National security

The miracle of Spike Lee

The cinema icon talks about reshaping American mythology with his WWII epic, "Miracle at St. Anna," and what Hollywood would look like if he were in charge.

  • more
    • All Share Services

The miracle of Spike Lee

Do you remember the moment you gave up on Spike Lee? You might want to reverse your decision, because his new WWII epic, “Miracle at St. Anna,” is the joint you’ve prayed he had in him all this time.

I gave up in 1992, during the overhyped and merely OK “Malcolm X,” when Denzel Washington’s voice-over describes the young Malcolm X’s outrage at the way his teachers attempted to keep him in his place. He says something to the effect that he’s been treated like a horse. As the speech concludes, Spike cuts to a horse. I was insulted — this guy doesn’t think I know what a horse looks like? I told myself I’d wait for some positive word-of-mouth before I dropped dollars on another Spike feature.

So I sat out duds like “Bamboozled” and “She Hate Me.” Documentaries like the Oscar-nominated “4 Little Girls” suggested that his true talent lay there. But then came 2006′s “Inside Man,” Lee’s ambitious effort to redefine the Hollywood blockbuster. Right, I thought, a staunchly independent cinema icon with an offbeat, cantankerous sensibility is going to pull that off. But to my surprise, Lee took a competent, clever bank heist film, infused it with his heterogeneous New York gestalt, and transformed it not only into a memorable examination of racism and sleazy post-9/11 politics but, above all, a sharp psychological thriller. The movie, a critical hit, took in $186 million worldwide. Instead of the customary “joint,” Lee called it a “film.”

It might all have ended there, or with several more bank robbery thrillers, had Lee not picked up James McBride’s 2003 novel “Miracle at St. Anna.” Intrigued by the story’s compelling and fresh take on WWII, he has brought to the screen a complex fictional account of the real 92nd Infantry Division, a corps of black American soldiers (also called “Buffalo Soldiers”). The film follows four enlisted men who become trapped in a Tuscan village after a botched sortie. One of them, Train, is a simple-minded hulk who befriends a charmingly daft Italian kid, Angelo, who turns out to have survived a mass killing. McBride was inspired by a real mass murder that took place in the Tuscan village of Sant’Anna di Stazzema in 1944. Lee got into a tiff with Clint Eastwood recently when the diminutive Brooklynite pointed out that Eastwood’s “Flags of Our Fathers” misrepresented the African-American presence in WWII. Eastwood said he should “Shut his face,” to which Lee responded, “The man is not my father and we’re not on a plantation.” If you think Lee’s retort seems saucy, “Miracle at St. Anna” is a gauntlet thrown at Eastwood’s feet.

Intrigued by the Spike renaissance, I grabbed some phone time with Lee as he began a Normandy of publicity for the film’s opening weekend. (Listen to the interview here.)

How did you come across the book “Miracle at St. Anna”?

Well, I needed something to read and I was in my wife’s office, looking at her bookshelf. The spirit told me to take that one book out of the many books that were there. When I pulled it out of the bookcase I saw the cover with a black soldier and a young Italian boy and I said, What is this? And I read it, said I want to make it into a movie, called up James [McBride, who wrote the novel and screenplay], and we talked.

In some respects “Miracle at St. Anna” is meant to be a corrective for Hollywood World War II films that have omitted people of color.

Well, No. 1, that’s not what I’m saying. I’m not going to make a movie just to correct something. I mean it’s there, but that’s not the reason I made the film. The reason I made the film is ’cause it’s a great story. This is a piece of history that happened. You know, African-Americans have fought for this country, and have always been very patriotic — the first person to die for the United States of America was a black man, Crispus Attucks, killed by the British, so this is not a news flash. But a lot of times history is made into mythology. So we address some of that mythology at the beginning of “Miracle at St. Anna” with the film “The Longest Day” [playing on the main character's TV in the present day]. That’s a film about the invasion of Normandy with the icon of all American icons, John Wayne. You can’t get more American than that. It will take more than one movie, with all the war films Hollywood has done without African-Americans, to set the record straight.

The 92nd was an actual infantry, but McBride’s book is fiction.

It’s not a historical text. When he was a young kid growing up in Brooklyn, about 10 years old, he’d go over to his uncle’s house and his uncle would play cards and drink and get drunk and start telling war stories about himself and other black soldiers fighting the Nazis in Italy. That’s how James got the inspiration for the book.

There are a lot of people speaking in their native languages in this movie.

I could not make a WWII film with Nazis speaking English. I made the decision that everyone speak their native language. This film is about barriers, language, culture, all that stuff. So how you gonna have a scene where Train is teaching [Angelo] to communicate by tapping on his chest if they’re both speaking English? Where is going to be the conflict, the drama, with these four black American soldiers stumbling into a small Tuscan village if everyone is speaking the same language?

But you’ve also gone the extra step of, like, making sure that the Italian actors are speaking in Tuscan dialect.

Yeah, because they would kill me in Italy, the same way Americans would if I did a film that takes place in Brooklyn but people sound like they’re from Oxford, Miss. It’s gotta be authentic. This film was definitely influenced by the great Italian filmmakers of the neorealistic age: Roberto Rossellini, films like “Rome, Open City,” “Paisá,” “Germany Year Zero,” [Vittorio De Sica's] “Miracle in Milan.” If you look at the kid, Angelo, in “Miracle at St. Anna” [played by Matteo Sciabordi], he looks like he came directly out of “Open City” or “The Bicycle Thief.”

You’ve always had a kind of subtle affinity for Italians and Italian-Americans.

I don’t think it’s subtle; I think it’s very overt. I grew up in an Italian-American neighborhood in Brooklyn, Cobble Hill. From early on a lot of my friends were Italian-American. That’s not subtle. Also, I’ve seen firsthand that relationships between Italian-Americans and African-Americans have been kind of volatile over the years, and that was reflected in the films “Do the Right Thing” and “Jungle Fever.” “Miracle at St. Anna” really goes backward in time, where you had this relationship between black soldiers and Italians in WWII. These individuals saw the Buffalo Soldiers as their liberators, not as thugs or whatever. They were a part of the U.S. Army, which they’d been waiting on to liberate them from the tyranny of the Nazis and the last dregs of disaster under Mussolini.

