Glenn Greenwald

Dennis Kucinich and “wackiness”

The now-defeated congressman consistently opposed destructive bipartisan pieties -- and is therefore "crazy"

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Dennis Kucinich and Rep. Dennis Kucinich (Credit: AP Photo/Harry Hamburg, File)

Last week, Rep. Dennis Kucinich was defeated in a Democratic primary by Rep. Marcy Kaptur after re-districting pitted the two long-term incumbents against each other. Kucinich’s fate was basically sealed when the new district contained far more of Kaptur’s district than his. His 18-year stint in the House will come to an end when the next Congress is installed at the beginning of 2013.

Establishment Democrats have long viewed Dennis Kucinich with a mixture of scorn, mockery and condescension. True to form, the establishment liberal journal American Prospect gave Kucinich a little kick on the way out, comparing his political views to the 1960s musical “Hair” (the Ohio loser talked about “Harmony and understanding”!), deriding him as “a favorite among lefty college kids and Birkenstock-wearers around the country,” and pronouncing him “among the wackiest members of Congress.” Yes, I said The American Prospect, not The Weekly Standard.

The Prospect article also praises as “great” a snide, derisive Washington Post piece which purports to “highlight some of the particularly bizarre facts about” Kucinich. Among those is the fact that “he introduced impeachment articles against former President George W. Bush and former Vice President Cheney for their roles in the Iraq war” and “proposed a Cabinet-level agency devoted to peace.” What a weirdo and a loser. Even more predictably, a team of four interns at The New Republic – the magazine that spent years crusading for the attack on Iraq, smearing Israel critics as anti-Semites, and defining its editorial mission as re-making the Democratic Party in the image of Joe Lieberman – denounced the anti-war Kucinich as “ludicrous,” citing most of the same accusations as the Prospect and the Post.

Revealingly, two days after the Prospect article crowned Kucinich “among the wackiest members of Congress,” TPM featured this article, the day after Eric Holder advocated the view that the President has the power to target American citizens for execution without charges:

So let’s recap the state of mental health in establishment Democratic circles: the President who claims (and exercises) the power to target American citizens for execution-by-CIA in total secrecy and with no charges — as well as those who dutifully follow him — are sane, sober and Serious, meriting great respect. By contrast, one of the very few members of Congress who stands up and vehemently objects to this most radical power — “The idea that the United States has the ability to summarily execute a US citizen ought to send chills racing up and down the spines of every person of conscience” — is a total wackjob, meriting patronizing mockery.

Both the Prospect and Post recite the trite case demonstrating Kucinich’s supposed weirdness. He’s friends with Shirley McLaine, who believes in reincarnation, and he once (according to McLaine) claimed to have an encounter with a UFO. Is any of that really any more strange than the litany of beliefs which the world’s major religions require? Is Barack Obama “wacky” because he claims to believe that Jesus turned water into wine, rose from the dead and will soon welcome him to heaven? Is Chuck Schumer bizarre because he seems to believe that there’s some big fatherly figure sitting in the sky who spewed fire and brimstone at those who broke the laws he sent down on some stones and now hovers over him judging his every move? Is Harry Reid a weirdo because he apparently venerates as divine the “visions” of a man who had dozens of wives, including some already married to other men?

Neither the Prospect nor the Post would ever dare mock as “wacky” the belief in invisible judgmental father-figures in the sky or that rendition of life-after-death gospel because those belief systems have been deemed acceptable by establishment circles. ”Wacky”, like its close cousin “crazy,” is a term of establishment derision exclusively reserved for those who deviate from such conventions. And that’s the point worth making here: the real reason anyone with D.C. Seriousness, including many establishment liberals, relished mocking Kucinich is because he dissented from the orthodoxies of the two political parties. That, by definition, makes one wacky and weird, even when — as is true for the Obama assassination powers and so many other bipartisan pieties — the actual wacky and crazy beliefs are those orthodoxies themselves (we’ve seen this repeatedly with those who stray from two-party normalcy). In reality, the actual crazies are those who fit comfortably within that two-party mentality and rarely challenge or deviate from it, while those who are sane, by definition, dissent from it (just today, the Super Serious Democratic Sen. Carl Levin, a prime co-sponsor of the indefinite detention bill passed late last year, called for a naval blockade of Iran).

In a 2010 Newsweek article, Conor Friedersdorf perfectly described how this “crazy” appellation is used by the small-minded to enforce bipartisan beliefs and limit the realm of sanity to the suffocatingly narrow range of opinions permitted by the two parties:

Forced to name the “craziest” policy favored by American politicians, I’d say the multibillion-dollar war on drugs, which no one thinks is winnable. Asked about the most “extreme,” I’d cite the invasion of Iraq, a war of choice that has cost many billions of dollars and countless innocent lives. . . .

