On a muggy Florida evening in 2008, I meet Iraq War veteran Forrest Fogarty in the Winghouse, a little bar-restaurant on the outskirts of Tampa, his favorite hangout. He told me on the phone I would recognize him by his skinhead. Sure enough, when I spot a white guy at a table by the door with a shaved head, white tank top and bulging muscles, I know it can only be him.
Over a plate of chicken wings, he tells me about his path into the white-power movement. “I was 14 when I decided I wanted to be a Nazi,” he says. At his first high school, near Los Angeles, he was bullied by black and Latino kids. That’s when he first heard Skrewdriver, a band he calls “the godfather of the white power movement.” “I became obsessed,” he says. He had an image from one of Skrewdriver’s album covers — a Viking carrying a staff, an icon among white nationalists — tattooed on his left forearm. Soon after he had a Celtic cross, an Irish symbol appropriated by neo-Nazis, emblazoned on his stomach.
At 15, Fogarty moved with his dad to Tampa, where he started picking fights with groups of black kids at his new high school. “On the first day, this bunch of niggers, they thought I was a racist, so they asked, ‘Are you in the KKK?’” he tells me. “I said, ‘Yeah,’ and it was on.” Soon enough, he was expelled.
For the next six years, Fogarty flitted from landscaping job to construction job, neither of which he’d ever wanted to do. “I was just drinking and fighting,” he says. He started his own Nazi rock group, Attack, and made friends in the National Alliance, at the time the biggest neo-Nazi group in the country. It has called for a “a long-term eugenics program involving at least the entire populations of Europe and America.”
But the military ran in Fogarty’s family. His grandfather had served during World War II, Korea and Vietnam, and his dad had been a Marine in Vietnam. At 22, Fogarty resolved to follow in their footsteps. “I wanted to serve my country,” he says.
Army regulations prohibit soldiers from participating in racist groups, and recruiters are instructed to keep an eye out for suspicious tattoos. Before signing on the dotted line, enlistees are required to explain any tattoos. At a Tampa recruitment office, though, Fogarty sailed right through the signup process. “They just told me to write an explanation of each tattoo, and I made up some stuff, and that was that,” he says. Soon he was posted to Fort Stewart in Georgia, where he became part of the 3rd Infantry Division.
Fogarty’s ex-girlfriend, intent on destroying his new military career, sent a dossier of photographs to Fort Stewart. The photos showed Fogarty attending white supremacist rallies and performing with his band, Attack. “They hauled me before some sort of committee and showed me the pictures,” Fogarty says. “I just denied them and said my girlfriend was a spiteful bitch.” He adds: “They knew what I was about. But they let it go because I’m a great soldier.”
In 2003, Fogarty was sent to Iraq. For two years he served in the military police, escorting officers, including generals, around the hostile country. He says he was granted top-secret clearance and access to battle plans. Fogarty speaks with regret that he “never had any kill counts.” But he says his time in Iraq increased his racist resolve.
“I hate Arabs more than anybody, for the simple fact I’ve served over there and seen how they live,” he tells me. “They’re just a backward people. Them and the Jews are just disgusting people as far as I’m concerned. Their customs, everything to do with the Middle East, is just repugnant to me.”
Because of his tattoos and his racist comments, most of his buddies and his commanding officers were aware of his Nazism. “They all knew in my unit,” he says. “They would always kid around and say, ‘Hey, you’re that skinhead!’” But no one sounded an alarm to higher-ups. “I would volunteer for all the hardest missions, and they were like, ‘Let Fogarty go.’ They didn’t want to get rid of me.”
Fogarty left the Army in 2005 with an honorable discharge. He says he was asked to reenlist. He declined. He was sick of the system.
Since the launch of the wars in Afghanistan and Iraq, the U.S. military has struggled to recruit and reenlist troops. As the conflicts have dragged on, the military has loosened regulations, issuing “moral waivers” in many cases, allowing even those with criminal records to join up. Veterans suffering post-traumatic stress disorder have been ordered back to the Middle East for second and third tours of duty.
The lax regulations have also opened the military’s doors to neo-Nazis, white supremacists and gang members — with drastic consequences. Some neo-Nazis have been charged with crimes inside the military, and others have been linked to recruitment efforts for the white right. A recent Department of Homeland Security report, “Rightwing Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment,” stated: “The willingness of a small percentage of military personnel to join extremist groups during the 1990s because they were disgruntled, disillusioned, or suffering from the psychological effects of war is being replicated today.” Many white supremacists join the Army to secure training for, as they see it, a future domestic race war. Others claim to be shooting Iraqis not to pursue the military’s strategic goals but because killing “hajjis” is their duty as white militants.
Soldiers’ associations with extremist groups, and their racist actions, contravene a host of military statutes instituted in the past three decades. But during the “war on terror,” U.S. armed forces have turned a blind eye on their own regulations. A 2005 Department of Defense report states, “Effectively, the military has a ‘don’t ask, don’t tell’ policy pertaining to extremism. If individuals can perform satisfactorily, without making their extremist opinions overt … they are likely to be able to complete their contracts.”
Carter F. Smith is a former military investigator who worked with the U.S. Army Criminal Investigation Command from 2004 to 2006, when he helped to root out gang violence in troops. “When you need more soldiers, you lower the standards, whether you say so or not,” he says. “The increase in gangs and extremists is an indicator of this.” Military investigators may be concerned about white supremacists, he says. “But they have a war to fight, and they don’t have incentive to slow down.”
Tom Metzger is the former grand wizard of the Ku Klux Klan and current leader of the White Aryan Resistance. He tells me the military has never been more tolerant of racial extremists. “Now they are letting everybody in,” he says.
The presence of white supremacists in the military first triggered concern in 1976. At Camp Pendleton in California, a group of black Marines attacked white Marines they mistakenly believed to be in the KKK. The resulting investigation uncovered a KKK chapter at the base and led to the jailing or transfer of 16 Klansmen. Reports of Klan activity among soldiers and Marines surfaced again in the 1980s, spurring President Reagan’s Defense Secretary, Caspar Weinberger, to condemn military participation in white supremacist organizations.
Then, in 1995, a black couple was murdered by two neo-Nazi paratroopers around Fort Bragg in North Carolina. The murder investigation turned up evidence that 22 soldiers at Fort Bragg were known to be extremists. That year, language was added to a Department of Defense directive, explicitly prohibiting participation in “organizations that espouse supremacist causes” or “advocate the use of force or violence.”
Today a complete ban on membership in racist organizations appears to have been lifted — though the proliferation of white supremacists in the military is difficult to gauge. The military does not track them as a discrete category, coupling them with gang members. But one indication of the scope comes from the FBI.
