(updated below – Update II [Mon.])
The U.S. has long had Iran virtually encircled as a result of the American occupation of Afghanistan on Iran’s Eastern border, its invasion of Iraq on its Western border, its NATO ally Turkey hovering on Iran’s Northwestern border, some degree of military relationship with Turkmenistan on Iran’s Northeastern border, and multiple U.S. client states sitting right across the Persian Gulf (Kuwait, Saudi Arabia, the UAE, and Bahrain, where the massive U.S. Fifth Fleet is stationed). Additionally, some combination of the U.S. and Israel has bombarded Iran with multiple acts of war over the last year, including explosions on Iranian soil, the murder of numerous Iranian nuclear scientists (in which even one of their wives was shot), and sophisticated cyberattacks. Meanwhile, top American political officials from both parties are actively demanding that an Iranian revolutionary cult be removed from the list of Terrorist organizations (just coincidentally, they’re all on the cult’s payroll). In the past decade, the U.S. and/or Israel have invaded, air attacked, and/or occupied Afghanistan, Iraq, Pakistan, Somalia, Yemen, Libya, Lebanon, Sudan, Syria, the West Bank and the Gaza Strip (to say nothing of the creation of a worldwide torture regime, a system of “black site” prisons around the world to which people were disappeared, and a due-process-free detention camp in the middle of the Caribbean Ocean where many people remain encaged for almost a full decade without charges). During this same time period, Iran has not invaded, occupied or air attacked anyone. Iran, to be sure, is domestically oppressive, but no more so — and in many cases less — than the multiple regimes funded, armed and otherwise propped up by the U.S. during this period. Those are all just facts.
But — despite all of these facts — all Serious people in the U.S. know that Iran is the Aggressor, the Modern Nazis, a True Menace, while the U.S. and Israel are its innocent peace-loving victims. Today, Iran claims that it took down an American drone flying over its country (either by shooting it down or overtaking its control system). Iran has made similar claims before, but this time the U.S. admits it last week lost a drone flying over what it claims was Western Afghanistan (not Eastern Iran). Between the intense wall of secrecy behind which the U.S. government operates and the less-than-reliable nature of the pronouncements from both governments, we’ll likely never know what happened for sure. In any event, this is yet another case of increased tensions between the two nations, and it’s thus time for yet another round of Those Evil, Provocative, Aggressive Iranians (because, of course, no peace-loving nation — such as the U.S. — would ever dare shoot down an Iranian drone if it flew over their soil; in fact, just imagine the massive retaliatory response that would be triggered if Iran were found to be flying drones over American soil, let alone simultaneously killing U.S. scientists, causing explosions on U.S. soil, backing U.S. Terrorist groups, and launching cyber attacks on U.S. nuclear facilities, all while occupying Canada and Mexico with more than 150,000 troops). In light of these belligerent U.S. actions and threats — along with seeing how the U.S. treats countries without a nuclear capability versus those who have one – nothing is more rational than Iran’s wanting a nuclear weapon.
Given the extensive violence and aggression the U.S. has perpetrated, and continues to perpetrate, on numerous countries in that region, one might think that not even our political culture could sustain the propagandistic myth that it is Iran that is the aggressor state and the U.S. that is its peace-loving victim. But, of course, one who thought that would be completely wrong. Not only is it a widespread belief, but it’s virtually mandated orthodoxy. But none of that should be at all surprising or confusing, given that 66 years ago, George Orwell — in his 1945 Notes on Nationalism — explained exactly the warped form of thinking that creates this mindset:
All nationalists have the power of not seeing resemblances between similar sets of facts. A British Tory will defend self-determination in Europe and oppose it in India with no feeling of inconsistency. Actions are held to be good or bad, not on their own merits, but according to who does them, and there is almost no kind of outrage — torture, the use of hostages, forced labour, mass deportations, imprisonment without trial, forgery, assassination, the bombing of civilians — which does not change its moral colour when it is committed by ‘our’ side. . . . The nationalist not only does not disapprove of atrocities committed by his own side, but he has a remarkable capacity for not even hearing about them.
I’ve cited that passage before, but it really does explain so very much (and that form of thinking extends beyond nationalism to all tribal loyalties). It’s how a country that has repeatedly invaded, occupied, bombed, and killed civilians in numerous other nations over the last decade can look at a country that has done little or none of that (but has been practically surrounded by all that aggression) and be convinced: they are the Evil aggressors and must be stopped at all costs.
