| 
       
         
         
         
          
        
         
            
              
              
                
                  |  I am powerful, I am omnipotent, I am a hero, I am gigantic, I am 
            colossal. | 
                 
                
                  Esarhaddon1 
            King of Assyria, c. 670 B.C.E. | 
                 
                
                  |   | 
                 
                
                  | All of us have heard this term “preventive war” since the 
            earliest days of Hitler. I recall that is about the first time I 
            heard it. In this day and time … I don’t believe there is such a 
            thing; and, frankly, I wouldn’t even listen to anyone seriously that 
            came in and talked about such a thing. | 
                 
                
                  | 
             President Dwight D. Eisenhower,
            1953, 
            upon being presented with plans to wage preventive 
            war 
            to disarm Stalin’s Soviet Union. 
                     | 
                 
               
              
             
        
         
         
          
        
          
        This is a remarkable, sobering moment in our nation’s history, and 
        the world’s. When the President gave his ultimatum to Saddam Hussein the 
        night of March 17, I thought, “This is what it is 
        to be a citizen of the empire.”2 For, 
        America is now an empire, so the New York Times has told us, and we 
        ought to “get used to it.” But I don’t think I will get used to it. Last 
        September, in publishing his strategy for national security,3 
        the President signaled that he meant to prosecute a new kind of war in 
        American history (new, that is, since the Indian wars4) 
        when he announced a doctrine of preventive first-strike5; 
        that is, authority to make preventive war against any possible threat to 
        (in the words of a Times reporter) this nation’s “enlightened 
        domination of the world.”6 
        Now this nation is at war: not the metaphorical “war on terror,” but 
        the traditional business of killing. This is the president’s new war of 
        prevention. Hundreds of thousands of troops in the awesome, disciplined, 
        professional force that is the American military are in Iraq, where they 
        are searching for, intending to destroy the rule and perhaps lives of, 
        three men – Saddam Hussein and his two sons – and the ring of guards 
        complicit in their despotic regime. My heart is low. We hear of the 
        growing number of deaths among the American and British forces, the 
        civilian casualties on all sides, and even the dead Iraqi soldiers. I 
        wish they were not there. I wish they were not fighting. I hope beyond 
        reason that no more people will die. Whatever the rationale for this 
        war, now that we are in it, I hope we will win honorably. I wish our 
        military people would return home as soon as a just peace can be 
        established; but I fear this won't happen for a very long time. 
        The President tells us that this “homeland” of ours, too, is now a 
        battlefield, because of the September attacks. Recently, I learned that 
        journalists, or at least the Pentagon, now refer to the “battlespace,” 
        rather than battlefield, because of such changes as satellite up-links 
        and the twenty-four hour news cycle. During the first days, my ear on 
        the battlespace was turned for the most part to NPR’s 
        respectful special coverage. But on Thursday, March 19, 
        I happened to hear on CBC’s streaming audio an 
        interview with a Liberal M.P., Mr. John Godfrey. 
        The interlocutor asked his opinion about Canada’s position on the war, 
        which has been to stay at a distance, and whether Canada should question 
        the United States more boldly. Mr. Godfrey replied – I believe I quote 
        him accurately – “A redefinition of America is going on. We should wait 
        for it to settle down: don’t provoke – or go too close.”  
        A redefinition of America is going on. This country seems to me as 
        divided as before the Civil War. The matters at issue are not bondage 
        and rebellion, however, but what kind of nation we have become: how we 
        should conduct ourselves in the world, and how we should treat our 
        people at home. Our country has amassed an astonishing military power, 
        unknown in human history, and has decided to use that power as its 
        principle instrument of foreign policy. And so, refusing to heed the 
        council of so many of its old allies, unwilling to remain within those 
        mutual associations it had carefully built over the last half-century, 
        it has unleashed its might to provoke “shock and awe” over Baghdad. But 
        we had already known shock and awe, here at home, on September
        11, 2001. Is this, now, to be the nature of war?
         
        In this new kind of war, in this battlespace, we look first to 
        history to find the grounds for the right of free speech.7 
        Yet, I am not confidant that legal precedent is our only guide. I must 
        ask why our basic rights were changed after the September attacks, and 
        who has agreed to this.8 I would consider 
        several, to me more disturbing, developments as leading to the present 
        moment. 
        For, I see the President’s war9 as an 
        instrument of his politics, and I suggest that not only the current 
        ground and air war against Iraq, but also the so-called war on terror be 
        understood as part of the redefinition of America remarked on by Mr. 
        Godfrey. I do not believe that we have settled on a new definition of 
        ourselves yet, however. I believe – perhaps desperately, perhaps 
        defiantly – that the political process is still in operation, and that 
        “empire” may not become our permanent condition. 
        If it is not, if we are to recover ourselves, we citizens ought to 
        insist firmly that our public officials offer satisfactory answers to a 
        series of questions. Among them would be these: 
        
        Once the war on Iraq is over – but how will we know when it is 
        over? – must the nation accept the permanent condition of a “war on 
        terror”? Since the end of the Cold War, presidents have come to use 
        the military as the prime instrument of American power. Our troops are 
        deployed in more than one hundred countries, engaged in disarming 
        minefields, fighting drug traffickers, bringing disaster relief, and a 
        multitude of peace-keeping or protective tasks, as well as invading 
        Iraq. Dana Priest, of the Washington Post, writes: “When the 
        fighting stops in Iraq, the U.S. military –
        22-year old infantry soldiers – will again be 
        given the lead in rebuilding civil society there, a mission that could 
        easily take more than 10 years.”10 
        It is the military which now imposes our national will, or that of our 
        President, on the rest of the world. Will this practice continue with 
        the consent of the governed? 
        An extension of military dominance is the missile defense program,11 
        which is to be operational within two years. Ostensibly, it is being 
        assembled for our protection against “rogue” states like North Korea. 
        More important, however, it is meant to achieve the “weaponization” of 
        space, dominated by this enlightened nation. Will we desist from this 
        course of aggression? 
        
