This is not my work, but rather that of a commenter on Boing Boing which bears repeating. Ideally, it would appear on some future memorial to America’s drone victims.
Can you still hear the screaming of the Yemenite children?
I bet the firewood they were gathering burned real good
when the Hellfire missiles torched their little bodies.
The child pictured is not Yemeni. She is Shakira, a 4-year-old girl, who survived but was burned in a U.S. drone strike in Pakistan in 2009. Burned children look the ame in Yemen as in Pakistan, Afghanistan and the other places U.S. drone attacks occur.
Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!
Show of hands: anybody out there who heard much of the Yazidi in Iraq before a day or two ago? Because our president is going to re-engage in combat in Iraq to save them. Airstrikes are now authorized!
Save Our Yazidi
Once upon a time placing America’s service people in harm’s way, spending America’s money and laying America’s credibility on the line required at least the pretext that some national interest was at stake. Not any more. Anytime some group we don’t like threatens a group we could care not so much about, America must act to save a proud people, stop a humanitarian crisis, take down a brutal leader, put an end to genocide, whatever will briefly engage the sodden minds of the public between innings and spin up some new war fever. Some of these crisis’ get a brief moment in the #media (Save our girls!), some fizzle and fade (The Syrian people!) and some never even made sense (Somebody in the Ukraine!)
With some irony, “freeing the Iraqi people from an evil dictator” was one of the many justifications for the 2003 invasion.
And so this week, apparently it is the Yazidis in northern Iraq. These people consider themselves a distinct ethnic and religious group from the Kurds with whom they live in Iraq, though the Kurds consider them Kurdish. Their religion combines elements of Zoroastrianism with Sufi Islam. One of their important angels is represented on earth in peacock form, and was flung out of paradise for refusing to bow down to Adam. While the Yazidis see that as a sign of goodness, many Muslims view the figure as a fallen angel and regard the Yazidis as devil-worshippers. Fun Facts: the Yadzidi don’t eat lettuce, either, and also boast a long tradition of kidnapping their wives. The photo above shows them slaughtering a sheep, which they do eat.
Between 10,000 and 40,000 civilians (kind of a big spread of an estimate given how important these people are now to the U.S.) are currently stranded on Mount Sinjar in Northern Iraq without food and water, having been driven out of town by ISIS earlier this week.
So, in response to this humanitarian crisis, or this genocide as the New Yorker called it, Obama’s answer is pretty much the same answer (the only answer?) to any unfolding world event, more U.S. military intervention.
With no apparent irony, the White House spokesperson, surnamed Earnest (honestly, Orwell must be laughing in his grave) said on the same day “We can’t solve these problems for them. These problems can only be solved with Iraqi political solutions.”
Obama also has said U.S. airstrikes on Iraq aim to protect U.S. military advisers in Iraq who one guesses are not part of that political solution by definition.
I feel for anyone suffering, and I have no doubt the Yazidis are suffering. But as we start bombing things in Iraq again, let’s invite Obama to answer a few questions; White House journalists, pens at the ready please:
– Since this is happening in Iraq, and the U.S. spent $25 billion to train the Iraqi Army and sold it some serious weaponry, why isn’t it the Iraqis who will be doing any needed bombing? Is it because they are incompetent, or is it because the Baghdad government is either afraid to operate in Kurdish territory and/or wholly unconcerned what the hell happens up there?
Yep, might be those things. The Yazidis have long complained that neither Iraq’s Arabs nor Kurds protect them. In 2007, in what remains one of the most lethal attacks during the American Occupation, suicide bombers driving trucks packed with explosives attacked a Yazidi village in northwestern Iraq, killing almost 800 people.
– At the same time, since this is happening in defacto Kurdistan, and the U.S. has spent billions there since 1991 and supplied it some serious weaponry, why isn’t it the Kurds who will be doing any needed bombing to protect those they consider their own people? Hmm, just an idea, but the U.S. has recently imposed an economic oil embargo on Kurds to force them to stay with Iraq and they might be unhappy with American ‘stuff right now.
– Outside Kurdistan/Iraq, the other major Yazidi population centers are in Turkey and Iran. So why aren’t they doing any needed bombing?
– If indeed this Yazidi issue is a genocide, why isn’t the U.S. seeking UN action or sanction? The UN has, after all, started safely extracting small number of Yazidis. Could anyone help with that?
– If indeed this Yazidi issue is a genocide, why aren’t any of America’s allies jumping in to assist in any needed bombing? Seriously, if all this is really so important, how come it is just the U.S. involved, always?
– While saving the Yazidis is the stated goal, in fact any U.S. airstrikes are technically and officially acts of war on behalf of the Government of Iraq. And we’re also cool with that, yes?
– And c’mon, isn’t this just a cynical excuse to tug on some American heartstrings, crank up the war fever and get us back into the Iraq war? ‘Cause even if that’s not the intention, it is a likely result.
– And Obama, we’re gonna be cool announcing the loss of American life, again, in Iraq, this time to save the Yazidi? ‘Cause even though there are supposedly no boots on the ground, there is no way you are going to drop bombs near civilians you are trying to protect without Special Forces laying their boots on the ground to guide in the airstrikes. We are not Israelis, after all.
Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!
Iraq before our invasion was three separate pseudo-states held together by a powerful security apparatus under Saddam. If you like historical explanations, this disparate collection was midwifed by the British following WWI, as they drew borders in the MidEast to their own liking, with often no connection to the ground-truth of the real ethnic, religious and tribal boundaries.
That mess held together more or less until the U.S. foolishly broke it apart in 2003 with no real understanding of what it did. As Saddam was removed, and his security regime dissolved alongside most of civilian society, the seams broke open.
The Kurds quickly created a de facto state of their own, with its own military (the pesh merga), government and borders. U.S. money and pressure restrained them from proclaiming themselves independent, even as they waged border wars with Turkey and signed their own oil contracts.
The Sunni-Shia rift fueled everything that happened in Iraq, and is happening now. The U.S. never had a long game for this, but never stopped meddling in the short-term. The Surge was one example. The U.S. bought off the Sunni bulk with actual cash “salaries” to their fighters (the U.S. first called them the Orwellian “Concerned Local Citizens” and then switched to “Sons of Iraq,” which sounded like an old Bob Hope road movie title.) The U.S. then also used Special Forces to assassinate Sunni internal enemies– a favored sheik need only point at a rival, label him al-Qaeda, and the night raids happened. A lull in the killing did occur as a result of the Surge, but was only sustained as long as U.S. money flowed in. As the pay-off program was “transitioned” to the majority Shia central government, it quickly fell apart.
The Shias got their part of the deal when, in 2010, in a rush to conclude a Prime Ministerial election that would open the door to a U.S. excuse to pack up and leave Iraq, America allowed the Iranians to broker a deal where we failed. The Sunnis were marginalized, a Shia government was falsely legitimized and set about pushing aside the Sunni minority from the political process, Iranian influence increased, the U.S. claimed victory, and then scooted our military home. Everything since then between the U.S. and Iraq– pretending Maliki was a legitimate leader, the billions in aid, the military and police training, the World’s Largest Embassy– has been pantomime.
But the departure of the U.S. military, and the handing over of relations to the ever-limp fortress American embassy, left Iraq’s core problems intact. Last year’s Sunni siege of Fallujah only underscored the naughty secret that western Iraq had been and still is largely under Sunni control with very little (Shia) central government influence. That part of Iraq flows seamlessly over the artificial border with Syria, and the successes of the Islamic State of Iraq and the Levant (ISIL) in a war zone that now takes in both countries should not be a surprise.
The titular head of Iraq now, Nuri al-Maliki, is watching it all unravel in real-time. He has become scared enough to call for U.S. airstrikes to protect his power. It is highly unlikely that the U.S. will comply, though covert strikes and some level of Special Forces action may happen behind the scenes. That won’t work of course. What the full weight of the U.S. military could not do over nine years, a few drone killings cannot do. It’s like using a can opener to try and catch fish.
What Might Happen Next
Things are evolving quickly in Iraq, but for now, here are some possible scenarios. The Kurds are the easy ones; they will keep on doing what they have been doing. They will fight back effectively and keep their oil flowing. They’ll see Baghdad’s influence only in the rear-view mirror.
The Sunnis will at least retain de facto control of western Iraq, maybe more. They are unlikely to be set up to govern in any formal way, but may create some sort of informal structure to collect taxes, enforce parts of the law and chase away as many Shias as they can. Violence will continue, sometimes hot and nasty, sometimes low-level score settling.
The Shias are the big variable. Maliki’s army seems in disarray, but if he only needs it to punish the Sunnis with violence it may prove up to that. Baghdad will not “fall.” The city is a Shia bastion now, and the militias will not give up their homes. A lot of blood may be spilled, but Baghdad will remain Shia-controlled and Maliki will remain in charge in some sort of limited way.
The U.S. will almost certainly pour arms and money into Iraq in the same drunken fashion we always have. Special Forces will quietly arrive to train and advise. It’ll be enough to keep Maliki in power but not much more than that. Domestically we’ll have to endure a barrage of “who lost Iraq?” and the Republicans will try and blast away at Obama for not “doing enough.” United States is poised to order an evacuation of the embassy, Fox News reported, but that is unlikely. “Unessential” personnel will be withdrawn, many of those slated to join the embassy out of Washington will be delayed or canceled, but the embarrassment of closing Fort Apache down would be too much for Washington to bear. The U.S. will use airstrike and drones if necessary to protect the embassy so that there will be no Benghazi scenario.
What is Unlikely to Happen
The U.S. will not intervene in any big way, absent protecting the embassy. Obama has cited many times the ending of the U.S. portion of the Iraq war as one of his few foreign policy successes and he won’t throw that under the bus. The U.S. backed off from significant involvement in Syria, and has all but ignored Libya following Benghazi, and that won’t change.
The U.S. must also be aware that intervening to save Maliki puts us on the same side in this mess as the Iranians.
Almost none of this has to do with al Qaeda or international terrorism, though those forces always profit from chaos.
The Turks may continue to snipe at the Kurds on their disputed border, but that conflict won’t turn hot. The U.S. will keep the pressure on to prevent that, and everyone benefits if the oil continues to flow.
The Iranians will not intervene any more than the Americans might. A little help to Malaki here (there are reports of Iranian Revolutionary Guard in the fighting), some weapons there, but Iran is only interested in a secure western border and the Sunni Surge should not threaten that significantly enough to require a response. Iran also has no interest in giving the U.S. an excuse to fuss around in the area. A mild level of chaos in Iraq suits Iran’s needs just fine for now.
There are still many fools at loose in the castle. Here’s what Fawaz Gerges of the London School of Economics said: “There is hope… that this really scary, dangerous moment will serve as a catalyst to bring Iraqis together, to begin the process of reconciliation.”
Brett McGurk, the State Department’s point man on Iraq, brought out a tired trope, on Twitter no less: “The U.S. has a permanent Strategic Framework Agreement with Iraq. We have suffered and bled together, and we will help in time of crisis.”
The war in Iraq was lost as it started. There was no way for America to win it given all of the above, whether the troops stayed forever or not. The forces bubbling inside Iraq might have been contained a bit, or a bit longer, but that’s about all that could have been expected. Much of the general chaos throughout the Middle East now is related to the U.S. invasion of Iraq and how that upset multiple balances of power and uneasy relationships. The Iraq war will be seen as one of the most significant foreign policy failures of recent American history. That too is inevitable.
Copyright © 2014. All rights reserved. The views expressed here are solely those of the author(s) in their private capacity. Follow me on Twitter!
Every media person knows to ensure maximum coverage for a story you put it out at the beginning of the week. That gives pundits five days on the job to comment and amplify it. Conversely, if you are compelled to release information that you’d like to not get that kind of play, dumping it on a Sunday is as good as anything else.
So when you’re the president and you’ve just made another of those tough calls (bin Laden raid!) that risked American lives, in this case, to bring “one of our own” home from a foreign battlefield, it’s kind of odd that the news comes out as it did recently about the “rescue” of Army Sergeant Bowe Bergdahl from years of Taliban captivity. Where are the tense you-are-there photos of Obama in the Situation Room like with bin Laden? The info-graphics of the high-tech gear our brave Special Forces used in the op? The leaked stories about how agonizing it all was for the president?
It was almost as if Obama was ashamed of what he did. Likely, he is. And it’s all because of Guantanamo.
Bowe Bergdahl and the Taliban
It remains very unclear how Bowe Bergdahl ended up with the Taliban. There are clear suggestions that he willfully left his own unit. Without surprise, Fox News has the inside story from “senior Pentagon officials” laying out that case. Some soldiers in his former unit straight-out called him a deserter who aided the enemy and put American lives in danger. Maybe yes, maybe no, but definitely not the issue.
One way or another, the United States owes its service members the ride home. They may face military court, or simply return to their lives, but leaving anyone behind is not right. But questions over Bergdahl’s motivations and actions are not what embarrases Obama.
Back to Guantanamo
The process that led to Bowe Bergdahl’s heading home is where we need to focus, and it points right back at the scab of Guantanamo.
Since Day One of his presidency, and often repeated over the last six years, Obama said he wants to close Guantanamo. He should. Gitmo is an ugly stain, an off-shore penal colony where America daily commits violations of international standards once done only by its scummiest enemies. Gitmo’s existence is a powerful recruiting tool for bad guys everywhere, living proof that what they say about America is true. One only need look at the limited pictures available, or read the dribs and drabs of information that come out. Guantanamo proves we are our own worst enemy, and theirs.
So close it already. Wait– Obama says he’d love to, but for a couple of problems. The two primary ones, the president has often said, are that some/many/a few of the people held there are hardened terrorists. They can’t be released without some assurance they will not return to the battlefield, and that’s damned hard to find.
The second thing Obama just can’t get around is Congress, whom he keeps saying has tied his hands on this.
Bad Boys: What’re You Gonna Do?
The thing is that all those “reasons” were tossed aside pretty casually this weekend to get Bowe Bergdahl home. Five Taliban prisoners at Gitmo, among the worst of the worst (the U.S. government previously called one of them “one of the most significant former Taliban leaders detained”), suddenly got approved for a flight out. Those hard-to-find assurances that the baddies would not return to the fight were rubber-stamped by the Emir of Qatar. The ever-supportive Susan Rice piped up with the details: “…The Taliban prisoners [are] being monitored and kept in a secure way in Qatar.” The assurances include a one-year travel ban out of Qatar. Right. So that’s sorted.
Obama added “The Qatari government has given us assurances that it will put in place measures to protect our national security.” The assurances are apparently recorded in a memorandum of understanding between the U.S. and Qatar, a copy of which Obama declined to release.
There was not even much discussion over releasing the five. The process for getting there was rushed, according to U.S. intelligence officials. This time around there was no formal intelligence assessment for example of the risks posed by releasing the Taliban commanders. While some intelligence analysts looked at the issue, no community-wide intelligence assessment was produced.
And About That Congress Thing
As for Congress tying his hands, Obama was referring to statutory restrictions on the transfer of detainees from Guantanamo Bay. The statutes say the Secretary of Defense must determine that a transfer is in the interest of national security, that steps have been taken to substantially mitigate a future threat by a released detainee, and require the secretary notify Congress 30 days before any transfer.
Secretary of Defense Chuck Hagel stated unambiguously he did not notify Congress. At all. Just didn’t.
Administration officials explained when Obama signed the bill containing the latest version of the Gitmo transfer restrictions into law, he issued a signing statement claiming that he could lawfully override them under his executive powers. Signing statements were made popular during the Bush-Cheney years, and are essentially a fuzzy addendum that even though the president is signing a bill into law to avoid a veto fight, he just may not follow the actual law he just signed if he does not wish to.
Another “administration official” added the circumstances of a fast-moving exchange deal made it appropriate to act outside the statutory framework for transfers, even though that statutory framework for transfers does not provide for any such circumstances.
A funny thing is that just five days ago, Hagel was asked about the release of some other prisoners out of Guantanamo. Uruguay had agreed to accept them, but Hagel was not sure:
Hagel said he was taking his time in reaching a decision about six detainees Obama had discussed with Uruguayan President Jose Mujica, as well as other detainees, in order to be sure that releasing them was the responsible thing to do. “I’ll be making some decisions on those specific individuals here fairly soon,” he told reporters.
Hagel said the U.S. Congress had assigned him the responsibility of notifying it of a decision to release detainees.
“My name goes on that document. That’s a big responsibility,” he said. “I have a system that I have developed, put in place, to look at every element, first of all complying with the law, risks, mitigation of risk. Does it hit the thresholds of the legalities required? Can I ensure compliance with all those requirements? There is a risk in everything… I suspect I will never get a 100-percent deal.”
What a difference a few days can make, right Chuck Hagel?
It is time. The Bowe Bergdahl episode proved that Obama can close Guantanamo, and he can do it quickly. Assurances of America’s safety, even from nasty Taliban leaders, require just a stroke of a pen from characters like the Emir of Qatar. Hands tied by Congress? Obama just went ahead anyway and is sitting back watching Congress fume. That whole business about not negotiating with terrorists? Um, not anymore. The fact that Bergdahl was held in ally Pakistan for five years, just like they harbored bin Laden? Whatever. People the U.S. captures are not POWs under the Geneva Conventions but we still do prisoner swaps? It’s complicated. Swapping prisoners 5 for 1? No problem.