Following an investigation of white supremacist groups, a 2008 FBI report declared: “Military experience — ranging from failure at basic training to success in special operations forces — is found throughout the white supremacist extremist movement.” In white supremacist incidents from 2001 to 2008, the FBI identified 203 veterans. Most of them were associated with the National Alliance and the National Socialist Movement, which promote anti-Semitism and the overthrow of the U.S. government, and assorted skinhead groups.
Because the FBI focused only on reported cases, its numbers don’t include the many extremist soldiers who have managed to stay off the radar. But its report does pinpoint why the white supremacist movements seek to recruit veterans — they “may exploit their accesses to restricted areas and intelligence or apply specialized training in weapons, tactics, and organizational skills to benefit the extremist movement.”
In fact, since the movement’s inception, its leaders have encouraged members to enlist in the U.S. military as a way to receive state-of-the-art combat training, courtesy of the U.S. taxpayer, in preparation for a domestic race war. The concept of a race war is central to extremist groups, whose adherents imagine an eruption of violence that pits races against each other and the government.
That goal comes up often in the chatter on white supremacist Web sites. On the neo-Nazi Web site Blood and Honour, a user called 88Soldier88, wrote in 2008 that he is an active duty soldier working in a detainee holding area in Iraq. He complained about “how ‘nice’ we have to treat these fucking people … better than our own troops.” Then he added, “Hopefully the training will prepare me for what I hope is to come.” Another poster, AMERICANARYAN.88Soldier88, wrote, “I have the training I need and will pass it on to others when I get out.”
On NewSaxon.org, a social networking group for neo-Nazis, a group called White Military Men hosts numerous contributors. It was begun by “FightingforWhites,” who identified himself at one point as Lance Cpl. Burton of the 2nd Battalion Fox Company, but then removed the information. The group calls for “All men with military experience, retired or active/reserve” to “join this group to see how many men have experience to build an army. We want to win a war, we need soldiers.” FightingforWhites — whose tagline is “White Supremacy will prevail! US Military leading the way!” — goes on to write, “I am with an infantry battalion in the Marine Corps, I have had the pleasure of killing four enemies that tried to kill me. I have the best training to kill people.” On his wall, a friend wrote: “THANKS BROTHER!!!! kill a couple towel heads for me ok!”
Such attitudes come straight from the movement’s leaders. “We do encourage them to sign up for the military,” says Charles Wilson, spokesman for the National Socialist Movement. “We can use the training to secure the resistance to our government.” Billy Roper, of White Revolution, says skinheads join the military for the usual reasons, such as access to higher education, but also “to secure the future for white children.” “America began in bloody revolution,” he reminds me, “and it might end that way.”
When it comes to screening out racists at recruitment centers, military regulations appear to have collapsed. “We don’t exclude people from the army based on their thoughts,” says S. Douglas Smith, an Army public affairs officer. “We exclude based on behavior.” He says an “offensive” or “extremist” tattoo “might be a reason for them not to be in the military.” Or it might not. “We try to educate recruiters on extremist tattoos,” he says, but “the tattoo is a relatively subjective decision” and shouldn’t in itself bar enlistment.
What about something as obvious as a swastika? “A swastika would trigger questions,” Smith says. “But again, if the gentlemen said, ‘I like the way the swastika looked,’ and had clean criminal record, it’s possible we would allow that person in.” “There are First Amendment rights,” he adds.
In the spring, I telephoned at random five Army recruitment centers across the country. I said I was interested in joining up and mentioned that I had a pair of “SS bolts” tattooed on my arm. A 2000 military brochure stated that SS bolts were a tattoo image that should raise suspicions. But none of the recruiters reacted negatively, and when pressed directly about the tattoo, not one said it would be an outright problem. A recruiter in Houston was typical; he said he’d never heard of SS bolts and just encouraged me to come on in.
It’s in the interest of recruiters to interpret recruiting standards loosely. If they fail to meet targets, based on the number of soldiers they enlist, they may have to attend a punitive counseling session, and it could hurt any chance for promotion. When, in 2005, the Army relaxed regulations on non-extremist tattoos, such as body art covering the hands, neck and face, this cut recruiters even more slack.
Even the education of recruiters about how to identify extremists seems to have fallen by the wayside. The 2005 Department of Defense report concluded that recruiting personnel “were not aware of having received systematic training on recognizing and responding to possible terrorists” — a designation that includes white supremacists — “who try to enlist.” Participation on white supremacist Web sites would be an easy way to screen out extremist recruits, but the report found that the military had not clarified which Web forums were gathering places for extremists.
Once white supremacists are in the military, it is easy to stay there. An Army Command Policy manual devotes more than 100 pages to rooting them out. But no officer appears to be reading it.
Hunter Glass was a paratrooper in the 1980s and became a gang cop in 1999 in Fayetteville, North Carolina, near Fort Bragg. “In the early 1990s, the military was hard on them. They could pick and choose,” he recalls. “They were looking for swastikas. They were looking for anything.” But the regulations on racist extremists got jettisoned with the war on terror.
Glass says white supremacists now enjoy an open culture of impunity in the armed forces. “We’re seeing guys with tattoos all the time,” he says. “As far as hunting them down, I don’t see it. I’m seeing the opposite, where if a white supremacist has committed a crime, the military stance will be, ‘He didn’t commit a race-related crime.’”
In fact, a 2006 report by the Army’s Criminal Investigation Command shows that military brass consistently ignored evidence of extremism. One case, at Fort Hood, reveals that a soldier was making Internet postings on the white supremacist site Stormfront.org. But the investigator was unable to locate the soldier in question. In a brief summary of the case, an investigator writes that due to “poor documentation,” “attempts to locate with minimal information met with negative results.” “I’m not doing my job here,” the investigator notes. “Needs to get fixed.”
In another case, investigators found that a Fort Hood soldier belonged to the neo-Nazi group Hammerskins and was “closely associated with” the Celtic Knights of Austin, Texas, another extremist organization, a situation bad enough to merit a joint investigation by the FBI and the Army’s Criminal Investigation Command. The Army summary states that there was “probable cause” to believe the soldier had participated in at least one white extremist meeting and had “provided a military technical manual … to the leader of a white extremist group in order to assist in the planning and execution of future attacks on various targets.”
Our of four preliminary probes into white supremacists, the Criminal Investigation Command carried through on only this one. The probe revealed that “a larger single attack was planned for the San Antonio, TX after a considerable amount of media attention was given to illegal immigrants. The attack was not completed due to the inability of the organization to obtain explosives.” Despite these threats, the subject was interviewed only once, in 2006, and the investigation was terminated the following year.
White supremacists may be doing more than avoiding expulsion. They may be using their military status to help build the white right. The FBI found that two Army privates in the 82nd Airborne Division at Fort Bragg had attempted in 2007 to sell stolen property from the military — including ballistic vests, a combat helmet and pain medications such as morphine — to an undercover FBI agent they believed was involved with the white supremacist movement. (They were convicted and sentenced to six years.) It found multiple examples of white supremacist recruitment among active military, including a period in 2003 when six active duty soldiers at Fort Riley, members of the Aryan Nation, were recruiting their Army colleagues and even serving as the Aryan Nation’s point of contact for the state of Kansas.
