• Archive of "Democracy" Category

    1A Victory: SCOTUS Again Confirms ‘Hate Speech’ is Protected

    August 19, 2018 // 20 Comments »



    In the world we awoke to on November 8, 2016, a myth took hold among many progressive people that so-called “hate speech” — speech that demeans on the basis of race, ethnicity, gender, religion, age, disability — is not protected by the First Amendment. Even Howard Dean contributed to the falsehood.

    The Supreme Court just made it very, very clear that is wrong. Offensive and hateful speech is as protected as any other. It is vital to protect all speech, for the road of prohibiting speech one disagrees with is a slippery one. There is a right to offend; deal with it, snowflakes.




    A recent case, Matal v. Tam, focused on an all-Asian band called The Slants, who wanted to trademark their group’s name. “Slant” of course is one of a dictionary full of racist terms used to offend Asians, and the group wanted to push the word into the world’s face to disarm it, as gay men have done with the slur queer.

    The United States Patent and Trademark Office said no, the group could not trademark the name The Slants because of the disparagement clause, which denies federal trademark protection to messages that may offend people, living or dead, along with “institutions, beliefs or national symbols.” This same reasoning denied the Washington Redskins’ trademark renewal of their team name in 2014, seen as disparaging toward Native Americans.


    No more. The Supreme Court just ruled the government cannot use trademark law to stop people from promoting an (potentially offensive) name. That constitutes the government prohibiting free expression, a clear violation of the First Amendment.

    The First Amendment protects offensive speech, Justice Samuel Alito wrote in this unanimous decision. “The proudest boast of our free speech jurisprudence is that we protect the freedom to express ‘the thought that we hate,’” he said, quoting the classic 1929 dissent from Justice Oliver Wendell Holmes.

    (Trump-era snowflakes usually misapply Holmes’ famous line — not shouting fire in a crowded theatre — to justify banning offensive speech by claiming it incites violence. They’re wrong; it doesn’t work that way at all. The whole thing is laid out here.)

    “The danger of viewpoint discrimination,” Justice Anthony Kennedy wrote in The Slants’ case, “is that the government is attempting to remove certain ideas or perspectives from a broader debate. That danger is all the greater if the ideas or perspectives are ones a particular audience might think offensive, at least at first hearing. To permit viewpoint discrimination in this context is to permit government censorship.”

    The ACLU called the decision a “major victory for the First Amendment.”



    And… mic drop.

    The marketplace of ideas needs to be broad and deep, and awful people must be free to spew terrible words, into it, so they can be exposed and bad ideas shoved aside by good ones. That’s how the Founders intended the system to work, that is how it has worked through over 200 years of controversy, and the Supreme Court made it clear this week Trump, Howard Dean, Milo Yiannopoulos or your favorite nazi have no place in trying to change things.



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    Posted in Democracy, Post-Constitution America

    Brennan: “We have never before seen the approval or removal of security clearances used as a political tool”

    August 18, 2018 // 3 Comments »




    Last week Trump suspended former CIA head John Brennan’s security clearance.


    His defenders immediately rose to declare this shall not stand. Twelve former intelligence officials signed a statement criticizing Trump’s decision, claiming “We have never before seen the approval or removal of security clearances used as a political tool, as was done in this case… this action is quite clearly a signal to other former and current officials to stay silent.”

    Hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah.


    “The notion that you’re going pull somebody’s clearance because you don’t like what they did in government service or you don’t like what they say is deeply disturbing and very offensive,” said Fran Townsend, George W. Bush’s homeland security adviser.

    Hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah.


    The New York Times even asked “Was It Illegal for Trump to Revoke Brennan’s Security Clearance?” and wondered if Trump had violated Brennan’s First Amendment rights.

    Hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah.


    All those statements are completely and idiotically wrong. My clearance was revoked by my then-employer, the State Department, in 2011 for political reasons, to silence me and others, as part of the Obama war on whistleblowers. And I wasn’t alone. Jesselyn Radack then of The Government Accountability Project wrote “Peter Van Buren is the latest casualty of this punitive trend. The government suspended his top-secret security clearance – which he has held for 23 years – over linking, not leaking to a WikiLeaks document on his blog and publishing a book critical of the government.

    “As a whistleblower attorney, this has happened to numerous clients who have held security clearances for decades, but dare to say something critical of the government. Like with Thomas Drake, Bill Binney, Kirk Wiebe, Franz Gayl, and numerous clients, these life-long public servants have had their security clearances suspended. So these folks who have been in possession of security clearances for decades suddenly ‘raise serious security concerns’ because they criticize the government.”

    Hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah.


    And to save all those lazy journalists and former officials some time, the courts have long recognized (Thomas Egan v. Department of the Navy) the president has broad authority to establish and oversee the security clearance system and no one has a “right” to a security clearance. Brennan (and I!) may still may exercise First Amendment rights, albeit without access to classified material just like every other American not employed by the government in a sensitive position.

    In my case it cost me my job. In Brennan’s case, he’s now just another old man ranting on social media demanding Trump get off his lawn.

    Hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah hah.



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    I’m Alex Jones x Infinity Worse (on Twitter)

    August 15, 2018 // 3 Comments »




    Twitter just suspended Alex Jones for a week after he called on millions of people to pick up weapons to attack the press. I am still in the dark about what I said on Twitter that is x Infinity worse, as mine is a permanent suspension.


    Anyway, I hope with Alex Jones (and me) gone, your Twitter is better, kinder, more… ideologically pure. @jack seems to be on a campaign ahead of the midterms to make Twitter less politically diverse, so I hope that is good for you, not to have to block all those nasty contrary opinions and all. Soon enough it’ll be just down to what the Party wants you to read and for most people that is a comfortably numb place to be. I wish you well! You will learn, as I have, to love Big Brother. Twitter will help you learn.

    I’m tempted to create a new account and start over, but it would end up deep-sixed as quickly as Twitter could figure it out. In fact, someone would — as they did this time — go out of their way to snitch to the teacher that I am back vomiting up offensive or hate speech or that as a white male I am by definition not a person with ideas but simply a nazi misogynist racist to purge from the marketplace. The Nazis and the Soviets made excellent use of informers to enforce their ideological purity and the concept seems built into social media’s game plan as well. My kids have social media accounts — perhaps @jack could use them as informants.

    I went through this a few years ago, when the State Department tried to censor my book so you did not hear what was then a very contrary opinion, widely said to be wrong, that the U.S. had lost the Iraq war. I had a taste of the same in Iran this spring, when I was blocked by their government from using social media. So I understand where I am now, and maybe why my words seem to be so scary. Fear the silence, not the noise.

    Supreme Court Justice Louis Brandeis held people must discuss and criticize unpopular ideas, that free speech is not an abstract virtue but a key element at the heart of a democratic society. Even the fact that speech is likely to result in “violence or in destruction of property is not enough to justify its suppression.” Brandeis concluded “the deterrents to be applied to prevent violence and disruption are education and punishment for violations of the law, not abridgment of free speech.”

    Free speech is not an ends, it is a means, in a democracy. Shame on Twitter, et al, for treading on that mighty concept. Free speech is messy, and it is our essential defense against fascism, whether from the left or the right.

    And to quote Marx, even with a new account on Twitter, why would I want to be part of a club that’d have a guy like me as a member?




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    Talking Twitter Censorship on FOX

    August 13, 2018 // 9 Comments »

    Banned from Twitter, so I found another platform. I was on Tucker Carlson tonight talking about censorship. Can you hear me @jack?






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    Corporate Censorship Brought Us the America I Always Feared

    // 4 Comments »

    When I was in Iran earlier this year, the government there blocked Twitter, deciding for a whole nation what they can not see. In America, Twitter purges users, deciding for a whole nation what they can not see. It matters little whose hand is on the switch, the end result is the same. This is the America I always feared I’d see.

    Speech in America is an unalienable right, and goes as deep into the concept of a free society as any idea can. Thomas Jefferson wrote of the right flowing from his notion of a Creator, not from government. Jefferson’s 18th century invocation is understood now as less that free speech is heaven-sent and more that it is something existing above government. And so the argument the First Amendment applies only to government and not to all public speaking (including private platforms like Twitter) is thus both true and irrelevant, and the latter is more important.

    The government remains a terrifying threat to free speech. An Espionage Act prosecution against Wikileaks’ Julian Assange will create precedent for use against any mainstream journalist. The war on whistleblowers which started under Obama continues under Trump. Media are forced to register as propaganda agents. Universities restrict controversial speakers. The Trump administration no doubt will break the record (77%) for redacting or denying access to government files under the Freedom of Information Act.

    But there is another threat to freedom of speech now, corporate censorship. It is often dressed up with NewSpeak terms like deplatforming, restricting hate speech, or simply applying Terms of Service. Corporations always did what they wanted with speech. Our protection against corporate overreach used to rely on an idea Americans once held dear, enshrined as “I disapprove of what you say, but I will defend your right to say it.” The concept was core to a democracy: everyone supports the right of others to throw ideas into the marketplace independent. An informed people would sort through it all, and bad ideas would be pushed away by better ones. That system more or less worked for 240 years.

    For lack of a more precise starting point, the election of Donald Trump did away with near-universal agreement on defending the right to speak without defending the content, driven by a belief too much free speech helped Trump get elected. Large numbers of Americans began not just to tolerate, but to demand censorship. They wanted universities to deplatform speakers they did not agree with, giggling over the fact the old-timey 1A didn’t apply and there was nothing “conservatives” could do. They expressed themselves in violence, demanding censorship by “punching Nazis.” Such brownshirt-like violence was endorsed by The Nation, once America’s clearest voice for freedom. The most startling change came within the American Civil Liberties Union, who enshrined the “defend the right, not the speech” concept in the 1970s when it defended the free speech rights of Nazis, and went on to defend the speech rights of white supremacists in Charlottesville.

    Not so much anymore. The ACLU now applies a test to the free speech cases it will defend, weighing their impact on other rights (for example, the right to say the N-word versus the rights of POC.) The ACLU in 2018 is siding with those who believe speech can be secondary to other political goals. Censorship has a place, says the ACLU, when it serves what they believe is a greater good.

    A growing segment of public opinion isn’t just in favor of this, it demands it. So when years-old tweets clash with 2018 definitions of racism and sexism, companies fire employees. Under public pressure, Amazon removed “Nazi paraphernalia and other far-right junk” from its online store. It was actually just some nasty Halloween gear and Confederate flag merch, but the issue is not the value of the products — that’s part of any free speech debate — it’s corporate censorship being used to stifle debate by literally in this case pulling things out of the marketplace.

    Alex Jones’ InfoWars was deplatformed off download sites where it has been available for years, including Apple, YouTube (owned by Google), Spotify, and Amazon, for promoting “hate speech.” Huffington Post wondered why more platforms, such as Instagram, haven’t done away with Jones and his hate speech.

    That term, hate speech, clearly not prohibited by the Supreme Court, is an umbrella word now used by censorship advocates for, well, basically anything they don’t want others to be able to listen to or watch. It is very flexible and thus very dangerous. As during the McCarthy-era in the 1950s when one needed only to label something “Communist” to have it banned, so it is today with the new mark of “hate speech.” The parallels are chilling — it was in the McCarthy-era Hollywood created its infamous blacklists, actors and writers who could not work because of their political beliefs.

    Twitter is perhaps the most infamous platform to censor its content. The site bans advertising from Russian media outlets RT and Sputnik. Twitter suspends the accounts of those who promote (what it defines as) hate and violence, “shadow bans” others to limit their audience, and tweaks its trending topics to push certain political ideas and downplay others. It regularly purges users and bans “hateful symbols.” There are near-daily demands by increasingly organized groups calling on Twitter to censor specific users, with Trump at the top of that list. The point is always the same: to limit what ideas you can be exposed to and narrow debate.

    Part of the 2018 problem is the trust people place in “good companies” like Amazon, Facebook, and Twitter. Anthropomorphizing them as Jeff, and Zuck, and @jack is popular, along with a focus on their “values.” It seems to make sense, especially now when many of the people making decisions on corporate censorship are the same age and hold the same political views as those demanding they do it.

    Of course people age, values shift, what seems good to block today might change. But the main problem is companies exist to make money and will do what they need to do to make money. You can’t count on them past that. Handing over free speech rights to an entity whose core purpose has nothing to do with free speech means they will quash ideas when they conflict with what they are really about. People who gleefully celebrate the fact that @jack who runs Twitter is not held back by the 1A and can censor at will seem to believe he will always yield his power in the way they want him to.

    Google has a slogan reading “do no evil.” Yet in China Google will soon deploy Dragonfly, a version of its search engine that will meet Beijing’s demands for censorship by blocking websites on command. Of course in China they don’t call it hate speech, they call it anti-societal speech, and the propaganda Google will block isn’t from Russian bots but from respected global media. In the U.S. Google blocks users from their own documents saved in Drive if the service feels the documents are “abusive.” Backin China Apple removes apps from its store on command of the government in return for market access. Amazon, who agreed to remove hateful merch from its store in the U.S., the same week confirmed it is “unwaveringly committed to the U.S. government and the governments we work with around the world” using its AI and facial recognition technology to spy on their own people. Faced with the loss of billions of dollars, as was the case for Google and Apple in China, what will corporations do in America?

    Once upon a time an easy solution to corporate censorship was to take one’s business elsewhere. The 2018 problem is with the scale of platforms like Amazon, near global monopolies all. Pretending Amazon, which owns the Washington Post, and with the reach to influence elections, is just another company that sells things is to pretend the role of unfettered debate in a free society is outdated. Yeah, you can for now still go through hoops to download stuff outside the Apple store or Google Play, but those platforms more realistically control access to your device. Censored on Twitter? No problem big guy, go try Myspace, and maybe Bing will notice you. Technology and market dominance changed the nature of censorship so free speech is as much about finding an audience as it is about finding a place to speak. Corporate censorship is at the cutting edge of a reality targeting both speakers (Twitter suspends someone) and listeners (Apple won’t post that person’s videos made off-platform). Ideas need to be discoverable to enter the debate; in 1776 you went to the town square. In 2018 it’s Twitter.

    In the run up to the midterm elections, Senator Chris Murphy, ironically in a tweet, demanded social media censor more aggressively for the “survival of our democracy,” implying those companies can act as proxies for those still held back by the First Amendment. We already know the companies involved can censor. The debate is over what happens when they do.

    A PERSONAL NOTE: Some readers are aware I have been permanently suspended from Twitter as @wemeantwell. This followed exchanges with several mainstream journalists over their support for America’s wars and unwillingness to challenge government lies. Twitter sent an auto-response saying what I wrote “harasses, intimidates, or uses fear to silence someone else’s voice.” I don’t think I did any of that, and I wish you didn’t have to accept my word on it. I wish instead you could read what I wrote and decide for yourself. But Twitter won’t allow it. Twitter says you cannot read and make up your own mind. They have in fact eliminated all the things I have ever written there over seven years, disappeared me down the Memory Hole. That’s why all censorship is wrong; it takes the power to decide what is right and wrong away from you and gives it to someone else.

    I lost my career at the State Department because I spoke out as a whistleblower against the Iraq War. I’ve now been silenced, again, for speaking out, this time by a corporation. I am living in the America I always feared.

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    Consortium News Radio — Episode 1: Peter Van Buren, The Twitter Files

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    In a long-form interview here with veteran journalist Joe Lauria at Consortium News Radio, I try and lay out exactly what happened on Twitter that led to me being banned.



    Also, more here.



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    What if a #MAGA Guy Ate Twitter’s Face?

    August 8, 2018 // 6 Comments »




    More than a few people have cited the exchange above as justification for my forever trip down the Memory Hole, my ban from Twitter. I used to be there as @wemeantwell.

    My bad zombie joke about #MAGA, or anything else I wrote that was flippant, is not writing I’m proud of. But ask yourself if indeed what I was doing, in the words of Twitter’s auto-response to me, “harasses, intimidates, or uses fear to silence someone else’s voice,” or if I was just being rude and childish. Ask yourself if whatever I did means you can never read anything I’ve written on Twitter over the past seven years, if it means I should never be allowed to write there again.

    Does it justify censorship?

    Before you say yes, keep in mind that Twitter allows you to block me, mute me, never see me again. That’s your decision, and good for you, and good riddance to me. But censorship takes that decision out of your hands, and allows Twitter to make it on behalf of literally the entire planet.

    Though the “he called me human garbage first” excuse is pretty weak, it is useful to show the context of my allegedly game-changing Tweet. I think anyone who has dipped into the sticky waters of Twitter, or lived as an adult on earth, has heard much worse. I think also my line about a MAGA guy eating someone’s face can be seen by reasonable people as a rhetorical slap, not a literal invitation to zombie attack.

    Think of it like people saying “Go kiss my ass!,” or “F*ck yourself.” I don’t think in those instances anyone expects you to contort and smooch the buttocks or to perform a unilateral sex act. There’s a difference between saying “Go jump in a lake” to end an argument and an invitation to go swimming.

    But corporate censorship needs only the finest of hooks. Twitter is happy to allow calls for white genocide by New York Times editorial board member @SarahJeong, “understanding” they are not literal, while being shocked — Shocked! — to see me invoke a scene from Fear the Walking Dead.

    And anyone who thinks I was banned for simply being rude on Twitter does not understand much about the point of censorship.



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    VIPS Asks Twitter to Restore Van Buren’s Account

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    The Veteran Intelligence Professionals for Sanity in a memo to the Twitter board of directors questions its decision to suspend the account of one of its members without due process.

    TO: Twitter Board of Directors

    FROM: Veteran Intelligence Professionals for Sanity (VIPS)

    SUBJECT: Suspension of VIPS Associate Peter Van Buren’s Twitter Account

    We at Veteran Intelligence Professionals for Sanity (VIPS) are greatly disturbed by the recent decision of your management to permanently suspend the Twitter account @WeMeantWell of our colleague Peter Van Buren. Peter is a highly respected former Foreign Service Officer possessing impeccable credentials for critiquing current developments that might lead to a new war in Eastern Europe or Asia, something which we Americans presumably all would like to avoid.

    In 2011 our colleague Peter published a book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People, about the poor decision- making by both civilians and military that led to the disastrous occupation and faux-democracy development in Iraq. It is Peter’s concern that our country may well be proceeding down that same path again — possibly with Iran, Syria and other countries in the Middle East region.

    It is our understanding that Peter became involved in an acrimonious Twitter exchange with several mainstream journalists over the theme of government lying. One of the parties to the exchange, reported to be Jonathan Katz of @KatzOnEarth — possibly joined by some of his associates – complained. Subsequently, and without any serious investigation or chance for rebuttal regarding the charges, Peter was suspended by you for “harass[ing], intimidate[ing], or us[ing] fear to silence someone else’s voice.” Peter absolutely denies that anything like that took place.

    We have also learned that Daniel McAdams, Executive Director of the Ron Paul Institute for Peace and Prosperity and a highly respected former Congressional staffer, weighed in to defend Peter and was also suspended by you. And Scott Horton, editorial director of Antiwar.com, was suspended for use of “improper language” against Katz. Horton and McAdams cannot add new tweets while under suspension, but Peter’s “permanent” suspension included deletion of all of his seven years’ archive of tweets, so the actual exchanges leading up to his punishment cannot currently be examined.

    Your action suggests three possibilities — all of which are quite plausible given that your system for punishing users is far from transparent. First, you may be engaged in systematic manipulation if some of your users are able to complain and have their friends do likewise in order to sully the reputation of a Twitter user who is doing little more than engaging in heated debate over issues that concern all of us.

    Second, there is a distinct possibility that you are responding to either deep pocketed or particularly strident advocacy groups that may themselves have agendas to silence opposition voices. We note that Google is currently working with some powerful foundations to censor content they object to which comes up in search engine results.