It’s interesting that the film not only shows us a part of black history that we haven’t seen too often but also corrects the image of Europeans at the same time.

Definitely, yes, I’m glad you said that. Even the Italian actors talked about that; they were glad the Italians were not portrayed as stereotypical — playing mandolins, drinking wine, singing, dancing and whatnot. Also, I wanted to show the Nazis in a different light, too — not to make them heroes, but we felt there had to be a different way to portray Nazis than the one-note way I’ve seen in the films that come out of the Hollywood studios dealing with WWII. In Hollywood and on TV, you need villains. First you could say it was the Native Americans; they’re the bad guys, they’re the savages. Then came the Nazis; we kicked their ass. Then it was the Russians; right, their shit fell apart, until recently. And now, the No. 1 villain is the terrorists, the Arabs, the religion of Islam — that’s the boogeyman now. If they ever find bin Laden [laughs], then it’s gonna be somebody else.

But what “Miracle” is saying is that there aren’t these villains, there are just people and situations.

There are villains; I was not trying to pretty up that massacre scene. On Aug. 12, 1944, the 16th division of the SS massacred 500 innocent people [at Sant'Anna di Stazzema]: old men and women and children. That is a monstrous, barbaric act, so you can’t get around that.

The film seems to suggest that while this was an evil act, a whole group of people were not necessarily villains for having done it.

That’s one of the bad things about soldiers. They know they must, when their commanders demand it, commit inhumane acts, and most of the time they’re going to follow orders. Then when they go up on war charges, what do they say? I was just following orders.

None of the lead characters in “Miracle” is a hero in the strictest sense. I was surprised by that.

What do you mean? Train, Bishop, Hector Negron — I think they’re very heroic. These are young black men that volunteered to fight for this country at a time when America was still considering them second-class citizens. That’s definitely heroic.

What I mean is that they’re heroes in that John McCain sense, that they fought bravely but they were captured —

Let’s leave John McCain out of this.

But you know what I’m saying — their story is more complicated than “they went over and kicked ass.” It’s more like, they’re lucky any of them got back alive.

Well, we’re being truthful. They were not put in the position to perform to the best of their abilities. The policy of the Army brass was that only white Southern commanders should command the Buffalo Soldiers because white men from the South supposedly knew how to deal with black folks, and consequently, when that was put in place, there was a terrible rapport between the black soldiers and their white deep-Southern officers.

What would Hollywood be like if Spike Lee ran it?

It’d be more diverse, in terms of hiring at studios and the acquisition of films. People try to pretend like they have the answers. They don’t have the answers. Man, I still think William Goldman had the best quote ever: “Nobody knows nothing.” When I sit across the table from these executives and they’re telling me stuff, in my mind I’m saying, “You don’t know what you’re talking about. You don’t have a crystal ball. You don’t know what this thing can do. All you’re thinking about is saving your neck and your job.”

I understand that self-preservation is Rule No. 1, but I don’t have a lot of respect for these people. I’d rather they said, “I’m doing this because I got to save my job.” That I can respect. But when it comes to aesthetics, or film history, or what’s happening, they don’t know.

James Hannaham is a staff writer at Salon.

Missile defense is back

At the NATO Chicago summit, one of Bush's most disastrous ideas will return in full force -- with Obama's support

  • more
    • All Share Services

Missile defense is back (Credit: iStockphoto/yuri4u80)

NATO’s summit will open Sunday afternoon in Chicago as NATO summits do, with pomp and blather about a needed, purposeful, unified, stronger, more efficient Alliance. As austerity’s cousin, “efficiency” will receive buzzword status this year in the form of “Smart Defence,” NATO’s shiny new concept and the source of the sad, unintentional irony at the heart of this summit. This irony will become apparent when NATO Secretary General Anders Fogh Rasmussen stands before the world and touts Smart Defence in the same breath as he applauds NATO’s commitment to an epically dumb Washington-led boondoggle called the European Phased Adaptive Approach Missile Defense System.

The mouthful of a name contains the basics of the system. It is based in Europe, will be rolled out in phases, and, compared to the Bush-era system it replaced, was sold as an adaptive approach to some of the political and technological realities of European missile defense. It is the first missile defense project to be embraced by NATO allies, who historically have been left cold by the American faith that high-speed warheads can reliably be struck by other missiles hundreds of miles above the earth. Officially, consensus-run NATO has gotten religion. In Chicago, all 28 Alliance members will stand behind the outrageous lie that the first of the system’s four phases has achieved “interim operational capability.” NATO brass will declare with a straight face that a foundation has been laid for the next three phases scheduled between now and 2020. The U.S. is so excited it couldn’t wait for Chicago, and last week Navy Rear Adm. Mark Montgomery said that Phase 1 — a triad of Aegis ships equipped with interceptor batteries, a command-and-control base in Ramstein, Germany, and a radar in Turkey — now “provides an initial capability to provide some level of defense of Europe against a threat emanating from the Middle East.”

Montgomery’s claim is one of the most expensive cons ever to grace the wires of the Armed Forces Press Service. Last month the Government Accountability Office issued a devastating reality-based report on Phase 1 of the NATO system, itemizing a litany of “performance shortfalls, unexpected cost increases, schedule delays and test problems.” The GAO report echoed a more detailed analysis released in September by the Defense Science Board, an in-house Pentagon advisory team of preeminent basic and applied scientists. The DSB report concludes that the U.S. and NATO missile defense systems share the same heel of Achilles: Rudimentary decoys and debris render them useless. This is a point the Pentagon scientists make with some force, going so far as to use a rare government-report exclamatory. “If the defense should find itself in a situation where it is shooting at missile junk or decoys,” they write, “the impact on the regional interceptor inventory would be dramatic and devastating!”

In other words, if the nation launching the missile deploys rudimentary decoys, which everyone believes it would, the U.S. and NATO systems will be neutralized, their billion-dollar bullets reduced to raging mechanical bulls charging red flags and clowns in a barrel while the theoretical warhead continues along its arc. Almost as a side note, the DSB report notes that the radars built for the NATO system, the ones touted as “operable,” are too weak to even locate the missiles in the first place.

