Tag Archives: Patriot Act

Chris Hedges is suing Obama over indefinite detention bill

A little over a fortnight ago [on Friday 13th], attorneys Carl Mayer and Bruce Afran filed suit in the Southern U.S. District Court in New York City against President Obama and Secretary of Defense Leon Panetta to challenge the legality of the National Defense Authorization Act (NDAA 2012), which authorises indefinite detention of suspects without charge or trial:

The act authorizes the military in Title X, Subtitle D, entitled “Counter-Terrorism,” for the first time in more than 200 years, to carry out domestic policing. With this bill, which will take effect March 3, the military can indefinitely detain without trial any U.S. citizen deemed to be a terrorist or an accessory to terrorism. And suspects can be shipped by the military to our offshore penal colony in Guantanamo Bay and kept there until “the end of hostilities.” It is a catastrophic blow to civil liberties.1

Click here to read an earlier post on NDAA 2012.

Mayer and Afran filed the litigation on behalf of plaintiff Chris Hedges, a senior fellow at the Nation Institute and former New York Times foreign correspondent who was part of a team of reporters that was awarded the Pulitzer Prize in 2002. In an article posted on January 16th entitled “Why I’m suing Barack Obama”, Hedges says:

I spent many years in countries where the military had the power to arrest and detain citizens without charge. I have been in some of these jails. I have friends and colleagues who have “disappeared” into military gulags. I know the consequences of granting sweeping and unrestricted policing power to the armed forces of any nation. And while my battle may be quixotic, it is one that has to be fought if we are to have any hope of pulling this country back from corporate fascism.

Adding that:

[But] I suspect the real purpose of this bill is to thwart internal, domestic movements that threaten the corporate state. The definition of a terrorist is already so amorphous under the Patriot Act that there are probably a few million Americans who qualify to be investigated if not locked up. Consider the arcane criteria that can make you a suspect in our new military-corporate state. The Department of Justice considers you worth investigating if you are missing a few fingers, if you have weatherproof ammunition, if you own guns or if you have hoarded more than seven days of food in your house. Adding a few of the obstructionist tactics of the Occupy movement to this list would be a seamless process. On the whim of the military, a suspected “terrorist” who also happens to be a U.S. citizen can suffer extraordinary rendition—being kidnapped and then left to rot in one of our black sites “until the end of hostilities.” Since this is an endless war that will be a very long stay.

Click here to read Hedges’ full article.

On Jan 17th, Hedges and his attorney Mayer discussed their reasons for taking legal action on Democracy Now! :

CARL MAYER: Well, the purpose of the litigation is to have a federal court declare this act unconstitutional. And that would apply to everyone.

Chris is an important plaintiff in this, because—you just showed the clip from Mitt Romney. I’m not sure that Mitt Romney has read this bill. The act is so broad and vague that it covers, in its writing, any persons who give, quote, “substantial support to al-Qaeda, the Taliban, or,” quote, “associated forces,” which are incredibly broad, nebulous terms and could capture, within those—their terms, journalists like Chris Hedges, who courageously has gone around the world to interview members of opposition parties, to interview members of terrorist groups, to report the truth. And so, when Mitt Romney says these are people who are in terrorist organizations, that’s not how the bill is written. It’s written so broadly that it could encompass a journalist like Chris Hedges.

CHRIS HEDGES: President Obama said he was going to veto it, but we now know from leaks out of Levin’s office that that’s because the executive branch wanted to decide. They wanted the power to decide who would be tried, who would be granted exemptions. It wasn’t actually about the assault against due process.

And I think we have to ask, if the security establishment did not want this bill, and the FBI Director Mueller actually goes to Congress and says publicly they don’t want it, why did it pass? What pushed it through? And I think, without question, the corporate elites understand that things, certainly economically, are about to get much worse. I think they’re worried about the Occupy movement expanding. And I think that, in the end—and this is a supposition—they don’t trust the police to protect them, and they want to be able to call in the Army. And if this bill goes into law, and it’s slated to go into law in March, they will be able to do that.

Click here to read a full transcript of the interview.

1 From an article entitled “Why I’m suing Barack Obama”, written by Chris Hedges, posted on Jan 16, 2012. http://www.truthdig.com/report/item/why_im_suing_barack_obama_20120116/

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internet freedom and the sovereigns of cyberspace

With two controversial internet ‘anti-piracy’ bills, SOPA and PIPA, now moving through Congress, Rebecca MacKinnon, author of the forthcoming book, “Consent of the Networked: The Worldwide Struggle for Internet Freedom” spoke on yesterday’s Democracy Now! about the clampdown on internet freedom, as well as the dangerous rise of internet surveillance:

[And so,] it’s very important that people who are exercising power, whether they’re corporate or whether they’re government, that are exercising power over what we can see, over what we can access, over what we can publish and transmit through these digital spaces, need to be held accountable, and we need to make sure that power is not being abused in these digital spaces and platforms that we depend on. And so, that’s why this SOPA and PIPA legislation and the fight over it is so important, is who are you empowering to decide what people can and cannot see and do on the internet, and how do you make sure that that power is not going to be abused in ways that could have political consequences.

MacKinnon cites examples from all over the world showing how the internet can be controlled or else used for control. Here is China:

And China, in many ways, is exhibit A for how an authoritarian state survives the internet. And how do they do that? They have not cut off their population from the internet. In fact, the internet is expanding rapidly in China. They now have over 500 million internet users. And the Chinese government recognizes that being connected to the global internet is really important for its economy, for its education, for its culture, for innovation. Yet, at the same time, they have worked out a way to filter and censor the content overseas that they feel their citizens should not be accessing.

