Showing posts with label US Espionage Act. Show all posts
Showing posts with label US Espionage Act. Show all posts

Tuesday, June 3, 2014

Techno-Fascism (NSA) and the Obama Administration

Shaping the Totalitarian Mindset
by NORMAN POLLACK


History is a holistic political-structural process, Marx’s dialectical framework notwithstanding, because even allowing for contradiction there are successive stages of integration, from each of which conflicting tendencies are generated. There is nothing deterministic here, merely the assertion that reality has a unified character, whether or not experiencing social struggle. And in America, regrettably not, upper groups maintaining internal economic-ideological supremacy, beginning, I suspect, from the late-19th century, and progressively tightening its control over society through time up to and including the present. This is not an empty formula that radicals have learned through rote—the experience of gradually shrinking boundaries within which to achieve social change becomes apparent on an almost daily basis, the rapidity of the process now sufficient cause for alarm—yet met with false consciousness below, constant movements toward confrontation and war both to instill among the populace loyalty, consensus, silence, and among upper groups, the impetus for militarism and capitalist expansion (themselves structurally integrated), false consciousness above of another sort: a pathological quest for global dominance of the international system when that system itself no longer fears America.

America in decline, or even in not absolute terms, but rather, within a world system that in power terms is becoming de-centered (a multipolar framework), is losing its way, becoming desperate, striking out at real and imagined enemies (some from the past, as in an anticommunism never put to rest), tempted to manufacture crises as a way of preserving domestic cohesion, paramount for clinging to the unilateral military dominance to which it had been accustomed since World War 2, or at least its symbols if not its substance. Decline is never hospitable ground for democracy, particularly a democracy that requires, as a condition of its functioning, a permanent state of war—where we have been since perhaps the Korean War; and hence, a questionable democracy at best, and since the Bush-Obama years no longer subject to debate. I say, the shrinking boundaries on a daily basis for achieving social change: Therefore, let’s go back several days to three separate signs bearing out the foregoing discussion, all, I believe, interrelated, because rooted in the needs of an American capitalism struggling to protect its hegemonic status on top the global pyramid.

I

In my CounterPunch article, “FBI Authorized Cyberattacks: Further Signs of Unfolding Fascism,” (May 6), we met Hector Monsegur, a true American PATRIOT, as advertised by, and from the standpoint of, the US government, one whom, because the FBI, through harsh threats of criminal prosecution against the hacker group, Anonymous, had been turned (gleefully, it would seem) him into an informer helping to direct the Bureau’s cyberwarfare campaign against foreign governments and corporations. In the USG’s telling, i.e., the federal prosecutor’s drawn indictment to the Court (praising him to the hilt for his cooperation in implicating the other members of the group—Jeffrey Hammond, for one, serving a 10-year sentence), he moves from Patriot to National Hero for the big snitch and tech-savvy assistance in what amounts to highly illegal attacks, not least because obviously stretching the FBI’s actions beyond US boundaries as well as the nature of the espionage (although possibly cleansed through the Patriot Act responsible for still more gross violations of civil liberties and international law).

With this background, we move to last week in illustration of Obama’s full-court press toward incipient if not also actualized fascism. I say “Obama,” because in this case the FBI but more important a discussion to follow on NSA, one finds a direct projection of/from the government; neither one, again, especially NSA, can be dismissed simply as a “rogue” agency, and instead reflect the pith of Administration policy: pursuit of continued global hegemony through solidification, beyond obviously powerful military forces, of a National Security State, a prime requirement being the practice of surveillance at home and abroad. One of the tests of a democratic polity is accountability at the very top—and regrettably America has neither, the lack of the latter testifying to the absence of the former.

Conversely, the situation now worsens, each daily flagrancy, as in the violation and near-destruction of privacy, equally, rule of law, in government’s working toward that end, reveals the deadly metastasizing of American institutions in general, the courts, Congress, ultimately the people: ramifying consequences of cynicism, corruption, and, to be more charitable than the situation warrants, false consciousness, all in the service of ruling groups integrated in the form of financial-industrial-commercial-military elites, with what is now termed the political class (a designation I find, as to its role and independent power, a nifty slogan yet wholly inadequate ) merely their man/maid servants, for an older generation of radicals, then, following Veblen, the Swiss Guards of the Vested Interests, servicing their needs in domestic and foreign policy.

Take the last week in May (let’s skip over the “political class” in favor of the institutionalized structure of power, starting with POTUS in collaboration with the FBI and CIA), here our friend Monsegur (known by the alias “Sabu”), the Guardian (June 1) in its subhead saying it all: “Authorities credit Hector Xavier Monsegur with helping them cripple Anonymous in lenient sentence of time served.” He gets off—the corruption of the courts noted above. Monsegur, the Guardian reports, “who by the US government’s calculations participated in computer hacker attacks on more than 250 public and private entities at a cost of up to $50m in damages, was released from a Manhattan courtroom on Tuesday after the judge saluted his ‘extraordinary cooperation’ with the FBI.”

Who is more guilty in this farce, Monsegur, or Loretta Preska, chief judge of the federal district court of the southern district of New York, is a moot question, and, standing behind her, the FBI’s crass practices of intimidation from which the federal court system looks away or actively praises. Monsegur had faced “a maximum sentence according to official guidelines of more than 26 years.” Nope. In pronouncing sentence the judge “repeatedly praised what she called his ‘truly extraordinary cooperation,” providing USG “sophisticated and complex assistance” enabling it “to pierce the secrecy surrounding LutzSec [a UK and US hacker group that had broken away from Anonymous] and successfully prosecute its members.” Informant on others, FBI cyberwarrior par excellence—not a hero, however, to members of Anonymous, which, as one told the Guardian: “Monsegur is, first and foremost a criminal; the FBI’s cyber crime task force are his co-conspirators. While operating under their supervision, Monsegur committed numerous felonies which should in no way be excused due to his protected informant status.”