Nothing in the GAO and DSB reports is that surprising. The Missile Defense Agency is the CitiGroup of the military-industrial complex — a corrupt Too Big To Fail institution that never should have existed in the first place but for some bad legislation from the late Clinton era. The epic levels of waste involved in missile defense is unique even by Pentagon standards. “Missile defense has been exempted from many procurement rules and is subject to much less oversight than your standard defense program,” says George Lewis, of Cornell University’s Judith Reppy Institute for Peace and Conflict Studies. “Together with the rush to deploy rapidly this has led to buying before flying.” At the moment, three of the four types of interceptors procured for the U.S. system have been forced to suspend or delay production. According to the recent GAO report, the cost of testing interceptors for the U.S. system has shot over the last decade from less than $250 million to more than a billion dollars a shot.

But unlike other Pentagon pet projects infamous for criminal cost overruns, missile defense can never be finished. This is its beauty. It is a perpetual-motion defense sector profit machine, one that never stops chasing a dream over the horizon point in the the MDA’s logo. Missile defense exists on an endless continuum of new development contracts for next-generation radars, sensors, interceptors and lasers. A foolproof system will always be more necessary than ever, and just around the corner, almost within reach, despite what the scientists and the evidence may say. And until then, at least we’re doing our best to provide what Admiral Montgomery calls “some level of defense” against emerging missile threats.

But what does “some level of defense” mean when it comes to nuclear missiles? And how much is that fractional security worth? These questions have dogged missile defense since the early 1980s. Many billions of dollars later, the answers are the same: “not much” and “nothing.” The technology remains as far as ever from providing the mythical airtight “gas mask” that a young Richard Perle dangled before a credulous Reagan, the political godfather of Strategic Defense.

“Missile Defense proponents say an imperfect system increases uncertainty in the enemy’s mind and that’s good enough,” says Pavel Podvig, a Geneva-based nuclear weapons analyst and a columnist for the Bulletin of the Atomic Scientists. “But the uncertainty is all in the other direction. The number of warheads you have to deliver for deterrence is likely very low. The number could be one, or less than one. A certain probability that a nuclear bomb will land on your megopolis is a sufficient.”

Since the start of ground-based interceptor tests during the first Bush administration, missile defense “successes” have taken place under tightly controlled circumstances using pre-programmed flight paths and decoy-less targets that bear little relation to their likely real-world counterparts. Although rigged in plain sight, the tests are heralded as proof that the system will one day offer absolute protection from ICBM and medium-range missile attack. Those who have watched missile defense’s zombie-like march are hopeful that the Defense Science Board report may mark a turning point.

“The Defense Science Board report is an absolute killer,” says MIT’s Theodore Postol, a leading missile defense critic and a former scientific advisor to the Navy. “The boosters are ignoring it, but finally the Defense Department has acknowledged this crucial fact of physics that sensors can’t penetrate the surfaces of targets and are stymied by decoys and debris. To believe in missile defense, you have to believe in an adversary sophisticated enough to build ICBMs but not sophisticated enough to release decoy balloons around warheads. Viewed through a scientific lens, missile defense makes no sense and has never made sense. It’s an elaborate fraud.”

Richard Lehner, a spokesperson for the Missile Defense Agency, which manages contracts up and down the missile defense chain, claims that the DSB report has been grossly misrepresented. In fact, he says, the thrust of the report is that the technology is “on the right track.” Regarding the decoy problem, Lehner assured me the Missile Defense Agency’s Countermeasures Program is hard on the case. I asked him how much the Pentagon was spending on developing sensors that can tell the difference between nuclear warheads and balloons. “That’s classified,” he said.

Unclassified is the Russian response to the U.S. and NATO missile defense programs. The history of missile defense is the story of a fantasy complicating reality. Not long after Edward Teller dazzled Ronald Reagan with visions of space lasers, the president’s infatuation with SDI torpedoed a grand abolitionist deal with Gorbachev at Reykjavik. For the last 15 years, missile defense has been a reliable stumbling block in arms control negotiations and a constant irritant in relations with Moscow. It is partly because of NATO’s missile defense system that there will be no meeting of the NATO-Russia Council in Chicago.

This was not quite the plan when Europe signed on to the system. The birth of NATO missile defense was timed to Obama’s “reset” with Moscow and sold to allies as a joint system involving Russian participation. That hasn’t materialized, and despite the show of a united front in Chicago, Europe is by far the less eager partner in the system. On Friday, chairman of the Munich Security Conference Wolfgang Ischinger penned an editorial in the International Herald Tribune urging NATO to put missile defense on hold pending meaningful Russian involvement. “It would be wrong,” wrote Ischinger, “to kick the project of a joint missile defense shield into the long grass and move forward on B.M.D. [ballistic missile defense] without Russia. B.M.D. as a game changer: yes. B.M.D. as a game breaker: no.”

This is where many people ask why the Russians or anyone else even care about a profoundly flawed technology that is so easy to outsmart and defeat. “The answer is simple,” writes Yousaf Butt of the Federation of American Scientists in the National Interest:

Their military planners are hypercautious — as are the ones in the Pentagon — and must assume a worst-case scenario in which the system is highly effective. Missile defense will therefore strengthen the hands of overcautious, misinformed, opportunistic or hawkish elements within the Iranian and North Korean — as well as Russian and Chinese — political and military establishments. Both unknowable future circumstances and pressures from hawkish internal constituencies will pressure all these regimes to increase deployed nuclear stockpiles and military expenditures.

The Russian nuclear arsenal still sits on a hair-trigger and remains the most dangerous in the world. Not because the Russians are itching to launch an attack, or even because the button is guarded by human beings capable of error. What makes Russian nuclear psychology so important is their relative blindness. Russia has no satellite cover and majorly degraded radar cover. If something shows up on their screens resembling incoming missiles, they have a 15-minute decision window. Recent years have seen an increased threat of accidental nuclear war based on radar misreads and miscalculation. In Moscow bunkers, there have been close calls involving sunlight reflecting off of clouds and Norwegian weather satellite launches. Any policy that decreases trust with Moscow and makes them doubt their deterrent is a net loss for NATO’s stated mission of maintaining European peace and security.

