Daniel Ellsberg, the former Defense Department analyst who leaked the secret Pentagon Papers history of the Vietnam War, offered insights into the looming attack on Iran and the loss of liberty in the United States at a recent American University symposium. What follow are his comments from that speech. They have been edited only for space.
Let me simplify . . . and not just to be rhetorical: A coup has occurred. I woke up the other day realizing, coming out of sleep, that a coup has occurred. It’s not just a question that a coup lies ahead with the next 9-11. That’s the next coup that completes the first.
The last five years have seen a steady assault on every fundamental of our Constitution . . . what the rest of the world looked at for the last 200 years as a model and experiment to the rest of the world—in checks and balances, limited government, Bill of Rights, individual rights protected from majority infringement by the Congress, an independent judiciary, the possibility of impeachment.
There have been violations of these principles by many presidents before. Most of the specific things that Bush has done in the way of illegal surveillance and other matters were done under my boss Lyndon Johnson in the Vietnam War: the use of CIA, FBI, NSA against Americans.
All these violations were impeachable had they been found out at the time but in nearly every case the violations were not found out until [the president was] out of office so we didn’t have the exact challenge that we have today.
That was true with the first term of Nixon and certainly of Johnson, Kennedy and others. They were impeachable. They weren’t found out in time. But I think it was not their intention, in the crisis situations that they felt justified their actions, to change our form of government.
It is increasingly clear with each new book and each new leak that comes out, that Richard Cheney and his now chief of staff David Addington have had precisely that in mind since at least the early 1970s. Not just since 1992, not since 2001, but [they] have believed in executive government, single-branch government under an executive president—elected or not—with unrestrained powers. They did not believe in restraint.
When I say this, I’m not saying they are traitors. I don’t think they have in mind allegiance to some foreign power or have a desire to help a foreign power. I believe they have in their own minds a love of this country and what they think is best for this country—but what they think is best is directly and consciously at odds with what the Founders of this country [and the Framers of the Constitution] thought.
They believe we need a different kind of government now, an executive government essentially, rule by decree, which is what we’re getting with ‘signing statements.’
Signing statements are talked about as line-item vetoes which is one [way] of describing them which are unconstitutional in themselves, but in other ways are just saying the president says: ‘I decide what I enforce. I decide what the law is. I legislate.’
It’s [the same] with the military commissions, courts that are under the entire control of the executive branch, essentially of the president—a concentration of legislative, judicial, and executive powers in one branch, which is precisely what the founders meant to avert, and tried to avert and did avert to the best of their ability in the Constitution.”
Now I’m appealing to that as a crisis right now not just because it is a break in tradition but because I believe in my heart and from my experience that on this point the Founders had it right. It’s not just ‘our way of doing things’— it was a crucial perception on the corruption of power to anybody, including Americans.
On procedures and institutions that might possibly keep that power under control because the alternative was what we have just seen, wars like Vietnam, wars like Iraq, wars like the one coming.
That brings me to the second point. This executive branch, under specifically Bush and Cheney, despite opposition [even] from most of the rest of the branch, even of the cabinet, clearly intends a war against Iran, which, even by imperialist standards, [violates] standards in other words which were accepted not only by nearly everyone in the executive branch but most of the leaders in Congress.
The interests of the empire, the need for hegemony, our right to control and our need to control the oil of the Middle East and many other places. That is consensual in our establishment. …
But even by those standards, an attack on Iran is insane. And I say that quietly, I don’t mean it to be heard as rhetoric. Of course it’s not only aggression and a violation of international law, a supreme international crime, but it is by imperial standards, insane in terms of the consequences.
Does that make it impossible? No, it obviously doesn’t; it doesn’t even make it unlikely.
That is because two things come together that with the acceptance for various reasons of the Congress—Democrats and Republicans—and the public and the media, we have freed the White House — the president and the vice president—from virtually any restraint by Congress, courts, media, public, whatever.
And on the other hand, the people who have this unrestrained power are crazy. Not entirely, but they have crazy beliefs.
And the question is what then, can we do about this?
We are heading toward an insane operation. It is not certain. [But it] is likely.… I want to try to be realistic myself here, to encourage us to do what we must do, what is needed to be done with the full recognition of the reality. Nothing is impossible.
What I’m talking about in the way of a police state, in the way of an attack on Iran, is not certain. Nothing is certain, actually. However, I think it is probable, more likely than not, that in the next 15, 16 months of this administration we will see an attack on Iran. Probably. Whatever we do.
And . . . we will not succeed in moving Congress, probably, and Congress probably will not stop the president from doing this. And that’s where we’re heading. That’s a very ugly, ugly prospect.
However, I think it’s up to us to work to increase that small, perhaps—anyway not large—possibility and probability to avert this within the next 15 months, aside from the effort that we have to make for the rest of our lives.
Getting back the constitutional government and improving it will take a long time. And I think if we don’t get started now, it won’t be started under the next administration.
Getting out of Iraq will take a long time. Averting Iran and averting a further coup in the face of a 9-11, another attack, is for right now, it can’t be put off. It will take a kind of political and moral courage of which we have seen very little.
We have a really unusual concentration here and in this audience, of people who have in fact changed their lives, changed their position, lost their friends to a large extent, risked and experienced being called terrible names, ‘traitor,’ ‘weak on terrorism’—names that politicians will do anything to avoid being called.
How do we get more people in the government and in the public at large to change their lives now in a crisis in a critical way? How do we get Nancy Pelosi and Harry Reid for example? What kinds of pressures, what kinds of influences can be brought to bear to get Congress to do their jobs? It isn’t just doing their jobs. Getting them to obey their oaths of office.
I took an oath many times, an oath of office as a Marine lieutenant, as an official in the Defense Department, as an official in the State Department as a Foreign Service officer. A number of times I took an oath of office which is the same oath of office taken by every member of Congress and every official in the United States and every officer in the armed services.
And that oath is not to a commander in chief, which is not [even] mentioned. It is not to a Fuehrer. It is not even to superior officers. The oath is precisely to protect and uphold the Constitution of the United States.
Now that is an oath I violated every day for years in the Defense Department without realizing it when I kept my mouth shut when I knew the public was being lied into a war as they were lied into Iraq, as they are being lied into war in Iran.
I knew that I had the documents that proved it, and I did not put it out then. I was not obeying my oath, which I eventually came to do.
I’ve often said that Lt. Ehren Watada—who still faces trial for refusing to obey orders to deploy to Iraq which he correctly perceives to be an unconstitutional and aggressive war—is the single officer in the United States armed services who is taking seriously [the matter of] upholding his oath.
The president is clearly violating that oath, of course. [All the personnel] under him who understand what is going on — and there are myriad — are violating their oaths. And that’s the standard that I think we should be asking of people.
On the Democratic side, on the political side, I think we should be demanding of our Democratic leaders in the House and Senate—and frankly of the Republicans —that it is not their highest single absolute priority to be reelected or to maintain a Democratic majority so that Pelosi can still be speaker of the House and Reid can be in the Senate, or to increase that majority.
I’m not going to say that for politicians they should ignore that, or that they should do something else entirely, or that they should not worry about that. Of course that will be and should be a major concern of theirs, but they’re acting like it’s their sole concern. Which is business as usual. “We have a majority, let’s not lose it, let’s keep it. Let’s keep those chairmanships.”
Exactly what have those chairmanships done for us to save the Constitution in the last couple of years?
I am shocked by the Republicans today that I read [about] in The Washington Post who threatened a filibuster if we … get back habeas corpus. The ruling out of habeas corpus with the help of the Democrats did not get us back to George the First it got us back to before King John 700 years ago in terms of counter-revolution.
I think we’ve got to somehow get home to them [in Congress] that this is the time for them to uphold the oath, to preserve the Constitution, which is worth struggling for in part because it’s only with the power that the Constitution gives Congress responding to the public, only with that can we protect the world from madmen in power in the White House who intend an attack on Iran.
And the current generation of American generals and others who realize that this will be a catastrophe have not shown themselves —they might be people who in their past lives risked their bodies and their lives in Vietnam or elsewhere, like [Colin] Powell, and would not risk their career or their relations with the president to the slightest degree.
That has to change. And it’s the example of people like those up here who somehow brought home to our representatives that they as humans and as citizens have the power to do likewise and find in themselves the courage to protect this country and protect the world. Thank you.”
Showing posts with label Cheney. Show all posts
Showing posts with label Cheney. Show all posts
Tuesday, November 20, 2007
Monday, November 05, 2007
A Presidential Coup
Some interesting reading. Remember, even paranoids are right sometimes.