UPDATE: One other point: whenever you dare to suggest a comparison between the United States of America and whatever country happens to be the New Hitlers of the moment, you get accused of moral relativism. That has always struck me as so bizarre, because moral relativism actually refers to precisely what Orwell described: “Actions are held to be good or bad, not on their own merits, but according to who does them, and there is almost no kind of outrage — torture, the use of hostages, forced labour, mass deportations, imprisonment without trial, forgery, assassination, the bombing of civilians — which does not change its moral colour when it is committed by ‘our’ side.” As Rudy Giuliani said when asked if waterboarding is “torture”: “It depends on who does it.” That is moral relativism.
UPDATE II [Mon.]: Echoing The Atlantic‘s Jeffrey Goldberg and The New York Times‘ Roger Cohen, National Journal‘s Michael Hirsh asks today: “Has the war with Iran already begun?”, and writes:
Two incidents that occurred on Sunday–Iran’s claim of a shoot-down of a U.S. drone, and an explosion outside the British embassy in Bahrain–may have been unrelated. But they appear to add to growing evidence that an escalating covert war by the West is under way against Iran, and that Tehran is retaliating with greater intensity than ever.
Asked whether the United States, in cooperation with Israel, was now engaged in a covert war against Iran’s nuclear program that may include the Stuxnet virus, the blowing-up of facilities and the assassination or kidnapping of scientists, one recently retired U.S. official privy to up-to-date intelligence would not deny it. . . . By accident or not, it’s entirely possible the covert war could escalate into a real one, experts say.
Where is the legal basis to wage a covert, unauthorized war against Iran? That question, of course, matters little, because American political culture accepts that the President’s power should be unfettered in these areas no matter what that old, tired, quaint, obsolete Constitution says. As John Yoo put it: such matters “are for the President alone to decide.” It’s just extraordinary how little concern is raised over the fact that the U.S. — to some degree or other — is clearly waging a covert war against Iran.
(updated below – Update II)
Yesterday, I wrote about the rotted workings of the Imperial Mind, but today presents a tragic occasion to examine its close, indispensable cousin: the Authoritarian Mind. From CNN today:
A suspected NATO airstrike killed eight civilians — including six children — in eastern Afghanistan, a provincial spokesman said.
The airstrike took place Saturday night in Paktia province, said Rohullah Samoon, spokesman for the governor of Paktia. He said an entire family was killed in the strike.
The LA Times identified the victims as “Mohammed Shafi, his wife and his six children,” and cited the statements from the spokesman for the Paktia governor’s office that “there is no evidence that Shafi was a Taliban insurgent or linked with Al Qaeda.” The Afghan spokesman blamed the incident on the refusal of NATO to coordinate strikes with Afghan forces to ensure civilians are not targeted (“If they had shared this with us, this wouldn’t have happened”). Also yesterday:
An American drone fired two missiles at a bakery in northwest Pakistan Saturday, killing four suspected militants, officials said, as the U.S. pushed ahead with its drone campaign despite Pakistani demands to stop. This was the third such strike in the country in less than a week. . . .
The officials said the victims were buying goods from a bakery when the missiles hit. Residents were still removing the debris, officials said. All of the dead were foreigners, but the officials did not have any information on their identities or nationalities.
All of this is so widely tolerated, even cheered, among large factions of the American citizenry due to three premises:
(1) I have absolutely no idea who my government is continuously bombing to death by drone, but I assume they deserve it;
(2) when my government extinguishes the lives of entire families, including small children, as it often does, I know it’s all for a just and important cause even if I can’t identify it; and,
(3) we have to stop the Terrorists, because they keep killing innocent civilians.
That’s the Authoritarian Mind, and it appears everywhere the Imperial Mind does.
* * * * *
The Washington Post yesterday reported that “on the periphery of Bagram Airfield, farmers, scrap-metal collectors and sheep herders have been crippled, blinded and burned by U.S. military ammunition on an unfenced and poorly marked training ground.” Because “there is no barrier between nearby villages and the range — it is unclear where the dusty townships end and the vast military training area begins,” Afghan villagers routinely stumble into unexploded ordnance and are severely injured or even killed, all because the U.S. military never bothered to demarcate the base. In 2009, its Commander-in-Chief, President Barack Obama, was awarded the Nobel Peace Prize.
UPDATE: This contrast from MSNBC’s home page, as it appears right now, speaks volumes about the mindset of the American government and its establishment media:
For why this is exactly the reverse of what a responsible U.S. media outlet would do, see here.
UPDATE II: ABC News‘ Jake Tapper this morning interviewed Defense Secretary Leon Panetta and asked him about civilian deaths caused by U.S. drones: specifically, whether the U.S.’s relentless air strikes in multiple Muslim countries are exacerbating rather than containing the problem of anti-American Terrorism:
TAPPER: President Obama recently said that — recently told John Brennan, his counterterrorism adviser at the White House that he wanted a little bit more transparency when it comes to drones, which are the – is one of the approaches that you’re alluding to in Yemen.