“On the Russian side, there are easy-to-understand concerns,” says Postol. “From a military point of view, they see the U.S. building a vast radar system on its borders, and sometime in the future maybe the U.S. could put nukes on the interceptors. It creates a lot of uncertainty on the planner. On the political side, it’s another broken promise that fuels distrust. Misperceptions are destabilizing on both sides. Missile defense complicates the situation even though it doesn’t work. Politically and technically, it’s the worst of both worlds.”

Which brings us to a second irony in Chicago care of missile defense. An organization founded in response to the Russian military threat is now pursuing one of the only policies guaranteed to accelerate the reemergence of a Russian military threat, one that is no less dangerous for its radically different nature and context.

NATO’s adoption of missile defense may come as a surprise to those who remember the allies’ anger over the non-NATO European system proposed by the Bush administration in 2005. For decades, missile defense was the lonely obsession of a right-wing faction in Washington. Clinton did his best to ignore GOP calls for abrogating the ABM Treaty and committing the country to national missile defense. He was clearly hoping to run out the clock until it was Al Gore’s problem, but a 1998 “Team B” study on the missile threat chaired by Donald Rumsfeld shifted the debate, and during his last year in office Clinton reluctantly signed the Missile Defense Act. With the arrival of George W. Bush in the White House, the Act became an executive priority. September 11 next provided an unlikely opportunity for the most unctuous missile defense boosters to prey on the nation’s sense of vulnerability. I remember Frank Gaffney, director of the defense-industry sponsored American Center for Security Policy, going on television while ground zero was still on fire and making the case that the box-cutter attack proved missile defense was more urgent than ever.

In 2005, Bush proposed the system be extended to Europe to better address the still-theoretical threat from Iran. Most NATO allies wanted nothing to do with what they regarded as a destabilizing boondoggle but the Bush administration found eager partners in the “New Europe” capitals of Prague and Warsaw, which agreed to host a radar and missile battery. The Russians were outraged. In the early ’90s, NATO promised Russia it would not expand toward Russia’s eastern border; then it did and promised it wouldn’t put missile batteries on new members’ territory. Now the U.S. was doing just that. Major NATO allies were also unhappy, both about not being consulted and the growing diplomatic row with Moscow over a plan to protect the continental United States. Soon even the Czechs turned against the plan. Only Warsaw, Washington’s reliable saliva-dripping puppy, was angry when the plan began to fall apart.

Obama arrived in office and quickly scrapped Bush’s system. Republicans on the Hill laughably attacked the decision as a betrayal of Europe, even though the system was designed to protect the U.S. and the decision to kill it was fully backed by Defense Secretary Robert Gates and the Joint Chiefs of Staff. “The Republicans would have [Obama] pursue every single missile defense program that is theoretically possible, even if the new system is faster and more flexible and has a better test record,” says Daryl Kimball, director of the Arms Control Association in D.C.

Obama replaced the Bush system with the “Adaptive Approach” system being celebrated this weekend in Chicago. Intended to address the technological and geopolitical shortcomings of what came before, it has done neither. Despite the word “European” in the name and the NATO seal of approval, Obama’s system is essentially an extension of U.S. missile defense, paid for by American taxpayers. “The U.S. never really asked NATO permission, but told them what they were doing and said they could contribute if they wanted,” says Pavel Podvig, the Geneva-based analyst. “Europe joined, but for them it’s more about managing relationships among Russia, the U.S., Old and New Europe. Nobody in Europe really cares about missile defense. They just don’t want to make it confrontational or destabilizing.”

It sure is a nice thing to want. But unfortunately for the 900 million people represented by NATO countries, European missile defense without meaningful Russian participation is inherently confrontational and destabilizing. It’s also a very costly antonym for “Smart Defence.” A good number of the allied presidents and ministers arriving today at O’Hare know this. Their willingness to say so during tomorrow’s meetings and working dinners may determine much.

Continue Reading Close

Alexander Zaitchik is a journalist living in Brooklyn.

Israel’s drone dominance

If you want to know how drones will change America, look to the Jewish State -- where they're already widespread

  • more
    • All Share Services

Israel's drone dominance (Credit: Benjamin Wheelock)

Stark Aerospace of Mississippi is perhaps the only foreign-owned company with FAA permission to fly a drone in U.S. airspace. Based in the town of Columbus, not far from Mississippi State University, Stark is a subsidiary of the state-owned Israel Aerospace Industries — not that you could tell from looking at the company’s website, executive leadership or affiliations. You have to go to the Mississippi secretary of state website to learn that two of Stark’s three directors are Israelis.

So too with the America’s drone industry. The Israeli influence is not visible but it is real, documented and extremely relevant to the future of drones in America. If you want to know how drones may change American airspace in coming years, just look to Israel, where the unmanned aerial vehicle market is thriving and drones are considered a reliable instrument of “homeland security.”

“There are three explanations for Israel’s success in becoming a world leader in development and production of UAVs,” a top Israeli official explained to the Jerusalem Post last year. “We have unbelievable people and innovation, combat experience that helps us understand what we need and immediate operational use since we are always in a conflict which allows us to perfect our systems.”

Israel’s drone expertise goes back to at least 1970, according to the UAV page of the Israeli Air Force. Mark Daly, an expert on unmanned aircraft at Jane’s Defense in London, notes the Israelis were the first to make widespread use of drones in Israel’s 1982 invasion of Lebanon, when the aircraft were used to monitor troop movements.

Now, as the Arab media and Western reporters such as Scott Wilson of the Washington Post have reported, the Israeli Defense Force uses fleets of constantly hovering drones to intimidate and control the Arab population in the Gaza Strip.  (The residents call these drones “zenana,” which both sounds like the aircraft’s distinctive buzz and is Arabic slang for a nagging wife.) The IDF regularly uses drones for targeted assassinations of suspected militants, saying the drones enable them to use “precision strikes” to avoid hurting civilians. Yet as Human Rights Watch has documented, the drone strikes during the Gaza War killed scores of children who were nowhere near armed combatants.

