Pete Seeger and the NSA February 4, 2014Posted by rogerhollander in Art, Literature and Culture, Barack Obama, Civil Liberties, Constitution, Criminal Justice, Democracy, History, Police.
Tags: anti-communism, cindy cohn, Civil Rights, first amendment, fourth amendment, free association, free speech, history, huac, McCarthyism, nsa, pete seeger, roger hollaner, surveillance state, un-american activities
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Roger’s note: Of course, the recent revelations about NSA outdoing George Orwell is no laughing matter. But if you need a moment of lightness today, click in the first paragraph on Pete’s testimony before HUAC. It reads like a Monty Python skit. With the persecutions of Chelsea Manning, Julian Assange, Edward Snowden among others, and the hounding to death of Aaron Swartz, the U.S. government is just getting started in putting its mega data collection to use. When the political protests heat up to the next level, I believe we are going to see the same kind of witch hunts that we saw under the era of Joseph McCarthy, only much worse. Those who lived through that period of history can tell you what it is like to be persecuted by the government for your First Amendment protected beliefs. Perhaps what is most frightening is the militarization of local police departments, and we saw what state violence against legitimate political protest will look like during the brutal repression of the Occupy Wall Street Movement. Whether you are brought up before a Kafkaesque like official United States government kangaroo court or bashed over the head with police baton or run down by a Homeland Security issues armored vehicle, the chilling result is the same: fascism in our day.
That it occurs under the auspices of the affable and articulate constitutional lawyer who is the first Black American president or the feisty and charming soon to be first woman American president, will not do much to soften the blow.
I am not going to answer any questions as to my association, my philosophical beliefs, or how I voted in any election, or any of these private affairs. I think these are very improper questions for any American to be asked, especially under such compulsion as this.
Pete Seeger, 1955, testimony pursuant to subpoena before the House Un-American Activities Committee.
Pete Seeger (Image: EFF)
The world lost a clear, strong voice for peace, justice, and community with the death of singer and activist Pete Seegerlast week. While Seeger was known as an outspoken musician not shy about airing his political opinions, it’s also important to remember he was once persecuted for those opinions, despite breaking no law. And the telling of this story should give pause to those who claim to be unconcerned about the government’s metadata seizure and search programs that reveal our associations to the government today.
In 1955, Seeger was called before the House Un-American Activities Committee, where he defiantly refused to answer questions about others who he associated with and who shared his political beliefs and associations, believing Congress was violating his First Amendment rights. He was especially concerned about revealing his associations:
I will be glad to tell what songs I have ever sung, because singing is my business. . . . But I decline to say who has ever listened to them, who has written them, or other people who have sung them.
But if the same thing were to happen today, a Congressional subpoena and a public hearing wouldn’t be necessary for the government to learn all of our associations and other “private affairs.” Since the NSA has been collecting and keeping them, they could just get that same information from their own storehouses of our records.
According to the Constitution, the government is supposed to meet a high standard before collecting this private information about our associations, especially the political ones that the Congressmen were demanding of Seeger. For instance, under the First Amendment, it must“serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms.”
It doesn’t matter whether the government wants associations to look for possibly “illegal” activities of civil rights activists, Communist sympathizers, anarchists, trade unionists, war resisters, gun rights activists, environmental activists, drug legalization advocates, or wants to go after legitimate criminals and potential terrorists, if the government can’t justify the collection of this “metadata” on this “strict scrutiny” standard, they’re not allowed to collect any of it. Yet right now, they collect all of it.
We’re still learning of all the ways the government is able to track our associations without anything like the due process and standards required by the First and Fourth Amendments, but it is the centerpiece of the NSA’s mass telephone records collection program under Patriot Act section 215, which EFF is fighting with our First Unitarian Church v. NSA case that focuses on the right of association. Our lead client, the First Unitarian Church of Los Angeles, had its own role in resisting the House Un-American Activities Committee. It’s also part and parcel of the mass collection of content and metadata of people all around the world under section 702 of the FISA Amendments Act. And it’s a real concern even if the companies hold the data, as we’ve seen with the FBI’s self-certified National Security Lettersand the Hemisphere program, where AT&T employees are embedded in government investigations so that they can more readily search through our phone records for the FBI, the DEA and others.
Each of these programs effectively allows the government to do to you what Pete Seeger refused to let them do to him—track your associations, beliefs and other private affairs without proper legal protections. And they can do this at scale that was unimaginable in 1955, thanks to the digital nature of our communications, the digital tools that allow them to search automatically rather than by hand and the fact that so much more about these private affairs is in the hands of third parties like our phone and internet companies.
While Seeger escaped jail, he was convicted of contempt for his failure to answer these questions. Thankfully Joseph McCarthy and the Un-American Activities Committees were later widely condemned, and Americans understandably look back sadly and with embarrassment on time when the Committee forced Americans to reveal their own associations, along with the associations and beliefs of others. With the passing of moral and artistic heroes like Seeger, we should redouble our efforts to make sure that our “private affairs” remain safe and the government’s ability to access them remains subject to careful controls.
