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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