And what’s even more insidious, actually, is the way in which the state uses the private sector to conduct most of its censorship and surveillance. So, actually, what we know as the Great Firewall of China that blocks Twitter and Facebook, that’s only one part of Chinese internet censorship. Actually, most Chinese internet users are using Chinese-language websites that are run by Chinese companies based in China, and those companies are all held responsible for everything their users are doing. And so, they have to hire entire departments of people to monitor their users at the police’s behest and also to not just block, but delete content that the Chinese government believes infringes Chinese law. And, of course, when—in a country where crime is defined very broadly to include political and religious dissent, that involves a great deal of censorship. And it’s being conducted, to a great degree, not by government agents, but by private corporations who are complying with these demands in order to make a profit in China.

This is Egypt:

Facebook has its own kind of type of governance, which is why I call private internet companies the “sovereigns of cyberspace.” And so, Facebook has a rule where it requires that its users need to use their real name, their real identity. And while some people violate that rule, that makes them vulnerable to having their account shut down if they are discovered. And so, the reason they do this is that they want people to be accountable for their speech and prevent bullying and so on. And that may make sense in the context of a Western democracy, assuming that you’re not vulnerable in your workplace or anything like that, which is even a question, but it means that you have to be—as an Egyptian activist or as an activist in Syria and so on, you’re more exposed, because you have to be on Facebook using your real name.

And actually, a group of prominent activists in Egypt who were using Facebook to organize an anti-torture movement were doing so, before the regime fell, under fake names, and actually, at a critical point where they were trying to organize a major protest, their Facebook group went down, because they were in violation of the terms of service. And they actually had to find somebody in the U.S. to take over their Facebook page so that they could continue to operate.

And this is America:

American political cartoonist, Mark Fiore, had an app in which he was making fun of a range of politicians, including President Obama, and Apple App Store nannies decided to censor that app, because they considered it to be too controversial, even though that speech was clearly protected under the First Amendment. So you have companies making these judgments that go well beyond sort of our judicial and constitutional process.

But much worse, here is America again (and I had no idea how much access the US government already has to investigate the private lives of citizens – the bold highlight is added):

And there’s also a real issue, I think, in the way in which our laws are evolving when it comes to government access to information stored on corporate servers, that is supposed to be private, that we are not intending to be seen in public, which is that, according to the PATRIOT Act and a range of other law that has been passed in recent years, it’s much easier for government agencies to access your email, to access information about your postings on Twitter, even if they’re anonymous, than it is for government agents to come into your home and search your personal effects. To do that, they need a warrant. There is very clear restriction on the government’s ability to read your mail. Yet, according to current law, if your email is older than 180 days old, the government can access your email, if it’s stored on Gmail or Yahoo! or Hotmail, without any kind of warrant or court order. So, there’s a real erosion of our Fourth Amendment rights, really, to protection from unreasonable search and seizure. And this is going on, I think, to a great degree without a lot people realizing the extent to which our privacy rights are being eroded.

Click here to read a full transcript of the interview

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Filed under analysis & opinion, China, Egypt, internet freedom, Iran, mass surveillance, Tunisia, Uncategorized, USA

12 steps to tyranny — the state of America under Obama

In April 2007, Naomi Wolf published an article in the Guardian entitled: “Fascist America, in 10 Easy Steps”.1

Her article began:

If you look at history, you can see that there is essentially a blueprint for turning an open society into a dictatorship. That blueprint has been used again and again in more and less bloody, more and less terrifying ways.

But it is always effective. It is very difficult and arduous to create and sustain a democracy – but history shows that closing one down is much simpler. You simply have to be willing to take the 10 steps.

As difficult as this is to contemplate, it is clear, if you are willing to look, that each of these 10 steps has already been initiated today in the United States by the Bush administration.

Click here to read Naomi Wolf’s full article

Of course, we no longer have the spectre of a Bush administration, and barely a year had elapsed after the publication of Naomi Wolf’s wake-up call, before the election of Barack Hussein Obama meant we should worry no longer.

Obama, with his offers of “change we can believe in”, and mantra of “hope” and “progress”. Surely, he would undo the damage of the Bush years. Surely those 10 steps that Wolf outlined would begin to be retraced. However, with the tenth anniversary of the events of 9/11 fast approaching, has anything really changed?

Let me begin from Wolf’s own analytical breakdown of the Bush Years, applying her same criteria to Obama’s term in office, point by point, before considering what, if any, new threats we may now be facing.

1 Invoke a terrifying internal and external enemy

After we were hit on September 11 2001, we were in a state of national shock. Less than six weeks later, on October 26 2001, the USA Patriot Act was passed by a Congress that had little chance to debate it; many said that they scarcely had time to read it. We were told we were now on a “war footing”; we were in a “global war” against a “global caliphate” intending to “wipe out civilisation”.

We still live in a world deformed by the events of 9/11. John Ashcroft’s so-called Patriot Act still stands, and on February 27th 2010, Obama signed a one-year extension of the act.

The three sections of the Patriot Act that Obama agreed to extend included:

  • Authorize court-approved roving wiretaps that permit surveillance on multiple phones.
  • Permit surveillance against a so-called lone wolf, which is a non-US citizen engaged in terrorism who many not be part of a recognized terrorist group.
  • Allow court approved seizure of records and property in anti-terrorism operations2

Then, on May 26th, 2011, just minutes before another deadline, Obama approved a further four-year extension of the Patriot Act powers, maintaining provisions for roving wiretaps, searches of business records and conducting surveillance of “lone wolves”.3

Where Bush played up the threat from Al Qaeda, according to Obama, the bigger threat is now from “lone wolves”. So whereas the Bush administration justified civil rights infringements on the grounds that it needed to protect America from Al Qaeda, Obama is saying that America’s most wanted are no longer external enemies, but those with altogether more domestic grievances, and with a very different agenda than Holy Jihad. In making this claim he has widened the net, and set the stage for even tighter restrictions on the civil liberties.
2 Create a gulag

Once you have got everyone scared, the next step is to create a prison system outside the rule of law (as Bush put it, he wanted the American detention centre at Guantánamo Bay to be situated in legal “outer space”) – where torture takes place.