Well-put, and to me, chalk up another score for fascism, the leading domestic federal law-enforcement agency in the commission of crimes, turning those it prosecutes for criminal punishment into informants in exchange for leniency—while in addition pursuing more sinister ends, to wit, seeking (as does mass surveillance itself) to cow the populace into submission. Here the Anonymous spokesperson is right on target: “The FBI continues to use captured informants, who commit egregious crimes in pursuit of reduced sentences, for the sole purpose of creating ‘examples’ to frighten the public. They do this with the hope of pacifying online dissent and snuffing out journalistic investigations into the US government’s misconduct.” This is what I meant by the metastasizing effects of government policy on behalf of global hegemony and domestic social control, both defining a unified whole. (Hammond, convicted, operated under Monsegur’s direction, “launch[ing] cyber-attacks around the world,” and then sentenced because failing to be turned. In addressing the court, he told Preska: “The government celebrates my conviction and imprisonment, hoping that it will close the door on the full story. I took responsibility for my actions, by pleading guilty, but WHEN WILL THE GOVERNMENT BE MADE TO ANSWER FOR ITS CRIMES?” (my caps.)

Monsegur went on to secure convictions of others. In the court memorandum disclosing how Hammond was caught, an obvious case of entrapment, it becomes clear that Monsegur “had been put at the hub of a vast web of surveillance,” for it was revealed that while he remained in New York, he “’engaged in online chats with Hammond (who was then in Chicago), while coordinating with FBI agents in New York, physical surveillance teams deployed in Chicago, and an electric surveillance unit in Washington DC.’” When in June 2011 the FBI came knocking on his door, “[h]is transformation from a hacker legend into an informant was instantaneous—he agreed to cooperate with the government immediately,” to which, at sentencing, Preska was in fulsome praise, the quickness allowing the FBI to move against LutzSec before its members could be warned. As a UC Hastings law professor (obviously not John Yoo of White House Counsel torture-authorization fame), summarizing Monsegur’s work for the FBI in launching attacks against foreign governments, stated: a sting operation for a crime already in motion was one thing, but it was quite another, “’when you contribute to the creation, inducement and execution of a crime that never was. Particularly when those crimes may very well affect our foreign policy.’” Welcome Team FBI USA, Obama coach-cheerleader, etc.

II

Turning next to the NSA, one sees techno-fascism in full parade-dress, massive surveillance, here, facial recognition data, now combined with practically every other conceivable means of collecting and storing information on Americans—and as much as possible, globally. (Hayden, Alexander, Clapper, the whole leadership crew, past, present, future, listen up: how about the measurement, via forced registration, of men’s private parts—in millimeters, of course, to ensure accuracy in order to intimidate against dissent, facilitate government prosecution, induce apathy toward and complicity with public policy, therefore carrying further the purposes of massive surveillance? Seemingly, no stone can be left unturned in discovering and uprooting subversion.) Here, James Risen and Laura Poitras—both of whom deserve and have earned the respect of those committed to civil liberties—in their New York Times article, “N.S.A. Collecting Millions of Faces from Web Images,” (May 31), present a breaking story in what one might call a chapter in runaway fascism, particularly odious on top of everything else, including, if I may digress to establish the spirit of government making facial recognition a viable tool of the megalomaniac NSA in its quest to obliterate privacy in world-dimensional terms.

I press for small details to illumine the institutional core of repression, here a societal pattern, if we keep to the short-term, which has been well-established since the enshrinement of Sect. 25 of the Patriot Act (with that Act legitimating so much of government policy, one wonders why any demurral about naming fascism for what it is—the signs, from militarism, to surveillance, to financial-corporate concentration, to xenophobic and ethnocentric mental patterns, all around us and germane to the public acceptance of hegemonic goals). Charlie Savage’s NYT article, “U.S. Seeks to Censor More of Memo That Approved Drone Strike on American,” (May 28), refers both to Obama’s personally authorized assassination of a US citizen, Anwar al-Awlaki—drone assassination, as I see it, itself a form of, even prime example of, techno-fascism, the pressing of a button halfway around the world to leave a blood spat where a human being once stood—and the white-collar version of techno-fascism of the more routine kind, REDACTION, as a means of protecting government from the charge of, and evidence demonstrating, war crimes. He does not call either, a war crime; emphasis is on cover-up as a general proposition of hiding illegality.

Obama-Holden, the Castor-Pollux of Censorship, have, short of rewriting the Constitution, done all in their power to forestall condemnation for the killing of an American citizen without an indictment, the right to counsel, a jury trial of his/her peers, due process in all its manifold accordance of rights, and instead—no boots on the ground—murder via impersonal technological magic, an Obama favorite, given his usage far exceeding that of his predecessor (metastasizing, in this case, down to the nitty-gritty of conducting warfare, already plagued with atrocities enough). Savage writes: “One week after the Obama administration said it would comply with a federal appeals court ruling ordering it to make public portions of a Justice Department memo that signed off on the targeted killing of a United States citizen, the administration is now asking the court for permission to censor additional passages of the document.” Disgraceful, no, nauseating—why? Not only the stall-tactic, but that the death-authorization was a SECRET MEMO, only seeing the light of day through being forced through an FIA lawsuit. Suppose the memo were allowed to stand, and then gather motion as binding precedent: the killing of citizens, whether on grounds of national security or, say, anticommunism, or counterterrorism, would be standard operating procedure. Hide the memo, it stinks to high heaven!

The designated driver/culprit, the memo’s principal author, fresh from Harvard Law (an ideal soul mate of Obama, who as president of the Law Review had not written an article for it—HLS, what a staggering decline since the days of Holmes and Roscoe Pound), is David Barron, confirmed the week before “to an appeals court judgeship,” what he had been to DOJ Monsegur had been to FBI, complicit through direct involvement in murder. The memo, July 16, 2010, al-Awlaki struck down in Yemen September 2011, it was only the ACLU-NYT suit seeking the memo’s public disclosure that got us this far. Savage: “The Justice Department said it would soon disclose a version of the memo with the additional passages it wants to keep redacted blocked out. It said the additional passages discussed classified fact not legal reasoning.”

Classification, the mother of all redactions, has been the handy device behind which the Obama government hides, and the basis for its forays into somewhat clumsy storm-trooper-like attacks on whistleblowers via the Espionage Act. This is truly an embarrassment, if not outright sign of fascism.