[article]
Increasingly, reputable figures are starting to talk about `a coup.’ Jim Hightower notes in an important essay, “Is a Presidential Coup Under Way?,” that a coup is defined in the dictionary as a sudden forced change in the form of government. (He also spells out the basis for a rigorously modeled impeachment and criminal prosecution.) Daniel Ellsberg’s much-emailed speech on recent events notes that, in his view, a `coup’ has already taken place. Ron Rosenbaum speculates in an essay on Slate about the reasons the Bush administration is withholding even from members of Congress its plans for Continuity of Government in an emergency — noting that those worrying about a coup are no longer so marginal. Frank Rich notes the parallels between ourselves and the Good Germans. And Congress belatedly realizes as if waking from a drugged sleep that it might not be okay for the Attorney General to say the President need not obey the law. Congress may realize why Mukasey CAN’T say that `waterboarding is torture’ — the minute he does so he has laid the grounds for Bush, Cheney and any number of CIA and Blackwater interrogators to be tried and convicted for war crimes. They are so keenly aware that what they have been doing is criminal that laws such as the Military Commissions Act of 2006 have been drafted specifically to protect them and the torturers and murderers they have directed from criminal prosecution. That is why insisting that Mukasey say that waterboarding is torture is, in spite of the alarming apparent defection of Feinstein and Schumer, an important tactic and even the perfect opening for the impeachment bid that Kucinich is bringing on November 6th to be followed by Congressional investigations into possible criminality.
[article]
Wednesday, September 26, 2007
Rise of Amerika: The Police State
Fascist America, in 10 easy steps
From Hitler to Pinochet and beyond, history shows there are certain steps that any would-be dictator must take to destroy constitutional freedoms. And, argues Naomi Wolf, George Bush and his administration seem to be taking them all
Tuesday April 24, 2007The Guardian
Last autumn, there was a military coup in Thailand. The leaders of the coup took a number of steps, rather systematically, as if they had a shopping list. In a sense, they did. Within a matter of days, democracy had been closed down: the coup leaders declared martial law, sent armed soldiers into residential areas, took over radio and TV stations, issued restrictions on the press, tightened some limits on travel, and took certain activists into custody.
They were not figuring these things out as they went along. If you look at history, you can see that there is essentially a blueprint for turning an open society into a dictatorship. That blueprint has been used again and again in more and less bloody, more and less terrifying ways. But it is always effective. It is very difficult and arduous to create and sustain a democracy - but history shows that closing one down is much simpler. You simply have to be willing to take the 10 steps.
As difficult as this is to contemplate, it is clear, if you are willing to look, that each of these 10 steps has already been initiated today in the United States by the Bush administration.
Because Americans like me were born in freedom, we have a hard time even considering that it is possible for us to become as unfree - domestically - as many other nations. Because we no longer learn much about our rights or our system of government - the task of being aware of the constitution has been outsourced from citizens' ownership to being the domain of professionals such as lawyers and professors - we scarcely recognise the checks and balances that the founders put in place, even as they are being systematically dismantled. Because we don't learn much about European history, the setting up of a department of "homeland" security - remember who else was keen on the word "homeland" - didn't raise the alarm bells it might have.
It is my argument that, beneath our very noses, George Bush and his administration are using time-tested tactics to close down an open society. It is time for us to be willing to think the unthinkable - as the author and political journalist Joe Conason, has put it, that it can happen here. And that we are further along than we realise.
Conason eloquently warned of the danger of American authoritarianism. I am arguing that we need also to look at the lessons of European and other kinds of fascism to understand the potential seriousness of the events we see unfolding in the US.
1. Invoke a terrifying internal and external enemy
After we were hit on September 11 2001, we were in a state of national shock. Less than six weeks later, on October 26 2001, the USA Patriot Act was passed by a Congress that had little chance to debate it; many said that they scarcely had time to read it. We were told we were now on a "war footing"; we were in a "global war" against a "global caliphate" intending to "wipe out civilisation". There have been other times of crisis in which the US accepted limits on civil liberties, such as during the civil war, when Lincoln declared martial law, and the second world war, when thousands of Japanese-American citizens were interned. But this situation, as Bruce Fein of the American Freedom Agenda notes, is unprecedented: all our other wars had an endpoint, so the pendulum was able to swing back toward freedom; this war is defined as open-ended in time and without national boundaries in space - the globe itself is the battlefield. "This time," Fein says, "there will be no defined end."
Creating a terrifying threat - hydra-like, secretive, evil - is an old trick. It can, like Hitler's invocation of a communist threat to the nation's security, be based on actual events (one Wisconsin academic has faced calls for his dismissal because he noted, among other things, that the alleged communist arson, the Reichstag fire of February 1933, was swiftly followed in Nazi Germany by passage of the Enabling Act, which replaced constitutional law with an open-ended state of emergency). Or the terrifying threat can be based, like the National Socialist evocation of the "global conspiracy of world Jewry", on myth.
It is not that global Islamist terrorism is not a severe danger; of course it is. I am arguing rather that the language used to convey the nature of the threat is different in a country such as Spain - which has also suffered violent terrorist attacks - than it is in America. Spanish citizens know that they face a grave security threat; what we as American citizens believe is that we are potentially threatened with the end of civilisation as we know it. Of course, this makes us more willing to accept restrictions on our freedoms.
2. Create a gulag
Once you have got everyone scared, the next step is to create a prison system outside the rule of law (as Bush put it, he wanted the American detention centre at Guantánamo Bay to be situated in legal "outer space") - where torture takes place.
At first, the people who are sent there are seen by citizens as outsiders: troublemakers, spies, "enemies of the people" or "criminals". Initially, citizens tend to support the secret prison system; it makes them feel safer and they do not identify with the prisoners. But soon enough, civil society leaders - opposition members, labour activists, clergy and journalists - are arrested and sent there as well.
This process took place in fascist shifts or anti-democracy crackdowns ranging from Italy and Germany in the 1920s and 1930s to the Latin American coups of the 1970s and beyond. It is standard practice for closing down an open society or crushing a pro-democracy uprising.
With its jails in Iraq and Afghanistan, and, of course, Guantánamo in Cuba, where detainees are abused, and kept indefinitely without trial and without access to the due process of the law, America certainly has its gulag now. Bush and his allies in Congress recently announced they would issue no information about the secret CIA "black site" prisons throughout the world, which are used to incarcerate people who have been seized off the street.
Gulags in history tend to metastasise, becoming ever larger and more secretive, ever more deadly and formalised. We know from first-hand accounts, photographs, videos and government documents that people, innocent and guilty, have been tortured in the US-run prisons we are aware of and those we can't investigate adequately.
But Americans still assume this system and detainee abuses involve only scary brown people with whom they don't generally identify. It was brave of the conservative pundit William Safire to quote the anti-Nazi pastor Martin Niemöller, who had been seized as a political prisoner: "First they came for the Jews." Most Americans don't understand yet that the destruction of the rule of law at Guantánamo set a dangerous precedent for them, too.
By the way, the establishment of military tribunals that deny prisoners due process tends to come early on in a fascist shift. Mussolini and Stalin set up such tribunals. On April 24 1934, the Nazis, too, set up the People's Court, which also bypassed the judicial system: prisoners were held indefinitely, often in isolation, and tortured, without being charged with offences, and were subjected to show trials. Eventually, the Special Courts became a parallel system that put pressure on the regular courts to abandon the rule of law in favour of Nazi ideology when making decisions.
3. Develop a thug caste
When leaders who seek what I call a "fascist shift" want to close down an open society, they send paramilitary groups of scary young men out to terrorise citizens. The Blackshirts roamed the Italian countryside beating up communists; the Brownshirts staged violent rallies throughout Germany. This paramilitary force is especially important in a democracy: you need citizens to fear thug violence and so you need thugs who are free from prosecution.
The years following 9/11 have proved a bonanza for America's security contractors, with the Bush administration outsourcing areas of work that traditionally fell to the US military. In the process, contracts worth hundreds of millions of dollars have been issued for security work by mercenaries at home and abroad. In Iraq, some of these contract operatives have been accused of involvement in torturing prisoners, harassing journalists and firing on Iraqi civilians. Under Order 17, issued to regulate contractors in Iraq by the one-time US administrator in Baghdad, Paul Bremer, these contractors are immune from prosecution
Yes, but that is in Iraq, you could argue; however, after Hurricane Katrina, the Department of Homeland Security hired and deployed hundreds of armed private security guards in New Orleans. The investigative journalist Jeremy Scahill interviewed one unnamed guard who reported having fired on unarmed civilians in the city. It was a natural disaster that underlay that episode - but the administration's endless war on terror means ongoing scope for what are in effect privately contracted armies to take on crisis and emergency management at home in US cities.
Thugs in America? Groups of angry young Republican men, dressed in identical shirts and trousers, menaced poll workers counting the votes in Florida in 2000. If you are reading history, you can imagine that there can be a need for "public order" on the next election day. Say there are protests, or a threat, on the day of an election; history would not rule out the presence of a private security firm at a polling station "to restore public order".
4. Set up an internal surveillance system
In Mussolini's Italy, in Nazi Germany, in communist East Germany, in communist China - in every closed society - secret police spy on ordinary people and encourage neighbours to spy on neighbours. The Stasi needed to keep only a minority of East Germans under surveillance to convince a majority that they themselves were being watched.