At first, the people who are sent there are seen by citizens as outsiders: troublemakers, spies, “enemies of the people” or “criminals”. Initially, citizens tend to support the secret prison system; it makes them feel safer and they do not identify with the prisoners. But soon enough, civil society leaders – opposition members, labour activists, clergy and journalists – are arrested and sent there as well.

In spite of Obama’s election pledge, Guantánamo remains open. But Guantánamo is, in any case, just one of many secret (or at least out-of-sight) US detention centres still operating around the world. There is, thankfully, less talk of the need for torture. Torture is almost a dirty word again. The Obama administration prefers to talk of “enhanced interrogation” and “debriefing”. But does anyone seriously believe that torture (by whatever name it chooses to call itself) is no longer sanctioned at Guantánamo and in those other darker corners.

Undoubtedly, the most high-profile case of the Obama years involves the detention of alleged wikileaks source Bradley Manning, who has been held for over a year in the Quantico marine base in Virginia awaiting court-martial in what have been described as “degrading and inhumane conditions”:

Under the terms of his detention, he is kept in solitary confinement for 23 hours a day, checked every five minutes under a so-called “prevention of injury order” and stripped naked at night apart from a smock.4

However, and as Mehdi Hasan writing for the Guardian in April of this year points out, the case of Bradley Manning represents only the tip of the iceberg:

[But] it wasn’t a Republican Congress that forced [Obama], for instance, to double the size of the Bagram facility – where human rights groups have documented torture and deaths – and deny prisoners the right to challenge their detention. He did that on his own. Bagram is Obama’s Guantánamo.5

More recently, Jeremy Scahill has also shone light on CIA operations at secret sites in Somalia:

Meanwhile, Obama has consistently refused to allow the prosecution of those who openly called for and approved the use of torture, and has thus failed to draw a necessary line under the crimes of the previous administration.6

3 Develop a thug caste

When leaders who seek what I call a “fascist shift” want to close down an open society, they send paramilitary groups of scary young men out to terrorise citizens. The Blackshirts roamed the Italian countryside beating up communists; the Brownshirts staged violent rallies throughout Germany. This paramilitary force is especially important in a democracy: you need citizens to fear thug violence and so you need thugs who are free from prosecution.

The years following 9/11 have proved a bonanza for America’s security contractors, with the Bush administration outsourcing areas of work that traditionally fell to the US military. In the process, contracts worth hundreds of millions of dollars have been issued for security work by mercenaries at home and abroad.

It’s hard to get precise numbers here due to the covert nature of many US operations, but it seems that the Obama administration has actually increased the use of “military contractors”. For instance, by June 2009, although the number of military contractors in Iraq was reduced, in Afghanistan, it rose to almost 74,000, far outnumbering the roughly 58,000 U.S. soldiers on the ground at that point.7 Under Obama, the use of mercenaries has also spilled over into neighbouring Pakistan.8 In March 2011, there were more contractors in Afghanistan and Iraq than “uniformed personnel”.9

4 Set up an internal surveillance system

In Mussolini’s Italy, in Nazi Germany, in communist East Germany, in communist China – in every closed society – secret police spy on ordinary people and encourage neighbours to spy on neighbours. The Stasi needed to keep only a minority of East Germans under surveillance to convince a majority that they themselves were being watched.

In 2005 and 2006, when James Risen and Eric Lichtblau wrote in the New York Times about a secret state programme to wiretap citizens’ phones, read their emails and follow international financial transactions, it became clear to ordinary Americans that they, too, could be under state scrutiny.

In closed societies, this surveillance is cast as being about “national security”; the true function is to keep citizens docile and inhibit their activism and dissent.

So that was Naomi Wolf in September 2007, and here is Charlie Savage reporting for The New York Times in June 2011:

The Federal Bureau of Investigation is giving significant new powers to its roughly 14,000 agents, allowing them more leeway to search databases, go through household trash or use surveillance teams to scrutinize the lives of people who have attracted their attention.

The F.B.I. soon plans to issue a new edition of its manual, called the Domestic Investigations and Operations Guide, according to an official who has worked on the draft document and several others who have been briefed on its contents.

The article continues:

Some of the most notable changes apply to the lowest category of investigations, called an “assessment.” The category, created in December 2008, allows agents to look into people and organizations “proactively” and without firm evidence for suspecting criminal or terrorist activity.10

More generally, as National Journal correspondent, Shane Harris, explained to Democracy Now! in February 2010, spying on US citizens has actually become easier under the Obama administration’s national security strategy:

Click here to read the full transcript of the interview.
5 Harass citizens’ groups

The fifth thing you do is related to step four – you infiltrate and harass citizens’ groups. It can be trivial: a church in Pasadena, whose minister preached that Jesus was in favour of peace, found itself being investigated by the Internal Revenue Service, while churches that got Republicans out to vote, which is equally illegal under US tax law, have been left alone.

Other harassment is more serious: the American Civil Liberties Union reports that thousands of ordinary American anti-war, environmental and other groups have been infiltrated by agents: a secret Pentagon database includes more than four dozen peaceful anti-war meetings, rallies or marches by American citizens in its category of 1,500 “suspicious incidents”.

