I was asked to write a piece on sexism in the workplace. I think it was assumed I'd go in a different direction.
---
There was a time when sexism in the workplace, especially in Virginia, was predictable. It was a "good ol' boy" network where men just felt that woman had different strengths than men, and business was not one of them. The good ol' boy network is still alive and well, but at least in IT shops, there's a new breed of sexism. And it has claws.
It's women running an all-girl club, and burying anyone who doesn't fit into one of two roles: male follower or women.
I know, someone somewhere (probably a woman) is saying I'm just pissing sour grapes. That it can't be as bad as male sexism. Possibly. But the old adage still applies, two wrongs don't make a right.
People's Exhibit A:
In 1998 I helped start a company called [redacted], going under the name of [redacted], . We managed the [redacted] , and assisted in making Virginia internet-wonderful. I started as a webmaster and managed to work my way up to something akin to middle management. I was one of five people who paved the way for all the honeysuckles who came later to have jobs and loaf about drinking boxed wine and playing harps.
One day we hired a young girl to do some customer service stuff. A temp to handle calls, file papers, etc. All the ladies loved her, I liked her, but she knew next to nothing about the internet. After she introduced herself to me and my cubemate, he turned to me and said, "In a year we'll be working for her."
He was wrong. In a year she was a project manager in the shop. In two she had passed us entirely, left the state, and become the General Manager of her own network (the name for the individual business entities under the corporate umbrella). She still knew next to nothing about the internet, marketing, business, or management. Didn't matter. Corporate wanted women to run things, so she shot passed those of us who actually knew the landscape.
Don't get me wrong, I'm glad she did well. She's a great person. But she didn't get her chance in the sun because of her training, her skills, or her experience. She got it because she was a woman.
People's Exhibit B:
Same company, same story, different woman. Came in after us as a project manager without project management training, within three years she was running her own network for the company. In comparison, I was allowed to have a small fishtank in my cube. I won several Best of the Web awards, First in the Nation awards, and E-Gov pioneer awards. I was published in Government Technology and Style Weekly.
I wasn't going anywhere.
People's Exhibit C:
Same company. Four of the five men who had started the company were still in the positions, more or less, that they had in the beginning. Slightly different titles, but the same gig overall. The fifth man? He was forced to resign when they took his position away and wanted to send him to a state several thousand miles away from his family.
A programmer with average Perl skills and no experience in marketing, project management, or business goes to a developer conference in New Orleans and hangs out with the COO. She comes back a Project Manager. Within a year she's the Director of Marketing. Not only did she pass over three men with more experience, she hopped departments to do it. What she did have going for her was that she became quick friends with the current Director of Marketing, who then went on to be the General Manager. Niether of them had training in marketing, business, or management. But they were both women.
I disagreed with the skipping over of the three men.
I was asked to leave the company. Then blackballed from working in IT for a year.
People's Exhibit D:
I was hired as a Web Manager at the [redacted]. It was a lengthy process consisting of several screenings, committee interviews, and skills tests. They were desperate to get someone onboard who knew something about web portals, and I had been designing and implementing them for ten years. The IT Department was 62 people strong and they had been trying to redesign their web site for the last seven years (yeah, I know. That should have tipped me off. I thought it was hyperbole).
I didn't know it at the time, but they had a great way of getting rid of employees upper management didn't like. They would rescope the position to something the person in question couldn't do, then give them the opportunity to resign. And by "they" I'm referring what came to be known as "The Estrogen Club."
The Director of the IT Department was a woman who really only trusted other women. Don't know why, but that was the long and short of it. She ran the Department like the Bataan Death March run by cheerleaders. She was out during my hiring, it seems, which is how a testosterone container like myself made it in.
From my hire to this blog entry, the following had occured:
Number of Men Fired, Laid Off, or Forced to Resign: 9 plus 1 that was able to switch departments
Number of Men promoted to management positions: 0
Number of Women Fired, Laid Off, or Forced to Resign: 0
Number of Women promoted to management positions: 3
Statistically unlikely, don't you think?
I was replaced after a year and a half by a woman with none of my skills, and none of the skills originally required for the position.
Now, I'm not saying that the same sort of thing doesn't go in in other companies with a male bias. I'm sure it does. I've never seen it in any of the IT shops I've worked at, but I know it's probably there. But you never hear about reverse discrimination; reverse sexism. People act as if such an animal could never exist. And if it does, it's just equality of the sexes, not any sort of discrimination. Or, at the extreme, something that's okay because it was done for so long in the other end of the spectrum.
But something wrong is wrong no matter how you spin it. Treating someone unfairly is bad not because YOU get treated unfairly, but because a PERSON is treated unfairly. No matter the color, religion, or gender. Whether you agree with their politics or share their brand of genitalia.
It's just wrong.
Showing posts with label human rights. Show all posts
Showing posts with label human rights. Show all posts
Thursday, March 25, 2010
Monday, March 03, 2008
Updated: Top 25 Censored News Stories
Top 25 Censored Stories of 2008
#1 No Habeas Corpus for “Any Person”
Sources:Consortium, October 19, 2006Title: “Who Is ‘Any Person’ in Tribunal Law?”Author: Robert Parryhttp://consortiumnews.com/2006/101906.html
Consortium, February 3, 2007Title: “Still No Habeas Rights for You”Author: Robert Parryhttp://consortiumnews.com/2007/020307.html
Common Dreams, February 2, 2007Title: “Repeal the Military Commissions Act and Restore the Most American Human Right”Author: Thom Hartmannhttp://www.commondreams.org/views07/0212-24.htm
Student Researchers: Bryce Cook and Julie Bickel Faculty Evaluator: Andrew Roth, Ph.D.
With the approval of Congress and no outcry from corporate media, the Military Commissions Act (MCA) signed by Bush on October 17, 2006, ushered in military commission law for US citizens and non-citizens alike. While media, including a lead editorial in the New York Times October 19, have given false comfort that we, as American citizens, will not be the victims of the draconian measures legalized by this Act—such as military roundups and life-long detention with no rights or constitutional protections—Robert Parry points to text in the MCA that allows for the institution of a military alternative to the constitutional justice system for “any person” regardless of American citizenship. The MCA effectively does away with habeas corpus rights for “any person” arbitrarily deemed to be an “enemy of the state.” The judgment on who is deemed an “enemy combatant” is solely at the discretion of President Bush. The oldest human right defined in the history of English-speaking civilization is the right to challenge governmental power of arrest and detention through the use of habeas corpus laws, considered to be the most critical parts of the Magna Carta which was signed by King John in 1215. Alexander Hamilton wrote in The Federalist #84 in August of 1788:
The establishment of the writ of habeas corpus are perhaps greater securities to liberty and republicanism than any it [the Constitution] contains. The practice of arbitrary imprisonments have been, in all ages, the favorite and most formidable instruments of tyranny. The observations of the judicious [British eighteenth-century legal scholar] Blackstone, in reference to the latter, are well worthy of recital:
“To bereave a man of life” says he, “or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore a more dangerous engine of arbitrary government.”
While it is true that some parts of the MCA target non-citizens, other sections clearly apply to US citizens as well, putting citizens inside the same tribunal system with non-citizen residents and foreigners.Section 950q of the MCA states that, “Any person is punishable as a principal under this chapter [of the MCA] who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission.”1Section 950v. “Crimes Triable by Military Commissions” (26) of the MCA seems to specifically target American citizens by stating that, “Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct.”1“Who,” warns Parry, “has ‘an allegiance or duty to the United States’ if not an American citizen?”
Besides allowing “any person” to be swallowed up by Bush’s system, the law prohibits detainees once inside from appealing to the traditional American courts until after prosecution and sentencing, which could translate into an indefinite imprisonment since there are no timetables for Bush’s tribunal process to play out.
Section 950j of the law further states that once a person is detained, “ not withstanding any other provision of law (including section 2241 of title 28 or any other habeas corpus provision) no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions.”1 Other constitutional protections in the Bill of Rights, such as a speedy trial, the right to reasonable bail, and the ban on “cruel and unusual punishment,” would seem to be beyond a detainee’s reach as well.
Parry warns that, “In effect, what the new law appears to do is to create a parallel ‘star chamber’ system for the prosecution, imprisonment, and possible execution of enemies of the state, whether those enemies are foreign or domestic. “Under the cloak of setting up military tribunals to try al-Qaeda suspects and other so-called unlawful enemy combatants, Bush and the Republican-controlled Congress effectively created a parallel legal system for ‘any person’—American citizen or otherwise—who crosses some ill-defined line.” In one of the most chilling public statements ever made by a US Attorney General, Alberto Gonzales opined at a Senate Judiciary Committee hearing on Jan. 18, 2007, “The Constitution doesn’t say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesn’t say that. It simply says the right shall not be suspended.”
More important than its sophomoric nature, Parry warns, is that Gonzales’s statement suggests he is still searching for arguments to make habeas corpus optional, subordinate to the President’s executive powers that Bush’s neoconservative legal advisers claim are virtually unlimited during “time of war.”
Citation 1. “Military Commissions Act of 2006” Public Law 109-366, 109th Congress. See http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f :publ366.109.UPDATE BY ROBERT PARRYThe Consortium series on the Military Commissions Act of 2006 pointed out that the law’s broad language seems to apply to both US citizens and non-citizens, contrary to some reassuring comments in the major news media that the law only denies habeas corpus rights to non-citizens. The law’s application to “any person” who aids and abets a wide variety of crimes related to terrorism—and the law’s provisions stripping away the jurisdiction of civilian courts—could apparently thrust anyone into the legal limbo of the military commissions where their rights are tightly constrained and their cases could languish indefinitely.