    Finally – third — we also suspect a possible government hand in that companies like yours, to include Facebook, have become very sensitive to alleged “subversive” content, deleting accounts and blocking users. Kowtowing to government suggestions to silence critics of administration policies may well be considered a desirable proactive step by your management as well as by other social media companies, but censorship is censorship, no matter how you dress it up.

    We Veteran Intelligence Professionals for Sanity believe that systematic and/or institutionalized censorship of tweets and account users is fundamentally the wrong way to go unless there are very explicit and sustained threats of violence or other criminal behavior. The internet should be free, to include most particularly the ability to post commentary that is not mainstream or acceptable to the Establishment. That is what Peter has been doing and we applaud him for it. We respectfully request that you examine the facts in the case with the objective of reconsidering and possibly restoring the suspension of Peter Van Buren’s twitter account. Thank you.


    For the Steering Group, Veteran Intelligence Professionals for Sanity:

    William Binney, former Technical Director, World Geopolitical & Military Analysis, NSA; co-founder, SIGINT Automation Research Center (ret.)

    Richard H. Black, Senator of Virginia, 13th District; Colonel US Army (ret); former chief, Criminal Law Division, Office of the Judge Advocate General, the Pentagon (associate VIPS) (@SenRichardBlack)

    Bogdan Dzakovic, former team leader of Federal Air Marshals and Red Team, FAA Security (ret.) (associate VIPS)

    Philip Giraldi, CIA, Operations Officer (ret.) (@infangenetheof)

    Larry C. Johnson, former CIA and State Department Counterterrorism Officer (ret.)

    Michael S. Kearns, Captain, USAF (ret.); Wing Commander, RAAF (ret.); former intelligence officer and master SERE instructor (@msk6793)

    John Kiriakou, former CIA Counterterrorism Officer and former senior investigator, Senate Foreign Relations Committee (@johnkiriakou)

    Linda Lewis, WMD preparedness policy analyst, USDA (ret.) (associate VIPS) (@usalinda)

    Edward Loomis, NSA, cryptologic computer scientist (ret.)

    Ray McGovern, former US Army infantry/intelligence officer & CIA analyst (ret.) (@raymcgovern)

    Annie Machon, former intelligence officer in the UK’s MI5 domestic security service (affiliate VIPS) (@anniemachon)

    Elizabeth Murray, Deputy National Intelligence Officer for the Near East, CIA and National Intelligence Council (ret.) (@elizabethmurra)

    Todd E. Pierce, Maj, US Army Judge Advocate (ret.) (@ToddEPierce)

    Scott Ritter, former Maj., USMC; former UN weapons inspector, Iraq (@RealScottRitter)

    Coleen Rowley, FBI Special Agent and former Minneapolis Division Legal Counsel (ret.) (@coleenrowley)

    J. Kirk Wiebe, former Senior Analyst, SIGINT Automation Research Center, NSA (ret.) (@kirkwiebe)

    Sarah Wilton, Commander, US Naval Reserve (ret.) and Defense Intelligence Agency (ret.)

    Robert Wing, former Foreign Service Officer (associate VIPS)


    Veteran Intelligence Professionals for Sanity (VIPS) is made up of former intelligence officers, diplomats, military officers and congressional staffers. The organization, founded in 2002, was among the first critics of Washington’s justifications for launching a war against Iraq. VIPS advocates a US foreign and national security policy based on genuine national interests rather than contrived threats promoted for largely political reasons. An archive of VIPS memoranda is available at Consortiumnews.com.






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    Twitter Suspends Me Forever

    August 7, 2018 // 26 Comments »



    Some readers are aware I have been permanently suspended from Twitter as @wemeantwell.

    This followed exchanges with several mainstream journalists over their support for America’s wars and unwillingness to challenge the lies of government. After two days of silence, Twitter sent me an auto-response saying what I wrote “harasses, intimidates, or uses fear to silence someone else’s voice.”

    I don’t think I did any of that, and I wish you didn’t have to accept my word on it. I wish instead you could read what I wrote and decide for yourself. But Twitter won’t allow that. Twitter says you cannot read and make up your own mind. They have in fact eliminated all the things I have ever written there over seven years, disappeared me down the Memory Hole. That’s what censorship does; it takes the power to decide what is right and wrong away from you and gives it to someone else.

    Hate what I write, hate me, block me, don’t buy my books, but please don’t celebrate handing over those choices to some company.

    I lost my career at the State Department because I spoke out as a whistleblower against the Iraq War. I’ve now been silenced, again, for speaking, this time by a corporation. I am living in the America I always feared.








    UPDATE: I’ve made a mistake. I was wrong to criticize the government, wrong to criticize journalists, wrong to oppose war. In fact, after much reflection, I have come to understand that I Love Big Brother.



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    Trump and the New McCarthyism

    August 3, 2018 // 23 Comments »

    There was no explanation for what had happened, how certain victory had boiled off. Fear took over. An answer was needed, and one was created: the Russians. 1950s Cold War America? Or 2018 Trump America? Yes.

    WWII ended with the U.S. the planet’s predominant power. But instead of recognizing its strength, darker forces saw profit in creating new fears. The Soviet Union morphed from an ally decimated after losing 20 million soldiers fighting fascism to a powerful equal locked in a titanic struggle with America. How did they get so powerful so quickly? Nothing could explain this, except… traitors.

    Some realized fear was not a problem, but a tool — one could defeat political enemies simply by accusing them of being Russian sympathizers. There was no need for evidence, Americans were desperate to believe, and so assertions someone was in league with Russia were enough. Joseph McCarthy fired his first shot on February 9, 1950, proclaimed there were 205 card-carrying members of the Communist Party working for the Department of State. The evidence? Nothing but McCarthy’s assertions, but they were enough.

    Pretending to be saving America while he tore at its democratic foundations, over the next four years McCarthy made careers for those who cooperated in his accusations, such as a young red-baiting Richard Nixon, the president of the screen actors guild, Ronald Reagan, who supported the blacklisting of many artists simply by pointing a finger at them and saying “Communist”, and Roy Cohn, a vicious young attorney who ironically would later work for Donald Trump. The power of accusation was used by others as well; the Lavender Scare was an off-shoot of McCarthyism that concluded the State Department was overrun with closeted homosexuals who were at risk of being blackmailed by Moscow. By 1951, 600 people were fired based solely on evidence-free “morals” charges. All across America, state legislatures and school boards mimicked McCarthy. Thousands of people lost their jobs. Books and movies were banned or boycotted based on the “hate speech” of the day, accusations they helped promote Communism. Libraries, for example, banned Robin Hood for suggesting stealing from the rich to give to the poor. The FBI embarked on campaigns of political repression, suspecting Martin Luther King was a Communist. Journalists and academics voluntarily narrowed their political thought and tamping down criticism and inquiry in the 1950’s and beyond.

    In 2018, watching sincere people succumb to paranoia is not something to relish. But having trained themselves to intellectualize away Hillary Clinton’s flaws, as they had with Obama, about half of America truly could not believe she lost to the antithesis of what she represented to them. She was strong (they called her the most qualified candidate in history.) Every poll (that they read) said she would win. Every article (that they read) said it too, as did every person (that they knew.) Lacking an explanation for the unexplainable, they tried out scenarios that would have failed high school civics, claiming only the popular vote mattered, or the archaic Emoluments Clause prevented Trump from taking office, or that he was clinically insane and had to be carted off under the 25th Amendment.

    After a few trial balloons during the primaries where Bernie Sanders’ visits to Russia and Jill Stein’s attendance at a banquet in Moscow were used to imply disloyalty, the fearful cry the Russians meddled in the election morphed into Trump had worked with the Russians and/or (fear is flexible filling in the gaps) the Russians had something on Trump, that new Russian word everyone learned, kompromat. History may not repeat, but it often rhymes, and Donald Trump became the Manchurian Candidate, the name itself taken from a 1959 novel made into a classic Cold War movie positing an American soldier had been brainwashed by communists as part of a plot to place someone under the thumb of the Kremlin in the Oval Office. The New York Times, Vanity Fair, the New York Daily News, Salon, The Hill, the Washington Post,a nd sure, why not, Stormy Daniels’ lawyer Michael Avenatti have all claimed Trump is 2018’s Manchurian Candidate. Cynical, or prescient?

    The birth moment of Trump as a Russian asset is traceable back to MI-6 intelligence officer turned Democratic opposition researcher turned FBI mole Christopher Steele, whose “dossier” claimed the existence of the pee tape. Somewhere deep in the Kremlin is supposedly a surveillance video made in 2013 of Trump in Moscow’s Ritz-Carlton Hotel, watching two prostitutes urinate on a bed the Obamas once slept in.

    No one, not even Steele’s alleged informants, has actually seen the tape. It exists in a land of assertion-is-fact-enough alongside the elevator tape. Reporters, as well as Z-list celebrity Tom Arnold, are actively seeking a tape of Trump doing something in an elevator so salacious the video has been called “Every Trump Reporter’s White Whale.” No one knows when the elevator video was made, but a dossier-length article in New York magazine posits Trump has been a Russian asset since 1987, controlled through a set of big money deals as carrots, whose disclosure would be the kompromat of a stick.

    This is the McCarthy playbook. Trump’s victory seems inexplicable, therefore it could not have happened without outside help. The Russians were certainly sniffing around the edges of the election process, so they must have done it. Trump has done business in Russia, and, a man like him certainly could not have made his money honestly (the tax documents!) The easiest way to bring him down is to offer what his detractors would accept as a plausible explanation — the Russians did it and Trump is in on it — and answer fear with the blind certainty of assertions. As McCarthy did with homosexuality, throw in a few hints of dirty sex to keep the rubes paying attention.

    Suddenly no real evidence is necessary, because it is in front of your face. China fell to the Communists in 1949. The State Department was in charge, therefore was responsible, and therefore must be riven with traitors because why else but on purpose would they fail America? McCarthy accussed Presidents Roosevelt, Truman, and Eisenhower of being Communists or Communist stooges. Trump holds a bizarre press conference in Helsinki and the only answer is that he is a traitor. Hillary herself asked which side Trump was on. Nancy Pelosi (“President Trump’s weakness in front of Putin was embarrassing, and proves that the Russians have something on the President, personally, financially or politically”) and Cory Booker (“Trump is acting like he’s guilty of something”) and Lindsey Graham and John Brennan and MSNBC and CNN said Trump is controlled by Russia, even as columnists in the New York Times called him a traitor. As the news did in 1954, when they provided live TV coverage of McCarthy’s dirty assertions against the Army, modern media used each new assertion as “proof” of an earlier one. If they all are saying it, it has to be true. Snowballs get bigger rolling downhill.

    When assertion is accepted as evidence it forces the other side to prove a negative to clear their name. So until Trump “proves” he is not a Russian stooge, he remains one in the eyes of his accusers, and his denials are seen as desperate attempts to wiggle out from under the evidence. Joe McCarthy’s victims faced similar challenges; once labeled a communist or a homosexual, the onus shifted to them to somehow prove they weren’t. Their failure to prove their innocence became more evidence of guilt. It all creates a sense of paranoia. The 1950’s version was well-illustrated in movies like Invasion of the Body Snatchers, or a selection of classic Twilight Zone episodes highlighted by “The Monsters Are Due on Maple Street,” which concludes with the chilling line “a thoughtless frightened search for a scapegoat has a fallout all of its own.” As with McCarthy, the reaction to a threat outweighs in damage anything the threat may have ever posed.

    And so in 2018 a journalist thinks someone is sending agents disguised as Uber drivers to spy on him. Another on Twitter says she personally has hard info of Trump’s collusion with Russia and faces death threats. They hate Trump and wake up each morning hoping it is Judgment Day. When it is not, they project themselves into the center of global events hoping they personally can bring on Judgment. You could see this in earlier times in parts of the Sy Hersh story, and now so clearly with once sharp minds like Rachel Maddow (“We haven’t ever had to reckon with the possibility that someone had ascended to the presidency of the United States to serve the interests of another country rather than our own,”) and Lawrence Tribe. They struggle to resolve cognitive dissonance by imagining they will defeat Trump where Clinton failed. These same people 10 years later still mock Trump over the silly birth certificate conspiracy, yet find it perfectly normal to claim he is a Russian agent. Meanwhile, we are kept at DefCon levels with an obvious goofball like Carter Page mediaized into a linchpin while an improbable Russian student is arrested to put a sexy, red-haired face on everything.

    And yet… and yet there is no evidence of treason, of collusion, of the assertion the president of the United States, almost two years in control of America’s nuclear arsenal, is by choice or coercion acting on the orders, desires, and initiatives of Russia. None.

    The IRS and Treasury have had Trump’s tax documents for decades. If Trump has been a Russian asset since 1987, or 2013, he has done it behind the backs of the FBI, CIA, and NSA. Indictments against Russian uniformed military who will never see the inside of an American court are presented as evidence, when in fact they are simply Robert Mueller’s own uncontested assertions to sit alongside those of Anderson Cooper and Chris Matthews. With impeachment itself on the table, Mueller has done little more than issue the equivalent of a series of parking tickets against foreign nationals whom he has no jurisdiction over, that provide no link between Trump and Russia. Intelligence community summaries claim without detail the Russians meddled, but fall far short of accusing Trump of being involved. There is simply the assertion, the belief, that some outside explanation, and we seem to have settled on the Russians, is to blame for Trump.

    So we live in a state of constant tension. Fear is powerful. A sound triggers a memory that sets off involuntary, subconscious processes: the heart rate jumps, muscles twitch, higher brain functions switch to fight-or-flight. Live in this state long enough and you lose the ability to control your reaction to certain stimuli. Fear, hatred and venom are expressed through fevered calls for impeachment for not being sufficiently patriotic and for aiding the enemy. Reality is used to prove fantasy — we don’t know how Trump is helping Putin because they met in private! And anyone who questions this must themselves be at best a useful fool, if not an outright Russia collaborator (Wrote one pundit: “They are accessories, before and after the fact, to the hijacking of a democratic election. So, yes, goddamn them all.”) In the McCarthy era, the term was fellow traveler, anyone, witting or unwitting, who helped the Russians. Dissent is muddled with disloyalty.

    The burden of proof is always on the party making an accusation, yet the standing narrative in America is the Russia story must be assumed at least valid, if not true, until proven false. Joe Mccarthy was allowed to tear America apart for four years under just such standards, until finally public opinion turned against him, aided by a small handful of journalists, lead by Edward R. Murrow, brave enough to ask real questions about his factless assertions and demand answers McCarthy ultimately did not have. There is no Edward R. Murrow in 2018, simply journalists who see themselves serving as oppo researchers and adjuncts to the accusers.

    The process already 200 indictments underway — the Mueller investigation — is in Year Two. America faces a crucial set of midterms in November, and thus the need to know for the American people is established; if anyone has hard evidence, why are they waiting to show it with a Russian asset in the White House? At some point one has to account for why no one has found what they insist is there. They can cry “Just wait for Mueller!” for the same four years it took to shut down McCarthy but at some point we all have to admit no evidence has been found that pigs can fly, and thus conclude they can’t, and the collective purpose of Russiagate has shifted, as with McCarthy, from tamping down hysteria to stoking it.

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    John Brennan is 2018’s Poster Boy

    July 26, 2018 // 18 Comments »



    It is not a pretty face, but one scarred from an evil past, repackaged by the madness of “resistance.” Accusing Trump recklessly, implying he knows more than he lets on, leading the rubes down the path saying soon — soon! — Mueller’s redemption will be here.


    John Brennan is the face of American politics in 2018.


    Coming out of a hole as far into the Deep State as one can dwell while still having eyes that work in sunlight, Brennan burst above ground to become a Hero of the Resistance on CNN. But before all that, Brennan was Director of the Central Intelligence Agency. He was Obama’s first-term counter terror advisor, the guy who helped the president decide who to kill each week with drones, including American citizens. He spent 25 years at CIA, and helped shape the violent policies of the post-9/11 Bush era. Brennan was a fan of torture and extrajudicial killing to the point where a 2012 profile was titled “The Seven Deadly Sins of John Brennan.” Another writer called Brennan “the most lethal bureaucrat of all time, or at least since Henry Kissinger.” Today a New York Times puff piece on Brennan just shushes all that away as a “troubling inheritance.”

    So in a political world overcome with madness, it is John Brennan who helps lead the resistance. On Twitter this past week Brennan cartoonishly declaimed “Donald Trump’s press conference performance in Helsinki rises to and exceeds the threshold of ‘high crimes and misdemeanors.’ It was nothing short of treasonous. Not only were Trump’s comments imbecilic, he is wholly in the pocket of Putin.”

    Because it is 2018, Brennan was never asked to explain exactly how a press conference exceeds the gray threshold of high crimes and misdemeanors the Constitution sets for impeachment of a president, nor was he ever asked to lay a few cards worth of evidence on the table showing just what Putin has on Trump. No, Brennan is a man of his times, all bluster and noise, knowing as long as he says what some significant part of the country apparently believes — the president of the United States is either willfully or via blackmail under the control of the Kremlin — he will never be challenged. So it is all maniacal calls for impeachment of a president insufficiently patriotic, wrapped with Brennan’s own unshakable belief in his own perfect righteousness.


    In that way Brennan squats alongside Nancy Pelosi and Cory Booker, both of whom said Trump is controlled by Russia, columnists Charles Blow and Tom Friedman in the New York Times who called Trump a traitor, an article in New York Magazine (which is fast headed to becoming the Zapruder film of Russiagate) speculating Trump met Putin as his intelligence handler, former counter-terrorism coordinator Richard A. Clarke speculating Trump was meeting with Putin to receive his next set of orders, and another former intelligence officer warning “we’re on the cusp of losing the American constitutional republic forever.”

    Brennan’s bleating has the interesting side effect of directing attention away from who was watching the front door as the Russians walked in to cause what one MSNBC analyst called Pearl Harbor and Kristallnacht. During the 2016 election when the Russiagate stuff was taking place, Brennan was head of the CIA. His evil twin, James Clapper, who also coughs up Trump attacks for nickels these days, was Director of National Intelligence. James Comey headed the FBI, following Last Man in the Line of Resistance Robert Mueller into the job. The noise from that crowd is loud enough to drown out any questions about where these guys were when they had the chance, sorry, the duty, to stop the Russians, out Trump as the Manchurian Candidate, and save the Republic.

    The de minimis excuse, “everybody believed Hillary would win” is a blatant example of collusion: things that now rise to treason, if not acts of war against the United States, didn’t matter then because Clinton’s victory would sweep it all under the rug. Brennan’s continued public role screams whatever the Russians did only were crimes because they contributed to Clinton’s loss. Thus only after Clinton lost did it become necessary to create a crisis that might yet be inflated big enough (it wasn’t just the Russians as originally thought, it was Trump working with them) to justify impeachment. Absent that, Brennan would have simply disappeared alongside former CIA Directors into academia, or the lucrative consulting business. Brennan is now a public figure with a big mouth because he has to be. That mouth has to cover his ass.


    Brennan’s all-impeachment, all-the-time barking is the latest chapter in a straight line of whole-of-government effort to overturn the election. Remember how recounts were called for amid (fake) allegations of vote tampering? Constitutional scholars proposed various Hail Mary Electoral College scenarios to unseat Trump. Lawsuits were filed claiming the hereto-largely unheard of Emoluments Clause made it illegal for Trump to even assume office. The media repurposed itself to the goal of impeaching the president. On cue, leaks begin pouring out implying the Trump campaign worked with the Russian government. It is now a rare day when the top stories are not apocalyptic, all unsourced, rocketed from Rawstory to HuffPo to the New York Times in the morning, the other way around for the scoop-of-the-day in the afternoon. Brennan fans the media’s flames as they do his, with a knowing wink saying “You wait and see. Soon it will be Mueller time.”