One white supremacist soldier, James Douglas Ross, a military intelligence officer stationed at Fort Bragg, was given a bad conduct discharge from the Army when he was caught trying to mail a submachine gun from Iraq to his father’s home in Spokane, Wash. Military police found a cache of white supremacist paraphernalia and several weapons hidden behind ceiling tiles in Ross’ military quarters. After his discharge, a Spokane County deputy sheriff saw Ross passing out fliers for the neo-Nazi National Alliance.
Rooting out extremists is difficult because racism pervades the military, according to soldiers. They say troops throughout the Middle East use derogatory terms like “hajji” or “sand nigger” to define Arab insurgents and often the Arab population itself.
“Racism was rampant,” recalls vet Michael Prysner, who served in Iraq in 2003 and 2004 as part of the 173rd Airborne Brigade. “All of command, everywhere, it was completely ingrained in the consciousness of every soldier. I’ve heard top generals refer to the Iraq people as ‘hajjis.’ The anti-Arab racism came from the brass. It came from the top. And everything was justified because they weren’t considered people.”
Another vet, Michael Totten, who served in Iraq with the 101st Airborne in 2003 and 2004, says, “It wouldn’t stand out if you said ‘sand niggers,’ even if you aren’t a neo-Nazi.” Totten says his perspective has changed in the intervening years, but “at the time, I used the words ‘sand nigger.’ I didn’t consider ‘hajji’ to be derogatory.”
Geoffrey Millard, an organizer for Iraq Veterans Against the War, served in Iraq for 13 months, beginning in 2004, as part of the 42nd Infantry Division. He recalls Gen. George Casey, who served as the commander in Iraq from 2004 to 2007, addressing a briefing he attended in the summer of 2005 at Forward Operating Base, outside Tikrit. “As he walked past, he was talking about some incident that had just happened, and he was talking about how ‘these stupid fucking hajjis couldn’t figure shit out.’ And I’m just like, Are you kidding me? This is Gen. Casey, the highest-ranking guy in Iraq, referring to the Iraqi people as ‘fucking hajjis.’” (A spokesperson for Casey, now the Army Chief of Staff, said the general “did not make this statement.”)
“The military is attractive to white supremacists,” Millard says, “because the war itself is racist.”
The U.S. Senate Committee on the Armed Forces has long been considered one of Congress’ most powerful groups. It governs legislation affecting the Pentagon, defense budget, military strategies and operations. Today it is led by the influential Sens. Carl Levin and John McCain. An investigation by the committee into how white supremacists permeate the military in plain violation of U.S. law could result in substantive changes. I contacted the committee but staffers would not agree to be interviewed. Instead, a spokesperson responded that white supremacy in the military has never arisen as a concern. In an e-mail, the spokesperson said, “The Committee doesn’t have any information that would indicate this is a particular problem.”
When I was growing up, I ate books for breakfast, lunch and dinner, and since I was constantly running out of reading material, I read everyone else’s — which for a girl with older brothers meant science fiction. The books were supposed to be about the future, but they always turned out to be very much about this very moment.
Some of them — Robert Heinlein’s “Stranger in a Strange Land” — were comically of their time: that novel’s vision of the good life seemed to owe an awful lot to the Playboy Mansion in its prime, only with telepathy and being nice added in. Frank Herbert’s “Dune” had similarly sixties social mores, but its vision of an intergalactic world of disciplined desert jihadis and a great game for the substance that made all long-distance transit possible is even more relevant now. Think: drug cartels meet the oil industry in the deep desert.
We now live in a world that is wilder than a lot of science fiction from my youth. My phone is 58 times faster than IBM’s fastest mainframe computer in 1964 (calculates my older brother Steve) and more powerful than the computers on the Apollo spaceship we landed on the moon in 1969 (adds my nephew Jason). Though we never got the promised jetpacks and the Martians were a bust, we do live in a time when genetic engineers use jellyfish genes to make mammals glow in the dark and nerds in southern Nevada kill people in Pakistan and Afghanistan with unmanned drones. Anyone who time-traveled from the sixties would be astonished by our age, for its wonders and its horrors and its profound social changes. But science fiction is about the present more than the future, and we do have a new science fiction trilogy that’s perfect for this very moment.
Sacrificing the Young in the Arenas of Capital
“The Hunger Games,” Suzanne Collins’s bestselling young-adult novel and top-grossing blockbuster movie, is all about this very moment in so many ways. For those of you hiding out deep in the woods, it’s set in a dystopian future North America, a continent divided into downtrodden, fearful districts ruled by a decadent, luxurious oligarchy in the Capitol. Supposedly to punish the districts for an uprising 74 years ago, but really to provide Roman-style blood and circuses to intimidate and distract, the Capitol requires each district to provide two adolescent Tributes, drawn by lottery each year, to compete in the gladiatorial Hunger Games broadcast across the nation.
That these 24 youths battle each other to the death with one lone victor allowed to survive makes it like — and yet not exactly like — high school, that concentration camp for angst and competition into which we force our young. After all, even such real-life situations can be fatal: witness the gay Iowa teen who took his life only a few weeks ago after being outed and taunted by his peers, not to speak of the epidemic of other suicides by queer teens that Dan Savage’s “It Gets Better” website, film and books aspire to reduce.
But really, in this moment, the cruelty of teens to teens is far from the most atrocious thing in the land. “The Hunger Games” reminds us of that. Its Capitol is, of course, the land of the 1 percent, a sort of amalgamation of Fashion Week, Versailles and the KGB/CIA. Collins’s timely trilogy makes it clear that the 1 percent, having created a system of deeply embedded cruelty, should go, something highlighted by the surly defiance of heroine Katniss Everdeen — Annie Oakley, Tank Girl and Robin Hood all rolled into one – who refuses to be disposed of.
Now, in our world, gladiatorial entertainment and the disposability of the young are mostly separate things (except in football, boxing, hockey and other contact sports that regularly result in brain damage and sometimes even in death). But while the Capitol is portrayed as brutal for annually sacrificing 23 teenagers from the Districts, what about our own Capitol in the District of Columbia? It has a war or two on, if you hadn’t noticed.
In Iraq, 4,486 mostly young Americans died. If you want to count Iraqis (which you should indeed want to do), the deaths of babies, children, grandmothers, young men and others total more than 106,000 by the most conservative count, hundreds of thousands by others. Even the lowest numbers represent enough kill to fill nearly 5,000 years of Hunger Games.
Then, of course, there are thousands more Americans who were so grievously wounded they might have died in previous conflicts, but are now surviving with severe brain damage, multiple missing limbs, or other profound mutilations. And don’t forget the trauma and mental illness that mostly goes unacknowledged and untreated or the far more devastating Iraqi version of the same. And never mind Afghanistan, with its own grim numbers and horrific consequences.