The equally secret Counterintelligence Field Activity (Cifa) agency of the Department of Defense has been gathering information about domestic organisations engaged in peaceful political activities: Cifa is supposed to track “potential terrorist threats” as it watches ordinary US citizen activists. A little-noticed new law has redefined activism such as animal rights protests as “terrorism”. So the definition of “terrorist” slowly expands to include the opposition.

And again, here is Charlie Savage from the same article of June 2011:

The new manual will also remove a limitation on the use of surveillance squads, which are trained to surreptitiously follow targets. Under current rules, the squads can be used only once during an assessment, but the new rules will allow agents to use them repeatedly. Ms. Caproni said restrictions on the duration of physical surveillance would still apply, and argued that because of limited resources, supervisors would use the squads only rarely during such a low-level investigation.

The revisions also clarify what constitutes “undisclosed participation” in an organization by an F.B.I. agent or informant, which is subject to special rules — most of which have not been made public. The new manual says an agent or an informant may surreptitiously attend up to five meetings of a group before those rules would apply — unless the goal is to join the group, in which case the rules apply immediately.

Click here to read the full article.

6 Engage in arbitrary detention and release

This scares people. It is a kind of cat-and-mouse game. Nicholas D Kristof and Sheryl WuDunn, the investigative reporters who wrote China Wakes: the Struggle for the Soul of a Rising Power, describe pro-democracy activists in China, such as Wei Jingsheng, being arrested and released many times. In a closing or closed society there is a “list” of dissidents and opposition leaders: you are targeted in this way once you are on the list, and it is hard to get off the list.

In 2004, America’s Transportation Security Administration [TSA] confirmed that it had a list of passengers who were targeted for security searches or worse if they tried to fly. People who have found themselves on the list? Two middle-aged women peace activists in San Francisco; liberal Senator Edward Kennedy; a member of Venezuela’s government – after Venezuela’s president had criticised Bush; and thousands of ordinary US citizens. […]

It is a standard practice of fascist societies that once you are on the list, you can’t get off.

About a year after Obama took office, in January 2010, the “watch” and “no-fly” lists were expanded to “improve our watchlisting system as well as our ability to thwart future attempts to carry out terrorist attacks”.11

There are videos all over youtube which show how searches conducted by TSA contractors are in direct violation of the fourth amendment. Even children are now subjected to routine harassment. Here, for example, a distraught mother watches as her six-year-old girl is searched, presumably for explosives, by TSA ‘officers’:

7 Target key individuals

Threaten civil servants, artists and academics with job loss if they don’t toe the line. Mussolini went after the rectors of state universities who did not conform to the fascist line; so did Joseph Goebbels, who purged academics who were not pro-Nazi; so did Chile’s Augusto Pinochet; so does the Chinese communist Politburo in punishing pro-democracy students and professors.

Academe is a tinderbox of activism, so those seeking a fascist shift punish academics and students with professional loss if they do not “coordinate”, in Goebbels’ term, ideologically. Since civil servants are the sector of society most vulnerable to being fired by a given regime, they are also a group that fascists typically “coordinate” early on: the Reich Law for the Re-establishment of a Professional Civil Service was passed on April 7 1933.

Perhaps the most high-profile case since Obama took office has been attempts to prosecute National Security Agency (NSA) whistleblower Thomas Drake. According to The New Yorker, the Obama administration has used the Espionage Act of 1917 to press criminal charges in a total of five alleged instances of national security leaks—more such prosecutions than have occurred in all previous administrations combined.12

Democracy Now! spoke to former Justice Department whistleblower, Jesselyn Radack, about the case of Thomas Drake in May 2011:

Click here to read the full transcript of the interview.

In June 2011, on the eve of the trial, the whole case against Thomas Drake was dropped:

Days before his trial was set to begin, former National Security Agency manager and accused leaker Thomas A. Drake accepted a plea deal from the government Thursday that drops the charges in his indictment, absolves him of mishandling classified information and calls for no prison time.

In exchange, Drake, who was facing 35 years in prison if convicted of violating the Espionage Act, will plead guilty to a misdemeanor of exceeding authorized use of a computer. He will pay no fine, and the maximum probation time he can serve will be capped at one year.13

8 Control the press

Over time in closing societies, real news is supplanted by fake news and false documents. […]
You won’t have a shutdown of news in modern America – it is not possible. But you can have, as Frank Rich and Sidney Blumenthal have pointed out, a steady stream of lies polluting the news well. What you already have is a White House directing a stream of false information that is so relentless that it is increasingly hard to sort out truth from untruth.

In a fascist system, it’s not the lies that count but the muddying. When citizens can’t tell real news from fake, they give up their demands for accountability bit by bit.

“Who cares what the media says about anything? They are bought and paid for a thousand times over. They couldn’t tell the truth if they could find it.” So said Gore Vidal in October 2006.14

Five years on, and the mainstream media is no less bridled; the same small corporate cartel, that is bent on privileging the special interests of a few powerful owners and sponsors, maintains its dominance. And although, in the meantime, the challenge from independent voices has been steadily on the rise via the internet, it is in precisely these areas of the “new media” where controls are now being brought in.