There is nothing stopping Obama from closing Guantanamo now except Obama.
Mr. President, how about this? There are now some 143 human beings still being held in Guantanamo. Next prisoner swap that comes up, why not trade 143 for 1 and kill two birds with one stone?
BONUS: Susan Rice told CNN, when asked whether this meant that the United States could no longer claim that it does not negotiate with terrorists, that she “wouldn’t put it that way.”
Rice also opined that Bergdahl “served with distinction,” despite significant evidence to the contrary.
“We didn’t negotiate with terrorists,” Hagel said in an interview on NBC. Since the negotiations were handled mostly by Qatar, the United States did not negotiate directly with the Taliban. The administration’s announcement of Bergdahl’s release said only that negotiations began several weeks ago through the government of Qatar, and there was no indication of any direct contact between the United States and the Taliban.
BONUS BONUS: Chuck Hagel, I’ve met you, and we all know your personal story. When you were a Senator, you and your staff went out of the way to do the right thing. I saw it. You had balls. So how do you live with yourself nowadays?
U.S. Secretary of State John Kerry, who at this point has all the credibility of a minor Kardashian just out of rehab, somehow was allowed on national television to say this:
If Mr. Snowden wants to come back to the United States, we’ll have him on a flight today. [He] should stand up in the United States and make his case to the American people… A patriot would not run away… Let him come back and make his case. If he cares so much about America and he believes in America, he should trust the American system of justice.
A near-complete failure as Secretary of State (if you are not sure, read this), Kerry is apparently relegated within the Obama administration to the role of mumbling bully-boy statements, faux-machismo rantings whose intended audience and purpose are very, very unclear. Did Kerry think he might persuade Snowden to take up the challenge and fly back to the U.S.? Maybe meet Kerry in the Octagon mano-a-mano? No, Kerry sounded much more like Grandpa Simpson than America’s Senior Diplomat.
And Kerry should know better. He once, perhaps briefly, was also brave enough to act on conscience.
Kerry’s Fall from Courage
In the 1960s, Kennedy-esque, Kerry went from Yale to Vietnam to fight in what he came to see as a lost war. He became one of the more poignant voices raised in protest by antiwar veterans. He threw away his medals, no doubt causing some pundit of the day to claim he had harmed America in the eyes of its enemies, perhaps disgraced his fellow service members. Four decades after his Vietnam experience, he has achieved what will undoubtedly be the highest post of his lifetime: secretary of state. What does he do from that peak? Make fun of Edward Snowden.
(I’ll keep the focus on Kerry here, but is important to mention that the things said about Snowden are the same old lazy, sad tropes said about whistleblowers since Dan Ellsberg. They should face justice. They harmed America (never any specifics on that one) and so forth.)
Make His Case to the American People?
Having watched Manning, Snowden (and Kerry if he’d admit it) knows what he could expect from American justice.
Trials under the Espionage Act, which the U.S. says is how Snowden will be charged, quite specifically prohibit discussion of anything except proof or rebuttal that the accused did leak classified information. A jury is not allowed to rule on, or even hear about, motive and intent.
John Kiriakou, the former CIA officer who was the first to go on-the-record with the media about waterboarding, pled guilty in his Espionage Act case last year partially because a judge ruled he couldn’t tell the jury about his lack of intent to harm the United States. In the case of State Department official Stephen Kim, the judge ruled the prosecution “need not show that the information he allegedly leaked could damage U.S. national security or benefit a foreign power, even potentially.” In the Espionage Act case against NSA whistleblower Thomas Drake, the government filed motions to make sure the words “whistleblowing” or “overclassification” would never be uttered at trial. In Chelsea Manning’s trial, Manning’s defense wanted to argue she intended to inform the public, that the military was afflicted with a deep and unnecessary addiction to overclassification, and that the government’s own internal assessments showed she caused no real damage to U.S. interests. All this information was ruled inadmissible.
A SuperMax cell is not a very good bully pulpit.
Kerry is either lying, or his hopelessly ignorant.
John Kerry, here’s a deal Snowden might accept: When the Department of Justice agrees to charge James Clapper, national director of intelligence, for lying under oath to Congress about the surveillance of Americans, Snowden will know American justice is fair and equally applied, and come home for a trial. Better yet Kerry, promise that both trials will be televised live with no sealed documents or secret sessions. Deal?
As for any sort of a fair trial, John Kerry claimed in the past “People may die as a consequence to what this man [Snowden] did. It is possible that the United States would be attacked because terrorists may now know how to protect themselves in some way or another that they didn’t know before.”
Despite the fact that none of that has happened in the long year since Snowden’s information has been on the Internet worldwide, it does suggest officers of the United States government such as Kerry have stepped back from the now-quaint notion of innocent until proven guilty.
Patriots Don’t Run
As for Kerry’s remark about patriots not running, the Secretary should check with the Department of State he titularly heads up. He’d learn between 2009-2011 the U.S. granted asylum to 1,222 Russians, 9,493 Chinese, and 22 Ecuadorians, not including family members, among many others from a variety of countries. The U.S. acknowledges these people as patriots, men and women who took a dangerous and principled stand against a government they felt had gone wrong. A double-standard is no standard at all.
Love of Country
As for love of country, which Kerry maintains Snowden does not have until he surrenders himself to American authorities, Snowden took his love of America with him. Unlike whatever topsy-turvy version Kerry might still hold to, love of country does not necessarily mean love for its government, its military, or its intelligence services. Snowden, and Kerry took an oath that stated: “I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same.” He didn’t pledge fealty to the government or a president or party, only — as the Constitution makes clear — to the ultimate source of legitimacy in our nation, The People.
In an interview, Snowden indicated that he held off on making his disclosures for some time, in hopes that Obama might look into the abyss and decide to become the bravest president in our history by reversing the country’s course. Only when Obama’s courage or intelligence failed was it time to become a whistleblower. Snowden risked everything, and gained almost nothing personally, not to betray his country, but to inform it.
John Kerry, love is expressed through one’s actions, not just words. Snowden clearly believes something other, more, deeper, better than himself matters. He has to believe that one courageous act of conscience can change his country. I think once, long ago, John Kerry might have believed that, too.
BONUS: John Kerry, who said patriots don’t run, and that people should face justice, make their case to the American people and trust in the system, is currently running away from a Congressional subpoena because he doesn’t want to talk about Benghazi.
So, after nine months of ignoring the Snowden revelations, downplaying the the Snowden revelations, not telling the truth about the Snowden revelations, insulting the Snowden revelations, sending members of his administration to lie to Congress about the Snowden revelations and claiming everything the NSA does is legal, righteous and necessary to keep the barbarians outside the gates, Obama is coincidentally now proposing some “reforms” without acknowledging the Snowden revelations. Let’s have a look based on what we know right now.
Starting with a Question
Right away we have a question about these proposals. Almost everything (we know) the NSA has been doing to us was imposed either by Executive Orders (Bush and Obama) not subject to Congressional review or approval, or done under wide, almost farcical interpretations of the Patriot Act (Section 215 especially) not subject to judicial review, or blessed in secret by the secret Foreign Intelligence Surveillance Court (FISA) court not subject to any review. So the question of why Obama’s proposed reforms are being sent to Congress for a vote looms large.
Why doesn’t the president just pull back what he and his predecessor rammed forward? Well, of course we know the answer: politics. If Congress approves, then the president can say that the task is done, the Constitution restored, let’s look forward again and not backward. If Congress does not vote for the reforms or changes them, well, anything from there forward is their fault. Neat. You’ll recall Obama played the same trick, albeit in a somewhat kludgy way, trying to throw the decision to bomb Syria into Congress’ fetid lap last September.
We also have a handy delay built into the proposal. The current spy programs technically expire March 28, but Obama is asking that good old Foreign Intelligence Surveillance Court to renew the program as it exists for at least one more 90-day cycle. So while the reforms are needed according to the president, there’s no real hurry and the NSA can keep on spying on us at least into the summer. With some irony, that additional 90 days brings us quite close to the anniversary of Snowden’s revelations last June.
The Reforms Proposed
Reform 1: The NSA, proposes Obama, would end its systematic collection of data about Americans’ calling habits. Well, sort of. First we all just have to trust that what the NSA has been and would have continued to do in secret if Snowden had slept in will just stop. There’s a whopper of a maybe, especially given that these changes come only after the whole evil mess hit the news. Better yet, just because the NSA may not collect data, someone else will, because…
Reform 2: The bulk records would stay in the hands of the phone companies, which would not be required to retain the data for any longer than they normally would. So the data still exists, just reshelved. Most phone companies hold such data anyway for 18 months, plenty of time for some leisurely snooping. And just because the phone companies are not required to hold the data longer, that does not mean some government agency which controls their contracts, licenses, technology and all that will not suggest they hang on to it longer. Hey Verizon, just buy a bigger hard drive, they’re cheap these days. Slap a non-disclosure type order on the phone companies and we’ll never know what they keep for how long. Again, this reform requires trusting organizations that lied to us consistently since 2001 until caught red-handed.
Reform 3: The NSA could only obtain specific records with permission from a judge. I think we all can see through this one like it was as sheer as a Miley Cyrus costume. Likely enter the handy FISA court again, which has a long record of rubber stamping government requests, no doubt in no small part because only the government is allowed to speak to the court (in its entire history, the FISA court denied just 11 of the more than 33,900 surveillance requests put to it.)
In addition, it is unclear what level of detail and introspection the court could apply to what no doubt will be hundreds of thousands of new requests, most of which will no doubt be marked as urgent in response to the endless parade of “imminent threats” only the NSA sees.
Sub-Reform: Obama will ask Congress to convene a panel of public advocates to represent “consumers” before the FISA court. Are Citizens now just “consumers” as far as the government is concerned?
The members of this panel, to be drawn from civil liberties, technology and privacy advocates, will be given security clearances and other benefits. Their job will be to represent Americans, but only when the FISA court faces “novel issues of law.” Left open is who these people will be, who will pay them, who will choose them, and how aggressive the government will be in using the security clearance process to keep true advocates away from the court. Who and how “novel issues of law” will be determined is another question. What rights these advocates will have to see government data is unclear. And of course everything will be secret.
Back to the court orders themselves. These court orders are lined up to be another forward-looking thing: once a phone company starts providing call data on an individual, they would be required, on a continuing basis, to feed the NSA data about any new calls placed or received after the order is received. For how long? Not mentioned in the proposal. Better classify that time period or you’ll alert the terrorists when they can start talking freely again. The court orders would also automatically give the NSA related records for callers up to two phone calls, or “hops,” removed from the number that has come under suspicion. So if they look at your records, they are also allowed to look at the doctor you call and the journalist you call.
Worse yet is the way math works with that two-hop rule. One writer has speculated that if one of those hops includes a popular take-out pizza joint, that hop will automatically link the NSA to a very, very large number of people. Other data suggests a typical two-hops set of links will pull in over 8,000 people. Reconfigure your two-hops to restart with one of those 8,000 and so forth until the set of permissible monitoring grows geometrically.
The only category of people Obama has specifically exempted from surveillance is allied foreign leaders. He has not extended any exemptions to American citizens.
The reform proposals seem specific only to bulk phone records collected by the NSA under Section 215 of the Patriot Act. They do not appear to apply to any other collections by the NSA (email, Skype, chat, GPS, texts, and so on and on), or any other federal or state agency, or to any programs in place today that we are not aware of or which may be created in the future, perhaps in response to the reforms.
This omission is significant; The Guardian reports the NSA collects each day more than five million missed-call alerts, for use in contact-chaining analysis (working out someone’s social network from who they contact and when), details of 1.6 million border crossings a day, from network roaming alerts, more than 110,000 names, from electronic business cards, which also included the ability to extract and save images and over 800,000 financial transactions, either through text-to-text payments or linking credit cards to phone users. NSA also extracted geolocation data from more than 76,000 text messages a day, including from “requests by people for route info” and “setting up meetings.” Other travel information was obtained from itinerary texts sent by travel companies, even including cancellations and delays to travel plans.
The Obama reforms do not even mention surveillance of Internet communications internationally under Section 702 of the FISA Amendments Act; and surveillance of communications overseas under Executive Order 12333.
The reforms do not mention pulling back the NSA’s ongoing efforts to weaken overall internet security, such a demanding companies provide them with backdoors to bypass encryption.
The reforms leave the door open. Obama’s proposal includes a provision asking Congress to validate that Section 215 of the Patriot Act may in the future be legitimately interpreted as allowing bulk data collection of telephone data.
The reforms leave in place far too many secret court actions and loopholes.
The reforms will be changed in the Congressional process and are likely to be further weakened by frightened representatives terrified of being blamed for the next act of terror (or by fear of losing votes for appearing “weak.”)
The reforms, even if enacted exactly as proposed or even slightly strengthened, only alter the security state in some minor and superficial ways. Our Fourth Amendment rights against unwarranted search and seizure remain jackbooted.
Some might even say the reforms are not reforms at all, but just some pretty words like “Hope” and “Change” that a smart politician might toss off to appear to be listening to his People without doing anything of substance.
While the unfolding Constitutional crisis over the CIA’s spying on Senate staffers reviewing the torture program continues, all media accounts are quick to add to their articles a variant of the phrase that “Obama discontinued the enhanced interrogation programs soon after coming into office.”
That is not true.
Force-Feeding at Guantanamo
Imad Abdullah Hassan has spent twelve years in Guantanamo in a cage without ever being charged with anything. A judge cleared Hassan for release, finding there was not enough incriminating evidence to justify keeping him imprisoned. Hassan’s clearance came in 2009, yet he remains at America’s off-shore penal colony without explanation or hope of release. He went on a hunger strike in protest (the U.S. military refers to it as a “long-term non-religious fast”), and is being force-fed.
Hassan is now suing the president of the United States, claiming the conditions under which he is being force-fed at Guantanamo are torture. The lawsuit Hassan filed describes his treatment:
– Prisoners are strapped to a hospital bed or special restraint chair for feeding.
– Large tubes are used, and they cause undue pain when forced into the nostrils of the prisoners. Hassan was originally force-fed with a Number 8 gauge tube, later increased to a Number 14 that barely fit as it was pushed through his nostril into his stomach.
– A funnel was used to channel large amounts of liquid into the tube to feed him faster.
– So much liquid was forced through that the second time Hassan underwent this procedure, he lost consciousness and spent two days in critical condition.
– Prisoners were force-fed drugs causing them to defecate on themselves as they sat in the chair being fed. “People with hemorrhoids would leave blood on the chair and the linens would not always be changed before the next feeding,” said Hassan in the lawsuit.
– Prisoners would be be strapped down on top of others’ stool and blood for up to two hours at a time.
– Hassan was at times forcibly sedated so he could be force-fed more easily.
– If Hassan vomited on himself at any time during the procedure, the force-feeding would restart from the beginning.
– Guards took Hassan and two others to another prison block so that others would see what was being done to them, as a deterrent.
– Air-conditioning was sometimes turned up and detainees were deprived of a blanket. This was particularly difficult for the hunger strikers, as they felt the cold more than someone who was eating.
– Guards would bang hunger-striking prisoners’ cells every five minutes day and night to prevent sleep.
– The force-feeding procedures described in the lawsuit were done twice a day, every day, on prisoners.
– Even after Hassan broke down at one point and began eating again, he continued to be force-fed anyway.
– Hassan’s recorded weight fell from 119 pounds to 78 pounds. The military, in its force-feeding manual, states “Patients with weight loss can be expected in any detained population.” The manual advises “When detainees are weighed… wearing shackles or other restrictive devices, the weight of those devices will be subtracted from the measured weight.”
– Hassan has been force-fed in this manner for eight years.
Why Doesn’t He Just Eat?
At this point some will be asking: why doesn’t Hassan just eat? That would stop the force-feeding torture.
It is likely Hassan himself has thought about the same question. In my former career working for the Department of State, I was responsible for the welfare of arrested Americans abroad. Many threatened hunger strikes for reasons ranging from superficial to very serious. However, in my 24 years of such work, only one prisoner carried it out for more than a day or two, taking only small sips of water for days. His captors, one of America’s allies in Asia, choose to not force-feed him, stating due to the nature of his political crime that they’d prefer to see him die.
I watched the man deteriorate before my eyes, starving to death in real-time. It requires extraordinary will and strength to do that, pushing back against all of evolution and biology screaming inside your head to just eat. Close to death, the man choose to stay alive and eat for the sake of his family. It is no casual decision to do what Hassan is doing. Something very important must be at stake for a man to do what Hassan has done.
For eight years.
And of course Hassan was still force-fed at one point when he did start eating. Imprisoned wrongly in the first place, and cleared to leave Gitmo for the last five years but still locked up, Hassan is worthy of protesting his incarceration via the only means available to him. He also understands that the force-feeding is not about keeping him alive per se, but about forcing him and others to comply with his jailers.