        And our domestic safety is to be secured by every-growing secrecy12 
        of government, restriction of information, hiding of documents from 
        public view, including increasing the difficulty of FOIA 
        searches, classification of documents, and extending the length of time 
        documents are left classified from public knowledge. Will our civil 
        liberties continue being limited and reduced? 
        Are we to live in a permanent state of “war”? Have we the governed 
        consented to this? Who benefits from this? 
        
        In that light, I am going to watch what happens on a number of 
        fronts, including: 
        1. The USA Patriot Act. Senator Russ Feingold’s 
        (D-Wis) lone voice against the passage of that 
        too-quickly enacted law remains available on Archipelago.13 
        I will follow the progress of H.R. 1157, The 
        Freedom to Read Protection Act, introduced on March 6, 
        which allows us some slightly increased protections against
        F.B.I. Under the Patriot 
        Act, the F.B.I. is allowed to search bookstore and 
        library records with a warrant obtained from the secret 
        FISA court “without even the need to show probable cause of 
        criminal activity or an individual’s connection to a foreign power,” 
        writes Pat Schroeder, President of the Association of American 
        Publishers. “Librarians and booksellers cannot reveal the fact that such 
        a warrant exists and so they cannot defend their right to disseminate, 
        and the right of their patrons to receive, constitutionally-protected 
        materials.”14 
        Given the very troubling provisions of the Act, this is the least of 
        it. 
        Congress passed the Foreign Intelligence Surveillance Act
        (FISA, 1978)15
        after the excesses of Federal spying on domestic political groups 
        in the years of the Vietnam war and civil rights movement. Its purpose 
        was to allow gathering of counterintelligence information, not to bring 
        criminal prosecutions. Under the guidance of a team of lawyers from the 
        Justice Department, the F.B.I. would conduct 
        surveillance. But the Act quietly instituted a new judicial layer, by 
        creating a special – that is, secret – court of sitting federal judges 
        who would approve FISA wiretaps in the same way 
        regular judges approve criminal wiretaps. 
        For the following twenty-four years, the F.B.I. 
        always got its approval of secret wiretaps (perhaps 
        10,000, rather than the few hundred each year, as was originally 
        supposed), until last May, when the secret FISA 
        court – for the first time, apparently – refused Ashcroft’s request, 
        saying the F.B.I. evidence was defective. The 
        public did not learn about this until August, when the Washington 
        Post published the story.16 
        The Patriot Act authorizes the reduction of – to the point of nearly 
        eliminating – standard Fourth Amendment protections of any persons 
        subject to criminal investigations, allowing the government to use the 
        less stringent presumptions of intelligence while investigating American 
        citizens. 
        I will also watch as an increasing number of municipalities17 
        take a public stand against the Patriot Act. Will 
        that change, now? Let us see. 
        2. Language and propaganda (the underbelly of language). We have many 
        sources of direct, reliable information now, because of the Internet and 
        the World Wide Web. Regularly, I read or listen to the New York Times, 
        the Washington Post, Ha’aretz, the International Herald 
        Tribune, The Guardian, the CBC, BBC World 
        Service, and other sources.18 I read blogs 
        – web logs; a very fine one is run by Helena Cobban, at Just World News.19 
        I receive and send information and opinion by e-mail. If I remain 
        eternally vigilant, I may be among those who continue to secure our 
        liberty. 
        But let me note how vigilant we must remain, with one not untypical 
        example, from a White House briefing by Ari Fleischer on March
        20. “Mr. Fleischer disputed the view of Europeans 
        and others who argue that the pending invasion is a violation of the 
        United Nations Charter. He cited three Security Council resolutions that 
        he said provided all of the authorization Mr. Bush needed. But he also 
        likened the current preparations to the Cuban missile crisis in 1962, 
        arguing that just as President John F. Kennedy imposed a quarantine 
        around Cuba – ‘an act of war,’ Mr. Fleischer said – to force Havana to 
        remove nuclear Missiles, Mr. Bush is acting to protect the United States 
        from a threat that it would never see coming.”20 
        I do not know if the assembled reporters gasped at the untruth of Mr. 
        Fleischer’s statement. I gasp at it, and correct him: a quarantine is 
        specifically not an act of war. That is why President Kennedy did 
        not impose a blockade, which is such an act. 
        3. How the post-war reconstruction is managed, particularly in regard 
        to the contracts already let to Halliburton, Bechtel and other 
        trans-national corporations.21 (That the 
        Vice-President came to office from Halliburton
        should have, I would have thought, raised questions before the 
        President began the war.) As I write, it appears that this government 
        intends to continue on its present course, insisting, as Secretary 
        Powell has done to Congress, that the coalition forces – that is 
        America, Britain, and Australia, the three combatants – would remain in 
        control of Iraq post-war. How, and whether, the other members of the 
        United Nations could provide humanitarian assistance and development is 
        unclear. It looks to have become a question, in lesser part, of the 
        distribution of power and the spoils; and, in greater part, of 
        responsibility for the destruction of the country and death and wounding 
        of its citizens. 
        Compared to the humanitarian crisis, this next point seems almost 
        trivial. The reconstruction of Iraq is related, directly and indirectly, 
        to our energy policies, as well, because of the role those transnational 
        companies play in oil development. The matter will turn on whether our 
        government will allow Iraq, the nation, to control its oil fields. 
        A few other questions: 
        4. Who was responsible for bugging the headquarters of the European 
        Union,22 in particular, the offices of the 
        French and German representatives? This was revealed during the week 
        before the war was started, but no responsible party has been found or, 
        at least, named. 
        5. How the Air Force reports on the recurring incidence of rape of 
        young women at the Academy, and the recurring non-prosecution of 
        culprits.23 
        6. Cyberwar. After the September attacks, the Administration and 
        Congress, concerned that computers and the Internet are vulnerable to 
        both espionage and crime, organized various commissions to protect and 
        defend aggressively what they often call “cyberspace.” In February of 
        this year, according to the Times, “President Bush has signed a 
        secret order allowing the government to develop guidelines under which 
        the United States could launch cyber-attacks against foreign computer 
        systems…. The United States has never conducted a large-scale 
        cyber-attack, but officials said last month that the unfolding 
        cyber-strategy plan made it more clear than ever that the Defense 
        Department can wage cyber warfare if the nation is attacked.”24 
        James Gilmore III, director of the Advisory 
        Panel to Assess Domestic Response Capabilities for Terrorism Involving 
        Weapons of Mass Destruction (known as the Gilmore Commission) and 
        formerly, Republican governor of Virginia, was interviewed on
        NPR on March 20. He 
        suggested that we ought to keep two things in mind at the same time: the 
        importance of our civil liberties, and the need for security. He noted 
        that people tend to be more vigilant about liberties when they feel more 
        secure; and suggested that we should recollect that risk is part of 
        life; that we live with a new sort of risk; but that we are an 
        “individualistic, liberty-loving people and would not give up our 
        liberties easily.” He fudged when asked whether the Administration is 
        (as many people think, said his questioner) working to limit our civil 
        rights. 
        I note that on March 27, al-Jazeera’s Web site 
        was hacked by a group calling itself Patriot Freedom Cyber Force 
        Militia.”25 I draw no conclusions (nor do I 
        mean to imply even faintly that the Gilmore Commission is involved in 
        cyberwarfare) but, being in the business myself, I remain attentive to 
        the breadth of possibility. 
        My last but most important question is, How will our political 
        speech be limited? 
        