In 2005 and 2006, when James Risen and Eric Lichtblau wrote in the New York Times about a secret state programme to wiretap citizens' phones, read their emails and follow international financial transactions, it became clear to ordinary Americans that they, too, could be under state scrutiny.
In closed societies, this surveillance is cast as being about "national security"; the true function is to keep citizens docile and inhibit their activism and dissent.
5. Harass citizens' groups
The fifth thing you do is related to step four - you infiltrate and harass citizens' groups. It can be trivial: a church in Pasadena, whose minister preached that Jesus was in favour of peace, found itself being investigated by the Internal Revenue Service, while churches that got Republicans out to vote, which is equally illegal under US tax law, have been left alone.
Other harassment is more serious: the American Civil Liberties Union reports that thousands of ordinary American anti-war, environmental and other groups have been infiltrated by agents: a secret Pentagon database includes more than four dozen peaceful anti-war meetings, rallies or marches by American citizens in its category of 1,500 "suspicious incidents". The equally secret Counterintelligence Field Activity (Cifa) agency of the Department of Defense has been gathering information about domestic organisations engaged in peaceful political activities: Cifa is supposed to track "potential terrorist threats" as it watches ordinary US citizen activists. A little-noticed new law has redefined activism such as animal rights protests as "terrorism". So the definition of "terrorist" slowly expands to include the opposition.
6. Engage in arbitrary detention and release
This scares people. It is a kind of cat-and-mouse game. Nicholas D Kristof and Sheryl WuDunn, the investigative reporters who wrote China Wakes: the Struggle for the Soul of a Rising Power, describe pro-democracy activists in China, such as Wei Jingsheng, being arrested and released many times. In a closing or closed society there is a "list" of dissidents and opposition leaders: you are targeted in this way once you are on the list, and it is hard to get off the list.
In 2004, America's Transportation Security Administration confirmed that it had a list of passengers who were targeted for security searches or worse if they tried to fly. People who have found themselves on the list? Two middle-aged women peace activists in San Francisco; liberal Senator Edward Kennedy; a member of Venezuela's government - after Venezuela's president had criticised Bush; and thousands of ordinary US citizens.
Professor Walter F Murphy is emeritus of Princeton University; he is one of the foremost constitutional scholars in the nation and author of the classic Constitutional Democracy. Murphy is also a decorated former marine, and he is not even especially politically liberal. But on March 1 this year, he was denied a boarding pass at Newark, "because I was on the Terrorist Watch list".
"Have you been in any peace marches? We ban a lot of people from flying because of that," asked the airline employee.
"I explained," said Murphy, "that I had not so marched but had, in September 2006, given a lecture at Princeton, televised and put on the web, highly critical of George Bush for his many violations of the constitution."
"That'll do it," the man said.
Anti-war marcher? Potential terrorist. Support the constitution? Potential terrorist. History shows that the categories of "enemy of the people" tend to expand ever deeper into civil life.
James Yee, a US citizen, was the Muslim chaplain at Guantánamo who was accused of mishandling classified documents. He was harassed by the US military before the charges against him were dropped. Yee has been detained and released several times. He is still of interest.
Brandon Mayfield, a US citizen and lawyer in Oregon, was mistakenly identified as a possible terrorist. His house was secretly broken into and his computer seized. Though he is innocent of the accusation against him, he is still on the list.
It is a standard practice of fascist societies that once you are on the list, you can't get off.
7. Target key individuals
Threaten civil servants, artists and academics with job loss if they don't toe the line. Mussolini went after the rectors of state universities who did not conform to the fascist line; so did Joseph Goebbels, who purged academics who were not pro-Nazi; so did Chile's Augusto Pinochet; so does the Chinese communist Politburo in punishing pro-democracy students and professors.
Academe is a tinderbox of activism, so those seeking a fascist shift punish academics and students with professional loss if they do not "coordinate", in Goebbels' term, ideologically. Since civil servants are the sector of society most vulnerable to being fired by a given regime, they are also a group that fascists typically "coordinate" early on: the Reich Law for the Re-establishment of a Professional Civil Service was passed on April 7 1933.
Bush supporters in state legislatures in several states put pressure on regents at state universities to penalise or fire academics who have been critical of the administration. As for civil servants, the Bush administration has derailed the career of one military lawyer who spoke up for fair trials for detainees, while an administration official publicly intimidated the law firms that represent detainees pro bono by threatening to call for their major corporate clients to boycott them.
Elsewhere, a CIA contract worker who said in a closed blog that "waterboarding is torture" was stripped of the security clearance she needed in order to do her job.
Most recently, the administration purged eight US attorneys for what looks like insufficient political loyalty. When Goebbels purged the civil service in April 1933, attorneys were "coordinated" too, a step that eased the way of the increasingly brutal laws to follow.
8. Control the press
Italy in the 1920s, Germany in the 30s, East Germany in the 50s, Czechoslovakia in the 60s, the Latin American dictatorships in the 70s, China in the 80s and 90s - all dictatorships and would-be dictators target newspapers and journalists. They threaten and harass them in more open societies that they are seeking to close, and they arrest them and worse in societies that have been closed already.
The Committee to Protect Journalists says arrests of US journalists are at an all-time high: Josh Wolf (no relation), a blogger in San Francisco, has been put in jail for a year for refusing to turn over video of an anti-war demonstration; Homeland Security brought a criminal complaint against reporter Greg Palast, claiming he threatened "critical infrastructure" when he and a TV producer were filming victims of Hurricane Katrina in Louisiana. Palast had written a bestseller critical of the Bush administration.
Other reporters and writers have been punished in other ways. Joseph C Wilson accused Bush, in a New York Times op-ed, of leading the country to war on the basis of a false charge that Saddam Hussein had acquired yellowcake uranium in Niger. His wife, Valerie Plame, was outed as a CIA spy - a form of retaliation that ended her career.
Prosecution and job loss are nothing, though, compared with how the US is treating journalists seeking to cover the conflict in Iraq in an unbiased way. The Committee to Protect Journalists has documented multiple accounts of the US military in Iraq firing upon or threatening to fire upon unembedded (meaning independent) reporters and camera operators from organisations ranging from al-Jazeera to the BBC. While westerners may question the accounts by al-Jazeera, they should pay attention to the accounts of reporters such as the BBC's Kate Adie. In some cases reporters have been wounded or killed, including ITN's Terry Lloyd in 2003. Both CBS and the Associated Press in Iraq had staff members seized by the US military and taken to violent prisons; the news organisations were unable to see the evidence against their staffers.
Over time in closing societies, real news is supplanted by fake news and false documents. Pinochet showed Chilean citizens falsified documents to back up his claim that terrorists had been about to attack the nation. The yellowcake charge, too, was based on forged papers.
You won't have a shutdown of news in modern America - it is not possible. But you can have, as Frank Rich and Sidney Blumenthal have pointed out, a steady stream of lies polluting the news well. What you already have is a White House directing a stream of false information that is so relentless that it is increasingly hard to sort out truth from untruth. In a fascist system, it's not the lies that count but the muddying. When citizens can't tell real news from fake, they give up their demands for accountability bit by bit.
9. Dissent equals treason
Cast dissent as "treason" and criticism as "espionage'. Every closing society does this, just as it elaborates laws that increasingly criminalise certain kinds of speech and expand the definition of "spy" and "traitor". When Bill Keller, the publisher of the New York Times, ran the Lichtblau/Risen stories, Bush called the Times' leaking of classified information "disgraceful", while Republicans in Congress called for Keller to be charged with treason, and rightwing commentators and news outlets kept up the "treason" drumbeat. Some commentators, as Conason noted, reminded readers smugly that one penalty for violating the Espionage Act is execution.
Conason is right to note how serious a threat that attack represented. It is also important to recall that the 1938 Moscow show trial accused the editor of Izvestia, Nikolai Bukharin, of treason; Bukharin was, in fact, executed. And it is important to remind Americans that when the 1917 Espionage Act was last widely invoked, during the infamous 1919 Palmer Raids, leftist activists were arrested without warrants in sweeping roundups, kept in jail for up to five months, and "beaten, starved, suffocated, tortured and threatened with death", according to the historian Myra MacPherson. After that, dissent was muted in America for a decade.
In Stalin's Soviet Union, dissidents were "enemies of the people". National Socialists called those who supported Weimar democracy "November traitors".
And here is where the circle closes: most Americans do not realise that since September of last year - when Congress wrongly, foolishly, passed the Military Commissions Act of 2006 - the president has the power to call any US citizen an "enemy combatant". He has the power to define what "enemy combatant" means. The president can also delegate to anyone he chooses in the executive branch the right to define "enemy combatant" any way he or she wants and then seize Americans accordingly.