But applying restrictions requires justification, and so these latest attacks against freedom of speech are couched as a necessary response to what the government deems, and thus what the public is encouraged to believe, to be a threat. The following extract is taken directly from the wikipedia entry on Cass Sunstein, who, in September 2009, was appointed as Obama’s Administrator of the Office of Information and Regulatory Affairs (the original footnotes to references are preserved)15:

[Cass] Sunstein co-authored a 2008 paper with Adrian Vermeule, titled “Conspiracy Theories,” dealing with the risks and possible government responses to false conspiracy theories resulting from “cascades” of faulty information within groups that may ultimately lead to violence. In this article they wrote, “The existence of both domestic and foreign conspiracy theories, we suggest, is no trivial matter, posing real risks to the government’s antiterrorism policies, whatever the latter may be.” They go on to propose that, “the best response consists in cognitive infiltration of extremist groups”,[22] where they suggest, among other tactics, “Government agents (and their allies) might enter chat rooms, online social networks, or even real-space groups and attempt to undermine percolating conspiracy theories by raising doubts about their factual premises, causal logic or implications for political action.”[22] They refer, several times, to groups that promote the view that the US Government was responsible or complicit in the September 11 attacks as “extremist groups.”

Sunstein and Vermeule also analyze the practice of recruiting “nongovernmental officials”; they suggest that “government can supply these independent experts with information and perhaps prod them into action from behind the scenes,” further warning that “too close a connection will be self-defeating if it is exposed.”[22] Sunstein and Vermeule argue that the practice of enlisting non-government officials, “might ensure that credible independent experts offer the rebuttal, rather than government officials themselves. There is a tradeoff between credibility and control, however. The price of credibility is that government cannot be seen to control the independent experts.” This position has been criticized by some commentators,[23][24] who argue that it would violate prohibitions on government propaganda aimed at domestic citizens.[25] Sunstein and Vermeule’s proposed infiltrations have also been met by sharply critical scholarly critiques.[26][27]

So which is the greater threat, a few people with alternative views and accounts, or the kinds of subversion of (or even outright clampdown on) free speech proposed, and now being put into effect by Cass Sunstein?

Simply being out of step with the official line is now enough to get you categorised as an “extremist”, and so a distinction that was once reserved for those who threatened the use of violent overthrow, is now directed against anyone who merely disagrees.

9 Dissent equals treason

Cast dissent as “treason” and criticism as “espionage’. Every closing society does this, just as it elaborates laws that increasingly criminalise certain kinds of speech and expand the definition of “spy” and “traitor”.

wrote Wolf back in 2007, and as we have seen the Obama administration has used the Espionage Act of 1917 on more occasions than any other administration.

There is also the continuation of the “Threat Fusion Centers” created under Bush, which been found guilty of targeting, amongst other groups, anti-war activists:

In late February[2009], the American Civil Liberties Union (ACLU) criticized a leaked intelligence bulletin from the North Central Texas Fusion System asking law enforcement officers to report on the activities of Islamic and anti-war lobbying groups, specifically the Council on American Islamic Relations (CAIR) and the International Action Center (IAC). CAIR is a national Muslim advocacy group, while IAC is an American activist organization that opposes all U.S. military intervention overseas.16

Wolf’s analysis continues:

And here is where the circle closes: most Americans do not realise that since September of last year – when Congress wrongly, foolishly, passed the Military Commissions Act of 2006 – the president has the power to call any US citizen an “enemy combatant”. He has the power to define what “enemy combatant” means. The president can also delegate to anyone he chooses in the executive branch the right to define “enemy combatant” any way he or she wants and then seize Americans accordingly.

Even if you or I are American citizens, even if we turn out to be completely innocent of what he has accused us of doing, he has the power to have us seized as we are changing planes at Newark tomorrow, or have us taken with a knock on the door; ship you or me to a navy brig; and keep you or me in isolation, possibly for months, while awaiting trial. (Prolonged isolation, as psychiatrists know, triggers psychosis in otherwise mentally healthy prisoners. That is why Stalin’s gulag had an isolation cell, like Guantánamo’s, in every satellite prison. Camp 6, the newest, most brutal facility at Guantánamo, is all isolation cells.)

We US citizens will get a trial eventually – for now. But legal rights activists at the Center for Constitutional Rights say that the Bush administration is trying increasingly aggressively to find ways to get around giving even US citizens fair trials. “Enemy combatant” is a status offence – it is not even something you have to have done.

In 2009, the Military Commissions Act was amended to “remove some of its worst violations of due process”, but, according to a press release from the American Civil Liberties Union (ACLU), “the legislation still falls far short of the requirements imposed by the Constitution and Geneva Conventions.”17:

[The Military Commissions Act of 2009 ] continues to apply the military commissions to a much broader group of individuals than should be tried before them under the United States’ legal obligations, it does not completely bar all coerced testimony as required by the Constitution and does not even prohibit military commission trials of children.

Click here to read the full ACLU press release.

After legal challenges and pressure from federal judges, in March 2009, the Obama administration “jettisoned the Bush-era term ‘enemy combatant’ but maintained a broad right to detain those who provide ‘substantial’ assistance to al-Qaeda and its associates around the globe.” A report from the Washington Post continues:

Many human rights groups expressed dismay yesterday that the administration had not made a more radical change in tactics and policies.

Tom Parker, Amnesty International advocacy director for terrorism, counterterrorism and human rights, said, “It’s symbolically significant that he’s dropped the term ‘enemy combatant,’ but the power to detain individuals within the ‘indefinite detention without charge’ paradigm remains substantially intact.”

The legal filing is the latest signal that Obama’s team is not radically departing from many of the terrorism-related legal policies of the previous administration.18

Click here to read the full article.
10 Suspend the rule of law

The John Warner Defense Authorization Act of 2007 gave the president new powers over the national guard. This means that in a national emergency – which the president now has enhanced powers to declare – he can send Michigan’s militia to enforce a state of emergency that he has declared in Oregon, over the objections of the state’s governor and its citizens. […]

Critics see this as a clear violation of the Posse Comitatus Act – which was meant to restrain the federal government from using the military for domestic law enforcement. The Democratic senator Patrick Leahy says the bill encourages a president to declare federal martial law. It also violates the very reason the founders set up our system of government as they did: having seen citizens bullied by a monarch’s soldiers, the founders were terrified of exactly this kind of concentration of militias’ power over American people in the hands of an oppressive executive or faction.

