"Once you walk into a courtroom, you've already lost. The best way to win is to avoid it at all costs, because the justice system is anything but" Sydney Carton, Attorney. "There is no one in the criminal justice system who believes that system works well. Or if they are, they are for courts that are an embarrassment to the ideals of justice. The law of real people doesn't work" Lawrence Lessig, Harvard Law Professor.
Tuesday, August 5, 2014
Increasingly, post-9/11, under the rubric of “privatization,” though it should more accurately have been called “corporatization,” the Pentagon took a series of crony companies off to war with it. In the process, it gave “capitalist war” a more literal meaning, thanks to its wholesale financial support of, and the shrugging off of previously military tasks onto, a series of warrior corporations.
Meanwhile, the 17 members of the U.S. Intelligence Community -- yes, there are 17 major intelligence outfits in the national security state -- have been growing, some at prodigious rates. A number of them have undergone their own versions of corporatization, outsourcing many of their operations to private contractors in staggering numbers, so that we now have “capitalist intelligence” as well. With the fears from 9/11 injected into society and the wind of terrorism at their backs, the Intelligence Community has had a remarkably free hand to develop surveillance systems that are now essentially “watching” everyone -- including, it seems, other branches of the government.
Think of Edward Snowden, the former CIA employee who went over to the corporate side of the developing national security economy, as the first blowback figure from and on the world of “capitalist intelligence.” Thanks to him, we have an insider’s view of the magnitude of the ambitions and operations of the National Security Agency. The scope of that agency's surveillance operations and the range of global and domestic communications it now collects have proven breathtaking -- with more information on its reach still coming out. And keep in mind that it’s only one agency.
We know as well that the secret world has developed its own secret body of law and its own secret judiciary, largely on the principle of legalizing whatever it wanted to do. As the New York Times's Eric Lichtblau has reported, it even has its own Supreme Court equivalent in the Foreign Intelligence Surveillance Court. And about all this, the other branches of government know only limited amounts and American citizens know next to nothing.
From the Pentagon to the Department of Homeland Security to the labyrinthine world of intelligence, the rise to power of the national security state has been a spectacle of our time. Whenever news of its secret operations begins to ooze out, threatening to unnerve the public, the White House and Congress discuss “reforms” which will, at best, modestly impede the expansive powers of that state within a state. Generally speaking, its powers and prerogatives remain beyond constraint by that third branch of government, the non-secret judiciary. It is deferred to with remarkable frequency by the executive branch and, with the rarest of exceptions, it has been supported handsomely with much obeisance and few doubts by Congress.
Only two of the four branches of government -- an activist Supreme Court and the national security state -- seem capable of functioning in a genuine policymaking capacity at the moment.
Anger, outrage, and irritation, as well as news of acts of seeming illegality now swirling around a 6,300-page CIA “torture report” produced but not yet made public by the Senate Intelligence Committee. This ongoing controversy reveals a great deal about the nature of the checks and balances on the Fourth Branch of government in 2014.
One of the duties of Congress is to keep an eye on the functioning of the government using its powers of investigation and oversight. In the case of the CIA’s program of Bush-era rendition, black sites (offshore prisons), and “enhanced interrogation techniques” (a.k.a. torture), the Senate Intelligence Committee launched an investigation in March 2009 into what exactly occurred when suspects in the war on terror were taken to those offshore prisons and brutally interrogated. “Millions” of CIA documents, handed over by the Agency, were analyzed by Intelligence Committee staffers at a “secure" CIA location in Northern Virginia.
Among them was a partial copy of a document known as the “Internal Panetta Review,” evidently a report for the previous CIA director on what the Senate committee might find among those documents being handed over to its investigators. It reportedly reached some fairly strong conclusions of its own about the nature of the CIA’s interrogation overreach in those years.
According to Democratic Senator Dianne Feinstein, the committee head, this document was among the mass of documentation the CIA turned over -- whether purposely, inadvertently, or thanks to a whistleblower no one knows. (The CIA, on the other hand, claimed, until recently, that committee staffers had essentially stolen it from its computer system.)