Our wartime carnage has been on a grand scale, but it hasn’t been on television in any meaningful way; it’s generally been semi-hidden by most of the American media and the government, which censored images of returning coffins, corpses, civilian casualties and anything else uncomfortable (though in our science-fiction era when every phone is potentially a video camera, the leakage has still been colossal). Most of us did a good job of being distracted by other things — including reality TV, of course. The U.S. Ambassador and military commander in Afghanistan were furious not that our soldiers struck jokey poses with severed limbs, but that the Los Angeles Times dared to publish them last month. And those whistleblowers who took the effort to reveal the little men behind the throne are facing severe punishment. Witness one Hunger-Games-style hero, Bradley Manning, the slight young soldier turned alleged leaker, long held in inhumane conditions and now facing a potential life sentence.
The Return of Debt Peonage
In “The Hunger Games,” kids in poor families take out extra chances in their District lottery — that is, extra chances to die — in return for extra food rations; in ours, poor kids enlist in the military to feed their families and maybe escape economic doom. Many are seduced by military recruiters who stalk them in high school with promises as slippery as those the slave trade uses to recruit poor young women for sex work abroad.
And then there’s another form of debt peonage that is far more widespread in our strange and ever-changing land: student loans. The young are constantly told that only a college education can give them a decent future. Then they’re told that, to pay for it, they need to go into debt — usually into five figures, sometimes well into six. And these debts are, in turn, governed by special laws that don’t allow you to declare bankruptcy — no matter what. In other words, they are guaranteed to follow you all your life.
One of my close friends wept when her husband began to earn enough money to pay off her $45,000 loan, structured so that it looked like she would continue to pay interest on it for the rest of her life; not so dissimilar, that is, from the debts sharecroppers and workers in company towns used to incur.
In other words, we’re creating a new generation of debt peonage. And she’s not the worst case by far. Early in the Occupy Wall Street moment, she told me, someone arrived at Zuccotti Park in downtown Manhattan with markers and cardboard on which participants were to write their debt. What shocked her was how many of the occupiers in their early twenties were already carrying huge debt burdens.
According to the website for Occupy Student Debt, 36,000,000 Americans have student debts. These have increased more than fivefold since 1999, creating a debt load that’s approaching a trillion dollars, with students borrowing $96 billion more every year to pay for their educations. Two-thirds of college students find themselves in this trap nowadays. As commentator Malcolm Harris put it in N + 1 magazine:
Since 1978, the price of tuition at U.S. colleges has increased over 900 percent, 650 points above inflation. To put that number in perspective, housing prices, the bubble that nearly burst the U.S. economy, then the global one, increased only fifty points above the Consumer Price Index during those years. But… wages for college-educated workers outside of the inflated finance industry have stagnated or diminished. Unemployment has hit recent graduates especially hard, nearly doubling in the post-2007 recession. The result is that the most indebted generation in history is without the dependable jobs it needs to escape debt.
About a third are already in default. You can only hope that this bubble will burst in a wildcat strike against student debt, and if we’re lucky, a move to force tuition lower and have a debt jubilee.
The rest of us, the 99 percent, need to remember that, when it comes to public education, the crisis has everything to do with slashed tax rates — to the wealthy and corporations in particular — over the last 30 years. We went into bondage so that they might be free. Getting an education to make your way out of poverty and maybe expand your mind is becoming another way of being trapped forever in poverty. For too many, there’s no way out of the hunger labyrinth.
The Labyrinths of Poverty
Which brings us to the hungriest in our 2012 real-life version of the Hunger Games: the poor. The wealthiest and most powerful nation the world has ever seen is full of hungry people. You know it, and you know why. In this vast, bountiful, food-producing, food-wasting nation, it’s a crisis of distribution, also known as economic inequality, described at last with clarity and force by the Occupy movement.
One of the sad and moving spectacles of camps like Occupy Oakland last year was the way they became de facto soup kitchens as the homeless and hungry came out of the shadows for the chance at a decent meal. Some of the camps had really dedicated chefs who cooked superbly. They also had rudimentary medical clinics where the poor received the healthcare they couldn’t get anywhere else.
We are in a new era of desperation, when lots of people who were getting by these last several decades aren’t anymore. There are no jobs, or the jobs available pay so abysmally that workers can barely survive on them.
Of course, we do have one arena in which meals are guaranteed, and the population there keeps growing. Six million Americans live there, and it often does get gladiatorial inside. It’s called prison, and we have the highest percentage of prisoners per population in the world, higher than in the U.S.SR gulags under Stalin. Half of them are there for drug offenses, 80 percent of those for simple possession.
Which, as I’m sure you’ve noticed, hasn’t stopped the flow of drugs meant to numb the pain we’re so good at creating here. We should create a measure for Gross National Suffering (GNS) before we even think about the Gross National Happiness they measure in Bhutan.
And once our prisoners get out, they’re a stigmatized caste, uniquely ill-suited to survival in this economy — speaking of hunger, debt, poverty, being branded for life and hopelessness. Like universities, prisons are profitable industries, though not for the human beings who are the raw material they process. In this age, both systems seem increasingly like so many factories.
In the Shadow of 900 Tornados
But if you want to think about all the ways we’re dooming the young, there’s one that puts the others in the shade, a form of destruction that includes not just American youth, or human youth, but all species everywhere, from coral reefs to caribou. That’s climate change, of course.
Our failure to do anything adequate about it has rocketed us into the science-fiction world Bill McKibben so eloquently warned us about in his 2010 book “Eaarth.” His argument is that we’ve so altered the planet we live on that we might as well have landed on a new one (with an extra “a” in its name), more turbulent and far less hospitable than the beautiful Holocene one we trashed.
There were 160 tornados reported on March 2nd of this year. Remember that, in April of 2011, 900 tornadoes were ripping up interior United States, and this April was similarly volatile. Remember the unprecedented wildfires, the catastrophic floods, the heat waves, the bizarrely hot North American January and other oddities? That’s science fiction of the scariest sort, and we’re in it. Or on it, on the crazy new planet we’ve made ourselves. Here in the U.S.A sector of Eaarth in the year 2012, 15,000 high-temperature records were broken in March alone, and summer is yet to come. A town in north-central Texas hit 111 degrees — in April! What turbulent planet is this?
One grain of good news: a lot of us, even in this country, finally seem to be of aware of the strangeness of the planet we’re now on. As the New York Times reported, a new survey “shows that a large majority of Americans believe that this year’s unusually warm winter, last year’s blistering summer, and some other weather disasters were probably made worse by global warming. And by a 2-to-1 margin, the public says the weather has been getting worse, rather than better, in recent years.”