Despite the widespread distribution of our articles on the Internet, the major US news media continues to ignore the troubling “any person” language tucked in toward the end of the statute. To my knowledge, for instance, no major news organization has explained why, if the law is supposed to apply only to non-citizens, one section specifically targets “any person [who] in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States.” Indeed, the “any person” language in sections dealing with a wide array of crimes, including traditional offenses such as spying, suggests that a parallel legal system has been created outside the parameters of the US Constitution. Since publication of the articles, the Democrats won control of both the House and Senate—and some prominent Democrats, such as Senate Judiciary Committee chairman Patrick Leahy, have voiced their intent to revise the law with the goal of restoring habeas corpus and other rights. However, other Democrats appear hesitant, fearing that any attempt to change the law would open them to charges that they are “soft on terrorism” and that Republicans would torpedo the reform legislation anyway. Outside of Congress, pro-Constitution groups have made reform of the Military Commissions Act a high priority. For instance, the American Civil Liberties Union organized a national protest rally against the law. But the public’s lack of a clear understanding of the law’s scope has undercut efforts to build a popular movement for repeal or revision of the law.To learn more about the movement to rewrite the Military Commissions Act, readers can contact the ACLU at https://secure.aclu.org/site/SPageServer?pagename=DOA_learn
Comment
On June 8, 2007 the Senate Judiciary Committee passed the Habeas Corpus Restoration Act on an 11-8 vote. If approved, the bipartisan bill, authored by Senator Patrick Leahy of Vermont and Senator Arlen Specter of Pennsylvania, will restore habeas rights that were taken away last year by the Military Commissions Act. The bill will move to the full Senate for vote late June 2007.
#2 Bush Moves Toward Martial Law
Sources: Toward Freedom , October 25, 2006Title: “Bush Moves Toward Martial Law”Author: Frank Moraleswww.towardfreedom.com/home/content/view/911
Student Researchers: Phillip Parfitt and Julie Bickel Faculty Evaluator: Andy Merrifield, Ph.D.
The John Warner Defense Authorization Act of 2007, which was quietly signed by Bush on October 17, 2006, the very same day that he signed the Military Commissions Act, allows the president to station military troops anywhere in the United States and take control of state-based National Guard units without the consent of the governor or local authorities, in order to “suppress public disorder.”
By revising the two-century-old Insurrection Act, the law in effect repeals the Posse Comitatus Act, which placed strict prohibitions on military involvement in domestic law enforcement. The 1878 Act reads, “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.” As the only US criminal statute that outlaws military operations directed against the American people, it has been our best protection against tyranny enforced by martial law—the harsh system of rules that takes effect when the military takes control of the normal administration of justice. Historically martial law has been imposed by various governments during times of war or occupation to intensify control of populations in spite of heightened unrest. In modern times it is most commonly used by authoritarian governments to enforce unpopular rule.1
Section 333 of the Defense Authorization Act of 2007, entitled “Major public emergencies; interference with State and Federal law,” states that “the President may employ the armed forces, including the National Guard in Federal service—to restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of (or “refuse” or “fail” in) maintaining public order—in order to suppress, in any State, any insurrection, domestic violence, unlawful combination, or conspiracy.”
Thus an Act of Congress, superceding the Posse Comitatus Act, has paved the way toward a police state by granting the president unfettered legal authority to order federal troops onto the streets of America, directing military operations against the American people under the cover of “law enforcement.”
The massive Defense Authorization Act grants the Pentagon $532.8 billion to include implementation of the new law which furthermore facilitates militarized police round-ups of protesters, so-called illegal aliens, potential terrorists, and other undesirables for detention in facilities already contracted and under construction, (see Censored 2007, Story #14) and transferring from the Pentagon to local police units the latest technology and weaponry designed to suppress dissent.
Author Frank Morales notes that despite the unprecedented and shocking nature of this act, there has been no outcry in the American media, and little reaction from our elected officials in Congress. On September 19, a lone Senator Patrick Leahy (D-Vermont) noted that 2007’s Defense Authorization Act contained a “widely opposed provision to allow the President more control over the National Guard [adopting] changes to the Insurrection Act, which will make it easier for this or any future President to use the military to restore domestic order without the consent of the nation’s governors.”
A few weeks later, on September 29, Leahy entered into the Congressional Record that he had “grave reservations about certain provisions of the fiscal Year 2007 Defense Authorization Bill Conference Report,” the language of which, he said, “subverts solid, longstanding posse comitatus statutes that limit the military’s involvement in law enforcement, thereby making it easier for the President to declare martial law.” This had been “slipped in,” Leahy said, “as a rider with little study,” while “other congressional committees with jurisdiction over these matters had no chance to comment, let alone hold hearings on, these proposals.”
Leahy noted “the implications of changing the [Posse Comitatus] Act are enormous.” “There is good reason,” he said, “for the constructive friction in existing law when it comes to martial law declarations. Using the military for law enforcement goes against one of the founding tenets of our democracy. We fail our Constitution, neglecting the rights of the States, when we make it easier for the President to declare martial law and trample on local and state sovereignty.” Morales further asserts that “with the president’s polls at a historic low and Democrats taking back the Congress it is particularly worrisome that President Bush has seen fit, at this juncture to, in effect, declare himself dictator.”
Citation 1. See http://en.wikipedia.org/wiki/Martial_law, “Martial Law,” May 2007
UPDATE BY FRANK MORALES
On April 24, 2007, Major General Timothy Lowenberg, the Adjutant General, Washington National Guard, and Director of the Washington Military Department, testified before the Senate Judiciary Committee on “The Insurrection Act Rider and State Control of the National Guard.” He was speaking in opposition to Section 1076 of the recently passed 2007 National Defense Authorization Act (NDAA), which President Bush quietly signed into law this past October 17. The law clears the way for the President to execute martial law, commandeer National Guard units around the country and unilaterally authorize military operations against the American people in the event of an executive declaration of a “public emergency.”This move toward martial law, which is intended to facilitate more effective counterinsurgency measures on the home front, took place, according to Lowenberg, “without any hearing or consultation with the governors and without any articulation or justification of need.” This, despite the fact that Section 1076 of the new law “changed more than one hundred years of well-established and carefully balanced state-federal and civil-military relationships.” In other words, with one swipe of the pen, says the General, “one hundred years of law and policy were changed without any publicly or privately acknowledged author or proponent of the change.”Its “Federal Plans for Implementing Expanded Martial Law Authority” are to be executed via the recently created domestic military command, the Northern Command or NORTHCOM. “One key USNORTHCOM planning assumption,” says Lowenberg, “is that the President will invoke the new Martial Law powers if he concludes state and/or local authorities no longer possess either the capability or the will to maintain order.” In fact, this “highly subjective assumption,” as Lowenberg puts it, has been in the works for some time now. According to the General, the “US Northern Command has been engaged for some time in deliberative planning for implementation of Section 1076 of the 2007 National Defense Authorization. The formal NORTHCOM CONPLAN 2502-05 was approved by Secretary of Defense Gates on March 15, 2007,” Further, according to the General, the 2007 NDAA provisions “could be used to compel National Guard forces to engage in civil disturbance operations under federal control.” In that case, NORTHCOM will effectuate its move to martial law, its “CONPLAN,” by way of its very own “civil disturbance plan,” Department of Defense Civil Disturbance Plan 55-2, code-named Garden Plot. Major Tom Herthel, of the United States Air Force Judge Advocate General School, recently laid out the Rules of Engagement & Rules for the Use of Force during the implementation of “GARDEN PLOT,” which according to Herthel, is ”the plan to provide the basis for all preparation, deployment, employment, and redeployment of all designated forces, including National Guard forces called to active federal service, for use in domestic civil disturbance operations as directed by the President.” Among other things, the “rules” allow for the use of lethal force during domestic “civil disturbance operations.”That is why many are urging Congress to repeal Section 1076 of the 2007 NDAA through immediate enactment of Senate Bill 513. Introduced in February 2007, and sponsored by Senator Patrick Leahy (D-Vt.), the bill seeks to repeal, or as the Congress puts it, “revive previous authority on the use of the Armed Forces and the militia to address interference with State or Federal law, and for other purposes,” through the “Repeal of Amendments made by Public Law 109-364-Section 1076 of the John Warner National Defense Authorization Act for Fiscal Year 2007.”It is critical that Senate Bill 513 becomes law, and that our popular struggle succeeds in beating back the President’s attempt to further codify the immoral and criminal seizure of state control via woefully ill-advised and dictatorial moves toward martial law and military rule.
#6 Operation FALCON Raids
Sources:SourceWatch, November 18, 2006Title: “Operation Falcon”Author: Brenda J. Elliot http://www.sourcewatch.org/index.php?title=Operation_FALCON
Ukernet, February 26, 2007Title: “Operation Falcon and the Looming Police State”Author: Mike Whitneyhttp://uruknet.info/?p=m30971&s1=h1
Student Researcher: Erica Haikara and Celeste WindersFaculty Evaluator: Ron Lopez, Ph.D.
Under the code name Operation FALCON (Federal and Local Cops Organized Nationally) three federally coordinated mass arrests occurred between April 2005 and October 2006. In an unprecedented move, more than 30,000 “fugitives” were arrested in the largest dragnets in the nation’s history. The operations directly involved over 960 agencies (state, local, and federal) and were the brainchild of Attorney General Alberto Gonzales and US Marshal’s Director Ben Reyna. The DoJ supplied television networks government-shot action videotape of Marshals and local cops raiding homes and breaking down doors, “targeting the worst of the worst criminals on the run,” emphasizing suspected sex offenders. Yet less than ten percent of the total 30,150 were suspected sex offenders and less than two percent owned firearms. The press has not asked, “Who were the others?” And to date, the US Marshal’s office has issued no public statement as to whether the people arrested in Operation Falcon have been processed or released. Author Mike Whitney cautions that Attorney General Gonzales has little interest in the petty offenders who were netted in this extraordinary crackdown. This action is instead, he warns, a practice roundup in the move toward martial law.