Even if you or I are American citizens, even if we turn out to be completely innocent of what he has accused us of doing, he has the power to have us seized as we are changing planes at Newark tomorrow, or have us taken with a knock on the door; ship you or me to a navy brig; and keep you or me in isolation, possibly for months, while awaiting trial. (Prolonged isolation, as psychiatrists know, triggers psychosis in otherwise mentally healthy prisoners. That is why Stalin's gulag had an isolation cell, like Guantánamo's, in every satellite prison. Camp 6, the newest, most brutal facility at Guantánamo, is all isolation cells.)
We US citizens will get a trial eventually - for now. But legal rights activists at the Center for Constitutional Rights say that the Bush administration is trying increasingly aggressively to find ways to get around giving even US citizens fair trials. "Enemy combatant" is a status offence - it is not even something you have to have done. "We have absolutely moved over into a preventive detention model - you look like you could do something bad, you might do something bad, so we're going to hold you," says a spokeswoman of the CCR.
Most Americans surely do not get this yet. No wonder: it is hard to believe, even though it is true. In every closing society, at a certain point there are some high-profile arrests - usually of opposition leaders, clergy and journalists. Then everything goes quiet. After those arrests, there are still newspapers, courts, TV and radio, and the facades of a civil society. There just isn't real dissent. There just isn't freedom. If you look at history, just before those arrests is where we are now.
10. Suspend the rule of law
The John Warner Defense Authorization Act of 2007 gave the president new powers over the national guard. This means that in a national emergency - which the president now has enhanced powers to declare - he can send Michigan's militia to enforce a state of emergency that he has declared in Oregon, over the objections of the state's governor and its citizens.
Even as Americans were focused on Britney Spears's meltdown and the question of who fathered Anna Nicole's baby, the New York Times editorialised about this shift: "A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night ... Beyond actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or any 'other condition'."
Critics see this as a clear violation of the Posse Comitatus Act - which was meant to restrain the federal government from using the military for domestic law enforcement. The Democratic senator Patrick Leahy says the bill encourages a president to declare federal martial law. It also violates the very reason the founders set up our system of government as they did: having seen citizens bullied by a monarch's soldiers, the founders were terrified of exactly this kind of concentration of militias' power over American people in the hands of an oppressive executive or faction.
Of course, the United States is not vulnerable to the violent, total closing-down of the system that followed Mussolini's march on Rome or Hitler's roundup of political prisoners. Our democratic habits are too resilient, and our military and judiciary too independent, for any kind of scenario like that.
Rather, as other critics are noting, our experiment in democracy could be closed down by a process of erosion.
It is a mistake to think that early in a fascist shift you see the profile of barbed wire against the sky. In the early days, things look normal on the surface; peasants were celebrating harvest festivals in Calabria in 1922; people were shopping and going to the movies in Berlin in 1931. Early on, as WH Auden put it, the horror is always elsewhere - while someone is being tortured, children are skating, ships are sailing: "dogs go on with their doggy life ... How everything turns away/ Quite leisurely from the disaster."
As Americans turn away quite leisurely, keeping tuned to internet shopping and American Idol, the foundations of democracy are being fatally corroded. Something has changed profoundly that weakens us unprecedentedly: our democratic traditions, independent judiciary and free press do their work today in a context in which we are "at war" in a "long war" - a war without end, on a battlefield described as the globe, in a context that gives the president - without US citizens realising it yet - the power over US citizens of freedom or long solitary incarceration, on his say-so alone.
That means a hollowness has been expanding under the foundation of all these still- free-looking institutions - and this foundation can give way under certain kinds of pressure. To prevent such an outcome, we have to think about the "what ifs".
What if, in a year and a half, there is another attack - say, God forbid, a dirty bomb? The executive can declare a state of emergency. History shows that any leader, of any party, will be tempted to maintain emergency powers after the crisis has passed. With the gutting of traditional checks and balances, we are no less endangered by a President Hillary than by a President Giuliani - because any executive will be tempted to enforce his or her will through edict rather than the arduous, uncertain process of democratic negotiation and compromise.
What if the publisher of a major US newspaper were charged with treason or espionage, as a rightwing effort seemed to threaten Keller with last year? What if he or she got 10 years in jail? What would the newspapers look like the next day? Judging from history, they would not cease publishing; but they would suddenly be very polite.
Right now, only a handful of patriots are trying to hold back the tide of tyranny for the rest of us - staff at the Center for Constitutional Rights, who faced death threats for representing the detainees yet persisted all the way to the Supreme Court; activists at the American Civil Liberties Union; and prominent conservatives trying to roll back the corrosive new laws, under the banner of a new group called the American Freedom Agenda. This small, disparate collection of people needs everybody's help, including that of Europeans and others internationally who are willing to put pressure on the administration because they can see what a US unrestrained by real democracy at home can mean for the rest of the world.
We need to look at history and face the "what ifs". For if we keep going down this road, the "end of America" could come for each of us in a different way, at a different moment; each of us might have a different moment when we feel forced to look back and think: that is how it was before - and this is the way it is now.
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands ... is the definition of tyranny," wrote James Madison. We still have the choice to stop going down this road; we can stand our ground and fight for our nation, and take up the banner the founders asked us to carry.
· Naomi Wolf's The End of America: A Letter of Warning to a Young Patriot will be published by Chelsea Green in September.
From Hitler to Pinochet and beyond, history shows there are certain steps that any would-be dictator must take to destroy constitutional freedoms. And, argues Naomi Wolf, George Bush and his administration seem to be taking them all
Tuesday April 24, 2007The Guardian
And here is where the circle closes: most Americans do not realise that since September of last year - when Congress wrongly, foolishly, passed the Military Commissions Act of 2006 - the president has the power to call any US citizen an "enemy combatant". He has the power to define what "enemy combatant" means. The president can also delegate to anyone he chooses in the executive branch the right to define "enemy combatant" any way he or she wants and then seize Americans accordingly.
Last autumn, there was a military coup in Thailand. The leaders of the coup took a number of steps, rather systematically, as if they had a shopping list. In a sense, they did. Within a matter of days, democracy had been closed down: the coup leaders declared martial law, sent armed soldiers into residential areas, took over radio and TV stations, issued restrictions on the press, tightened some limits on travel, and took certain activists into custody.
They were not figuring these things out as they went along. If you look at history, you can see that there is essentially a blueprint for turning an open society into a dictatorship. That blueprint has been used again and again in more and less bloody, more and less terrifying ways. But it is always effective. It is very difficult and arduous to create and sustain a democracy - but history shows that closing one down is much simpler. You simply have to be willing to take the 10 steps.
As difficult as this is to contemplate, it is clear, if you are willing to look, that each of these 10 steps has already been initiated today in the United States by the Bush administration.
Because Americans like me were born in freedom, we have a hard time even considering that it is possible for us to become as unfree - domestically - as many other nations. Because we no longer learn much about our rights or our system of government - the task of being aware of the constitution has been outsourced from citizens' ownership to being the domain of professionals such as lawyers and professors - we scarcely recognise the checks and balances that the founders put in place, even as they are being systematically dismantled. Because we don't learn much about European history, the setting up of a department of "homeland" security - remember who else was keen on the word "homeland" - didn't raise the alarm bells it might have.
It is my argument that, beneath our very noses, George Bush and his administration are using time-tested tactics to close down an open society. It is time for us to be willing to think the unthinkable - as the author and political journalist Joe Conason, has put it, that it can happen here. And that we are further along than we realise.
Conason eloquently warned of the danger of American authoritarianism. I am arguing that we need also to look at the lessons of European and other kinds of fascism to understand the potential seriousness of the events we see unfolding in the US.
1. Invoke a terrifying internal and external enemy
After we were hit on September 11 2001, we were in a state of national shock. Less than six weeks later, on October 26 2001, the USA Patriot Act was passed by a Congress that had little chance to debate it; many said that they scarcely had time to read it. We were told we were now on a "war footing"; we were in a "global war" against a "global caliphate" intending to "wipe out civilisation". There have been other times of crisis in which the US accepted limits on civil liberties, such as during the civil war, when Lincoln declared martial law, and the second world war, when thousands of Japanese-American citizens were interned. But this situation, as Bruce Fein of the American Freedom Agenda notes, is unprecedented: all our other wars had an endpoint, so the pendulum was able to swing back toward freedom; this war is defined as open-ended in time and without national boundaries in space - the globe itself is the battlefield. "This time," Fein says, "there will be no defined end."
Creating a terrifying threat - hydra-like, secretive, evil - is an old trick. It can, like Hitler's invocation of a communist threat to the nation's security, be based on actual events (one Wisconsin academic has faced calls for his dismissal because he noted, among other things, that the alleged communist arson, the Reichstag fire of February 1933, was swiftly followed in Nazi Germany by passage of the Enabling Act, which replaced constitutional law with an open-ended state of emergency). Or the terrifying threat can be based, like the National Socialist evocation of the "global conspiracy of world Jewry", on myth.
