to civilian use. Protest actions have included road
blockades, rooftop occupations, attempted weapons inspections, and
three peace camps set up in woodland next to the factory. There
have also been several large marches through Brighton city centre
against EDO involving hundreds of protesters. In the process
several arrests have been made by Sussex Police, mostly under
public order legislation.
The
Rome Statute of
the International Criminal Court brought into UK domestic law
by the ICC Act, makes it an offence for UK citizens and residents
to act in complicity with
war crimes and
any
war of aggression that takes
place anywhere in the world. In nearly all criminal trials,
protesters against EDO MBM have argued that the company is acting
unlawfully by assisting war crimes, in particular those committed
by the UK/U.S. forces in Iraq and the Israeli forces in occupied
Palestine. Magistrates in Brighton, have generally refused to
acknowledge the argument, but have found other reasons to acquit
the demonstrators to avoid the cases going to appeal courts. The
ongoing campaign of protest, civil disobedience and non-violent
direct action against EDO in Brighton, began in 2004 and came to be
known as the
Smash EDO campaign.
In March 2008 a feature length documentary about the Smash EDO
campaign was released.See
On The
Verge
On 17 January 2009 protesters raided EDO's factory in Moulsecombe.
Computers and filing cabinets where thrown out of windows and
according to Sussex Police, "extensive damage was caused". Smash
EDO said that their protestors had performed a "citizen's
decommissioning" of the factory in response to the ongoing conflict
in Gaza.
Sales to the Israel defense forces
Until April 2007 EDO MBM Technology Ltd advertised on their website
that they 'actively manufacture'
[468998]the
Zero Retention Force Arming
Unit, a component that includes as a 'current application' the
'
IAF VER-2' bomb
rack.
The removal of the 'actively manufacturing' reference came shortly
after this page was presented as evidence in a Brighton Magistrates
Court defence case of two protesters who had occupied the roof of
the EDO MBM's premises to protest against EDO's complicity in the
supply of equipment to Israel used in attacks on Lebanon.
The EDO
MBM Zero Retention Force Arming Unit is an essential part of the
Israeli Military
Industries (IMI) VER-2 Bomb Rack, which is now made by a
subsidiary of Elbit Systems Ltd in
Israel
."CyclonAviation Acquisition of IMI Aircraft:
System Division Broadens In-House Capabilities"
[468999],
Israeli Ministry of
Defense
VER-2
A
Janes Defence Weekly
(JDW) article, in June 1996, stated that "Israel’s F16s use
VER-2vertical ejection bomb racks made by Israeli Military
Industries (IMI)."
No evidence has been found that the VER-2 is used by any air force
other than the Israeli Air Force. The VER-2 utilizes the EDO MBM
Zero Retention Force Arming Unit as an essential part.
In a
Lewes Crown
Court
sitting in Hove
in December
2005, the then managing director of EDO MBM, David A. Jones,
admitted under oath that he had removed references to the VER-2
from the EDO MBM website, after protests began in Brighton in 2004,
to avoid controversy.
In court, Jones denied that the company had ever made the VER-2.
Jones claimed that EDO MBM had simply ‘licenced’ the design for the
VER-2 from Israeli Military Industries, and were only ‘advertising
the capability to make it’ on their website.
Whatever the truth about the EDO MBM's involvement in the VER-2 it
is clear from their website that at least until April 2007 EDO MBM
did claim to 'actively manufacture' and appear to be the sole
manufacturer of the Zero Retention Force Arming Unit, and the VER-2
utilizes the EDO MBM Zero Retention Force Arming Unit as an
essential part. Protesters believe there has been a concerted
attempt to hide this fact since 2004 when protests began,
The VER-2 is the 'main bomb rack' of the Israeli Air Force (IAF)
F16. Israel has used the
General Dynamics Lockheed Martin F16 as its premier fighter
and airstrike weapon since the 1980s.
EDO MBM and UN Peace Messenger City Brighton and
Hove
EDO MBM
was originally targeted by protesters because it represents the
most direct link between the Iraq War the
Occupation of
Palestine
and the UK city of Brighton and Hove
. The city council was the first in the
country to be awarded United Nations Peace Messenger City status
and yet it owns the land, Home Farm Business Park, on which EDO
MBM's factory stands. EDO rent the property through a third party
company, Europa Holdings Ltd, who hold a 125 year lease on the
section of the park where EDO has its factory. Till early 2005 the
same lease was held by Cheshire County Council.
EDO MBM provided essential arming and release components for the
Raytheon Paveway
'smart munitions' used extensively in the
shock and awe bombing by US/UK forces at the
outset of the Iraq war. This led to the deaths of tens of thousands
of civilians. EDO MBM have been awarded a contract to provide
components for the next generation Paveway IV 'fire and forget'
smart bomb for the UK RAF.
As a result of the apparent contradiction of being a peace
messenger city while being the landlord of an arms company,
Brighton City Council in
July 2005 came
close to passing a motion of censure against EDO MBM. At the end of
a full council meeting, in which debate on the motion was refused
on grounds of time limits, the council eventually passed a watered
down amendment to the motion that struck out all mention of the
company and instead resolved to raise a UN peace flag above the
town hall on one day each year . In March 2007, shortly after a
Green Party councillor had taken on the role of 'peace messenger'
from a member of the ruling Labour Party group, Brighton council
announced they were scrapping the peace messenger city status for
financial reasons.