        Our genius as a nation is that we are a secular polity formed by a 
        marvelous Constitution, in which the ever-larger inclusion of 
        citizenship has been fought for and won over the last 225 
        years. Our civil rights, too, have been fought for and won. Are they 
        permanent, however? Although he denied having done so, Robert McNamara 
        had commissioned the writing of a secret history of the Vietnam War. Are 
        secret histories being written now, I wonder; have they been written; 
        and will the Administration’s doctrine of secrecy require another Daniel 
        Ellsberg to bring them to light? 
        But so much of what lies before us is not secret. The respectable 
        media have reported on when the American drive toward war began; who the 
        advisors responsible for planning it are; and why they thought it 
        necessary to do so. For this very reason, I am deeply concerned about 
        the continued, well-organized expansion of government secrecy, such as 
        the executive order that will keep presidential papers hidden for 
        decades from public scrutiny; and the authority allowing the
        F.B.I. to examine our most intimate records, 
        without our knowing, on the merest suspicion of some vague possible 
        threat from someone we once sat next to on an airplane; and the rule 
        that authorizes the Immigration and Naturalization Service to track our 
        movements even beyond our borders. A sample of recent headlines tells 
        more of this troubling story: 
        “U.S. to Make Airlines Give Data on Americans 
        Going Overseas” 
        “U.S. Hopes to Check Computers Globally” 
        “How a Deal Creating an Independent Commission on Sept.
        11 Came Undone” 
        “Grounded: The Government’s Air Passenger Blacklist” 
        “Government intercepts, confiscates AP 
        reporters’ package – Federal officials opened a package mailed between 
        two reporters and illegally turned the contents over to the Federal 
        Bureau of Investigation” 
        “Tucson Citizen photographer arrested while shooting campus protest” 
        “Leaked Bill would increase terrorism action secrecy”26 
        Last November, according to the Post, “a new Pentagon research 
        office began designing a global computer-surveillance system to give 
        U.S. counterterrorism officials access to personal information in 
        government and commercial databases around the world.” The director of 
        this office, John H. Poindexter, had the weird, 
        shocking authority to collect every electronic record about every 
        American citizen – and, it seems, citizens of other nations, into a 
        national database. Let us not forget: this is the same Admiral 
        Poindexter who was convicted of crimes in the anti-constitutional 
        Iran-Contra arms sales of the Reagan administration.27 
        We are watching our civil rights vanish before our eyes, in the name 
        of an impossible goal of “security.” Surely, Americans can learn to live 
        with greater risk at home without redefining their nation into the 
        imperial, and frightening, governor of the world.28 
        Yet at this moment, the accumulated power of the presidency looks 
        monolithic, while the opposition absents itself from the fray. I live in 
        hope that it is still possible to make the political process work for 
        those of us who were in the majority in 2000, and 
        a hair’s breadth away from it in 2002. America is 
        riven by at least two (opposing) theories of power and governance: a 
        doctrine of unilateral power, against a belief in shared sovreignty and 
        multilateral alliances. These political ideas animate our people 
        domestically as well as internationally, and neither side, however 
        bitterly opposed to the other, can claim to love this nation more. No 
        one of us is less a patriot than any other fellow citizen, though our 
        differences be sharp and seem nearly insoluble. 
        The Israeli journalist Amira Hass, daughter of European Jews who 
        escaped the Holocaust and found refuge in Palestine, now reports from 
        Ramallah. Her colleague Robert Fisk writes about her: “‘There is a 
        misconception that journalists can be objective…. Palestinians tell me 
        I’m objective. I think this is important because I’m an Israeli. But 
        being fair and being objective are not the same thing. What journalism 
        is really about – it’s to monitor power and the centres of power.’” 
        I am not a journalist, but I think she is right.  
        March 29, 2003 
        
          
        