It is not that global Islamist terrorism is not a severe danger; of course it is. I am arguing rather that the language used to convey the nature of the threat is different in a country such as Spain - which has also suffered violent terrorist attacks - than it is in America. Spanish citizens know that they face a grave security threat; what we as American citizens believe is that we are potentially threatened with the end of civilisation as we know it. Of course, this makes us more willing to accept restrictions on our freedoms.
2. Create a gulag
Once you have got everyone scared, the next step is to create a prison system outside the rule of law (as Bush put it, he wanted the American detention centre at Guantánamo Bay to be situated in legal "outer space") - where torture takes place.
At first, the people who are sent there are seen by citizens as outsiders: troublemakers, spies, "enemies of the people" or "criminals". Initially, citizens tend to support the secret prison system; it makes them feel safer and they do not identify with the prisoners. But soon enough, civil society leaders - opposition members, labour activists, clergy and journalists - are arrested and sent there as well.
This process took place in fascist shifts or anti-democracy crackdowns ranging from Italy and Germany in the 1920s and 1930s to the Latin American coups of the 1970s and beyond. It is standard practice for closing down an open society or crushing a pro-democracy uprising.
With its jails in Iraq and Afghanistan, and, of course, Guantánamo in Cuba, where detainees are abused, and kept indefinitely without trial and without access to the due process of the law, America certainly has its gulag now. Bush and his allies in Congress recently announced they would issue no information about the secret CIA "black site" prisons throughout the world, which are used to incarcerate people who have been seized off the street.
Gulags in history tend to metastasise, becoming ever larger and more secretive, ever more deadly and formalised. We know from first-hand accounts, photographs, videos and government documents that people, innocent and guilty, have been tortured in the US-run prisons we are aware of and those we can't investigate adequately.
But Americans still assume this system and detainee abuses involve only scary brown people with whom they don't generally identify. It was brave of the conservative pundit William Safire to quote the anti-Nazi pastor Martin Niemöller, who had been seized as a political prisoner: "First they came for the Jews." Most Americans don't understand yet that the destruction of the rule of law at Guantánamo set a dangerous precedent for them, too.
By the way, the establishment of military tribunals that deny prisoners due process tends to come early on in a fascist shift. Mussolini and Stalin set up such tribunals. On April 24 1934, the Nazis, too, set up the People's Court, which also bypassed the judicial system: prisoners were held indefinitely, often in isolation, and tortured, without being charged with offences, and were subjected to show trials. Eventually, the Special Courts became a parallel system that put pressure on the regular courts to abandon the rule of law in favour of Nazi ideology when making decisions.
3. Develop a thug caste
When leaders who seek what I call a "fascist shift" want to close down an open society, they send paramilitary groups of scary young men out to terrorise citizens. The Blackshirts roamed the Italian countryside beating up communists; the Brownshirts staged violent rallies throughout Germany. This paramilitary force is especially important in a democracy: you need citizens to fear thug violence and so you need thugs who are free from prosecution.
The years following 9/11 have proved a bonanza for America's security contractors, with the Bush administration outsourcing areas of work that traditionally fell to the US military. In the process, contracts worth hundreds of millions of dollars have been issued for security work by mercenaries at home and abroad. In Iraq, some of these contract operatives have been accused of involvement in torturing prisoners, harassing journalists and firing on Iraqi civilians. Under Order 17, issued to regulate contractors in Iraq by the one-time US administrator in Baghdad, Paul Bremer, these contractors are immune from prosecution
Yes, but that is in Iraq, you could argue; however, after Hurricane Katrina, the Department of Homeland Security hired and deployed hundreds of armed private security guards in New Orleans. The investigative journalist Jeremy Scahill interviewed one unnamed guard who reported having fired on unarmed civilians in the city. It was a natural disaster that underlay that episode - but the administration's endless war on terror means ongoing scope for what are in effect privately contracted armies to take on crisis and emergency management at home in US cities.
Thugs in America? Groups of angry young Republican men, dressed in identical shirts and trousers, menaced poll workers counting the votes in Florida in 2000. If you are reading history, you can imagine that there can be a need for "public order" on the next election day. Say there are protests, or a threat, on the day of an election; history would not rule out the presence of a private security firm at a polling station "to restore public order".
4. Set up an internal surveillance system
In Mussolini's Italy, in Nazi Germany, in communist East Germany, in communist China - in every closed society - secret police spy on ordinary people and encourage neighbours to spy on neighbours. The Stasi needed to keep only a minority of East Germans under surveillance to convince a majority that they themselves were being watched.
In 2005 and 2006, when James Risen and Eric Lichtblau wrote in the New York Times about a secret state programme to wiretap citizens' phones, read their emails and follow international financial transactions, it became clear to ordinary Americans that they, too, could be under state scrutiny.
In closed societies, this surveillance is cast as being about "national security"; the true function is to keep citizens docile and inhibit their activism and dissent.
5. Harass citizens' groups
The fifth thing you do is related to step four - you infiltrate and harass citizens' groups. It can be trivial: a church in Pasadena, whose minister preached that Jesus was in favour of peace, found itself being investigated by the Internal Revenue Service, while churches that got Republicans out to vote, which is equally illegal under US tax law, have been left alone.
Other harassment is more serious: the American Civil Liberties Union reports that thousands of ordinary American anti-war, environmental and other groups have been infiltrated by agents: a secret Pentagon database includes more than four dozen peaceful anti-war meetings, rallies or marches by American citizens in its category of 1,500 "suspicious incidents". The equally secret Counterintelligence Field Activity (Cifa) agency of the Department of Defense has been gathering information about domestic organisations engaged in peaceful political activities: Cifa is supposed to track "potential terrorist threats" as it watches ordinary US citizen activists. A little-noticed new law has redefined activism such as animal rights protests as "terrorism". So the definition of "terrorist" slowly expands to include the opposition.
6. Engage in arbitrary detention and release
This scares people. It is a kind of cat-and-mouse game. Nicholas D Kristof and Sheryl WuDunn, the investigative reporters who wrote China Wakes: the Struggle for the Soul of a Rising Power, describe pro-democracy activists in China, such as Wei Jingsheng, being arrested and released many times. In a closing or closed society there is a "list" of dissidents and opposition leaders: you are targeted in this way once you are on the list, and it is hard to get off the list.
In 2004, America's Transportation Security Administration confirmed that it had a list of passengers who were targeted for security searches or worse if they tried to fly. People who have found themselves on the list? Two middle-aged women peace activists in San Francisco; liberal Senator Edward Kennedy; a member of Venezuela's government - after Venezuela's president had criticised Bush; and thousands of ordinary US citizens.
Professor Walter F Murphy is emeritus of Princeton University; he is one of the foremost constitutional scholars in the nation and author of the classic Constitutional Democracy. Murphy is also a decorated former marine, and he is not even especially politically liberal. But on March 1 this year, he was denied a boarding pass at Newark, "because I was on the Terrorist Watch list".
"Have you been in any peace marches? We ban a lot of people from flying because of that," asked the airline employee.
"I explained," said Murphy, "that I had not so marched but had, in September 2006, given a lecture at Princeton, televised and put on the web, highly critical of George Bush for his many violations of the constitution."
"That'll do it," the man said.
Anti-war marcher? Potential terrorist. Support the constitution? Potential terrorist. History shows that the categories of "enemy of the people" tend to expand ever deeper into civil life.
James Yee, a US citizen, was the Muslim chaplain at Guantánamo who was accused of mishandling classified documents. He was harassed by the US military before the charges against him were dropped. Yee has been detained and released several times. He is still of interest.
Brandon Mayfield, a US citizen and lawyer in Oregon, was mistakenly identified as a possible terrorist. His house was secretly broken into and his computer seized. Though he is innocent of the accusation against him, he is still on the list.
It is a standard practice of fascist societies that once you are on the list, you can't get off.
7. Target key individuals
Threaten civil servants, artists and academics with job loss if they don't toe the line. Mussolini went after the rectors of state universities who did not conform to the fascist line; so did Joseph Goebbels, who purged academics who were not pro-Nazi; so did Chile's Augusto Pinochet; so does the Chinese communist Politburo in punishing pro-democracy students and professors.
Academe is a tinderbox of activism, so those seeking a fascist shift punish academics and students with professional loss if they do not "coordinate", in Goebbels' term, ideologically. Since civil servants are the sector of society most vulnerable to being fired by a given regime, they are also a group that fascists typically "coordinate" early on: the Reich Law for the Re-establishment of a Professional Civil Service was passed on April 7 1933.
Bush supporters in state legislatures in several states put pressure on regents at state universities to penalise or fire academics who have been critical of the administration. As for civil servants, the Bush administration has derailed the career of one military lawyer who spoke up for fair trials for detainees, while an administration official publicly intimidated the law firms that represent detainees pro bono by threatening to call for their major corporate clients to boycott them.