Dr. Mengele at Gitmo
The procedures at Guantanamo (as well as at the CIA Black Sites) are performed by or supervised by U.S. military and CIA doctors who, though they had taken the Hippocratic Oath to do no harm to a patient, do anyway.
The Institute on Medicine as a Profession (IMAP) issued a lengthy study on the abandonment of millennia-old medical ethics in the post-9/11 U.S. torture programs. IMAP is a respected source of ethical comment; its board members include physicians from Columbia University, Harvard, the University of Toronto, Johns Hopkins, Boston University and a number of other prominent hospitals and medical research facilities. These are non-political, dispassionate people whose work has ended up as political under the extraordinary circumstances of our world.
IMAP produced a report entitled Ethics Abandoned: Medical Professionalism and Detainee Abuse in the War on Terror, based on two years of review of public records. The report details how military and CIA policies institutionalized a variety of acts by military and intelligence agency doctors and psychologists that breached ethical standards. These include:
– Involvement in abusive interrogation;
– Consulting on conditions of confinement to increase the disorientation and anxiety of detainees;
– Using medical information for interrogation purposes; and
– Force-feeding of hunger strikers.
In addition, IMAP says that military policies and practices impeded the ability to provide detainees with appropriate medical care and to report abuses against detainees under recognized international standards. The report explains how agencies facilitated these practices by adopting rules for military and CIA health personnel that substantially deviate from ethical standards traditionally applied. For example, violations of ethical standards were “excused” by designating health professionals not as doctors, but as “interrogation safety officers,” personnel not bound by any ethics.
The basis of medical ethics, the Hippocratic Oath which says “first, do no harm,” is understood in the real world to come into conflict with the demands on doctors in wartime. Such complicated circumstances have been dealt with, and evolved standards do exist. Here are some from a recognized international body:
Voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, over-reaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision… [procedures] should be so conducted as to avoid all unnecessary physical and mental suffering and injury… proper preparations should be made and adequate facilities provided to protect the experimental subject against even remote possibilities of injury, disability, or death.
These standards were written in 1947 in Nuremberg, Germany, to guide future medical experimentation on human beings held captive. The authors were Americans sitting in judgment of 23 Nazi physicians accused of murder and torture in the concentration camps. Of course many will argue circumstances in Dachau and Guantanamo are different; this is true. The former was run by the Third Reich and the latter by the World’s Indispensable Nation.
It is like I’ve had a bad dream and awoken to remember it all.
As pundits falsely applaud the end of the U.S.’ torture regime following the election of Barack Obama, one should spare a thought for those 154 people still in Guantanamo who still endure America’s pointless wrath. The irony that the same president who said he ended torture also said he would close Guantanamo once in office is noted, but is really not much more than another spot on the white wall we imagine we are as a nation.
Why do we do it? The doctors who conduct the torture are not stupid, especially evil as we traditionally define it, or unaware of the ethics of their profession. They know as well as anyone Hassan is approved for release, and so even any piggish notions of revenge or pay back do not apply. Some of the doctors involved were likely in junior school when 9/11 happened and know about that day the same way they know about Gettysburg or the Battle of the Bulge.
We might also remind ourselves that after their military careers, some of those same young doctors will move among us in private practice, perhaps holding their dark secrets inside, perhaps enjoying them a bit too much in private moments.
I don’t know why they do it. They’ll say, perhaps to themselves in some death-bed moment of desperate remorse, that they were only following orders. One hopes their god is more understanding, because we here have heard that one before.
In an article headlined The U.S. Has Finally Outfoxed Hamid Karzai, the occasionally-respected Fiscal Times explains how for months Afghan President Hamid Karzai has refused to sign a long-term security agreement with the United States, causing mounting frustration within the White House and the Pentagon. Now, according to the Times, “it appears as if President Obama and his advisers have finally outfoxed Karzai, marking the end of a long and tumultuous relationship.” The Times:
The White House and DOD have decided not to make any agreement until after April’s presidential elections in which Karzai is not expected to be a candidate. They’ll only make a deal with Karzai’s successor.
“If he’s not going to be part of the solution, we have to have a way to get past him,” a senior U.S. official said of the elected leader. “It’s a pragmatic recognition that clearly Karzai may not sign the (deal) and that he doesn’t represent the voice of the Afghan people.”
By way of perspective, the U.S. has previously outfoxed Karzai by handing him fantastic amounts of unmarked cash and creating a massive, corrupt system in Afghanistan that bleeds the U.S. taxpayer while feeding even more money to Karzai and his family.
(None of the above is satire. It is true. Here’s the satire part.)
Karzai, however, is a sly old fox himself and is thus not easily outfoxed. Unbeknownst to U.S. authorities as the NSA was preoccupied with Beyonce’s selfies folder, Karzai has moved to Washington DC. While the Old Grey Fox first was just using the money he stole from the U.S. to buy up real estate (“giving back”), these days Karzai is shipping hundreds of his relatives, friends and his favorite hired gunmen into the DC suburbs.
“It’s freaking dangerous in Afghanistan, and you crazy Americans want to keep the war going forever,” Karzai exclusively told this blog, “I’ve got ‘graveyard of empires’ printed right on my wallet so its not like the Ambassador doesn’t see it every time we meet, but that dude is crazy. ‘We don’t want another Vietnam, er, Iraq,’ he says. I guess his solution is that as long as the U.S. keeps killing Afghans they can say it’s not over and they haven’t lost. So anyway, who wants to be a part of all that? I’ll just pack up in April and let the next jerk to do this job sort it out. I still can’t figure out why the Taliban want this dump anyway.”
“Despite all that, I still like the Ambassador personally. Funny guy. He once gave me a stack of Benjamins just to “like” the embassy Facebook page. Sometimes when the Ambo and I are just kicking back with a few 40′s he talks about the U.S. not wanting to lose the gains they’ve made over the last decade in this rat hole. I always end up with beer spraying out my nose when he says that. I mean, look out the window– that goat cost you Americans 75 billion dollars.”
Karzai did get reflective at the end of the interview, remembering his first cash bribe from a then-junior CIA officer. “That guy is now running their whole op here,” said the president. “Twelve years goes by. They just grow up so fast.”
“Anyway, I’m out of here. Somebody tell the U.S. Army ‘last man to die for a bad idea, turn off the light when you leave.’ That’s the expression you guys use in English, yes?” By the way, what do you think about BitCoin as an investment? I’m fat with cash right now and how many Rolexes do you really need?”
Bottom Line Up Front: The details of Obama’s most recent speech about “changes” to the NSA’s surveillance practices reveal that sadly little of substance will change. A few cosmetic touchups, some nice words, issues tossed into the pit of Congress to fade away in partisan rancor, and high hopes that the issue will slip away from the public eye as “fixed.” Not word one about how absent Edward Snowden’s historic disclosures the president would not even be offering this lip service, happy to allow the tumor of spying to continue to grow in secret as he had done for the last six years of his presidency.
But let’s get specific.
Obama announced that the U.S. will no longer electronically surveil allied, friendly, heads of state. So, Americans, the only documented way to protect yourself from NSA spying is to be chosen as leader of another country. Note that Obama did not specify what he means by allied and friendly (Turkey? Iraq? Brazil?), and he clearly did not outlaw spying on a head of state’s closest advisors, cabinet members, secretaries, code clerks and the like. This is simply a gesture; it is unlikely that any of German head of state Andrea Merkel’s cell phone conversations revealed much terrorist information anyway. Worldwide reaction, the audience to which this was aimed, has been tepid and unconvinced.
The secret Foreign Intelligence and Surveillance Court (FISA) will need to grant the NSA permission to search the phone records metadata database. Most significant here is that the NSA will continue to compile the database itself. Use of the FISA court remains just the illusion of a check and balance, because either the government is very good at making its case, or the court has become a rubber stamp: that secret FISA court approved all 1,789 requests submitted to it in 2012. Of key importance is the question of what constitutes a “search” and a “record.” FISA decisions and Department of Justice internal legal briefs dramatically broadened the definitions of those words such that a “record” may now consist of every piece of data collected by say, Verizon. It is very, very unclear that this change announced by Obama will have any real-world positive impact on protecting Americans’ privacy.
Obama also announced that the NSA will face new limits on how far from a target it can search into the metadata. Currently the NSA traces “three hops” from a target: A knows B, C, and D. But once C morphs into a target, C’s three hops mean the NSA can poke into E, F, and G, and so forth. Obama wishes to limit this to two hops, A knows B and C. This is again a false palliative; if a “target” has fifty friends, the two hops rule authorizes access to a total of 8,170 additional people. And there is nothing to stop the NSA from redesignating any of them as a new target and thus allowing the math to expand the two hops rule indefinitely.
Changes Thrown into Congress
These are for all intents and purposes just throwaways. Obama knows as well as anyone that a hyper-partisan Congress, already divided on what if anything should be done with the NSA, heading into elections, will never act on these issues. Obama can take the high road and deflect any criticism from his progressive base by pointing a finger at Congress. Democrats can blame Republicans and vice-versa, so everyone wins in the calculus of Washington.
For the record, even Obama’s Congressional changes are limp. Having private companies instead of the NSA hold data for the NSA to search? What kind of practical change would result from that? A public advocate in the FISA court? A possible, but how many, what staff and resources, what actual role would they play, under what rules of disclosure by the government would they function? The adversarial judicial process that otherwise fuels our legal system, prosecutors and defense attorneys, rules to compel disclosure, cross examination and so forth would not exist as new FISA-only “advocate” rules are created in a pseudo-parallel system. And since the whole process would remain highly-classified, no one outside the government would ever know if such advocates indeed played any role in protecting our privacy.
The last change Obama threw to Congress concerned some form of privacy protections for foreigners. Again, this is just a sop to our “allies and friends” abroad. A Congress that apparently cares little about the privacy of Americans will never pass privacy protections for foreigners.
Changes Not Mentioned at All
What was not even mentioned by Obama is sadly the largest category of all. The list could fill dozens of pages, but the use of National Security Letters without judicial oversight is one of the most significant omissions. In 2012 the FBI used 15,229 National Security Letters to gather information on Americans. In addition, not a word was mentioned about pulling back the NSA’s breaking into the Internet backbone, accessing the key Google, Yahoo, Microsoft servers, the NSA use of malware to spy on computers, the NSA’s exploitation of software bugs, the NSA’s efforts to weaken encryption that puts our data at risk to ease the burden on the Agency of decoding things, the use of offensive cyberattacks, indiscriminate gathering of data in general contrary to the Fourth Amendment’s prohibition against General Warrants and on and on and on and on, at least until the next revelations from Edward Snowden reveal even more NSA tricks being played on innocent Americans.
But the mother of all omissions from the Obama speech is this one: there is no proof that all of the spying and surveillance, at the sake of our basic Constitutional rights, has resulted in the purported aim of keeping us safe. The White House’s own review panel on NSA surveillance said they discovered no evidence that the bulk collection of telephone call records thwarted any terrorist attacks.
And there Mr. President is the real change needed. A massive, frighteningly expensive program that does much harm and no good does not need tweaking. It needs to be ended.
“Who the hell are you?”
“Why Barack, I’m the Christmas Ghost of Presidential Legacies Past. I visit second-term presidents to help them map out their foreign policy legacy.”
“Dude, Christmas was last week. It’s 2014, the New Year.”
“Yeah, sorry, traffic was bad, and I lost most of a day trying to sign up for healthcare.”
“I’m calling the Secret Service. Get out of my bedroom!”
“No need Mr. President. No one can see me but you. I’m here to talk about the future, about America overseas, so you can achieve your place in history. I am here to help guide you.”
“You do this for all presidents? What happened with Bush, then?”
“That was unfortunate. It turned out Karl Rove had been a hyena in a previous life and could somehow still smell me, so I got chased out. And see how it ended up for Bush? His legacy is fear of overseas travel, wondering how far the Hague’s reach really is.”
“OK Spirit, what do you want from me?”
“Barack, you were elected the first time on the promise of hope and change. You got reelected mostly by not being Mitt Romney. You need to reclaim the original mantel. You need to be bold in foreign affairs and leave America positioned for this new world. You won the election by not being the candidate from the 1950s. Now, you need to establish a foreign policy for an America of 2014 instead of 2001.”
“What do you mean, Spirit?”
“Stop searching for demons. Let’s start with the Middle East. You inherited a mess in Iraq and Afghanistan, certainly, thanks to Rove and his canine sense of smell, but what did you do with it?”
“I ended the war in Iraq.”
“No, you agreed not to push back when the Iraqis threw the troops out in 2010. The war continues there, just without us, fought in little ugly flare-ups among Iranian proxies. But that’s spilled milk. What you need to do is reclaim your State Department from what is now a lost cause.”
“What do you mean?”
“Much like the way Vietnam destroyed the army, Iraq and Afghanistan gravely wounded your State Department. Why does America still maintain its largest embassy in a place like Baghdad? That massive hollow structure sucks money and, more importantly, personnel, from your limited diplomatic establishment. Scale it back to the mid-size level the situation there really requires, and move those personnel resources to places America badly needs diplomacy. As a bonus, you’ll remove a scab. That big embassy is seen throughout the Middle East as a symbol of hubris, a monument to folly. Show them better — repurpose most of it into a new university or an international conference center and signal a new beginning.”
“You mentioned Iranian influence in Iraq, so yeah, thanks, George Bush, for that little gift. I have the Israelis up my back looking for a war, and it seems every day another thing threatens to spark off a fight with the Iranians.”
“Iran can be your finest achievement. Nixon went to China, remember.”
“You know Spirit, you actually look a little like Henry Kissinger in this light.”
“Yeah, I get that a lot. Coincidences, right? Barack, you can start the process of rebalancing the Middle East. Too many genies have slipped out of the bottle to put things back where they were and, like it or not, your predecessor casually, ignorantly allowed Iran to reclaim its place as a regional power. Let’s deal with it. Don’t paint yourself into a corner over the nukes. You know as well as I do that there are many countries who are threshold nuclear powers, able to make the jump anytime from lab rats to bomb holders. You also know that Israel has had the bomb for a long time and, despite that, despite the Arab hatred of Israel and despite the never-ending aggressive stance of Israel, their nukes have not created a Middle East arms race. Yet. Keep talking to the Iranians. Follow the China model (they had nukes, too) and set up the diplomatic machinery, create some fluid back channels, maybe try a cultural exchange or two. They don’t play ping-pong over there, but they are damn good at chess. Feel your way forward. Bring the Brits and the Canadians along with you. Give the good guys in Tehran something to work with, something to go to their bosses with.”
“But they’ll keep heading toward nuclear weapons.”
“That may be true. America’s regular chest-thumping in the Middle East has created an unstoppable desire for Iran to arm itself. They watched very, very closely how the North Koreans insulated themselves with a nuke. The world let that happen and guess what? Even George W. stopped talking about North Korea and the stupid Axis of Evil. And guess what again? No war, and no nuclear arms race in Asia. Gaddafi went the opposite route, and look what happened to him, sodomized while your then-Secretary of State laughed about it on TV.”
“But what about sanctions?”
“Real change in Iran, like anywhere, is going to have to come from within. Think China again. With prosperity comes a desire by the newly-rich to enjoy their money. They start to demand better education, more opportunities and a future for their kids. A repressive government with half a brain yields to those demands for its own survival and before you know it, you’ve got iPads and McDonalds happening. Are you going to go to war with China? Of course not. We’re trading partners, and we have shared interests in regional stability in Asia that benefit us both despite the occasional saber-rattling around elections. Sure, there will always be friction, but it has been and can be managed. We did it, with some rough spots, in the Mediterranean with the Soviets and we can do it in the Gulf, what President Kennedy called during the Cold War the “precarious rules of the status quo.” I don’t think this will result in a triumphant state visit to Tehran, but get the game started. Defuse the situation, offer to bring Iran into the world system, and see if they don’t follow.”
“I can’t let them go nuclear.”
“Well, I don’t know if you can stop it without exploding the entire region, and focusing just on that binary black and white blocks off too many other, better options. Look, they and a whole bunch of other places can weaponize faster than you can stop them. What you need to do is work at their need to weaponize, pick away at the software if you will, the reasons they feel they need to have nukes, instead of just trying to muck up the hardware. Use all the tools in the toolbox, Barack.”
“But they’re Islamos.”
“Whatever you want to call it. Islam is a powerful force in the Middle East and it is not going away. Your attempts, and those of your predecessor, to try and create ‘good’ governments failed. Look at the hash in Syria, Libya and, of course, Iraq. You need to find a real-politick with Islamic governments. Look past the rhetoric and ideology and start talking. Otherwise you’ll end up just like the U.S. did all over Latin America, throwing in with thugs simply because they mouthed pro-American platitudes. Not a legacy move, Barry. It will feel odd at first, but the new world order has created a state for states that are not a puppets of the U.S., and not always an ally, but typically someone we can deal with, work with, maybe even influence occasionally. That’s diplomacy, and therein lies your chance at legacy. Demilitarize your foreign policy. Redeploy your diplomats from being political hostages in Baghdad and Kabul and put them to work all over the Middle East.”
“Sure Spirit, nothing to it. Anything else you want me to do before breakfast?”
“Hey, you asked for the job — twice — not me.”