The Agency or its private contractors (intelligence capitalism strikes again!) reportedly worked in various ways to obstruct the committee’s investigation, including by secretly removing previously released documents from the committee's "secure" computer system. Nonetheless, its report was completed in December 2012 and passed on to the White House “for comment” -- and then the fun began.
Though relatively few details about its specific contents have leaked out, word has it that it will prove devastating. It will supposedly show, among other things, that those “enhanced interrogation techniques” the CIA used were significantly more brutal than what was described to Congressional overseers; that they went well beyond what the “torture memo” lawyers of the Bush administration had laid out (which, mind you, was brutal enough); that no plots were broken up thanks to torture; and that top figures in the Agency, assumedly under oath, “misled” Congress (a polite word for “lied to,” a potential criminal offense that goes by the name of perjury). Senators knowledgeable on the contents of the report have repeatedly insisted that when it goes public, Americans will be shocked by its contents.
The CIA seemed to go to Def Con 2 and decided to turn its spying skills on the committee and its staffers. Claiming that those staffers had gotten the Panetta Internal Review by “hacking” the CIA’s computers, it essentially hacked the committee’s computers and searched them. In the meantime, its acting general counsel, Robert Eatinger, who had been the chief lawyer for the counterterrorism unit out of which the CIA interrogation programs were run, and who was mentioned 1,600 times in the Senate report, filed (to quote Feinstein) a “crimes report to the Department of Justice on the actions of congressional staff -- the same congressional staff who researched and drafted a report that details how CIA officers -- including the acting general counsel himself -- provided inaccurate information to the Department of Justice about the program.” (Back in 2005, Eatinger had also been one of two lawyers responsible for not stopping the destruction of CIA videotapes of the brutal interrogations of terror suspects in its secret prisons.)
According to Feinstein, CIA Director John Brennan met with her, lied to her, and essentially tried to intimidate her by telling her “that the CIA had searched a ‘walled-off committee network drive containing the committee’s own internal work product and communications’ and that he was going to ‘order further forensic evidence of the committee network to learn more about activities of the committee’s oversight staff.’” In other words, the overseen were spying upon and now out to get the overseers. And more than that, based on a single incident in which one of its greatest supporters in Congress stepped over the line, the Agency was specifically out to get the senator from the national security state.
There was a clear message here: Oversight or not, don’t f***k with us.
By the way, since the CIA is the injuring, not the injured, party, there is no reason to take seriously the self-interested words of its officials, past or present, on any of this, or any account they offer of events or charges they make. We’re talking, after all, about an outfit responsible for the initial brutal acts of interrogation, for false descriptions of them, for lying to Congress about them, for destroying evidence of the worst of what it had done, for spying on a Senate committee and its computer system, and for somehow obtaining “legally protected email and other unspecified communications between whistleblower officials and lawmakers this spring relating to the Agency and the committee’s report.” In addition, according to a recent front-page story in the New York Times, its former director from the Bush years, George Tenet, has been actively plotting “a counterattack against the Senate committee’s voluminous report” with the present director and various past Agency officials. (And keep in mind that “roughly 200 people under Tenet’s leadership who had at some point participated in the interrogation program” are still working at the Agency.)
Whatever happens with the report itself and despite the recent CIA apology, don’t expect the Senate to bring perjury charges against former CIA leaders for any lies to Congress. (It didn’t do so, after all, in the earlier case of Director of National Intelligence James Clapper.) And don’t expect prosecutions of significant figures from a Justice Department that, in the Obama years, refused to prosecute even those in the CIA responsible for the deaths of prisoners.
The fact is that, for the Fourth Branch, this remains the age of impunity. Hidden in a veil of secrecy, bolstered by secret law and secret courts, surrounded by its chosen corporations and politicians, its power to define policy and act as it sees fit in the name of American safety is visibly on the rise. No matter what setbacks it experiences along the way, its urge to expand and control seems, at the moment, beyond staunching. In the context of the Senate’s torture report, the question at hand remains: Who rules Washington & the country?