Altogether, there were three FALCON Operations, each netting roughly 10,000 criminal suspects. Between April 4–10, 2005, FALCON I swept up 10,340 fugitives in the largest nationwide mass arrest (to that date) in American history. Alberto Gonzalez proudly announced on April 15 through corporate media, “Operation FALCON is an excellent example of President Bush’s direction and the Justice Department’s dedication to deal both with the terrorist threat and traditional violent crime. This joint effort shows the commitment of our federal, state, and local partners to make our neighborhoods safer, and it has led to the highest number of arrests ever recorded for a single initiative of its kind. We will use all of our Nation’s law enforcement resources to serve the people, to pursue justice, and to make our streets and Nation safer.” Operation FALCON II, carried out the week of April 17–23, 2006, arrested another 9,037 individuals from twenty-seven states mostly west of the Mississippi River. Operation FALCON III, conducted during the week of October 22–28, 2006, netted another 10,733 fugitives in twenty-four states east of the Mississippi River.
The US Marshals Service has not yet disclosed the names of the people arrested in these massive sweeps nor of what crimes they were accused. We have no way of knowing whether they were provided with due process of law, where they are now, or whether they have been abused while in custody.
SourceWatch contributors further ask for clarification, “Although Attorney General Gonzales stated on April 15, 2005 that Operation FALCON was ‘an excellent example of President Bush‘s direction and the Justice Department’s dedication to deal both with the terrorist threat and traditional violent crime,’ where is the connection between the Operation FALCON roundups and catching terrorists? Why did police wait for federally orchestrated raids to arrest known sex offenders and suspected murders? Why were state and federal agencies integrated with local law enforcement to simply carry out routine police work?”
The media played an essential role in concealing the important details of the Operation. In fact, the non-critical “cookie cutter” articles which appeared in newspapers across the country suggest that the media may have collaborated directly with the Justice Department. (see Chapter 9, Fake News) Whitney notes that nearly identical “news” segments and articles put the best possible spin on a story that most Americans might find deeply disturbing, and perhaps frightening.
While mass militarized police roundups make little sense as a method of apprehending fugitives, the FALCON program does make sense as a means of effectively setting up a chain-of-command structure that radiates from the Justice Department and relocates the levers of control to Washington where they can be manned by members of the administration. Whitney warns that the plan behind the FALCON program appears to have been devised to enhance the powers of the “unitary” executive by putting state and local law enforcement under federal supervision, ready for the institution of martial law (see story #2.)
Update by Mike WhitneyOperation FALCON presents the first time in US history that all of the domestic police agencies have been put under the direct control of the federal government. The implications for American democracy are quite profound.Operation FALCON serves no purpose except to centralize power and establish the basic contours of an American police state. It is not an effective way of apprehending criminals.For the most part, the media completely ignored FALCON. In fact, these extraordinary police-state sweeps did not elicit even one editorial or one column-inch of commentary from any journalist in the country. Following the government’s version of events, the story was simply brushed aside as trivial. For those who care to explore the media’s true role in undermining the fundamental rights of Americans; FALCON is probably a good place to begin. It illustrates how the media deliberately obscures facts that do not serve the overall interests of the state.The last FALCON operation was carried out on October 28, 2006. Since then, the project has been put on “hold,” presumably until some time in the future when it will be reactivated by presidential decree. The precedents have now been established for law enforcement agencies across the nation to be taken over by the chief executive at a moment’s notice. If there is another terrorist attack within the United States, or the outbreak of an epidemic, or a natural disaster on the scale of Hurricane Katrina; we can expect that President Bush will consolidate his power by asserting direct control over all of the various federal, state, and local police agencies. Eventually, we will see that FALCON was organized with that very purpose in mind.Recent changes to the Insurrection Act of 1807 as well as to the Posse Comitatus Act of 1878 allow President Bush to declare martial law at his own discretion and to take control of the National Guard from the state governors. That means that Bush now has a complete monopoly on all the means of organized violence in the country.With the aid of the corporate media and an alliance of far-right organizations, Bush has successfully removed all the traditional obstacles to absolute power. The groundwork has been laid for an American dictatorship. FALCON is just one small part of that much larger plan.
UPDATE BY ARTIFICIAL INTELLIGENCEA more recent and less publicized sweep was made March 7, 2007, in Baltimore, with the arrest of about two hundred fugitives. The rationale for this sweep is more puzzling, perhaps, as it was the only city involved. This sweep received only local media attention.Numerous questions, as stated in the Operation FALCON article, remain unanswered. The mainstream press does not appear to be interested in exploring beyond the initial sweep events.Both House and Senate committees on the judiciary and government oversight are digging into DoJ operations due to the US attorney firings and politicization of the Department, with all roads leading to the White House. It is not unreasonable to expect that these sweeps may eventually come under investigation as well.The mainstream press, to my knowledge, has not responded at all to my SourceWatch coverage of this story. The press coverage that Operation FALCON received appears to be limited to DoJ and USMS news releases with the addition of an occasional local interest story. Information on the fate of the 30,000 plus who were arrested is conspicuous by its absence.Additional information on this story should be available from both the DoJ and USMS. In reality, it most likely will not be, as neither has provided any updates. The SourceWatch article will continue to be updated when or if additional information becomes available.
#7 Behind Blackwater Inc.
Source: Democracy Now! January 26, 2007Title: “Our Mercenaries in Iraq: Blackwater Inc and Bush’s Undeclared Surge” Author: Jeremy Scahillhttp://www.democracynow.org/article.pl?sid=07/01/26/1559232
Student Researcher: Sverre TyslFaculty Evaluator: Noel Byrne, Ph.D.
The company that most embodies the privatization of the military industrial complex—a primary part of the Project for a New American Century and the neoconservative revolution is the private security firm Blackwater. Blackwater is the most powerful mercenary firm in the world, with 20,000 soldiers, the world’s largest private military base, a fleet of twenty aircraft, including helicopter gunships, and a private intelligence division. The firm is also manufacturing its own surveillance blimps and target systems.
Blackwater is headed by a very right-wing Christian-supremist and ex-Navy Seal named Erik Prince, whose family has had deep neo-conservative connections. Bush’s latest call for voluntary civilian military corps to accommodate the “surge” will add to over half a billion dollars in federal contracts with Blackwater, allowing Prince to create a private army to defend Christendom around the world against Muslims and others.
One of the last things Dick Cheney did before leaving office as Defense Secretary under George H. W. Bush was to commission a Halliburton study on how to privatize the military bureaucracy. That study effectively created the groundwork for a continuing war profiteer bonanza. During the Clinton years, Erik Prince envisioned a project that would take advantage of anticipated military outsourcing. Blackwater began in 1996 as a private military training facility, with an executive board of former Navy Seals and Elite Special Forces, in the Great Dismal Swamp of North Carolina. A decade later it is the most powerful mercenary firm in the world, embodying what the Bush administration views as “the necessary revolution in military affairs”—the outsourcing of armed forces.
In his 2007 State of the Union address Bush asked Congress to authorize an increase in the size of our active Army and Marine Corps by 92,000 in the next five years. He continued, “A second task we can take on together is to design and establish a volunteer civilian reserve corps. Such a corps would function much like our military reserve. It would ease the burden on the Armed Forces by allowing us to hire civilians with critical skills to serve on missions abroad when America needs them.”
This is, however, precisely what the administration has already done—largely, Jeremy Scahill points out, behind the backs of the American people. Private contractors currently constitute the second-largest “force” in Iraq. At last count, there were about 100,000 contractors in Iraq, 48,000 of which work as private soldiers, according to a Government Accountability Office report. These soldiers have operated with almost no oversight or effective legal constraints and are politically expedient, as contractor deaths go uncounted in the official toll. With Prince calling for the creation of a “contractor brigade” before military audiences, the Bush administration has found a back door for engaging in an undeclared expansion of occupation.
Blackwater currently has about 2,300 personnel actively deployed in nine countries and is aggressively expanding its presence inside US borders. They provide the security for US diplomats in Iraq, guarding everyone from Paul Bremer and John Negroponte to the current US ambassador, Zalmay Khalilzad. They’re training troops in Afghanistan and have been active in the Caspian Sea, where they set up a Special Forces base miles from the Iranian border. According to reports they are currently negotiating directly with the Southern Sudanese regional government to start training the Christian forces of Sudan.
Blackwater’s connections are impressive. Joseph Schmitz, the former Pentagon Inspector General, whose job was to police the war contractor bonanza, has moved on to become the vice chairman of the Prince Group, Blackwater’s parent company, and the general counsel for Blackwater.
Bush recently hired Fred Fielding, Blackwater’s former lawyer, to replace Harriet Miers as his top lawyer; and Ken Starr, the former Whitewater prosecutor who led the impeachment charge against President Clinton, is now Blackwater’s counsel of record and has filed briefs with Supreme Court to fight wrongful death lawsuits brought against Blackwater.
Cofer Black, thirty-year CIA veteran and former head of CIA’s counterterrorism center, credited with spearheading the extraordinary rendition program after 9/11, is now senior executive at Blackwater and perhaps its most powerful operative.
Prince and other Blackwater executives have been major bankrollers of the President, of former House Majority Leader, Tom DeLay, and of former Senator, Rick Santorum. Senator John Warner, the former head of the Senate Armed Services Committee, called Blackwater, “our silent partner in the global war on terror.”
# 12 Another Massacre in Haiti by UN Troops
Sources:HaitiAction.net, January 21, 2007Title: “UN in Haiti: Accused of Second Massacre”Authors: Haiti Information Projecthttp://www.haitiaction.net/News/HIP/1_21_7/1_21_7.html
Inter Press ServiceTitle: “Haiti: Poor Residents of Capital Describe a State of Siege”Authors: Wadner Pierre and Jeb Spraguehttp://ipsnews.net/news.asp?idnews=36772
Student Researcher: William LeemingFaculty Evaluator: Dianne Parness
Eyewitness testimony confirms indiscriminate killings by UN forces in Haiti’s Cité Soleil community on December 22, 2006, reportedly as collective punishment against the community for a massive demonstration of Lavalas supporters in which about ten thousand people rallied for the return of President Aristide in clear condemnation of the foreign military occupation of their country. According to residents, UN forces attacked their neighborhood in the early morning, killing more than thirty people, including women and children. Footage taken by Haiti Information Project (HIP) videographers shows unarmed civilians dying as they tell of extensive gunfire from UN peacekeeping forces (MINUSTAH).