Section 1076, which allowed the President to declare a public emergency and station the military anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities, was repealed in 2008. But then, on January 11th 2010 “in order to strengthen the partnership between federal and state governments in protecting the nation against all manner of threats, including terrorism and natural disasters,” President Obama signed an Executive Order, which established a body of ten state governors directly appointed by Obama to work to help advance the “synchronization and integration of State and Federal military activities in the United States” (see item (d) from section 2).

So does this open the door again for US troops to be brought in to control civil unrest in the aftermath of a national emergency? Well, the US Patriot Act is still in operation, which means that the US remains in a state of emergency.

*

Obama then has not substantially moved away from the policies he inherited from Bush. Nearly everything that Bush & co put into place following the 9/11 attacks remains in place, and so if Wolf is right, then America is just as close to tyranny as it was before his election. But actually there are reasons to belief that the situation is even worse, and that brings me to steps 11 and 12.

11 Collapse of the economy

Wolf wrote her article in April 2007. But it was only later, and in the wake of the bankruptcy of Lehman Brothers in September 2008, when the seriousness of the current banking crisis first became apparent to most people. The response of the Bush administration was the shameless and underhand Troubled Asset Relief Program (TARP) which was signed into law on October 3rd 2008.19 But we should also remember that the whole TARP, which came in two stages, involved a total banker bailout of $700 billion, and the second half of this money was cleared by Obama’s incoming administration.20

Bailing out the “troubled assets” hasn’t worked and never could. It was intended to save the bankers, or at least prop them up a while longer, but following the TARP and then quantitative easing QE1 followed by QE2, America, along with the rest of the developed world, is still heading towards outright financial meltdown. As Alan Greenspan correctly pointed out at the time of all the hoo-hah about raising the debt ceiling, there is no danger of a debt default because the US can always print more money. But how much more is needed? And how long before QE3 or even QE4? If they print enough then America faces the prospect of hyperinflation, and of course hyperinflation was precisely the final straw that collapsed the Weimar Republic and allowed Hitler to come to power. The lesson from history is a stark one.

12 Rule by a Super Congress

Another piece of the fallout of last month’s raising of the debt ceiling fiasco, was the largely unreported establishment of the Joint Select Committee on Deficit Reduction. This new “Super Congress” which consists of twelve members of Congress, evenly divided between Democrats and Republicans, with Obama retaining an overall right to veto, is mandated to make proposals to reduce the federal budget deficit by a total of at least $1.5 trillion over 10 years. In the event that Congress then refuses to pass those proposals, “a trigger mechanism” will enact $1.2 trillion in automatic spending cuts:

This “Super Congress” of twelve will recommend cuts that will basically go unchallenged. They must make their recommendations by Thanksgiving, then the congress must have up or down votes with no changes. A simple yes or no vote to enact new law with vast implications on the lives of every American. That this group will be appointed and not elected is bad enough, but if their cuts hopefully done with a scalpel are not voted in, there will be a trigger that takes effect and makes even more draconian cuts, most likely with a butcher knife or ax.21

So an unelected committee eager to dish out some more “austerity” is now determining America’s economic future, and thus, by extension, forcing decisions in every area of governance. Why bother having coups when you can take control so sneakily?

Going back to Naomi Wolf, she writes:

Of course, the United States is not vulnerable to the violent, total closing-down of the system that followed Mussolini’s march on Rome or Hitler’s roundup of political prisoners. Our democratic habits are too resilient, and our military and judiciary too independent, for any kind of scenario like that.

Rather, as other critics are noting, our experiment in democracy could be closed down by a process of erosion.

It is a mistake to think that early in a fascist shift you see the profile of barbed wire against the sky. In the early days, things look normal on the surface; peasants were celebrating harvest festivals in Calabria in 1922; people were shopping and going to the movies in Berlin in 1931. Early on, as WH Auden put it, the horror is always elsewhere – while someone is being tortured, children are skating, ships are sailing: “dogs go on with their doggy life … How everything turns away/ Quite leisurely from the disaster.”

All of this is absolutely right, of course, and unfortunately under Obama the ‘process of erosion’ that began after 9/11 has continued; and, perhaps more importantly, it has become normalised. Bush was an obvious tyrant, whereas Obama is more the persuader. And the big difference between Bush and Obama has really been style, with Obama, by virtue of being far the more stylish, also arguably the more dangerous. In any case, the stage remains set for whoever comes to power next, because as Wolf put it in 2007:

What if, in a year and a half, there is another attack — say, God forbid, a dirty bomb? The executive can declare a state of emergency. History shows that any leader, of any party, will be tempted to maintain emergency powers after the crisis has passed. With the gutting of traditional checks and balances, we are no less endangered by a President Hillary than by a President Giuliani — because any executive will be tempted to enforce his or her will through edict rather than the arduous, uncertain process of democratic negotiation and compromise.

*

In 2008, Annie Sundberg and Ricki Stein produced a documentary film based on Naomi Wolf’s book “The End of America: A Letter of Warning to a Young Patriot”, on which her 2007 Guardian article had been based. Released on DVD and online in October 2008, the film offers a chilling warning of the dangers that America still faces. As Naomi Wolf concluded in her 2007 article:

We need to look at history and face the “what ifs”. For if we keep going down this road, the “end of America” could come for each of us in a different way, at a different moment; each of us might have a different moment when we feel forced to look back and think: that is how it was before – and this is the way it is now.