If you want to talk about hunger, talk about the unprecedented flooding that’s turned Pakistan from one of the world’s breadbaskets into a net food-importing nation, with dire consequences for the agricultural poor. Talk about China’s many impending ecological disasters, its degraded soil, contaminated air and water, its many systems ready to collapse. There’s more disruption of food production to come, a lot more, and lots more hunger, too.
Around this point in science fiction books and even history books, a revolution seems necessary. The good news I have for you this May Day is that it’s underway.
Revolution 2012
2011 was the year of strange weather, but it was also the year of global uprisings, and they’re far from over. They erupted in Russia, Israel, Spain, Greece, Britain, much of the Arab-speaking world, parts of Africa and Chile, among other spots in Latin America (some of which got their revolutions underway earlier in the millennium). Uprisings have blossomed even in what the rest of the hungry world sees as the elite Capitol, the United States and much of the English-speaking world, from London to New Zealand.
Remember that revolution doesn’t look much like revolution used to. That might be the most retrograde aspect of the very violent “Hunger Games” trilogy, the way in which the author’s imagination travels along conventional or old-fashioned lines. There, violence is truly the arbitrator of power, along with cunning, whether in the ways the teenagers survive in the gladiatorial arena or the Capitol, or how both sides operate in conflicts between the Districts and the Capitol. In our own world, the state is very good at violence, whether in its wars overseas or in pepper-spraying and clubbing young demonstrators. You’ll notice, however, that neither the Iraqis, nor the Afghanis, nor the Occupiers were subjugated by these means.
Violence is not power, as Jonathan Schell makes strikingly clear in “The Unconquerable World,” it’s what the state uses when we are not otherwise under control. In addition, when we speak of “nonviolence” as an alternative to violence, we can’t help but underestimate our own power. That word, unfortunately, sounds like it’s describing an absence, a polite refraining from action, when what’s at stake — as demonstrators around the world proved last year — is a force to be reckoned with; so call it “people power” instead.
When we come together as civil society to exercise this power, regimes tremble and history is made. Not instantly and not exactly according to plan, but who ever expected that?
Still, many regimes have been toppled by this power, and the capacity to do so is ours in the present. As Erica Chenoweth and Maria Stephan point out in their recent “Why Civil Resistance Works: The Strategic Logic of Nonviolent Conflict“, since 1900 people-power campaigns have been successful in achieving regime change more than twice as often as violent campaigns.
It’s May Day, a worldwide General Strike has been called, and last week tiny Occupy Norman (Oklahoma) announced that it “had won a major battle”: their city is moving all its money out of Bank of America into a local bank. Last fall’s Move Your Money campaign included city money from the outset and quiet victories like this could begin to reshape our economic landscape. Activism in the streets is so intimidating that next month’s G8 Summit scheduled for Chicago will hole up at Camp David instead.
Meanwhile last week, both the Wells Fargo and General Electric shareholders’ meetings were under siege from Occupy activists. The Wells Fargo meeting and protests took place in San Francisco, and afterward an arrested friend of mine posted this on Facebook: “I forgot to mention that Max gave me the Hunger Games salute in jail today. It was awesome.”
In this way do fiction and reality meld in misery and triumph as, this very day, janitors in California go out on strike and even Golden Gate Bridge workers will be protesting. May Day actions are planned across the globe.
Still alive and kicking, Occupy is chipping away in a thousand places at the status quo. 350.org, the little organization that defeated the Keystone XL Pipeline (so far), is holding a global Climate Impacts Day on May 5th and plans to take on the petroleum industry in its next round of actions.
Of course, this is only a beginning, and the banking and oil companies, the 1 percent, and the prison and education rackets are more than capable of pushing back. So we need one more tool in our arsenal, and that’s a picture of what we want, of what a better world looks like. McKibben’s “Eaarth” and “Deep Economy” offer such a picture, as does William Morris’s “News from Nowhere,” even 120-odd years later, but we won’t get that from “The Hunger Games,” which, for all its thrilling, subversive and surly delights, is all dystopia all the way home. We may still get it, however, on our stranger-than-fiction planet.
May Day is a day of liberation — a day to be seized and celebrated, a day to remember who was shot down on it and who fought for it. It’s a day to join those who fought and fight for liberation, to imagine what its most delicious and profound possibilities might look like.
So skip work, flip a bird at the Capitol, commit your deepest love and solidarity to the young whose lives are being gambled away, feed the hungry, take a long look at how beautiful our planet still is, find your way into solidarity and people power, and dream big about other futures. Resistance is one of your obligations, but it’s also a pleasure and a way of stealing back hope.
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Anyone who would like to witness a vivid example of modern warfare that adheres to the laws of war — that corpus of regulations developed painstakingly over centuries by jurists, humanitarians, and soldiers, a body of rules that is now an essential, institutionalized part of the U.S. armed forces and indeed all modern militaries — should simply click here and watch the video.
Wait a minute: that’s the WikiLeaks “Collateral Murder” video! The gunsight view of an Apache helicopter opening fire from half a mile high on a crowd of Iraqis — a few armed men, but mostly unarmed civilians, including a couple of Reuters employees — as they unsuspectingly walked the streets of a Baghdad suburb one July day in 2007.
Watch, if you can bear it, as the helicopter crew blows people away, killing at least a dozen of them, and taking good care to wipe out the wounded as they try to crawl to safety. (You can also hear the helicopter crew making wisecracks throughout.) When a van comes on the scene to tend to the survivors, the Apache gunship opens fire on it too, killing a few more and wounding two small children.
The slaughter captured in this short film, the most virally sensational of WikiLeaks’ disclosures, was widely condemned as an atrocity worldwide, and many pundits quickly labeled it a “war crime” for good measure.
But was this massacre really a “war crime” — or just plain-old regular war? The question is anything but a word-game. It is, in fact, far from clear that this act, though plainly atrocious and horrific, was a violation of the laws of war. Some have argued that the slaughter, if legal, was therefore justified and, though certainly unfortunate, no big deal. But it is possible to draw a starkly different conclusion: that the “legality” of this act is an indictment of the laws of war as we know them.
The reaction of professional humanitarians to the gun-sight video was muted, to say the least. The big three human rights organizations — Human Rights Watch (HRW), Amnesty International, and Human Rights First — responded not with position papers and furious press releases but with silence. HRW omitted any mention of it in its report on human rights and war crimes in Iraq, published nearly a year after the video’s release. Amnesty also kept mum. Gabor Rona, legal director of Human Rights First, told me there wasn’t enough evidence to ascertain whether the laws of war had been violated, and that his organization had no Freedom of Information Act requests underway to uncover new evidence on the matter.
This collective non-response, it should be stressed, is not because these humanitarian groups, which do much valuable work, are cowardly or “sell-outs.” The reason is: all three human rights groups, like human rights doctrine itself, are primarily concerned with questions of legality. And quite simply, as atrocious as the event was, there was no clear violation of the laws of war to provide a toehold for the professional humanitarians.