        Notes 
        
        1 See Leo Tolstoy, “Esarhaddon, King of Assyria,” from
        STORIES GIVEN TO AID THE PERSECUTED JEWS, at “Leo 
        Tolstoy: Twenty-three Tales”. 
        2 See 
        President Says Saddam Hussein must leave 
        Iraq within 48 Hours, March 17, 
        2003 l; 
        “Iraq Ultimatum,” Slate, September 9, 2002 Philip H. Gordon, 
        Martin S. Indyk, and Michael E. O’Hanlon, Brookings Institution ; 
        John Lewis Gaddis, “A Grand Strategy of Transformation,” Foreign 
        Policy; 
        Michael Ignatieff, “The Burden,” New York Times Magazine, January
        5, 2003. 
        3 National 
        Security Strategy of the United States. 
        The President’s 
        Introduction to the National Security Strategy, September 2003, in which he 
        announced America’s doctrine of preventive strikes: “And, as a matter of 
        common sense and self-defense, America will act against such emerging 
        threats before they are fully formed.” (Ital. added) 
        
          
            
        
          
            …….. 
            The gravest danger our Nation faces lies at the crossroads of 
            radicalism and technology. Our enemies have openly declared that 
            they are seeking weapons of mass destruction, and evidence indicates 
            that they are doing so with determination. The United States will 
            not allow these efforts to succeed. We will build defenses against 
            ballistic missiles and other means of delivery. We will cooperate 
            with other nations to deny, contain, and curtail our enemies’ 
            efforts to acquire dangerous technologies. And, as a matter of 
            common sense and self-defense, America will act against such 
            emerging threats before they are fully formed. We cannot defend 
            America and our friends by hoping for the best. So we must be 
            prepared to defeat our enemies’ plans, using the best intelligence 
            and proceeding with deliberation. History will judge harshly those 
            who saw this coming danger but failed to act. In the new world we 
            have entered, the only path to peace and security is the path of 
            action. 
            As we defend the peace, we will also take advantage of an 
            historic opportunity to preserve the peace. Today, the international 
            community has the best chance since the rise of the nation-state in 
            the seventeenth century to build a world where great powers compete 
            in peace instead of continually prepare for war. Today, the world’s 
            great powers find ourselves on the same side— united by common 
            dangers of terrorist violence and chaos. The United States will 
            build on these common interests to promote global security. We are 
            also increasingly united by common values. Russia is in the midst of 
            a hopeful transition, reaching for its democratic future and a 
            partner in the war on terror. Chinese leaders are discovering that 
            economic freedom is the only source of national wealth. In time, 
            they will find that social and political freedom is the only source 
            of national greatness. America will encourage the advancement of 
            democracy and economic openness in both nations, because these are 
            the best foundations for domestic stability and international order. 
            We will strongly resist aggression from other great powers—even as 
            we welcome their peaceful pursuit of prosperity, trade, and cultural 
            advancement…. 
          
        
         
          
        
        
        See also, “Chronology: The Evolution of the Bush Doctrine,” 
        Frontline 
        
        4 A correspondent reminded me that the Mexican War also was a 
        war of aggression. Lincoln spoke out against it in congress and Grant, 
        in his memoirs, said that he thought it was the most unjust war ever 
        waged by a powerful nation against a lesser one. 
        
        5 “Preventive” has become the commonly-used term to describe 
        this President’s doctrine, although “pre-emptive” appeared in early 
        reports; the two words have different meanings in international law. 
        See, for instance, Mike Allen and Barton Gellman, “Preemptive Strikes 
        Part of U.S. Strategic Doctrine,” Washington 
        Post, Dec. 10, 2002. 
        
          
            
        
          
            A Bush administration strategy announced yesterday calls for the 
            preemptive use of military and covert force before an enemy 
            unleashes weapons of mass destruction, and underscores the United 
            States’s willingness to retaliate with nuclear weapons for chemical 
            or biological attacks on U.S. soil or against American troops 
            overseas. 
            The strategy introduces a more aggressive approach to combating 
            weapons of mass destruction, and it comes as the nation prepares for 
            a possible war with Iraq…. (continued) 
          
        
         
          
        
        
        See also, David E. Sanger, “U.S. Issues 
        Warning to Foes in Arms Plan,” New York Times, December
        11, 2002.  
      
         See also, Jon Bonne, “Is a U.S. 
        war against Iraq illegal?” MSNBC.com, 
        March 20, 2003. 
        
        6 Todd S. Purdom, “The Brains Behind Bush’s War,” New York 
        Times, February 1, 2003. 
        
        7A thoughtful, scholarly discussion of the legal precedents 
        of restrictions on, and freedom of, speech during wartime occurred at 
        the Virginia Festival of the Book, March 21, 2003. 
        Profs. Henry Abraham, Barbara Perry, and Robert O’Neil offered 
        contrasting perspectives on the past and present right of free speech in 
        wartime. Their discussion is available on streaming audio at 
        VaBook, part 1 
        (scroll down). This writer was the fourth member of the panel and was 
        asked to offer a current perspective as publisher and editor; those 
        remarks, an earlier version of the present essay, and discussion and 
        questions among the panel, are available on part 2. 
        
        8 Among many articles warning about an increase in government 
        secrecy and intrusion into citizens’ affairs was William Safire’s 
        column, “You Are A Suspect,” New York Times, November
        14, 2002, which reads, in part: 
        
          
            
        
          
            If the Homeland Security Act is not amended before passage, here 
            is what will happen to you: 
        