In January 2013 a Federal District Court judge “ruled that the government could withhold the memo from the public entirely,” which was overturned this past April by a panel of the US Court of Appeals for the Second Circuit (NY), ruling “that the government must make public portions of the memo that lay out legal analysis, though not facts based on classified intelligence.” Even this did not satisfy USG which in a new filing claimed that what “the court had designated for public release contained further information that should be exempt from disclosure.” An assistant US attorney—DOJ at all times up to its neck in fighting disclosure—chastised the higher court, essentially for its stupidity (its decision based on “inadvertence or mistake”) and moved “to keep its entire motion seeking additional redactions SECRET” (my caps.), a nerviness I should think beyond the pale, to which the court denied “that request” and said “that as much of the motion as possible would have to be made public.” The court then went one step further, revealing “new details about several previous rounds of then-secret negotiations between the court and the government, dating back to February [2014], over what would be redacted.”

The National Security State can be seen here to vitiate the rule of law, secrecy being in the DNA of the Executive permeating through all its agencies and bureaus, not least, DOJ. Will we ever get the truth? A week ago Solicitor General Verrilli Jr. said with release of the memo another appeal for redaction would follow, including the identity of the agency responsible for al-Awlaki’s killing—which everyone knows was the CIA. A disheartening conclusion: “Although it is widely known that the C.I.A. operates drones, including from a base in Saudi Arabia, and that it participated in the operation that killed Mr. Awlaki, the Obama administration still officially treats that information as secret.”

III

Nor is it especially forthcoming about the mass collection of facial recognition data. We return to Risen and Proteus and the discussion of an NSA practice that is not really new, only newly revealed—be it noted–through the Snowden disclosures (their import, more vital, in exposing government usurpation than ever thought possible). The reporters state that NSA “is harvesting huge numbers of images of people from communications that it intercepts through its global surveillance operations for use in sophisticated facial recognition programs, according to top-secret documents.” As indicated before, no area of human identity is safe from government spying. To see a brief list of sources is to gain a sense of the range of surveillance. They write: “The spy agency’s reliance on facial recognition technology has grown significantly over the last four years as the agency has turned to new software to exploit the flood of images included in emails, text messages, social media, videoconferences and other communications, the N.S.A. documents reveal.” (Without Snowden’s revelations, here as with so much else, we would be in the dark, which government, demonstrated by its actions, prefers, the attacks on him from Obama down showing the fear of revelations.) For NSA, technology summons the future—perhaps why I thought of the title, techno-fascism, as though a window had been opened to the utter destruction of privacy, and for Obama, particularly, a pseudo-sophisticated concept of warfare, in effect, that pushing buttons can rule the world. They observe further: “Agency officials believe that technological advances could revolutionize the way that the N.S.A. finds intelligence targets around the world, the documents show. The agency’s ambitions for this highly sensitive ability and the scale of its effort have not previously been disclosed.”

What are we speaking of? “The agency intercepts ‘millions of images per day’—including about 55,000 ‘facial recognition quality images,’” an NSA document summarizes from 2011, as part of enlarging “its mission of tracking suspected terrorists” in what amounts to a dystopian wave-of-the-future position. A 2010 document calls for adopting a “full-arsenal approach,” beyond “traditional communications,” so as to include “biographic and biometric information,” the latter especially not unlike what had been heard in the eugenics movement at the turn of the last century. Whatever the surveillance methods of choice, the act itself does not change, nor the permissiveness of acting: “It is not clear how many people around the world, and how many Americans, might have been caught up in the effort. Neither federal privacy laws nor the nation’s surveillance laws provide specific protections for facial images.” But the phrase of choice in these operations, from whatever source, is SCOOP UP, in turn giving on to a sense of range and scope: “Given the N.S.A.’s foreign intelligence mission, much of the imagery would involve people overseas whose data was scooped up through cable taps, Internet hubs and satellite transmissions.” We expect this from the bulk collection of metadata, but THIS is somehow different, a stripping away of identity per se. A wondrous world of possibilities for repression awaits, as a Carnegie Mellon researcher perhaps unwittingly describes: “’There are still technical limitations [on the total erosion of privacy], but the computational power keeps growing, and the databases keep growing, and the algorithms keep improving.’”

It is fair to say that NSA joins CIA, FBI, FISA Court–but why stop there?—president, Congress, judiciary (with few exceptions), in hunting down human aspiration and social democracy as threats to an America determined to keep its priorities straight: the greatest military the world has ever seen, increasing class differentiation with concentrated wealth confined to a numerically infinitesimal upper group matched symmetrically by a disproportionately growing underclass (a perfect pyramid in the making), and to fill in what is becoming essentially a moral void, a flourishing authoritarianism taking form and expression in global hegemony, intervention, counterrevolution. Painless, at least to the American people, should techno-fascism have its way—with, of course, one catch: fascism of every sort becomes self-devouring, hatred of others, either because they’re different or fail to see the splendiferous light about America, is finally channeled inward as self-hatred, something all of the surveillance and images cannot prevent and probably only accelerate.
MY New York Times Comment on the Risen-Poitras article, same date, follows:
Facial recognition data–in the words of Joseph Welch to Joe McCarthy, “Have you no shame, sir?”, applies equally today, if not more so, addressed to NSA under precisely the same circumstances: the abrogation of American civil liberties.
What is this country coming to? A Surveillance State, National Security State, and, if a may, proto-Totalitarian State–for what else can be said of a government sponsoring the total destruction of privacy of its own people, and attempting the same for the world?
In a society where such destruction is passively accepted–an outrageous assault on human dignity, people simply taking it, is another useful description of totalitarianism. All three branches of government are complicit, each in its own way, in this assault on human dignity. Political party, here bipartisan consensus; Executive, integral part of Obama’s enlargement of power; judiciary, FISAC a travesty, Supreme Court culpable in allowing an/or promoting the invasion of rights.
Facial recognition data merely the next step in a cumulative series of abuses accompanied by the supineness of government to check its own USURPATION. There appear to be no checks left, leaving the nation defenseless against its own inner devils, starting from a pathological anticommunism that has morphed into counterterrorism, with a heavy dose of militarism, xenophobia, and resentment about facing the challenges of a now multipolar world.
A decentralized world structure is seen as abhorrent.