And “The Times of London” reported last week that the civilian casualties in Yemen as a result of drone strikes have, quote, “emboldened Al Qaeda.”
Is there not a serious risk that this approach to counterterrorism, because of its imprecision, because of its civilian casualties, is creating more enemy than it is killing?
PANETTA: First and foremost, I think this is one of the most precise weapons that we have in our arsenal. Number two, what is our responsibility here? Our responsibility is to defend and protect the United States of America.
And using the operations that we have, using the systems that we have, using the weapons that we have, is absolutely essential to our ability to defend Americans. That’s what counts, and that’s what we’re doing.
Note that Panetta studiously ignored, rather than addressed, the question of whether the U.S. — by continuously killing Muslim civilians and thus intensifying anti-American animus — is creating more Terrorists than it is killing and thus making the U.S. less safe. That’s because there is no answer. Continuously bombing Muslim countries and killing civilians ostensibly as a means of combating anti-American Terrorism is exactly like smoking six packs of cigarettes a day to treat emphysema: one would do it only if one wanted to make the problem worse, or, at best, was recklessly indifferent to the outcome.
Americans of all types — Democrats and Republicans, even some Good Progressives — are just livid that a Pakistani tribal court (reportedly in consultation with Pakistani officials) has imposed a 33-year prison sentence on Shakil Afridi, the Pakistani physician who secretly worked with the CIA to find Osama bin Laden on Pakistani soil. Their fury tracks the standard American media narrative: by punishing Dr. Afridi for the “crime” of helping the U.S. find bin Laden, Pakistan has revealed that it sympathizes with Al Qaeda and is hostile to the U.S. (NPR headline: “33 Years In Prison For Pakistani Doctor Who Aided Hunt For Bin Laden”; NYT headline: “Prison Term for Helping C.I.A. Find Bin Laden”). Except that’s a woefully incomplete narrative: incomplete to the point of being quite misleading.
What Dr. Afridi actually did was concoct a pretextual vaccination program, whereby Pakistani children would be injected with a single Hepatitis B vaccine, with the hope of gaining access to the Abbottabad house where the CIA believed bin Laden was located. The plan was that, under the ruse of vaccinating the children in that province, he would obtain DNA samples that could confirm the presence in the suspected house of the bin Laden family. But the vaccine program he was administering was fake: as Wired‘s public health reporter Maryn McKenna detailed, “since only one of three doses was delivered, the vaccination was effectively useless.” An on-the-ground Guardian investigation documented that ”while the vaccine doses themselves were genuine, the medical professionals involved were not following procedures. In an area called Nawa Sher, they did not return a month after the first dose to provide the required second batch. Instead, according to local officials and residents, the team moved on.”
That means that numerous Pakistani children who thought they were being vaccinated against Hepatitis B were in fact left exposed to the virus. Worse, international health workers have long faced serious problems in many parts of the world — including remote Muslim areas — in convincing people that the vaccines they want to give to their children are genuine rather than Western plots to harm them. These suspicions have prevented the eradication of polio and the containment of other preventable diseases in many areas, including in parts of Pakistan. This faux CIA vaccination program will, for obvious and entirely foreseeable reasons, significantly exacerbate that problem.
As McKenna wrote this week, this fake CIA vaccination program was “a cynical attempt to hijack the credibility that public health workers have built up over decades with local populations” and thus “endangered the status of the fraught polio-eradication campaign, which over the past decade has been challenged in majority-Muslim areas in Africa and South Asia over beliefs that polio vaccination is actually a covert campaign to harm Muslim children.” She further notes that while this suspicion “seems fantastic” to oh-so-sophisticated Western ears — what kind of primitive people would harbor suspicions about Western vaccine programs? – there are actually “perfectly good reasons to distrust vaccination campaigns” from the West (in 1996, for instance, 11 children died in Nigeria when Pfizer, ostensibly to combat a meningitis outbreak, conducted drug trials — experiments — on Nigerian children that did not comport with binding safety standards in the U.S.).
When this fake CIA vaccination program was revealed last year, Doctors Without Borders harshly denounced the CIA and Dr. Afridi for their “grave manipulation of the medical act” that will cause “vulnerable communities – anywhere – needing access to essential health services [to] understandably question the true motivation of medical workers and humanitarian aid.” The group’s President pointed out the obvious: “The potential consequence is that even basic healthcare, including vaccination, does not reach those who need it most.” That is now clearly happening, as the CIA program “is casting its shadow over campaigns to vaccinate Pakistanis against polio.” Gulrez Khan, a Peshawar-based anti-polio worker, recently said that tribesman in the area now consider public health workers to be CIA agents and are more reluctant than ever to accept vaccines and other treatments for their children.