    But despite all the hard evidence of treason only Brennan and his harpy journalists seem to see, everyone is content to have a colluding Russian agent running the United States for a year and half. You’d think it’d be urgent close this case. Instead, Brennan heads an industry created to admonish us to wait out an investigative process underway through two administrations. And yet if Trump has really been a Russian asset since his 1987 trip to Moscow as many insist, why haven’t the FBI, CIA, IRS, Treasury or the NSA cottoned to that in the intervening years and now instead we’re waiting on Mueller in Year Two to prove it? At some point you might think people like Brennan would have to account for why no one has found what they insist is there. The IRS, for example, has watched Trump for decades (they’ve seen the tax docs even if Wolf Blitzer hasn’t), as have Democratic and Republican opposition researchers, the New Jersey Gaming Commission, and various New York City real estate commissions. Multiple KGB/RSS agents and others have defected, or report to us. The whole Soviet Union collapsed since some claim Trump became a Russian asset.


    If Trump is under Russian influence, he is most dangerous man in American history. Under such conditions, you’d think Brennan, et al, would show some alacrity outside Twitter and the Sunday talk shows. So why isn’t Washington on fire? Why hasn’t Mueller indicted someone for treason? If this is Pearl Harbor, why is the investigation moving at the pace of a mortgage application? Why is everyone allowing a Russian asset placed in charge of the American nuclear arsenal to stay in power even one more minute?

    You’d think Brennan would be saying it is now time to set aside chasing indictments of Russian military officers that will never see the inside of a courtroom, to stop wasting months on decades-old financial crimes unconnected to the Trump campaign, and quit delaying the real stuff over a clumsy series of perjury cases. “Patriots: Where are you???” Brennan asked in a recent tweet. If Brennan himself is a patriot, why doesn’t he leak the details, and save America?

    Because there is one step darker that some seem ready to consider. Reuters writes “Trump is haunted by the fear that a cabal of national-security officers is conspiring in secret to overthrow him… Trump has made real enemies in the realm of American national security. He has struck blows against their empire. One way or another, the empire will strike back.” James Clapper is confirming New York Times reports Trump was shown evidence of Putin’s election attacks and did nothing, even denying them. In response to Helsinki, Tennessee Congressman Steve Cohen asked “Where are our military folks ? The Commander in Chief is in the hands of our enemy!”


    Treason, traitor, coup, the empire striking back. Those are just words, right? The simpler answer is probably the correct one. Maybe that is, the lessons of Whitewater and Benghazi learned, the point is a perpetual investigation, tickled to life when needed politically and then allowed to fall back to sleep between outrage sessions. Because maybe deep inside, Brennan (Clapper, Hayden, Comey, et al) really does know, knows this is all like flying saucers and cell phone cameras. At some point the whole alien conspiracy meme fell apart, because somehow when everyone had a camera with them 24/7/365, there were no more sightings and we all had to sorta admit our fears had gotten the best of us, that the threat was inside us all along.


    BONUS: This question on today’s test is an essay worth 100 points: Explain how Christopher Steele paid by the Democrats to knowingly seek a pee tape made by Russian intel as blackmail, differs from someone seeking DNC emails exposing corruption from an anon source who might be Russian intel. For extra credit, list all the ways both American presidential parties appear to have sought blackmail info from the Russians.



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    American Credibility Requires a Turning Point on Trump

    July 25, 2018 // 4 Comments »



    I remember when as an American diplomat I realized my government was no longer credible. We may be at that same point in the Trump presidency.


    My moment was in 2006, in Hong Kong, where I was assigned to the American Consulate. It had been a difficult few years as an American diplomat, as crimes against humanity under the George W. Bush administration were being talked about in government circles, even if they had not yet been acknowledged publicly. America was torturing people. American invaded Iraq under a blanket of lies. And America opened a prison at Guantanamo. It was there the United States held Omar Khadr, and the Canadians wanted him out.

    Omar Khadr was a 15-year-old Canadian grabbed off the battlefield in Afghanistan in 2002, believed to have killed an American soldier. After learning the child had been tortured, the Canadians wanted him transferred to their custody for his own safety, and in 2006 ordered their diplomats globally, to every American foreign service post, to make that demand (a demarche in diplomatic language.) I had never heard of Khadr before, but sitting there hearing from the Canadians how he had been treated I realized America had no credibility left when, among other things, it criticized Saddam Hussein for harming his own people as a secondary justification for the Iraq invasion.

    At the table in far-away Hong Kong we knew none of us were going to free Omar Khadr, but the Canadians did their job and I did mine, pre-written talking points all around. We knew each other, and our kids went to the same school. So informally I also heard “we may not be able to work with you anymore on a lot of things if this fails.” Canada had sent troops to Afghanistan, withheld them from Iraq under American criticism, but the message was now a step too far had been taken, and while routine business would continue, they were probably going to wait on any big stuff until George W. Bush was out of office (Khadr was released to Canadian custody in 2012, and freed in Canada in 2015.)


    I am hearing from former colleagues in diplomacy and intelligence Helsinki may have been a similar moment, requiring now a resolution of some sort in what is known as “Russiagate” to maintain credibility in America’s international interactions. Trump has more than two years left in office, some say six, far too long to wait out given the number of global issues requiring international cooperation.

    As a diplomat you represent your own complicated country, and all sides understand that, hence the careful use of pre-written talking points over the fate of Omar Khadr. But from the Secretary of State on down, credibility is a crucial tool in getting things down. Can you be trusted, not just personally, but to accurately convey what Washington wants to say to its allies, friends, and those it negotiates against? If you explain an American policy today, and the other side acts on that only to find the president tweeting out something else, however close your relationship may be personally with your counterparts, across the table you become a non-entity. How’s your daughter doing in school? Fine, just fine, let’s have lunch Tuesday, but please don’t ask me to support your UN resolution.

    If I was sitting in an embassy job today and was asked informally by an ally to explain the president’s remarks in Helsinki, I would stumble for coherence. I know those foreign diplomats are reading the same media I am: a columnist in the New York Times calling Trump a traitor, an article in New York Magazine speculating Trump met Putin as his intelligence handler, a call by a former Central Intelligence Director to impeach the president, former counter-terrorism coordinator Richard A. Clarke speculating Trump was meeting with Putin to receive his next set of orders, a former intelligence officer warning “we’re on the cusp of losing the American constitutional republic forever,” or maybe just the parsed criticism of Trump from within his own party.

    And alongside of all that, an indictment of Russian military personnel for hacking into the Democratic National Committee servers, the details released at a time that can only be read as as attempt to disrupt whatever initiatives Trump planned to pursue with Russia, followed by an arrest of a Russian agent timed to bookend the Helsinki summit. Some overseas will perceive those acts as a power struggle within the American government.

    There is a lot in the air. In the face of all that, after what at best can be called a bizarre performance by Trump in Helsinki, how can American diplomats assure their counterparts they know who is in charge, that what they claim is American policy actually is policy, and that… that… in some way the president of the United States is not more sympathetic to an adversary than to his allies? No American diplomat today can answer to those points. It was thus unsurprising Secretary of State Mike Pompeo had little to say in Helsinki.


    America’s global needs cannot wait out a Trump presidency, nor do they appear able to wait out whatever investigative process has been underway through two administrations. American intelligence began looking into Russiagate two years ago, with little substantive action taken by the Obama administration. The process has continued on the intelligence side undisturbed, along with new efforts by various parts of Congress, and by the Special Counsel. The multiple threads do not appear driven by a sense of crisis, and that is wrong.

    There have of course been far worse moments in American history: the presidents who watched helplessly as the storm over slavery broke into Civil War, FDR and the Japanese internment camps, Nixon bombing Vietnamese civilians and prolonging the Vietnam war to help get himself reelected, and George W. Bush setting the Middle East aflame.

    But we are here now, and Helsinki says either present the best possible evidence after two years of effort Donald Trump or his close associates actively worked with the Russian government, and thus remain beholden to it, or make it clear that is not the case. Getting things done in the world requires credibility, and it is now time to set aside chasing indictments that will never see the inside of a courtroom, those concerning financial crimes unconnected to the campaign, and a clumsy series of perjury cases. Post-Helsinki, we — America’s diplomats, its allies, its people — need to know who is running the United States.




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    Why I Support Julian Assange (And Why You Should Too)

    July 19, 2018 // 15 Comments »



    This weekend I joined a number of people in an online vigil in support of Wikileaks’ Julian Assange.

    People ask why I did it; Assange is at best imperfect in who he is and what he does. But supporting him transcends him, because the battle over the prosecution of Assange is where the future of free speech and a free press will be decided. Even if you think Assange doesn’t matter, those things do.


    Assange is challenging to even his staunchest supporters. In 2010 he was a hero to opponents of the wars in Iraq and Afghanistan. Others called him an enemy of the state for working with whistleblower Chelsea Manning. Now most of Assange’s former supporters see him as a enemy of the state and Putin tool for releasing the Democratic National Committee emails. Even in the face of dismissed charges of sexual assault, Assange is a #MeToo villain. He a traitor who hides from justice inside the Ecuadorian embassy in London, or a spy, or some web-made Frankenstein with elements of all of the above. And while I’ve never met Assange, I’ve spoken to multiple people who know him well, and the words generous, warm, or personable rarely are included in their descriptions. But none of that really matters.

    Support is due because Assange ends up being the guy standing at a crossroads in the history of our freedoms – specifically, at what point does the need for the people to know outweigh laws allowing the government to keep information from view? The question isn’t new, but becomes acute in the digital age, where physical documents no longer need to be copied one-by-one, can be acquired by hackers from the other side of the world, and where publishing is far removed from the traditions, obstacles, safeguards, and often-dangerous self-restraint of traditional journalism.


    A complex history precedes Assange. In 1971 Daniel Ellsberg leaked the Pentagon Papers, a secret U.S. government-written history of the Vietnam War, to the New York Times. No one had ever published such classified documents before, and reporters at the Times feared they would go to jail under the Espionage Act. A federal court ordered the Times to cease publication after an initial flurry of excerpts were printed, the first time in U.S. history a federal judge censored a newspaper. In the end the Supreme Court handed down a victory for the First Amendment in New York Times Company v. United States and the Times won the Pulitzer Prize.

    But looking at the Times case through the lens of Wikileaks, law professor Steve Vladeck points out “although the First Amendment separately protects the freedom of speech and the freedom of the press, the Supreme Court has long refused to give any separate substantive content to the Press Clause above and apart from the Speech Clause… The Supreme Court has never suggested that the First Amendment might protect a right to disclose national security information. Yes, the Pentagon Papers case rejected a government effort to enjoin publication, but several of the Justices in their separate opinions specifically suggested that the government could prosecute the New York Times and the Washington Post after publication, under the Espionage Act.”

    The Supreme Court left the door open to prosecute journalists who publish classified documents by focusing narrowly on prohibiting the government from exercising prior restraint. Politics and public opinion, not law, has kept the government exercising discretion in not prosecuting journalists, a delicate dance around this 800 pound gorilla loose in the halls of democracy. The government meanwhile has aggressively used the Espionage Act to prosecute the whistleblowers who leaked to those same journalists.


    The closest things came to throwing a journalist in jail was in 2014, when the Obama administration subpoenaed New York Times reporter James Risen. The government accused former CIA officer Jeffrey Sterling of passing classified information to Risen, information it said appeared in his book State of War. After a lower court ordered Risen under threat of jail to testify and disclose his source, the Supreme Court turned down Risen’s appeal, siding with the government in a confrontation between a national security prosecution and an infringement of press freedom. The Supreme Court refused to consider whether there existed a gentlemen’s agreement under the First Amendment for “reporter’s privilege,” an undocumented protection beneath the handful of words in the free press clause.

    In the end the government, fearful of setting the wrong precedent, punted on Risen. Waving the flag over a messy situation, then-Attorney General Eric Holder announced “no reporter who is doing his job is going to go to jail.” Risen wasn’t called to testify and was not punished for publishing classified material, even as the alleged leaker, Jeffrey Sterling, disappeared into jail. To avoid the chance of a clear precedent that might have granted some form of reporter’s privilege under the Constitution, the government stepped away from the fight. The key issues now wait for Julian Assange.


    Should the government prosecute Julian Assange, there are complex legal questions to be answered about who is a journalist and what is publishing in the digital world. There is no debate over whether James Risen is a journalist, and over whether a book is publishing. Glenn Greenwald has written about and placed online classified documents given to him by Edward Snowden, and has never been challenged by the government as a journalist or publisher. Both men enjoy popular support, and work for established media. The elements of fact checking, confirming, curating, redacting, and in writing context around the classified information, were all present in the New York Times’ case with the Pentagon Papers, and are present with American citizens Risen and Greenwald. Definitions and precedent may be forming.

    Assange is an easier target. The government has the chance to mold the legal precedents with such certainty that they may seize this case where they have backed away from others in the long-running war of attrition against free speech and the press.

    Assange isn’t an American. He is unpopular. He has written nothing alongside the millions of documents on Wikileaks, has done no curating or culling, and has redacted little information. Publishing in his case consists of simply uploading what has been supplied to him. It would be easy for the government to frame a case against Assange that set precedent he is not entitled to any First Amendment protections simply by claiming clicking UPLOAD isn’t publishing and Assange isn’t a journalist. The simplest interpretation of the Espionage Act, that Assange willfully transmitted information relating to the national defense without authorization, would apply. Guilty, same as the other canaries in the deep mineshaft of Washington, DC before him, no messy balancing questions to be addressed. And with that, a unique form of online journalism would be squashed.


    And that really, really matters. Wikileaks sidesteps the restraints of traditional journalism. Remember in 2004 the New York Times held the story of George W. Bush’s illegal warrantless eavesdropping program until after his reelection. In 2006 the Los Angeles Times suppressed a story on wiretaps of Americans when asked by the NSA. Glenn Greenwald said it plainly: too many journalists work in self-censoring mode, “obsequious journalism.” Meanwhile Assange has made mistakes while broadly showing courage, not restraint, under similar circumstances. The public is better informed because of it.

    Wikileaks’ version of journalism says here are the cables, the memos, and the emails. Others can write about them (and nearly every mainstream media outlet has used Wikileaks to do that, some even while calling Assange a traitor), or you as a citizen can simply read the stuff yourself and make up your own damn mind. That is the root of an informed public, through a set of tools never before available until Assange and Internet created them.

    If Assange becomes the first successful prosecution of a third party, as a journalist or not, under the Espionage Act, the government can turn that precedent into a weapon to attack the media’s role in any national security case. On the other hand, if Assange can leave London for asylum in Ecuador, that will empower new journalists to provide evidence when a government serves its people poorly and has no interest in being held accountable.

    Freedom is never static. It either advances under our pressure, or recedes under theirs. I support Julian Assange.




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    Julian Assange and the Future of a Free Press (Long Form)

    July 18, 2018 // 4 Comments »



    This weekend I joined a number of people including Dan Ellsberg, John Kiriakou, Scott Horton, and Caitlin Johnstone in a 38 hours online vigil in support of Wikileaks’ Julian Assange. People ask why I did it, because Julian Assange and his Wikileaks organization are at best imperfect in who they are and what they do. But those imperfections are both of interest and do not matter. Supporting him transcends him, because the battle over the prosecution of Assange is where the future of free speech and a free press in the digital age will be decided. Even if you think Assange doesn’t matter, those things do.

    Supporting Julian Assange and Wikileaks is complicated. In 2010 a hero to then-opponents of American imperialism in Iraq and Afghanistan while being labeled by others as an enemy of the state for working with whistleblower Chelsea Manning, today most of Assange’s former supporters from the left see him as a enemy of the state for allegedly working with Vladimir Putin to leak the Democratic National Committee emails. Many who opposed Assange’s work from the right now support him for helping defeat Hillary Clinton. Assange is a traitor who runs from justice, or a journalist, or a hero, or a spy, or some Frankenstein with elements of all of the above. And while I’ve never met Assange, I’ve spoken to multiple people who know him well, and the words generous, warm, or personable rarely are included in their descriptions.

    Assange’s biography is challenging to even his staunchest supporters. After Wikileaks’ release of a half million highly classified documents in 2010, including evidence of war crimes and thousands of State Department internal cables, Assange was accused of sexual assault in Sweden under ambiguous circumstances. He was questioned there, but never charged or arrested, and left for the UK. The Swedes decided to continue their investigation, but instead of exercising options via Interpol to question Assange in the UK, instead insisted their inquiries could only be made on Swedish soil and requested the UK return Assange against his will. The British arrested Assange, though he was released on bail. Fearing the whole thing was a set-up to extradite him to the U.S. via Sweden, Assange jumped bail. Fearing the same faux process would see Britain send him to the U.S., Assange then obtained asylum, and later citizenship, from the Ecuadorian embassy in London. After claiming for years they could never interview him outside of Sweden, the Swedes reversed themselves and interviewed Assange in London in 2016. They soon dropped the charges. Britain meanwhile still plans to arrest Assange for failing to appear in court for an eight year old case that basically no longer exists, and will not assure him safe passage out of the UK. Assange has been living inside the Ecuadorian embassy for over five years.

    Contrary to popular belief, embassies are not the sovereign territory of their owners. However, the 1961 Vienna Convention on Diplomatic Relations codified a custom that has been in place for centuries when it established the “rule of inviolability.” This prohibits local police from entering an embassy for any purpose without the permission of the ambassador. This is why Assange is safe from arrest as long as he stays within the walls of the Ecuadorian embassy, and of course in their good graces.

    The idea of a lengthy stay inside an embassy for asylum is not new. The longest such episode was that of Hungarian Cardinal Jozsef Mindszenty, who spent 15 years inside the American Embassy in Budapest, protected from the Soviet Union. In 1978 Russian Pentecostalists broke into the American Embassy in Moscow, demanding protection from religious persecution. They lived in the embassy basement for five years before a deal sent them to Israel. In 1989, Chinese dissident Fang Li-zhi resided in the American Embassy in Beijing for a year before being allowed to travel to the United States. More recently, in 2012, blind Chinese dissident Chen Guang-cheng spent six days in the American Embassy in Beijing, before then-Secretary of State Hillary Clinton negotiated his safe passage to the U.S. The irony is in all those incidents, the United States was the protector. America today instead looks petty and mean standing alongside Soviet Russia and Communist China in pressing hard against one man aside the broader wave of history.

    Should some process deliver Assange into American custody, he would be charged under the Espionage Act, a 1917 law used aggressively by the Obama administration to prosecute whistleblowers, including Chelsea Manning, and by the Trump administration to prosecute whistleblower Reality Winner. Under the Act, Assange would be prohibited from offering a “public interest” defense; his unauthorized possession of classified materials alone would ensure a guilty verdict, in that the Act does not distinguish between possession for journalistic purposes to inform the public, and possession say with the intent to hand over secrets to Russian intelligence. Assange, as with the others prosecuted under the Espionage Act (Edward Snowden would face similar circumstances on trial in America), would be found guilty and simultaneously be denied the chance to defend himself based on a free speech/public interest defense. The Espionage Act was created long before anyone coined the phrase Catch-22, but it seemed to have that spirit in mind.

    But support for Assange, as for Snowden and other whistleblowers yet unnamed, is due because the stakes go far beyond one person’s rights and freedoms. What happens to Julian Assange will set precedent regarding free speech, freedom of the press, and the publication of classified and suppressed documents in pursuit of an informed public and representative accountability for many years to come.