Thursday, September 13, 2012

Unlawful Dissent

New Laws Around the Globe Don’t Curb Inequity, They Undercut Social Protests and Gag Free Speech
by BRETT WARNKE - The Nation

Only a month after swearing in, President Obama was given the first “Economic Intelligence Briefing” by his sunny CIA director, Leon Panetta. The goal was to prepare policymakers for the blowback from an electorate reeling from unemployment and looming bank failures. The director of national intelligence, Dennis Blair, told a Senate panel the same week, “Our analysis indicates that economic crisis increases the risk of regime-threatening instability if it continues for a cone-or two-year period. Instability can loosen the fragile hold that many developing countries have on law and order.”

As the financial crisis worsened, there were successful revolutions in Tunisia, Egypt, and Libya—all in part catalyzed by deepening economic troubles—while in Yemen, consistently ranked the poorest country in the Middle East, President Saleh was finally forced out. Meanwhile, protestors in Kuwait, Iraq, Jordan, Morocco, and Lebanon all echoed an economic refrain and were met with varying degrees of severity and compromise by their governments.

Africa and the Gulf were astir and in the months after the initial crisis, it was the developed world that took the lead in scrabbling at the roots of “instability” through new ordinances, laws, fines, and security measures aimed to control and limit dissent.

In the US local and state governments have passed numerous initiatives that limit, in various ways, the ability of people to express dissent. Every high school should know about the famous Alien and Sedition Acts. But the government has gone further since 2001 in using old and new laws in its arsenal of legislation: The Espionage Act, The FISA Amendment Act, The Authorization to Use Military Force Act, The Patriot Act, warrantless surveillance, and the recent NDAA, National Defense Authorization Act. The latter was signed by President Obama who said, “I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.” While the bill was opposed by leaders of the FBI, the CIA, The Director of National Intelligence, and even Obama, it stubbornly survived. The Act declares that “covered persons” who “substantially supported” al-Qaeda or “associated forces” in hostility against the United States can be subject to indefinite detention.

In May, and September 12, 2012, the US District Court Judge Katherine Forrest (an Obama appointee) ruled a section of NDAA unconstitutional, finding that broad and vague language threatened US citizens with military detention for First and Fifth Amendment-protected speech and associations. The House subsequently rejected a (rare) bipartisan amendment to bar the military detention of people apprehended on US soil.

Obama claimed that he would not use the law on American citizens but that was not good enough for Chris Hedges, Noam Chomsky and other writers and activists who had filed the lawsuit fighting the NDAA as unconstitutional.

“[NDAA] expands the capacity of the power of the state to define who is a ‘terrorist,’” Hedges argued before Forrest’s decision.  
“Corporate elites understand that economically, things are about to get much worse….they don’t trust the police to protect them. And they want to be able to call in the Army. If this bill goes into law, they will be able to do that.”

At the local level, American activists are experiencing legislative action that gives city governments expanded police power. Jake Olzen, a writer for Waging Non-Violence and a Chicago organizer said, “We’re seeing a trend where there are now laws on the books that–when applied–give the state heavy-handed consequences for basic first amendment activities.”

In 2003 Chicago police had allowed protests against the Iraq war to continue without a permit but arbitrarily decided when protests should end. They made arrests without being clear about when demonstrators should disperse. Consequently, in Feb. 2012, Chicago agreed to pay a $6.2 million settlement to the protestors after a class action lawsuit was filed.

Joe Baker of Occupy Chicago argues that the use of state force has broadened the base of political activists to include the anti-war movement, civil libertarians, labor, immigrant supporters, anti-police brutality and wrongful conviction forces, and even national figures like Jesse Jackson.

“More and more, the government’s use of raids, subpoenas and courts to criminalize political activism and label it as ‘terrorism’ is driving activists away from the Democrats and electoral politics,” Baker said.

After millions were spent on police overreach, Chicago’s leaders did not want to make a similar mistake before last spring’s NATO summit. On Jan. 18, the city council of Chicago prepared for the $60 million gathering by passing an ordinance requiring demonstrators to “supply a description of the size and dimension of any sign, banner or other attention-getting device that is too large to be carried by one person.”

This ordinance expanded the mayor’s power to police protest and was nicknamed “sit down and shut up.” Chicago has also required demonstrators to obtain $1 million insurance coverage to “indemnify the city against any additional or uncovered third party claims against the city arising out of or caused by the parade and agree to reimburse the city” for damages caused by demonstrations. Fines ranged from $200-$1,000 and/or ten days in jail. Local CANG8 (Coalition Against NATO/G8 War & Poverty Agenda) and Occupy Chicago were then able to organize a mass campaign around civil liberties.

“The move by Emanuel to restrict protest has to be seen within the context of the repression of dissent,” Baker said. “The attacks on Arabs and Muslims over the past decade, the violent repression of the protest at the RNC in 2008, the raids and grand jury repression that my wife and I and 22 other anti-war activists have lived through, and more recently the attacks by local police and the FBI on the Occupy Movement and the anti-NATO protest here in Chicago.” In preparation for NATO’s summit, Police Superintendent Garry McCarthy described training 13,000 police officers for “mass arrests.”

Chicago is merely a recent effort; it was Seattle’s past that was prologue. A harsh police reaction to the 35,000 WTO protestors in 1999 resulted in apologies from the police department. But police violence has only escalated since Seattle and its “free speech zones” became the clever still-thriving means to corral and isolate dissent while maintaining a pretense of legitimacy.

Massive summits like these have been a business boon for local economies and politicians who, flushed with funds, then hear ear-kissing arguments from the weapons industry and other obvious beneficiaries of “law and order” policy. Some examples: It cost 98.7 million to “secure” the G20 in Pittsburgh. For the 2002 WEF meeting in New York, $11 million was spent just on police overtime alone. The 2003 IMF/World Bank meeting cost $14 million. And for London 2009 G20, it cost $30 million. An astonishing $1 billion was spent on Toronto’s 2010 G8/G20, half a billion of that for the Canadian Mounted Police. There are other costs, too, not just for weapons and manpower. Keeping the journalists tame and busy inside the pampered convention centers or hotels (rather than on the streets) is pricey, as was a snaking 12 kilometer $12 million fence for the 2007 G8 summit.