The human rights industry is hardly alone in finding the event disturbing but in conformance with the laws of war. As Professor Gary Solis, a leading expert and author of a standard text on those laws, told Scott Horton of Harper’s Magazine, “I believe it unlikely that a neutral and detached investigator would conclude that the helicopter personnel violated the laws of armed conflict. Legal guilt does not always accompany innocent death.” It bears noting that Gary Solis is no neocon ultra. A scholar who has taught at the London School of Economics and Georgetown, he is the author of a standard textbook on the subject, and was an unflinching critic of the Bush-Cheney administration.
War and International “Humanitarian” Law
“International humanitarian law,” or IHL, is the trying-too-hard euphemism for the laws of war. And as it happens, IHL turns out to be less concerned with restraining military violence than licensing it. As applied to America’s recent wars, this body of law turns out to be wonderfully accommodating when it comes to the prerogatives of an occupying army.
Here’s another recent example of a wartime atrocity that is perfectly legal and not a war crime at all. Thanks to WikiLeaks’ Iraq War Logs, we now know about the commonplace torture practices employed by Iraqi jailers and interrogators during our invasion and occupation of that country. We have clear U.S. military documentation of sexual torture, of amputated fingers and limbs, of beatings so severe they regularly resulted in death.
Surely standing by and taking careful notes while the Iraqi people you have supposedly liberated from tyranny are getting tortured, sometimes to death, is a violation of the laws of war. After all, in 2005 General Peter Pace, then Chairman of the Joint Chiefs of Staff, publicly contradicted his boss Secretary of Defense Donald Rumsfeld by commenting into a live mike that it is “absolutely the responsibility of every American soldier to stop torture whenever and wherever they see it.” (A young private working in Army Intelligence named Bradley Manning, learning that a group of Iraqi civilians handing out pamphlets alleging government corruption had been detained by the Iraqi federal police, raised his concern with his commanding officer about their possible torture. He was reportedly told him to shut up and get back to work helping the authorities find more detainees.)
As it turned out, General Pace’s exhortation was at odds with both official policy and law: Fragmentary Order 242, issued by Donald Rumsfeld’s Pentagon, made it official policy for occupying U.S. troops not to interfere with ongoing Iraqi torture. And this, according to some experts, is no violation of the laws of war either. Prolix on the limits imposed on the acts of non-state fighters who are not part of modern armies, the Geneva Conventions are remarkably reticent on the duties of occupying armies.
As Gary Solis pointed out to me, Common Article 1 of the Fourth Geneva Convention assigns only a vague obligation to “ensure respect” for prisoners handed over to a third party. On the ground in either Iraq or Afghanistan, this string of words would prove a less-than-meaningful constraint.
Part of the problem is that the laws of war that aspire to restrain deadly force are often weakly enforced and routinely violated. Ethan McCord, the American soldier who saved the two wounded children from that van in the helicopter video, remembers one set of instructions he received from his battalion commander: “Anytime your convoy gets hit by an IED, I want 360 degree rotational fire. You kill every [expletive] in the street!” (“That order,” David Glazier, a jurist at the National Institute for Military Justice, told me, “is absolutely a war crime.”) In other words, the rules of engagement that are supposed to constrain occupying troops in places like Afghanistan and Iraq are, according to many scholars and investigators, often belittled and ignored.
Legalized Atrocity
The real problem with the laws of war, however, is not what they fail to restrain but what they authorize. The primary function of International Humanitarian Law is to legalize remarkable levels of “good” military violence that regularly kill and injure non-combatants. IHL highlights a handful of key principles: the distinction between combatant and civilian, the obligation to use force only for military necessity, and the duty to jeopardize civilians only in proportion to the military value of a target.
Even when these principles are applied conscientiously — and often they aren’t — they still allow for remarkable levels of civilian carnage, which the Pentagon has long primly (and conveniently) referred to as “collateral damage,” as if it were a sad sideline in the prosecution of war. And yet civilian deaths in modern war regularly are the central aspect of those wars, both statistically and in other ways. Far from being universally proscribed, the killing of high numbers of civilians in a battle zone is often considered absolutely legal under those laws. In the pungent phrase of Professor David Kennedy of Harvard Law School, “We should be clear — this bold new vocabulary beats ploughshares into swords as often as the reverse.”
The relative weakness of the laws of war when it comes to preventing atrocities is not simply some recent debasement perpetrated by neoconservative Visigoths. Privileging the combatant and his (it’s usually “his”) prerogatives has been the historical bone marrow of those laws. In the Vietnam War, for instance, the declaration of significant parts of the South Vietnamese countryside as “free-fire zones,” and the “carpet bombing” of rural areas by B-52s carrying massive payloads were also done under cover of the laws of war.
IHL has certainly changed in some respects. A century ago, the discourse around the laws of war was far more candid than today. Jurists once regularly referred to “non-uniformed unprivileged combatants” simply as “savages” and the consensus view in mainstream scholarly journals of international law was that a modern army could do whatever it wanted to such obstreperous, lawless people (especially, of course, in what was still then the colonial world). On the whole, the history of IHL is a long record of codifying the privileges of the powerful against lesser threats like civilians and colonial subjects resisting invasion.
Even though the laws of war have usually been one more weapon of the strong against the weak, a great deal of their particular brand of legalism has seeped into antiwar discourse. One of the key talking points for many arguing against the invasion of Iraq was that it was illegal — and that was certainly true. But was the failure to procure a permission slip from the United Nations really the main problem with this calamitous act of violence? Would U.N. authorization really have redeemed any of it? There is also a growing faith that war can be domesticated under a relatively new rubric, “humanitarian intervention,” which purports to apply military violence in precise and therapeutic dosages, all strictly governed by international humanitarian law.
Here is where the WikiLeaks disclosures were so revealing. They remind us, once again, that the humanitarian dream of “clean warfare” — military violence that is smoothly regulated by laws that spare civilians — is usually a sick joke. We need to wean ourselves from the false comfort that the law is always on the side of civilians. We need to scrap our tendency to assume that international law is inherently virtuous, and that anything that shocks our conscience — that helicopter video or widespread torture in Iraq under the noses of U.S. soldiers — must be a violation of this system, rather than its logical and predictable consequence.
Let’s be clear: what killed the civilians walking the streets of Baghdad that day in 2007 was not “war crimes,” but war. And that holds for so many thousands of other Afghan and Iraqi civilians killed by drone strikes, air strikes, night raids, convoys, and nervous checkpoint guards as well.
Regulatory Capture
Who, after all, writes the laws of war? Just as the regulations that govern the pharmaceutical and airline industries are often gamed by large corporations with their phalanxes of lobbyists, the laws of war are also vulnerable to “regulatory capture” by the great powers under their supposed rule. Keep in mind, for instance, that the Pentagon employs 10,000 lawyers and that its junior partner in foreign policy making, the State Department, has a few hundred more. Should we be surprised if in-house lawyers can sort out “legal” ways not to let those laws of war get in the way of the global ambitions of a superpower?