    The Espionage Act has a sordid history, having once been used against the government’s political opponents. Targets included labor leaders and radicals like Eugene V. Debs, Bill Haywood, Philip Randolph, Victor Berger, John Reed, Max Eastman, and Emma Goldman. Debs, a union leader and socialist candidate for the presidency, was, in fact, sentenced to 10 years in jail for a speech attacking the Espionage Act itself. The Nixon administration infamously (and unsuccessfully) invoked the Act to bar the New York Times from continuing to publish the classified Pentagon Papers.

    Assange poses a dilemma for the United States in its ongoing push-pull in balancing the power of the government to protect classified information (rightly or wrongly), the clear guarantees to free speech and a free press in the First Amendment, and the broader concept of the need for an informed populace to challenge their government and make a peoples’ democracy work in practice.

    At what point does the need for the people to know outweigh any laws allowing the government to keep it from view, such that someone may expose information, despite its classification? If punishment appears necessary, should the thief be punished, should the journalist who publishes it be punished, or should neither, or should both? The questions become acute in the digital age, where physical documents no longer need to be copied one-by-one, and where publishing is far removed from the traditions, obstacles, safeguards, backdoor pressures, self-restraint, and occasional deep subject matter knowledge of traditional journalism.

    A complex and at times ambiguous history precedes Assange. In 1971 Daniel Ellsberg leaked the classified Pentagon Papers to the New York Times. The Papers were a 7,000 page classified history of the Vietnam War prepared under the order of then-Secretary of Defense Robert McNamara. We know now McNamara, while publicly supporting the war, was privately consumed by doubt, and ordered the Papers written as his act of contrition.

    The risks for journalists were huge — no one had ever published such classified documents before, and the senior staff at the Times feared they would go to jail under the Espionage Act. The Nixon administration found a court to order the Times to cease publication after an initial flurry of excerpts were printed in June 1971, the first time in U.S. history a federal judge censored a newspaper. Things got so dicey the Times’ outside counsel actually quit the night before his first appearance in court, claiming the newspaper, his own client, had indeed broken the law.

    Despite such pessimism, the Supreme Court handed down a landmark victory for the First Amendment in New York Times Company v. United States. The Times won the Pulitzer Prize. Ellsberg was charged under the Espionage Act, though his case was dismissed for gross governmental misconduct and illegal evidence gathering without the underlying issues being addressed, most prominently Ellsberg’s defense he was morally compelled to leak the classified information to the Times, claiming “I felt that as an American citizen, as a responsible citizen, I could no longer cooperate in concealing this information from the American public.”

    But looking at the Times case through the lens of Wikileaks, University of Texas law professor Steve Vladeck is careful to point out “Although the First Amendment separately protects the freedom of speech and the freedom of the press, the Supreme Court has long refused to give any separate substantive content to the Press Clause above and apart from the Speech Clause… The Supreme Court has never suggested that the First Amendment might protect a right to disclose national security information. Yes, the Pentagon Papers case rejected a government effort to enjoin publication, but several of the Justices in their separate opinions specifically suggested that the government could prosecute the New York Times and the Washington Post after publication, under the Espionage Act.”

    In its simplest form, the Supreme Court left the door open for the government to prosecute both the leaker who takes the documents (by dismissing the case without setting a precedent) and the journalists who publish them (by focusing narrowly on prohibiting the government from exercising prior restraint.)

    What has happened since has been little more than a very delicate dance around the 800 pound gorilla in the halls of democracy. The government has aggressively prosecuted whistleblowers under the Espionage Act (The Obama administration prosecuted eight whistleblowers under the Espionage Act, more than all previous presidential administrations combined) while choosing not to prosecute journalists for publishing what the whistleblowers hand over to them.

    In one of the first of a series of attempts to make journalists reveal their sources, former Fox News reporter Mike Levine stated the Justice Department persuaded a federal grand jury to subpoena him in January 2011. The demand was that he reveal his sources for a 2009 story about Somali-Americans who were secretly indicted in Minneapolis for joining an al-Qaeda-linked group in Somalia. Levine fought the order and the Department of Justice finally dropped it without comment in April 2012. Call it a failed test case.

    The closest things came to throwing a journalist in jail over classified information was in 2014, when Obama administration Attorney General Eric Holder gave federal prosecutors permission to subpoena New York Times reporter James Risen regarding a former employee of the Central Intelligence Agency. The government accused former CIA officer Jeffrey Sterling of passing classified information to Risen, information it said appeared in his 2006 book State of War. Holder issued the subpoena in line with his July 2013 Department of Justice guidelines on seeking information from the news media. That guidance sought to circumvent a court precedent being set by providing limited, discretionary protection for the media in some civil and criminal proceedings following scandals involving the DOJ seizing phone records and emails of reporters from the Associated Press and Fox News.

    Risen refused to comply with the subpoena, which would have required him to disclose his source. After a lower court ordered Risen under threat of jail time to testify, the Supreme Court in June 2014 turned down Risen’s appeal. That left him facing a choice to reveal his source or go to jail. The Court’s one-line order gave no reasons but effectively sided with the government in a confrontation between securing evidence in a national security prosecution and an intolerable infringement of press freedom. The Supreme Court refused to consider whether there existed a sort of gentlemen’s agreement under the First Amendment for “reporter’s privilege,” an undocumented protection beneath the handful of words in the free press clause. By not making a new decision, the Court effectively upheld the existing decision by a federal appeals court finding that the Constitution does not give journalists special protection from the law.

    That decision was more or less in line with the ambiguous way the Supreme Court has always looked at the unwritten special protections for journalists. The only real ruling on what special rights the media may hold under the free press clause came in 1972, in Branzburg v. Hayes. The Court decided reporters were not shielded from grand jury subpoenas, asserting judges must strike a “proper balance between freedom of the press and the obligation of all citizens to give relevant testimony.” From time to time lower courts have chosen to interpret that phrase as meaning there is indeed some sort of unwritten balancing test concerning the media, while other courts have read the same words to mean media should be compelled to testify.

    In the end of the Risen case, the government, fearful of setting the wrong precedent and confident it otherwise had the evidence to convict Jeffrey Sterling, punted. Waving the flag noblely over a messy situation, Attorney General Holder announced “As long as I am attorney general, no reporter who is doing his job is going to go to jail.” Federal prosecutors asked the U.S. District Court in Alexandria, Virginia to “exclude James Risen as an unavailable witness” and said the jury “should draw no inferences, favorable or unfavorable” based on his absence as a witness.

    Risen didn’t testify, and was not punished for publishing classified material by the government’s choice to back away from his case. The alleged leaker, Jeffrey Sterling, was thrown into jail for over two years. In 2015 Google turned over the Gmail account and metadata of a WikiLeaks employee in response to a federal warrant.

    No court precedent was set. The door was left open. To avoid a clear precedent that would grant journalists a reporter’s privilege under the Constitution, the government stepped away from the fight. While the balancing question of the “public interest” has been poked at in other contexts, no one has shown where the balancing point is between the government’s need to protect information, a citizen’s right to expose information, and the media’s right to publish it. That all waits for Julian Assange.

    Should the government bring Espionage Act charges against Julian Assange, there are complex legal questions to be answered about what if any First Amendment protections if any apply. Assange is not an American citizen and was not under U.S. jurisdiction when his actions regarding classified documents occurred. Is the fact that Wikileaks’ servers reside outside the United States and thus outside the protections of the First Amendment controlling, or does cyberspace lack such boundaries? By the way they chose to bring their case, government attorneys can influence how legal precedent is set on those matters. And if the United States can prosecute someone under those circumstances, any other government could demand foreign reporters anywhere on earth be extradited for violating their laws.

    The question also exists of who is a journalist and what is publishing in the digital world where thousands of files can be uploaded to a site instead of waiting for printing presses to run off copies. There is no debate over whether James Risen is a journalist, and over whether producing a book is publishing. Glenn Greenwald, Jeremy Scahill, and The Intercept, who have for years been writing about and placing online highly classified documents given to them by Edward Snowden, have never been challenged by the government as “journalists” or “publishers.” The elements of fact checking, confirming, curating, redacting, and in writing context around the classified information, were present in the New York Times’ case with the Pentagon Papers, and are present with Risen and Greenwald, et al. All involved are American citizens.

    Almost none of that applies to Assange. He has written nothing alongside the millions of documents on Wikileaks, has done no curating or culling, and has redacted information at times and not at others. Publishing in his case consists of simply uploading what has been supplied to him to a website. It would be easy for the government to frame a case against Assange that set precedent he is not entitled to any First Amendment or reporter’s privilege protections whatever they may be — clicking UPLOAD isn’t publishing and Assange isn’t a journalist. The simplest interpretation of 18 U.S.C. § 793(e) in the Espionage Act, that Assange willfully transmitted information relating to the national defense without authorization would apply. Guilty, same almost all of the leakers, whistleblowers, data thieves, hackers, and other canaries in the deep mineshaft of Washington, DC before him.

    And that really, really matters. Wikileaks sidestepped the restraints of traditional journalism to bring the raw material of history to the people. Never mind whether or not a court determined disclosure of secret NSA programs which spied on Americans disclosure was truly in the public interest. Never mind the New York Times got a phone call from the President and decided not to publish something. Never mind how senior government officials are allowed to selectively leak information helpful to themselves. Never mind what parts of an anonymous technical disclosure a reporter understood well enough to write about, here are the cables, the memos, the emails, the archives themselves. Others can write summaries and interpretations if they wish (and nearly every mainstream media outlet has used Wikileaks to do that, some even while calling Assange and his sources traitors), or you as an individual can simply read the stuff yourself and make up your own damn mind about what the government is doing. Fact checks? There are the facts themselves in front of you. That is the root of an informed public, through a set of tools and freedoms never before available until the Wikileaks and Internet created them.

    Allowing these new tools to be broken over the meaning of the words journalist and publishing will stifle all of the press. If Assange becomes the first successful prosecution of a third party under the Espionage Act, the government can then turn that precedent into a weapon to aggressively attack the media’s role in say national security leaks. Is a reporter, for example, publishing a Signal number and asking for government employees to leak to her in fact soliciting people to commit national security felonies? Will media employees have to weigh for themselves the potential public interest, hoping to avoid prosecution if they differ from the government’s opinion? The government in the case of Assange may see the chance to mold the legal precedents with such certainty that they will seize this chance where they have backed away from others. The Assange case may prove to be the topper in a long-running war of attrition against free speech.

    In mid-2004, James Risen and Eric Lichtblau uncovered George W. Bush’s illegal warrantless eavesdropping program, but the New York Times held the story for 15 months, until after Bush’s reelection. Executives at the Times were told by administration officials that if they ran the story, they’d be helping terrorists. They accepted that. In 2006 the Los Angeles Times similarly gave in to the NSA and suppressed a story on government wiretaps of Americans. Glenn Greenwald said it plainly: too many journalists have gone into a self-censoring mode, practicing “obsequious journalism.”

    Assange, and those who follow him in this new paradigm of journalism and publishing, have made mistakes while broadly showing courage, not restraint, under similar circumstances and the public is better informed because of it. In the words of one commentator, “WikiLeaks liberates the right to free speech from authorities that restrict access.” Along the way the 2007 release of the Kroll report on official corruption in Kenya affected a national election, while in 2009 Wikileaks exposed the moral bankruptcy of Iceland’s banks. A 2011 Amnesty International report pointed to the role of leaked documents in triggering revolutionary global uprisings. The BBC said Wikileaks revelations were a spark for the Arab spring.

    “This is the biggest free speech battle of our lifetimes,” said the Electronic Frontier Foundation. “This is the moment when we will see whether publishers can continue to freely distribute truthful political information online.”

    I support Assange because he is someone who fell into a place and time where crucial decisions will be made. Allowing Assange to speak now, and to travel unfettered to Ecuador and permanent asylum will allow others after him to continue to provide evidence when a government serves its people poorly and has no interest in being held accountable. Prosecution of Julian Assange can only come from a nation which fears the noise of democracy and prefers the silence of compliance.



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    Was It All Just Pilot Error? IG Report Says No Political Bias Found in FBI Investigation of Clinton Email

    June 21, 2018 // 25 Comments »



    What everyone will agree on: Comey and the FBI interfered with the election. What everyone will not agree on: Everything else.

    It will be easy to miss the most important point amid the partisan bleating over what the Department of Justice Office of Inspector General report on the FBI’s Clinton email investigation really means. While each side will find the evidence they want to find that the FBI, with James Comey as Director, helped/hurt Hillary Clinton’s and/or maybe Donald Trump’s campaign, the real takeaway is this: the FBI influenced the election of a president.

    In January 2017 the Inspector General (IG) for the Department of Justice, Michael Horowitz (who previously worked on the 2012 study of the Obama-era gun operation Fast and Furious), opened his probe into the FBI’s Clinton email investigation, including statements by Comey made about that investigation at critical moments in the presidential campaign. Horowitz’s focus was always to be on how the FBI did its work, not to re-litigate the case against Clinton. Nor did the IG plan to look into anything Russiagate.

    In a damning passage, the 568 page report found it “extraordinary and insubordinate for Comey to conceal his intentions from his superiors… for the admitted purpose of preventing them from telling him not to make the statement, and to instruct his subordinates in the FBI to do the same… by departing so clearly and dramatically from FBI and department norms, the decisions negatively impacted the perception of the FBI and the department as fair administrators of justice.” Comey’s drafting of a press release announcing no prosecution for Clinton, written before the full investigation was even completed, is given a light touch though in the report, along the lines of roughly preparing for the conclusion based on early indications. We also learned Comey ironically used private email for government business.

    Attorney General Loretta Lynch herself is criticized for not being more sensitive to public perceptions when she agreed to meet privately with Bill Clinton aboard an airplane as the FBI investigation into Hillary unfolded. “Lynch’s failure to recognize the appearance problem… and to take action to cut the visit short was an error in judgment.” Her statements later about her decision not to recuse further “created public confusion and didn’t adequately address the situation.”

    The report also criticizes in depth FBI agents Peter Strzok and Lisa Page, who exchanged texts disparaging Trump, and then moved from the Clinton email to the Russiagate investigations. Those texts “brought discredit” to the FBI and sowed public doubt about the investigation, including one exchange that read “Lisa Page: “[Trump’s] not ever going to become president, right? Rights?! Peter Strzok: “No. No he’s not. We’ll stop it.” Another Strzok document stated “we know foreign actors obtained access” to some Clinton emails, including at least one secret message.”

    Page and Strzok also discussed cutting back the number of investigators present for Clinton’s in-person interview in light of the fact she might soon be president, their new boss. Someone identified only as Agent One went on to refer to Clinton as “the President” and in a message told a friend “I’m with her.” The FBI also allowed Clinton’s lawyers to attend the interview, even though they were also considered witnesses to a potential set of crimes committed by Clinton.

    Page and Strzok were among five FBI officials the report found expressed hostility toward Trump before his election as president, and who have been referred to the FBI’s internal disciple system for possible action. The report otherwise makes only wishy-washy recommendations, things like “adopting a policy addressing the appropriateness of Department employees discussing the conduct of uncharged individuals in public statements.”

    Attorney General Jeff Sessions indicated he will review the report for possible prosecutions. The IG previously referred former FBI Deputy Director Andrew McCabe for possible prosecution after an earlier report found McCabe leaked to the press and later “lacked candor” when speaking to Comey and federal investigators. Sessions fired McCabe him in March 2018.

    But at the end of it all, the details really don’t matter, because the report found no political bias, no purposeful efforts or strategy to sway the election. In aviation disaster terms, it was all pilot error. An accident of sorts, as opposed to the pilot boarding drunk, but the plane crashed and killed 300 people anyway.

    The report is already being welcomed by Democrats — who feel Comey had shattered Clinton’s chances of winning the election by reopening the email probe just days before the election — and by Republicans, who feel Comey let Clinton off easy. Many are now celebrating it was only gross incompetence, unethical behavior, serial bad judgment, and insubordination that led the FBI to help determine the election. No Constitutional crisis. A lot of details in those 568 pages to yet fully parse, but at first glance there is not much worthy of prosecution (though IG Horowitz will testify in front of Congress on Monday and may reveal more information.) Each side will point to the IG’s conclusion of “no bias” to shut down calls for this or that in a tsunami of blaming each other. In that sense, the IG just poured a can of jet fuel onto the fires of the 2016 election and walked away to watch it burn.

    One concrete outcome, however, is to weaken a line of prosecution Special Counsel Robert Mueller may be pursuing. To say Comey acted incompetently during the election, albeit in ways that appear to have helped Trump, does not add to the argument he is otherwise competent, on Russia or any other topic. An FBI director willing to play in politics with an investigation is simply that, an FBI director who has abandoned the core principles of his job and can’t be trusted. Defend him because it was all good natured bad judgment doesn’t add anything healthy to the question of competency.

    Mueller has just seen a key witness degraded — any defense lawyer will characterize his testimony as tainted now — and a possible example of obstruction weakened. As justification for firing Comey, the White House initially pointed to an earlier Justice Department memo criticizing Comey for many of the same actions now highlighted by the IG (adding later concerns about the handling of Russiagate.) The report thus underscores one of the stated reasons for Comey’s dismissal. Firing someone for incompetence isn’t obstructing justice; it’s the boss’ job.

    It will be too easy, however, to miss the most important conclusion of the report: there is no longer a way to claim America’s internal intelligence agency, the FBI, did not play a role in the 2016 election. There is only to argue which side they favored and whether they meddled via clumsiness, as a coordinated action, or as a chaotic cluster of competing pro- and anti- Clinton/Trump factions inside the Bureau. And that’s the tally before anyone brings up the FBI’s use of a human informant inside the Trump campaign, the FBI’s use of both FISA warrants and pseudo-legal warrantless surveillance against key members of the Trump team, the FBI’s use of opposition research from the Steele Dossier, and so on.

    The only good news is the Deep State seems less competent than we originally feared. But even if one fully accepts the IG report’s conclusion all this — and there’s a lot — was not intentional, at a minimum it makes clear to those watching ahead of 2020 what tools are available and the impact they can have. While we continue to look for the bad guy abroad, we have already met the enemy and he is us.



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    Review: A Higher Loyalty: Truth, Lies, and Leadership is Mostly About Making Jim Comey Rich

    April 25, 2018 // 17 Comments »

    Jesus to Trump: Drop Dead

    Despite the lofty title, in A Higher Loyalty: Truth, Lies, and Leadership James Comey comes across in turns petty, smug, sanctimonious, bitter, and most of all, pandering.


    Comey feeds the rubes exactly what they paid the carnival sideshow barker in front at Barnes and Noble to hear: the pee tape, the jokes about small hands, the comparisons of Trump to a mob boss, and enough Obama-worship to fill a week’s worth of Maddow.

    Where Comey could have shined — clarifying historical events from the Bush and Obama eras, shedding real light on the FBI’s interplay with the Clinton campaign, verifying or denouncing parts of the Russiagate narrative — he stops purposefully short. A Higher Loyalty: Truth, Lies, and Leadership is a quick grab at the money, something that in the old days would have been on pay-per-view cable or tucked away inside a second-tier men’s magazine.


    Comey tells us Trump is obsessed with the pee tape, desperate for the FBI to investigate-to-exonerate. “I’m a germaphobe,” Comey quotes Trump, emphasizing the president claimed he only used the Russian hotel room to change clothes. The then-Director of the FBI was apparently non-committal to his boss, but in his book safely removed by a year and the publishing process Comey writes “I decided not to tell him the activity alleged did not seem to require either an overnight stay or even being in proximity to the participants. In fact, though I didn’t know for sure, I imagined the presidential suite of the Ritz-Carlton in Moscow was large enough for a germaphobe to be at a safe distance from the activity.”