Such expenditures could be easily dismissed as a “partisan issue,” the boondoggle of reactionaries. But it was Democrat Bill Clinton who proposed the government earmark of $15 million for the 2000 IMF security costs, funds later spent on a flood of overtime pay for police from cities neighboring Washington. Tampa’s current mayor, also a Democrat, beams like an overfed cat when discussing the $50 million allocated for being the host city of the RNC.

But why so much overwhelming expense and force? The hosts of the 2004 G8 summit in Georgia likely saw the tumult in Seattle five years earlier—with cops clad in body armor and using paramilitary tactics—as far too permissive and hoped to maintain an appearance of absolute order. After accepting $25 million for increased security (smuggled into an Iraq appropriations bill) Governor Perdue declared a state of emergency. Accordingly, Savannah and Brunswick, cities near the site of the summit “looked like military-occupied cities.” Police disguised themselves as protestors while 136 state and local agencies deployed roughly 11,000 patrolmen, security, and military. These agents were given extensive power to stop any protest. Subsequently, the National Lawyers Guild produced a report detailing then Attorney General Ashcroft’s unwillingness to prosecute police brutality or exercise federal prosecutorial oversight of national, systemic police violations of civil rights.

Before protests like these have even begun, police have preemptively confiscated literature, signs, banners, and even the cheeky means of attracting dissent. A 2004 NLG report described how policing tactics during demonstrations include “conducting mass false arrests and detentions; employing pop-up lines; using dangerous rush tactics with police on motorcycle, bicycle, and horseback; and using deadly “less lethal” weapons.”

Even mocking America’s decadent and hypocritical leadership, a political pastime since the Constitutional Convention, is now under assault. While presidential puppets, ludicrous masks, and punchy political art have been a useful agent for translating popular contempt, in 2000 at the Republican national Convention, police raided a trolley barn in Philadelphia and arrested 75 puppet makers. And this month, in preparation for the Tampa Republican National Convention, the police department has gone further by essentially getting the police department to declare puppets illegal in the event zone near downtown.

A proliferation of special ordinances for public spaces—sidewalks and streets—have incrementally limited the already scanty space for assembly. Such rules are swiftly passed on the eve of an event but can result in broad, interminable prohibitions on protected constitutional activity long after the convention balloons drift away. A notable example is the RNC 8 episode. Through the controversial testimony of an informant, eight activists were charged with “conspiracy to riot in furtherance of terrorism” under a never-used Minnesota terrorism law. No terrorism charges stuck.

Heidi Boghosian, executive director of the National Lawyers Guild, sees a double standard in treatment for reactionary and activist protestors.

“Something is terribly amiss when you can come to a presidential nominating convention with a pistol under your shirt, but police can detain you for brandishing a puppet,” she wrote in an email.

“When special ordinances are passed, protests should be aware that the rights we’ve long cherished are stripped away with the stroke of a pen,” she wrote. “In the eyes of the police, ordinary objects, such as string or cardboard, are transformed into weapons. Searches no longer require probable cause. Intent can be imputed into the type of juice bottle you’re carrying. Healthy speech becomes a terrorist threat. The right to speech and assembly becomes a parking lot with a time limit. Public spaces become private spaces. One risks bodily injury or arrest merely for daring to occupy public forums and speak out.”

Lamentably, the US is not alone in the curbing and controlling dissent. Conservative forces in other countries have been pushing for stronger state authority in handling organized demonstrations. The Cameron coalition has pushed a “stability” agenda in the wake of the economic crisis that has left the country with its highest unemployment rate since 1994 and a biting austerity budget.

Cameron’s government slashed nearly 80% from higher education transferring costs to students. Consequently, the government found itself rocked by disorder from below. In March 2011, 250,000 people demonstrated in London in a show of public discontent

Police used an obscure law, “The Criminal Justice and Public Order Act of 1994” to assume broad powers. The law requires that protestors remove masks and balaclavas or face arrest. It also allows police to stop and search individuals without reasonable suspicion; blacks in England are 29.7 times more likely to be stopped and searched than whites.

The Anglo-Caribbean writer Darcus Howe told the BBC how his fourteen-year old grandson who was harassed by the police “countless times” as a result of the stop and search law. The parallels between 2011 and a 1981 Brixton upheaval were numerous: a conservative prime minister undertaking brutal cuts, the targeted searches of young black youths, and a fiery community response in the form of violence and looting. During Howe’s interview, a BBC journalist insinuated that Howe was a rioter due to his presence in Brixton’s 1981 demonstrations.

The searches as well as Cameron’s cuts were cited by numerous demonstrators as igniters for the August 2011 riots in London’s Afro-Caribbean communities that put 2,987 protestors in stir and flooded London with over 16,000 police. Thatcher ferociously denounced the 1981 Brixton riots and demonstrations in Liverpool and rejected the link between crime and social conditions, blaming the uprising on the liberalism of the 1960s. “What aggravated the riots into a virtual saturnalia…was the impression given by television that…rioters could enjoy a fiesta of crime, looting and rioting in the guise of social protest,” she wrote in her memoir.

The Thatcher Cabinet even discussed jailing reporters over their coverage of the uprisings. In 2011 when facing similar turmoil as a result of similar policies, Cameron resorted to the Manichean: the city was comprised of “thugs”—those people “with no loyalty to society” who “feel the world owes them something”—and the “law-abiding.” As buildings burned, Cameron offered police arbitrary power. “Whatever tactics the police feel they need to employ, they will have legal backing to do so,” Cameron thundered. “Nothing is off the table.”

Spain’s government has also been challenged by tens of thousands of people in the streets, vast numbers of whom are unemployed youth who’ve joined the ranks of the indignando movement since May 2010. Jorge Diez, the Spanish Minister for Home Affairs, was inspired by protests on March 29th to reform the penal code to criminalize protests that “seriously disturb the public peace,” by labeling protestors involved in such acts as “urban guerillas.” A minimum jail sentence of two years could be imposed on protestors instigating or carrying out violence and “serious disturbances of public order and intent to organize violent demonstrations through means such as social networking” would carry the same penalty as involvement in a criminal organization.