I hardly expect the news media to denigrate the policies I’ve named, nor do I expect their Republican and Democratic supporters to be labeled crazy, kooky, or extreme. These disparaging descriptors are never applied to America’s policy establishment, even when it is proved ruinously wrong, whereas politicians who don’t fit the mainstream Democratic or Republican mode. . . . are mocked almost reflexively in these terms, if they are covered at all. . . .

[I]s it not just as extreme that President Obama claims an unchecked power to assassinate, without due process, any American living abroad whom he designates as an enemy combatant? Or that Joe Lieberman wants to strip Americans of their citizenship not when they are convicted of terrorist activities, but upon their being accused and designated as enemy combatants? . . . [C]razy, kooky, extreme actions are perpetrated by establishment centrists far more often than by [those typically derided in mainstream circles as crazy].

The current President not only has seized the power to assassinate American citizens with no charges, but also to imprison people indefinitely with no charges, to bomb six different countries where no war is declared and where civilians are routinely killed, to invoke extreme, self-parodying levels of secrecy to hide what he does, and to prosecute wars even after Congress votes against their authorization. His cabinet is filled with people who, while in public life, advocated an aggressive attack on another country on the basis of weapons that did not exist, including his Vice President and Secretary of State. His financial team is filled with the very same people who implemented the Wall-Street-subservient policies that led to the 2008 financial crisis. Despite all that, it would be unhealthy in the extreme to hold your breath waiting for the Prospect or the Post to mock any of them as crazy or “wacky,” because what they advocate — as crazy as it is — fits comfortably within the approved orthodoxies of establishment Washington.

Meanwhile, the crazy wacko, Dennis Kucinich, has been an outspoken opponent of all of that. In a rational world, that would make him sane and those he opposed crazy. But in the world of Washington’s political and media class, it’s Kucinich who is the crazy one and those who did all of that are sane and Serious. Put another way, the chickenhawk warmongers at The New Republic are normal, while the anti-war Kucinich is “among the wackiest.”

It’s not difficult to see why Democrats, including progressives, often took (and continue to take) the lead in demonizing Kucinich as a wacky loser. After his Party leaders decreed that impeachment of Bush was “off the table” — both because they feared it would jeopardize their electoral prospects and because top Democrats were complicit in Bush crimes — Kucinich defied their orders and introduced articles of impeachment against Bush for the Iraq War, his chronic lawbreaking, and his assault on the Constitution: exactly what impeachment was designed to prevent and punish. He was one of the very few people in Congress who vehemently denounced the assaults on the Constitution with equal vigor under the prior GOP President and the current Democratic one. He was one of the very few people in Congress with the courage to deviate from the AIPAC script, opposing the Israeli blockade of Gaza, condemning Israeli wars of aggression, and repeatedly publicizing the oppression of Palestinians with the use of American funds and support. He repeatedly insisted on application of the law to the Executive Branch’s foreign policy when all of Washington agreed to overlook it. He repeatedly opposed bipartisan measures to intensify hostility toward Iran. When the Democrats won Congress in 2006 based on a promise to end the Iraq War, only to turn around and continue to fund it without restrictions (thus ensuring that this politically advantageous war would be raging during the 2008 election), Kucinich continuously demanded that they follow through on their promises.

In the domestic policy area, Kucinich typically defended the values which the Democratic Party claims to support even as it assaults those very values. As Progressive wrote this week, “Kucinich was fearless in standing up to corporate power, in denouncing NAFTA and GATT and the WTO and the fallacy of free trade, in criticizing the Federal Reserve Board for not doing more about unemployment and for bailing out the banks” and he “campaigned mightily for universal single-payer health care” (though, under heavy pressure and threats, he supported Obama’s health care bill at the last moment). Kucinich vocally criticized President Obama for proposing substantial cuts to Social Security. He became an increasingly outspoken critic of the Drug War. The Nation‘s John Nichols this week praised him as “one of [Congress'] steadiest critics of corporate power.” Those noble fights were often waged against his own party’s leadership, with risk to his own political fortunes, and with very few allies.