For the moment, leave to the side the question of whether knowingly administering ineffective vaccines to Pakistani children is a justified ruse to find bin Laden (just by the way, it didn’t work, as none of the health workers actually were able to access the bin Laden house, though CIA officials claim the program did help obtain other useful information). In light of all the righteous American outrage over this prison sentence, let’s consider what the U.S. Government would do if the situation were reversed: namely, if an American citizen secretly cooperated with a foreign intelligence service to conduct clandestine operations on U.S. soil, all without the knowledge or consent of the U.S. Government, and let’s further consider what would happen if the American citizen’s role in those operations involved administering a fake vaccine program to unwitting American children. Might any serious punishment ensue? Does anyone view that as anything more than an obvious rhetorical question?
There are numerous examples that make the point. As’ad AbuKhalil poses this one: “Imagine if China were to hire an American physician who would innocently inject unsuspecting Americans with a chemical to obtain information for China. I am sure that his prison term would be even longer.” Or what if an American doctor of Iranian descent had done this on behalf of the Quds Force, in order to find a member of the designated Iranian Terror group MeK who was living in the United States (one who, say, has been working with Israel to help assassinate Iranian nuclear scientists and wound their wives, or one who was trained by the U.S.), after which Iranian agents invaded his American home, pumped bullets in his skull and shot a few others (his wife and a child) and then dumped his corpse into the Atlantic Ocean? Or take the case of Orlando Bosch, the CIA-backed anti-Cuban Terrorist long harbored by the U.S.; suppose a Cuban-American doctor sympathetic to Castro had injected American children as part of a fake vaccination program in order to help Cuba find and kill Bosch on U.S. soil; he’d be lucky to get 33 years in prison.
In fact, the U.S. Government tries to impose the harshest possible sentences on Americans who do far less than Dr. Afridi did in Pakistan. The Obama administration charged former NSA official Thomas Drake with espionage and tried to imprison him for decades merely because he exposed serious waste, corruption and illegality in surveillance programs — without the slightest indication of any harm to national security. Right now, they’re charging Bradley Manning with “aiding the enemy” — Al Qaeda — and attempting to impose life imprisonment on the 23-year-old Army Private, merely because he leaked information to the world showing serious war crimes and other government deceit (something The New York Times does frequently) which nobody suggests was done in collaboration with or even with any intent to help Al Qaeda or any other foreign entity. Given all that, just imagine how harshly they’d try to punish an American who secretly collaborated with a foreign intelligence service — who created a fake vaccine program for American kids — to enable secret military action on U.S. soil without their knowledge.
But of course none of these comparisons is equivalent. It’s all different when it’s done to America rather than by America. That’s the great prize for being the world’s imperial power: the rules you impose on others don’t bind you at all. I’m quite certain that none of the people voicing such intense rage over Pakistan’s punishment of Dr. Afridi would voice anything similar if the situation were reversed in any of the ways I’ve just outlined. Can you even imagine any of them saying something like: yes, this American doctor injected American kids with ruse vaccines in order to help the intelligence service of Iran/Pakistan/China/Cuba conduct clandestine operations on U.S. soil without the knowledge of the U.S. Government, but I think that’s justified and he shouldn’t be punished.
If you read or watch any accounts of life in the Roman empire, what you will frequently witness is someone being severely punished for an act against a Roman citizen. That was the most severe crime and the one most harshly punished: one could do any manner of bad things to non-citizens, but not so much as raise a hand to a Roman citizen.
Watch how often that formulation is used in our political discourse: he tried to kill Americans, people will emphasize when justifying all sorts of U.S. government actions. In other words, there are ordinary, pedestrian crimes (like this one, from today: “An American drone fired two missiles at a bakery in northwest Pakistan Saturday and killed four suspected militants, officials said, as the U.S. pushed on with its drone campaign despite Pakistani demands to stop. This was the third such strike in the country in less than a week”). But then there is the supreme crime: he tried to kill Americans! It’d be one thing if this outrage were honestly expressed as self-interest (we give massive aid to Pakistan so they should do our bidding), but instead, it is, as usual, couched in moral terms.
That is the imperial mind at work. Its premises are often embraced implicitly rather than knowingly: American lives are inherently more valuable; foreign lives are expendable in pursuit of American interests; the U.S. has the inalienable right to take action in other countries that nobody is allowed to take in the U.S. (just imagine: “An Iranian drone fired two missiles at a bakery in the northwest U.S. Saturday and killed four suspected militants, Iranian officials said, as Iran pushed on with its drone campaign despite American demands to stop. This was the third such strike in the country in less than a week” or “Thirty five women and children were killed by a Yemeni cruise missile armed with cluster bombs which struck an alleged Marine training camp in Texas”).