In Chile, Minister of the Interior Rodrigo Hinzpeter has urged Congress to approve a law that seeks harsher punishments for protestors. This has come during repeated flares of student activism in the past year. In August, police in Santiago used water cannons to break up marches by thousands of students protesting inequality associated with school privatizations—75 were arrested and 49 policemen were injured before hundreds of students were evicted from occupied schools.

The new law commonly known as “Hinzpeter Law,” which was approved by committees and will soon be debated in Chile’s Congress calls for 541 days to 3 years of jail time for individuals who are found guilty of doing what the Santiago students did—occupy public and private buildings. It would also exact punishments for disrupting services or traffic.

“The problem with this law is that it does not define disorder,” Amnesty International Chile Executive Director Ana Piquer said. “This means that anyone could be prosecuted, even those who protest peacefully, without guns or violence or any type of disorderly action.”

The controversy has quieted since October 2011 when a draft was made public. Hinzpeter would criminalize occupations of public or privately owned buildings as well as rioting and damage to public infrastructure. It was drafted by former Senator Miguel Otero—a member of the right-wing Renovation Party and current advisor to the country’s Chamber of Commerce—after marches last June resulted in clashes between police and students protesting for free education. Students claim that agent provocateurs and undercover police incited violence during demonstrations.

Most notorious, though, is Russia’s cynical use of state operations to curb dissent amid popular ferment. For ten years Putin’s “managed capitalism” has resulted in standard of living improvements, a GDP grown tenfold, low unemployment, and the resulting rewards of high oil prices. But political discontent among the country’s middle class has intensified. The state media is seen as Putin’s mouthpiece and 58 attacks were reported on journalists in 2010 alone. The iron limits of protest were best exemplified in the Pussy Riot sentencing, in which 3 members of a feminist punk band convicted of “hooliganism” after performing a protest song in a church. They received a two year prison sentence in a penal colony. Earlier, in 2007 Putin signed an “anti-extremism” law allowing for internet censorship and in 2009 five journalists were killed as a result of their efforts, one on July 13 in Siberia.

To counteract organized dissent, the Duma passed a new law raising fines for participating in unsanctioned protest. The fine is what an average Russian earns in one year, roughly $9,000. Putin signed the act increasing fines on June 8th, agreeing that the new law would protect the motherland from “radicalism.” Internally, the counterstroke has reached deeper than at any point since the Soviet Union’s dissolution. Access to websites of at least three media outlets that criticize Putin were blocked or disrupted on June 12 by hacker attacks while Moscow, a city that requires a permit for “legal” gatherings, often unleashes police to bust up protests.

Even in Canada, ranked sixth best place in the world to live, the state has clamped down on demonstration. In a furious torrent this May, over 100,000 students poured into the streets after an 80% increase in the cost of college tuition. The National Assembly of Quebec passed a special “emergency law,” Bill 78, which activists consider a violation of freedoms of speech, assembly, and movement. This was undertaken three days after riot squads deployed tear gas and arrested several people on May 15. And while this law expires July 1, 2013, Section 16 requires organizers of protests involving 50 or more people to notify police about the protest at least eight hours in advance. Section 25 states that fines can be issued between $1,000 to $125,000.

The new bill has been criticized both in and outside Canada.

“Moves to restrict freedom of assembly in many parts of the world are alarming,” said Navi Pillay, UN High Commissioner for Human Rights. “In the context of student protests, I am disappointed by the new legislation passed in Quebec that restricts their rights to freedom of association and of peaceful assembly.”

In May, hundreds of lawyers took to the streets to denounce the law as extreme. And a spokesman for the largest student association, CLASSE, denounced the school legislation: “The bill that the government is proposing to table is an anti-union law, it is authoritarian, repressive and breaks the students’ right to strike…This is a government that prefers to hit…its youth, ridicule its youth rather than listen to them.” In fact, students were told that “all necessary force” would be used to keep classes running as well as a legal injunction (submitted by students who wished to return to class) to violate the strike.

As the party conventions undertake the predictable nominating process and feathery rhetoric the real news will come from the streets and how its occupants are treated. Tampa expected nearly 15,000 protestors and has increased security, even buying armored vehicles, tactical weapons, and police bikes for rapid deployment. It should be remembered that it was in Tampa, during a 2001 pro-Bush rally at Legends Field, that two grandmothers and another protester were arrested for holding up small, handwritten protests signs outside a “protest zone.”

The methods of democratic dissent are under well-funded assault through effective and adaptable tactics around the globe. Luis Fernandez, author of Policing Dissent, sees no slowing of growing police power in the US either. “The police tend to adapt quickly,” he said in an interview. “As guardians of the public order, they are paid to figure out how to respond to civil disturbance. Social movements, meanwhile, are more glacial in developing new strategies.”

There is swelling evidence of these strategies in the headlines: unwarranted incursions into Muslim neighborhoods, the near militarization of protest sites, and recent revelations by William Binney, a retired NSA spook turned whistleblower, of a deepening apparatus of warrantless domestic spying. In our time, not some Conrad novel, police are pro-actively infiltrating social movements—change-agents from the republic’s founding—and are attempting to subvert and dismember them. Citizens around the world will need to consider the results of future “instability,” not just from the incompetence and greed of elites who invoke the dreaded word to reinforce their authority. They will need to consider the unintended instability fomented by the costs of police encroachment upon dissent, legislating away the polite fiction of their inalienable rights, and the price of state neglect for society’s multiplying vulnerable. If power yields nothing without a demand, the last decade stands as a bleak warning for those with claims to be heard.

Saturday, April 7, 2012

US Attack on Transparency Continues: CIA Whistleblower Indicted

Among others, Obama campaigned on the issues of increased government transparency and protection for whistleblowers, whom he claimed were heroes. Once in office, Obama's administration has prosecuted more whistleblowers than any president in US history, and more than all the presidents since Truman, combined. He has also blocked every effort to make government transparent while unconstitutionally increasing executive powers. An argument can be made that Obama is worse than Bush because we knew what we were getting with Bush. He sucked, but we knew he would suck. He didn't make and break campaign promises even close to the number Obama has. Obama lied during his campaign about many things (11 distinct campaign promises I tallied in a blog post here within the past couple of years). He has not even come close to being the president he claimed he would be during his campaign, but in fact he's almost the polar opposite of his campaign image. He ran as a progressive, and rules as a fascist authoritarian, taking away as many, or more, of our constitutional rights than Bush did. Obviously, Romney is not any better. The 2012 election may feature the two worst presidential candidates--definitely the two biggest "say anything to get elected" liars-- in US history.--jef

++++

Friday, April 6, 2012 by Common Dreams
Former CIA officer, Kiriakou, faces years in prison

Washington continues its attack on whistle-blowers today as CIA whistle-blower, John Kiriakou, has been indicted in court for charges of violating the Intelligence Identities Protection Act and three counts of violating the Espionage Act.