Injunction case: EDO MBM v Campaign to Smash EDO &
others/EDO MBM v Axworthy & others
The ongoing protests led EDO MBM and its employees, in April 2005,
to seek a permanent high court
injunction
against 14 named protesters and two protest groups
Smash
EDO and
Bombs out Of Brighton, on grounds of
harassment. The intended injunction brought under Section 3 of the
Protection from Harassment Act 1997, applied to all protesters, not
only those named in the court papers (who in any case strongly
denied the allegations). The case created a public outcry because
it was seen as a draconian, disproportionate and unjustified
measure used by a U.S. arms company to suppress the freedom to
protest of UK anti-war protesters. The company failed to gain a
permanent injunction and dropped the action in early 2006, at a
cost of several million dollars in legal costs.
Sussex Police collusion with EDO MBM
In the course of the high court battle a temporary or interim
injunction was imposed on all protesters until a full trial could
deal with the full facts of the case. The restrictions on protests
and the aggressive strategy of Sussex Police brought about by this
injunction, led to dozens of arrests and public order criminal
charges against protesters. Two protesters spent up to a week in
Lewes prison (on remand) as a result of arrests for alleged
breaches of the injunction. The first for using a video camera to
gather evidence of an assault on a protester by a security guard,
and the second for stepping into a road opposite the factory. These
charges carried a penalty of up to five years in prison on
conviction. The cases would have had
Crown
Court jury trials if not dropped by
the CPS. Others were arrested after allegations that they had
disobeyed police orders, assaulted police, or obstructed them in
the enforcement of the injunction.
After evidence came to light in the High Court that Sussex Police
may have colluded with EDO Corporation to exaggerate the threat
posed by demonstrators to the safety of employees, defence
solicitors in related criminal cases began to investigate further.
Then in what appeared to be a
domino
effect, the
Crown
Prosecution Service proceeded to drop all criminal charges,
against all protesters, in all related cases, in an effort to
protect the confidentiality of internal Sussex police documents
which may have helped defendants prove such collusion had taken
place. In July 2006 13 official complaints against Sussex Police
were filed by protesters alleging police collusion with the arms
company.
EDO (UK) Chairman Sir Robert Walmsley questioned
Sir
Robert Walmsley is a director of
EDO Corporation, and is Chairman of the Board of EDO (UK), which
includes EDO MBM Technology Ltd in Brighton. On 1 August 2004
The Independent reported
that Sir Robert Walmsley, Former Chief of Procurement at the UK
Ministry of Defence, who retired in April 2003, had been called in
by a UK government watchdog, the Advisory Committee on Business
Appointments, to answer questions about his appointments to the
board of Directors of
General
Dynamics and EDO Corporation.
General Dynamics was awarded the (₤1.7 billion) Prime Contractor
and Systems Integration contract for the BOWMAN secure, digital
voice and data communications system in September 2001, while
Walmsley was still in charge of MOD procurement. On retirement in
April 2003 Warmsley was offered a lucrative directorship of General
Dynamics. A government watchdog committee advised Walmsley not to
take up the post for one year after he had retired from the MOD, to
avoid the appearance of a 'reward' being given by General Dynamics
to Walmsley. Walmsley publicly joined General Dynamics in April
2004. He had by then, already become a non-executive director on
the board of
British Energy. His
position at General Dynamics was described as a 'triumph' by the
Daily Mail on 23 February 2004 as his appointment gave him the
'highest position achieved by a Briton at a US prime
contractor.'
In
The Independent report, UK Prime Minister
Tony Blair was said to have dismissed the
watchdog recommendations that tighter rules were needed over such
issues. In a later report published by
The Independent on
26 December 2004, Blair was alleged to have helped 'mandarins' such
as Walmsley, gain top jobs in the private sector, in defiance of
anti-corruption committees. In May 2006,
The Independent
reported UK Government plans to scrap anti-corruption watchdog
committees.
Sir Robert Walmsley and the Global Dominance Group
In 2006 Sir Robert Walmsley was named in a report 'The Global
Dominance Group' produced by the US research group
Project Censored. Walmsley is cited as one
of 240 people considered as the world's top advocates of
neo-conservative US global military domination.
Sir Robert Walmsley and the Al Yamamah arms scandal
Sir
Robert Walmsley has also been linked to controversy over the
Al Yamamah arms deal with Saudi Arabia
which was conducted in such secrecy that government
National Audit Office reports into the deal remain
classified. The deal has been associated with bribery and
corruption allegations, and was the subject of a police
investigation until dropped in controversial circumstances. Police
were denied access to an NAO report because it is classified. A
Daily Telegraph report on 7
July 2006 reported, that judging from a list documents released
under the
Freedom of
Information Act (FOIA), that there had been two classified NAO
reports rather that just one as previously thought. The revelation
came about through the title of one of the documents:
"Letter
from Sir Robert Walmsley, Chief of Defence Procurement to C&AG
[NAO head Sir John Bourn] responding to recommendations in draft
audit findings - 30 March 1998" which apparently refers to a
draft of a second secret NAO report.
References
External links