“Spirit, sorry to go off topic, but is that an 8-track tape player you’re carrying around?”
“Hah, good eye Barack. KC and the Sunshine Band, Greatest Hits. Things work oddly in the spirit world and one of the quirks is that unloved electronics from Christmas’ past migrate to us. Here, look at my cell phone, big as a shoebox, with a retractable antenna. I still play games on an old Atari. We got Zunes and Blackberries piled up like snow drifts over there. But back to business.”
“What else, Spirit?”
“As a ghost, I’m used to taking the long view of things. I know better than most that memory lasts longer than aspiration, that history influences the future. You have it now in your power to finally amend an ugly sore, America’s dark legacy of the war of terror. Guantanamo. You realize that every day that place stays open it helps radicalize dozens of young men for every one you hold in prison. Demand your intel agencies give you a straight-up accounting on who is locked away there. For the very few that probably really are as horrible as we’d like to believe, designate them something or the other and lock them away in an existing Federal Super Max. Just do it, override Congress and take the heat. Heck, you’re not very popular even among your former supporters anymore, so why not go for a win for the base. Turn the others in Gitmo over to the UN or the Red Cross for resettlement. It is an ugly deal, but it is an ugly problem. Close the place down early in 2014 over the first three-day weekend to defuse the media, let the short-term heat burn off and move on.”
“Same thing. Cut your losses. Afghanistan will be on a slow burn for, well, probably forever no matter how many occupiers you can leave in place. Among other reasons, Pakistan needs it to stay that way. They like a weak but not failed state on their western border and you can manage that. The special ops guys you secretly leave behind can deal with any serious messes. Corruption and internal disagreements mean there will never be a real Afghan nation-state, no matter how badly you want one. The soldier suicides, helicopter accidents and green-on-blue attacks are a horror, and so unnecessary at this late stage of the great game. You are going to accomplish nothing by dragging that corpse of a war around with you for two more years, so cut it off now.”
“Next is drones, right?”
“Yes Barack, next is drones. This is fool’s gold and you bought into it big. You thought it was risk-free, no American lives in danger, always the 500 pound elephant in the room when considering military action. But, to borrow a phrase, look at the collateral damage. First, you have had to further militarize Africa, setting up your main drone base in Djibouti. Like Gitmo, every thug you kill creates more, radicalizes more, gives the bad guys another propaganda lede. Seriously, haven’t you noticed that the more you kill, the more there seem to be to kill? You need more friends for America and fewer people saying they are victims of America. Make your intel people truly pick out the real, real bad guys, the ones who absolutely threaten American lives. Be comfortable in publicly being able to articulate every decision. Don’t be lazy with bringing death. Don’t continue to slide downhill into killing easier and easier just because you have a new technology that falsely seems without risk. Drones are a tool, not a strategy. Seek a realistic form of containment, and stop chasing complete destruction. You need an end game. The risk is there my friend, you just have to pull back and see it in the bigger picture.”
“Bigger picture, eh? That’s what this legacy business is all about, isn’t it? Seeing Iranian nukes not as the problem per se, but as part of a solution set that doesn’t just leave a glowing hole in the ground, but instead fills in things, builds a base for more building.”
“You’re getting it now. And even as domestic politics suffers in gridlock, you have room to do things in foreign policy that will mark history for you. As a second term president, you are freed from a lot of political restraints, just like you told Medvedev you would be.”
“Open mikes, who knew, right? But what about my successor? The party wants me to leave things ready for 2016.”
“Don’t worry about that. I’ve got Springsteen working on new songs for the campaign. Hey, you know anything that rhymes well with ‘Hillary’? Right now we’ve only got ‘pillory’ and ‘distillery.’ Bruce is stuck on that.”
“But look, Spirit, I appreciate the advice and all, but to be honest, all this you propose is a lot of work. It’s complicated, needs to be managed, has a lot of potential for political friction. I could, you know, just stick with things the way they are. Ordering the military to do things is easy, we’ve got an online form for it now where I just select countries to attack from a drop-down list. People seem to have gotten used to a permanent state of low-level warfare everywhere, drone killings, the occasional boil flaring up like Benghazi. It wasn’t a serious election issue at all. Why should I bother?”
“Well, among other things Barack, you’ve got two very sweet, wonderful reasons sleeping just down the hallway. It is all about their future, maybe even more than yours.”
Obama, the president of the United States, Commander-in-Chief and self-proclaimed leader of the free world, says he did not know about his own government’s spying on multiple allied world leaders until quite recently. This means that Obama learned of this amazing thing same as we did, basically via Edward Snowden’s whistleblowing.
We’ll take a moment on behalf of the president to say:
“Thanks” Edward for bringing this to my attention. It appears that not all of our allied world leaders have been pleased to learn that my government has been (maybe still is? I gotta check Buzzfeed) spying on them, right down to the level of sitting in on Chancellor Merkel’s personal cell phone chats. Since these revelations affect the foreign standing and policy of the United States globally, I guess Edward I have to say I am grateful you let me know about this all. Hope Moscow is treating you well. Say hi to Julian for me!
Well, well, about that Mr. President who-don’t-know-nuthin’, there are two possible ways this can go:
1) Obama really did not know the NSA was spying on world leaders he called friends. This would mean that the NSA and who knows who else inside the government has gone rogue, taking actions independently that threaten the very allied relations the US depends upon to facilitate trade and commerce, build coalitions to support American aims and otherwise deal with a complex, multi-polar world. As such, the NSA has committed the essential elements of treason, aiding foreign powers and damaging the credibility and security of the United States. Obama should thus immediately fire the top several layers of NSA leadership, and appoint an independent prosecutor to look into charges against them.
Oops– instead of firing anyone, Obama spokesperson Jay “Goebbels was an Amateur” Carney cheered the American public by saying that “the president has full confidence in General Keith Alexander and the leadership at the NSA.”
2) That leaves only the conclusion that Obama lied. He lied straight into the eyes of the American people, ever gullible, even as those spied-upon world leaders rolled their own eyes in disbelief that the self-proclaimed World’s Most Powerful Man could not come up with a better excuse than total and complete ignorance.
We Must Protect America (from Spiders!)
On the subject of lies, the only justification the White House has offered on why it is necessary to conduct all this espionage is that it is necessary to protect America from terrorists. This is indeed important– a recent poll showed that among Americans’ deepest fears, Number One is Death, Number Two is Spiders and Terrorism is Third. Roll them up into terrorist spiders that can kill you and it is one scary image. So Obama is right to want to protect Americans from terrorist spiders.
The problem is that it is quite unclear how listening in on Merkel’s cell phone might in any way contribute to the fight to protect Americans against terrorists. Is Merkel a terrorist herself, a super sleeper agent spending years working her way into the seat of power of Europe’s leading economy? Does Merkel butt dial terrorists? Does she reveal inside dope on terrorists only on her cell phone calls home asking what’s for dinner?
Information is Power
No, no, of course not. Spying on someone like Merkel (or the President of Mexico, et al) has only one purpose: to gather information that can be employed by the United States to coerce, blackmail, threaten or otherwise manipulate.
Oh sure, the NSA might pick up some tidbits about a negotiating position, or whatever, but that info can be gathered elsewhere at much lower risk and with much more ease. Indeed, the CIA and others are out there as we speak offering money and other sweet goodies to code clerks, systems administrators and foreign diplomats to gather that kind of stuff.
The NSA and Obama want to know who sleeps with whom. They want to know who has a mistress, who is in an unhappy marriage, who gossips too much. who drinks too much, who likes to gamble, who visits prostitutes, who takes drugs, who has some weakness or vulnerability that can be quietly, maybe cleverly, exploited. This is a very big thing. Nothing as crude as Obama ringing up the Minister of Silly Walks in France and threatening to send over some incriminating photos like in the old KGB/Stasi days. But how about a quiet word dropped in the right place about a powerful leader with some odd connections to a guy who knows a guy who moves dope across southern Europe?
Information is power, straight as that, and Obama used and will continue to use the NSA to achieve it.
Oh, by the way, all that NSA spying on Americans, maybe corporate leaders, journalists and other politicians? Yep, same thing.
Cross-posted with TomDispatch.com
Once again, we find ourselves at the day after 9/11, and this time America stands alone. Alone not only in our abandonment even by our closest ally, Great Britain, but in facing a crossroads no less significant than the one we woke up to on September 12, 2001. The past 12 years have not been good ones. Our leaders consistently let the missiles and bombs fly, resorting to military force and legal abominations in what passed for a foreign policy, and then acted surprised as they looked up at the sky from an ever-deeper hole.
At every significant moment in those years, our presidents opted for more, not less, violence, and our Congress agreed — or simply sat on its hands — as ever more moral isolation took the place of ever less diplomacy. Now, those same questions loom over Syria. Facing a likely defeat in Congress, Obama appears to be grasping — without any sense of irony — at the straw Russian President Vladimir Putin (backed by China and Iran) has held out in the wake of Secretary of State John Kerry’s off-the-cuff proposal that put the White House into a corner. After claiming days ago that the U.N. was not an option, the White House now seems to be throwing its problem to that body to resolve. Gone, literally in the course of an afternoon, were the administration demands for immediate action, the shots across the Syrian bow, and all that. Congress, especially on the Democratic side of the aisle, seems to be breathing a collective sigh of relief that it may not be forced to take a stand. The Senate has put off voting; perhaps a vote in the House will be delayed indefinitely, or maybe this will all blow over somehow and Congress can return to its usual partisan differences over health care and debt ceilings.
And yet a non-vote by Congress would be as wrong as the yes vote that seems no longer in the cards. What happens, in fact, if Congress doesn’t say no?
A History Lesson
The “Global War on Terror” was upon us in an instant. Acting out of a sense that 9/11 threw open the doors to every neocon fantasy of a future Middle Eastern and global Pax Americana, the White House quickly sought an arena to lash out in. Congress, acting out of fear and anger, gave the executive what was essentially a blank check to do anything it cared to do. Though the perpetrators of 9/11 were mostly Saudis, as was Osama bin Laden, al-Qaeda itself sought refuge in largely Taliban-controlled Afghanistan. So be it. The first shots of the War on Terror were fired there.
George W. Bush’s top officials, sure that this was their moment of opportunity, quickly slid destroying al-Qaeda as an organization into a secondary slot, invaded Afghanistan, and turned the campaign into a crusade to replace the Taliban and control the Greater Middle East. Largely through passivity, Congress said yes as, even in its earliest stages, the imperial nature of America’s global strategy revealed itself plain as day. The escape of Osama bin-Laden and much of al-Qaeda into Pakistan became little more than an afterthought as Washington set up what was essentially a puppet government in post-Taliban Afghanistan, occupied the country, and began to build permanent military bases there as staging grounds for more of the same.
Some two years later, a series of administration fantasies and lies that, in retrospect, seem at best tragicomic ushered the United States into an invasion and occupation of Iraq. Its autocratic leader and our former staunch ally in the region, Saddam Hussein, ruled a country that would have been geopolitically meaningless had it not sat on what Deputy Secretary of Defense Paul Wolfowitz called “a sea of oil” — and next to that future target of neocon dreams of conquest, Iran. Once again, Congress set off on a frenzied rush to yes, and a second war commenced out of the ashes of 9/11.
With the mighty American military now on their eastern and western borders and evidently not planning on leaving any time soon, Iranian officials desperately sought out American diplomats looking for some kind of rapprochement. They offered to assist in Afghanistan and, it was believed, to ensure that any American pilots shot down by accident over Iranian territory would be repatriated quickly. Channels to do so were reportedly established by the State Department and it was rumored that broader talks had begun. However, expecting a triumph in Iraq and feeling that the Iranians wouldn’t stand a chance against the “greatest force for liberation the world has ever known” (aka the U.S. military), a deeply overconfident White House snubbed them, dismissing them as part of the “Axis of Evil.” Congress, well briefed on the administration’s futuristic fantasies of domination, sat by quietly, offering another passive yes.
Congress also turned a blind eye to the setting up of a global network of “black sites” for the incarceration, abuse, and torture of “terror suspects,” listened to torture briefings, read about CIA rendition (i.e., kidnapping) operations, continued to fund Guantanamo, and did not challenge the devolving wars in Iraq or Afghanistan. Its members sat quietly by while a new weapon, armed drones, at the personal command of the president alone, crisscrossed the world assassinating people, including American citizens, within previously sovereign national boundaries. As a new president came into office and expanded the war in Afghanistan, ramped up the drone attacks, made war against Libya, did nothing to aid the Arab Spring, and allowed Guantanamo to fester, Congress said yes. Or, at least, not no, never no.
The World Today
Twelve years later, the dreams of global domination are in ruins and the world America changed for the worse is a very rough place. This country has remarkably few friends and only a handful of largely silent semi-allies. Even the once gung-ho president of France has been backing off his pledges of military cooperation in Syria in the face of growing popular opposition and is now calling for U.N. action. No longer does anyone cite the United States as a moral beacon in the world. If you want a measure of this, consider that Vladimir Putin seemed to win the Syria debate at the recent G20 summit as easily as he now has captured the moral high ground on Syria by calling for peace and a deal on Assad’s chemical weapons.
The most likely American a majority of global citizens will encounter is a soldier. Large swaths of the planet are now off-limits to American tourists and businesspeople, far too dangerous for all but the most foolhardy to venture into. The State Department even warns tourists to Western Europe that they might fall victim to al-Qaeda. In the coming years, few Americans will see the pyramids or the ruins of ancient Babylon in person, nor will they sunbathe, among other places, on the pristine beaches of the southern Philippines. Forget about large portions of Africa or most of the rest of the Middle East. Americans now fall victim to pirates on the high seas, as if it were the nineteenth century all over again.
After 12 disastrous years in the Greater Middle East, during which the missiles flew, the bombs dropped, doors were repeatedly kicked in, and IEDs went off, our lives, even at home, have changed. Terrorism, real and imagined, has turned our airports into giant human traffic jams and sites of humiliation, with lines that resemble a Stasi version of Disney World. Our freedoms, not to speak of the Fourth Amendment right to privacy, have been systematically stripped away in the name of American “safety,” “security,” and fear. Congress said yes to all of that, too, even naming the crucial initial piece of legislation that began the process the PATRIOT Act without the slightest sense of irony.
When I spoke with Special Forces personnel in Iraq, I was told that nearly every “bad guy” they killed or captured carried images of American torture and abuse from Abu Ghraib on his cellphone — as inspiration. As the victims of America’s violence grew, so did the armies of kin, those inheritors of “collateral damage,” seeking revenge. The acts of the past 12 years have even, in a few cases, inspired American citizens to commit acts of homegrown terrorism.
Until this week, Washington had abandoned the far-from-perfect-but-better-than-the-alternatives United Nations. Missiles and bombs have sufficed for our “credibility,” or so Washington continues to believe. While pursuing the most aggressive stance abroad in its history, intervening everywhere from Libya and Yemen to the Philippines, seeking out monsters to destroy and, when not enough could be found, creating them, the United States has become ever more isolated globally.
The horror show of the last 12 years wasn’t happenstance. Each instance of war was a choice by Washington, not thrust upon us by a series of Pearl Harbors. Our Congress always said yes (or least avoided ever saying no). Many who should have known better went on to join the yes men. In regard to Iran and George W. Bush, then-candidate for president Senator Joe Biden, for instance, said in 2007, “I was Chairman of the Judiciary Committee for 17 years. I teach separation of powers in constitutional law. This is something I know. So I brought a group of constitutional scholars together to write a piece that I’m going to deliver to the whole United States Senate pointing out that the president has no constitutional authority to take this country to war against a country of 70 million people unless we’re attacked or unless there is proof that we are about to be attacked. And if he does, I would move to impeach him. The House obviously has to do that, but I would lead an effort to impeach him.”
Only a year ago, Biden criticized Republican presidential candidate Mitt Romney for being too anxious to go to war with Syria. That country, Biden said, “is five times as large geographically [as Libya], it has one-fifth the population… It’s in a part of the world where they’re not going to see whatever would come from that war. It’ll seep into a regional war… If in fact it blows up and the wrong people gain control, it’s going to have impact on the entire region causing potentially regional wars.”
Biden has been missing from the public eye this week. His last public statement on Syria was in late August. Monday, while Susan Rice begged for war and Obama taped multiple TV interviews, the vice president was in Baltimore handing out federal grant money to improve the port. Silence in the face of a car wreck isn’t golden, it’s deadly. Good God, man, hit the brakes before we kill someone!
What If Congress Says Yes?
Some in Congress now are talking about a new resolution that would pre-authorize the administration to launch “fallback airstrikes” — that is, its desired attack on Syria — after some sort of deadline passed for U.N. action, Syrian action, or perhaps just another mythical red line was crossed. Should Congress say yes yet again to such a scheme or anything like it, nothing will change for the better, and much is likely to change for the worse.
An attack on Syria will demand a response; war works that way, no matter how “surgical” the strikes may be. Other countries, and even terrorists, also tend to imagine that, in such situations, their “credibility” is at stake. Fearing reprisals, the U.S. has already preemptively withdrawn its diplomats from a consulate in Turkey near the Syrian border, and from Lebanon. Security has increased in Iraq, with the already fortress-like U.S. embassy there bracing for attacks, allegedly already being planned by Iranian-sponsored sappers.