Former CIA officer, Kiriakou, allegedly leaked information to journalists about classified CIA operations and included classified information in his 2010 book, The Reluctant Spy: My Secret Life in the CIA's War on Terror.

Kiriakou had become a well know whistle-blower after he became the first US official to reveal the use of waterboarding, a torture technique used by the US.

Kiriakou's indictment allows the case to proceed to trial without an evidentiary hearing.

* * *

'Reluctant Spy' indicted for leaking US secrets (Agence France-Presse):
A CIA intelligence officer between 1990 and 2004, Kiriakou was accused in the indictment of leaking information to reporters anonymously identified as "Journalist A" and "Journalist B." 
The charges stem from an investigation into classified information, including photographs of a CIA official, that found its way into classified filings by defense lawyers representing detainees held at Guantanamo Bay, the US naval base in southern Cuba. 
The indictment claims Kiriakou was a source of information for a June 2008 New York Times article that identified a CIA operative and revealed other classified information. 
Kiriakou also was alleged to have lied to a CIA review board while he was seeking permission to publish a book about his experience. 
In the book, Kiriakou sought to include information about a "magic box," which was said to be a CIA scanning device allowing the agency to track Al-Qaeda suspects in Pakistan through their mobile phones.

Thursday, June 30, 2011

Obama's War on Whistleblowers

Prosecutions Up, Transparency Down
By LINDA GREENE

Teresa Chambers is the luckiest whistleblower in the United States. She lost her job as the first woman chief of the U.S. Park Police after she told the media in 2004 that the department was below the number required to perform the job adequately. She sued, and in January 2011 won her case.

But her victory is a rarity in the 21st century as President Barack Obama, who as an Illinois senator was instrumental in passing legislation to protect government whistleblowers, has effectively criminalized public servants who risk their jobs to speak out and expose waste, corruption and unethical behavior among their colleagues.

When campaigning in 2008, Obama promised to protect whistleblowers, saying their "acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled," ABC News' Megan Chuchmach and Rhonda Schwartz reported on Aug. 4, 2009.

The New Yorker's Jane Mayer agreed in a May 23, 2011. "When President Barack Obama took office, in 2009, he championed the cause of government transparency and spoke admiringly of whistle-blowers, whom he described as 'often the best source of information about waste, fraud, and abuse in government,'" she wrote. "But the Obama Administration has pursued leak prosecutions with a surprising relentlessness."

Since he became president, Obama, acting under the Espionage Act, has indicted five whistleblowers who allegedly leaked sensitive government information, the New York Times reported on June 11. "In 17 months in office, President Obama has already outdone every previous president in pursuing leak prosecutions."

In an April 27 e-mail, Paula Dinerstein, an attorney with the Washington-based Public Employees for Environmental Responsibility (PEER), a nonprofit, public interest law firm, said whistleblower in federal law "includes one who discloses substantial and specific dangers to public health or safety."

The most famous case is that of Pfc. Bradley Manning, an army intelligence analyst who allegedly revealed confidential government documents to Wikileaks. Before Manning had a trial or was convicted of a crime, Obama declared him guilty. "He broke the law," the president said in April at a fundraising event in San Francisco. The Department of Defense has since charged Manning with "aiding the enemy," a crime punishable by death.

A lesser-known case is that of Thomas Drake, a senior executive at the National Security Agency, who was indicted in 2007 for leaking top secret defense documents to a Baltimore Sun reporter. Mayer's New Yorker article is titled "The Secret Sharer: Is Thomas Drake an enemy of the state?"

The effect of these cases has been to criminalize whistleblowing and dissent.

***

As chief of the U.S. Park Police, she was responsible for the safety and security of some of America's most significant symbols of freedom -- including such sites as the Washington Monument, the Statue of Liberty, the Golden Gate Bridge area and the area surrounding the White House.

Chambers's troubles began in 2004, when she spoke frankly to the media, as her superiors had instructed her to do. In response to a Washington Post reporter's question about Park Police staffing, she said her department was below the number required to perform the job adequately.

As reported in an editorial in the Jan. 11 issue of the Post, the department "had been forced to cut back on patrols beyond the Mall, she said, because of Interior Department orders requiring more officers to guard downtown monuments in the aftermath of the 2001 terrorist attacks. Traffic accidents ... have increased on the Baltimore-Washington Parkway, which now often has two officers on patrol instead of the recommended four."

Chambers was only stating the facts. According to the Post editorial, "She did not breach federal law by revealing classified information. Nor did her statements put lives at stake; if anything, her honest appraisal served to alert the public and lawmakers to real dangers."

Chambers's bosses in the Interior Department confiscated her gun and badge and placed her on administrative leave immediately thereafter, eventually firing her.

"That's unfortunate," Chambers said, "when we're taught as little kids [to] speak up for what's right, make sure [that] harm doesn't fall on anyone else. When we try to do that, we find ourselves on the losing end."

After a legal battle fought in administrative agencies and federal courts, Chambers won her case in January 2011 and was reinstated in her job. The resolution of the case was a long time coming -- seven years, to be exact. But her victory was complete.

"The thorough and thoroughly convincing opinion by the Merit Systems Protection Board [MSPB] concluded that Ms. Chambers was improperly fired in a classic act of retaliation against a whistleblower," the Post said in the editorial. "The Interior Department pointed to other infractions allegedly committed by Ms. Chambers that it said justified the disciplinary action, but the board concluded that the department probably would not have moved against the chief absent her protected whistleblowing comments to the media."