          
            Every purchase you make with a credit card, every magazine 
            subscription you buy and medical prescription you fill, every Web 
            site you visit and e-mail you send or receive, every academic grade 
            you receive, every bank deposit you make, every trip you book and 
            every event you attend — all these transactions and communications 
            will go into what the Defense Department describes as “a virtual, 
            centralized grand database.” 
            To this computerized dossier on your private life from commercial 
            sources, add every piece of information that government has about 
            you — passport application, driver’s license and bridge toll 
            records, judicial and divorce records, complaints from nosy 
            neighbors to the F.B.I., your lifetime paper 
            trail plus the latest hidden camera surveillance — and you have the 
            supersnoop’s dream: a “Total Information Awareness” about every
            U.S. citizen.  
            This is not some far-out Orwellian scenario. It is what will 
            happen to your personal freedom in the next few weeks if John 
            Poindexter gets the unprecedented power he seeks…. 
            This ring-knocking master of deceit is back again with a plan 
            even more scandalous than Iran-contra. He heads the “Information 
            Awareness Office” in the otherwise excellent Defense Advanced 
            Research Projects Agency, which spawned the Internet and stealth 
            aircraft technology. Poindexter is now realizing his 20-year dream: 
            getting the “data-mining” power to snoop on every public and private 
            act of every American. 
            Even the hastily passed U.S.A. Patriot Act, 
            which widened the scope of the Foreign Intelligence Surveillance Act 
            and weakened 15 privacy laws, raised 
            requirements for the government to report secret eavesdropping to 
            Congress and the courts. But Poindexter’s assault on individual 
            privacy rides roughshod over such oversight. (continued) 
          
        
         
          
        
        
        See also, Adam Clymer, “Government Openness at Issue as Bush 
        Holds Onto Records,” New York Times, 
        January 3, 2003. 
       
        9
        The President Addresses the Nation, March 19, 
        2003: the opening of hostilities. 
        
        10
        WashingtonPost.com Live OnLine. 
        Dana Priest, THE MISSION: WAGING WAR AND KEEPING PEACE 
        WITH AMERICA’S MILITARY. New York: Norton,
        2003. 
        
        11 See, Eric Schmitt, “Bush Ordering Limited Missile 
        Shield,” New York Times, December 18, 2002: 
        
          
            
            
            WASHINGTON, Dec. 17   - After nearly two decades of debate 
            over the wisdom and utility of trying to intercept missiles fired at 
            the United States, President Bush today ordered the Pentagon to 
            field a modest antimissile system within two years. If it works, it 
            could intercept a limited attack from a state like North Korea. 
            Mr. Bush’s decision marked a major turning point 
            in a debate that has consumed Washington and defense organizations 
            since Ronald Reagan first announced plans for a far more ambitious 
            space-based missile shield. A year ago, Mr. Bush withdrew from a 
            treaty signed in 1972 with the Soviet Union that banned such 
            systems; his action today marked the first time the United States 
            had actually moved to field such a system, even though its 
            capabilities are far more limited than proponents once hoped, and 
            its reliability is still in doubt…. (continued) 
          
        
        
          
        
        
        See also, Michael Wines, “Moscow Miffed Over Missile Shield but 
        Others Merely Shrug,” New York Times, December 
        19,2002: 
        
          
            
            
            MOSCOW, Dec. 18   - Russia warned today that President 
            Bush’s order to field a limited missile-defense system in
            2004 had pushed the venture into “a 
            destabilizing new phase,” but here, as in many places, weary shrugs 
            were the dominant response to the American decision, which had long 
            been considered inevitable…. (continued)
          
        
        
          
        
        
        Also, “Opposition Unlikely for Missile Defense,” New York 
        Times, December 18, 2002. 
        
        Also, Katherine McNamara, “The Bear,” Archipelago, Vol.
        5, No. 4. 
      
        12 See, for example, Adam Clymer, “U.S. 
        Ready to Rescind Clinton Order on Government Secrets,” New York Times, 
        March 21, 2003:  
        
          
            
            
            WASHINGTON,   March 20 - Making it 
            easier for government agencies to keep documents secret, the Bush 
            administration plans to revoke an order issued by President Bill 
            Clinton that among other provisions said information should not be 
            classified if there was “significant doubt” as to whether its 
            release would damage national security.
            The new policy is outlined in a draft executive order being 
            circulated among federal agencies. A final version is expected to be 
            adopted before April 17, when the last 
            elements of the Clinton order would take effect, requiring automatic 
            declassification of most documents 25 or more 
            years old. Under the draft, such automatic declassification would be 
            postponed until Dec. 31, 2006…. (continued) 
          
        
        
          
        
        
        See also, NCH WASHINGTON UPDATE (Vol.
        9, #13; 27 March 2003) by 
        Bruce Craig 
        National Coalition for History (NCH): 
        
          
            
            
            BUSH ISSUES NEW SECRECY EXECUTIVE ORDER   On 
            25 March 2003 President George W. Bush 
            signed a 31-page Executive Order “Further 
            Amendment to Executive Order 12958, As 
            Amended, Classified National Security Information” (EO 
            13291) replacing the soon-to-expire Clinton-era
            E.O. relating to the automatic 
            declassification of federal government documents after
            25 years. With a handful of exceptions, the 
            new EO closely corresponds to a draft obtained 
            by the National Coalition for History and distributed via the 
            Internet earlier in March (See “Draft Executive Order Replacing
            EO 12958 Circulates” — NCH 
            WASHINGTON UPDATE, Vol. 9, #11; 13 
            March 2003).
            The announcement of the president’s signing the EO 
            appears to have been carefully orchestrated by the White House to 
            minimize public attention to the new order. One press insider 
            characterized the strategy employed by the White House as “advance 
            damage control.” The administration tactic managed to short circuit 
            a repeat of the public relations disaster that followed the release 
            of the Presidential Records Act EO in
            2001. (continued) 
          
        
        
          
        
        
        See also, “Leahy introduces ‘Restore FOIA’ 
        bill to amend Homeland law. A bill to curb the Homeland Security Act 
        provision criminalizing disclosure of some business-submitted 
        information was introduced in the U.S. Senate Wednesday.  
        
        “March 13, 2003 — Sen. Patrick Leahy (D-Vt.) 
        introduced the ‘Restoration of Freedom of Information Act’ today to 
        combat requirements for secrecy in legislation establishing the 
        Department of Homeland Security, which Congress passed in November.” (continued) 
         
        
        Also,
        
        Senator Robert Byrd’s Web site. 
        
        Also, Adam Clymer, “Government Openness at Issue as Bush Holds 
        Onto Records,” New York Times, 
        January 3, 2003. 
        