It’s only fair that the last words on the laws of war go to Private Bradley Manning, now sitting in a prison cell in Ft. Leavenworth, Kansas, awaiting court-martial for allegedly passing troves of classified material to WikiLeaks, documents that offer the unvarnished truth about the Afghan War, the Iraq War, and Guantánamo. They are taken from the instant-message chatlogs he wrote under the handle of “bradass87” to the informant who turned him in. The young private saw very clearly what so many professors and generals take pains to deny: that the primary function of the laws of war is not to restrain violence, but to justify it, often with the greatest lawyerly ingenuity.
(02:27:47 PM) bradass87: i mean, we’re better in some respects… we’re much more subtle… use a lot more words and legal techniques to legitimize everything…
(02:28:19 PM) bradass87: but just because something is more subtle, doesn’t make it right
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People ask the question in various ways, sometimes hesitantly, often via a long digression, but my answer is always the same: no regrets.
In some 24 years of government service, I experienced my share of dissonance when it came to what was said in public and what the government did behind the public’s back. In most cases, the gap was filled with scared little men and women, and what was left unsaid just hid the mistakes and flaws of those anonymous functionaries.
What I saw while serving the State Department at a forward operating base in Iraq was, however, different. There, the space between what we were doing (the eye-watering waste and mismanagement), and what we were saying (the endless claims of success and progress), was filled with numb soldiers and devastated Iraqis, not scaredy-cat bureaucrats.
That was too much for even a well-seasoned cubicle warrior like me to ignore and so I wrote a book about it, “We Meant Well: How I Helped Lose the War for the Hearts and Minds of the Iraqi People.” I was on the spot to see it all happen, leading two Provincial Reconstruction Teams (PRTs) in rural Iraq while taking part up close and personal in what the U.S. government was doing to, not for, Iraqis. Originally, I imagined that my book’s subtitle would be “Lessons for Afghanistan,” since I was hoping the same mistakes would not be endlessly repeated there. Sometimes being right doesn’t solve a damn thing.
By the time I arrived in Iraq in 2009, I hardly expected to be welcomed as a liberator or greeted — as the officials who launched the invasion of that country expected back in 2003 — with a parade and flowers. But I never imagined Iraq for quite the American disaster it was either. Nor did I expect to be welcomed back by my employer, the State Department, as a hero in return for my book of loony stories and poignant moments that summed up how the United States wasted more than $44 billion in the reconstruction/deconstruction of Iraq. But I never imagined that State would retaliate against me.
In return for my book, a truthful account of my year in Iraq, my security clearance was taken away, I was sent home to sit on my hands for months, then temporarily allowed to return only as a disenfranchised teleworker and, as I write this, am drifting through the final steps toward termination.
What We Left Behind in Iraq
Sadly enough, in the almost two years since I left Iraq, little has happened that challenges my belief that we failed in the reconstruction and, through that failure, lost the war.
The Iraq of today is an extension of the Iraq I saw and described. The recent Arab League summit in Baghdad, hailed by some as a watershed event, was little more than a stage-managed wrinkle in that timeline, a lot like all those purple-fingered elections the U.S. sponsored in Iraq throughout the Occupation. If you deploy enough police and soldiers — for the summit, Baghdad was shut down for a week, the cell phone network turned off, and a “public holiday” proclaimed to keep the streets free of humanity — you can temporarily tame any place, at least within camera view. More than $500 million was spent, in part planting flowers along the route dignitaries took in and out of the heavily fortified International Zone at the heart of the capital (known in my day as the Green Zone). Somebody in Iraq must have googled “Potemkin Village.”
Beyond the temporary showmanship, the Iraq we created via our war is a mean place, unsafe and unstable. Of course, life goes on there (with the usual lack of electricity and potable water), but as the news shows, to an angry symphony of suicide bombers and targeted killings. While the American public may have changed the channel to more exciting shows in Libya, now Syria, or maybe just to “American Idol,” the Iraqi people are trapped in amber, replaying the scenes I saw in 2009-2010, living reminders of all the good we failed to do.
Ties between Iraq and Iran continue to strengthen, however, with Baghdad serving as a money-laundering stopover for a Tehran facing tightening U.S. and European sanctions, even as it sells electricity to Iraq. (That failed reconstruction program again!) Indeed, with Iran now able to meddle in Iraq in ways it couldn’t have when Saddam Hussein was in power, that country will be more capable of contesting U.S. hegemony in the region.
Given what we left behind in Iraq, it remains beyond anyone, even the nasty men who started the war in 2003, to claim victory or accomplishment or achievement there, and except for the odd pundit seeking to rile his audience, none do.
What We Left Behind at Home
The other story that played out over the months since I returned from Iraq is my own. Though the State Department officially cleared “We Meant Well” for publication in October 2010, it began an investigation of me a month before the book hit store shelves. That investigation was completed way back in December 2011, though State took no action at that time to terminate me.
I filed a complaint as a whistleblower with the Office of the Special Counsel (OSC) in January 2012. It was only after that complaint — alleging retaliation — was filed, and just days before the OSC was to deliver its document discovery request to State, that my long-time employer finally moved to fire me. Timing is everything in love, war, and bureaucracy.
The charges it leveled are ridiculous (including “lack of candor,” as if perhaps too much candor was not the root problem here). State was evidently using my case to show off its authority over its employees by creating a parody of justice, and then enforcing it to demonstrate that, well, when it comes to stomping on dissent, anything goes.
My case also illustrates the crude use of “national security” as a tool within government to silence dissent. State’s Diplomatic Security office, its internal Stasi, monitored my home email and web usage for months, used computer forensics to spelunk for something naughty in my online world, placed me on a Secret Service Threat Watch list, examined my finances, and used hacker tools to vacuum up my droppings around the web — all, by the way, at an unknown cost to the taxpayers. Diplomatic Security even sent an agent around to interview my neighbors, fishing for something to use against me in a full-spectrum deep dive into my life, using the new tools and power available to government not to stop terrorists, but to stop me.
As our government accumulates ever more of what it thinks the American people have no right to know about, there will only be increasing persecutions as prosecutions. Many of the illegal things President Richard Nixon did to the famous Pentagon Papers whistleblower Daniel Ellsberg are now both legal (under the Patriot Act) and far easier to accomplish with new technologies. There is no need, for instance, to break into my psychiatrist’s office looking for dirt, as happened to Ellsberg; after all, the National Security Agency can break into my doctor’s electronic records as easily as you can read this page.