    Classy, and it sets the tone for the two men’s encounters over loyalty pledges, Mike Flynn, and all things Russia. Trump says something neatly packaged and impeachment-worthy, conveniently only in a conversation he and Comey are privy to. Comey, rather than seek clarification, always assumes the worst, keeps his thoughts to himself, but remembers to document every word in writing. Everything about James Comey is presented so that you get the message that everything he is — straight-arrow bureaucrat, warrior-poet of the people, apostle of law and order, defender of the Constitution — is what Trump isn’t. It’s my word against his, you know who you believe, might as well be the title of the book.

    You were expecting insight? Trump never laughs, Comey writes, a clear tell to a soul-seer POTUS harbors “deep insecurity, an inability to be vulnerable or to risk himself by appreciating the humor of others.” Comey describes Trump as shorter than he expected with a “too long” tie. The eyes, by the way, are “expressionless.” Comey says the president’s hands were “smaller than mine.” Jim, we get it — Trump is short, wears his ties long to compensate, has tiny hands — brother, just represent: I’m a bigger man than the president!


    The Clintons are always in the background. Comey teases there is classified but unverified info on Loretta Lynch that “casts serious doubt on the Attorney General’s independence in connection with the Clinton investigation” but unlike in the case of Trump, where classification and proprietary have the value of a paper bag in the rain, Comey reveals no details.

    Elsewhere, Comey creates his own standard, well outside the law, for why the investigation into Clinton’s exposure of classified material on her personal unclassified server did not lead to prosecution: she gosh golly just didn’t intend to do anything criminally wrong, he says, taking the term “willful” in the actual law and twisting it to mean “evil intent.” Comey says prosecution would have required a specific smoking gun message from someone telling Clinton sending classified material via unclassified channels was wrong. He has nothing to say about whether that message might have been in the 30,000 emails Clinton deleted, only shrugging his shoulders to say there was nothing to justify prosecution as far as anyone looked. Why, he adds, they even asked Hillary herself.

    And as long as he’s making up the law, those memos Comey wrote of conversations between two government employees, on Federal property, regarding national security-related official government business? He “regards” them as personal property, so their contents didn’t have to be classified and thus could not by definition be leaked. He did not, however, include them in his book and they remain hidden from the public.

    Comey writes he felt confident reopening the Clinton email probe days before the election because he ­assumed Clinton would win, and if the new investigation was revealed after her victory it might make her seem “illegitimate.” He says the same thing about keeping Russian meddling quiet, certain it wouldn’t matter when Hillary became his boss a few months later. The irony of Comey setting out to legitimize the expected Clinton presidency ended up hurting her aside, what is disturbing is the blatant admission a partisan calculus was part of the decision making in any way at all.


    It’s a heck of a thing to admit in writing, and shows how empty Comey’s constant claims to integrity lie. Should any serious prosecution emerge from the mess of the Trump presidency, Comey’s credibility as a witness is tainted, and his value to the American people he claims to serve thus diluted. Comey will see his testimony whittled down by defense lawyers even now cross-indexing statements in the book with the public record. And who knows what Seth and Trevor and Rachel will pull out of him?

    Most people tangled up in Washington beheadings get around these problems by waiting until after the dust has settled to write their books. That was the case for the Watergate gang, Oliver North, and Monica Lewinsky. The problem with Comey waiting is that there’s very little new here. If your impeachment fantasy includes the pee tape, or if you believe it is made-up, Comey has nothing to enlighten you either way.

    Instead, this is like reading a 13-year-old’s diary about why she hates boys, or a bunch of angry Tweets dragged out over 304 pages. Comey doesn’t appear to have any political ambitions, and he doesn’t seem to be using the book to audition for a talk show job. It’s not even good “score settling” in that it’s just mostly the same stuff you’ve heard before.


    And that’s all a shame, because there is a better book Comey could have written. Comey was witness to the legal wranglings inside the Bush administration over NSA’s illegal domestic spying on Americans, and was in the hospital room when Bush White House officials tried to bully ailing Attorney General John Ashcroft into reauthorizing the Stellar Wind surveillance program. Comey was there for the debates over torture, and under Obama, the use of the Espionage Act to punish journalists and whistleblowers. None of that was morally repugnant to him at a Trump-like level, and he never resigned in protest to protect his honor. Why, Jim?

    Bu instead of insight into all that we get a quick overview that adds little to the known facts. Comey’s narratives are designed only to show leaders in each instance acted honorably enough for Comey’s taste, as opposed to Trump. Comey’s visceral hatred of Trump as a liar and a boor prevents Comey from writing an honorable memoir of his decades inside government, and instead drives him to present a version of events where history is only of value when it can be slaved to making Trump look bad in comparison. It’s a thin shell for anyone who knows more about these events than Colbert or Meyers spoon out.

    There’s a reason why circus sideshows got out of town after a few days, before the rubes figured out the “Alien from Mars” was just a rabbit with some fake teeth glued on. It’s pretty clear Comey’s higher loyalty lies only to making a quick buck for himself with a near-substance free book, before anyone realizes it’s all a fraud.


    Update: Amazon dropped the pre-order price three bucks the day after for Comey’s book was formally released…)


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    FARA: Freedom of the Press, But On the Government’s Terms

    March 31, 2018 // 21 Comments »



    A bipartisan group of lawmakers called for Attorney General Jeff Sessions to investigate if Al Jazeera, the news outlet connected to the Qatari government, should register with the Justice Department as an agent under the Foreign Agents Registration Act (FARA.)

    This has broad implications for our First Amendment, our access to dissenting opinions, and in how the rest of the world views us.


    The lawmakers claim Al Jazeera “directly undermines American interests” and broadcasts “anti-American, anti-Semitic, and anti-Israel” material. Al Jazeera would join Russian outlets RT and Radio Sputnik, Japan’s Cosmomedia, the Korean Broadcasting System, and the China Daily in registering as foreign state propaganda outlets. DOJ has also been asked to look into a range of other Chinese media.

    Ironically, the bipartisan request to force Al Jazeera to register comes amid a controversy over the network’s filming of a documentary critical of pro-Israel lobbying in the U.S. The network used an undercover operative to secure footage revealing possibly illegal interactions between advocacy groups and lawmakers.

    The Foreign Agents Registration Act was never intended to regulate journalism. The legislation in fact includes finely-worded exemptions for approved journalists, scholars, artists, and the like, who are not required to announce themselves as “agents of a foreign principal” regardless of what they create. The law was created in 1938 in response to German propaganda, specifically Nazi officials and those they employed to make pacifist speeches in then-neutral America and to organize sympathetic German-Americans. By requiring those working for the Nazis to register, and report their finances and spending, U.S. counterespionage authorities could more easily keep track of their activities.

    FARA law doesn’t even prohibit straight up propagandizing, though it seeks to limit the influence of foreign agents by labeling their work, apparently to help out Americans who otherwise would not be able to tell the difference on their own. The law specifically says “Disclosure of the required information facilitates evaluation by the government and the American people of the statements and activities of such persons in light of their function as foreign agents.” Indeed, the Atlantic Council claims these actions “do not suppress freedom of speech; instead, it serves the First Amendment by supplementing information available to the public.”

    Here’s a use of FARA in line with the law’s original intent: the Abu Dhabi Tourism and Culture Authority, whose job is to lobby Americans on behalf of a foreign government, in this case, to take vacations in Abu Dhabi, is a FARA registrant. You know who is up to what when the Abu Dhabi Tourism and Culture Authority says they have decent beaches you should visit. Other typical registrants might include an American lawyer hired by Saudi Arabia to lobby Congress in favor of more arms sales. Being a foreign agent is happily legal and very popular with former Congresspeople and government bureaucrats; you just need to announce your employer.


    But FARA can also serve a more nefarious purpose, as a Catch-22 prosecution (a “compliance statute”) for those the U.S. wants to declare as foreign agents but who resist; if the feds want to taint you as a foreign agent, you either agree and register, or face jail.

    That is what happened in the case of RT and Radio Sputnik. Following the 2016 election, frightened officials demanded the Russian news organizations register as propaganda agents. RT’s editor-in-chief maintained her network was an independent news outlet, but chose to comply rather than face criminal proceedings, adding “we congratulate the American freedom of speech and all those who still believe in it.” Critics then swung RT’s snarky comment on free speech into “proof” it unfairly criticizes America.

    The use of FARA to allow the government to declare which foreign media outlets produce “news” and which produce “fake news” and propaganda is “a shift in how the law has been applied in recent decades,” said the Committee to Protect Journalists. “We’re uncomfortable with governments’ deciding what constitutes journalism or propaganda.”


    As the Justice Department wields the FARA weapon against journalists, here’s what they will face.

    Designation under FARA requires a media outlet label its reporting “with a conspicuous statement that the information is disseminated by the agents on behalf of the foreign principal,” a nutritional label for journalism. It also means the outlet must open its finances to the Department of Justice. It means Americans who choose to watch that media, or participate in its talk shows, or who work legally for those outlets, open themselves to accusations of “treason” (one political staffer was fired after being interviewed by Radio Sputnik.) It adds credence to the muddy cries of “fake news” used to shut out dissenting opinions. It gives credibility to groups like PropOrNot, which lists websites it “determines” are Russian propaganda, and Hamilton 68, which does the same for Twitter.

    Subjecting journalists to FARA sends a message about America. It encourages foreign governments to impose restrictions (Russia has already passed a law requiring outlets like CNN to register as foreign agents.) It uses the full authority of the American government to declare Al Jazeera, a network which reaches 310 million people in more than 160 countries, has no equal place within a free press because its broadcasts are “anti-American, anti-Semitic, and anti-Israel.” In the specific case of Al Jazeera, it seemingly extends America law to cover anti-Israeli propaganda as well. As with attempts to claim Wikileaks is espionage and not journalism, this use of FARA says the U.S. will use its laws to harass those with “un-American” opinions.

    The use of FARA to restrict foreign journalists also adds to rising sense among too many already frightened Americans that our freedoms are being used against us. “The U.S. is at a huge strategic disadvantage when it comes to the New Media Wars because our information environment is so open and rich,” said one former CIA Deputy Director of Intelligence. Perhaps too many dissenting voices isn’t a good idea. The Internet is just too much freedom for the First Amendment to responsibly allow. Maybe the government should become more involved in what we say, hear, watch, and read, as Facebook and Twitter (who banned RT from advertising) do now, you know, for our own protection. Our open society is a vulnerability, not a strength.


    The roots of our most basic rights flow from the freedom of the press written into the First Amendment. The press must be unfettered in reporting so citizens can make informed decisions when voting, protesting, and petitioning their government. Government should play no role in designating good journalists from bad, licensing who can report, or otherwise interfering with access to a broad range of ideas. Sorting out the marketplace of ideas — opposing opinions, bias exposed and hidden — is supposed to be our job as an informed citizenry anyway.



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    Justice Stevens is Wrong: Repealing the Second Amendment in Post-Constitutional America

    March 27, 2018 // 15 Comments »




    It is not a healthy sign for a democracy when the people ask that rights be taken from them by the government.

    Former Justice of the Supreme Court John Paul Stevens is calling for the repeal of the Second Amendment in an Op-Ed in the New York Times. And make no mistake; the article is not for restrictions on rights (which can have their place) but for the elimination of an “inalienable” right, stripping the 2A from the Constitution. Stop what you’re about to say — this is about something more fundamental than guns alone.

    Stevens argues guns are dangerous things and the Second Amendment is, in his words, “a relic of the 18th century.” He advanced similar thoughts in 2008, when dissenting in the landmark District of Columbia v. Heller, where the Supreme Court held the Second Amendment protects the right to bear arms on an individual basis, even for those unaffiliated with a militia (thus an “individual” right not a “collective” right.) Stevens claimed in his dissent “There is no indication Framers of the Amendment intended to enshrine the common-law right of self-defense in the Constitution.”

    Justice Stevens instead sees the Second Amendment as a “propaganda weapon of immense power” for the NRA. His renewed call to repeal the 2A is based mostly what he saw on TV this weekend, a march in Washington in favor of something-something-gun control-somehow Stevens believes represents a “clear sign to lawmakers to enact legislation prohibiting civilian ownership of semiautomatic weapons.” He maintains as long as the 2A exists, the NRA will simply use its declaration of the inalienable right to bear arms to “stymie legislative debate and block constructive gun control legislation.” The bulk of the Supreme Court rejected his ideas back in 2008, when Stevens tried to vote down the right to bear arms in District of Columbia v. Heller. It doesn’t make any more sense now.


    Now of course the 2A will not be repealed; a nation that can’t make up its mind on the proper legal age to purchase a handgun will never reach a consensus to amend the Bill of Rights. People like Stevens calling for its repeal likely believe they are clever negotiators, setting a marker way out there, thinking it makes bargaining towards some middle easier. Same for using the PTSD-encrusted Parkland kids as emotional, meaty symbols, labeling those who oppose “gun control” as literal murderers, alongside members of the NRA, the Republican party, and any other politician who accepts NRA money.

    The problem is demonizing everyone who owns a gun for whatever reason is never going to promote meaningful change. Those people vote, they certainly don’t see themselves as demons or people who would condone the killing of children, and they won’t trust reforms to people who label them as demons. Under those circumstances, the only “answers” are repeal or keep things as they are, the kind of solution Prohibition failed at with alcohol.

    In the ten years since his original dissent and today’s New York Times Op-Ed, Stevens hasn’t come up any better argument other than the presence of the 2A itself enables the NRA to block incremental change. That will almost certainly drive away any gun owners who might otherwise be willing to talk about some sort of restrictions. Going to the table demanding all or nothing usually yields you nothing. Stevens has also just played directly into the hands of the NRA, who have maintained all along “reforms” are just sneaky waypoints toward banning all guns. Justice Stevens’ critique is fundamentally wrong, as its premise is that not everyone is to be allowed rights, that they are gummy, not inalienable. He argues extra-Consitutionally some choices (the Parkland ones of course) exist above rights.


    Historians may well look back on Stevens’ article as a marker the United States has entered its third great era. The first, starting from the colonists’ arrival, saw the principles of the Enlightenment used to push back the abuses of an imperial government and create the Constitution and the Bill of Rights. The next two hundred some years, imperfect as they were, saw those principles progress, putting into practice what an evolving government of the people might look like. The line was steady — greater rights, more freedom, encoding away the ability of government to restrict how people could chose to live.

    We are now wading in the shallows of the third era, Post-Constitutional America, a time when we are abandoning the basic ideas that saw our nation through centuries of challenges. Those ideas — enshrined in the Bill of Rights — are disarmingly concise, the haiku of a People’s government. Now, deeper, darker waters lay in front of us, and we are drawn down into them.

    The very idea of even discussing willfully removing rights guts the heart of who we are. Rights inside our form of society are inalienable, existing organically, and are not granted by government and should not be able to be taken away. Such extraordinary privilege comes with the responsibility of tolerance; that is why the 1A protects all speech, including some quite purposely hateful and racist. It is meant to be that Americans can hate the idea of abortion, or same sex marriage, and still support someone’s else’s right to different choices with all their heart. I don’t own a gun, but you can.

    Some will argue guns are different, they kill. The same argument can be applied to abortion of course, and to speech designed to stir people to war. Some, like Stevens, say the 2A, which speaks of a “well regulated militia” the Founders intended as a substitute to a standing army is archaic language. It is. The idea a handful of people with personal weapons poses much of a tactical challenge to a standing army in the 21st century is as outdated as the Third Amendment, which prohibits the government from quartering troops in private homes.


    But the Constitution is a living document, and has changed mightly over the last two centuries to greatly expand rights implicitly and explicitly left out in the 18th century-limited minds of the men who wrote it, particularly in regards to slavery, universal suffrage, and discrimination in all its forms. “Speech” has been constantly redefined in broader and broader ways that would astound the Founders. But the broad pattern has always been toward expansion of rights carefully moderated by restrictions as limited as they must be (no shouting fire in a crowded theatre.)

    It is wrong and frightening and anti-democratic to see calls for the elimination of a full amendment from the Bill of Rights, and doubly so that such appeals resonate with so many Americans acting now out of fear and emotion. It bespeaks a fundamental change in how Americans came to be America, and opens the door wider to a Post-Constitutional United States that seems to say “You want inalienable rights? You can’t handle inalienable rights.”

    The Founders feared a King would become jealous of the People’s power and want some back. They never anticipated in 2018 the people might demand it be taken from them.




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    Gina Haspel — As if Nuremberg Never Happened

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    Nothing will say more about who we are — across three administrations, one who demanded torture, one who covered it up, and one who seeks to promote its bloody participants — than whether or not Gina Haspel becomes Director of the CIA.


    Gina Haspel tortured human beings in Thailand as the chief of a CIA black site in 2002. She is currently Deputy Director at the CIA. With current director Mike Pompeo slated to move to Foggy Bottom, President Donald Trump proposed Haspel as the Agency’s new head.

    Haspel’s victims wait for death in Guantanamo and cannot speak to us, though they no doubt remember their own screams, Haspel’s face as she broke them, what she said about freedom and America as they were waterboarded. We can still hear former CIA officer John Kiriakou say “We did call her Bloody Gina. Gina was always very quick and very willing to use force. Gina and people like Gina did it, I think, because they enjoyed doing it. They tortured just for the sake of torture, not for the sake of gathering information.”

    Kiriakou exposes the obsessive debate over the effectiveness of torture as false: torture works, just not for eliciting information. Torture and the people like Gina Haspel who conduct it seek vengeance, humiliation, and power. We’re just slapping you now, she would have said in that Thai prison, but we control you and who knows what will happen next, what we’re capable of? The torture victim is left to imagine what form the hurt will take and just how severe it will be, creating his own terror.


    Haspel won’t be asked at her confirmation hearing to explain how torture works, but these men could.

    I met my first torture victim in Korea, where I was adjudicating visas for the State Department. Persons with serious criminal records are ineligible to travel to the United States, with an exception for political crimes by dissidents. The man I spoke with said under the U.S.-supported military dictatorship of Park Chung Hee he was tortured for writing anti-government verse. He was taken to a small underground cell. Two men arrived and beat him repeatedly on his testicles and sodomized him with one of the tools they had used for the beating. They asked no questions. They barely spoke to him at all.

    Though the pain was beyond his ability to describe, he said the humiliation of being left so utterly helpless was what remained of his life, destroyed his marriage, sent him to the repeated empty comfort of alcohol, and kept him from ever putting pen to paper again. The men who destroyed him, he told me, did their work, and then departed, as if they had others to visit and needed to get on with things. He was released a few days later and driven back to his apartment by the police. A forward-looking gesture.

    The second torture victim I met while stationed in Iraq. The prison that had held him was under the control of some shadowy part of the U.S.-trained Iraqi security forces. In there masked men bound him at the wrists and ankles and hung him upside-down. He said they neither asked him questions nor demanded information. They did whip his testicles with a leather strap, then beat the bottoms of his feet and the area around his kidneys. They slapped him. They broke the bones in his right foot with a steel rod, a piece of rebar ordinarily used to reinforce concrete.

    It was painful, he told me, but he had felt pain before. What destroyed him was the feeling of utter helplessness. His strength had been his ability to control things. He showed me the caved in portion of his foot, which still bore a rod-like indentation with faint signs of metal grooves.

    Haspel blinded one of her victims. Another was broken as a human being so thoroughly he would, at the snap of his torturer’s fingers, simply lie down to be waterboarded. Haspel accused a victim of faking his psychological breakdown: “I like the way you’re drooling. It adds to the realism. I’m almost buying it.” As head of the black site Haspel had sole authority to halt the questioning but she made the torture continue.

    Gina Haspel is the same person as those who were in the rooms with the Korean, and the Iraqi.