One criticism of Kucinich that is not unreasonable per se is that he has no real legislative accomplishments to show for his 9 terms in Congress. Citing that criticism, Andrew Sullivan this week branded him “A Forgettable Ideologue”and quoted from an anti-Kucinich post in The New Yorker (yet another Serious, Sane magazine that played a key role in fueling the flames of war against Iraq). The New Yorker post is entitled “Why Kucinich Won’t be Missed,” in which Alex Koppelman argues:

For all of his advocacy for liberal issues, Kucinich got almost nothing accomplished. He’s one of those legislators who becomes a favorite of the base — this happens on both sides; look at Michele Bachmann — by talking a lot while doing very little. Effective legislators build coalitions, they work to persuade their colleagues, they even compromise, if that’s what’s necessary to get legislation passed (or blocked, if that’s the goal). Not Kucinich. Liberals may miss him, briefly, but they’ll forget him soon enough. After all, he left nothing to remember him by.

I find this unpersuasive on multiple levels. For one, enacting legislation is not the only way to have an important impact on our political culture. Shining light on otherwise-ignored issues, advocating rarely-heard political positions, using one’s platform to highlight the corruption of those in power and to challenge their warped belief systems are all vitally important functions. Advocacy of that sort may not produce immediate, tangible successes, but it is a prerequisite for changing prevailing political mores and persuading citizens to think differently. “Talking a lot” is a synonym for persuasion, advocacy and debate. It’s far from “doing very little.” Those are all critical steps in changing a political system. It’s true that Kucinich cannot point to any law he passed that, say, guts the National Security State or corporate-lobbyist control over Washington, but that hardly means his work was inconsequential. Those types of changes often take years, even decades, of advocacy, and urgently need those with public platforms to amplify the underlying views to change how citizens think.

But more important: Kucinich’s animating belief was that both political parties often embraced extremist, destructive policies due to a combination of cowardice and malignant views. He usually resided outside of the bipartisan mainstream. He was often right when the Sober Centrists and Party leaders were dreadfully wrong: on Iraq, on the extremism of the Bush assault on the Constitution and rule of law, on America’s self-destructive and immoral blind support for Israel, on the subservience of Washington to a corporatist and Wall Street agenda. He was one of a tiny handful of people willing to bravely challenge those orthodoxies and the imperatives of lobbyist rule. It’s not his fault that most of his colleagues and the broader political class clung to those destructive pieties and cowardly served those who own and control Washington.

Would it have been better if he had won more fights? Sure. Could he have been a more shrewd and calculating political operative? Probably. But his failure to get Washington to see the wretched errors of its ways reflects far more on them than it does on him. Faced with a militarized and corporatized state and a cowardly political and media class that enables it, Kucinich did what he should have done: opposed it loudly, courageously, consistently, and passionately.

In sum, Kucinich was one of the those rare people in Washington whose commitment to his beliefs outweighed both his loyalty to his Party and his desperation to cling to political office. He thus often highlighted the severe flaws, deceit and cowardice of his fellow Democrats and their Party as well as the broader political class. That’s why he has to be vilified as crazy and wacky. He’s long been delivering an unpleasant message about the Democratic Party and Washington generally, and like all unwanted messengers, has to be dismissed and marginalized so that this criticism disappears. Thus, those who brought us the Iraq War, Endless War in general, citizen assassinations, the systematic incineration of the Constitution known as the War on Terror, the financial collapse, the destruction of the middle class, and the financial and political supremacy of banker-criminals are sane and respectable. Those who most vehemently opposed those assaults, like Dennis Kucinich, are the “wackiest.”

Such self-affirming pronouncements will make those who passively acquiesced to all those policies and who support the politicians who brought them to us feel much better: sure, Kucinich stood stalwartly against them all and warned us of their dangers while I cheer for politicians who bring us these things, but he believes in UFOs and impeachment and a Department of Peace. What a wackjob. That’s what the “crazy” insult enables and why it’s so popular in the halls of political and media Seriousness.

The Authoritarian Mind

Yet another Afghan family (and a bakery in Pakistan) is extinguished by an airstrike: unleash the justifications

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The Authoritarian MindMore 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)

(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.

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The Imperial Mind

American rage at Pakistan over the punishment of a CIA-cooperating Pakistani doctor is quite revealing

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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.

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Warrantless spying fight

Obama officials demand full, reform-free renewal of the once-controversial power to eavesdrop without warrants

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Warrantless spying fight President Barack Obama waves upon his arrival at Peterson Air Force Base, Colo., Wednesday, May 23, 2012. (Credit: AP Photo/Pablo Martinez Monsivais)

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.

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Egyptian wisdom

“It is enough that the new president will know he could go to jail if he does something wrong."

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Egyptian wisdomAn 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)

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.

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WH leaks for propaganda film

The administration takes a break from its war on whistleblowers to provide classified information to filmmakers

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WH leaks for propaganda filmMark Boal and Kathryn Bigelow (Credit: Reuters/Toby Melville)

(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?

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