With its aggressive and sadly careless use of the draconian Espionage Act to imprison whistleblowers, the Obama administration has, in many cases, moved beyond harassment and intimidation into actually wielding the beautiful tools of justice in a perverse way to silence dissent. More benign in practice, in theory this is little different than the Soviets executing dissidents as spies after show trials or the Chinese using their courts to legally confine thinkers they disapprove of in mental institutions. They are all just following regulations. Turn the volume up from six to ten and you’ve jumped from vengeance to totalitarianism. We’re becoming East Germany.
What I Left Behind
There has been a personal price to pay for my free speech. In my old office, after my book was published in September 2011, some snarky coworkers set up a pool to guess when I would be fired — before or after that November. I put $20 down on the long end. After all, if I couldn’t be optimistic about keeping my job, who could?
One day in October, security hustled me out of that office, and though I wasn’t fired by that November and so won the bet, I was never able to collect. Most of those in the betting pool now shun me, fearful for their own fragile careers at State.
I’ve ended up talking, usually at night, with a few of the soldiers I worked with in Iraq. Some are at the end of a long Skype connection in Afghanistan, others have left the military or are stationed stateside. Most of them share my anger and bitterness, generally feeling used and unwanted now that they need a job rather than rote praise and the promise of a parade.
“We Meant Well” is, I think, pretty funny in parts. I recall writing it as an almost out-of-body experience as I tried to approach the sadness and absurdity of what was happening in Iraq with a sense of irony and black humor. That’s long gone, and if I were to write the story today, the saddest thing is that it would undoubtedly come out angry and bitter, too.
A Member of a Club That Would Have Me
Having left behind friends I turned out not to have, a career that dissolved beneath me, and a sense of humor I’d like to rediscover, I find myself a member of a new club I don’t even remember applying for: The Whistleblowers. I’ve now met with several of the whistleblowers I’ve written about with admiration: Tom Drake, Mo Davis, John Kiriakou and Robert MacLean, among others.
As ex- or soon-to-be-ex-government employees all, when we meet, we make small talk about retirement, annuities and the like. No one speaks of revolution or anarchy, the image of us the government often surreptitiously pushes to the media. After all, until we blew those whistles, we were all in our own ways believers in the American system. That, in fact, is why we did what we did.
My new club-mates represent hundreds of years of service — a couple of them had had long military careers before joining the civilian side of government — and we cover a remarkably broad swath of the American political spectrum. What we really have in common is that, in the course of just doing our jobs, we stumbled into colossal government wrongdoing (systematized torture, warrantless wiretapping, fraud and waste), stood up for what is right in the American spirit, and found ourselves paying surprising personal prices for acts that seemed obvious and necessary. We are guilty of naiveté, not treason.
Each of us initially thought that the agencies we worked for would be concerned about what we had stumbled upon or uncovered and would want to work with us to resolve it. If most of us are now disillusioned, we weren’t at the outset. Only by the force of events did we become transformed into opponents of an out-of-control government with no tolerance for those who would expose the truth necessary to create Thomas Jefferson’s informed citizenry. In meeting my club-mates, I learned that whistleblowers are not born, but created by a government with much to hide and an unquenchable need to hide it.
One of those whistleblowers, Jesselyn Radack, wrote a book about her experiences called “Traitor: The Whistleblower and the American Taliban.” At the dawn of the War on Terror, Radack, an attorney at the Department of Justice (DOJ), wrote a memo stating that John Walker Lindh, the “American Taliban” captured in Afghanistan, had rights and could not be interrogated without the benefit of counsel.
The FBI went ahead and questioned him anyway, and then DOJ tried to disappear Radack’s emails documenting this Constitutional violation. Ignoring her advice, the government tossed away the rights of one of its own citizens. Radack herself was subsequently forced out the DOJ, harassed, and had to fight simply to keep her law license.
As proof that God does indeed enjoy irony, Radack today helps represent most of the current crop of government whistleblowers (including me) in their struggles against the government she once served. Radack and I are now working with Academy Award-nominated filmmaker James Spione on a documentary about whistleblowers.
What Will Be Left Behind
So what’s left for me in my final days as a grounded State Department worker assigned to timeout in my own home? Given my situation, there is, of course, no desk to clean out; there are no knickknacks collected abroad over my 24 years to package up. All that’s left is one last test to see if the system, especially the First Amendment guaranteeing us the right to free speech, still has a heartbeat in 2012.
Though I could be terminated by State within a few weeks, I am otherwise only months away from a semi-voluntary retirement. Since I’m obviously out the door anyway, State’s decision to employ its internal security tools and expensive, taxpayer-paid legal maneuvers at this late date can’t really be about shortening my tenure by a meager four months. Instead, it’s clearly about mounting my head on a pike inside the lobby of State’s Foggy Bottom headquarters as a warning to its other employees not to dissent, or mention wrongdoing they might stumble across. Better, so the message goes, to sip the Kool Aid and keep one’s head down, while praising the courage of Chinese dissidents and Egyptian bloggers. The State Department is all about wanting its words, not its actions, to speak loudest.
Running parallel to the State Department termination process is an investigation by the Office of the Special Counsel into my claim of retaliation, which State is seeking to circumvent by tossing me out the door ahead of its conclusion. State wants to use my fate to send a message to its already cowed staff. However, if the Special Counsel concludes that the State Department did retaliate against me, then the message delivered will be quite a different one. It just might indicate that the First Amendment still does reach ever so slightly into the halls of government, and maybe the next responsible Foreign Service Officer will carry that forward a bit further, which would be good for our democracy.
One way or another, sometime soon the door will smack me in the backside on my way out. But whether the echo left behind inside the State Department will be one of justice or bureaucratic revenge remains undecided. My book is written and my career is over either way. However, what is left behind matters not just for me, but for all of us.
[Disclaimer: The views expressed here are solely those of the author in his private capacity and do not in any way represent the views of the Department of State, or any other entity of the U.S. Government. It should be quite obvious that the Department of State has not approved, endorsed, embraced, friended, liked, tweeted or authorized this post.]
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White supremacist James Douglas Ross was a military intelligence officer in Iraq. 
U.S. Army soldiers respond after a suicide attack on the US..-led provincial reconstruction team (PRT) compound in the Behsood district of Jalalabad, east of Kabul Afghanistan, on Sunday, April 15, 15 2012. (Credit: AP Phot/Rahmat Gul) 
Dick Cheney, left, and Elliott Abrams (Credit: AP/Pablo Martinez Monsivais) 
Still of Namir Noor-Eldeen, a 22-year-old war photographer, from WikiLeaks' Collateral Murder video 
A man, left, inspects his destroyed vehicle at the scene of a car bomb attack in Ramadi, 70 miles (115 kilometers) west of Baghdad, Iraq, Tuesday, March 20, 2012. Officials say attacks across Iraq have killed and wounded scores of people in a spate of violence that was dreaded in the days before Baghdad hosts the Arab world's top leaders. (AP Photo) (Credit: AP) 
The late Anthony Shadid 