    Gina Haspel is nominated to head the CIA because Obama did not prosecute anyone for torture; she is the future he told us to look forward toward. He did not hold any truth commissions, and ensured almost all of the government documents on the torture program remain classified. He did not prosecute the CIA officials who destroyed video tapes of the torture scenes.

    Obama ignored, as with the continued hunting down of Nazis some 70 years after their evil acts, the message that individual responsibility must stalk those who do evil on behalf of a government. “I was only following orders” is not a defense against inhuman acts. The purpose of tracking down the guilty is to punish those with blood on their hands, to discourage the next person from doing evil, and to morally immunize a nation-state.

    But to punish Gina Haspel “more than 15 years later for doing what her country asked her to do, and in response to what she was told were lawful orders, would be a travesty and a disgrace,” claims one of her supporters. “Haspel did nothing more and nothing less than what the nation and the agency asked her to do, and she did it well,” said Michael Hayden.

    Influential people in Congress agree. Senator Richard Burr, chair of the Senate intelligence committee which will soon review Haspel said “I know Gina personally and she has the right skill set, experience, and judgment to lead one of our nation’s most critical agencies.” Lindsey Graham expressed “She’ll have to answer for that period of time, but I think she’s a highly qualified person.” Bill Nelson defended Haspel’s actions, saying they were “the accepted practice of the day” and shouldn’t disqualify her.

    Dianne Feinstein signaled her likely acceptance, saying “Since my concerns were raised over the torture situation, I have met with her extensively, talked with her… She has been, I believe, a good deputy director.” Susan Collins added Haspel “certainly has the expertise and experience as a 30 year employee of the agency.” John McCain, a victim of torture during the Vietnam War, mumbled only that Haspel would have to explain her role.

    Nearly alone at present, Senator Rand Paul says he will oppose Haspel’s nomination. Senators Ron Wyden and Martin Heinrich have told Trump she is unsuitable and will likely also vote no.


    Following World War II the United States could have easily executed those Nazis responsible for the Holocaust, or simply thrown them into some forever jail on an island military base. It would have been hard to find anyone who would not have supported brutally torturing them at a black site. Instead, they were put on public trial at Nuremberg and made to defend their actions as the evidence against them was laid bare. The point was to demonstrate We were better than Them.

    We today instead refuse to understand what Haspel’s victims, and the Korean writer, and the Iraqi insurgent, already know on our behalf: unless our Congress awakens to confront the nightmare and deny Gina Haspel’s nomination as Director of the CIA, torture has already transformed us and so will consume us. Gina Haspel is a torturer. We are torturers. It is as if Nuremberg never happened.


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    Politics, Justice, and the Surveillance State

    March 12, 2018 // 5 Comments »




    The role pervasive surveillance plays in politics today has been grossly underreported. Set aside what you think about the Trump presidency for a moment and focus instead on the new paradigm for how politics and justice work inside the surveillance state.


    Incidental collectionis the claimed inadvertent or accidental monitoring of Americans’ communications under Section 702 of the FISA Amendments Act. Incidental collection exists alongside court-approved warranted surveillance authorized on a specific individual. But for incidental collection, no probable cause is needed, no warrant is needed, and no court or judge is involved. It just gets vacuumed up.

    While exactly how many Americans have their communications monitored this way is unknown, a significant number Trump staffers (no evidence of incidental surveillance of the Clinton campaign exists) were surveilled by a White House controlled by their opposition party. Election-time claims the Obama administration wasn’t “wiretapping” Trump were disingenuous. They in fact gathered an unprecedented level of inside information. How was it used?

    Incidental collection nailed Michael Flynn; the NSA was ostensibly not surveilling Flynn, just listening in on the Russian ambassador as the two spoke. The intercept formed the basis of Flynn’s firing as national security advisor, his guilty plea for perjury, and very possibly his “game changing” testimony against others.

    Jeff Sessions was similarly incidentally surveilled, as was former White House Chief Strategist Steve Bannon, whose conversations were picked up as part of a FISA warrant issued against Trump associate, Carter Page. Paul Manafort and Richard Gates were also subjects of FISA-warranted surveillance; they were surveilled in 2014, the case was dropped for lack of evidence, then re-surveilled after they joined the Trump team and became more interesting to the state.

    Officials on the National Security Council revealed Trump himself may also have been swept up in surveillance of foreign targets. Devin Nunes, chair of the House Intelligence Committee, claims multiple communications by Trump transition staff were inadvertently picked up. Trump officials were monitored by British GCHQ with the information shared with their NSA partners. Some reports claim after a criminal warrant was denied to look into whether or not Trump Tower servers were communicating with a Russian bank, a FISA warrant was issued.

    How much information on Trump’s political strategy a Democratic White House acquired via surveillance, as well as the full story of what might have been done with that information, will never be known. We do know Director of National Intelligence Dan Coats saw enough after he took office to specify the “intelligence community may not engage in political activity, including dissemination of U.S. person identities to the White House, for the purpose of affecting the political process of the United States.”

    Coats likely had in mind the use of unmasking by the Obama administration. Identities of U.S. persons picked up inadvertently by surveillance are supposed to be masked, hidden from most users of the data. However, a select group of officials, including political appointees in the White House, can unmask and include names if they believe it is important to understanding the intelligence, or to show evidence of a crime.

    Former Obama national security adviser Susan Rice told House investigators in at least one instance she unmasked the identities of Michael Flynn, Jared Kushner, and Steve Bannon. Obama’s ambassador to the United Nations, Samantha Power, also made a number of unmasking requests in her final year in office.

    But no one knows who unmasked Flynn in his conversations with the Russian ambassador. That and subsequent leaking of what was sad were used not only to snare Flynn in a perjury trap, but also to force him out of government. Prior to the leak which took Flynn down, Obama holdover and then-acting attorney general Sally Yates warned Trump Flynn could be blackmailed by Moscow for lying about his calls. When Trump didn’t immediately fire Flynn, the unmasked surveillance was leaked by a “senior government official” (likely Yates) to the Washington Post. The disclosure pressured the administration to dump Flynn.

    Similar leaks were used to try to pressure Attorney General Jeff Sessions to resign, though only resulted in him recusing himself from the Russiagate investigation. Following James Comey’s firing, that recusal ultimately opened the door for the appointment of Special Counsel Mueller.

    A highly classified leak was used to help marginalize Jared Kushner. The Washington Post, based on leaked intercepts, claimed foreign officials’ from four countries spoke of exploiting Kushner’s economic vulnerabilities to push him into acting against the United States. If the story is true, the leakers passed on data revealing sources and methods; those foreign officials now know however they communicated their thoughts about Kushner, the NSA was listening. Access to that level of information and the power to expose it is not a rank and file action. One analyst described the matter as “the Deep State takes out the White House’s Dark Clown Prince.”

    Pervasive surveillance has shown its power perhaps most significantly in creating perjury traps to manufacture indictments to pressure people to testify against others.

    Trump associate George Papadopoulos lied to the FBI about several meetings concerning Clinton’s emails. The FBI knew about the meetings, “propelled in part by intelligence from other friendly governments, including the British and Dutch.” The feds asked him questions solely in hope Papadopoulos would lie, commit perjury, even though there was nothing shown to be criminal in the meetings themselves. Now guilty of a crime, the FBI will use the promise of light punishment to press Papadopoulos into testifying against others.

    There is an element here of using surveillance to create a process crime out of a non-material lie (the FBI already knew) where no underlying crime of turpitude exists (the meetings were legal.) That that is then used to press someone to testify in an investigation that will have significant political impact seems… undemocratic… yet appears to be a primary tool Mueller is using.

    This is a far cry from a traditional plea deal, giving someone a light sentence for actual crimes so that they will testify against others. Mueller should know. He famously allowed Mafia hitman Sammy the Bull to escape more serious punishment for 19 first degree murders in return for testifying against John Gotti. No need to manufacture a perjury trap; the pile of bodies who never saw justice did the trick.

    Don’t be lured into thinking the ends justify the means, that whatever it takes to purge Trump is acceptable. Say what you want about Flynn, Kushner, et al, what matters most is the dark process being used. The arrival of pervasive surveillance as a political weapon is more significant than what happens to a little bug like Jared.




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    What Mueller Has, and What He is Missing

    March 4, 2018 // 22 Comments »



    Each week brings a new indictment from Special Prosecutor Robert Mueller along with the same question: when will he produce evidence that the president of the United States committed treason?

    Because that’s what this is really about; Some Russians somewhere may have meddled in the election. But what Mueller has to answer is whether Trump knowingly worked with a foreign adversarial government to help get himself elected in return for some quid pro quo. Mueller is tasked with proving the president, now in his 13th month in office, purposefully acts against the interests of the United States because of some debt to Russia. Here’s what Mueller has, and does not have, so far in his case.

    Manafort and Gates

    Last Friday saw a 32 count indictment charging Paul Manafort and Richard Gates with a variety of money laundering, tax evasion, and wire fraud crimes, going back eight years or more, all related to the men’s work Ukraine. Manafort and Gates were indicted by Mueller on similar charges in October. There’s a lot of money involved, and the details in the indictment don’t look good for Manafort.

    A day after the indictment, Gates pled guilty to the very minor charges of participating in a financial conspiracy with Manafort wholly unrealted to Trump, and lying to the FBI about the details of a 2013 meeting. An associate of Gates, Alex van der Zwaan, pled guilty earlier last week to false statements about contacts with Gates regarding Ukraine.

    Manafort’s case is complex, no trial date has been set, and it will likely take a year or more to conclude once started. That Mueller filed additional charges last week against Manafort all buts screams he has no cooperation deal, that Manafort hasn’t “flipped” to tell all about his three months running the Trump campaign.

    The Great Hope of course is Gates pleading guilty means he will testify against Manafort to pressure him to take a plea deal to testify against a Team Trump principal, all based on the overall assumption there is something to testify about of course. To date, nowhere in any of this is it shown there is any direct connection to Trump, the campaign, the DNC email hack, Wikileaks, the Russian government, Putin, or anything else Russiagate.


    The Russian Trolls

    Two weeks ago Mueller dropped a multi-part indictment against 13 Russian citizens connected with the so-called troll farm. The indictment alleges the group bought Facebook and Twitter ads, planned small rallies, and otherwise “meddled” in the U.S. election. Deputy Attorney General Rod Rosenstein made clear there was no allegation in the indictment any American — including members of the Trump campaign — “was a knowing participant in the alleged unlawful activity.” Rosenstein added “there is no allegation in the indictment that the charged conduct altered the outcome of the 2016 election.”

    Persons in Russia, even if some connection to the Kremlin can be shown (it hasn’t been and since Mueller will never take this case to court — his defendants all live in Russia — it is unlikely it ever will be) “meddling” have little to do with what Mueller is charged with finding out. There’s no link to Trump or anything else Russiagate. In fact, the social media campaign started years before Trump announced his candidacy, and about half its modest ad buys took place after the election was over. The troll farm itself was not much of a secret; the New York Times did a “look at this internet madness” profile on the place, which operates quite openly from an office in St. Petersburg, back in 2015.

    Michael Flynn
    Mueller also charged former Trump National Security Advisor Michael Flynn with a non-material lie to the FBI (teh FBI already knew the truth from surveillence, Flynn stepped into a perjury trap set up for him. The likely sentence is a fine.) Flynn initially plead guilty, though is understood to be reconsidering and may withdraw that plea. Flynn’s lies and other accusations centers on his work as an unregistered foreign agent for Turkey, a NATO ally. Prosecutions for failing to register as a foreign agent are rare, and penalties generally light. Washington has played very loose with the Foreign Agents and Registration Act for a long time, as many former members of Congress and executive branch employees make millions working for foreign governments lobbying DC.

    Flynn also admitted he lied to the FBI about a conversation with Russian ambassador Sergey Kislyak during the transition period. The conversation, though not illegal, was surveilled by the NSA. Leaked information out of the Obama White House suggests the two men talked about outgoing President Obama’s executive order imposing sanctions on Russia in retaliation for its election interference. Flynn asked Russia for restraint in any planned retaliation. Critics claim this is a violation of the Logan Act, a law that has never been successfully prosecuted. Soon after the FBI interview in which Flynn falsely denied the conversation, Sally Yates, an Obama-era holdover serving as acting attorney general, warned the Trump White House Russia could blackmail Flynn over having lied. Ironically, many now believe Mueller is essentially blackmailing Flynn using that same lie, holding out a light sentence if Flynn tells all about Russiagate, again assuming there is anything tell and that Flynn knows it.

    George Papadopoulos

    Another output from the Mueller team is the guilty plea of George Papadopoulos, who may or may not have been a serious part of the Trump campaign; Sarah Sanders, the White House spokeswoman, explained Papadopoulos’s role as “a volunteer member of an advisory council that literally met one time.”

    Papadopoulos pleaded guilty to the relatively minor crime (his likely sentence is a fine) of a non-material lie to the FBI about a meeting he had in London with a Maltese professor named Joseph Mifsud, another perjury trap of Mueller’s based on intelligence data. Mifsud had made a pseudo-reputation for himself jetting around the world bragging about his connections. He supposedly introduced Papadopoulos to two other people with claimed ties to the Russian government, and sought to arrange a meeting between the Trump campaign and Russian officials. The professor said the Russians had “dirt” on Hillary Clinton in “thousands of emails.” Much of this information is laced through the so-called Steele dossier paid for by the DNC and used by the FBI to later obtain a FISA warrant on one-time Trump campaign volunteer Carter Page. No meeting took place and no emails or dirt was handed over.

    The cast of characters is interesting; one might imagine their credibility testifying at an impeachment hearing. Carter Page has not been charged with anything. He has recently claimed he is near-bankrupt, doesn’t have a lawyer, and has written manifestos comparing himself to Martin Luther King, Jr. Back in 2013, when a Russian agent made a limp try at recruiting Page, he described him as too much of an “idiot” to bother with.

    Papadopoulos has in the past made big but empty claims about his connections in Russia and his role in the Trump campaign. A solid characterization, as one analyst put it, is whether the “young adviser was making plans with actual Russian officials or whether he had drifted into a fog of hucksters, tricksters, and pretenders.”

    You Got What?

    Mueller, as best we know, currently has very little regarding Russiagate. He has what appears to be solid evidence of non-Trump related financial crimes by Paul Manafort and others. Most of that seems to have come from FISA surveillance on Manafort dating back to 2014. The FBI’s investigation at that time was dropped, likely when the U.S. decided against war in the Ukraine, and it appears Mueller went into the files and revived it now that the same information could be repurposed essentially as blackmail against Manafort testifying.

    Flynn and Papadopoulos are charged with relatively minor crimes, though the potential to stack other charges against them exists. The connections to Russiagate are, however, tenuous. Flynn’s contact with the Russia ambassador can be seen as a lot of uncomplimentary things, but it does not appear to be a crime. Page and Papadopoulos would be very weak witnesses. There may be a “conspiracy to commit something” charge in there with some shady lawyering, but it seems little more.

    What Mueller’s Missing

    That’s what Mueller has. Here’s what he is missing.

    The full force of the U.S. intelligence community has been aimed at finding evidence of Russian government interference in the 2016 election (still largely undemonstrated) for some 18 months, and the Comey/Mueller team aimed at finding evidence of Trump’s collusion with Russia for about a year. It is reasonable to conclude they do not have intelligence that would form a smoking gun, no tape of a high-ranking Trump official cutting a deal with a Russian spy. If such information existed, there would be no need for months of investigation. Same for the Steele dossier, and its salacious accusations. If there was proof any of it was true, we’d be hearing it read aloud during impeachment hearings.

    What’s left is the battle cry of Trump opponents since election day: just you wait. The recount will show Hillary won. The Electoral College won’t select Trump. The Emoluments Clause will take Trump down. Or his tax returns. Or the 25th Amendment. Mueller will flip _____. The shoe will drop. Tick tock. And anything that looks like a weak move by Mueller is only an example we don’t yet understand of his keen judicial kung fu.

    No one knows the future. But so far the booked charges against Flynn and Papadopoulos, and the guilty pleas of others, point toward minor sentences to bargain over (never mind the possibility of a presidential pardon if it came to that), assuming they have relevant information to share in the first place. Manafort says he’ll go to court an defend himself. Mueller has produced nothing that has touched Trump, nothing connecting any meddling to a deal between Trump and Putin.

    The core task is not to prove some Russians, or even the Russian government, meddled in the election. A limping to the finish line conclusion to Mueller’s work just ahead of the midterm elections that Trump somehow technically obstructed justice without a finding of an underlying crime would tear the nation apart. Mueller is charged with nothing less than proving the president knowingly worked with a foreign adversarial government, receiving help in the election in return for some quid pro quo, an act that can be demonstrated so clearly to the American people as to overturn an election well-over a year after it was decided.

    It is a very dangerous thing to see the glee so many display hoping Trump will be found to be a Russian agent. That pleasure in hoping the U.S. is controlled by a foreign power because it means Trump will leave office early is not healthy for us. Mueller can fix that, but so far the bar is still seemingly pretty high above him. Given the stakes — a Kremlin-controlled man in the Oval Office — you’d think every person in govt would be on this 24/7 to save the nation, not just a relatively small staff of prosecutors ever-so-slowly filing indictments that so far have little to do with their core charge.



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    Christopher Steele’s Other Job: He Ran an Info Op Against the United States (How to Steele an Election)

    February 18, 2018 // 18 Comments »

    Christopher Steele did far more than simply provide an opposition research dossier to the Democratic National Committee, his Job One. As a skilled intelligence officer, Steele ran a full-spectrum information operation against the United States, aided either willingly or unwittingly by the FBI. His second job was the more important one: get his information into the most effective hands to influence the United States in the most significant way.

    To understand how effective Steele has been in his op, we need to understand he had two jobs. The first was to create the dossier. The second job was to disseminate the dossier. Steele had to get the information into the most effective hands to influence the United States in the most significant way.

     

    Job One: Create the Dossier

    Job One was to create the opposition research. “Oppo” is not a neutral gathering of facts, but a search for negative information that can be used against an opponent. The standards — vetting — vary with the intended use. Some info might be published with documents and verification. Some leads discovered might be planted in hopes a journalist will uncover more “on her own,” creating credibility. Some likely near-falsehoods might be handed out to sleazy media in hopes more legit media will cross report — the New York Times might not initially run a story about a sexual dalliance itself, but it will run a story saying “Buzzfeed reports a sexual dalliance involving…”

    Oppo research follows no rules; this is not peer-reviewed stuff that has to pass an ethics board. One goes out with bags of money shouting “Anyone got dirt on our opponent? We’re paying, but only for dirt!” You look for people who didn’t like a deal, people with an axe to grind, the jilted ex-wife, not the happy current one. So to say oppo research might be biased is to miss the point.

    You’re not required to look too far under a rock that hides something naughty — stop when you’ve got what you came for. It all depends how the information will be deployed. The less sure you are about the veracity of the information you acquire the more you need that info to be inherently palatable; it has to feel right to the intended audience. The old political joke is you need to find a live boy in bed, or a dead girl, to really smear an opponent with a sex scandal. So if you’re going to run with info that supports what the public already sort of believes, the standards are lower.

     

    What Does the Dossier Say?

    Turning to Christopher Steele’s dossier, it looks like he read the same espionage textbook as everyone else. So while it would have been a game-changer had Steele found unambiguous evidence of financial transactions between Trump and the Russian government, that would have required real evidence. Steele’s sources claim money changed hands, but never provide him with proof. On dossier (page 20) one source goes as far as to say no documentary evidence exists.

    That means instead of the complex financing scams you might expect out of Trump, the big takeaway from the dossier is the pee tape, sources claiming the Russians have video to blackmail Trump at any moment. The thing reaches almost the level of parody, because not only does the dossier claim Trump likes fetish sex, the fetish sex occurred in the context of an anti-Obama act (Trump supposedly for his pleasure employed prostitutes to urinate on a bed Obama once slept in.) As for other sex parties Trump supposedly participated in, the dossier notes all direct witnesses were “silenced.” You couldn’t do better if you made it all up.