These self-venerating imperial prerogatives are the premises driving the vast bulk of American foreign policy and military discourse. It is certainly what’s driving the spectacle of so many people pretending that the punishment of Dr. Afridi is some sort of aberrational act which the U.S. and other Decent, Civilized Countries would never do.
* * * * *
Two related points:
(1) NPR emphasizes what appear to be the genuine due process deficiencies in the punishment imposed on Dr. Afridi, though he certainly is receiving more due process than those informally and secretly accused of Treason by the U.S. Government and given the Anwar Awlaki treatment, or accused of Terrorism and targeted with a U.S. drone or locked for a decade or so in a cage without charges of any kind.
(2) Zaid Jilani, formerly of Think Progress, asks a really good question about the Hollywood Election Year film depicting the bin Laden raid being produced by Sony Pictures with the help of the Obama administration: “Will the movie feature Pakistani kids tricked into getting fake vaccines? Probably not.” If the film does mention this, I’d bet it will be to marvel at and celebrate the James-Bond-like ingenuity of the CIA.
In 2006, The New York Times‘ James Risen and Eric Lichtblau won the Pulitzer Prize for their December, 2005 article revealing that the Bush administration was eavesdropping on the electronic communications of Americans without the warrants required by the FISA law (headline: “Bush Lets U.S. Spy on Callers Without Courts” “Officials Say U.S. Wiretaps Exceeded Law”). Even though multiple federal judges eventually ruled the program illegal, that scandal generated no accountability of any kind for two reasons: (1) federal courts ultimately accepted the arguments of the Bush and Obama DOJs that the legality of Bush’s domestic spying program should not be judicially reviewed; and (2) the Democratic-led Congress, in 2008, enacted the Bush-designed FISA Amendments Act, which not only retroactively immunized the nation’s telecom giants for their illegal participation in that spying program and thus terminated pending lawsuits, but worse, also legalized the vast bulk of the Bush spying program by vesting vast new powers in the U.S. Government to eavesdrop without warrants (in his memoir, President Bush gleefully recounted that the 2008 eavesdropping bill supported by the Democrats gave him more than he ever expected).
It was then-Sen. Obama’s vote in favor of the FISA Amendments Act that caused the first serious Election Year rift between him and his own supporters. Obama’s vote in favor of the bill was so controversial for two independent reasons: (1) when he was seeking the Democratic nomination only a few months earlier and needed the support of the progressive base, Obama unequivocally vowed to filibuster “any bill that includes retroactive immunity for telecommunications companies,” only to turn around once he had secured the nomination and not only vote against a filibuster of that bill but then vote in favor of the bill itself; and (2) the bill itself legalized vast new powers of warrantless eavesdropping: powers which the Democratic Party (and Obama) had spent years denouncing (as Yale Law Professor Jack Balkin put it at the time: “Through the FISA Amendments Act of 2008, Congress has legitimated many of the same things people are now complaining about”). When Obama announced his reversal, his defenders insisted he was only doing it so that he could win the election and then use his power as President to stop warrantless eavesdropping abuses, while Obama himself claimed he voted for the FISA bill “with the firm intention — once I’m sworn in as President — to have my Attorney General conduct a comprehensive review of all our surveillance programs, and to make further recommendations on any steps needed to preserve civil liberties and to prevent executive branch abuse in the future.”
The only positive aspect of the FISA Amendments Act of 2008 was that Congress imposed a four-year sunset provision on the new warrantless eavesdropping powers it authorized. That sunset provision is set to expire and — surprise, surprise — the Obama administration, just like it did for the Patriot Act, is demanding its full-scale renewal without a single change or reform:
A key Senate panel voted Tuesday to extend a contested 2008 provision of foreign intelligence surveillance law that is set to expire at year’s end.
The vote is the first step toward what the Obama administration hopes will be a speedy renewal of an expanded authority under the Foreign Intelligence Surveillance Act to monitor the U.S. e-mails and phone calls of overseas targets in an effort to prevent international terrorist attacks on the country.
Director of National Intelligence James R. Clapper Jr. called the move by the Senate Select Committee on Intelligence “important” to the effort to ensure that authorities can identify terrorist operatives and thwart plots. Extending the provision is the intelligence community’s top legislative priority this year.
In February, Attorney General Eric Holder and Director of National Intelligence James Clapper wrote a joint letter to Congressional leaders demanding “speedy . . . reauthorization of these authorities in their current form” — “without amendment.” The ACLU’s Michelle Richardson yesterday wrote:
Remember the George W. Bush warrantless wiretapping program? The one that was so illegal that Congress had to pass a special law to ensure that no one was prosecuted for it or sued by their customers for facilitating it? And was found by independent reviewers to be pretty pointless anyway? And was then brilliantly codified and written into stone by Congress? And which almost immediately went off the rails, being used to collect all sorts of stuff it wasn’t supposed to? It’s back!
