How The United States, Russia Arrived At Deal On Syria’s Chemical Weapons

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UNITED STATES v. BAHR

He would talk into the night, he said. He would get up as early as necessary the next day. According to a State Department officials account of the negotiations, which began Thursday evening and ended Saturday afternoon with a framework accord to secure and eliminate Syrias chemical weapons, it was a deal that almost did not happen. In the end, the deal was written entirely by the U.S. side. The Russians agreed to it in an impromptu poolside conversation between Kerry, Lavrov and their deputies, who dragged over chairs to join them. Kerry made final edits to the draft on an iPad in his hotel room. The version of events offered Sunday by the senior State Department official, who spoke on the condition of anonymity to discuss the closed-door conversations, was both riveting and self-serving. Russian officials offered no recounting of their own, except to emphasize that the deal was their idea, discussed in general terms over the past year but not seriously addressed until they proposed it last week. Syrian President Bashar al-Assad, who had no representative in Geneva, was similarly closemouthed. In an interview with RIA Novosti, the Russian news agency, Syrian National Reconciliation Minister Ali Haidar said the agreement would help Syrians come out of the crisis and had prevented the war against Syria by having removed a pretext for those who wanted to unleash it. In Moscow, the Foreign Ministry refused to comment on the course of the Geneva talks, but the newspaper Kommersant reported that the Russian delegation was unsure until almost the end whether the United States would accept international control of Syrias chemical weapons. If Kerry had balked, the effort would likely have collapsed.

A. Treatment Disclosures We make clear now that the use of unconstitutionally compelled statements to determine a sentence in a later, unrelated criminal proceeding is unconstitutional. The Supreme Court has recognized that the Fifth Amendment’s protections extend to the sentencing phase of a criminal case. Mitchell v. United States, 526 U.S. 314, 32728 (1999). We have recognized that those protections also extend to separate criminal proceedings. United States v. Saechao, 418 F.3d 1073, 1081 (9th Cir.2005). Thus, in accord with this court’s precedent, we hold that the district court’s consideration of the treatment disclosures violated Bahr’s Fifth Amendment rights. Although Bahr did not assert his Fifth Amendment right against self-incrimination at the time of the disclosures, that right is self-executing where its assertion is penalized so as to foreclose a free choice. Minnesota v. Murphy, 465 U.S.