“The accumulation of all powers, legislative, executive, and judiciary, in the same hands … is the definition of tyranny,” wrote James Madison. We still have the choice to stop going down this road; we can stand our ground and fight for our nation, and take up the banner the founders asked us to carry.

1 “Fascist America, in 10 Easy Steps” by Naomi Wolf, published in the Guardian on April 24, 2007.

From Hitler to Pinochet and beyond, history shows there are certain steps that any would-be dictator must take to destroy constitutional freedoms. And, argues Naomi Wolf, George Bush and his administration seem to be taking them all

http://www.guardian.co.uk/usa/story/0,,2064157,00.html

2 Taken from an article entitled: “President Obama Signs One-Year Extension of Patriot Act”, by Julie Kent, published on February 28, 2010 in Cleveland Leader. http://www.clevelandleader.com/node/13183

3 “Obama, in Europe, signs Patriot Act extension” published on May 27, 2011 from msnbc.

Minutes before a midnight deadline, President Barack Obama signed into law a four-year extension of post-Sept. 11 powers to search records and conduct roving wiretaps in pursuit of terrorists.

http://www.msnbc.msn.com/id/43180202/ns/us_news-security/t/obama-europe-signs-patriot-act-extension/#.Tk6Wk10neaI

4 Taken from an article entitled: “Bradley Manning; top US legal scholars voice outrage at ‘torture’” by Ed Pilkington, published on April 10, 2011 in the Guardian.

http://www.guardian.co.uk/world/2011/apr/10/bradley-manning-legal-scholars-letter

5 Taken from an article entitled, “Forget Sarah Palin and Donald Trump: Obama needs a challenge from the left”, written by Mehdi Hasan, published on May 11, 2011 in the Guardian.

http://www.guardian.co.uk/commentisfree/cifamerica/2011/may/11/barack-obama-primaries-palin-trump

6 “Despite overwhelming evidence that senior Bush administration officials approved illegal interrogation methods involving torture and other ill-treatment, the Obama administration has yet to pursue prosecutions of any high-level officials or to establish a commission of inquiry.” from Human Rights Watch, World Report 2011, p. 624

7 According to an article entitled: “Afghanistan Contractors Outnumber Troops” by August Cole, published August 22, 2009 in The Wall Street Journal. http://online.wsj.com/article/SB125089638739950599.html

8 For more information read Jeremy Scahill’s article entitled “The Secret US War in Pakistan”, published December 7, 2009 in The Nation. http://www.thenation.com/article/secret-us-war-pakistan

9 According to a Congressional Research Service report entitled “Department of Defense Contractors in Afghanistan and Iraq: Background and Analysis” by Moshe Schwartz & Joyprada Swain, published May 13, 2011:

10  From an article entitled “F.B.I Agents Get Leeway to Push Privacy Bounds” by Charlie Savage, published June 12, 2011 in The New York Times. http://www.nytimes.com/2011/06/13/us/13fbi.html?_r=1

11  See BBC News article “US steps up flight security lists”, published January 5, 2010. http://news.bbc.co.uk/1/hi/world/americas/8440591.stm

12  See the New Yorker article “The Secret Sharer: is Thomas Drake an enemy of the state?” by Jane Mayer, published on May 23, 2011. http://www.newyorker.com/reporting/2011/05/23/110523fa_fact_mayer

13  See the Washington Post article “Ex-NSA official Thomas Drake to plead guilty to misdemeanor”, by Ellen Nakashima, published June 9, 2011. http://www.washingtonpost.com/national/national-security/ex-nsa-manager-has-reportedly-twice-rejected-plea-bargains-in-espionage-act-case/2011/06/09/AG89ZHNH_story.html

14  Taken from an interview he gave at the Texas Book Festival on October 29th, 2006. In response to a question about the government cover-up surrounding the September 11th attacks and the indifference of the media response.

15  Taken from the section entitled: “’Conspiracy Theories’ and government infiltration” http://en.wikipedia.org/wiki/Cass_Sunstein#.22Conspiracy_Theories.22_and_government_infiltration

16  From an article entitled, “Fusion Centers Under Fire in Texas and New Mexico”, written by Matthew Harwood from March 9, 2009.

http://www.securitymanagement.com/news/fusion-centers-under-fire-texas-and-new-mexico-005314

17 “While this bill contains substantial improvements to the current military commissions, the system remains fatally flawed and contrary to basic principles of American justice. While the bill takes positive steps by restricting coerced and hearsay evidence and providing greater defense counsel resources, it still falls short of providing the due process required by the Constitution. The military commissions were created to circumvent the Constitution and result in quick convictions, not to achieve real justice.

“Because of their tainted history, these proceedings, if carried on in any form, would continue to be stigmatized as unfair and inadequate, would be plagued by delay and controversy and would keep alive the terrible legacy of Guantánamo. As long as we are using anything but our time-tested federal court system, the military commissions will remain a second class system of justice.”

From American Civil Liberties Press Release of October 8, 2009.

http://www.aclu.org/national-security/house-passes-changes-guantanamo-military-commissions

18  From an article entitled, “U.S. Retires ‘Enemy Combatant,’ Keeps Broad Right to Detain, by Del Quentin Wilber and Peter Finn, published on March 14, 2009 in the Washington Post.

http://www.washingtonpost.com/wp-dyn/content/article/2009/03/13/AR2009031302371.html

19  “The man charged with monitoring the $700 billion financial rescue has launched more than a dozen investigations into possible misuse of the money, according to a report sent to Congress today.

“In findings that are not likely to soothe agitated taxpayers who are wondering what return they are getting from the bailouts, Neil Barofsky — Special Inspector General for the Troubled Asset Relief Program, known as TARP — said billions of taxpayer dollars are vulnerable to fraud, waste and abuse.