    In fact, the thing reads very much like what lay people imagine spies come up with. In real intelligence work, documents showing transactions from cash to commercial paper to gold run through a Cayman Islands’ bank are much more effective than dirty video; the latter can be denied, and may or may not even matter to a public already bored by boasts of pussy grabbing and rawdog sex with porn stars. The former will show up in court as part of a racketeering and tax evasion charge that dead solid perfect sends people to jail. Intelligence officers who pay out sources maintain meticulous receipts; you think their own agencies trust them with bags of cash? And in the dark world, prostitutes don’t need to be “silenced.” They have no credibility in most people’s’ minds to begin with, and a trail of bodies just attracts attention. And unlike Steele’s product, real intel reporting is full of qualifiers, maybes, liklies and so forth, not a laundry list of certainties, because you know your own sources have an agenda. The dossier is also short of the kind of verifiable details of specific dates and places you’d expect. It is a collection of unverifiable assertions by second-hand sources, not evidence. Steele is a smart man, an experienced intelligence officer, who knew exactly what he was writing — a dossier that will read true to the rubes.

    So it is not surprising to date there has been no public corroboration of anything in the dossier. If significant parts of the dossier could be proven, there would be grounds for impeachment with no further work needed. At least one fact has been disproven –Trump’s lawyer, Michael Cohen, produced his passport to rebut the dossier’s claim that he had secret meetings in Prague with a Russian official.

    Job Two: Run the Info Op, Place the Dossier

    Steele excelled at turning his dossier into a full-spectrum information operation, what some might call information warfare. This is what separates his work creating the dossier (which a decent journalist with friends in Russia could have done) from his work infiltrating the dossier into the highest reaches of American government and political society. For that, you need a real pro, an intelligence officer with decades of experience running just that kind of op. You want foreign interference in the 2016 election? Let’s take a closer look at Christopher Steele.

    Steele’s skill is revealed by the Nunes and Grassley memos, which show he used the same set of information in the dossier to create a collaboration loop, every intelligence officer’s dream — his own planted information used to surreptitiously confirm itself, right up to the point where the target country’s own intelligence service re-purposed it as evidence in the FISA court.

    Steele admits he briefed journalists off-the-record starting in summer and autumn 2016. His most significant hit came when journalist Michael Isikoff broke the story of Trump associate Carter Page’s alleged connections to Russia. Isikoff did not cite the dossier or Steele as sources, and in fact denied they were when questioned.

    Isikoff’s story didn’t just push negative information about Trump into the public consciousness. It claimed U.S. intel officials were probing ties between a Trump adviser and the Kremlin, adding credibility; the feds themselves felt the info was worthwhile! Better yet for Steele, Isikoff claimed the information came from a “well-placed Western intelligence source,” suggesting it originated from a third-party and was picked up by Western spies instead of being written by one. Steele also placed articles in the New York Times, Washington Post, New Yorker, Mother Jones, and others.

    At the same time, Steele’s info reached influential people like John McCain, who could then pick up a newspaper and believe he was seeing the “secret” info from Steele confirmed independently by an experienced journalist. And how did McCain first learn about Steele’s work? At a conference in Canada, via Andrew Wood, former British Ambassador in Moscow. Where was Wood working at the time? Orbis, Christopher Steele’s research firm.

    A copy of the dossier even found its way to the State Department, an organization which normally should have been far removed from U.S. election politics. A contact within State passed information from Clinton associates Sidney Blumenthal and Cody Shearer (both men played also active roles behind in the scenes feeding Clinton dubious information on Libya) to and from Steele. The Grassley memo suggests there is was a second Steele document, in addition to the dossier, already shared with State and the FBI but not made public.

    The Gold Medal: Become the Source of Someone Else’s Investigation

    While seeding his dossier in the media and around Washington, Steele was also meeting in secret with the FBI (he claims he did not inform Fusion GPS, his employer), via an FBI counterintelligence handler in Rome. Steele began feeding the FBI in July 2016 with updates into the fall, apparently in the odd guise of simply a deeply concerned, loyal British subject. “This is something of huge significance, way above party politics,” Steele commented as to his motives.

    The FBI, in the process of working Steele, would have likely characterized him as a “source,” technically a “extra-territorial confidential human source.” That meant the dossier’s claims appeared to come from the ex-MI6 officer with the good reputation, not second-hand from who knows who in Russia (the FBI emphasized Steele’s reputation when presenting the dossier to the FISC.) Think of it as a kind of money laundering which, like that process, helped muddy the real source of the goods.

    The FBI used the Steele dossier to apply for a FISA court surveillance warrant against Carter Page. The FBI also submitted Isikoff’s story as collaborating evidence, without explaining the article and the dossier were effectively one in the same. In intelligence work, this is known as cross-contamination, an amateur error. The FBI however, according to the Nunes memo, did not tell the FISA court the Steele dossier was funded by the Democratic National Committee as commissioned opposition research, nor did they tell the court the Isikoff article presented as collaborating evidence was in fact based on the same dossier.

    Steele reached an agreement with the FBI a few weeks before the election for the bureau to pay him $50,000 to continue his “research,” though the deal is believed to have fallen through after the dossier became public (though an intelligence community source tells The American Conservative Steele did in fact operate as a fully paid FBI asset.) Along the way the FBI also informed Steele of their separate investigation into Trump staffer George Papadopoulos, a violation of security and a possible tainting of Steele’s research going forward.

    Gold Medal Plus: Collaborate Your Own Information

    The Nunes memo also showed then-associate deputy attorney general Bruce Ohr back-channeled additional material from Steele into the DOJ while working with Deputy Attorney General Sally Yates and her replacement, Rod Rosenstein. Ohr’s wife Nellie worked for Fusion GPS, the firm that commissioned the dossier, on Steele’s project. Ohr’s wife would be especially valuable in that she would be able to clandestinely supply info to collaborate what Steele told the FBI and, via her husband, know to tailor what she passed to the questions DOJ had. The FBI did not disclose the role of Ohr’s wife, who speaks Russian and has previously done contract work for the CIA, to the FISA court.

    Ohr’s wife only began work for Fusion GPS in September/October 2016, as the FBI sought the warrant against Page based on the Steele dossier. Ohr’s wife taking a new job with Fusion GPS at that critical juncture screams of the efforts of an experienced intelligence officer looking to create yet another pipeline inside, essentially his own asset.

    Steele’s Success, With a Little Help From His Friends

    All talk of Russia aside, it is difficult to find evidence of a foreigner who played a more significant role in the election than Christopher Steele. Steele took a dossier paid for by one party and drove it deep into the United States. Steele’s work formed in part the justification for a FISA warrant to spy on a Trump associate, the end game of which has not yet been written.

    Steele maneuvered himself from paid opposition researcher to clandestine source for the FBI. Steele then may have planted the spouse of a senior DOJ employee as a second clandestine source to move more information into DOJ. In the intelligence world, that is as good as it gets; via two seemingly independent channels you are controlling the opponent’s information cycle.

    Steele further manipulated the American media to have his information amplified and given credibility. By working simultaneously as both an anonymous and a cited source, he got his same info out as if it was coming from multiple places.

    There is informed speculation Steele was more than a source for the FBI, and actually may have been tasked and paid to search for specific information, essentially working as a double agent for the FBI and the DNC. Others have raised questions about Steele’s status as “retired” from British intelligence, as the lines among working for MI6, working at MI6, and working with MI6 are often times largely a matter of semantics. Unless Steele wanted to burn all of his contacts within British intelligence, it is highly unlikely he would insert himself into an American presidential campaign without at least informing his old workmates, if not seeking tacit permission (for the record, Steele’s old boss at MI6 calls the dossier credible; an intelligence community source tells The American Conservative Steele shared all of his information with MI6.) It is unclear if the abrupt January 2017 resignation of Robert Hannigan, the head of Britain’s NSA-like Government Communications Headquarters, is related in any way to Steele’s work becoming public.

    As for the performance of the DOJ/FBI, we do not have enough information to judge whether they were incompetent, or simply willing partners to what Steele was up to, using him as a handy pretext to open legal surveillance on someone inside the Trump circle (surveillance on Page may have also monitored Steve Bannon.)

     

    How to Steele an Election

    The Washington Post characterized Steele as “struggling to navigate dual obligations — to his private clients, who were paying him to help Clinton win, and to a sense of public duty born of his previous life.” The Washington Post has no idea how intelligence officers work. Their job is to befriend and engage the target to carry out the goals of their employer. When they do it right, the public summation is a line like the Post offered; you never even knew you were being used. In the macho world of intelligence, the process is actually described more crudely, having to do with using enough lubrication so the target didn’t even feel a rough thing pushed up a very sensitive place.

    Steele played the FBI while the FBI thought they were playing him. Or the other way around, because everyone was looking the other way. Steele ran a classic info op against the United States, getting himself inside the cycle as a clean source. Robert Mueller should be ashamed of himself if he uses any of Steele’s dossier, or any information obtained via that dossier. That’s where our democracy stands at the moment.

     

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    Oh Hell Yes the Nunes Memo Matters (But Not Why You Think It Does)

    February 10, 2018 // 7 Comments »

    California Congressman Devin Nunes’ memo details how the Department of Justice secured a FISA warrant to surveil former Trump campaign adviser Carter Page. Many feel the memo raises questions about bias inside the FBI, and the legal and ethical use of a Trump opposition research dossier as justification for a FISA warrant. Others claim the memo is irrelevant, a dud.

     

    When you wave away all the partisan smoke, what is deeply worrisome is the Nunes memo confirms American intelligence services were involved in a presidential campaign and remain so in the aftermath. No more conspiracy theories. So forget what you “agree” with, and focus on what happened during the 2016 campaign.

    The FBI conducted an investigation, the first ever of a major party candidate in the midst of a presidential battle, and exonerated Hillary Clinton of wrongdoing over her private email server, a government-endorsed “OK” for her expected victory. No real investigation was conducted into the vast sums of money moving between foreign states and the Clinton Foundation, dead-ending those concerns to partisan media.

    A month before voting the Obama administration accused the Russian government of stealing emails from the Democratic National Committee. The director of national intelligence, James Clapper, said the leaked emails (which reflected poorly on Clinton) “are intended to interfere with the U.S. election process.” The FBI swung again and said well maybe there was something to see in Clinton’s emails, buried on Anthony Weiner’s laptop. The CIA/NSA meanwhile leaked like cheap diapers throughout the campaign. Trump owes money to Russia. Trump’s computers communicate with Russia. The Russians have sexy kompromat on Trump. That the newly-elected president is literally a tool of Russian intelligence became a common element in the national conversation (John McCain on the Nunes memo release: “We are doing Putin’s job for him.”)

    Leave aside the question of what in all of the above is actually true. Maybe Clinton’s private email server exposed no secrets. Maybe Trump’s real estate ventures have dirty Russian money in them. Or maybe not, it is doubtful any of us will ever know. What is important is each of those actions by the intelligence community affected the course of the election. They may not have always shifted votes in the intended way, or there theoretically may have been no intention per se, but the bare naked fact is unlike any previous presidential election the intelligence community played an ongoing public role in who ended up in the White House, and now, for how long the elected president remains there.

     

    And of course the intelligence community was deep in the Steele dossier, the focal point of the Nunes memo. Christopher Steele is a former British intelligence officer with a long history of close work with his American counterparts. He was commissioned first by a conservative website to develop dirt (“opposition research”) on candidate Trump. Funding swiftly shifted to Clinton surrogates, who saw the thing through to being leaked to the FBI. Steele’s product, the dossier, is a collection of second-hand gossip, dangling suggestions of entanglements between Trump and shadowy Russians, and of course, the infamous pee tape. Nothing in the dossier has been confirmed. It might all be true, or none of it. We will likely never know.

    The FBI nonetheless embraced the dossier and morphed it from opposition research into evidence. Per the Nunes memo, the Steele dossier, and a “collaborating” article actually derived from the same information leaked by Steele to the author, then became part the legal justification for a FISA surveillance warrant issued against Trump associate Carter Page. A product of unclear reliability created and promoted via the opponent’s campaign abetted by the western intelligence community justified the demand to spy on Trump campaign associate Carter Page.

    Much will be made of how influential, or not, the Steele dossier was in obtaining the original FISA warrant, and whether or not its use was legal at all. The Nunes memo states recently “retired” FBI No. 2 Andrew McCabe confirmed no FISA warrant would have been sought without the Steele dossier; McCabe denies saying that during still-classified and still-unreleased testimony. Senior DOJ officials knew the dossier’s politics but left that information off their FISA application. Does any of that matter?

    We will never know. The Foreign Intelligence and Surveillance Act court works in secret. The standards are secret, the results and decisions are secret. None of us knows what matters to a FISA judge in rendering a decision to spy on an American campaign associate. Someone can release the so-called “underlying documents” (they’re typically dozens of pages long) DOJ used for the FISA application but without knowledge of FISA standards, those documents won’t be of much help. The apparatus of spying in America, including the FISA court, is widely supported and authority to spy was just extended with support from both parties.

    If you want to assert the FISA warrant on Page was apolitical, issued only to collect on his possible role as a Russian agent, and no strategy, financial, or campaign information was collected, or that if it was it was simply discarded, well, that’s a beneficent view of human nature, never mind a bizarrely generous level of trust in government. Yet even if the intent was righteous and the people involved lawful, the information is stored. Which person or agency has control of it today is not necessarily who will control it in the future; information is forever.

     

    Remember, too, the Nunes memo addresses only one FISA warrant on one person from October 2016; investigations into Trump, et al, had been ongoing well before that. We do not know, for example, what information formed the basis of the July 2016 investigation into Trump staffer George Papadopoulos the Nunes memo mentions; it may have been passed from the Australians via U.S. intelligence. Michael Flynn’s conversations with Russian persons were “inadvertently” monitored and later “unmasked” (and leaked) by Obama administration officials. Jeff Session’s conversations with the Russian ambassador were collected and leaked. The Nunes memo tells us then-Associate Deputy Attorney General Bruce Ohr unofficially funneled additional material from Steele into DOJ; Ohr’s wife worked for the company that first commissioned the dossier. As yet unsubstantiated reports say Trump officials were monitored by British GCHQ with the information shared with their NSA partners, a common arrangement on both sides to get around domestic laws limiting such work on one’s own citizens, such as when a FISA warrant can’t be obtained, or one does not want to leave a paper trail.

     

    If you’re fine with the U.S. government using paid-for opposition research to justify spying on persons connected to presidential campaign staff, then nothing further I can write will help you understand how worrisome this disclosure is. Except maybe this. Switch the candidate’s name you hate with the one you like. That means President Trump surveilling staff from the Elizabeth Warren or Bernie Sanders 2020 campaign after a dossier commissioned by the Republican party links them to China. You’d trust Trump, and every future president, with that, right?

    The involvement of the intelligence community as in the 2016 presidential campaign, clumsy and disorganized as it appears to have been, will be part of the next election, and the ones after that. If you’re in search of a Constitutional crisis, it lies waiting there. After all, when we let George W. Bush create, and Barack Obama greatly expand, the surveillance state, what did we think it would come to be used for?

     

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    A Handy Definition of the “Deep State”

    February 6, 2018 // 11 Comments »




    I ran into this, from Caitlin Johnstone, and thought it worth sharing:

    The term “deep state” does not mean “Democrats and Never-Trumpers” as Republican pundits would have you believe, nor does the term refer to any kind of weird, unverifiable conspiracy theory. The deep state is in fact not a conspiracy theory at all, but simply a concept used in political analysis for discussing the undeniable fact that unelected power structures exist in America, and that they tend to form alliances and work together in some sense. There is no denying the fact that plutocrats, intelligence agencies, defense agencies and the mass media are both powerful and unelected, and there is no denying the fact that there are many convoluted and often conflicting alliances between them. All that can be debated is the manner and extent to which this is happening.

    The deep state is America’s permanent government, the U.S. power structures that Americans don’t elect. These power structures plainly have a vested interest in keeping America’s Orwellian surveillance structures in place, as evidenced by the intelligence community’s menacingly urgent demand for FISA renewal back in December. If there’s any thread to be pulled that really could make waves in the way Official Washington (hat tip to the late Robert Parry) operates, it is in the plot holes between the bipartisan scramble toward unconditional surveillance renewal and the highly partisan battle over exposing the abuse of those very powers.

    If we’re going to see a gap in the bars of our cages, that’s a great place to keep our eyes trained, so keep watching. Watch what happens in a partisan war where both parties have a simultaneous interest in revealing as little of the game as possible and exposing the other party. Things could get very interesting.



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    American Immigration: We Need a Merit-Based System

    February 4, 2018 // 4 Comments »


    The American immigration system based on family reunification is broken. A merit/points-based system can fix it.

    Nearly alone in the industrialized world, the U.S. has a patchwork of immigration laws and policies which fail the national interest while simultaneously failing many of the people seeking to immigrate here. What to do about immigration is a national policy decision (like defense spending, environmental rules, and taxes), not a global humanitarian program (that’s refugees.) The answer is not less immigration. Every person who brings their skills and labor contributes to growth, and everyone who acquired skills abroad did so at no cost to the U.S. In a global economy, that represents a magnificent advantage to nations that understand infrastructure is much more than bricks and mortar. It’s brains.

    Dollars and cents? Immigrant-owned businesses in 2014 generated more than $775 billion in sales and paid out more than $126 billion in payroll. Immigrant-owned businesses collectively created four million of the jobs today in the United States. Immigrants and their children founded 40% of Fortune 500 companies, which collectively generated $4.2 trillion in revenue in 2010. And you don’t need another list of immigrant celebrities, scientists, and business leaders.

    But what if we can do better, a lot better?

    Through the end of the 19th century, America essentially had no immigration law. The country was huge, land was available for the taking, and the need for unskilled workers seemed bottomless. The waves of Germans, Irish, Jews, Italians, and Chinese came from every, well, shithole across Europe and beyond. They entered an America where New York City was a center of light manufacturing and the source of more than half of all ready-made clothing, and the vast midwest was blanketed with family farms and steel plants greedy for workers. This system gave way as the first real immigration laws targeted the Chinese, no longer needed to build the railways out west, and, following WWI, Italians and eastern European Jews who were considered “inferior.” Racism played a significant role, but it dovetailed more than coincidentally with an economy that was shrinking (ultimately, the Great Depression) and demanding more skilled workers.

    The years following WWII saw a massive change in immigration law. In the booming post-war economy, it was believed there was room for everyone again, and old racial wrongs were righted by removing national quotas and emphasizing family unification. Most post-war immigrants, unlike those of the great waves of the 19th and early 20th centuries, were the relatives of earlier immigrants. Little attention was paid to who these people were, what education and skills they had and, most significantly, what the needs of the American economy were in comparison. The majority of available slots were given to family ties, not persons independently seeking to work in America like our great grandfathers. This is the system in place today.

    Family reunification has some no-brainers, such as relatively easy entry for the spouses, children, and parents of American citizens. The complications arise in the preference categories. These include adult unmarried sons and daughters of U.S. citizens and Green Card holders, and their families. Also allowed to immigrate are the married adult sons and daughters of U.S. citizens and their families, and the brothers and sisters of U.S. citizens, and their spouses and minor children. Once those people become legal, they can then file for immigration for their next generation of relatives. One immigrant can sponsor dozens of relatives, who in turn can then sponsor dozens — chain immigration.
    There are two massive problems with this system.