A hardened UN strategy became apparent days after the demonstration, when UN officials stated they were entering Cité Soleil to capture or kill gangsters and kidnappers. While officials of MINUSTAH have admitted to “collateral damage,” in the raids of December 2006, they say they are there to fight gangsters at the request of the René Préval government.
But many residents and local human rights activists say that scores of people having no involvement with gangs were killed, wounded, and arrested in the raids.
Although MINUSTAH denied firing from helicopter gunships, HIP captured more than three hours of video footage and a large selection of digital photos, illustrating the UN’s behavior in Haiti.
An unidentified twenty-eight-year-old man, filmed by HIP, can be seen dying as he testifies that he was shot from a circling UN helicopter that rained gunfire on those below. HIP film also shows a sixteen-year-old, dying just after being shot by UN forces. Before dying he describes details of the UN opening fire on unarmed civilians in his neighborhood. The wounded and dying, filmed by HIP, all express horror and confusion.
IPS observed that buildings throughout Cité Soleil were pockmarked by bullets; many showing huge holes made by heavy caliber UN weapons, as residents attest. Often pipes that brought in water to the slum community now lay shattered.
A recently declassified document from the US embassy in Port-au-Prince reveals that during a similar operation carried out in July 2005, MINUSTAH expended 22,000 bullets over several hours. In the report, an official from MINUSTAH acknowledged, “given the flimsy construction of homes in Cité Soleil and the large quantity of ammunition expended, it is likely that rounds penetrated many buildings, striking unintended targets.”
Frantz Michel Guerrier, spokesman for the Committee of Notables for the Development of Cité Soleil based in the Bois Neuf zone, said, “It is very difficult for me to explain to you what the people of Bois Neuf went through on Dec. 22, 2006—almost unexplainable. It was a true massacre. We counted more than sixty wounded and more than twenty-five dead, among [them] infants, children, and young people.”
“We saw helicopters shoot at us, our houses broken by the tanks,” Guerrier told IPS. “We heard detonations of the heavy weapons. Many of the dead and wounded were found inside their houses. I must tell you that nobody had been saved, not even the babies. The Red Cross was not allowed to help people. The soldiers had refused to let the Red Cross in categorically, in violation of the Geneva Convention.” Several residents told IPS that MINUSTAH, after conducting its operations, evacuated without checking for wounded.
Following the removal of Haiti’s elected Jean-Bertrand Aristide government (see Censored 2005, story #12), up to one thousand Lavalas political activists were imprisoned under the US-backed interim government, according to a Miami University Human Rights study.
A study released by the Lancet Journal of Medicine in August 2006 estimates that 8,000 were killed and 35,000 sexually assaulted in the greater Port-au-Prince area during the time of the interim government (2004-2006). The study attributed human rights abuses to purported “criminals,” police, anti-Lavalas gangs, and UN peacekeepers.
HIP Founding Editor Kevin Pina commented, “It is clear that this represents an act of terror against the community. This video evidence shows clearly that the UN stands accused, once again, of targeting unarmed civilians in Cité Soleil. There can be no justification for using this level of force in the close quarters of those neighborhoods. It is clear that the UN views the killing of these innocents as somehow acceptable to their goal of pacifying this community. Every demonstration, no matter how peaceful, is seen as a threat to their control if it includes demands for the return of Aristide to Haiti. In that context it is difficult to continue to view the UN mission as an independent and neutral force in Haiti. They apparently decided sometime ago it was acceptable to use military force to alter Haiti’s political landscape to match their strategic goals for the Haitian people.”
Update by Kevin PinaSince President Jean-Bertrand Aristide and his Lavalas political party were ousted from power on February 29, 2004, accusations of gross human rights violations have persisted in Haiti. While the Haitian National Police (HNP) received training and assistance from the UN following Aristide’s ouster, they were also accused of summary executions, arbitrary arrests, and the killing of unarmed demonstrators. The actions of the Haitian police became so egregious that even UN police trainers (CIVPOL) began to question the motives of their commanders and the mission’s objectives. The Haiti Information Project (HIP) received the following correspondence in response to a May 8, 2005 article “UN accommodates Human Rights Abuses by police in Haiti.”1 This is the first publication of that correspondence:
Just want to reinforce your observations as all being accurate.I am one of the 25 US CIVPOL here on the ground in Haiti, having arrived last November. As a group we are frustrated by the UN’s and CIVPOL’s unwillingness to interpret their mandate aggressively. I have been pushing them to conduct investigations into all the shootings and other significant Human Rights violations with no success. The Police Commissioner and command staff shows little interest and claim the mandate does not allow them to do this. Unfortunately I have countless examples.The corruption in the HNP is massive with little interest in addressing the problem. Just keep up the pressure, I don’t know what else to do.
Stephen MacKinnonChief, Strategic Planning UnitCIVPOL-MINUSTAH
Chief MacKinnon provided HIP with information and documents that painted a disturbing picture of a UN operation more obsessed with political embarrassment caused by mounting demonstrations for Aristide’s return than interest in reigning in human rights abuses committed by the HNP.2The United Nations Stabilization Mission in Haiti (MINUSTAH) now stands accused of having itself committed several massacres in the seaside shantytown of Cité Soleil. This area of the capital served as a launching site for massive demonstrations demanding the return of President Aristide and for an end to what they called the foreign occupation of their country.The Brazilian military has responsibility for leadership of the UN military forces in Haiti and is authorized to use deadly force. They are at the top of the command structure and their influence on the overall mission should not be understated. More importantly, there is a direct parallel between Brazilian military tactics utilized by UN forces in Haiti and similar military-style assaults used by the police in their own country.The Brazilian military police have been accused of firing indiscriminately in the poor slums of Sao Paulo and Rio de Janeiro called favelas. This was highlighted in an Amnesty International report “Brazil: ‘They come in Shooting’: Policing socially excluded communities,” released on December 2, 2005.3 This is similar to the tactics authorized by the Brazilian generals in Haiti. It has resulted in several high-profile massacres committed in the poor slum of Cité Soleil where protestors challenged the UN’s authority by continuing to launch massive demonstrations demanding Aristide’s return and condemning the UN’s presence in Haiti. In each instance, the UN and the elite-run Haitian press demonized the entire community as being criminals and gangsters and/or collaborators of criminals and gangsters. While it is true that armed “gangs” operated in the neighborhood and a few claimed they were aligned with Aristide’s Lavalas movement, these military raids had a clear correlation to the ongoing demonstrations and opposition to the UN presence in Haiti. Cité Soleil was terrorized on July 6, 2005 when Brazilian commanders authorized a raid by UN forces with the stated aim of routing gangs in the area.4 For Aristide supporters, the raid was a preemptive strike by the UN to dampen the impact of protests on Aristide’s birthday, planned to take place only nine days later on July 15. It also represented the first time UN forces purposely sought to assassinate the leadership of armed groups claiming allegiance to Aristide’s Lavalas movement.5 By the time UN guns stopped firing, countless unarmed civilians lay dead with many having been killed by a single high-powered rifle shot to the head. Since then, documents obtained under the Freedom of Information Act show the US Embassy and various intelligence agencies, were aware of the excessive use of force by UN forces in Haiti on July 6, 2005.6 Despite being heavily censored by US officials, what emerges is clear evidence of the disproportionate use of force by UN troops in Cité Soleil.December 16, 2006 saw another large demonstration for Aristide that began in Cite Soleil and only six days later on December 22, Brazilian commanders would authorize a second deadly raid that residents and human rights groups say resulted in the wholesale slaughter of innocent victims. The unspoken parallel of Brazil’s role in leading the UN’s military strategy in Haiti is the fact that terror tactics such as these have been their modus operandi in their own country. In the early morning hours of Feb. 2, UN forces entered Cité Soleil firing indiscriminately and their victims were two young girls killed as they slept in their own home.7 Massive demonstrations were scheduled to take place five days later demanding the return of Aristide throughout Haiti on Feb. 7. While these demonstrations went largely unreported by the international corporate media, this stood in contrast, to the avalanche of news stories filed two days later on Feb. 9, when UN forces launched yet another deadly military operation in Cité Soleil.8 Although these raids were ostensibly to rid the neighborhood of gangs, they followed the same pattern and relationship to demonstrations for Aristide’s return and military tactics used by Brazilian commanders in previous UN operations. The only rights organizations documenting the loss of life and destruction of property resulting from the UN raid on December 22, 2006, as well as previous and subsequent UN military operations, were the Institute for Justice and Democracy in Haiti (IJDH) and the Bureau des Avocats Internationaux (BAI).9 HIP, the organization originally authoring the article being recognized by Project Censored, is a news agency that has extensive video evidence and interviews from Cité Soleil taken the same day these attacks by UN forces were executed. HIP offers any human rights organization the opportunity to view the documentary footage and evidence supporting the claims of Cité Soleil residents that massacres by UN forces have been committed against them. Unfortunately, Amnesty International, Human Rights Watch and the Inter-American Commission on Human Rights of the Organization of American States have remained conspicuously disinterested and silent about this evidence. For further information and updates about Haiti, please visit www.haitiaction.net, www.ijdh.org, www.HaitiInformationProject.net, www.haitianalysis.com, www.canadahaitiaction.ca, and http://www.ahphaiti.org/.