Be assured of one thing: bombs and missiles falling in Syria will cause “collateral damage,” newspeak for images splashed across the globe of Muslim women and children killed by American weaponry. History has ensured that borders in the Middle East are arbitrary and easily enough ignored. As the U.S. invasion and occupation of Iraq sparked a metastasizing regional Sunni-Shia civil war, so a new intervention in the latest version of that war will lead to further, possibly devastating, and certainly divisive consequences in Lebanon, Iraq, and elsewhere. Think of this as a grim domino theory for the new century.
Should a desperate Assad regime in Syria, or an Iranian proxy from Lebanon, retaliate against Israel, the U.S. could wake up to find itself in the middle of a far larger war. Who knows then what a Russia already moving naval forces into the Mediterranean and with a naval base in Syria itself might do, perhaps citing the need to maintain Putin’s “credibility”?
Even the most optimistic pundits do not believe a single set of strikes over a limited number of days will have much strategic effect. And what if, after giving up some or all of his chemical weapons, Assad just makes or buys more? The famous comment of General David Petraeus during the invasion of Iraq — “Tell me how this ends” — would need answering again. We didn’t like the answer the last time and we won’t like it this time.
Of course, something like half of the anti-Assad rebels fight for Islamic fundamentalist outfits. If, however unmeant, the U.S. essentially becomes the air force over Syria for al-Qaeda-branded and other jihadist outfits, unleashing them to take further territory, that would undoubtedly create even more unsettled and unsettling conditions across the region. A rebel victory, aided by U.S. strikes, would certainly give al-Qaeda the sort of sovereign sanctuary the U.S. has been fighting to eliminate globally since the Clinton administration. No serious scenario has been offered in which the civil war in Syria would begin to abate thanks to U.S. bombs and missiles.
With or without an attack, some things will remain constant. Israel destroyed Syria’s nascent attempts to build nuclear weapons and would do so again if needed. Iran has played a clever game in the regional proxy wars in Lebanon, Syria, and elsewhere — they won in Iraq — and will continue to do so. Since the 1970s, Syria has had stocks of chemical weapons that the Assad regime manufactured itself and has never used them against the United States or any other country, nor have they in 40 years transferred those weapons to any terrorists. There is no reason to believe that will change now, not even as a way to strike back should the U.S. attack first (though the fate of those weapons, should Assad fall under U.S. attacks, no one can possibly know.)
With a U.S. president willing, for the first time in decades, to hand over some part of his decision-making powers to Congress (though he dubiously maintains that it would still be constitutional for him to launch strikes against Syria on his own), the Senate and House of Representatives have a chance to courageously re-insert themselves in war policy. Alternatively, they can once again assure themselves of a comfortable irrelevance. On one thing Obama is certainly right: the world is indeed watching the unfolding spectacle.
What If Congress Says No?
If Congress says no to an attack on Syria, the U.S. may for the first time in 12 years have the chance to change the world for the better. Though this is not an overly dramatic statement, it’s also true, as every diplomat knows, that it’s easier to break things than fix them.
The world would at least have seen Washington step back after its citizenry told their government that enough is enough. The world would see an America which, in a modest but significant way, was beginning to genuinely absorb the real lessons to be drawn from our post-9/11 actions: that endless war only fuels more war, that living in a world where foreigners are seen mainly as targets brings no peace, that lashing out everywhere means no safety anywhere.
In the wake of a non-attack on Syria, parts of the world might be more open to the possibility that the United States could help open new paths, beginning with a tacit acknowledgement that we were wrong. Nothing can erase the deeds of the past years or those long memories common not just in the Middle East, but to humanity more generally. Certainly, what we did is likely to haunt us for generations. But when in a deep hole, the first step is to stop digging. Via Congress, the U.S. can take a small first step toward becoming an “indispensable nation” in more than our own minds.
If Congress says no on Syria, it will, just as the president warns, also be sending a message to Iran — not, however, that the United States lacks the resolve to fight. It seems unlikely, given the past 12 years, that anyone doubts this country’s willingness to use force. A clear no from Congress would, in fact, send a message of hope to Iran.
It was only in June that Obama claimed Iran’s election of a moderate as president showed that Iranians want to move in a different direction. “As long as there’s an understanding about the basis of the conversation, then I think there’s no reason why we shouldn’t proceed,” Obama said. “The Iranian people rebuffed the hardliners and the clerics in the election who were counseling no compromise on anything anytime anywhere. Clearly you have a hunger within Iran to engage with the international community in a more positive way.”
Diplomacy is often a series of little gateway-like tests that, when passed, lead two parties forward. A no on Syria would be such a step, allowing Iran and the United States a possible path toward negotiations that could someday change the face of the Middle East. Only three months ago, Obama himself endorsed such a plan. If Congress says no, it won’t destroy credibility with the Iranians; it’s likely, in fact, to enhance it. This decision by Congress could empower both parties to proceed to the negotiating table in a more hopeful way. A yes from Congress, on the other hand, could sideline Iranian moderates and slam the door shut on discussions for a long time.
It is clear that partisan politics will play a significant role in Congress’s decision. That body is fundamentally a political animal, and the House, of course, faces midterm elections in little more than a year. Still, that’s not a terrible thing. After all, for the first time in a long while, when it comes to foreign policy, House members are openly speaking about the influence that a wave of constituent opposition to a Syrian intervention is having on them. They appear to be hearing us speak, even if the impulse isn’t just to do the right thing, but to garner votes in 2014.
Should Congress say no, it seems unlikely that a president, isolated at home and abroad, will go to war. Some of Obama’s top aides have already been signaling that reality. Despite macho talk in the upper echelons of his administration on his right to ignore Congress, as a constitutional scholar and a savvy politician he would be unlikely to risk the demands for his impeachment and the spectacle of a Constitutional crisis by launching Syrian strikes in the wake of a no vote. All the noise about not backing down and his credibility suffering a catastrophic blow should be taken as so much pre-vote political saber rattling. The president may make foolish decisions, but he certainly is no fool.
By saying no, not again, not this time, the current group of gray men and women who largely make up our Congress have the chance to join some of the giants who have thundered in those chambers in the past. At this moment, that body has the opportunity to choose a new meaning for future anniversaries of 9/11. It could be the day that life went on just as disastrously as previously — or it could be the day that changed everything, and this time for the better.
(Follow me on Twitter as @wemeantwell or I’ll just keep repeating myself here)
US isn’t the world’s policeman Obama says. No, we’re the world’s George Zimmerman.
The question no journalist will ask Obama: Mr. President, if you use the military again, tell me how this ends?
And by the way, what wars had Obama ended? Even the end of the Iraq war was negotiated by Bush. (Libya, Yemen, Pakistan, Afghanistan, AFRICOM)
Our US military pinpricks are really BIG.
The policy on Syria is in such disarray that it’s obvious Kerry is just making things up as he goes along.
No truth to the rumor that Colin Powell will speak alongside Obama to make the case for war.
Scary White House videos from Syria were on YouTube, but now “significant” as intel community gives stamp of “authenticity”
How’d that last Middle East thingie work out for ya? Marines moved closer to Libya as 9/11 anniversaries approach.
Iran warned the U.S. twice in 2012 that Syrian rebels the U.S. supports have chemical weapons of their own.
Russia proposes Syria turn over chem weapons to avoid war. Predicting U.S. will claim Syria can’t be trusted in 5, 4, 3, 2…
Pathetic: Susan Rice citing Bush officials who sold the WMD scam to Americans on Iraq as supporters of Syria strikes.
When Obama said “There is no NSA spying on Americans,” he lied. But it’s cooool if you trust him on #Syria …
When Obama talks about the dead children in Syria, do ask him why Syria is a crisis but North Korean labor camps are not even mentioned.
日本の歴史の本で発見：”パールハーバー：。ただ空爆、地上の歩兵を持つ” (Found in the Japanese archives: “Pearl Harbor: Just an airstrike, with no boots on the ground.”)
WaPo (slogan: Obama’s Stenographer) fans flames quoting unnamed source (Israel) about new threat– Syria bioweapons!
Because it’s the morally right thing to do: France says it won’t act alone on Syria, waits for the UN.
Obama: the world cannot remain silent on Syria. Meanwhile, the world disagrees and remains silently unconvinced.
The world has set a red line, he says, but somehow he’s the only one in the world talking about it.
Two wrongs don’t make a right, nor a policy. We do not need another war in the Middle East.
Happened to be reading the chem weapons treaty. Says disputes settled by the UN. Nowhere does it say US’ obligation.
Hagel either lied or was stirring up propaganda: Russia does not supply Syria with chemical weapons.
Other popular international norms: don’t torture, don’t render, don’t violate sovereignty by drone, don’t indefinitely imprison people without trial.
Obama in Egypt: OK to kill your own people. Obama in Syria: Killing your own people means war.
Assad helped the U.S. torture rendered CIA prisoners.
Some brown-skinned dude called me a sissy in the bar, so I beat him to ensure my credibility. Not related to Syria in any way.
If I hear anyone, ever, say “boots on the ground” again, I will puke. Deal with it: It’s US infantry dying on another MidEast battlefield.
Watching Kerry make things up on the spot today, one can’t help but wonder at what point those pharmaceutical grade hallucinogens kicked in.
Kerry says multiple Arab nations support US attack on Syria, says can’t name countries in unclassified setting because “It’s complicated.”
Party Outta Bounds in Pyongyang Ya’all: Kerry says failure to bomb #Syria will cause celebration in North Korea.
Kerry gives weasel answer on “boots on the ground” ’cause a) special forces likely already on ground and b) more troops may go in to seize chemical weapons.
Just called my Congressional reps’ offices to tell them vote no on Syrian attack. Call your reps today.
Syria, thank you for calling. Your attack is important to us. Please stay on the line, and our cruise missiles will be with you shortly.
What is wrong with these people– Kerry says Syria is now a “Munich moment.”
I took a nap and now the war with Syria isn’t about sending a message to Assad anymore? It’s now about sending a message to Iran?
Legal basis for attacking Syria? If the president does it of course it is legal.
Kucinich: “Syria Strike Would Make U.S. Al Qaeda’s Air Force.” Well, there’s something we can all get behind.
Once-great BBC ran Syrian-rebel supplied propaganda photo– actually taken years ago in Iraq– to stir up war fever.
UN says will take weeks to analyze Syria samples for evidence of chem weapons; Kerry says US already has proof.
Mix n’ Match: Obama’s strategy stands in contrast to 2011, when he sought UN authorization for Libya but not approval of Congress.
Kerry: “Assad regime’s chem attack is a crime against conscience, humanity, the norm of int’l community.” AS ARE DRONES AND GITMO.
If the US is sincere about a humanitarian response, send doctors to the refugee camps and nerve gas antidote and gas masks to Syria.
Don’t you wish Nobel Peace prizes came with an expiration date after which they self-destruct?
“There is no spying on Americans,” said Obama to talk show host Jay Leno in August.
In the latest revelations about the extent of NSA spying on Americans, we now learn that Obama secretly (of course) won permission from a secret surveillance court in 2011 to reverse restrictions on the National Security Agency’s use of intercepted phone calls and e-mails, permitting the agency to search deliberately for Americans’ communications in its massive databases.
In addition, the court extended the length of time that the NSA is allowed to retain intercepted U.S. communications from five years to six years — and or more, under special (secret) circumstances. The court order, as now available on the web, still contains significant “blacked out” sections, suggesting there may be even more of concern not yet known to Americans (who are referred to as “targets” in the actual document.)
What had not been previously acknowledged, according to the Washington Post, is that the secret court in 2008 imposed an explicit ban — at the government’s request — on those kinds of searches, that officials in 2011 got the court to lift the bar and that the search authority has been used.
The Post goes on to nail it:
Together the permission to search and to keep data longer expanded the NSA’s authority in significant ways without public debate or any specific authority from Congress. The administration’s assurances rely on legalistic definitions of the term “target” that can be at odds with ordinary English usage. The enlarged authority is part of a fundamental shift in the government’s approach to surveillance: collecting first, and protecting Americans’ privacy later.
DNI Clapper lied to Congress when he said the NSA does not spy on Americans. The President of the United States lied to his own people when he said the NSA does not spy on Americans. That’s all for today, because hell, that’s enough.
Mr. President, we’re going to have to convince the American people about this war with Syria. Our polling shows more support for nuking Miley Cyrus the next time she twerks on TV than for your policy.
She does have a sweet little–
We have the Congressional midterms coming up, and Boehner is up my ass about defunding my healthcare legacy. I need this vote, or Hillary’s gonna kill me.
Right, right, sir.
(Licking of chops heard)
Kill them! Kill them all!
Easy Susan, I promise you’ll see the post-attack color close up photos first, then you pass them to McCain like always.
Yes, It likes the Precious Photos, It likes them.
Somebody get her some water or something?
So what’s our reason for Syria?
Hey, do we still have to put five bucks in the tip jar if we say ‘Slam Dunk’?
Seriously now people, we are committing American lives at risk here.
(General laughter in room)
OK, OK. We go to war in Iran–
OK, war in Syria because of a red line.
Is that the same as a line in the sand?
No, ours is red. Very different.
Good one, sir.
Well, Americans have not been hooked tight enough by the red line. We need another reason.
OK, evil dictator, killing his own people, yadda yadda.
That has some traction, but roughly half of the dead in Syria were killed by ‘our own’ rebels, and those were their own people too. What else?
(General laughter in room)
I think U.S. credibility went down the freaking toilet when you promised to close Gitmo and didn’t.
Shut up Chuck. Nobody asked you.
Goddammit, I served in Vietnam.
Yeah, so did John Kerry and Colin Powell, and you don’t see them whining.
So why don’t we just go old-school and say the Syrians attacked us in the Gulf of Tonkin?
Would that work?
Dammit, I had friends killed in Vietnam because of that lie.
I think one of my frat brothers’ dad got greased in Laos. Is that over there too?
Also, I read somewhere that we used napalm, white phosphorus and Agent Orange over there. Are those chemical weapons?
Yeah, but that’s history.
Not to the victims and their malformed children still alive, nor to the loved ones still mourning their dead at America’s hand.
O.K., back on track, how about, um, violation of international law?
(General laughter in room)
Maybe with our drones, ongoing indefinite imprisonment at Gitmo, torture, renditions, black sites, NSA spying on foreign heads of state, bringing down a sovereign leader’s plane because we thought that son-of-a-bitch Snowden was on board, pushing international law too hard might not be the best thing.
Yeah, especially since until around 2006 we were rendering prisoners into Assad’s Syria for out-sourced torture.
OK, back to Iran. We bomb the hell out of Syria to send a message to Iran.
That they can’t support evil regimes.
But the Iranians have been supporting bad guys in Lebanon forever, these days the Taliban in Afghanistan, and basically control our allies in free Iraq. Hell, they even sent Qods force guys into Iraq to kill our own troops. Not sure here why Syria, now, is the place for a message.
So what do we have left?
I’d say we just keep saying ‘WMD, WMD’ over and over again until Americans beg Congress for a military strike on Syria.
I like that a lot. Any opposition? No? OK then, we go with WMD scare tactics.
Might as well.
Agreed. It worked last time.
O.K., thanks everyone. And thank you gentlemen for coming back to Washington to help see this through. John, would you be kind enough to walk W., Dick and Condi out please?
A new book by Andrew Kreig, Presidential Puppetry: Obama, Romney and Their Masters, explores the complex and interrelated backgrounds of our recent presidents and presidential candidates. While I have not yet read the entire volume, I am pleased to offer a sample chapter excerpt here.
Prescott Bush: Roots of the Bushes
The Bush and Walker families, forebears of President George Herbert Walker Bush, have been prominent in American life for many generations. The analysis over the next three chapters covers multiple generations of the Bush Family. That way, the disreputable methods and dire consequences for the public are understandable as part of a pattern, not mere aberrations. As one example, both George H. W. Bush and his father, Prescott Bush, presented themselves as war heroes to help launch their careers, despite serious questions about the facts. This raises doubt about their ultimate loyalties, given the central role that war-making, armaments, and energy have played in advancing the fortunes of their families and their armies of business cronies.
The history of the Yale College secret society Skull and Bones is a good place to start. William H. Russell founded the society in the 1830s after observing a model for it during his studies in Germany. Russell, who became a prominent educator and pro-union abolitionist, was a cousin of the wealthy Samuel W. Russell, a silk, tea, and opium merchant based in China for many years. Skull and Bones, also known as “The Order,” is incorporated as the Russell Trust Association and is exempt from Connecticut’s normal requirements for annual reports. Several researchers suggest the secret status proved useful in 1961 for laundering payments to CIA-orchestrated Bay of Pigs invaders of Cuba.