The FISA Amendments Act of 2008 (FAA) rewrote our surveillance laws, which had generally required a warrant or court order for surveillance of people in the US. Under the FAA, the government can get a year-long programmatic court order for general bulk collection of Americans’ international communications without specifying who will be tapped. It is up to the administration to decide that on its own after the fact, without any judicial review. . . . Once the National Security Agency sucks up these phone calls, texts, emails and Internet records, it can use them pursuant to secret rules that they swear protect our privacy.
That it is now the Obama administration serving as chief crusaders for warrantless eavesdropping powers — once the symbol of Bush radicalism — is telling enough. But there are numerous key facts that make the administration’s demands for reform-free renewal all the more remarkable:
First, even Senators on the Intelligence Committee — such as Democrats Ron Wyden and Mark Udall — have made repeatedly clear that there are basic facts about how this law affects the communications of ordinary Americans which even they have not been provided, including even a rough estimate of how many Americans have had their emails read or calls listened to by the NSA under this law.
Second, the Director of National Intelligence, in response to the inquiries from those two Senators, has claimed that “it is not reasonably possible to identify the number of people located in the United States whose communications may have been reviewed under the authority of the [FISA Amendments Act].” Note that he cannot even identify the number of Americans whose communications have been actually “reviewed,” not merely stored, by the NSA (The Washington Post previously reported that “every day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications”). How can Congress even think about renewing these warrantless eavesdropping powers when even the members on the Intelligence Committee are deprived of the most basic information about how they are used and how many Americans have their communications invaded without warrants?
Third, there is ample evidence of recent abuse of the warrantless surveillance powers vested by the FAA. As the ACLU explained in its letter to Congress this week urging reforms to the bill:
Of course, now that there’s a Democrat in the Oval Office, many Good Progressives discount claims made by the ACLU (here, for instance, is one of them today — Oliver Willis, a Research Fellow at Media Matters — denouncing the ACLU (and me) as “hysterical” for our concerns raised over domestic drones, both of the surveillance and armed variety). So for those types of individuals: here’s the New York Times article detailing the rampant abuse under this law.
Fourth, and perhaps worst of all, the Obama administration is aggressively seeking to block any efforts to have federal courts rule on the constitutionality of this new FISA law. Immediately after its 2008 passage, the ACLU, on behalf of journalists, activists, and writers, sued to invalidate the law on the ground that it violates the Fourth Amendment rights of Americans by subjecting them to warrantless eavesdropping. As they always do in such cases, the Bush and Obama DOJs demanded dismissal of the suit on the ground of “standing”: namely, they asserted the definitively Kafkaesque claim that because the list of Americans who have their conversations intercepted is kept secret, the plaintiffs cannot prove they were eavesdropped on under the law, and thus lack “standing” to challenge it.
This warped argument — along with the “state secrets” privilege — is the one that the DOJ has most frequently invoked to place their War on Terror conduct beyond the reach of the rule of law. But in the ACLU lawsuit, something unusual happened: a federal appeals court panel refused to dismiss the ACLU’s lawsuit on this ground, holding that the plaintiffs’ reasonable fear that they would be subject to the warrantless eavesdropping powers conferred “standing” entitling them to challenge the law. The full Second Circuit Court of Appeals (by a 6-6 vote) refused to reverse that ruling, creating an important precedent that would allow citizens to challenge an unconstitutional law even when the Government’s secrecy prevents them from proving that they were personally subjected to it (it was this Second Circuit precedent that a federal judge recently relied upon in ruling that various writers and journalists could challenge the constitutionality of the NDAA even though they were not yet indefinitely detained under it, and after finding standing on that basis, she then halted use of the NDAA’s detention powers on the ground that it is likely unconstitutional).
But rather than let that ACLU standing precedent remain — and then proceed to defend the constitutionality of the 2008 eavesdropping law on the merits — the Obama DOJ urged the Supreme Court to review and overturn the Second Circuit’s ruling. This week, the Supreme Court announced it was accepting this case for review, and many legal experts believe they would not have agreed to review the ACLU ruling unless they intended to overturn it. So as the Obama administration pressures Congress to renew this eavesdropping law without a single reform, they simultaneously act to block courts even from ruling whether the law is constitutional. And in the process, they threaten to obliterate one of the very few judicial precedents that results in government leaders being subjected to minimal accountability under the law for their secret behavior.