Notes 1. Haiti Information Project,”UN accommodates Human Rights Abuses by police in Haiti,” May 8, 2005. See http://haitiaction.net/News/HIP/5_8_5/5_8_5.html. 2. Internet correspondence received from Steve McKinnon to HIP May 12, 2005. 3. Amnesty International Report, “Brazil: ‘They come in Shooting’: Policing socially excluded communities” December 2, 2005. See http://www.amnestyusa.org/document.php?lang=e &id=ENGAMR190252005 4. Haiti Information Project, “Evidence mounts of a UN massacre in Haiti,” July 12, 2005. See http://www.haitiaction.net/News/HIP/7_12_5.html. 5. Haiti Information Project,”The UN’s disconnect with the poor in Haiti,” December 25, 2005. See http://haitiaction.net/News/HIP/12_25_5/12_25a_5.html. 6. Haiti Information Project, “US Embassy in Haiti acknowledges excessive force by UN,” January 24, 2007. Article based on FOIA documents obtained by College of DuPage Geography Professor Keith Yearman. See http://haitiaction.net/News/HIP/1_23_7/1_23_7.html. 7. Haiti Information Project—February 2, 2007. UN terror kills Haiti’s children at night http://haitiaction.net/News/HIP/2_2_7a/2_2_7a.html. 8. Haiti Information Project, “Massive demonstrations in Haiti catch UN by surprise,” February 9, 2007. See http://haitiaction.net/News/HIP/2_9_7/2_9_7.html. 9. Haiti Information Project,”The UNspoken truth about gangs in Haiti,” February 15, 2007. See http://haitiaction.net/News/HIP/2_15_7/2_15_7.html. 10. Video images documenting UN military operations on July 6, 2005 and December 22, 2006 were taken by HIP videographer Jean-Baptiste Ristil.
An Update on 2/28/2007 IPS Article: "Haiti: Poor Residents of Capital Describe a State of Siege"
[Read The Rest of Them]
#1 No Habeas Corpus for “Any Person”
Sources:Consortium, October 19, 2006Title: “Who Is ‘Any Person’ in Tribunal Law?”Author: Robert Parryhttp://consortiumnews.com/2006/101906.html
Consortium, February 3, 2007Title: “Still No Habeas Rights for You”Author: Robert Parryhttp://consortiumnews.com/2007/020307.html
Common Dreams, February 2, 2007Title: “Repeal the Military Commissions Act and Restore the Most American Human Right”Author: Thom Hartmannhttp://www.commondreams.org/views07/0212-24.htm
Student Researchers: Bryce Cook and Julie Bickel Faculty Evaluator: Andrew Roth, Ph.D.
With the approval of Congress and no outcry from corporate media, the Military Commissions Act (MCA) signed by Bush on October 17, 2006, ushered in military commission law for US citizens and non-citizens alike. While media, including a lead editorial in the New York Times October 19, have given false comfort that we, as American citizens, will not be the victims of the draconian measures legalized by this Act—such as military roundups and life-long detention with no rights or constitutional protections—Robert Parry points to text in the MCA that allows for the institution of a military alternative to the constitutional justice system for “any person” regardless of American citizenship. The MCA effectively does away with habeas corpus rights for “any person” arbitrarily deemed to be an “enemy of the state.” The judgment on who is deemed an “enemy combatant” is solely at the discretion of President Bush. The oldest human right defined in the history of English-speaking civilization is the right to challenge governmental power of arrest and detention through the use of habeas corpus laws, considered to be the most critical parts of the Magna Carta which was signed by King John in 1215. Alexander Hamilton wrote in The Federalist #84 in August of 1788:
The establishment of the writ of habeas corpus are perhaps greater securities to liberty and republicanism than any it [the Constitution] contains. The practice of arbitrary imprisonments have been, in all ages, the favorite and most formidable instruments of tyranny. The observations of the judicious [British eighteenth-century legal scholar] Blackstone, in reference to the latter, are well worthy of recital:
“To bereave a man of life” says he, “or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore a more dangerous engine of arbitrary government.”
While it is true that some parts of the MCA target non-citizens, other sections clearly apply to US citizens as well, putting citizens inside the same tribunal system with non-citizen residents and foreigners.Section 950q of the MCA states that, “Any person is punishable as a principal under this chapter [of the MCA] who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission.”1Section 950v. “Crimes Triable by Military Commissions” (26) of the MCA seems to specifically target American citizens by stating that, “Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct.”1“Who,” warns Parry, “has ‘an allegiance or duty to the United States’ if not an American citizen?”
Besides allowing “any person” to be swallowed up by Bush’s system, the law prohibits detainees once inside from appealing to the traditional American courts until after prosecution and sentencing, which could translate into an indefinite imprisonment since there are no timetables for Bush’s tribunal process to play out.
Section 950j of the law further states that once a person is detained, “ not withstanding any other provision of law (including section 2241 of title 28 or any other habeas corpus provision) no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions.”1 Other constitutional protections in the Bill of Rights, such as a speedy trial, the right to reasonable bail, and the ban on “cruel and unusual punishment,” would seem to be beyond a detainee’s reach as well.
Parry warns that, “In effect, what the new law appears to do is to create a parallel ‘star chamber’ system for the prosecution, imprisonment, and possible execution of enemies of the state, whether those enemies are foreign or domestic. “Under the cloak of setting up military tribunals to try al-Qaeda suspects and other so-called unlawful enemy combatants, Bush and the Republican-controlled Congress effectively created a parallel legal system for ‘any person’—American citizen or otherwise—who crosses some ill-defined line.” In one of the most chilling public statements ever made by a US Attorney General, Alberto Gonzales opined at a Senate Judiciary Committee hearing on Jan. 18, 2007, “The Constitution doesn’t say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesn’t say that. It simply says the right shall not be suspended.”
More important than its sophomoric nature, Parry warns, is that Gonzales’s statement suggests he is still searching for arguments to make habeas corpus optional, subordinate to the President’s executive powers that Bush’s neoconservative legal advisers claim are virtually unlimited during “time of war.”
Citation 1. “Military Commissions Act of 2006” Public Law 109-366, 109th Congress. See http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f :publ366.109.UPDATE BY ROBERT PARRYThe Consortium series on the Military Commissions Act of 2006 pointed out that the law’s broad language seems to apply to both US citizens and non-citizens, contrary to some reassuring comments in the major news media that the law only denies habeas corpus rights to non-citizens. The law’s application to “any person” who aids and abets a wide variety of crimes related to terrorism—and the law’s provisions stripping away the jurisdiction of civilian courts—could apparently thrust anyone into the legal limbo of the military commissions where their rights are tightly constrained and their cases could languish indefinitely.
Despite the widespread distribution of our articles on the Internet, the major US news media continues to ignore the troubling “any person” language tucked in toward the end of the statute. To my knowledge, for instance, no major news organization has explained why, if the law is supposed to apply only to non-citizens, one section specifically targets “any person [who] in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States.” Indeed, the “any person” language in sections dealing with a wide array of crimes, including traditional offenses such as spying, suggests that a parallel legal system has been created outside the parameters of the US Constitution. Since publication of the articles, the Democrats won control of both the House and Senate—and some prominent Democrats, such as Senate Judiciary Committee chairman Patrick Leahy, have voiced their intent to revise the law with the goal of restoring habeas corpus and other rights. However, other Democrats appear hesitant, fearing that any attempt to change the law would open them to charges that they are “soft on terrorism” and that Republicans would torpedo the reform legislation anyway. Outside of Congress, pro-Constitution groups have made reform of the Military Commissions Act a high priority. For instance, the American Civil Liberties Union organized a national protest rally against the law. But the public’s lack of a clear understanding of the law’s scope has undercut efforts to build a popular movement for repeal or revision of the law.To learn more about the movement to rewrite the Military Commissions Act, readers can contact the ACLU at https://secure.aclu.org/site/SPageServer?pagename=DOA_learn
Comment
On June 8, 2007 the Senate Judiciary Committee passed the Habeas Corpus Restoration Act on an 11-8 vote. If approved, the bipartisan bill, authored by Senator Patrick Leahy of Vermont and Senator Arlen Specter of Pennsylvania, will restore habeas rights that were taken away last year by the Military Commissions Act. The bill will move to the full Senate for vote late June 2007.
#2 Bush Moves Toward Martial Law
Sources: Toward Freedom , October 25, 2006Title: “Bush Moves Toward Martial Law”Author: Frank Moraleswww.towardfreedom.com/home/content/view/911
Student Researchers: Phillip Parfitt and Julie Bickel Faculty Evaluator: Andy Merrifield, Ph.D.
The John Warner Defense Authorization Act of 2007, which was quietly signed by Bush on October 17, 2006, the very same day that he signed the Military Commissions Act, allows the president to station military troops anywhere in the United States and take control of state-based National Guard units without the consent of the governor or local authorities, in order to “suppress public disorder.”
By revising the two-century-old Insurrection Act, the law in effect repeals the Posse Comitatus Act, which placed strict prohibitions on military involvement in domestic law enforcement. The 1878 Act reads, “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.” As the only US criminal statute that outlaws military operations directed against the American people, it has been our best protection against tyranny enforced by martial law—the harsh system of rules that takes effect when the military takes control of the normal administration of justice. Historically martial law has been imposed by various governments during times of war or occupation to intensify control of populations in spite of heightened unrest. In modern times it is most commonly used by authoritarian governments to enforce unpopular rule.1
Section 333 of the Defense Authorization Act of 2007, entitled “Major public emergencies; interference with State and Federal law,” states that “the President may employ the armed forces, including the National Guard in Federal service—to restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of (or “refuse” or “fail” in) maintaining public order—in order to suppress, in any State, any insurrection, domestic violence, unlawful combination, or conspiracy.”
Thus an Act of Congress, superceding the Posse Comitatus Act, has paved the way toward a police state by granting the president unfettered legal authority to order federal troops onto the streets of America, directing military operations against the American people under the cover of “law enforcement.”
The massive Defense Authorization Act grants the Pentagon $532.8 billion to include implementation of the new law which furthermore facilitates militarized police round-ups of protesters, so-called illegal aliens, potential terrorists, and other undesirables for detention in facilities already contracted and under construction, (see Censored 2007, Story #14) and transferring from the Pentagon to local police units the latest technology and weaponry designed to suppress dissent.