Israel markets its expertise in defense to the rest of the world. Israeli academic Neve Gordon cites a glossy government brochure on drones titled “Israel Homeland Security: Opportunities for Industrial Cooperation,” which boasts, “no other advanced technology country has such a large proportion of citizens with real time experience in the army, security and police forces.” The chapter called “Learning from Israel’s Experience” notes that “many of these professionals continue to work as international consultants and experts after leaving the Israel Defense Forces, police or other defense and security organizations.”

The work has paid off when it comes to drones: The Jewish state is the single largest exporter of drones in the world, responsible for 41 percent of all UAVs exported between 2001 and 2011, according to a database compiled by the Stockholm International Peace Research Institute. Israeli companies export drone technology to at least 24 countries, including the United States.

In addition to exports, Israeli companies also create subsidiaries in consumer countries. “To increase sales outside Israel, Israel’s defense companies have to set up subsidiaries in target markets, rather than expand local manufacturing,” Haaretz reported  in 2009. The Israelis “set up Stark in 2006 to drum up business in America,” according to Haaretz, because the U.S. prefers “to buy armaments and other defense gear from local companies.” In 2007, Stark  “inaugurated its first production outfit, which makes Hunter unmanned vehicles that it sells through Northrop Grumman. In fact, the U.S. armed forces have been using [Israeli-made] Hunter drones since the early 1990s.”

As for domestic drone uses, the Israeli example is perhaps most instructive at the U.S. border. The 5 million Palestinian Arabs living in and around Israel, like the 11 undocumented resident aliens in the United States, are ineligible for citizenship in the land they call home. Both groups are subject to monitoring, barriers to entry and rapid expulsion. Not surprisingly one of the first uses of drones by the Department of Homeland Security was to monitor the U.S.-Mexico border, where it now flies Israeli-made Hermes 450 drones.

And the Israeli example is instructive not just at the border, but also south of it, where the Mexican government has allowed the U.S. to fly drone missions as part of the drug war. Mexico has, apparently, learned a thing or two from its northern neighbor about the best country for buying drones. In March, when it allegedly purchased two new drones of its own, it knew where to go: Israel.

Continue Reading Close
Jefferson Morley

Jefferson Morley is a staff writer for Salon in Washington and author of the forthcoming book, Snow-Storm in August: Washington City, Francis Scott Key, and the Forgotten Race Riot of 1835 (Nan Talese/Doubleday).

Can the NYPD (legally) spy on mosques?

A civil liberties expert explains how the city's Muslim surveillance program may have broken local and federal laws

  • more
    • All Share Services

Can the NYPD (legally) spy on mosques? NYPD Police Commissioner Ray Kelly (Credit: Reuters/Brendan McDermid)
This piece originally appeared on ProPublica.

Last August, the Associated Press launched a series detailing how the New York Police Department has extensively investigated Muslims in New York and other states, including preparing reports on mosques and Muslim-owned businesses, apparently without any suspicion of crimes being committed.

The propriety and legality of the NYPD’s activities is under dispute. Mayor Michael Bloomberg – who claimed last year that the NYPD does not focus on religion and only follows threats or leads – is now arguing that, as he said last week, “Everything the NYPD has done is legal, it is appropriate, it is constitutional.” Others disagree. In fact, Bloomberg himself signed a law in 2004 prohibiting profiling by law enforcement based on religion.

This week, Attorney General Eric Holder told a congressional committee the Justice Department is reviewing whether to investigate potential civil rights violations by the NYPD.

To get a better understanding of the rules governing the NYPD – and whether the department has followed them in its surveillance of Muslims – we spoke to Faiza Patel, co-director of the Liberty and National Security Program at the Brennan Center at NYU Law School.

The NYPD did not respond to our request for comment about allegations it has violated the law.

So Mayor Bloomberg and police commissioner Ray Kelly say everything that the NYPD did was legal and constitutional. Other people have disagreed – Newark Mayor Cory Booker, for example, said the wholesale surveillance of a community without suspicion of a crime “clearly crosses a line.” What restrictions is the NYPD operating under?

They are operating under at least three sets of rules. The first and most basic set of rules is the consent decree from the Handschu case – the so-called Handschu guidelines. This was a 1970s-era political surveillance case that was settled through a consent decree. The NYPD had been conducting surveillance of a number of political groups in the ’60s and ’70s. The initial consent decree regulated the NYPD’s collection of intelligence about political activity. It first said the NYPD can only collect intelligence about political activity if it follows certain rules. For example, the NYPD had to get clearance from something called the Handschu authority, which was a three-member board that consisted of two high-level police officials and one civilian appointed by the mayor.

Then, post-9/11 the NYPD went to court and asked a judge to review the consent decree because they wanted to have greater freedom in their counter-terrorism operations. What they wound up doing was adopting guidelines based on the FBI’s guidelines from 2003, issued by Attorney General John Ashcroft. These were different in several important ways. The first was that there was no pre-clearance, at all. There was no requirement that the NYPD get approval from the Handschu authority before they undertook any intel gathering about political activity. The second was that the guidelines explicitly say the NYPD can attend any public event or gathering on the same basis as another member of the public. So if I can go to a church, the NYPD can go to a church. But it goes on to say that the NYPD can’t retain the information it gathers from going to such public events unless it is connected to suspected criminal or terrorist activity.

So if you look at, say, the NYPD’s guide to Newark’s Muslim community obtained and published by the AP – which maps out mosques and Muslim-owned businesses without mentioning and suspicions of crimes – aren’t the police retaining exactly this kind of information?

There are a couple of documents that suggest they may have violated Handschu. For example, the [2006 NYPD report] on the Danish cartoon controversy, which is a collection of statements in mosques and other places that have been taken down by undercover officers or confidential informants.

What are the other rules the NYPD operates under?

The second set is that the NYPD has a profiling order in place, and New York City also has a racial profiling law. They are slightly different. The NYPD order [issued in 2002] does not include religion among the categories that they define as profiling. But the New York City law does. It prohibits police officers from relying on race, ethnicity, religion or national origin as a determinative factor in initiating law enforcement action. Normally you have quite a difficult time in racial profiling cases showing they’ve used one of these factors as the determinative factor. In this case, if you look at the documents, it seems quite clear that the NYPD had its eyes quite firmly on the Muslim community. So it’s possible it is also in violation of this law.