Elsewhere, a CIA contract worker who said in a closed blog that "waterboarding is torture" was stripped of the security clearance she needed in order to do her job.
Most recently, the administration purged eight US attorneys for what looks like insufficient political loyalty. When Goebbels purged the civil service in April 1933, attorneys were "coordinated" too, a step that eased the way of the increasingly brutal laws to follow.
8. Control the press
Italy in the 1920s, Germany in the 30s, East Germany in the 50s, Czechoslovakia in the 60s, the Latin American dictatorships in the 70s, China in the 80s and 90s - all dictatorships and would-be dictators target newspapers and journalists. They threaten and harass them in more open societies that they are seeking to close, and they arrest them and worse in societies that have been closed already.
The Committee to Protect Journalists says arrests of US journalists are at an all-time high: Josh Wolf (no relation), a blogger in San Francisco, has been put in jail for a year for refusing to turn over video of an anti-war demonstration; Homeland Security brought a criminal complaint against reporter Greg Palast, claiming he threatened "critical infrastructure" when he and a TV producer were filming victims of Hurricane Katrina in Louisiana. Palast had written a bestseller critical of the Bush administration.
Other reporters and writers have been punished in other ways. Joseph C Wilson accused Bush, in a New York Times op-ed, of leading the country to war on the basis of a false charge that Saddam Hussein had acquired yellowcake uranium in Niger. His wife, Valerie Plame, was outed as a CIA spy - a form of retaliation that ended her career.
Prosecution and job loss are nothing, though, compared with how the US is treating journalists seeking to cover the conflict in Iraq in an unbiased way. The Committee to Protect Journalists has documented multiple accounts of the US military in Iraq firing upon or threatening to fire upon unembedded (meaning independent) reporters and camera operators from organisations ranging from al-Jazeera to the BBC. While westerners may question the accounts by al-Jazeera, they should pay attention to the accounts of reporters such as the BBC's Kate Adie. In some cases reporters have been wounded or killed, including ITN's Terry Lloyd in 2003. Both CBS and the Associated Press in Iraq had staff members seized by the US military and taken to violent prisons; the news organisations were unable to see the evidence against their staffers.
Over time in closing societies, real news is supplanted by fake news and false documents. Pinochet showed Chilean citizens falsified documents to back up his claim that terrorists had been about to attack the nation. The yellowcake charge, too, was based on forged papers.
You won't have a shutdown of news in modern America - it is not possible. But you can have, as Frank Rich and Sidney Blumenthal have pointed out, a steady stream of lies polluting the news well. What you already have is a White House directing a stream of false information that is so relentless that it is increasingly hard to sort out truth from untruth. In a fascist system, it's not the lies that count but the muddying. When citizens can't tell real news from fake, they give up their demands for accountability bit by bit.
9. Dissent equals treason
Cast dissent as "treason" and criticism as "espionage'. Every closing society does this, just as it elaborates laws that increasingly criminalise certain kinds of speech and expand the definition of "spy" and "traitor". When Bill Keller, the publisher of the New York Times, ran the Lichtblau/Risen stories, Bush called the Times' leaking of classified information "disgraceful", while Republicans in Congress called for Keller to be charged with treason, and rightwing commentators and news outlets kept up the "treason" drumbeat. Some commentators, as Conason noted, reminded readers smugly that one penalty for violating the Espionage Act is execution.
Conason is right to note how serious a threat that attack represented. It is also important to recall that the 1938 Moscow show trial accused the editor of Izvestia, Nikolai Bukharin, of treason; Bukharin was, in fact, executed. And it is important to remind Americans that when the 1917 Espionage Act was last widely invoked, during the infamous 1919 Palmer Raids, leftist activists were arrested without warrants in sweeping roundups, kept in jail for up to five months, and "beaten, starved, suffocated, tortured and threatened with death", according to the historian Myra MacPherson. After that, dissent was muted in America for a decade.
In Stalin's Soviet Union, dissidents were "enemies of the people". National Socialists called those who supported Weimar democracy "November traitors".
And here is where the circle closes: most Americans do not realise that since September of last year - when Congress wrongly, foolishly, passed the Military Commissions Act of 2006 - the president has the power to call any US citizen an "enemy combatant". He has the power to define what "enemy combatant" means. The president can also delegate to anyone he chooses in the executive branch the right to define "enemy combatant" any way he or she wants and then seize Americans accordingly.
Even if you or I are American citizens, even if we turn out to be completely innocent of what he has accused us of doing, he has the power to have us seized as we are changing planes at Newark tomorrow, or have us taken with a knock on the door; ship you or me to a navy brig; and keep you or me in isolation, possibly for months, while awaiting trial. (Prolonged isolation, as psychiatrists know, triggers psychosis in otherwise mentally healthy prisoners. That is why Stalin's gulag had an isolation cell, like Guantánamo's, in every satellite prison. Camp 6, the newest, most brutal facility at Guantánamo, is all isolation cells.)
We US citizens will get a trial eventually - for now. But legal rights activists at the Center for Constitutional Rights say that the Bush administration is trying increasingly aggressively to find ways to get around giving even US citizens fair trials. "Enemy combatant" is a status offence - it is not even something you have to have done. "We have absolutely moved over into a preventive detention model - you look like you could do something bad, you might do something bad, so we're going to hold you," says a spokeswoman of the CCR.
Most Americans surely do not get this yet. No wonder: it is hard to believe, even though it is true. In every closing society, at a certain point there are some high-profile arrests - usually of opposition leaders, clergy and journalists. Then everything goes quiet. After those arrests, there are still newspapers, courts, TV and radio, and the facades of a civil society. There just isn't real dissent. There just isn't freedom. If you look at history, just before those arrests is where we are now.
10. Suspend the rule of law
The John Warner Defense Authorization Act of 2007 gave the president new powers over the national guard. This means that in a national emergency - which the president now has enhanced powers to declare - he can send Michigan's militia to enforce a state of emergency that he has declared in Oregon, over the objections of the state's governor and its citizens.
Even as Americans were focused on Britney Spears's meltdown and the question of who fathered Anna Nicole's baby, the New York Times editorialised about this shift: "A disturbing recent phenomenon in Washington is that laws that strike to the heart of American democracy have been passed in the dead of night ... Beyond actual insurrection, the president may now use military troops as a domestic police force in response to a natural disaster, a disease outbreak, terrorist attack or any 'other condition'."
Critics see this as a clear violation of the Posse Comitatus Act - which was meant to restrain the federal government from using the military for domestic law enforcement. The Democratic senator Patrick Leahy says the bill encourages a president to declare federal martial law. It also violates the very reason the founders set up our system of government as they did: having seen citizens bullied by a monarch's soldiers, the founders were terrified of exactly this kind of concentration of militias' power over American people in the hands of an oppressive executive or faction.
Of course, the United States is not vulnerable to the violent, total closing-down of the system that followed Mussolini's march on Rome or Hitler's roundup of political prisoners. Our democratic habits are too resilient, and our military and judiciary too independent, for any kind of scenario like that.
Rather, as other critics are noting, our experiment in democracy could be closed down by a process of erosion.
It is a mistake to think that early in a fascist shift you see the profile of barbed wire against the sky. In the early days, things look normal on the surface; peasants were celebrating harvest festivals in Calabria in 1922; people were shopping and going to the movies in Berlin in 1931. Early on, as WH Auden put it, the horror is always elsewhere - while someone is being tortured, children are skating, ships are sailing: "dogs go on with their doggy life ... How everything turns away/ Quite leisurely from the disaster."
As Americans turn away quite leisurely, keeping tuned to internet shopping and American Idol, the foundations of democracy are being fatally corroded. Something has changed profoundly that weakens us unprecedentedly: our democratic traditions, independent judiciary and free press do their work today in a context in which we are "at war" in a "long war" - a war without end, on a battlefield described as the globe, in a context that gives the president - without US citizens realising it yet - the power over US citizens of freedom or long solitary incarceration, on his say-so alone.
That means a hollowness has been expanding under the foundation of all these still- free-looking institutions - and this foundation can give way under certain kinds of pressure. To prevent such an outcome, we have to think about the "what ifs".
What if, in a year and a half, there is another attack - say, God forbid, a dirty bomb? The executive can declare a state of emergency. History shows that any leader, of any party, will be tempted to maintain emergency powers after the crisis has passed. With the gutting of traditional checks and balances, we are no less endangered by a President Hillary than by a President Giuliani - because any executive will be tempted to enforce his or her will through edict rather than the arduous, uncertain process of democratic negotiation and compromise.
What if the publisher of a major US newspaper were charged with treason or espionage, as a rightwing effort seemed to threaten Keller with last year? What if he or she got 10 years in jail? What would the newspapers look like the next day? Judging from history, they would not cease publishing; but they would suddenly be very polite.