“Barofsky — who detailed the bailout fund perils in a 250-page tome [pdf] — said that the criminal probes are looking into possible public corruption, stock, tax, and corporate fraud, insider trading and mortgage fraud. There would be no details on the targets, according to the report, ‘until public action is taken.'”

From an article entitled, “TARP Fraud Probes Begin” written by Elizabeth Olson, from April 21st 2009.

http://www.portfolio.com/views/blogs/daily-brief/2009/04/21/tarp-fraud-probes-begin/

20  “In a decisive and hard-fought victory for President-elect Barack Obama, the Senate cleared the way today for Obama’s incoming administration to spend the second $350 billion of the Troubled Asset Relief Program.

“A measure to block the funds was voted down 42 to 52 after an intense lobbying campaign by the Obama economic team and by Obama himself.

“Just hours before the vote, Obama economic adviser Larry Summers wrote a letter promising the Senate that the Obama administration would take specific steps to ensure the money is spent more responsibly and with more transparency than the Bush Administration spent the first $350 billion in TARP cash.”

Taken from an article entitled, “Obama Wins $350B Senate TARP Vote”, written by Jonathan Karl on January 15, 2009 for ABC World News.

http://abcnews.go.com/Politics/Economy/story?id=6654133&page=1

21 From an article entitled, “The Super Congress We Did Not Elect” written by R.W. Sanders, published on August 2, 2011 by The Huffington Post.

http://www.huffingtonpost.com/rw-sanders/the-super-congress-we-did_b_914635.html

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worldwide war resolution could grant US president “dictatorial powers”

House Votes to Authorize Worldwide War
You read that right: Yesterday, the House passed the National Defense Authorization Act (NDAA), which includes a provision to authorize worldwide war, which has no expiration date and will allow this president — and any future president — to go to war anywhere in the world, at any time, without further congressional authorization. While this was a loss, we’re confident that the momentum against this provision is on our side.

That was the headline story from the American Civil Liberties Union (ACLU) “Blog of Rights” posted on Friday 27th May. Click here to read more.

On Tuesday 24th May, Democrat Congressman Dennis Kucinich also challenged the extraordinary new provisions granted by the latest amendments to the National Defense Authorization Act, which would open the way for permanent and global war, whilst also reauthorising the Orwellian provisions of the Patriot Act:

“The annual re-authorization contains unprecedented and dangerous language which gives the President virtually unchecked power to take this country to war and to keep us there. The bill substantially undermines the Constitution, the institution that the Constitution set up that is Congress, and sets the United States on a path to permanent war.”

Kucinich also spoke against the escalating use of force in Libya:

“I am offering an amendment to the Defense Authorization Bill which would defund the war in Libya.

“The war is unconstitutional. The President did not come to this Congress, he went to the U.N. Security Council, he went to a number of international bodies, but he didn’t come to the United States Congress. Last week, the President did not observe the tolling of the War Powers Act, so he’s in violation of the statute.

“The action over in Libya has already exceeded the U.N. mandate; it’s in violation of the U.N. mandate and there have been violations of international law. […]

“People are saying it’s not the United States, it’s NATO. The Guardian in the U.K. did a study which showed that 90% of the cruise missiles are paid for by the U.S. Sixty-six percent of the personnel working against Libya are from the U.S., 50% of aircraft, 50% of all ships – and our government is saying this is a NATO operation? We have to recognize what’s going on here, which is an expansion of the war power by the Executive and it’s time we challenge that.”

Here is Kucinich’s full address to the House:

Then, on Wednesday 25th May, in another speech to Congress, Republican Ron Paul detailed the authoritarian powers already held by the President and described the new bill as “the last nail” in the coffin of the American Republic:

“Our Presidents can now, on their own:
1. Order assassinations, including American citizens,
2. Operate secret military tribunals,
3. Engage in torture,
4. Enforce indefinite imprisonment without due process,
5. Order searches and seizures without proper warrants, gutting the 4th Amendment,
6. Ignore the 60 day rule for reporting to the Congress the nature of any military operations as required by the War Power Resolution,
7. Continue the Patriot Act abuses without oversight,
8. Wage war at will,
9. Treat all Americans as suspected terrorists at airports with TSA groping and nude x-raying.

And the Federal Reserve accommodates by counterfeiting the funds needed and not paid for by taxation and borrowing, permitting runaway spending, endless debt, and special interest bail-outs. And all of this is not enough.

The abuses and usurpations of the war power are soon to be codified in the National Defense Authorization Act now rapidly moving its way through the Congress. Instead of repealing the 2001 Authorization for the Use of Military Force (AUMF), as we should, now that bin Laden is dead and gone, Congress is planning to massively increase the war power of the President.

Though an opportunity presents itself to end the wars in Iraq, Afghanistan, and Pakistan, Congress, with bipartisan support, obsesses on how to expand the unconstitutional war power the President already holds. The current proposal would allow a President to pursue war any time, any place, for any reason, without Congressional approval. Many believe this would even permit military activity against American suspects here at home.”

“Characteristic of this epic event is the casual acceptance by the people and political leaders of the unitary presidency, which is equivalent to granting dictatorial powers to the President. The proposed authority does not reference the 9/11 attacks. It would be expanded to include the Taliban and “associated” forces—a dangerously vague and expansive definition of our potential enemies.

“And now the final nail is placed in the coffin of Congressional responsibility for the war power, delivering this power completely to the President—a sharp and huge blow to the concept of our Republic. In my view, it appears that the fate of the American Republic is now sealed—unless these recent trends are quickly reversed.”

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