The third set of rules is, of course, the U.S. and the New York state constitutions. Within the Constitution you’re looking at least two broad categories of provisions – potential First Amendment claims for free speech, freedom of association and free exercise of religion. The other piece of it would be potential equal protection claims.

There was another AP story this week reporting that a bunch of federal grant money and equipment used as part of surveillance and investigation of the Muslim community. Does that muddy the legal questions about whether they were following federal rules as well?

The federal program that was giving them money is the HIDTA program – High Intensity Drug Trafficking Area. It’s geared toward providing funds to combat drug trafficking. HIDTA itself does allow for counter-terrorism spending to be an incidental purpose. It requires the HIDTA Executive Board to basically make sure that funds were being used for the purposes that they were supposed to be used for. So I think there’s a real issue about accountability and oversight of the use of HIDTA funds here.

So if the NYPD did potentially violate the Handschu guidelines and city law you mentioned, what are the penalties?

Well the Handschu lawyers already went to court last year and told the judge that the documents that had been released by the AP suggested that there had been violations of the Handschu decree. They asked for discovery so they could check the files of the NYPD to see whether they had violated the prohibition on keeping dossiers. I believe that that discovery will likely be starting soon. So there’s clearly a remedy through the Handschu mechanism. Because it’s a consent decree, it’s an ongoing thing. The judge has supervisory jurisdiction. There are also issues under the racial profiling law and under the First Amendment.

We’ve also turned to the question of oversight. The FBI, for all its faults, does have a fair amount of oversight – an inspector general internally and congressional oversight. We think a similar thing would be a great idea for the NYPD.

Continue Reading Close
Justin Elliott

Justin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin

The weakness of Obama’s strength

The president's image of national security success shows how little he has changed in U.S. foreign policy

  • more
    • All Share Services

The weakness of Obama's strengthPresident Obama and outgoing Chairman of the Joint Chiefs of Staff Admiral Mike Mullen in September 2011. (Credit: Kevin Lamarque / Reuters)

From Adlai Stevenson in 1952 to John Kerry in 2004, Democratic presidential candidates have usually been seen by voters as weak on the crucial issue of national security. Now, that seems to have changed, with defense becoming arguably President Barack Obama’s strongest asset in his 2012 reelection campaign. “Polls show voters believe Obama is handling the title ‘commander in chief’ better than other aspects of his job,” as USA Today bluntly put it last month.

Some Democratic pundits are giddy at their party’s turnaround on national security. “There’s no doubt Obama’s had a better first term in the White House on foreign policy than any Democrat going back to Truman, and frankly better than most Republicans’ first terms as well,” crowed Michael O’Hanlon of the Brookings Institution. Michael Tomasky has argued that Obama is on his way to being “not just a good but a great foreign-policy president.”  Michael Cohen made a good case in Foreign Policy for the Democrats being “the new national security party.” In other words, Obama has reversed decades of public perception about Democratic weakness, and it is time to uncork the champagne.

Not so fast. While it is welcome news to those of us who prefer the Democratic Party on domestic issues that it has finally neutralized Republicans on the crucial issue of national security, two problems persist. First, Obama’s popularity on foreign policy has come at great cost. Second, if the Dems exploit their national security advantage in the 2012 campaigns, they may be committing themselves to a permanent “Republican lite” agenda on the issue. American foreign policy still contains strong elements of militarism, interventionism and special-interest influence. Only if and when President Obama cures those underlying diseases can he be considered a great foreign-policy president.

Start with Obama’s national security track record. Obviously, it is far better than President George W. Bush’s, a low bar. Of all the post-Truman Democratic presidents, Obama’s tenure is equaled only perhaps by JFK’s. Successes have included the killing of Osama bin Laden, the downsizing of the American presence in Iraq, presiding over the relatively orderly exit of Hosni Mubarak in Egypt, and backing the removal of Gadhafi in Libya without sending U.S. troops. Obama and the Democrats deserve credit for laying the groundwork for a withdrawal from Afghanistan, and in showing the American people that diplomacy and multilateralism are not curse words but common sense. Most recently, the administration has begun paying more attention to Asia, where America’s attention should really be focused.

But these victories have been accompanied by significant failures. Obama’s escalation in Afghanistan was a predictable fiasco. His inability to turn the U.S. into an honest broker between Israel and the Palestinians is probably the proverbial final nail in the coffin of the so-called peace process. Obama never made clear how intervention in Libya was a vital strategic U.S. interest, and his engagement with Iran was halfhearted. Most disturbingly, from Guantanamo Bay to military commissions, the administration has continued many of the worst civil-liberties policies of its predecessor. And it is has even added some of its own in the form of stepped-up drone attacks, which not only kill scores of civilians but are vital in turning Pakistanis in crucial areas against the United States.

More broadly, Obama has been unable to fundamentally reorient U.S. foreign policy away from intervening in every region across the globe. The administration has not persuaded Americans that restraint would be both a wiser and more just approach to international affairs. It has not made the case that American exceptionalism is just a nationalist myth common to most nations. Instead, Obama has largely been successful in convincing the public that America can better dominate the world with something of a lighter touch.

If Obama and the Democrats rely on this approach in hopes of keeping the presidency and gaining seats in the House and Senate, they may only be extending America’s chronic foreign policy problems. If the administration does not even try, let alone succeed, in telling the American people that their defense budget is bloated, that the country must be much more selective in engagement across the world, and that civil liberties should be more than just an afterthought when conducting international affairs, all triumphs will be partial at best. Yes, Obama has proven terrific in regaining the national security edge the Democratic Party has relinquished for so long. And yes, that pays great dividends in both implementing the Democrats’ domestic policies and in turning Americans against the hyper-nationalist and -militaristic positions that defined the George W. Bush administration.

But we have seen the movie before. Lyndon Johnson’s administration was so obsessed with appearing soft on national security that this fear played no small part in embroiling the country in the disastrous war in Vietnam. More recently, many Democrats voted in support of the Iraq war for fear of seeming soft on the war on terrorism. Though Obama seems far too shrewd to engage in any quagmires of that scale, obsessing about electoral advantage has undeniable costs.