Right now, only a handful of patriots are trying to hold back the tide of tyranny for the rest of us - staff at the Center for Constitutional Rights, who faced death threats for representing the detainees yet persisted all the way to the Supreme Court; activists at the American Civil Liberties Union; and prominent conservatives trying to roll back the corrosive new laws, under the banner of a new group called the American Freedom Agenda. This small, disparate collection of people needs everybody's help, including that of Europeans and others internationally who are willing to put pressure on the administration because they can see what a US unrestrained by real democracy at home can mean for the rest of the world.
We need to look at history and face the "what ifs". For if we keep going down this road, the "end of America" could come for each of us in a different way, at a different moment; each of us might have a different moment when we feel forced to look back and think: that is how it was before - and this is the way it is now.
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands ... is the definition of tyranny," wrote James Madison. We still have the choice to stop going down this road; we can stand our ground and fight for our nation, and take up the banner the founders asked us to carry.
· Naomi Wolf's The End of America: A Letter of Warning to a Young Patriot will be published by Chelsea Green in September.
Thursday, July 05, 2007
Olbermann Calls for Bush to Resign
Finally tonight, as promised, a Special Comment on what is, in everything but name, George Bush’s pardon of Scooter Libby.
“I didn’t vote for him,” an American once said, “But he’s my president, and I hope he does a good job.”
That — on this eve of the 4th of July — is the essence of this democracy, in seventeen words.
And that is what President Bush threw away yesterday in commuting the sentence of Lewis “Scooter” Libby.
The man who said those seventeen words — improbably enough — was the actor John Wayne.
And Wayne, an ultra-conservative, said them, when he learned of the hair’s-breadth election of John F. Kennedy instead of his personal favorite, Richard Nixon in 1960.
“I didn’t vote for him but he’s my president, and I hope he does a good job.”
The sentiment was doubtlessly expressed earlier. But there is something especially appropriate about hearing it, now, in Wayne’s voice.
The crisp matter-of-fact acknowledgement that we have survived, even though for nearly two centuries now, our Commander-in-Chief has also served, simultaneously, as the head of one political party and often the scourge of all others.
We as citizens must, at some point, ignore a president’s partisanship. Not that we may “prosper” as a nation, not that we may “achieve”, not that we may “lead the world” — but merely that we may “function.”
But just as essential to the seventeen words of John Wayne is an implicit trust — a sacred trust:That the president for whom so many did not vote, can in turn suspend his political self long enough, and for matters imperative enough, to conduct himself solely for the benefit of the entire Republic.
Our generation’s willingness to state “we didn’t vote for him, but he’s our president, and we hope he does a good job,” was tested in the crucible of history, and far earlier than most. And in circumstances more tragic and threatening.
And we did that with which history tasked us.
We enveloped “our” President in 2001.
And those who did not believe he should have been elected — indeed, those who did not believe he had been elected — willingly lowered their voices and assented to the sacred oath of non-partisanship.
And George W. Bush took our assent, and re-configured it, and honed it, and sharpened it to a razor-sharp point, and stabbed this nation in the back with it.
Were there any remaining lingering doubt otherwise, or any remaining lingering hope, it ended yesterday when Mr. Bush commuted the prison sentence of one of his own staffers.
Did so even before the appeals process was complete…
Did so without as much as a courtesy consultation with the Department of Justice…
Did so despite what James Madison –at the Constitutional Convention — said about impeaching any president who pardoned or sheltered those who had committed crimes “advised by” that president…
Did so without the slightest concern that even the most detached of citizens must look at the chain of events and wonder:
To what degree was Mr. Libby told: break the law however you wish — the President will keep you out of prison?
In that moment, Mr. Bush, you broke that fundamental compact between yourself and the majority of this nation’s citizens — the ones who did not cast votes for you.
In that moment, Mr. Bush, you ceased to be the President of the United States.
In that moment, Mr. Bush, you became merely the President… of a rabid and irresponsible corner of the Republican Party.
And this is too important a time, sir, to have a Commander-in-Chief who puts party over nation.
This has been, of course, the gathering legacy of this Administration. Few of its decisions have escaped the stain of politics.
The extraordinary Karl Rove has spoken of “a permanent Republican majority,” as if such a thing — or a permanent Democratic majority — is not antithetical to that upon which rests: our country, our history, our revolution, our freedoms.
Yet our democracy has survived shrewder men than Karl Rove.
And it has survived the frequent stain of politics upon the fabric of government.
But this administration, with ever-increasing insistence and almost theocratic zealotry, has turned that stain… into a massive oil spill.
The protection of the environment is turned over to those of one political party, who will financially benefit from the rape of the environment.
The protections of the Constitution are turned over to those of one political party, who believe those protections unnecessary and extravagant and “quaint.”
The enforcement of the laws is turned over to those of one political party, who will swear beforehand that they will not enforce those laws.
The choice between war and peace is turned over to those of one political party, who stand to gain vast wealth by ensuring that there is never peace, but only war.
And now, when just one cooked book gets corrected by an honest auditor…
When just one trampling of the inherent and inviolable “fairness” of government is rejected by an impartial judge…
When just one wild-eyed partisan is stopped by the figure of blind justice…
This President decides that he, and not the law, must prevail.
I accuse you, Mr. Bush, of lying this country into war.
I accuse you of fabricating in the minds of your own people, a false implied link between Saddam Hussein and 9/11.
I accuse you of firing the generals who told you that the plans for Iraq were disastrously insufficient.
I accuse you of causing in Iraq the needless deaths of 3,586 of our brothers and sons, and sisters and daughters, and friends and neighbors.
I accuse you of subverting the Constitution, not in some misguided but sincerely-motivated struggle to combat terrorists, but instead to stifle dissent.
I accuse you of fomenting fear among your own people, of creating the very terror you claim to have fought.
I accuse you of exploiting that unreasoning fear, the natural fear of your own people who just want to live their lives in peace, as a political tool to slander your critics and libel your opponents.
I accuse you of handing part of this republic over to a Vice President who is without conscience, and letting him run roughshod over it.
And I accuse you now, Mr. Bush, of giving, through that Vice President, carte blanche to Mr. Libby, to help defame Ambassador Joseph Wilson by any means necessary, to lie to Grand Juries and Special Counsel and before a court, in order to protect the mechanisms and particulars of that defamation, with your guarantee that Libby would never see prison, and, in so doing, as Ambassador Wilson himself phrased it here last night, of you becoming an accessory to the obstruction of justice.
When President Nixon ordered the firing of the Watergate special prosecutor Archibald Cox during the infamous “Saturday Night Massacre” on October 20th, 1973, Mr. Cox initially responded tersely, and ominously:
“Whether ours shall be a government of laws and not of men, is now for Congress, and ultimately, the American people.”
President Nixon did not understand how he had crystallized the issue of Watergate for the American people.
It had been about the obscure meaning behind an attempt to break in to a rival party’s headquarters; and the labyrinthine effort to cover-up that break-in and the related crimes.
But in one night, Nixon transformed it.
Watergate — instantaneously — became a simpler issue: a President overruling the inexorable march of the law. Of insisting — in a way that resonated viscerally with millions who had not previously understood — that he was the law.
Not the Constitution.
Not the Congress.
Not the Courts.
Just him.
Just - Mr. Bush - as you did, yesterday.
The twists and turns of Plame-Gate, your precise and intricate lies that sent us into this bottomless pit of Iraq; your lies upon the lies to discredit Joe Wilson; your lies upon the lies upon the lies to throw the sand at the “referee” of Prosecutor Fitzgerald’s analogy… these are complex and often painful to follow, and too much, perhaps, for the average citizen.
But when other citizens render a verdict against your man, Mr. Bush — and then you spit in the faces of those jurors and that judge and the judges who were yet to hear the appeal — the average citizen understands that, sir.
It’s the fixed ballgame and the rigged casino and the pre-arranged lottery all rolled into one — and it stinks. And they know it.
Nixon’s mistake, the last and most fatal of them, the firing of Archibald Cox, was enough to cost him the presidency.
And in the end, even Richard Nixon could say he could not put this nation through an impeachment.
It was far too late for it to matter then, but as the decades unfold, that single final gesture of non-partisanship, of acknowledged responsibility not to self, not to party, not to “base,” but to country, echoes loudly into history.
Even Richard Nixon knew it was time to resign
Would that you could say that, Mr. Bush.
And that you could say it for Mr. Cheney.
You both crossed the Rubicon yesterday.
Which one of you chose the route, no longer matters.
Which is the ventriloquist, and which the dummy, is irrelevant.
But that you have twisted the machinery of government into nothing more than a tawdry machine of politics, is the only fact that remains relevant.
It is nearly July 4th, Mr. Bush, the commemoration of the moment we Americans decided that rather than live under a King who made up the laws, or erased them, or ignored them — or commuted the sentences of those rightly convicted under them — we would force our independence, and regain our sacred freedoms.
We of this time — and our leaders in Congress, of both parties — must now live up to those standards which echo through our history:
Pressure, negotiate, impeach — get you, Mr. Bush, and Mr. Cheney, two men who are now perilous to our Democracy, away from its helm.