John Whitehead's warning about the American police state:
According to professors Steve Fraser and Joshua B. Freeman, “All told, nearly a million prisoners are now making office furniture, working in call centers, fabricating body armor, taking hotel reservations, working in slaughterhouses, or manufacturing textiles, shoes, and clothing, while getting paid somewhere between 93 cents and $4.73 per day.” Tens of thousands of inmates in U.S. prisons are making all sorts of products, from processing agricultural products like milk and beef, to packaging Starbucks coffee, to shrink-wrapping software for companies like Microsoft, to sewing lingerie for Victoria’s Secret.
What some Americans may not have realized, however, is that America’s economy has come to depend in large part on prison labor. “Prison labor reportedly produces 100 percent of military helmets, shirts, pants, tents, bags, canteens, and a variety of other equipment. Prison labor makes circuit boards for IBM, Texas Instruments, and Dell. Many McDonald's uniforms are sewn by inmates. Other corporations—Microsoft, Victoria's Secret, Boeing, Motorola, Compaq, Revlon, and Kmart—also benefit from prison labor.” The resulting prison labor industries, which rely on cheap, almost free labor, are doing as much to put the average American out of work as the outsourcing of jobs to China and India.
No wonder America is criminalizing mundane activities, arresting Americans for minor violations, and locking them up for long stretches of time. There’s a significant amount of money being made by the police, the courts, the prisons, and the corporations.
What we’re witnessing is the expansion of corrupt government power in the form of corporate partnerships which both increase the reach of the state into our private lives while also adding a profit motive into the mix, with potentially deadly consequences.
This perverse mixture of government authoritarianism and corporate profits is now the prevailing form of organization in American society today. We are not a nation dominated by corporations, nor are we a nation dominated by government. We are a nation dominated by corporations and government together, in partnership, against the interests of individuals, society and ultimately our freedoms.
If it sounds at all conspiratorial, the idea that a government would jail its citizens so corporations can make a profit, then you don’t know your history very well. It has been well documented that Nazi Germany forced inmates into concentration camps such as Auschwitz to provide cheap labor to BASF, Bayer, Hoechst, and other major German chemical and pharmaceutical companies, much of it to produce products for European countries.
FBI to hire firm to rate ‘positive’ and ‘negative’ stories about them:
The FBI is hiring a contractor to grade news stories about the agency as “positive” “neutral” or “negative,” but the agency won’t say why officials need the information or what they plan to do with it.
FBI officials wouldn’t even reveal how they will go about assigning the grades, which were laid out in a recent contract solicitation. The contract tells potential bidders to “use their judgment” in scoring news coverage as part of a new “daily news briefing” service the agency is seeking as part of a contract that could last up to five years.
In a statement of work, the agency says its public affairs office needs a contractor to help monitor “breaking news, editorials, long-form journalism projects and the larger public conversation about law enforcement.”
But the lack of clear public methods and goals raises “troubling questions,” said Dan Kennedy, a journalism professor at Northeastern University.
“You would certainly worry this could affect access,” he said. “It might affect the way they’re going to approach your questions, whether they’re going to be extra careful not to make news if you’re on the ‘bad list.’”
President Obama backs CIA chief apologizing to senators over illegal computer searches:
President Barack Obama voiced full support for CIA Director John Brennan, who has apologized to Senate intelligence committee leaders after an investigation found his agency inappropriately searched congressional computers.
“I have full confidence in John Brennan,” Obama said at a news conference at the White House yesterday where he also discussed the economy, the conflict in the Middle East and border security.
The president also sought to put in context the anti-terrorist activities of the government underlying the current conflict between the CIA and Senate, which began with an intelligence committee probe of U.S. interrogation tactics following the terrorist attacks of Sept. 11, 2001.
“Even before I came into office, I was very clear that in the immediate aftermath of 9/11, we did some things that were wrong,” Obama said. “We did a whole lot of things that were right, but we tortured some folks. We did some things that were contrary to our values.”
“There was enormous pressure on our law enforcement and our national security teams to try to deal with this,” he said. “And you know, it’s important for us not to feel too sanctimonious in retrospect.”
Posted by mapi at 7:57 AM