“Since at least the 1990s, the Democrats have embraced the premises of the GOP in national security,” says Julian Zelizer, author of “Arsenal of Democracy: The Politics of National Security — From World War II to the War on Terrorism.” “It’s about being tougher and more aggressive, not about international cooperation or dialogue with other countries.” Branding themselves as the “tough” party on national security is tempting, but if it prevents the Democrats from offering a genuine alternative to the current Republican Party, it may be too great a cost.

And therein lies the difficulty for Democrats, of course. Human nature presents challenges for any leader hoping to illustrate the counterintuitive reality that military power and obstinacy are actually only of limited use in the conduct of foreign policy. “When people are insecure, they’d rather have somebody who is strong and wrong than someone who’s weak and right,” President Clinton famously said after the 2002 midterm elections. Though cynical, Clinton was correct in his assessment. “It’s hard to tell people that you’re against being strong — the rhetoric sounds too good, even when the results aren’t,” says Zelizer, a professor at Princeton.

Obama has admirably succeeded in regaining the national security electoral edge from Republicans, who are still committed to pursuing hawkish policies even though they’ve been shown repeatedly to be wrongheaded. But success comes with its costs. When, and only when, the Democrats wean America off its addiction to global dominance can it truly claim to be a great party on national security.

Continue Reading Close

Jordan Michael Smith writes about U.S. foreign policy for Salon. He has written for the New York Times, Boston Globe and Washington Post.

The shadow of suspicion falls in the Mall of America

Visitors who have done nothing wrong are winding up identified in counterterrorism reports

  • more
    • All Share Services

The shadow of suspicion falls in the Mall of America

On May 1, 2008, at 4:59 p.m., Brad Kleinerman entered the spooky world of homeland security.

As he shopped for a children’s watch inside the sprawling Mall of America, two security guards approached and began questioning him. Although he was not accused of wrongdoing, the guards filed a confidential report about Kleinerman that was forwarded to local police.

The reason: Guards thought he might pose a threat because he had been looking at them in a suspicious way.

Najam Qureshi, owner of a kiosk that sold items from his native Pakistan, also had his own experience with authorities after his father left a cellphone on a table in the food court.

The consequence: An FBI agent showed up at the family’s home, asking if they knew anyone who might want to hurt the United States.

Mall of America officials say their security unit stops and questions on average up to 1,200 people each year. With 4.2 million square feet under one roof, the two-decade-old mall is a monument to suburban shopping and entertainment. Nearly 100,000 people from around the world pass through on a given day.

The interviews at the mall are part of a counterterrorism initiative that acts as the private eyes and ears of law enforcement authorities but has often ensnared innocent people, according to an investigation by the Center for Investigative Reporting and NPR.

In many cases, the written reports were filed without the knowledge of those interviewed by security. Several people named in the reports learned from journalists that their birth dates, race, names of employers and other personal information were compiled along with surveillance images.

In some cases, the questioning appears to have the hallmarks of profiling — something that officials at the mall deny. In nearly two-thirds of the cases reviewed, subjects are described as African-American, people of Asian and Arabic descent, and other minorities, according to an analysis of the documents.

Mall spokesman Dan Jasper said the private security guards would not conduct interviews based on racial or ethnic characteristics because “we may miss someone who truly does have harmful intent.”

Much of the questioning at the mall has been done in public while shoppers mill around, records show. Two people, a shopper and a mall employee, also described being taken to a basement area for questioning. Officials at the mall would not address individual cases.

“The government is not going to protect us free of charge, so we have to do that ourselves,” said Maureen Bausch, executive vice president of business development at the mall. “We’re lucky enough to be in the city of Bloomington where they actually have a police substation here [in the mall] … They’re great. But we are responsible for this building.”

Reporters at the Center for Investigative Reporting and NPR obtained 125 suspicious activity reports totaling over 1,000 pages dating back to Christmas Eve, 2005. The documents, provided by law enforcement officials in Minnesota, give a glimpse inside the national campaign by authorities to collect and share intelligence about possible threats.

The initiative exemplifies one of the enduring legacies of the terrorist attacks 10 years ago: Organizations and individuals are now encouraged by U.S. leaders to watch one another and report any signs of threats to homeland security authorities.

There is no way for the public to know exactly how many suspicious activity reports from the Mall of America have ended up with local, state and federal authorities. CIR and NPR asked 29 law enforcement agencies under open government laws for reports on suspicious activities. Only the Bloomington Police Department and Minnesota’s state fusion center have turned over at least a portion of the paperwork.

In 2008, the mall’s security director, Douglas Reynolds, told Congress that the mall was the “number-one source of actionable intelligence” provided to the state’s fusion center, an intelligence hub created after 9/11 to pull together reports from an array of law enforcement sources.

Information from the suspicious activity reports generated at the mall has been shared with Bloomington police, the FBI and, in at least four cases, the federal Immigration and Customs Enforcement agency.

The push to encourage Americans to report suspicious activity began in the aftermath of Sept. 11, 2001, when government officials and citizens found out there had been hints about the attackers that intelligence analysts had missed.

In the decade since, the Justice Department and Department of Homeland Security have launched programs urging citizens to report suspicious activity. The private sector, including the utility industry and other businesses concerned with protecting “critical infrastructure,” have their own surveillance and reporting systems. Homeland Security Secretary Janet Napolitano has made such reporting a priority.

Last year the Department of Homeland Security launched a promotional campaign, “If you see something, say something,” encouraging Americans to report anything perceived as threatening.

Among those formally enlisted were parking attendants, Jewish groups, stadium operators, landlords, security guards, fans of professional golf and auto racing and retailers such as the Mall of America. Visitors “may be subject to a security interview,” the mall’s website says.

The suspicious activity reports from the mall are rich with detail. They contain personal information, sometimes including Social Security numbers and the names of family members and friends. Some of the reports include shoppers’ travel plans.

Commander Jim Ryan of the Bloomington Police Department said shoppers are not under arrest when stopped for questioning by private security. He said even he would walk away if the questioning seemed excessive.

“I don’t think that I would subject myself to that, personally,” he said. Ryan, however, defends security procedures at the mall.

Ryan said such reports are crucial to the nation’s safety in the post-9/11 era. He said the suspicious activity reports could be held by his agency for two decades or longer. He acknowledged that the mall’s methods, and reports the security guards file, may “infringe on some freedoms, unfortunately.”