        13 Senator Russell Feingold, “On Opposing the 
        U.S.A. PATRIOT Act,” Archipelago, Vol. 6, 
        No. 2. 
        
        See also, Senator Feingold, “’Confused Justifications and Vague 
        Proposals’: Why I Oppose Bush’s Iraq War Resolution,” Counterpunch, October 
        10, 2002 
             
        14Association 
        of American Publishers 
        and
         AAP 
        Freedom to Read Committee. 
        
        See also, Association of American 
        University Publishers and
        Books for Understanding 
        the United States at War. 
        
        Also, American Library 
        Association Office for Intellectual Freedom. 
        
        Also, American Booksellers Foundation for Free Expression, 
        “Saunders Seeks Change in USA 
        Patriot Act to Protect Bookstore Privacy”. 
        
        
        
        15 The Foreign Intelligence Surveillance Act (FISA, 
        1978): The passage following is from “America’s Secret Court,” by 
        Paul DeRienzo and Joan Moossy. The article is undated but was written 
        before the September 2001 attacks, and the passage 
        of the USA PATRIOT Act (see Senator Russell 
        Feingold’s speech, cited above) and the recent Homeland Security Act. 
        These laws have only increased the intrusive powers of the Federal 
        government. The passage offers some background. 
        
          
            
        
          
            The roots of FISA lie in the social 
            upheavals that convulsed the country in the 1960s 
            and ‘70s. During that time, countless citizens 
            were drawn into a plethora of political-activist groups, from the 
            civil-rights movement to anti-war organizations. Demonstrations and 
            riots rocked cities and college campuses as Americans began to 
            question seriously the government’s war in Vietnam. The federal 
            government moved quickly to stanch the tide of opposition and social 
            change through a program of dirty tricks and unprecedented 
            violations of personal rights and privacy, often justified as 
            necessary for national security.  
            The government’s abuse of the Constitution eventually reached its 
            height with the Watergate break-in and subsequent scandal that 
            resulted in the near-impeachment and consequent resignation of 
            President Nixon, who had ordered break-ins, known as black-bag jobs, 
            against his Democratic opponents in the 1972 
            election. To defend his actions, Nixon argued that the president has 
            an “inherent authority” as chief executive to suspend the 
            Constitution in an emergency. Abraham Lincoln had limited 
            habeas-corpus rights during the Civil War, and Franklin Roosevelt 
            had interned thousands of Japanese-Americans in camps after Pearl 
            Harbor.  
            Public outrage over Nixon’s abuses led to a 1976 
            investigation by the Senate Select Committee on Intelligence. 
            Testimony before the committee, which was headed by Senator Frank 
            Church of Idaho, revealed that the nation’s intelligence agencies 
            had consistently ignored and violated the Constitution for more than 
            a quarter century. Among other abuses, the FBI was held responsible 
            for the infamous COINTELPRO 
            counterintelligence program that targeted those whom Hoover and 
            Nixon perceived as political enemies: the Black Panther party, the 
            American Indian Movement, and a host of popular leaders, including 
            the Reverend Martin Luther King, Jr., and Malcolm X. 
            To Senator Church, all this was “one of the sordid episodes in the 
            history of American law enforcement.”  
            The findings of the Church Committee clearly established that 
            there needed to be strict separation of federal domestic law 
            enforcement from the government’s counterintelligence activities. 
            Ever since passage of the Omnibus Crime Control Act of
            1968, electronic surveillance in criminal 
            investigations has required a warrant signed by a judge. But the
            ‘68 law had left open an exception in cases of 
            national security, a loophole exploited by Nixon and his cronies. As 
            designed ten years later, the primary purpose of FISA 
            was to gather counterintelligence information, not to make criminal 
            prosecutions. Surveillance would be conducted under the guidance of 
            the Justice Department, employing a team of lawyers to work with the 
            attorney general and the FBI An innovation 
            proposed by then Attorney General Griffin Bell created a special 
            court of sitting federal judges who would approve 
            FISA wiretaps the same way judges approve criminal wiretaps.
             
            The main targets of FISA were supposed to 
            be foreign intelligence agents working as part of their country’s 
            diplomatic missions in the United States. Although the
            U.S. Supreme Court has yet to hear a
            FISA case, lower courts have ruled that “once 
            surveillance becomes primarily a criminal investigation ... 
            individual privacy interests come to the fore and government 
            foreign-policy concerns recede.” Yet the fact that evidence acquired 
            from a FISA surveillance can be used to make a 
            criminal prosecution has led some critics to charge that the
            FBI is taking advantage of the law to make 
            arrests…. (continued in six parts) 
          
        
         
          
        
        
        See also, Eric Lichtblau with Adam Liptak, “On Terror and Spying, 
        Ashcroft Expands Reach,” New York Times, 
        March 15, 2003. 
       
        
       
        16 Dan Eggen and Susan Schmidt “Secret Court Rebuffs Ashcroft, 
        Justice Dept. Chided On Misinformation,” Washington Post, 
        August 23, 2002. 
       
        
       
        17  See, “Cities Say No to Federal Snooping (December
        19, 2002) ‘Fearing that the Patriot Act will 
        curtail Americans’ civil rights, municipalities across the country are 
        passing resolutions to repudiate the legislation and protect their 
        residents from a perceived abuse of authority by the federal 
        government.’” American Library Association, USA PATRIOT 
        Act 
       
        
       
        18 See, the New York Times, 
        the Washington Post, 
        Ha’aretz, the 
        International Herald Tribune, 
        The Guardian, the
        CBC,
        BBC 
        World Service. 
        
        
        
        19 Helena Cobban’s
        Just World News; 
        war blogs; “Where’s Raed,” Salam Pax’s blog 
        from Baghdad. In addition, although hardly a 
        blog, is George Loper’s excellent 
        Web site in Charlottesville, Va., designed as a medium of community 
        discussion on-line. 
        