As Chambers said, "It was so blatant that [firing me] was retaliatory, that it had happened right after I had spoken to the press, and then they drug up old incidents that had happened. Tried to convince the court that [I] was a bad employee and would have been fired or disciplined otherwise. And finally the MSPB saw through that and threw out everything not on a technicality but the fact that there was never any evidence to support those charges."

When asked whether she thought gender discrimination played a part in her case, Chambers replied, "I believe in my heart that gender may have played a role in this. We would never be able to prove it. ... There were men who had done things that were much more assertive as far as talking to the press about resource needs. A former Park Police chief [had] gone to the Washington Post with [a report of] staffing shortages. He was never so much as criticized, much less ostracized or disciplined in any way."

***

What really made her case unique wasn't what happened in the courtroom, but what happened outside the courtroom, Chambers said.

"We made this a very public battle," she said. "I was under an illegal gag order and couldn't engage in conversations and interviews about what was going on, but my husband was certainly free to exercise his First Amendment rights. He took this to the public."

Chambers said she'll ever know the entire impact that the Web site had. It was a place for people to point to and hopefully give them help. One of her favorite aspects were comments left by visitors. "It's humbling to read this and realize that there are so many people out there who have been harmed," she said.

Or that there are so many whistleblowers who tried to do the right thing but, because they didn't have the financial means or retirement packages, attorneys that believed in them, or the physical and mental stamina needed to pursue a whistleblower case, they were unable to fight back.

The Web site has drawn over 215,000 visitors.

Of her seven-year ordeal Chambers said, "My case shows the kind of perseverance one has to have if you have a chance of prevailing. ... Not many whistleblowers are going to be able to stick to it as long as we have all these years."

***

After 21 years in policing, Chambers became chief of police in Durham, N.C., in January 1998. She went to work for the Park Police in 2002. Her husband, a retired police officer, and she both had retirement incomes, so they had time to pursue the case.

However, in a year they used up most of their retirement savings fighting for her job. If it hadn't been for PEER working pro bono to represent her and the fact that some of her lawyers (including Bloomington's Mick Harrison) worked for a "greatly reduced fee," she might well have lost the case.

According to PEER attorney Dinerstein, the Chambers case results were significant.

"The case was groundbreaking legally," she wrote in an e-mail. "First it established that federal employees are entitled to whistleblower protection for disclosing specific dangers to public health or safety, even if those dangers emanate from budget or policy decisions concerning the funding of certain government activities or programs. In Chambers's case, she claimed that understaffing and underfunding of the Park Police was leading to specific dangers to public safety.

"The second is that even where the employee is found to have engaged in some misconduct, they cannot be punished for it if that punishment is really a pretext for retaliating against the employee for whistleblower disclosures. Once an employee is found to be a whistleblower, the agency has a heavy burden of proof to show that the action taken against the employee was not retaliation."

The final MSPB decision implemented the law and the standards of proof the way that the whistleblower community has long advocated, Dinerstein wrote.

"The MSPB examined the record of the case in depth to see whether the charges brought against Chambers which were not directly premised on her protected whistleblowing (the only ones that could possibly stand) had strong evidence behind them. Even though the court above them had previously upheld those charges on a preponderance of the evidence standard, the board found the evidence was weak for purposes of meeting the government's heavy burden in a whistleblower case."

The MSPB also looked at the government's motivation and concluded the charges would not have been brought at all if Chambers had not been a whistleblower, Dinerstein wrote.

"This left no legitimate charges against her, and she was reinstated. So the decision, while not actually changing existing law, is a model of how whistleblower cases should be analyzed."

Thursday, December 16, 2010

Espionage Act endangers First Amendment rights, ACLU warns

By Eric W. Dolan - Thursday, December 16th, 2010


Applying the US Espionage Act to third-party publishers of classified information like WikiLeaks would violate protected speech rights, the American Civil Liberties Union (ACLU) told members of the House Judiciary Committee Thursday.

"If the Espionage Act were to be applied to publishers, it would have the unconstitutional effect of infringing on the constitutionally protected speech rights of all Americans, and it would have a particularly negative effect on investigative journalism – a necessary and fundamental part of our democracy," the ACLU said in a statement (.pdf).

"In the current environment, it would be all too easy for inflamed public passions to serve as the basis for arguments to justify broadening even further the proscriptions of the law. Instead, Congress should stand clear-eyed and firm against arguments based on passion, not reason – and narrow the Espionage Act to those who leak properly classified information."

"[W]e urge Congress to resist the urge to broaden the Espionage Act's already overbroad proscriptions and, instead, to narrow the Act’s focus to those responsible for leaking properly classified information to the detriment of our national security," they continued. "Publishers who are not involved in the leaking of classified information should be praised by our society for their contributions to public discourse, not vilified as the co-conspirators of leakers with whom they have no criminal connection."

Government documents are too easy to classify, which has resulted in the classification of thousands of documents that pose no real risk to national security if released, according to the ACLU.

"Documents that are unnecessarily classified under such a system have the effect of grossly expanding the penalties of the Espionage Act to the release and publication of documents having purely innocuous content – but which happen to be designated as secret."

The ACLU urged Congress to amend the Espionage Act by removing all references to "publication" from the legislation and to improve the current classification system.

The committee's Thursday hearing on "the Espionage Act and the Legal and Constitutional Issues Raised by WikiLeaks" included a number of legal scholars and attorneys, including Ralph Nader.

Benjamin Wittes, a senior fellow in Governance Studies at The Brookings Institution, warned Monday that applying the Espionage Act to WikiLeaks founder Julian Assange could make "felons of us all."

Under the Act, anyone "having unauthorized possession of" information relating to the national defense, or information that could be "used to the injury of the United States or to the advantage of any foreign nation" may be prosecuted if he or she publishes it or "willfully retains" it.

"By its terms, it criminalizes not merely the disclosure of national defense information by organizations such as Wikileaks, but also the reporting on that information by countless news organizations," Wittes wrote on his blog. "It also criminalizes all casual discussions of such disclosures by persons not authorized to receive them to other persons not authorized to receive them–in other words, all tweets sending around those countless news stories, all blogging on them, and all dinner party conversations about their contents."

The State Department has argued that Assange is not "journalist" or "whistleblower," but a "political actor" with his own agenda.