“We’re charged with trying to keep people safe. We’re trying to do it the best way we can,” he said. “You may be questioned at the Mall of America about suspicious activity. It’s something that may happen. It’s part of today’s society.”

Some national security and constitutional law specialists question the propriety and effectiveness of such reports.

Dale Watson, a former top counterterrorism official with the FBI, said the mall’s reports suggest that anyone could be targeted for intrusive questioning and surveillance.

“If that had been one of my brothers that was stopped in a mall, I’d be furious about it — if I thought the police department had a file on him, an information file about his activities in the mall without any reasonable suspicion to investigate,” said Watson, who played key roles in the investigations of the 1995 Oklahoma City bombing and a 1998 attack on U.S. embassies in East Africa.

Shoppers, who for the most part had no idea that a visit to the mall led to their personal information being shared with law enforcement, reacted with anger and dismay when shown their reports.

“For all the 30 years that I have lived in the United States, I’ve never been a suspect,” said Emil Khalil. The California man was confronted at the mall in June 2009 for taking pictures, and he said an FBI agent later questioned him at the airport. “And I’ve never done anything wrong.”

Monica Lam, Center for Investigative Reporting

Brad Kleinerman, at home with his youngest son, was stopped after Mall of America security guards said he looked at them in a suspicious manner.

Mike Rozin, chief of a special security unit at the mall since 2005, acknowledged that the vast majority of people who come into contact with his unit “have done nothing wrong, have no malicious intent.”

“They just act in a suspicious manner that obligated me to investigate further,” Rozin said. “We talked to them for an average of five minutes, and they’re able to continue their shopping.”

Francis Van Asten’s experience with mall security lasted much longer.

On Nov. 9, 2008, the Bloomington resident videotaped a short road trip from his home to the Mall of America. Van Asten, now 66, planned to send it to his fiancée’s family in Vietnam so they could see life in the United States.

As he headed down an escalator, camera in hand, mall guards caught sight of him.

“Right away, I noticed he had a video camera and was recording the rotunda area,” a security guard wrote in a suspicious activity report.

Van Asten, a one-time missile system repairman for the Army, was questioned for approximately two hours, records show. He was asked about traveling to Vietnam and how he came to know people there. The FBI Joint Terrorism Task Force was alerted. He was given a pat-down search, and the FBI demanded that his memory card be confiscated “for further analysis.”

Authorities were concerned about his footage of an airplane landing at Minnesota’s nearby international airport. They also worried Van Asten was conducting surveillance of mall property.

Exhausted and rattled, Van Asten had trouble finding his car after the ordeal was over.

“I sat down in my car and I cried, and I was shaking like a leaf,” Van Asten said in an interview at his home. “That kind of sensation doesn’t leave you real quickly when you’ve had an experience like that.”

Bobbie Allen, a musician who lives in downtown Minneapolis, was stopped for writing in a notebook. As he waited for a lunch date on June 25, 2007, Allen jotted down some words, which caught the attention of security guard.

One guard wrote in Allen’s suspicious activity report: “Before the male would write in his notebook, it appeared as though he would look at his watch. Periodically, the male would briefly look up from his notebook, look around, and then continue writing.”

Guards asked for his name and for whom he was waiting. Allen, who is black, felt singled out for his race, according to the report. The guard responded that he was “randomly selected” for an interview.

The guards called Bloomington police, after deciding Allen was uncooperative and his note-taking “suspicious.” Allen was cleared, but a suspicious activity report was compiled, complete with surveillance photo, age, height, address and more. Much of that information ended up in a Bloomington police report.

Jeffrey Rosen, a law professor at George Washington University, said such actions trample on traditional civil liberties protections and shift unaccountable power into private hands.

Rosen said the risk of abuses is high, particularly if there turns out to be a lack of proven results. “If all they’re getting for amassing suspicious activity reports on innocent people in government databases is the arrest of a few low-level turnstile jumpers and shoplifters, that doesn’t seem very sensible,” Rosen said.

In Allen’s case, he responded in a way few others have: He complained to the Minnesota Department of Human Rights and filed a lawsuit. Department investigators concluded that there was probable cause to support Allen’s claim of racial discrimination.

Allen declined an interview, citing a settlement agreement reached with the mall.

Not everyone had a negative reaction to being written up. After a report naming him was forwarded to the FBI, Sameer Khalil of Orange County, Calif., said he believed that police and private security have an important job they must do.

“I think [the mall's program] makes America safer,” he said.

Businessman Najam Qureshi discovered how the suspicions at the mall can linger.

The FBI arrived on his doorstep shortly after a run-in with mall security. His family moved from Pakistan to the United States when Qureshi was 8. Police once pulled over their car for a minor traffic violation, and Qureshi remembers his father saying, “You don’t have to fear the police here. They are here to help.”

Qureshi opened a small kiosk at the mall so his aging father, a former aeronautical engineer named Saleem, could keep busy. One day in early 2007, Saleem Qureshi left his cellphone in a mall food court. When he returned for it, security personnel had established a “perimeter” around the phone, along with other unattended items nearby that did not belong to Saleem — a stroller and two coolers.

The “suspicious” objects eventually were cleared by security, documents show. But mall guards pursued Saleem Qureshi with questions.

“Qureshi moved around a lot when answering questions,” security guard Ashly Foster wrote in a report. “At one point, he moved to his kiosk and proceeded to take items off of two shelves just to switch them around. … He seemed to get agitated at points when I would ask more detailed questions.”

Four years after his father ended up in a suspicious activity report, his son was shown the report for the first time.

“Everybody that lives in this country,” said Najam Qureshi, “is a person of interest as far as these reports are concerned.”

– - – - – - – - – -

The Center for Investigative Reporting, the nation’s oldest independent, nonprofit investigative news center, reported this story along with National Public Radio. You can contact the reporters at gwschulz-at-cironline.org, zwerdling-at-npr.org and abecke-at-cironline.org.

Read the extended version on the Center for Investigative Reporting’s project site, americaswarwithin.org.

Margot Williams of NPR contributed to this report.

Continue Reading Close

Page 1 of 39 in National security