        
        
        20 See, John Kifner, “Intense Bombardment of Baghdad 
        Lasts About 10 Minutes,” New York Times, 
        March 20, 2003. 
        See also, the 
        official White House press briefing log, March
        19,2003 
        
          
            
            
            Q:   Ari, going back to this idea of this being the first 
            preemptive or preventive war. What are other countries to make of 
            this? What about other countries who might seize on this and take 
            their own preemptive action? 
            
            MR. FLEISCHER:  Well, again, I harken back to what I said 
            about the Cuban missile crisis. And you will have different 
            historians come to different conclusions about different events, 
            but, certainly, in the Cuban missile crisis the United States was 
            not attacked; the United States imposed a quarantine or an embargo, 
            which, as I indicated earlier, people can call an act of war. That 
            has been one of the ways people have looked at it.
          
        
        
          
        
        
          
        
        21 A report on Halliburton KBR’s 
        long-term employment in the rebuilding of Afghanistan, by Jordan Green, 
        “The Influence of big energy corporations in the Bush administration is 
        no secret,” Institute for Southern Studies Report, was posted Feb.
        1, 2002, on
        Institute for Southern Studies. 
        (The report is no longer posted, but may be available by subscription). 
        Green writes, 
        
          
            
        
          
            Last December [2001], the US 
            Department of Defense made a no-cap, cost-plus-award contract to 
            Halliburton KBR’s Government Operations 
            division. The Dallas-based company is contracted to build forward 
            operating bases to support troop deployments for the next nine years 
            wherever the President chooses to take the anti-terrorism war…. 
            The Pentagon posts all contract announcements exceeding
            $5 million on its Website, but in 
            Halliburton’s case declined to disclose the estimated value of the 
            award. A spokesperson for Halliburton gave $2.5 
            billion as the amount the company earned from base support services 
            in the 1990s, acknowledging that the contract 
            value alone could exceed that number assuming that the scope of
            US military actions widens in the next decade. 
            Though the Pentagon may be wary of admitting its favor towards 
            Halliburton, the British Ministry of Defence showed no such 
            reticence. In the third week of December 2001, 
            the Defence Ministry awarded Halliburton’s subsidiary Brown & Root 
            Services $418 million to supply large tank 
            transporters, capable of carrying tanks to the front lines at speeds 
            of up to 50 miles per hour…. 
            Halliburton has close contacts with the Bush family. Aside from 
            Cheney, there is Lawrence Eagleburger, a Halliburton director and 
            former deputy secretary of defense under Bush Sr. during the Gulf 
            War. 
            In its earlier incarnation as Brown & Root 
            Services, the company sponsored Texan and future president Lyndon 
            Johnson’s stolen election to the US Senate in 1948, 
            building the state’s spectacular political-industrial muscle. 
            As the number-one field services company in the world, 
            Halliburton had an active interest in position itself to exploit the 
            newly-opened oil and gas fields in adjoining Uzbekistan, where the
            US Army’s 10th 
            Mountain Division already occupies a base. 
            The Bush Administration’s chief corporate interest is in 
            advancing the fortunes of the energy industry. National Security 
            Advisor Condoleeza Rice is a former board member of Chevron, which 
            has been operating the Tengiz oil fields in neighboring Kazakhstan 
            through the past decade. Commerce Secretary Don Evans is the former 
            chairman of the Denver-based oil firm Tom Brown Inc. Houston-based 
            Enron, whose phenomenal implosion has recently brought critical 
            attention, was the single biggest contributor to the Bush campaign 
            last year…. 
          
        
         
          
        
        However, cause-and-effect relationships ought not be supposed, as 
        Lawrence Eagleburger (and his former colleague Gen. Brent Scowcroft) 
        publicly expressed serious doubts about undertaking war with Iraq. 
        See
        
        War with Iraq: Scowcroft and Eagleburger Speak at Miller Center 
        Sponsored Forum. 
        On the other hand, see Pratap Chatterjee, “Halliburton Makes a 
        Killing on Iraq War; Cheney's Former Company Profits from Supporting 
        Troops,”
        CorpWatch, March 20, 2003. 
        
        22 “Bugging devices found at EU,” BBC 
        News 
        
        
        
        23 Robert Gehrke, “Air Force Secretary Reports 
        54 Cases of Rape, Assault,” Washington Post
        
        (AP), March 6, 2003. 
        
        Also,
        
        continued coverage of the Academy, and matters concerning women and the 
        military 
        Also, “The War Against Women,” New York Times Editorial, 
        January 12, 2003. 
       
        
       
        24 See, 
        National Strategy to Secure Cyberspace September 2002 
       
        See also, “Bush Signs Directive on Cyber Attacks,” (AP), New 
        York Times, February 7, 2003. 
        
          
            
        
          
            WASHINGTON (AP) – President Bush has signed a secret order 
            allowing the government to develop guidelines under which the United 
            States could launch cyber-attacks against foreign computer systems, 
            administration officials said Friday. 
            The United States has never conducted a 
            large-scale cyber-attack, but officials said last month that the 
            unfolding cyber-strategy plan made it more clear than ever that the 
            Defense Department can wage cyber warfare if the nation is attacked. 
            (continued) 
          
        
         
          
        
        
        Also, Bradley Graham, “Bush Orders Guidelines for Cyber-Warfare,”
        Washington Post, February 6,2003. 
        
          
            
        
          
            President Bush has signed a secret directive ordering the 
            government to develop, for the first time, national-level guidance 
            for determining when and how the United States would launch 
            cyber-attacks against enemy computer networks, according to 
            administration officials. 
            Similar to strategic doctrine that has guided the use of nuclear 
            weapons since World War II, the cyber-warfare 
            guidance would establish the rules under which the United States 
            would penetrate and disrupt foreign computer systems.  
            The United States has never conducted a 
            large-scale, strategic cyber-attack, according to several senior 
            officials. But the Pentagon has stepped up development of 
            cyber-weapons…. (continued) 
          
        
         
          
        
        
        Also, FindLawForum (CNN), “We 
        don’t need a new secret ‘cyber-court’ for hackers.” 
        