Author Frank Morales notes that despite the unprecedented and shocking nature of this act, there has been no outcry in the American media, and little reaction from our elected officials in Congress. On September 19, a lone Senator Patrick Leahy (D-Vermont) noted that 2007’s Defense Authorization Act contained a “widely opposed provision to allow the President more control over the National Guard [adopting] changes to the Insurrection Act, which will make it easier for this or any future President to use the military to restore domestic order without the consent of the nation’s governors.”
A few weeks later, on September 29, Leahy entered into the Congressional Record that he had “grave reservations about certain provisions of the fiscal Year 2007 Defense Authorization Bill Conference Report,” the language of which, he said, “subverts solid, longstanding posse comitatus statutes that limit the military’s involvement in law enforcement, thereby making it easier for the President to declare martial law.” This had been “slipped in,” Leahy said, “as a rider with little study,” while “other congressional committees with jurisdiction over these matters had no chance to comment, let alone hold hearings on, these proposals.”
Leahy noted “the implications of changing the [Posse Comitatus] Act are enormous.” “There is good reason,” he said, “for the constructive friction in existing law when it comes to martial law declarations. Using the military for law enforcement goes against one of the founding tenets of our democracy. We fail our Constitution, neglecting the rights of the States, when we make it easier for the President to declare martial law and trample on local and state sovereignty.” Morales further asserts that “with the president’s polls at a historic low and Democrats taking back the Congress it is particularly worrisome that President Bush has seen fit, at this juncture to, in effect, declare himself dictator.”
Citation 1. See http://en.wikipedia.org/wiki/Martial_law, “Martial Law,” May 2007
UPDATE BY FRANK MORALES
On April 24, 2007, Major General Timothy Lowenberg, the Adjutant General, Washington National Guard, and Director of the Washington Military Department, testified before the Senate Judiciary Committee on “The Insurrection Act Rider and State Control of the National Guard.” He was speaking in opposition to Section 1076 of the recently passed 2007 National Defense Authorization Act (NDAA), which President Bush quietly signed into law this past October 17. The law clears the way for the President to execute martial law, commandeer National Guard units around the country and unilaterally authorize military operations against the American people in the event of an executive declaration of a “public emergency.”This move toward martial law, which is intended to facilitate more effective counterinsurgency measures on the home front, took place, according to Lowenberg, “without any hearing or consultation with the governors and without any articulation or justification of need.” This, despite the fact that Section 1076 of the new law “changed more than one hundred years of well-established and carefully balanced state-federal and civil-military relationships.” In other words, with one swipe of the pen, says the General, “one hundred years of law and policy were changed without any publicly or privately acknowledged author or proponent of the change.”Its “Federal Plans for Implementing Expanded Martial Law Authority” are to be executed via the recently created domestic military command, the Northern Command or NORTHCOM. “One key USNORTHCOM planning assumption,” says Lowenberg, “is that the President will invoke the new Martial Law powers if he concludes state and/or local authorities no longer possess either the capability or the will to maintain order.” In fact, this “highly subjective assumption,” as Lowenberg puts it, has been in the works for some time now. According to the General, the “US Northern Command has been engaged for some time in deliberative planning for implementation of Section 1076 of the 2007 National Defense Authorization. The formal NORTHCOM CONPLAN 2502-05 was approved by Secretary of Defense Gates on March 15, 2007,” Further, according to the General, the 2007 NDAA provisions “could be used to compel National Guard forces to engage in civil disturbance operations under federal control.” In that case, NORTHCOM will effectuate its move to martial law, its “CONPLAN,” by way of its very own “civil disturbance plan,” Department of Defense Civil Disturbance Plan 55-2, code-named Garden Plot. Major Tom Herthel, of the United States Air Force Judge Advocate General School, recently laid out the Rules of Engagement & Rules for the Use of Force during the implementation of “GARDEN PLOT,” which according to Herthel, is ”the plan to provide the basis for all preparation, deployment, employment, and redeployment of all designated forces, including National Guard forces called to active federal service, for use in domestic civil disturbance operations as directed by the President.” Among other things, the “rules” allow for the use of lethal force during domestic “civil disturbance operations.”That is why many are urging Congress to repeal Section 1076 of the 2007 NDAA through immediate enactment of Senate Bill 513. Introduced in February 2007, and sponsored by Senator Patrick Leahy (D-Vt.), the bill seeks to repeal, or as the Congress puts it, “revive previous authority on the use of the Armed Forces and the militia to address interference with State or Federal law, and for other purposes,” through the “Repeal of Amendments made by Public Law 109-364-Section 1076 of the John Warner National Defense Authorization Act for Fiscal Year 2007.”It is critical that Senate Bill 513 becomes law, and that our popular struggle succeeds in beating back the President’s attempt to further codify the immoral and criminal seizure of state control via woefully ill-advised and dictatorial moves toward martial law and military rule.
#6 Operation FALCON Raids
Sources:SourceWatch, November 18, 2006Title: “Operation Falcon”Author: Brenda J. Elliot http://www.sourcewatch.org/index.php?title=Operation_FALCON
Ukernet, February 26, 2007Title: “Operation Falcon and the Looming Police State”Author: Mike Whitneyhttp://uruknet.info/?p=m30971&s1=h1
Student Researcher: Erica Haikara and Celeste WindersFaculty Evaluator: Ron Lopez, Ph.D.
Under the code name Operation FALCON (Federal and Local Cops Organized Nationally) three federally coordinated mass arrests occurred between April 2005 and October 2006. In an unprecedented move, more than 30,000 “fugitives” were arrested in the largest dragnets in the nation’s history. The operations directly involved over 960 agencies (state, local, and federal) and were the brainchild of Attorney General Alberto Gonzales and US Marshal’s Director Ben Reyna. The DoJ supplied television networks government-shot action videotape of Marshals and local cops raiding homes and breaking down doors, “targeting the worst of the worst criminals on the run,” emphasizing suspected sex offenders. Yet less than ten percent of the total 30,150 were suspected sex offenders and less than two percent owned firearms. The press has not asked, “Who were the others?” And to date, the US Marshal’s office has issued no public statement as to whether the people arrested in Operation Falcon have been processed or released. Author Mike Whitney cautions that Attorney General Gonzales has little interest in the petty offenders who were netted in this extraordinary crackdown. This action is instead, he warns, a practice roundup in the move toward martial law.
Altogether, there were three FALCON Operations, each netting roughly 10,000 criminal suspects. Between April 4–10, 2005, FALCON I swept up 10,340 fugitives in the largest nationwide mass arrest (to that date) in American history. Alberto Gonzalez proudly announced on April 15 through corporate media, “Operation FALCON is an excellent example of President Bush’s direction and the Justice Department’s dedication to deal both with the terrorist threat and traditional violent crime. This joint effort shows the commitment of our federal, state, and local partners to make our neighborhoods safer, and it has led to the highest number of arrests ever recorded for a single initiative of its kind. We will use all of our Nation’s law enforcement resources to serve the people, to pursue justice, and to make our streets and Nation safer.” Operation FALCON II, carried out the week of April 17–23, 2006, arrested another 9,037 individuals from twenty-seven states mostly west of the Mississippi River. Operation FALCON III, conducted during the week of October 22–28, 2006, netted another 10,733 fugitives in twenty-four states east of the Mississippi River.
The US Marshals Service has not yet disclosed the names of the people arrested in these massive sweeps nor of what crimes they were accused. We have no way of knowing whether they were provided with due process of law, where they are now, or whether they have been abused while in custody.
SourceWatch contributors further ask for clarification, “Although Attorney General Gonzales stated on April 15, 2005 that Operation FALCON was ‘an excellent example of President Bush‘s direction and the Justice Department’s dedication to deal both with the terrorist threat and traditional violent crime,’ where is the connection between the Operation FALCON roundups and catching terrorists? Why did police wait for federally orchestrated raids to arrest known sex offenders and suspected murders? Why were state and federal agencies integrated with local law enforcement to simply carry out routine police work?”
The media played an essential role in concealing the important details of the Operation. In fact, the non-critical “cookie cutter” articles which appeared in newspapers across the country suggest that the media may have collaborated directly with the Justice Department. (see Chapter 9, Fake News) Whitney notes that nearly identical “news” segments and articles put the best possible spin on a story that most Americans might find deeply disturbing, and perhaps frightening.
While mass militarized police roundups make little sense as a method of apprehending fugitives, the FALCON program does make sense as a means of effectively setting up a chain-of-command structure that radiates from the Justice Department and relocates the levers of control to Washington where they can be manned by members of the administration. Whitney warns that the plan behind the FALCON program appears to have been devised to enhance the powers of the “unitary” executive by putting state and local law enforcement under federal supervision, ready for the institution of martial law (see story #2.)
Update by Mike WhitneyOperation FALCON presents the first time in US history that all of the domestic police agencies have been put under the direct control of the federal government. The implications for American democracy are quite profound.Operation FALCON serves no purpose except to centralize power and establish the basic contours of an American police state. It is not an effective way of apprehending criminals.For the most part, the media completely ignored FALCON. In fact, these extraordinary police-state sweeps did not elicit even one editorial or one column-inch of commentary from any journalist in the country. Following the government’s version of events, the story was simply brushed aside as trivial. For those who care to explore the media’s true role in undermining the fundamental rights of Americans; FALCON is probably a good place to begin. It illustrates how the media deliberately obscures facts that do not serve the overall interests of the state.The last FALCON operation was carried out on October 28, 2006. Since then, the project has been put on “hold,” presumably until some time in the future when it will be reactivated by presidential decree. The precedents have now been established for law enforcement agencies across the nation to be taken over by the chief executive at a moment’s notice. If there is another terrorist attack within the United States, or the outbreak of an epidemic, or a natural disaster on the scale of Hurricane Katrina; we can expect that President Bush will consolidate his power by asserting direct control over all of the various federal, state, and local police agencies. Eventually, we will see that FALCON was organized with that very purpose in mind.Recent changes to the Insurrection Act of 1807 as well as to the Posse Comitatus Act of 1878 allow President Bush to declare martial law at his own discretion and to take control of the National Guard from the state governors. That means that Bush now has a complete monopoly on all the means of organized violence in the country.With the aid of the corporate media and an alliance of far-right organizations, Bush has successfully removed all the traditional obstacles to absolute power. The groundwork has been laid for an American dictatorship. FALCON is just one small part of that much larger plan.