The Order traditionally invites fifteen of the school’s wealthiest and otherwise most outstanding juniors to forge a lifelong mutual assistance bond. This includes a rite in the longtime headquarters, a windowless stone building called “The Tomb” in New Haven. Each initiate lies in a coffin to confide intimate sexual experiences. George H. W. Bush and his father were members, as was son George W. Bush. Author Alexandra Robbins summarized the society’s importance as follows:
The men called their organization the “Brotherhood of Death,” or, more informally, “The Order of Skull and Bones.” They adopted the numerological symbol 322 because their group was the second chapter of the German organization, founded in 1832. They worshipped the goddess Eulogia, celebrated pirates, and covertly plotted an underground conspiracy to dominate the world. Fast forward 170 years. Skull and Bones has curled its tentacles into every reach of American society. This tiny club has set up networks that have thrust three members to the most powerful political position in the world… Skull and Bones has been dominated by approximately two dozen of the country’s most prominent families — Bush, Bundy, Harriman, Lord, Phelps, Rockefeller, Taft, and Whitney, among them — who were and are encouraged by the society to intermarry so that the society’s power is consolidated. In fact, the society forces members to confess their entire sexual histories so that Skull and Bones, as a eugenics overlord, can determine whether a new Bonesman will be fit to carry on the bloodlines of the powerful Skull and Bones dynasties.
Understandably brimming with self-confidence, Prescott found himself humiliated in 1918, a little more than a year after his Yale graduation. While Prescott was on his way to Allied front lines in the final months of World War I, his hometown newspaper in Columbus, Ohio printed a front-page story describing him as a hero acclaimed by three nations. The reason? Prescott, according the report, courageously used a “bolo knife” as a baseball bat to swat away an incoming shell, thereby protecting his unit. In fact, he had not yet reached the front lines. The paper published this preposterous tale as a news story, and included such flattering biographical detail as his college leadership of the Yale Glee Club and his election to Skull and Bones. But the bolo knife as baseball bat yarn prompted ridicule. And so, four weeks later, the paper published on its front page a brief letter from Prescott’s mother saying that the original story was in error.
Bush himself is reputed to have said the story arose because he wrote a humorous cable to a friend, who thought it was real and placed it in the paper. The incident was all the more embarrassing because Prescott’s father, Samuel P. Bush, was the United States official in charge of World War I purchases of small arms (including machine guns) and ammunition. Details remain shrouded because of destroyed records. Samuel Bush’s wartime post helped illustrate the kind of ongoing relationships between the nation’s Wall Street, munitions, energy, and media tycoons that would endure through the generations. Bush’s work buying ammunition and arms put him in a position to provide troops with goods from the Rockefeller-controlled Remington Arms, the nation’s largest grossing arms dealer during the war. Bush worked directly under Wall Street’s trusted Bernard Baruch, head of the War Industries Board. Baruch, a native of South Carolina, was nicknamed “The Long Wolf” because of his investment acumen but was reputed more quietly to be also to be an important liaison between Europe’s Rothschild banking family and their United States partners. The nation’s finances, including for war industries, were highly dependent also on the work of War Finance Chairman Eugene Meyer, the future Post owner who would cement friendships with the Bush and other major dynasties during this period of explosive federal growth.
After the war, Prescott Bush found marriage, and professional success through The Order and similar elite connections. He married Dorothy Walker, daughter of W.A. Harriman Brothers CEO and Co-founder Herbert “Bert” Walker, a private banker and sports fan whose successes included building Madison Square Garden, serving as New York State Racing commissioner and running the Belmont Race Track as president. But Bert Walker’s main business was to help create support for U.S. entry into World War I, and postwar to build up Harriman Brothers. Other co-founders included W. Averell Harriman, a member of The Order from Yale’s class of 1913. He chaired the firm and co-owned it with his younger brother, Roland “Bunny” Harriman. The latter was a Bonesman in the same Yale Class of 1917 as Prescott Bush. Bunny took the lead in arranging for Prescott to become the firm’s vice president. Another co-founder was Percy Rockefeller, a Bonesman in the Yale class of 1900 and the family’s controller of Remington Arms Prescott’s brother attended Yale, and both of their sisters married Yale men.
If this all seems cozy, that’s because it was. And to a significant extent, it still is. Rather remarkably, for example, 2004 Presidential candidates George W. Bush and John Kerry were Yale Bonesmen in the mid-1960s, as were at least two of the leading news commentators on their campaigns.
Prescott Makes His Mark
Prescott Bush, tall and self-righteous, worked hard to advance himself and Harriman Brothers. Among his major early successes was helping William Paley obtain financing to buy CBS. Paley later ran CBS for many years as chairman, with Bush as a director. Like CBS, NBC and later ABC were spinoffs from the Radio Corporation of America (RCA), and thus had many overlapping relationships with banks, and other financiers.
At Harriman Brothers, Bush also created a strong United States financial base for the German industrialist, Fritz Thyssen. Thyssen used Harriman Brothers as an agent for his efforts in the United States. In 1926, Thyssen also became mesmerized by up-and-coming German politician Adolf Hitler and so became Hitler’s leading financier.
Harriman Brothers was well-positioned for this business after being involved in global activities that included projects in Russia after World War I. In 1931, Harriman had merged with Brown Brothers, which had been the nation’s major shipping line for the slave trade before the Civil War, thus enabling extensive overseas offices. The new company became Brown Brothers Harriman, the world’s largest private investment bank. Bush ran the New York office, and focused heavily on Thyssen and related business. That was among Harriman’s biggest income sources as Hitler ramped up his country’s development after seizing power in 1933. Meanwhile, a Depression stagnated much of the United States.
Given Hitler’s warmongering and racist policies, however, Thyssen-related income became increasingly awkward for the firm. Thyssen himself broke with Hitler before the war, and fled to France in 1941, doubtless hoping his United States assets would remain available under the safekeeping of Brown Brothers Harriman. In 1942, the United States government seized some assets under the Trading with the Enemy Act. But Averell Harriman was one of President Roosevelt‘s top foreign policy advisors, with many henchmen installed in high places. Not surprisingly, the Hitler-Thyssen-Harriman-Bush matter was resolved discreetly, for the most part, until investigative reporting arose a half-century later.
Prescott Bush survived the Nazi taint with relatively little damage to his reputation. He was elected as a U.S. senator representing Connecticut as a Republican from 1952 to 1963. Bush’s patron Averell Harriman, a U.S. ambassador to Russia during the war, continued to hold several of the highest federal foreign affairs positions under the postwar presidency of Harry Truman. Bush served on the Armed Services Committee, and fostered close friendships with President Eisenhower and other top officials.
During the 1940s, Bush and tobacco heir Gordon Gray, fostered a friendship and alliance between their families that would affect the nation’s history for decades. Gray’s son, Boyden Gray, would augment that tradition by helping lead a secret, decade long-effort by power brokers to create “the tea party,” which was sold to the public as a spontaneous grassroots organization of patriots arising in 2009 to fight the Obama administration. The sham’s historical roots are intertwined with the power of the nation’s great dynasties.
Gordon Gray, an heir to the R.J. Reynolds tobacco fortune, was a Yale Law School graduate and newspaper publisher among his accomplishments. In the 1940s, he and his wife became leaders in the eugenics movement along with Prescott Bush. The Harriman and Rockefeller families heavily funded eugenics and sterilization, which later evolved into more socially acceptable Planned Parenthood organization and decades of U.S. Agency for International Development birth control programs for Third World nations. Gray and his wife helped lead a pilot program to reduce birthrates by sterilizing hundreds of black boys and girls who performed poorly on school intelligence tests. The trial project was in segregated Winston-Salem, North Carolina, where Gray published a newspaper.
Gray became secretary of the Army in the Truman administration. Gray’s interests would include the mind-control drug experiments by the fledgling CIA on unsuspecting test subjects whose reactions could be studied. Gray would go on to hold important national security positions under both Republican and Democratic presidents into the Ford administration during the mid-1970s.
In 1953, President Eisenhower appointed former Harriman lawyers John Foster and Allen Dulles to lead the State Department and CIA, respectively. Averell Harriman became governor of New York State for one term before losing reelection in 1958 to Nelson Rockefeller, a Dartmouth graduate. Rockefeller’s many influential posts before his four terms as governor included one with the quaint title of Special Assistant to President Eisenhower for psychological warfare. Gray became Eisenhower’s national security advisor. Gray and Prescott Bush were frequent golfing companions with President Eisenhower, with Vice President Nixon often rounding out their foursome.
Illustrating the capacity for political jousting even among the highest levels of the governing elite, Prescott Bush damaged the national aspirations of Nelson Rockefeller by savagely attacking the scion of his longtime financial allies for obtaining a divorce and remarrying. Prescott’s tirade was doubtless in part because of Nelson’s notorious reputation as a philanderer, with Rockefeller’s staff regarded as especially vulnerable to his charms. Another motive for the sabotage was the Bush Family’s increasing interest in working with oil-rich Texas conservatives who were reshaping the Republican Party toward perspectives shaped by Arizona Senator Barry Goldwater.
Prescott retired from the Senate in 1963, just as his son George’s political career was beginning in Texas. Prescott resumed his post as Brown Brothers Harriman managing director until his death in 1972. In 2004, The Guardian in the United Kingdom published an extensive investigation seeking to answer questions about Prescott Bush’s role assisting Thyssen and Hitler. The series noted that Bush enjoyed success in public life after the war, and was never prosecuted. However, it quoted John Loftus, a former federal prosecutor in the nation’s Nazi hunt that began in the 1970s, as arguing that he would have sought Bush’s indictment as a war criminal if he were still alive. The Guardian noted that the Bush Family had always declined to respond to such comments.
The news story continued:
“There is no one left alive who could be prosecuted but they did get away with it,” said Loftus. “As a former federal prosecutor, I would make a case for Prescott Bush, his father-in-law (George Walker), and Averell Harriman [to be prosecuted] for giving aid and comfort to the enemy. They remained on the boards of these companies knowing that they were of financial benefit to the nation of Germany.”
Loftus said Prescott Bush must have been aware of what was happening in Germany at the time. “My take on him was that he was a not terribly successful in-law who did what Herbert Walker told him to. Walker and Harriman were the two evil geniuses; they didn’t care about the Nazis any more than they cared about their investments with the Bolsheviks.
I know it is hard for us as a nation to think back past last night’s episode of Breaking Bad, but try and remember when Obama, a former constitutional law lecturer, campaigned on a pledge to ensure that national security policy remained consistent with American laws and values. He also made the now-ironic pledges about protecting whistleblowers. Good times, yes?
Strawmen Tell No Tales
Obama now continues to defend his unfettered spying on, well, pretty much the whole world. In his most recent press conference, Obama pulled out the old Bush-era strawman argument: whatever the government does is essential to protecting the United States. It is either chaotic liberty or apocalyptic daily terror attacks, pick one or the other, baby. The money shot statement from the press conference: “(Terrorists) have the capacity, potentially, to go after our businesses.” You can take our liberty, but don’t mess with our money. Americans, as we go to war, be sure to keep shopping!
Manning Begat Snowden
In addition, Obama found time in his press conference to mock Edward Snowden personally, saying he was not a patriot (Snowden, not Obama) and saying he (Snowden, not Obama) should come to the Das Homeland for a fair trial before being sent away for life.
Obama, as he has not realized after killing al Qaeda’s No. 1 and No. 2′s repeatedly for years without effect, has not realized that despite his aggressively hunting down and smiting whistleblowers whenever the Empire can catch one, new whistleblowers keep emerging. Manning begat Snowden and so forth. Among a handful of The People at least, a fire still burns.
Your Guide to Smiting Whistleblowers
So, as a public service knowing more whistleblowers are sure to emerge, here is a handy guide on how to respond. The pattern following a whistleblower’s disclosure must come from some joint media-government handbook, because it is always the same:
– Initially deny everything and hope the story fades away. Claim the info is from an unreliable web site, or a foreign news source, is just bad guy propaganda.
– When that doesn’t work, denigrate the whistleblower on personal grounds (gay, lazy, narcissistic, unpatriotic) and work hard to focus people on the messenger, not the message.
– When that doesn’t work, say, you know, come to think of it, the disclosures are not that big a deal. The whistleblower really did not say anything important, so best to just ignore him.
– When that doesn’t work, claim the whistleblower is a criminal, violated his oath, his military commission, his Netflix terms of service, that little checkbox when you install software, whatever sticks.
– When that doesn’t work, say the whistleblower should have gone through channels (as if in reality they exist). Do not explain what/where these channels are, for say, an Army private in the middle of the Iraqi desert.
– When that doesn’t work, claim the whistleblower must “face justice” and “take responsibility,” though only in the form of jail time and on the government’s terms. Maybe three years of pretrial detainment to soften things up? Perhaps a little sleep deprivation? Hmm, you have relatives still in Germany, yes?
– When that doesn’t work, switch gears and claim whatever was disclosed is a grave threat to the U.S. Cite the danger to American lives, and especially to “the troops.” Say blood is on the whistleblower’s hands. No evidence needed.
– Repeat as needed.
BONUS: Here’s an article that pretty much covers most of the points above, The Five Nastiest Things the White House Has Said About Snowden.
The whistleblower statement is online, buried in a less prominent location multiple clicks deep. While I regret the technical error, my sentiments are unchanged.
(On the day Bradley Manning’s verdict is announced, Orwell’s Memory Hole is indeed alive in the United States. This excellent article was not written by me, and originally appeared on TechDirt)
The folks from the Sunlight Foundation have noticed that the Change.gov website, which was set up by the Obama transition team after the election in 2008 has suddenly been scrubbed of all of its original content. They noted that the front page had pointed to the White House website for a while, but you could still access a variety of old material and agendas. They were wondering why the administration would suddenly pull all that interesting archival information… and hit upon a clue.
A little bit from the “ethics agenda”:
Protect Whistleblowers: Often the best source of information about waste, fraud, and abuse in government is an existing government employee committed to public integrity and willing to speak out. Such acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled. We need to empower federal employees as watchdogs of wrongdoing and partners in performance. Barack Obama will strengthen whistleblower laws to protect federal workers who expose waste, fraud, and abuse of authority in government. Obama will ensure that federal agencies expedite the process for reviewing whistleblower claims and whistleblowers have full access to courts and due process.
Yeah. That statement seems a bit embarrassing at the very same time Obama’s administration is threatening trade sanctions against anyone who grants asylum to Ed Snowden. Also… at the same time that we get to see how whistleblower Bradley Manning’s “full access to courts and due process” will turn out. So far, it’s been anything but reasonable, considering that the UN has already condemned Manning’s treatment as “cruel and inhuman.” And people wonder why Snowden left the country…
MY COMMENT: Yeah, Hope and Change my ass.
Bonus: Make you own Hope and Change poster here.
America’s spies– our bad guys who sold secrets to other countries, Ames, the Walkers, Pollard– worked for money. Their motives were straightforward and they clearly, actively sought to trade secrets away for personal gain. They choose secrets such as code ciphers of specific interest and value to the enemy.
But what about now? The people Obama is/has/will be prosecuting under the Espionage Act (Manning, Drake, Snowden) did not act for money (quite the contrary; all suffered personally for their actions) and instead of informing a foreign power, they sought to inform the American people. That is not spying.
Our current whistleblowers were all vetted multiple times by the U.S. Government. If Snowden’s publically available bio is true, he was vetted by the Army, the CIA, the NSA and again as an NSA contractor. What happened?
What happened was conscience, and God bless us all for it.
History recognizes the need to act on conscience when faced with unconscionable situations. Dietrich Bonhoeffer, writing about Kristallnacht, said “Silence in the face of evil is itself evil: God will not hold us guiltless. Not to speak is to speak. Not to act is to act.” The Nuremberg prosecutors reminded the accused that “Individuals have international duties which transcend the national obligations of obedience. Therefore individual citizens have the duty to violate domestic laws to prevent crimes against peace and humanity from occurring.” Dr. Martin Luther King, writing from a Birmingham jail cell, said “One may well ask: ‘How can you advocate breaking some laws and obeying others?’ The answer lies in the fact that there are two types of laws: just and unjust. I would be the first to advocate obeying just laws. One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. I would agree with St. Augustine that ‘an unjust law is no law at all.’”
Bradley Manning provided no real aid and comfort to the enemy. Among other horrific events, he exposed what was a war crime to everyone but the U.S. Government as civilians and journalists were machine gunned from the air. He exposed U.S. murder of Iraqi civilians. He shared with the American people exactly what was being done in their name. None of that information was secret for any legitimate reason (it was kept quiet to protect the USG from embarrassment and/or prosecution), and it certainly was not secret to the “enemy;” they knew damn well what we were doing.
The case is the same with Snowden. He simply told the American people, in much greater detail than the Government wished to reveal, what their own government was doing to them. The NSA spying focused on Americans, and even as the government seeks to justify it the case weakens around them. Indeed, all that surveillance failed to even catch Snowden gathering documents from the inside but we’re supposed to believe it has saved us from terrorism? Once again, the people most informed by the leaked material were the American people, not any imagined generic “enemy.” Indeed, most of the enemy comes from police-state countries where surveillance (and torture, another recent U.S. activity) is routine and overt. They knew damn well what we were doing. Bin Laden stopped using cell phones a decade ago.