And for you, Mr. Bush, and for Mr. Cheney, there is a lesser task.
You need merely achieve a very low threshold indeed.
Display just that iota of patriotism which Richard Nixon showed, on August 9th, 1974.
Resign.
And give us someone — anyone – about whom all of us might yet be able to quote John Wayne, and say, “I didn’t vote for him, but he’s my president, and I hope he does a good job.”
Good night, and good luck.
“I didn’t vote for him,” an American once said, “But he’s my president, and I hope he does a good job.”
That — on this eve of the 4th of July — is the essence of this democracy, in seventeen words.
And that is what President Bush threw away yesterday in commuting the sentence of Lewis “Scooter” Libby.
The man who said those seventeen words — improbably enough — was the actor John Wayne.
And Wayne, an ultra-conservative, said them, when he learned of the hair’s-breadth election of John F. Kennedy instead of his personal favorite, Richard Nixon in 1960.
“I didn’t vote for him but he’s my president, and I hope he does a good job.”
The sentiment was doubtlessly expressed earlier. But there is something especially appropriate about hearing it, now, in Wayne’s voice.
The crisp matter-of-fact acknowledgement that we have survived, even though for nearly two centuries now, our Commander-in-Chief has also served, simultaneously, as the head of one political party and often the scourge of all others.
We as citizens must, at some point, ignore a president’s partisanship. Not that we may “prosper” as a nation, not that we may “achieve”, not that we may “lead the world” — but merely that we may “function.”
But just as essential to the seventeen words of John Wayne is an implicit trust — a sacred trust:That the president for whom so many did not vote, can in turn suspend his political self long enough, and for matters imperative enough, to conduct himself solely for the benefit of the entire Republic.
Our generation’s willingness to state “we didn’t vote for him, but he’s our president, and we hope he does a good job,” was tested in the crucible of history, and far earlier than most. And in circumstances more tragic and threatening.
And we did that with which history tasked us.
We enveloped “our” President in 2001.
And those who did not believe he should have been elected — indeed, those who did not believe he had been elected — willingly lowered their voices and assented to the sacred oath of non-partisanship.
And George W. Bush took our assent, and re-configured it, and honed it, and sharpened it to a razor-sharp point, and stabbed this nation in the back with it.
Were there any remaining lingering doubt otherwise, or any remaining lingering hope, it ended yesterday when Mr. Bush commuted the prison sentence of one of his own staffers.
Did so even before the appeals process was complete…
Did so without as much as a courtesy consultation with the Department of Justice…
Did so despite what James Madison –at the Constitutional Convention — said about impeaching any president who pardoned or sheltered those who had committed crimes “advised by” that president…
Did so without the slightest concern that even the most detached of citizens must look at the chain of events and wonder:
To what degree was Mr. Libby told: break the law however you wish — the President will keep you out of prison?
In that moment, Mr. Bush, you broke that fundamental compact between yourself and the majority of this nation’s citizens — the ones who did not cast votes for you.
In that moment, Mr. Bush, you ceased to be the President of the United States.
In that moment, Mr. Bush, you became merely the President… of a rabid and irresponsible corner of the Republican Party.
And this is too important a time, sir, to have a Commander-in-Chief who puts party over nation.
This has been, of course, the gathering legacy of this Administration. Few of its decisions have escaped the stain of politics.
The extraordinary Karl Rove has spoken of “a permanent Republican majority,” as if such a thing — or a permanent Democratic majority — is not antithetical to that upon which rests: our country, our history, our revolution, our freedoms.
Yet our democracy has survived shrewder men than Karl Rove.
And it has survived the frequent stain of politics upon the fabric of government.
But this administration, with ever-increasing insistence and almost theocratic zealotry, has turned that stain… into a massive oil spill.
The protection of the environment is turned over to those of one political party, who will financially benefit from the rape of the environment.
The protections of the Constitution are turned over to those of one political party, who believe those protections unnecessary and extravagant and “quaint.”
The enforcement of the laws is turned over to those of one political party, who will swear beforehand that they will not enforce those laws.
The choice between war and peace is turned over to those of one political party, who stand to gain vast wealth by ensuring that there is never peace, but only war.
And now, when just one cooked book gets corrected by an honest auditor…
When just one trampling of the inherent and inviolable “fairness” of government is rejected by an impartial judge…
When just one wild-eyed partisan is stopped by the figure of blind justice…
This President decides that he, and not the law, must prevail.
I accuse you, Mr. Bush, of lying this country into war.
I accuse you of fabricating in the minds of your own people, a false implied link between Saddam Hussein and 9/11.
I accuse you of firing the generals who told you that the plans for Iraq were disastrously insufficient.
I accuse you of causing in Iraq the needless deaths of 3,586 of our brothers and sons, and sisters and daughters, and friends and neighbors.
I accuse you of subverting the Constitution, not in some misguided but sincerely-motivated struggle to combat terrorists, but instead to stifle dissent.
I accuse you of fomenting fear among your own people, of creating the very terror you claim to have fought.
I accuse you of exploiting that unreasoning fear, the natural fear of your own people who just want to live their lives in peace, as a political tool to slander your critics and libel your opponents.
I accuse you of handing part of this republic over to a Vice President who is without conscience, and letting him run roughshod over it.
And I accuse you now, Mr. Bush, of giving, through that Vice President, carte blanche to Mr. Libby, to help defame Ambassador Joseph Wilson by any means necessary, to lie to Grand Juries and Special Counsel and before a court, in order to protect the mechanisms and particulars of that defamation, with your guarantee that Libby would never see prison, and, in so doing, as Ambassador Wilson himself phrased it here last night, of you becoming an accessory to the obstruction of justice.
When President Nixon ordered the firing of the Watergate special prosecutor Archibald Cox during the infamous “Saturday Night Massacre” on October 20th, 1973, Mr. Cox initially responded tersely, and ominously:
“Whether ours shall be a government of laws and not of men, is now for Congress, and ultimately, the American people.”
President Nixon did not understand how he had crystallized the issue of Watergate for the American people.
It had been about the obscure meaning behind an attempt to break in to a rival party’s headquarters; and the labyrinthine effort to cover-up that break-in and the related crimes.
But in one night, Nixon transformed it.
Watergate — instantaneously — became a simpler issue: a President overruling the inexorable march of the law. Of insisting — in a way that resonated viscerally with millions who had not previously understood — that he was the law.
Not the Constitution.
Not the Congress.
Not the Courts.
Just him.
Just - Mr. Bush - as you did, yesterday.
The twists and turns of Plame-Gate, your precise and intricate lies that sent us into this bottomless pit of Iraq; your lies upon the lies to discredit Joe Wilson; your lies upon the lies upon the lies to throw the sand at the “referee” of Prosecutor Fitzgerald’s analogy… these are complex and often painful to follow, and too much, perhaps, for the average citizen.
But when other citizens render a verdict against your man, Mr. Bush — and then you spit in the faces of those jurors and that judge and the judges who were yet to hear the appeal — the average citizen understands that, sir.
It’s the fixed ballgame and the rigged casino and the pre-arranged lottery all rolled into one — and it stinks. And they know it.
Nixon’s mistake, the last and most fatal of them, the firing of Archibald Cox, was enough to cost him the presidency.
And in the end, even Richard Nixon could say he could not put this nation through an impeachment.
It was far too late for it to matter then, but as the decades unfold, that single final gesture of non-partisanship, of acknowledged responsibility not to self, not to party, not to “base,” but to country, echoes loudly into history.
Even Richard Nixon knew it was time to resign
Would that you could say that, Mr. Bush.
And that you could say it for Mr. Cheney.
You both crossed the Rubicon yesterday.
Which one of you chose the route, no longer matters.
Which is the ventriloquist, and which the dummy, is irrelevant.
But that you have twisted the machinery of government into nothing more than a tawdry machine of politics, is the only fact that remains relevant.
It is nearly July 4th, Mr. Bush, the commemoration of the moment we Americans decided that rather than live under a King who made up the laws, or erased them, or ignored them — or commuted the sentences of those rightly convicted under them — we would force our independence, and regain our sacred freedoms.
We of this time — and our leaders in Congress, of both parties — must now live up to those standards which echo through our history:
Pressure, negotiate, impeach — get you, Mr. Bush, and Mr. Cheney, two men who are now perilous to our Democracy, away from its helm.
And for you, Mr. Bush, and for Mr. Cheney, there is a lesser task.
You need merely achieve a very low threshold indeed.
Display just that iota of patriotism which Richard Nixon showed, on August 9th, 1974.
Resign.
And give us someone — anyone – about whom all of us might yet be able to quote John Wayne, and say, “I didn’t vote for him, but he’s my president, and I hope he does a good job.”
Good night, and good luck.
Friday, June 22, 2007
Subscribe to:
Posts (Atom)