UPDATE BY ARTIFICIAL INTELLIGENCEA more recent and less publicized sweep was made March 7, 2007, in Baltimore, with the arrest of about two hundred fugitives. The rationale for this sweep is more puzzling, perhaps, as it was the only city involved. This sweep received only local media attention.Numerous questions, as stated in the Operation FALCON article, remain unanswered. The mainstream press does not appear to be interested in exploring beyond the initial sweep events.Both House and Senate committees on the judiciary and government oversight are digging into DoJ operations due to the US attorney firings and politicization of the Department, with all roads leading to the White House. It is not unreasonable to expect that these sweeps may eventually come under investigation as well.The mainstream press, to my knowledge, has not responded at all to my SourceWatch coverage of this story. The press coverage that Operation FALCON received appears to be limited to DoJ and USMS news releases with the addition of an occasional local interest story. Information on the fate of the 30,000 plus who were arrested is conspicuous by its absence.Additional information on this story should be available from both the DoJ and USMS. In reality, it most likely will not be, as neither has provided any updates. The SourceWatch article will continue to be updated when or if additional information becomes available.
#7 Behind Blackwater Inc.
Source: Democracy Now! January 26, 2007Title: “Our Mercenaries in Iraq: Blackwater Inc and Bush’s Undeclared Surge” Author: Jeremy Scahillhttp://www.democracynow.org/article.pl?sid=07/01/26/1559232
Student Researcher: Sverre TyslFaculty Evaluator: Noel Byrne, Ph.D.
The company that most embodies the privatization of the military industrial complex—a primary part of the Project for a New American Century and the neoconservative revolution is the private security firm Blackwater. Blackwater is the most powerful mercenary firm in the world, with 20,000 soldiers, the world’s largest private military base, a fleet of twenty aircraft, including helicopter gunships, and a private intelligence division. The firm is also manufacturing its own surveillance blimps and target systems.
Blackwater is headed by a very right-wing Christian-supremist and ex-Navy Seal named Erik Prince, whose family has had deep neo-conservative connections. Bush’s latest call for voluntary civilian military corps to accommodate the “surge” will add to over half a billion dollars in federal contracts with Blackwater, allowing Prince to create a private army to defend Christendom around the world against Muslims and others.
One of the last things Dick Cheney did before leaving office as Defense Secretary under George H. W. Bush was to commission a Halliburton study on how to privatize the military bureaucracy. That study effectively created the groundwork for a continuing war profiteer bonanza. During the Clinton years, Erik Prince envisioned a project that would take advantage of anticipated military outsourcing. Blackwater began in 1996 as a private military training facility, with an executive board of former Navy Seals and Elite Special Forces, in the Great Dismal Swamp of North Carolina. A decade later it is the most powerful mercenary firm in the world, embodying what the Bush administration views as “the necessary revolution in military affairs”—the outsourcing of armed forces.
In his 2007 State of the Union address Bush asked Congress to authorize an increase in the size of our active Army and Marine Corps by 92,000 in the next five years. He continued, “A second task we can take on together is to design and establish a volunteer civilian reserve corps. Such a corps would function much like our military reserve. It would ease the burden on the Armed Forces by allowing us to hire civilians with critical skills to serve on missions abroad when America needs them.”
This is, however, precisely what the administration has already done—largely, Jeremy Scahill points out, behind the backs of the American people. Private contractors currently constitute the second-largest “force” in Iraq. At last count, there were about 100,000 contractors in Iraq, 48,000 of which work as private soldiers, according to a Government Accountability Office report. These soldiers have operated with almost no oversight or effective legal constraints and are politically expedient, as contractor deaths go uncounted in the official toll. With Prince calling for the creation of a “contractor brigade” before military audiences, the Bush administration has found a back door for engaging in an undeclared expansion of occupation.
Blackwater currently has about 2,300 personnel actively deployed in nine countries and is aggressively expanding its presence inside US borders. They provide the security for US diplomats in Iraq, guarding everyone from Paul Bremer and John Negroponte to the current US ambassador, Zalmay Khalilzad. They’re training troops in Afghanistan and have been active in the Caspian Sea, where they set up a Special Forces base miles from the Iranian border. According to reports they are currently negotiating directly with the Southern Sudanese regional government to start training the Christian forces of Sudan.
Blackwater’s connections are impressive. Joseph Schmitz, the former Pentagon Inspector General, whose job was to police the war contractor bonanza, has moved on to become the vice chairman of the Prince Group, Blackwater’s parent company, and the general counsel for Blackwater.
Bush recently hired Fred Fielding, Blackwater’s former lawyer, to replace Harriet Miers as his top lawyer; and Ken Starr, the former Whitewater prosecutor who led the impeachment charge against President Clinton, is now Blackwater’s counsel of record and has filed briefs with Supreme Court to fight wrongful death lawsuits brought against Blackwater.
Cofer Black, thirty-year CIA veteran and former head of CIA’s counterterrorism center, credited with spearheading the extraordinary rendition program after 9/11, is now senior executive at Blackwater and perhaps its most powerful operative.
Prince and other Blackwater executives have been major bankrollers of the President, of former House Majority Leader, Tom DeLay, and of former Senator, Rick Santorum. Senator John Warner, the former head of the Senate Armed Services Committee, called Blackwater, “our silent partner in the global war on terror.”
# 12 Another Massacre in Haiti by UN Troops
Sources:HaitiAction.net, January 21, 2007Title: “UN in Haiti: Accused of Second Massacre”Authors: Haiti Information Projecthttp://www.haitiaction.net/News/HIP/1_21_7/1_21_7.html
Inter Press ServiceTitle: “Haiti: Poor Residents of Capital Describe a State of Siege”Authors: Wadner Pierre and Jeb Spraguehttp://ipsnews.net/news.asp?idnews=36772
Student Researcher: William LeemingFaculty Evaluator: Dianne Parness
Eyewitness testimony confirms indiscriminate killings by UN forces in Haiti’s Cité Soleil community on December 22, 2006, reportedly as collective punishment against the community for a massive demonstration of Lavalas supporters in which about ten thousand people rallied for the return of President Aristide in clear condemnation of the foreign military occupation of their country. According to residents, UN forces attacked their neighborhood in the early morning, killing more than thirty people, including women and children. Footage taken by Haiti Information Project (HIP) videographers shows unarmed civilians dying as they tell of extensive gunfire from UN peacekeeping forces (MINUSTAH).
A hardened UN strategy became apparent days after the demonstration, when UN officials stated they were entering Cité Soleil to capture or kill gangsters and kidnappers. While officials of MINUSTAH have admitted to “collateral damage,” in the raids of December 2006, they say they are there to fight gangsters at the request of the René Préval government.
But many residents and local human rights activists say that scores of people having no involvement with gangs were killed, wounded, and arrested in the raids.
Although MINUSTAH denied firing from helicopter gunships, HIP captured more than three hours of video footage and a large selection of digital photos, illustrating the UN’s behavior in Haiti.
An unidentified twenty-eight-year-old man, filmed by HIP, can be seen dying as he testifies that he was shot from a circling UN helicopter that rained gunfire on those below. HIP film also shows a sixteen-year-old, dying just after being shot by UN forces. Before dying he describes details of the UN opening fire on unarmed civilians in his neighborhood. The wounded and dying, filmed by HIP, all express horror and confusion.
IPS observed that buildings throughout Cité Soleil were pockmarked by bullets; many showing huge holes made by heavy caliber UN weapons, as residents attest. Often pipes that brought in water to the slum community now lay shattered.
A recently declassified document from the US embassy in Port-au-Prince reveals that during a similar operation carried out in July 2005, MINUSTAH expended 22,000 bullets over several hours. In the report, an official from MINUSTAH acknowledged, “given the flimsy construction of homes in Cité Soleil and the large quantity of ammunition expended, it is likely that rounds penetrated many buildings, striking unintended targets.”
Frantz Michel Guerrier, spokesman for the Committee of Notables for the Development of Cité Soleil based in the Bois Neuf zone, said, “It is very difficult for me to explain to you what the people of Bois Neuf went through on Dec. 22, 2006—almost unexplainable. It was a true massacre. We counted more than sixty wounded and more than twenty-five dead, among [them] infants, children, and young people.”
“We saw helicopters shoot at us, our houses broken by the tanks,” Guerrier told IPS. “We heard detonations of the heavy weapons. Many of the dead and wounded were found inside their houses. I must tell you that nobody had been saved, not even the babies. The Red Cross was not allowed to help people. The soldiers had refused to let the Red Cross in categorically, in violation of the Geneva Convention.” Several residents told IPS that MINUSTAH, after conducting its operations, evacuated without checking for wounded.
Following the removal of Haiti’s elected Jean-Bertrand Aristide government (see Censored 2005, story #12), up to one thousand Lavalas political activists were imprisoned under the US-backed interim government, according to a Miami University Human Rights study.
A study released by the Lancet Journal of Medicine in August 2006 estimates that 8,000 were killed and 35,000 sexually assaulted in the greater Port-au-Prince area during the time of the interim government (2004-2006). The study attributed human rights abuses to purported “criminals,” police, anti-Lavalas gangs, and UN peacekeepers.