If I could shout into the White House, it would be something like this:
Your own guards are turning against your surveillance and secrecy. People whom you vetted are being moved into glorious, selfless democratic acts of conscience by your lies and your actions. If the government continues to treat every citizen as a potential terrorist, more and more of them will be moved to act, to uphold their true oath of office– to uphold and protect the Constitution from all enemies, foreign and domestic.
Are you not aware Mr. Obama that one whistleblower, Assange, is living in a foreign embassy for his own protection from you, while another, Snowden, is said to be headed for asylum somewhere abroad for his own safety? During the Cold War and onward, it was American Embassies abroad that provided shelter and asylum to political victims. You can expect more leakers, and by focusing your response on arresting the messengers instead of changing your policies, you will in fact assure it as your legacy.
As a public service to Obama and his spanking-new National Security Advisor Susan Rice (Rice’s autobiography should be titled Failing Upward by Sucking Upward), here is a handy checklist to consult before deciding to intervene further in Syria.
Is it Iraq again? That went well.
Does it have oil?
Does it pose a direct threat to America, i.e., knife to our throat?
Can you define specifically what U.S. interests are at stake (no fair just citing generic “world peace” or “evil dictator”)?
Is Syria’s evil dictator somehow super-worse than the many other evil dictators scattered across the world where the U.S. is not intervening?
Did Syria attack any U.S. forces somewhere? Kidnap Americans? Commit 9/11?
Does the U.S. have a specific, detailed follow-on plan for what happens if Assad departs?
Does the U.S. have a specific plan to ensure weapons given to the rebels, some of whom are openly al Qaeda, won’t migrate out of Syria as they did in Libya?
Does the U.S. believe its secret deal with the rebels to hand over Syria’s chemical weapons after they take power is airtight?
Can the U.S. tell with accuracy the “good” rebels from the “bad” rebels?
Has the U.S. considered in detail what affect a rebel (Sunni) victory in Syria will have on chaotic Iraq next door?
Why are Syria’s chemical weapon so different than say North Korea’s or anyone else’s that intervention is a good idea?
Extra Credit Questions
If the U.S. is regime-changing in Syria, why does the U.S. still diplomatically recognize the Syrian government? Discuss.
Why did the U.S. render prisoners to Syria for torture by Assad just a few years ago but now thinks he is an evil dictator? Discuss.
Since the American electorate overwhelmingly chose Obama over McCain in 2008, why is Obama acting more like McCain every day? Discuss.
Exactly why, after Iraq, Afghanistan, Libya, and drone wars everywhere, does the U.S. need to get sucked in to yet another Middle East quagmire? Discuss.
Obama and Rice, if the answer was “No” to any of the above questions, you should not intervene in Syria.
Bonus: The blogging software I use for this site requires “tags” be created to mark posts for searches. When I first started, the only country tag I needed was “Iraq.” Since then I have had to add Afghanistan, Libya, Yemen, Iran, multiple African nations and now Syria as places America is openly at war.
This Memorial Day, in addition to our own dead, we remember the 4,700 people (estimated; the actual body count is classified and/or unknown) killed by American drones. While some were terrible people, many were collateral damage, innocents murdered by accident and simply tossed into the ever-growing pile of horrors the United States has created through its fear and paranoia (some, such as Nobel Peace Prize recipient Obama, still insist on calling it self-defense.)
The drone death toll is subject to debate; the 4,700 number is from Senator Lindsey Graham, a happy proponent of drone killings. Other have placed the count as low as 1,700. Some use a higher number than Graham, including in the math military strikes in combat. We now know that whatever the total number, at least four of the dead were American Citizens murdered by their own government without due process in clear violation of the Constitution.
So here they are. Pick an X below and imagine a person. Then kill him. It is your right as an American.
Happy Memorial Day.
(As a secular act of Kaddish, a meditation, I typed the X’s one by one, all 4,700 of them. Amen)
Attorney General Eric Holder told Congress that U.S. drone strikes since 2009 have killed four Americans — three of whom were “not specifically targeted.”
As Dangeroom reports, for all the effort that Obama has gone to in asserting that its drones only kill the people that the administration selects to kill, Holder wrote in a letter to Senator Patrick Leahy that Samir Khan, 16-year-old Abdulrahman Awlaki and Jude Kenan Mohammad were “not specifically targeted by the United States.” The fourth American to die in a drone strike since 2009 was Abdulrahman’s father Anwar Awlaki, an al Qaeda propagandist who never fired a shot in anger, but whom the U.S. killed in Yemen in 2011.
I have re-read the Constitution and it says nothing about the Bill of Rights not applying to Americans who join terror groups. The Fifth Amendment to the Constitution guarantees “no person shall be deprived of life without due process of law” and include no exceptions for war, terrorism, or being a really bad human being.
I don’t like terrorists, but I do love our Rights as Citizens. If you support rights such as the Second Amendment’s right to bear arms for example, you gotta also take the rest. It is not a menu.
Well, some say, the police shoot criminals who pose an imminent threat without due process all the time. True enough, but the police shootings are often unjustified, but when they are the event happens spontaneously and the cop has to make a life-or-death decision in a split second. The drone killings are planned and well-thought out– premeditated murder.
Drones are surgical strikes, precision smiting of only America’s worst enemies? Then how come the White House admits that three of the four Americans it killed were “not specifically targeted.” In other words, fatal mistakes, collateral damage. Same dead Citizens.
The actual acknowledged death count of Americans killed by their own government is five. Prior to the Obama administration, Kamal Derwish died in a strike launched in Yemen in 2002 under George W. Bush.
We have survived as a nation a very long time without having to resort to this. Why now? Are terror groups so uniquely and specially dangerous? No, of course not. What has happened is that a technology– drones– has morphed into a policy. Obama falsely thinks the drones are clean and of little risk. By stepping off the edge and throwing out the Constitutional protections we have enjoyed for so many years, and for which so many have fought and died, he is doing more damage to America than some bomb. The arguments are old, but I guess we need to roll them out once more: once you unleash the authority to kill you do not know where it will stop. Once you start killing to prevent the possibility of a future act, where will it stop? Once you start creating unconstitutional exceptions to the Constitution, where will it stop? Blasting away a slug like Awlaki is not worth this.
Can’t happen here? FBI Director Mueller, appearing before a House subcommittee, said that he simply did not know whether he could order an assassination of his own against an American here in the U.S. “I have to go back. Uh, I’m not certain whether that was addressed or not” and added “I’m going to defer that to others in the Department of Justice.”
The Constitution was drafted to protect especially citizens whose actions were disfavored by the majority. We cannot let terrorism change the very fabric of America. We must stop now and see past the anger and fear to the bigger picture. This is the government assassinating U.S. citizens without even an indictment–much less a trial. We should all be concerned.
And afraid. I don’t like that as an American I must live in fear.
Colonel Morris Davis was the Chief Prosecutor for the terrorism trials at Guantanamo Bay for more than two years. He resigned rather than be forced to use information obtained by torture in his prosecutions.
More than 160 men who have never been charged with any offense, much less convicted of a war crime, remain at Guantanamo with no end in sight. There is something fundamentally wrong with a system where not being charged with a war crime keeps you locked away indefinitely and a war crime conviction is your ticket home. Over 100 of the 166 men who remain in Guantanamo are engaged in a hunger strike in protest of their indefinite detention. Twenty-one of them are being force-fed and five are hospitalized.
Some of the men have been in prison for more than eleven years without charge or trial. The United States has cleared a majority of the detainees for transfer out of Guantanamo, yet they remain in custody year after year because of their citizenship and ongoing political gamesmanship in the U.S.
This year, for Mom’s sake (you know she’ll be proud of you!), help Davis tell the President it is time to end Guantanamo. What you need to do is simple: add your name to Davis’ petition right now.
“The card was from Lesotho, a country I learned which was one of them African nations you never hear about. The Lesothoians wrote ‘Thanks for Not Invading Us’ and claimed to be one of the last places on earth that had not been invaded by the United States, either on foot or by drone or via our sneaky Pete special forces. Got me to thinking, so I called up Barack. We talk from time to time, usually when he can’t find something around the White House and needs my help.”
“It was George’s call that made me get out the map,” said Obama. “I didn’t want to bother the Joint Chiefs, and the CIA was tied up with new prisoners, so I just used one of Sasha’s from school. Turns out George was right, there was a country called Lesotho– it was even on Wikipedia– and as best I could tell the U.S. had not ever invaded it. I made a quick call to the Pentagon and they said they weren’t sure if it was a country, but they were sure we had not invaded it. The guy over there asked me if I wanted to invade it, he’d get things started, but I said I’d want to think about it.”
“So Barack called me back, and as we were talking we realized between the two of us we had invaded, droned, sent Special Forces, set up secret prisons, had CIA sites and what have you just about everywhere else in the world. You know, there after 9/11 I kinda let Dick Cheney run things for awhile, and he may have done a lot of it but darn it, it turns out I signed off on a bunch of them myself. You don’t think of it as you do them one-by-one but over time the countries really add up.”
“Once I started making my own list,” continued Obama, “it was damn near everywhere.”
“Everywhere,” said Bush, “‘Cept maybe that Lesotho place.”
“I was faced with a real quandary,” continued Obama. “But then George and I got to talking.”
“Turns out,” said Bush, “between the two of us we had damn near bankrupted the U.S. with wars every freaking place, but Lesotho. I logged on my secret worldwide cabal account, and sure enough, almost all of the U.S. tax money had been transferred into my Rothschild MegaFund, in Chinese currency no less. Since I was online anyway– damn AOL account is so slow and I hate that modem sound– I started reading these ‘blogs’ and message boards and it turns out most people around the world hate the U.S. Nobody told me.”
“George was right. The Secret Service doesn’t let me get online much, but I kept this kinda secret account from Michele so I could, um, look at, um, nature photography sites, and people really did hate us. Pretty much everyone except Lesotho.”
“So me and Barack put two and two together. We made a list of all the places the U.S. had messed up since 9/11 and then sent a note to the Pentagon and Langley recalling every soldier, spook, analyst, torturer, diplomat and all the rest. Everybody– just brought them all back to the U.S. in one awesome Executive Order.”
“Should I tell him George?”
“Nah, it’s a surprise… oh hell, go ahead Barack.”
“We didn’t recall any Americans. I just ordered a nuke strike on Lesotho. April Fool!”
In his State of the Union Address, the president said that the federal minimum wage should be raised to nine dollars an hour. He said also that a person holding down a full-time job should not have to live in poverty in a country like America. I could not agree more; for the last few months I’ve lived like the people the president referred to and it is not a pretty picture.
As research for my new book, I have been working in the minimum wage economy and trying to live on the money I make. The situation is much, much worse than the president described in his Address, a tragedy for our society. Here’s what it looks like.
Once Upon A Time
The last time I worked for minimum wage was in a small store in my Ohio hometown, almost a right of passage in high school, pulling in about four bucks an hour stocking shelves alongside my friends. Our girlfriends ran the registers, our moms and dads shopped in the store and a good story about a date could get you a night off from the sympathetic manager. When someone graduated, the manager would hire one of the workers’ friends and the cycle continued.
The New World
At age 53 I expected to be quizzed about why I was looking for minimum wage work in a big box retail store. No one cared; instead, the application process included a background and credit check, along with a drug test. Any of those anonymous agencies could have vetoed my employment and I’d never even know about it. Most places that don’t pay much seem really concerned that their workers are drug-free. I’m not sure why this is, because you can be a banker or lawyer and get through the day higher than angels on a cloud. Regardless, I did what I had to in front of another person, handing him the cup. He gave me one of those universal signs of the underemployed I now recognize, a “we’re all in it, what’re ya gonna do” look, just a little upward flick of his eyes.
After hiring I watched a video on theft. The interesting thing was that in addition to warning us about stealing candy for breaks, we were not to steal time. The store paid us for our time and so even if we snuck out for a breath of air or flipped through a magazine, we were stealing time. Would we have liked someone from the store to come to our home (or, I guess, day-rate motel room, car back seat, shelter bunk or cardboard box under a bridge) and have them do whatever the heck the store would want from us there?
New break policy: zero to five and a half hour shift, no break. New schedule policy: all shifts reduced to five and a half hours or less. Somebody said it was illegal not to give us breaks, but what can you do, call the cops like it was a real crime? It turns out in fact that in my state employers are not required to grant breaks to anyone over age 16; in some places minimum wage workers do eight and nine hours shifts without a meal or a chance to get off their feet for a few minutes. No one gets sick leave, holidays or accrues vacation time. No health benefits.
Eight hours on your feet is tough, but what about sixteen? At age 53 I was the third oldest minimum wage worker at the store. With one or two exceptions, everyone on the schedule worked multiple jobs, often in adjacent stores in the same strip mall. They have to: even if the store gave us 40 hours a week for a year (a big, big if, as most places cap workers at 39 hours to avoid them becoming “full time” and possibly qualifying for benefits. In my case, as work expands and contracts, I’ve been scheduled for as few as seven hours a week at one store, without notice that my hours were going to be cut), your annual income would be only about $15k, before taxes of course. The stores adapted, actually trying pretty hard to create schedules that allowed everyone to hold down their two or three jobs. It was the norm, a fact of life, something for business to adjust to.
Who We Are
Who are the workers? They are adults, many single moms (64% of minimum wage employees are women), a veteran from Iraq (“the Army taught me to drive a Humvee which turns out not to be a marketable skill”), another retired guy, a couple of students who alternate semesters at work with semesters at the local community college and a small handful of recent immigrants. One guy said that because the big boxer drove his small store out of business he had to take a minimum wage job, which only pays him enough so that he sort of has to buy at the big box store. They made him a greeter at the front door and told him to be enthusiastic. He was. That guy was like Patient Zero in our New Economy.
There is no ladder up, no promotion path. Most of us were just trying to make a little money. But some people had been yelled at too many times, or were too afraid of losing their jobs. They were broke. People—and dogs—don’t get like that quickly; it has to build up on them, or tear down on them, like erosion, one thing after another nudging them deeper into it. Then one day, if the supervisor told them by mistake to hang a sign upside down, they’d do it, more afraid of contradicting the boss than making an obvious mistake. You’d see them rushing in early to stand next to the timeclock so they would not be late. One broke down in tears when she accidentally dropped something, afraid she’d get fired on the spot for it. They walk around like the floor was all stray cat tails. It is a lousy way to live as an adult, your only incentive for doing good work being they’d let you keep a job that made you hate yourself for another day.
You had to pay attention, but not too much. It was an acquired skill. Enough time in this retail minimum economy and it was trained into you for life, but for newcomers like me it was a slow process of getting pushed back into the ground every time we had a accidental growth spurt. None of us was trying to be great, just satisfied. This was just grey bread as you felt yourself getting more and more tired each day.
About 30 million Americans work this way, live this way, at McJobs. We pop up like Brigadoon during election cycles, often as caricatures like Joe the Plumber, or as props for an important speech. In between such appearances, about half of all single-parent families live in poverty. These situations are not unique. Wal-Mart has more than two million employees; if Wal-Mart was an army, it would be the largest military on the planet behind China. Wal-Mart is the largest overall employer in the U.S., and the biggest employer in twenty-five states.
More than Minimum
I did work in retail for minimum wage, both at age 16 and again at age 53. While I lived a life from teenager stocking shelves to older adult stocking shelves, the minimum wage only rose by a few bucks. The minimum wage today is $7.25—is a big latte really what an hour of my labor is worth? While the money has not changed, what has changed is who is now working these minimum wage jobs. Once upon a time they were filled with high school kids earning pocket money. In 2013, the jobs are encumbered by adults struggling to get by. Something is wrong.
So to the president I say, yes, please, do raise the minimum wage. But how far is the proposed nine bucks an hour going to go? Are we going to do eight hours of labor for the cell phone bill? Another twelve for the groceries each week? Another twenty or thirty for a car payment? How many hours are we going to work? How many can we work? Nobody can make a real living doing these jobs. You can’t raise a family on minimum wage. And you can’t build a nation on the working poor. Maybe what we need is to spend more on education and less on war, even out the tax laws and rules just a bit, require a standard living wage instead of a minimum one. That’s not all the answer, but it is a start. The president is right that it is time for a change, but what is needed is much more than a nudge up on the minimum wage.
Working for minimum wage, I came to know that these were real problems, with real people behind them, lives. We have to decide if all this is just about money or if it is about more, about society, about how we live, about people, about America.
Q: If the United States kills an American overseas for political reasons, it is called…
The Government of the United States, currently under the management of a former professor of Constitutional law, is actively killing its own citizens abroad without any form of due process. This is generally seen as a no-no as far as the Bill of Rights, the Magna Carta and playground rules goes. The silly old Fifth Amendment to the Constitution guarantees “no person shall be deprived of life without due process of law” and include no exceptions for war, terrorism, or being a really shitty human being.
On or about May 7, 2011 a US military drone fired a missile in Yemen (which is another country that is not our country) aimed at American Citizen Anwar al Awlaki, a real-live al Qaeda guy. The missile instead blew up a car with two other people in it, quickly dubbed “al Qaeda operatives” since we killed them. The US has shot at al Awlaki before, including under the Bush administration. In justifying the assassination attempt, Obama’s counterterrorism chief Michael Leiter said al Awlaki posed a bigger threat to the U.S. homeland than bin Laden did, albeit without a whole lot of explanation as to why this was. But, let’s be charitable and agree al Awaki is a bad guy; indeed, Yemen sentenced him to ten years in jail (which is not execution, fyi) for “inciting to kill foreigners” and “forming an armed gang.”