        Also, “Gilmore Commission critical of Bush cybersecurity plan,” 
        Computerworld.com 
        
        
        
        25 See, “Hackers bring down al-Jazeera 
        news site” 
        
        
        
        26 Links to headlines: 
        “U.S. 
        to Make Airlines Give Data on Americans Going Overseas”  
        “U.S. 
        Hopes to Check Computers Globally” 
        “How a Deal Creating an Independent Commission on Sept.
        11 Came Undone” 
        “Grounded: 
        The Government’s Air Passenger Blacklist” 
        “Government intercepts, confiscates AP 
        reporters’ package – Federal officials opened a package mailed between 
        two reporters and illegally turned the contents over to the Federal 
        Bureau of Investigation” 
        “Tucson Citizen photographer arrested 
        while shooting campus protest” 
        “Leaked Bill would increase terrorism action secrecy” (the so-called 
        “Patriot II” Bill) 
        
        
        
        27 See Arthur L. Limon, “Hostile Witnesses,” The Washington 
        Post, August 16,1998. 
        
          
            
        
          
            The Iran-contra scandal burst upon the scene in November
            1986 when it was first reported in a Lebanese 
            newspaper that President Ronald Reagan had approved the sale of 
            missiles to Iran in exchange for American hostages in Lebanon. 
            Later, Justice Department lawyers found evidence that proceeds from 
            the arms sales had been diverted to illegally fund the contra 
            anticommunist guerrillas in Nicaragua in circumvention of the Boland 
            Amendment banning U.S. aid to the rebels. It 
            was an audacious, covert scheme – known by its participants as “the 
            Enterprise” – carried out largely by a small group of top 
            administration officials and private operators without the knowledge 
            of Congress. And when it began to unravel, the foremost question 
            congressional investigators faced was the classic one echoing from 
            the days of Watergate: What did the president know and when did he 
            know it? 
            Arthur L. Liman, a renowned New York corporate lawyer who had 
            been involved in many big-time cases, was brought in as chief 
            counsel for the Senate special committee set up to investigate. 
            Liman helped conduct 40 days of controversial 
            public hearings that made Marine Lt. Col. Oliver North a household 
            name but were inconclusive about Reagan's role. Liman's memoirs, 
            which are being published posthumously next month, recall those days 
            when a president's fate hung in the balance. 
            Liman died last year before Whitewater metamorphosed into 
            Monicagate, but he almost certainly would have stuck to the view 
            expressed in his memoirs that the high crimes and misdemeanors 
            alleged in Iran-contra posed a far more serious threat to American 
            democracy and our system of checks and balances. Even Watergate – a 
            bungled burglary followed by a White House-orchestrated cover-up – 
            was less threatening, Liman argued. He saw Iran-contra as a 
            deliberate effort to conduct foreign policy in secret by using a 
            private organization motivated by profit and accountable to no one. 
            Whitewater, by contrast, involved mainly pre-presidential financial 
            activities that posed no constitutional issue or question of 
            presidential accountability, according to Liman, who said the 
            country could not afford to incapacitate a president by a drawn-out 
            investigation that questioned his legitimacy…. (continued) 
          
        
         
          
        
        
        See also, 
        Iran Contra Alumni in Bush Government (AP), 
        March 13, 2002. 
       
        
       
        28  See Ian Bruce’s brilliant Flash movie, “Technical 
        Difficulties,” on MoveOn.org. 
        
        Other sites of interest:  
       
        
        
        Robert Fisk, “The 
        Keys of Palestine,” Archipelago, Vol. 6, Nos. 3/4. An interview with 
        Fisk from Baghdad, March 25, is on
        Democracy Now. 
       
        “Patriotism and the Right of Free Speech 
        in Wartime.” A panel discussion broadcast on C-Span March 21, 2003, with 
        Profs. Henry Abraham, Barbara Perry, and Robert O'Neil, and Katherine 
        McNamara, Editor and Publisher of Archipelago. Streaming audio of the 
        panel discussion is available at
        Virginia 
        Festival of the Book  (scroll down). 
       
        
        Thomas Jefferson Center for the Protection of Free Expression 
       
        “Weapons of Mass 
        Instruction” children’s book list 
        Republican National Committee 
        Democratic National Committee 
        Cato Institute, 
        March 17, 2003 
        United States at the United Nations: 
        official Web site 
        
        Previous Endnotes: 
       
        A Year in Washington, Vol. 6, Nos. 3/4 
        
      Lies, Damn Lies, Vol. 6, No. 2 
      The Colossus,  Vol. 6, No. 1 
      The Bear, Vol. 5 No. 4 
      Sasha Choi Goes Home, Vol. 5, No. 3 
      Sasha Choi in America,Vol. 5, No. 1 
      A Local Habitation and A Name, Vol. 5, No. 1 
      The Blank Page, Vol. 4, No. 4 
      The Poem of the Grand Inquisitor, Vol. 4, No. 3 
      On the Marionette Theater, Vol. 4, Nos. 1/2 
      The Double, Vol. 3, No. 4 
      Folly, Love, St. Augustine, Vol. 3, No. 3 
      On Memory, Vol. 3, No. 2 
      Passion, Vol. 3, No. 1 
      A Flea, Vol. 2, No. 4 
      On Love, Vol. 2, No. 3 
      Fantastic Design, with Nooses, Vol. 2, No. 1 
      Kundera’s Music Teacher, Vol. 1, No. 4 
      The Devil’s Dictionary; Economics for Poets, Vol. 1, No. 3 
      Hecuba in New York; Déformation Professionnelle, Vol. 1, No. 2 
      Art, Capitalist Relations, and Publishing on the Web, Vol. 1, No. 1 
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