HIP Founding Editor Kevin Pina commented, “It is clear that this represents an act of terror against the community. This video evidence shows clearly that the UN stands accused, once again, of targeting unarmed civilians in Cité Soleil. There can be no justification for using this level of force in the close quarters of those neighborhoods. It is clear that the UN views the killing of these innocents as somehow acceptable to their goal of pacifying this community. Every demonstration, no matter how peaceful, is seen as a threat to their control if it includes demands for the return of Aristide to Haiti. In that context it is difficult to continue to view the UN mission as an independent and neutral force in Haiti. They apparently decided sometime ago it was acceptable to use military force to alter Haiti’s political landscape to match their strategic goals for the Haitian people.”
Update by Kevin PinaSince President Jean-Bertrand Aristide and his Lavalas political party were ousted from power on February 29, 2004, accusations of gross human rights violations have persisted in Haiti. While the Haitian National Police (HNP) received training and assistance from the UN following Aristide’s ouster, they were also accused of summary executions, arbitrary arrests, and the killing of unarmed demonstrators. The actions of the Haitian police became so egregious that even UN police trainers (CIVPOL) began to question the motives of their commanders and the mission’s objectives. The Haiti Information Project (HIP) received the following correspondence in response to a May 8, 2005 article “UN accommodates Human Rights Abuses by police in Haiti.”1 This is the first publication of that correspondence:
Just want to reinforce your observations as all being accurate.I am one of the 25 US CIVPOL here on the ground in Haiti, having arrived last November. As a group we are frustrated by the UN’s and CIVPOL’s unwillingness to interpret their mandate aggressively. I have been pushing them to conduct investigations into all the shootings and other significant Human Rights violations with no success. The Police Commissioner and command staff shows little interest and claim the mandate does not allow them to do this. Unfortunately I have countless examples.The corruption in the HNP is massive with little interest in addressing the problem. Just keep up the pressure, I don’t know what else to do.
Stephen MacKinnonChief, Strategic Planning UnitCIVPOL-MINUSTAH
Chief MacKinnon provided HIP with information and documents that painted a disturbing picture of a UN operation more obsessed with political embarrassment caused by mounting demonstrations for Aristide’s return than interest in reigning in human rights abuses committed by the HNP.2The United Nations Stabilization Mission in Haiti (MINUSTAH) now stands accused of having itself committed several massacres in the seaside shantytown of Cité Soleil. This area of the capital served as a launching site for massive demonstrations demanding the return of President Aristide and for an end to what they called the foreign occupation of their country.The Brazilian military has responsibility for leadership of the UN military forces in Haiti and is authorized to use deadly force. They are at the top of the command structure and their influence on the overall mission should not be understated. More importantly, there is a direct parallel between Brazilian military tactics utilized by UN forces in Haiti and similar military-style assaults used by the police in their own country.The Brazilian military police have been accused of firing indiscriminately in the poor slums of Sao Paulo and Rio de Janeiro called favelas. This was highlighted in an Amnesty International report “Brazil: ‘They come in Shooting’: Policing socially excluded communities,” released on December 2, 2005.3 This is similar to the tactics authorized by the Brazilian generals in Haiti. It has resulted in several high-profile massacres committed in the poor slum of Cité Soleil where protestors challenged the UN’s authority by continuing to launch massive demonstrations demanding Aristide’s return and condemning the UN’s presence in Haiti. In each instance, the UN and the elite-run Haitian press demonized the entire community as being criminals and gangsters and/or collaborators of criminals and gangsters. While it is true that armed “gangs” operated in the neighborhood and a few claimed they were aligned with Aristide’s Lavalas movement, these military raids had a clear correlation to the ongoing demonstrations and opposition to the UN presence in Haiti. Cité Soleil was terrorized on July 6, 2005 when Brazilian commanders authorized a raid by UN forces with the stated aim of routing gangs in the area.4 For Aristide supporters, the raid was a preemptive strike by the UN to dampen the impact of protests on Aristide’s birthday, planned to take place only nine days later on July 15. It also represented the first time UN forces purposely sought to assassinate the leadership of armed groups claiming allegiance to Aristide’s Lavalas movement.5 By the time UN guns stopped firing, countless unarmed civilians lay dead with many having been killed by a single high-powered rifle shot to the head. Since then, documents obtained under the Freedom of Information Act show the US Embassy and various intelligence agencies, were aware of the excessive use of force by UN forces in Haiti on July 6, 2005.6 Despite being heavily censored by US officials, what emerges is clear evidence of the disproportionate use of force by UN troops in Cité Soleil.December 16, 2006 saw another large demonstration for Aristide that began in Cite Soleil and only six days later on December 22, Brazilian commanders would authorize a second deadly raid that residents and human rights groups say resulted in the wholesale slaughter of innocent victims. The unspoken parallel of Brazil’s role in leading the UN’s military strategy in Haiti is the fact that terror tactics such as these have been their modus operandi in their own country. In the early morning hours of Feb. 2, UN forces entered Cité Soleil firing indiscriminately and their victims were two young girls killed as they slept in their own home.7 Massive demonstrations were scheduled to take place five days later demanding the return of Aristide throughout Haiti on Feb. 7. While these demonstrations went largely unreported by the international corporate media, this stood in contrast, to the avalanche of news stories filed two days later on Feb. 9, when UN forces launched yet another deadly military operation in Cité Soleil.8 Although these raids were ostensibly to rid the neighborhood of gangs, they followed the same pattern and relationship to demonstrations for Aristide’s return and military tactics used by Brazilian commanders in previous UN operations. The only rights organizations documenting the loss of life and destruction of property resulting from the UN raid on December 22, 2006, as well as previous and subsequent UN military operations, were the Institute for Justice and Democracy in Haiti (IJDH) and the Bureau des Avocats Internationaux (BAI).9 HIP, the organization originally authoring the article being recognized by Project Censored, is a news agency that has extensive video evidence and interviews from Cité Soleil taken the same day these attacks by UN forces were executed. HIP offers any human rights organization the opportunity to view the documentary footage and evidence supporting the claims of Cité Soleil residents that massacres by UN forces have been committed against them. Unfortunately, Amnesty International, Human Rights Watch and the Inter-American Commission on Human Rights of the Organization of American States have remained conspicuously disinterested and silent about this evidence. For further information and updates about Haiti, please visit www.haitiaction.net, www.ijdh.org, www.HaitiInformationProject.net, www.haitianalysis.com, www.canadahaitiaction.ca, and http://www.ahphaiti.org/.
Notes 1. Haiti Information Project,”UN accommodates Human Rights Abuses by police in Haiti,” May 8, 2005. See http://haitiaction.net/News/HIP/5_8_5/5_8_5.html. 2. Internet correspondence received from Steve McKinnon to HIP May 12, 2005. 3. Amnesty International Report, “Brazil: ‘They come in Shooting’: Policing socially excluded communities” December 2, 2005. See http://www.amnestyusa.org/document.php?lang=e &id=ENGAMR190252005 4. Haiti Information Project, “Evidence mounts of a UN massacre in Haiti,” July 12, 2005. See http://www.haitiaction.net/News/HIP/7_12_5.html. 5. Haiti Information Project,”The UN’s disconnect with the poor in Haiti,” December 25, 2005. See http://haitiaction.net/News/HIP/12_25_5/12_25a_5.html. 6. Haiti Information Project, “US Embassy in Haiti acknowledges excessive force by UN,” January 24, 2007. Article based on FOIA documents obtained by College of DuPage Geography Professor Keith Yearman. See http://haitiaction.net/News/HIP/1_23_7/1_23_7.html. 7. Haiti Information Project—February 2, 2007. UN terror kills Haiti’s children at night http://haitiaction.net/News/HIP/2_2_7a/2_2_7a.html. 8. Haiti Information Project, “Massive demonstrations in Haiti catch UN by surprise,” February 9, 2007. See http://haitiaction.net/News/HIP/2_9_7/2_9_7.html. 9. Haiti Information Project,”The UNspoken truth about gangs in Haiti,” February 15, 2007. See http://haitiaction.net/News/HIP/2_15_7/2_15_7.html. 10. Video images documenting UN military operations on July 6, 2005 and December 22, 2006 were taken by HIP videographer Jean-Baptiste Ristil.
An Update on 2/28/2007 IPS Article: "Haiti: Poor Residents of Capital Describe a State of Siege"
[Read The Rest of Them]
Tuesday, November 20, 2007
A Sad State of Affairs
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.”
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.”
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]
Pakistan Goes Nuts...
U.S. Secretary of State Condoleezza Rice, speaking at a news conference in the West Bank Monday, said Musharraf, who imposed emrgency rule Saturday, should stick to his word and "take off his uniform," The Associated Press reported.
[more]
"When the news breaks, we're there to fix it."
[more]
"When the news breaks, we're there to fix it."
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.
Friday, March 02, 2007
Secret CIA Prisoners Still Missing
Human Rights Watch:
The US government should account for all the missing detainees once held by the Central Intelligence Agency (CIA), Human Rights Watch said in a report released today.The 50-page report, "Ghost Prisoner: Two Years in Secret CIA Detention," contains a detailed description of a secret CIA prison from a Palestinian former detainee who was released from custody last year. Human Rights Watch has also sent a public letter to US President George W. Bush requesting information about the fate and whereabouts of the missing detainees.
Human Rights Watch's letter to Bush contained two lists of missing detainees. The first list names 16 people whom Human Rights Watch believes were held in CIA prisons and whose current whereabouts are unknown. The second list names 22 people who may have been held in CIA prisons and whose current whereabouts are unknown.
Human Rights Watch expressed concern about what may have happened to the missing prisoners. One possibility is that the US may have transferred some of them to foreign prisons where they remain under the CIA's effective control.
Another worrying possibility is that prisoners were transferred from CIA custody to places where they may face torture. A serious concern is that some of the missing prisoners might have been returned to their countries of origin, which include Algeria, Egypt, Libya and Syria, where the torture of terrorism suspects is common.
Subscribe to:
Posts (Atom)