Fifth, the Obama administration has perfectly adopted the standard tactic used by Bush officials to coerce approval of any surveillance power they want and to smear anyone questioning those powers. Namely, they insist that the Terrorists will get us all if they do not get their way, and that anyone opposing their demands will have the blood of Americans on their hands. Recall Harry Reid’s attacks on those urging reforms to the Patriot Act last year (“‘When the clock strikes midnight tomorrow, we will be giving terrorists the opportunity to plot against our country undetected,’ Reid said, referring to the law’s expiration this week. ‘The senator from Kentucky is threatening to take away the best tools we have for stopping them’”). Similarly, Holder and Clapper warn that rapid, reform-free extension of their eavesdropping powers is necessary “to avoid any interruption in our use of these authorities to protect the American people”: because, apparently, just like Bush officials insisted, it’s impossible to Keep America Safe if you first have to obtain warrants before eavesdropping on them.
The continuously expanding Surveillance State in the United States is easily one of the most consequential and under-discussed political developments. And few are doing more to ensure it continues than top-level Obama national security officials.
* * * * *
This morning, the Center for Constitutional Rights filed a legal petition with the Army Court of Criminal Appeals seeking public access to the transcripts and court proceedings in Bradley Manning’s court-martial, and I — along with The Nation, Amy Goodman, Jeremy Scahill, Kevin Gosztola, WikiLeaks and others — am a petitioner in that action. You can read about it here, and the petition itself is here.
The New York Times reports on the inspiring scenes across Egypt as millions wait in line to elect their new President. The article contains numerous quotes from ordinary Egyptian citizens explaining their sense of optimism that democratic accountability is coming to their country for the first time in a very long time, as illustrated by this passage:
Others felt their own power as citizens, for the first time. In a country where a journalist was fined and jailed two years ago for speculating in print about the health of Mr. Mubarak, in this race leading candidates detailed their infirmities, and one volunteered his medical records in a televised debate.
“It is enough that the new president will know he could go to jail if he does something wrong,” said Mohamed Maher, 28, waiting to vote in Imbaba.
Maher knows that the anchor of accountability and political fairness — the core principle preserving minimal levels of freedom — is that even the highest and most powerful political leaders will be subjected to criminal liability when they break the law. Imagine what it would be like if that principle prevailed in the U.S.
(updated below)
As is now well documented, the Obama administration has waged an unprecedented war on whistleblowers, prosecuting more of them under espionage statutes than all prior administrations combined: twice as many as all prior administrations combined, in fact. They are attempting, or have attempted, to imprison whistleblowers who exposed corrupt and illegal NSA eavesdropping, dangerously inept efforts to impede Iran’s nuclear program (which likely strengthened it), the destructive uses of torture, and a litany of previously unknown U.S.-caused civilian deaths and other American war crimes.
But there’s one type of leak of classified information that the White House not only approves of but itself routinely exploits: the type that glorifies the President for propagandistic ends. The transparency group Judicial Watch brought FOIA lawsuits against the administration seeking information regarding the Osama bin Laden raid, but the administration insisted in federal court that the operation is secret and thus not subject to disclosure (even as they were leaking details about the raid to the press).
At the same time, Judicial Watch has also sued the White House seeking documents showing the administration’s collaboration with Hollywood filmmakers — The Hurt Locker director Kathryn Bigelow and screenwriter Mark Boal – who have been planning a big-budget, studio film from Sony recounting the raid that killed bin Laden, oh-so-coincidentally scheduled for release in October, 2012, just before the election (that’s clearly a coincidence because Democrats, unlike those Bush/Cheney monsters, do not exploit national security for political gain). And, oh, just by the way: as The New York Times reported in January, “Michael Lynton, the Sony Pictures chief executive, has been a major backer of President Obama and last April attended and paid the donation fee for a high-priced political fund-raising dinner for the president on the Sony studio lot in Culver City, Calif., which was rented by the Democratic National Committee.” As Maureen Dowd wrote last year:
The White House is also counting on the Kathryn Bigelow and Mark Boal big-screen version of the killing of Bin Laden to counter Obama’s growing reputation as ineffectual. The Sony film by the Oscar-winning pair who made “The Hurt Locker” will no doubt reflect the president’s cool, gutsy decision against shaky odds. Just as Obamaland was hoping, the movie is scheduled to open on Oct. 12, 2012 — perfectly timed to give a home-stretch boost to a campaign that has grown tougher.
The moviemakers are getting top-level access to the most classified mission in history from an administration that has tried to throw more people in jail for leaking classified information than the Bush administration.
[In response to the controversy and a Congressional investigation into whether they were illegally provided with classified information about the raid, Sony executives, last January, moved the film's release date to December 19, after the election.]