While the al Awlaki killing is old news, the new news is that the drone that did him fly out of a previously secret U.S. base in Saudi Arabia. Conveniently, that base was secret pretty much only from the American public, as it turns out that an “informal arrangement among several news organizations that had been aware of the location for more than a year.” Those news organizations included the New York Times, the Washington Post, the Associated Press and Fox. The limp newsies kept the secret because the Obama administration claimed disclosure might carry “potential national-security risks.” The U.S. militarization of Saudi Arabia after the 1991 Gulf War is often cited by al Qaeda as one of its prime recruitment tools, so the disclosure indeed reveals a significant dumb ass decision by the U.S.
Attorneys for al Awlaki’s father tried to persuade a US. District Court to issue an injunction preventing the government from the targeted killing of al Awlaki in Yemen, though a judge dismissed the case, ruling the father did not have standing to sue. My research has so far been unable to disclose whether or not this is the first time a father has sought to sue the US government to prevent the government from killing his son but I’ll keep looking. The judge did call the suit “unique and extraordinary” so I am going to go for now with the idea that no one has previously sued the USG to prevent them from murdering a citizen without trial or due process. The judge wimped out and wrote that it was up to the elected branches of government, not the courts, to determine whether the United States has the authority to murder its own citizens abroad.
Just to get ahead of the curve, and even though my own kids are non-terrorists and still in school, I have written to the president asking in advance that he not order them killed. Who knows what they might do? One kid has violated curfew a couple of times, and another stays up late some nights on Facebook, and we all know where that can lead.
The reason I bring up this worrisome turn from regular person to wanted terrorist is because al Awlaki used to be on better terms with the US government himself. In fact, after 9/11, the Pentagon invited him to a luncheon as part of the military’s outreach to the Muslim community. Al Awlaki “was considered to be an ‘up and coming’ member of the Islamic community” by the Army. He attended a luncheon at the Pentagon in the Secretary of the Army’s Office of Government Counsel. Al Awlaki was living in the DC area at that same, the SAME AREA MY KIDS LIVE, serving as Muslim chaplain at George Washington University, the SAME UNIVERSITY MY KIDS might walk past one day.
Even though Constitutional law professor Obama appears to have skipped reading about the Fifth Amendment (release the transcripts! Maybe he skipped class that day!), courts in Canada have not.
A Toronto judge was justified in freeing an alleged al Qaeda collaborator given the gravity of human rights abuses committed by the United States in connection with his capture in Pakistan, the Ontario Court of Appeal ruled. Judges are not expected to remain passive when countries such as the US violate the rights of alleged terrorists, the court said Friday.
“We must adhere to our democratic and legal values, even if that adherence serves in the short term to benefit those who oppose and seek to destroy those values,” said the Canadian court.
Golly, this means that because the US gave up its own principles in detaining and torturing this guy, the Canadians are not going to extradite him to the US. That means that the US actions were… counterproductive… to our fight against terrorism. The Bill of Rights was put in place for the tough cases, not the easy ones. Sticking with it as the guiding principle has worked well for the US for about 230 years, so why abandon all that now?
Meanwhile, I’ll encourage my kids to stay inside when they hear drones overhead.
Here are the Department of Justice’s legal arguments granting permission to the president to assassinate Americans if they are connected with al Qaeda, essentially destroying rights guaranteed citizens since the Magna Carta– right to life, right to a trial, right to due process.
This will be one of the documents historians study years from now while chronicling the end of the American experiment in democracy. Those historians will conclude that no foreign power defeated us; we ate ourselves.
Torture as American Policy
The release of these legal arguments comes on the same day that the Open Society Foundation detailed the CIA’s effort to outsource torture since 9/11 in excruciating detail. Known as “extraordinary rendition,” the practice concerns taking detainees to and from U.S. custody without a legal process — think of it like an off-the-books extradition — and often entailed handing detainees over to countries that practiced torture. The Open Society Foundation found that 136 people went through the post-9/11 extraordinary rendition, and 54 countries were complicit in it. The U.S. worked with Iran to take new prisoners, and sent others into Assad’s Syria for torture.
Justification to Ignore the Constitution
According to MSNBC, the undated DOJ memo is entitled “Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa’ida or An Associated Force.” It was provided to members of the Senate Intelligence and Judiciary committees in June by administration officials on the condition that it be kept confidential and not discussed publicly. The white paper was represented by administration officials as a policy document that closely mirrors the arguments of classified memos on targeted killings by the Justice Department’s Office of Legal Counsel. The administration has refused to turn over to Congress or release those more detailed memos publicly, or even to overtly confirm they existence.
In the DOJ white paper, it is determined that in order for the United States of America to kill one of its own citizens, all that is needed is that “an informed, high-level official of the U.S. Government has determined that the targeted individual poses an imminent threat of violent attack against the United States,” and that capture is not feasible and of course that the laws of war are followed. For those tracking the amount of blood on the president’s hands, note that no review takes place, no due process, no jury, no anything, just death because the president (or, technically, any anonymous informed high-level official) says kill that man, woman or child. This is considered by the Department of Justice to be “a lawful act of national self-defense.”
DOJ specifically states that if the targeted individual had rights under the Fourth Amendment and the Due Process Clause, such rights would not “immunize him from a lethal operation.”
The Fourth Amendment is a now-quaint part of the U.S. Constitution that guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause. The Due Process Clause is contained in the Fifth and Fourteenth Amendments to the United States Constitution. It once acted as a safeguard from arbitrary denial of life, liberty, or property by the Government. The clear intent of Due Process, appearing twice in the Constitution, is to assure Americans that the government cannot act against them outside of a judicial process, a set of laws to protect against the government having too much power.
The Department of Justice also concludes that the murder of an American Citizen under such circumstances “would not violate certain criminal provisions prohibiting the killing of U.S. nationals outside the United States; nor would it constitute the commission of a war crime or an assassination prohibited by Executive Order.”
It was found that “the realities of the conflict and the weight of the government’s interest in protecting its citizens from an imminent attack are such that the Constitution would not require the government to provide further process to such a U.S. Citizen before using lethal force.”
The document notes that “the condition that the operational leader present an imminent threat of violent attack against the United States does not require the United States to have clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future.” Instead, DOJ asserts a “broader definition of imminence.”
Neatly, to conclude their argument, the Department of Justice states that due to the unique circumstances of the conflict with terror, “there exists no appropriate judicial forum to evaluate these constitutional considerations.”
The End of the Experiment
One is left literally gasping for air, pale with anger, wondering what we have become in America. Have we stooped to the level of the Nazi Nuremberg Laws, which in precise legalese justified the Holocaust? Have we reached the point where we believe we must destroy our beautiful Constitution in order to save it?
Of what value anymore is the oath all Federal employees take, the same oath Obama took on the steps of the Capitol last month, promising to defend and uphold the Constitution? What value is that oath when with a memo he deems that that Constitution does not apply when there is killing to be done abroad. What type of nation declares war on its own citizens?
Those questions are left rhetorical for now, but this much is now true: the president of the United States has granted himself legal justification to ignore the most basic tenet of freedom– the right to live– and empowered himself to kill his own citizens without any form of due process or judicial procedure. It is an easy way for a writer to grab headlines, claiming such-and-such is the end of our rights, such as the limits imposed on habeas corpus, online spying, no-fly lists, restrictions on free speech, etc. But now we have truly approached the edge, because when you are dead, killed extra judicially by your own government, well, no other theoretical rights really matter anymore.
Abu Graid, Guantanamo, the CIA secret prisons, imprisonment without trial of Bradley Manning, those are not aberrations or exceptions– they were practice. These are indeed the darkest of days for our democratic experiment.
During those eight years we lost ourselves. Following a singular day– one day– of terror attacks, we set fire to the whole world. Willingly, almost gleefully, we invaded Afghanistan and Iraq, the former on the promise of bloody revenge and the latter based on flimsy falsehoods that today seem as real as childhood beliefs. But we wanted to believe and so it was easy to lie to us, just like with the Tooth Fairy.
Worse yet, we turned on ourselves. With a stroke of a pen, we did away with 200 some years of bitterly fought for civil rights– silence the First Amendment and do away with critics and whistleblowers, rip open the Fourth Amendment and allow the government to spy into our lives. Plumbing for the depths of evil, we as a nation tortured men, created an archipelago of secret prisons, a regime of indefinite confinement and renditions to feed our concentration camps, hungering for flesh. How much would be enough for revenge? When even that was not enough, we unleashed death from the sky, smiting people who bothered us, maybe occasionally threatened us, often times simply people who were near by or looked like our possible enemies. In the calculus of the day, we would kill them all without a concern that any deity would sort the bodies out later.
Then in 2008 hope we were sold and we slobbered over it like the pigs we had become. He was a king, awarded a Noble Peace Prize simply for not being George W. Bush. He could have turned it all around, in those first weeks he could have asked the rivers to flow backwards and they just might have. He could have grounded the drones, torn up the Patriot Act, held truth commissions to bring into the light our tortures, re-emancipated America in ways not unlike Lincoln did in the 1860s. Slam shut the gates of Guantanamo, close the secret prisons that even today still ooze pus in Afghanistan, stop the militarization of Africa, bring the troops home, all of it, just have done it. What a change, what a path forward, what a rebirth for an America who had lost her way so perilously.
Today, this day, four years later we are left with only ironic references to where we were and what we had been. We re-elected him mainly just because he wasn’t the other guy, everybody’s reluctant guilty choice. We now today go though the motions of a celebratory inauguration like an old married couple dutifully maintaining civility where joyous lust once was. We are raising a second generation who accept that their nation tortures, invades, violates and assassinates, all necessary evils requiring us to defame democracy while pretending to protect it.
People who saw the movie Lincoln were struck by the personal anguish the president then brought upon himself ordering men to their deaths in support of a moral cause, ridding this nation of the horrors of slavery, human bondage, once and for all. That president enduring many necessary evils in pursuit of a goal he knew to be noble, the unfinished work of creating a truly democratic and just nation. On this same day we celebrate the legacy of Dr. Martin Luther King, who wrote to us all from a jail cell in sweltering Birmingham to remind that injustice anywhere is a threat to justice everywhere. King’s guidance in that letter was that the “means we use must be as pure as the ends we seek.” We cannot fight wrongs by committing wrongs.
So you Barack, who so shallowly call forth Lincoln’s legacy, for what cause do you condone our modern necessary evils? For what noble crusade do you allow the torturers to walk free? To claim the right to kill people, even Americans, anywhere in the world simply because you can do so? Why do you prolong the war, long ago not just lost but rendered pointless, in Afghanistan? On what crusade do you keep your enemies in Guantanamo?
Lots of talk today, inauguration day, Martin Luther King Day. But those are the questions Mr. Lincoln and Dr. King would demand answers for from their graves, Mr. Obama.
Mother Jones weighs in with an excellent analysis of the a new law supposedly expanding whistleblower protections for some government employees. Obama also signed the 2013 National Defense Authorization Act (NDAA), which extends similar protections to defense contractors who expose waste and corruption. But the NDAA signing came with a caveat that blindsided the bill’s backers and has some in the whistleblower community up in arms: In a “signing statement,” (remember how George W. used those to circumvent the law?) Obama wrote that the bill’s whistleblowing protections “could be interpreted in a manner that would interfere with my authority to manage and direct executive branch officials,” and he promised to ignore them if they conflicted with his power to “supervise, control, and correct employees’ communications with the Congress in cases where such communications would be unlawful or would reveal information that is properly privileged or otherwise confidential.”
Mother Jones was also kind enough to quote me in the article as saying the signing statement “is merely another expression of [the Obama] administration’s hostile policy toward all whistleblowers…It disappoints me, and devalues my own efforts to bring transparency to the government.”
Read the full article on Mother Jones.
I grow weary of “journalists” who don’t get counterinsurgency. So I’ll try and use simple words: We kill the bad guys so that the LEGITIMATE GOVERNMENT can assert its control. The key to why almost every counterinsurgency struggle fails (Vietnam and Iraq are my faves) is the absence of that legitimate government. The U.S., using massive firepower, clears a hole that is filled either by the legitimate government should one exist, or, if not, by the insurgents, or, in worse case scenarios like Libya, no one and chaos ensues.
If you are Alissa Rubin of the New York Times, or know her, or read her dumb ass piece on Afghanistan in the Times, please re-read that opening paragraph above until it makes sense. Go ahead, I’ll wait.
Reporting from Helmand Province
Rubin reports to us from Helmand Province, Afghanistan, the once-to-be center of Greater Georgebushistan, when the U.S. had any plans for Afghanistan other than trying to figure out the best way to just make it all go away. It seems while we’ve been at the bar waiting for a table, 21,000 Marines have been surging the heck out of Helmand, clearing naughty Taliban out left and right. Rubin is now surprised that since the Marines have cut back to about 6500 on the ground, the Taliban are “creeping back.”
Counterinsurgency tip no. 147: Don’t fight the big guys, especially when you know they’ll only be around for a short while. Let them surge in as you surge out and then when their numbers drop off, move back in and reclaim your turf. Still not sure? Watch what cockroaches do when you flip on the kitchen light at night– do they stand on their hind legs and try to tear the insecticide can from your hands?
Now back to that legit government. Rubin does seem to have a bit of a clue when she quotes a local:
Afghan forces now control his district, he said, but will not be able to hold it unless “the foreigners manage to get rid of corruption in the Afghan government, in the districts and the province levels.”
“Before the Marines launched this big offensive, Marja was the center of the opium trade,” said Ahmad Shah, the chairman of the Marja development shura, a group of elders that works with the government to try to bring change here. “Millions and millions of Pakistani rupees were being traded every day in the bazaar. People were so rich that in some years a farmer could afford to buy a car.
“We were part of the eradication efforts by the government, and if they had provided the farmer with compensation, we could have justified our act. But the government failed to provide compensation, and unless it does so, the people will turn against us or join the insurgency and be against development, as they were during the Taliban.”
A corrupt government that fails to ensure the livelihood of its people will not win a counterinsurgency war. The Marines can hold off the Taliban temporarily indefinitely, but they will never be an Afghan government.
To wit from a half-wit:
Hajji Atiqullah, the tribal leader in Nawa, says the road between his city and the provincial capital, Lashkar Gah, has been life-changing. “This road will last for many years, and I think people will remember it as one of the biggest contributions of the American Marines,” he said.
Other economic benefits, however, are dwindling as the Western troops leave. The surge brought jobs for many rural residents. There were small irrigation and construction projects, which are finished now. In Marja alone, about 1,400 people were hired to work for the informal security forces set up by the Marines at the height of the surge, according to elders in Marja. But when the Interior Ministry began to integrate these forces into the Afghan Local Police, they offered places to only 400, said Mr. Shah, the chairman of the development shura. As the rest find themselves jobless, village elders say, they will turn to whoever will protect them, even if that is the Taliban or criminals.
Counterinsurgency tip no. 672: If the government must rely on foreign troops to protect the people, it cannot be seen by the people as legitimate.
Looking for an Optimist
Rubin wonders “So why, then, was it so difficult to find an optimist in Helmand Province?”
Let’s help her figure that out by calling the Times and reading out loud to her: “Counterinsurgency will always fail without a legitimate government and Afghanistan does not have one. The Afghan government was created by the U.S. for our own domestic political purposes. It is corrupt. It cannot secure its people and cannot provide them with a way of living.”
Let us now return to the words of the best writer on counterinsurgency, Bernard B. Fall, who covered both the French and the American defeats in Vietnam. Fall said:
The French in Algeria learned every lesson from the French in Viet-Nam. The troop ratio there was a comfortable 11-to-1. The French very effectively sealed off the Algerian-Tunisian border, and by 1962 had whittled down the guerrillas from 65,000 to 7,000… It cost 3 million dollars a day for eight years, or $12 billion in French money. The “price” also included two mutinies of the French Army and one overthrow of the civilian government. At that price the French were winning the war in Algeria, militarily. The fact was that the military victory was totally meaningless. This is where the word “grandeur” applies to President de Gaulle: he was capable of seeing through the trees of military victory to a forest of political defeat and he chose to settle the Algerian insurgency by other means.
Some of these wars, of course, can be won, as in the Philippines, for example. The war was won there not through military action (there wasn’t a single special rifle invented for the Philippines, let alone more sophisticated ordnance) but through an extremely well-conceived civic action program and, of course, a good leader–[Ramon] Magsaysay.
Civic action is not the construction of privies or the distribution of antimalaria sprays. One can’t fight an ideology; one can’t fight a militant doctrine with better privies. Yet this is done constantly. One side says, “land reform,” and the other side says, “better culverts.” One side says, “We are going to kill all those nasty village chiefs and landlords.” The other side says, “Yes, but look, we want to give you prize pigs to improve your strain.” These arguments just do not match. Simple but adequate appeals will have to be found sooner or later.
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