    Mexico, the Philippines, China, India, and the Dominican Republic are the most prolific sending countries to the U.S., creating a statistical snowball; more Chinese immigrants means more Chinese relatives to follow. Because of that snowball effect, and because Congress places strict numerical limits on the number of most family reunification-based immigrants, the waiting lines grow exponentially. In fairness to other nations with fewer emigrants, Congress created country-by-country limits (de facto quotas.) Those limits have become unmanageable under the first-come, first-served system. The most-backed up is the processing of siblings of Americans from the Philippines. That process is only now taking those applications (“priority date”) first filed in 1994. Applicants literally die waiting for their turn. Others see the long wait and jump the line, entering the U.S. illegally.

    How many people are we talking about? For all of the family unification immigrant visas, in 2017, about 466,585 people, out of a total immigrant pool of 559,536.
    That left 23,814 visas for people who immigrated to the U.S. based solely on their skills, education, and talent — merit. So out of more than half a million souls, only 23,814 were admitted based on what they bring to the U.S. Everyone else can be a butcher, a baker, a candlestick maker, or, randomly, a rocket scientist.

    The core problem with the family reunification system is the primary qualification to legally immigrate is simply that family tie; are you the sibling of an American? Welcome. So America gets the drunk brothers alongside the physicist sister. It’s a crap shoot. There is no connection to America’s economic needs. The family reunification system is a 19th-century legal hangover.

    It actually is worse than just the numbers when it comes to seeking the best and brightest from around the world. Of the 20,000 some merit based immigrants, in 2017 almost 7,000 of them were designated only as “skilled,” meaning they had only two years of training or work experience, and did not require a college degree. There are even a handful of merit-based visas reserved for unskilled workers.

    More? Merit-based immigration is largely based on first-come, first-serve grappling for those limited spaces. There is nothing in the system to prioritize a scientist working on something critical to the U.S. versus someone educated but in a field already overcrowded. It all depends on who files the paperwork first.

    The American family unification system, with its small number of merit-based visas tagging along, is near unique in the industrialized world. Britain, Canada, Australia, and New Zealand use primarily a merit system based on “points.” Based on national needs, an applicant with no relatives in Canada will accrue points based on education (Canada awards 25 points for a Master’s, only five for a high school diploma), language ability (24 points toward immigration up north if you are fluent in English and French), and job skills. But you may not need a master’s in computer technology, for Canada: they’ll take you if you’re a rocket scientist, but they’ll also take you if you are a tar sands miner willing to live five years in the unsettled west. Think you’re good enough for Canada? Start the points process here.

    The present system fails so badly that it remains a statiscal miracle any good comes out of it at all. The small number of merit-based immigrants are untethered to America’s economic needs, and the family-based system is backlogged. How can the U.S. bring it’s immigration system into the 21st century?

    Step one is an emotional reckoning. We all know your grandfather came here with nothing and built his American Dream; mine, too. We also know many people rightly fear their jobs are endangered by immigration. It is time for America to move past the falsehoods and full-on hate that drives too much of the conversation. Same for the myths that largely unfettered immigration is so enshrined in the American story as to be untouchable.

    America must then move away from its over-emphasis on family-based immigration. Eliminate certain categories, or more sharply limit them. Then, remake the current merit system into a points system directly tied to economic needs. Need more electrical engineers than web developers? Prioritize. Change the priorities as needed, and move resources from the family-based side to the points side so that cases are processed fast enough that demand and supply match up. There are various proposals long these lines being put forth by Republicans in Congress that don’t cut immigration, just change it.
    It is hard to see why this seems so complicated. If the U.S. can draw the global best and brightest instead of hoping someone’s brother falls into the slot, why wouldn’t we want to do that?

     

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    The People v. Trump: Is There a Case for the 25th Amendment?

    January 30, 2018 // 14 Comments »


    The media is of one mind: Donald Trump is mentally incompetent and must be removed from office before he blows us all to hell. It says so on Vox, New York Review of Books, CNN, The Intercept, CNBC, The Nation, Bill Moyers, Salon, and the NYT. A new book, The Dangerous Case of Donald Trump: 27 Psychiatrists and Mental Health Experts Assess a President, concludes “Trump’s mental state presents a clear and present danger to our nation and individual well-being.”

    The solution is in the 25th Amendment to the Constitution. The 25A creates a mechanism aside impeachment to remove an “incapacitated” president, and Trump’s mental state, some believe, qualifies him. Is there a case?


    Dr. Bandy Lee, one of the editors of The Dangerous Case of Donald Trump, says yes. Her primary evidence is tweets Trump sent threatening Kim Jong Un. She really has no other ammunition: no doctor who says Trump is insane, including Lee, has examined him. No doctor that has examined him says he is insane. Third party anonymous accusations of incompetence are shot through with gossip. A book written by a Hollywood trash reporter is otherwise held up as critical evidence of the inner workings of the president’s mind.

    So is there a case without the tweets? Not really. Lee adds while Trump has not committed violent acts against himself or others, his “verbal aggressiveness, history of boasting about sexual assault, history of inciting violence at his rallies, and history of endorsing violence in his key public speeches are the best predictors of future violence” and thus concludes he will destroy the world. Lee also weakly points to Trump “being drawn to violent videos.” Oh my.

    We might instead look at the actual decisions Trump has made, and those of his predecessors. One president used nuclear weapons to decimate two cities worth of innocents, and a set of presidents squandered hundreds of thousands of American lives watering Vietnam with blood. Ronald Reagan was famously caught over an open mic saying he was going to start bombing the Soviet Union in the next few minutes. Another president lied about WMDs to launch an invasion of Iraq in part to avenge his dad. The same guy mocked North Korea’s leader as a pygmy. Obama said he “will not hesitate to use our military might” against the North, knowing that meant Armageddon. Historical psychiatrists say half of our past presidents may have suffered some sort of mental illness. If Trump is dangerous as president, he seems to have company.

    But how can we know? Trump will never voluntarily undergo a mental competency exam, though courts can order people to submit. But even Lee, who met with Congressional representatives to press the case Trump is insane, admits this is unlikely to happen. “Many lawyer groups have actually volunteered to file for a court paper to ensure that the security staff will cooperate with us,” Lee said. “But we have declined, since this will really look like a coup, and while we are trying to prevent violence, we don’t wish to incite it through, say, an insurrection.”


    There doesn’t seem much of a case. Still, people arguing Trump is insane and must be removed from office point to the 25th Amendment to the Constitution as just what the doctor ordered.

    The Constitution did not originally lay out (Article II, Section 1, Clause 6) what happens if a president dies or becomes incapacitated. It was just assumed the Vice President would serve as “Acting President.” The 25A, passed after the Kennedy assassination, created the first set of rules for this sort of situation.

    The 25A has four short subsections. If the presidency goes vacant (for example, fatal heart attack), the vice president becomes president. If the vice-presidency goes vacant, the president chooses a new VP. If the president knows he’ll be incapacitated (unable to carry out his job, for example, due to scheduled surgery), he can voluntarily and temporarily assign his duties to the vice president. If the president is truly incapacitated (unconscious after an assassination attempt) and can’t voluntarily assign away his duties, the VP and cabinet can do it for him, with a two-thirds majority confirming vote of the House and Senate.

    In the minds of the “Trump is Insane” crowd what matters most is that never-used fourth subsection, the incapacitation clause. People claim because Trump is insane he is unable to carry out his duties, and so Mike Pence, et al, must step in and transfer power away from him today. Trump would legally exist in the same status as Grandpa Simpson in the nursing home, and Pence would take over. Among other problems, this thinking imagines the 25A’s legally specific term “unable” means the same thing as the vernacular “unfit.” An unconscious man is unable to drive. A man who forgot his glasses is unfit, but still able, to drive. The 25A only refers to the first case.


    The use of the 25A to dethrone Trump is the kind of thing non-experts with too much Google time can convince themselves is true. But unlike much of the Constitution, where understanding original intent requires the Supreme Court and a close reading of the Federalist Papers, the 25A is modern legislation. We know the drafters’ intent was an administrative procedure, not a political thunderbolt. The 25A premises the president will almost always invoke succession himself, either by dying in office, or by anticipating he will be unable to discharge his duties, as in 2007 when George W. Bush went under anesthesia for his annual colonoscopy and signed things over to his vice president for a few hours.

    The reason the 25A is not intended to be used adversarially is the Constitution already specifies impeachment as the way to force an unfit president out against his will, his unfitness specifically a result of “high crimes and misdemeanors.” The people who wrote the 25A did not intend it to be an alternate method of impeachment or a do-over for an election.

    It has to be so; the Constitution at its core grants ultimate power to the people to decide, deliberately, not in panic, every four years, who is president. Anything otherwise would mean the drafters of the 25A wrote a back door into the Constitution that would allow a group of government officials, many of whom in the Cabinet were elected by nobody, to overthrow an elected president who they simply think has turned out to be bad at his job.

    Accusations of mental illness are subjective, unprovable in this case, and alarmist, perfect fodder to displace the grinding technicalities of Russiagate. Denouncing one’s political opponents as crazy was a tried and true Soviet and Maoist tactic, and a movie trope where the youngsters try to get the patriarch shut away to grab his fortune. We fear the mentally ill, and psychiatric name calling against Trump invokes that fear. “The 25th Amendment would require, for mental incapacity, a major psychotic break,” said one former Harvard Law School professor. “This is hope over reality. If we don’t like someone’s politics we rail against him, we campaign against him, we don’t use the psychiatric system against him. That’s just dangerous.”


    People saying the president is mentally ill and the 25A is the cure know they have no rational basis for their position. They know the 25A is not a work-around for impeachment proceedings they are unlikely to see. They are aware they are unethically trying to medicalize bad leadership, damning it with the taint of mental illness. They know Mike Pence and Trump’s own cabinet will never sign off on a power transfer, and they don’t want Pence in the Oval Office anyway. They know this is all kabuki, liberal fan fiction, a shadow play. The talk of mental illness and the 25A is simply political sabotage ahead of the 2018 mid-term elections.

    Trump’s time in office is finite, but what happens around him will outlast his tenure. It is dangerous to mess with the very fundamentals of our democracy, where the people choose the president, replacing that with a kabal called into session by pop psychologists. This is an attack on the process at its roots; you yokels voted for the wrong guy so somebody smarter has to clean up.




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    Martin Luther King Day: Lady Liberty is Black

    January 15, 2018 // 42 Comments »



    The United States will release released a gold coin featuring Lady Liberty as a Black woman on this day in 2017, the first time she has been depicted as anything other than white on the nation’s currency.

    “Part of our intent was to honor our tradition and heritage,” stated a spokesperson from the Mint. “But we also think it’s always worthwhile to have a conversation about liberty, and we certainly have started that conversation.”

    Good for everyone. Only the most dark hearted could be upset that a fictional character is represented in any particular way. This can’t be bad.


    …Unless we acknowledge that America is apparently satisfied with “having conversations,” raising awareness about race, and various other symbolic gestures. The Academy Awards are again coming up, and the Golden Globes just passed, and lots of people will be keeping track of how many are given out to non-white men and making much of the tally, their “much” depending on which side the scale tips. Gestures of all types are all good enough on their own, but they never really affect much. The issues of race stretch back to the Founders, well before we elected a Black president and then elected one who throws racist statements around on Twitter. We’re still dealing with the same questions.


    The same day the new liberty coin was announced in 2017, the Department of Justice released a terrifying report describing the failures throughout the Chicago Police Department, saying excessive force was rampant, rarely challenged and chiefly aimed at African-Americans and Latinos. The report was released as Chicago faces skyrocketing violence, with murders are at a 20-year high, and a deep lack of trust among the city’s Black and white residents. And yeah, of course, the police force is very, very white.

    Where was this report a year ago, or eight years ago, or ten years ago? Because the implication here is that the Obama administration issued this in its final days, allowing it (and not any solution or progress) to be part of his legacy. Suspecting Trump will not make dealing with these issues a priority, Obama’s DOJ can take credit for “starting a conversation” about Chicago while walking away from the heavy lifting of helping fix it. DOJ might as well have issued a commemorative coin in lieu of the report.


    We all know the rest: 1 in every 15 African American men are incarcerated in comparison to 1 in every 106 white men. According to the Bureau of Justice statistics, one in three Black men can expect to go to prison in their lifetime. Once convicted, Black offenders receive longer sentences compared to white offenders. You can find similar numbers for poverty (nearly a quarter of blacks are living in poverty, almost the same as in 1976), unemployment (double that of whites), life expectancy, and voter disenfranchisement.

    Clearly over the last seven decades somebody could have fixed some of that. It can’t all be impossible.

    Now, there has been some progress. America wrapped up formal slavery in 1865, only 76 years after the Bill of Rights. And then it was only another 100 some years before the Civil Rights laws tried hard to grant Blacks the rights the 1865 victory gave them. We don’t have lynchings and killings much anymore (though the Chicago PD keeps its hand in) and places that wish to discriminate against Blacks have to do it much more subtlety.

    I’m not making light of suffering, but I am using sarcasm to show how angry I am about lack of real progress. We seem content to see presence as progress — first Black major leaguer, first Black Supreme Court Justice, first Black _____, first Black president. Again, there is nothing bad there, but now that the top box has been checked, what happens next?

    In other words, we get Martin Luther King day as a Federal holiday while at the same time we don’t get the values King embodied. There you go. As one person put it “The Dr. King we choose to remember was indeed the symbolic beacon of the civil rights movement. But the Dr. King we forget worked within institutions to transform broken systems.” Change is not organic; it must be made to happen.

    It is hard to come to any conclusion other than we as a society just don’t care. There are so many excuses (he was blocked by the Republicans, they’re still a tiny minority in Congress, the media, etc.) but even America’s Black president failed hard to make much of a real difference. We seem satisfied with symbolic gestures, blowing them out of proportion while the real problems sit in plain sight, unattended. What people will characterize over the next four years as sliding backwards on racial progress seems more like business as usual, albeit without the eloquent speeches.




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    Here’s Some Cocoa, America. Tell Me What You’re So Afraid Of.

    January 14, 2018 // 13 Comments »



    Here’s what I’m afraid of. While fear has always been a tool of the vested interests to retain power, make money, and keep us under control, things may be slipping off the rails. The basic political post-war strategy of the United States power block has metastasized. The old fears deployed – the Commies, the Terrorists – were reliably a fire only a few key people could easily feed fuel into, or cool down, as needed. There was an element of control, evil and insidious, but one that maintained a balance. After all, you want enough fear to make people compliant but no so much that they end up chasing each other with pitchforks. Or driving cars through crowds of protesters.

    It is too easy now for too many people to put fuel into the fire. The establishment media, which once thrived on trading information for viewers, now trades on promoting anxiety. Confirmations of our fears no longer show up in scratchy black and white only when the president addresses the nation. They rocket 24/7, unfiltered and unfettered, tailored to match what scares us most. Then we retweet them to like-minded others, to validate our fears and form bonded communities. These are deep waters; imagine an episode of Black Mirror where a device that algorithmically learns your deepest fears falls into the wrong hands.

    There’s a history to all this. We first got really scared just as we were emerging as the predominant power on the planet, armed with the world’s only atomic bomb. It seems an odd set of circumstances to have been frightened in, more like one where we would have sat back and enjoyed ourselves. Yet we near-demanded a succession of presidents build the most massive national security state ever known to make us feel safe.

    We were instructed to be afraid of all sorts of stuff — communists in government and Hollywood, domino theories, revolutionary movements, a whole basket of Bond villains. Those who supported peace were labeled as working for the enemy. Pretty much anything the people in charge wanted to do — distort civil liberties, raise taxes to pay for weapons, overthrow governments, punish Americans for things they wrote or said — was widely supported because we were afraid what might happen otherwise. Most people now realize the fear was overblown. Almost every American who died from the Cold War died in a fight we picked, inflamed, or dove blindly into. Cancer and car accidents took more lives than Dr. Strangelove. Fear justified terrible actions in our name.

    Then we got really scared following September 11, 2001, more than we ever were of the Russians. The terrorists lived among us. They were controlled by masterminds, simultaneously unpredictable and devious plotters playing the long game. They could turn our children into jihadis via MySpace. Pretty much anything the people in charge wanted to do — distort civil liberties, raise taxes to pay for weapons, overthrow governments, punish Americans for things they wrote or said — was widely supported because we were afraid what might happen otherwise. Some people now realize the fear was overblown. Diabetes and ladder falls took more lives than Bin Laden.

    For a long time we’ve been acting like a shelter dog when the Bad Man comes into the room. The difference is that we were mostly afraid of the same thing, a mass driven by anxiety more or less in the same direction, a straight line that could not be anything but purposeful.

    The nasty twist for 2018 is we live in a world of mainstream media with barely screened ideological bias, backed up by social media of barely contained mental stability. At the same time, we are ever more diverse and equally ever more separated, divided into a thousand incommunicado sub-reddits. It isn’t practical anymore for us to have common fears.

    Fear is powerful. A sound triggers a memory that sets off involuntary, subconscious processes: the heart rate jumps, muscles twitch, higher brain functions switch to fight-or-flight. Exist in this state long enough and you end up with Post Traumatic Stress Syndrome, the inability to control your reaction to certain stimuli. Imagine a whole country that way trying to make good decisions, where fear trumps rational thinking.

    Looking at a blog post from a few years ago about what we were afraid of then, there are some familiar names. Putin was going on to invade Europe and Kim Jong Un was going to start a war over a Seth Rogin comedy called The Interview. But there were no mainstream claims the president was unfit at his core; people who feared that were pushed aside as conspiracy theorists, crazy themselves, and made fun of as “birthers.” There was no widespread anxiety democracy was teetering; people who talked about coups and the Reichstag burning were mocked on reality TV as preppers. There was a kind of consensus on what to be afraid of we subscribed to in various degrees of earnestness.

    Now there is a fear for everyone. We’re afraid Trump’ll start a war with North Korea (Kim is the sane one). We’re also afraid he won’t start a war and they’ll get us first (Kim is the crazy one.) We’re afraid Trump’s a Russian spy slipped into the White House (end of democracy) and we’re afraid the Democrats are using Mueller to overturn a legitimate election (end of democracy.) We’re worried the fascist government is taking away free speech and we’re worried the government isn’t doing enough to suppress free speech to stop hate. There are too many guns for us to be safe and not enough guns to protect us. Elect more women or women’s rights are finished. If we do elect more women (or POC, LGBTQ) the rest of us are finished.

    Bad things no longer just don’t happen, they just haven’t happened yet, and there is never a time when we can exhale. So while the story used to be the tamping down of tensions on the Korean peninsula, the headline now is a mentally ill Trump might just push the nuclear button anyway, maybe even tonight (better check Twitter.) Whatever matters to you — transgender toilet rights, abortion, guns, religion — is under lethal attack and you are not just to help decide how we live in a plurality, but to determine whether we survive at all. It is always condition yellow, fight or flight. Fear is primitive; it doesn’t matter what we fear, as long as we remain afraid.

    Trump is not the demagogue you fear, just a cruder version of what has been the norm for decades. The thing to be scared of is what emerges after him. As such, there is still time. His bizarre ascension to the world’s most powerful office could become the argumentum ad absurdum that pulls the curtain back, Oz-like, on the way fear has been used to manipulate us. The risk is Trump may also represent a wake up call of a different sort, to even worse and much smarter people, who will see the potential to cross the line from manipulation into exploitation (the real burning of the Reichstag scenario), from gross but recognizable stasis into chaos.

    Frightened enough, people will accept, if not demand, extreme and dangerous solutions to problems whose true direness exists mostly within their anxieties – remember the way fear of invasion following Pearl Harbor led us to unlawfully imprison American citizen shopkeepers and farmers of Japanese origin? Now that’s something to really be afraid of.

     

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