As part of a court order in the Judicial Watch lawsuit, the Obama administration yesterday disclosed dozens of emails from the DoD and the CIA documenting that, as NBC News put it, “the Obama administration leaked classified information to filmmakers on the raid that killed Osama bin Laden.” Politico‘s Josh Gerstein added: “Just weeks after Pentagon and Central Intelligence Agency officials warned publicly of the dangers posed by leaks about the raid that killed Osama bin Laden, top officials at both agencies and at the White House granted Hollywood filmmakers unusual access to those involved in planning the raid and some of the methods they used to do it.”
The internal administration documents — which pointedly note that the film has a “release date set for 4th Qtr 2012 (Sep-Dec)” — reveal enthusiastic cooperation with the filmmakers by top-level DoD officials, including Undersecretary of Defense Michael Vickers, all done at the direction of the White House. The very first DoD email indicates the request to work with the filmmakers came from the White House. Then-CIA Director Leon Panetta is deemed “very interested in supporting” the film. The documents also reveal a meeting between the filmmakers and Obama’s chief counter-Terrorism adviser John Brennan and National Security Council Chief of Staff Denis McDonough, at which the two White House officials shared information about “command and control.” The DoD officials meeting with the filmmakers were given the White House talking points from the night of the raid, which including hailing the President’s actions as “gutsy” and stressing the heavy involvement of the White House in the raid.
In a meeting with Bigelow and Boal, Defense Undersecretary Vickers promised that, from Vickers, “you are going to get a little bit of operational stuff,” but the bulk of operational details would have to come from “Secretary Gates, Adm. Mullen, Hoss Cartwright.” At that meeting, they even plotted how to get the filmmakers classified information without appearing to do so. Here is the CIA’s transcript of that part of the discussion (MV is Undersecretary Vickers; MB is Boal; KB is Bigelow):
In other words: military commanders have been lecturing everyone on the evils of talking about classified programs, so we can’t look like we’re violating that, so we’ll instead direct some lower-level planner whose name you can’t use to tell you everything those commanders would tell you. Also, note how the name of the SEAL planner who was to meet with the filmmakers has been blacked out in these documents, and the administration still refuses to reveal that name — but it’s perfectly OK to give that information to Hollywood filmmakers so they can produce the best possible cinematic hagiography of the President.
Obama defenders love to claim that — unlike Bush strutting around in his fighter pilot costume — the cool, sophisticated Obama does not boast of his imperial conquests. But as Dowd noted, Obama’s “aides have made sure there are proxies to exuberantly brag on him” about bin Laden’s corpse, and now — after the President himself allowed a tongue-wagging Brian Williams into the sacred Situation Room to produce that cringe-inducing hagiography — here they are secretly encouraging Hollywood to dramatize his oh-so-brave and powerful kill, and leaking classified information to do it. Here, from the DoD’s summary of one of the meetings, is what Undersecretary Vickers (USDI) told them about how to make the film:
At one point during that meeting, Vickers had spilled so many glorifying details about the raid that he actually apologized for “talking too much” — something Pentagon officials are never guilty of when it comes time to be held accountable in a court or at Congress — and the filmmakers assured him: “No, no. You’ve been so great. You’ve been incredible. . . . So extraordinary. So extraordinary.”
So let’s review the Obama administration’s rules: leaking classified information is a grave crime — espionage! — when done to blow the whistle on serious government corruption, deceit and illegality, and it merits decades in prison. But when it’s done to enable Hollywood to produce a propaganda film glorifying the great and “gutsy” Commander-in-Chief, then it is a noble and patriotic act.
UPDATE: As numerous people in comments and elsewhere have noted, the film’s new December release date still makes it likely that glorifying trailers and other film buzz will be heavily circulating prior to the November election.
On a different note: I wonder if any MSNBC shows will find the time today to mention these newly disclosed documents. Would it have been news there if Bush national security officials had been secretly meeting with and passing classified information to conservative filmmakers in order to enable the production and release of a Bush-glorifying Hollywood propaganda film a few weeks before the 2004 election?
Iranian president Mahmoud Ahmadinejad (Credit: AP/Burhan Ozbilici) 
More than 1,500 Afghans block the highway between Kabul and Kandahar in Seed Abad, Wardak province, Afghanistan, Saturday, May 26, 2012. (Credit: AP/Rahmatullah Nikzad) 
President Barack Obama waves upon his arrival at Peterson Air Force Base, Colo., Wednesday, May 23, 2012. (Credit: AP Photo/Pablo Martinez Monsivais) 
An Egyptian woman shows the ink on her finger after voting in an historic presidential election Wednesday, May 23, 2012, outside a polling station in Cairo, Egypt.(Credit: AP Photo/Hasan Jamali) 
Mark Boal and Kathryn Bigelow (Credit: Reuters/Toby Melville) 