Join us on February 11 for the day we fight back against mass surveillance.
Cindy Cohn is legal director for the Electronic Frontier Foundation (EFF), as well as its general counsel, coordinating over 40 national class action lawsuits against the telecommunications carriers and the government seeking to stop warrantless NSA surveillance
Contrary to Obama’s Promises, the US Military Still Permits Torture January 27, 2014Posted by rogerhollander in Barack Obama, Civil Liberties, Criminal Justice, Human Rights, Torture.
Tags: army field manual, bagram, detainees, Guantanamo, human rights, jeffrey kaye, obama administration, roger hollander, sensory deprivation, sleep deprivation, solitary confinement, torture
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Roger’s note: we live in two different worlds, the world of illusionary rhetoric (from presidents and other political prostitutes, the mass media, etc.) and the world of reality. Most of us who are middle class and/or live in a first world industrial nation live in the former fantasy world. The vast majority of the rest of the world (third world non elites, victims of American military activities including drone missiles and corporate tyranny, etc.) live in reality. Obama says torture is no more and the vast majority of Americans believe this lie; the thousands who continue to suffer under the continued regime of torture know better, they know the reality. We live with the illusion that the United States is a civilized nation living according to Christian principles. The reality is that that kindly articulate former community organizer, with his elegant wife and pleasant well-dressed children, oversees a nation whose barbarity more and more knows no limits.
The Obama administration has replaced the use of brutal torture techniques with those that emphasize psychological torture
The United States Army Field Manual (AFM) on interrogation (pdf) has been sold to the American public and the world as a replacement for the brutal torture tactics used by the CIA and the Department of Defense during the Bush/Cheney administration.
(Photo: Futureatlas.com/ cc via Flickr)
On 22 January 2009, President Obama released an executive orderstating that any individual held by any US government agency “shall not be subjected to any interrogation technique or approach, or any treatment related to interrogation, that is not authorized by and listed in Army Field Manual 2 22.3.”
But a close reading of Department of Defense documents and investigations by numerous human rights agencies have shown that the current Army Field Manual itself uses techniques that are abusive and can even amount to torture.
Disturbingly, the latest version of the AFM mimicked the Bush administration in separating out “war on terror” prisoners as not subject to the same protections and rights as regular prisoners of war. Military authorities then added an appendix to the AFM that included techniques that could only be used on such “detainees”, ie, prisoners without POW status.
Labeled Appendix M, and propounding an additional, special “technique” called “Separation”,human rights and legal group have recognized that Appendix M includes numerous abusive techniques, including use of solitary confinement, sleep deprivation and sensory deprivation.
According to Appendix M, sleep can be limited to four hours per day for up to 30 days, and even more with approval. The same is true for use of isolation. Theoretically, sleep deprivation and solitary confinement could be extended indefinitely.
According to a 2003 US Southern Command instruction (pdf) to then-Secretary of Defense Donald Rumsfeld, sleep deprivation was defined “as keeping a detainee awake for more than 16 hours”. Only three years later, when a new version of the AFM was introduced, detainees were expected to stay awake for 20 hours. Meanwhile, language in the previous AFM forbidding both sleep deprivation and use of stress positions was quietly removed from the current manual.
The use of isolation as a torture technique has a long history. According to a classic psychiatric paper (pdf) on the psychological effects of isolation (aka solitary confinement), such treatment on prisoners can “cause severe psychiatric harm”, producing “an agitated confusional state which, in more severe cases, had the characteristics of a florid delirium, characterized by severe confusional, paranoid, and hallucinatory features, and also by intense agitation and random, impulsive, often self-directed violence.”
The application of the Appendix M techniques – which are considered risky enough to require the presence of a physician – are supposed to be combined with other “approaches” culled from the main text of the field manual, including techniques such as “Fear Up” and “Emotional Ego Down”. In fact, at the end of Appendix M, a combined use of its techniques with other approaches, specifically “Futility”, “Incentive”, and “Fear Up”, is suggested.
While “Fear Up” and “Incentive” approaches act somewhat like what they sound – using fear and promises to gain the “cooperation” of a prisoner under interrogation – “Futility” has a vague goal of imparting to a prisoner, according to the AFM, the notion that “resistance to questioning is futile”.
According to the manual:
This engenders a feeling of hopelessness and helplessness on the part of the source.
A review of documents released under FOIA (the Freedom of Information Act) shows that use of the “Futility” approach in the AFM was the rationale behind the use of loud music, strobe lights, and sexualized assaults and embarrassment on prisoners. The “Futility” technique pre-dates the introduction of the current Army Field Manual, which is numbered 2-22.3 and introduced in September 2006. In fact, the earlier AFM, labeled 35-52 (pdf), was the basis of numerous accusations of documented abuse.
In the executive summary of the 2005 Department of Defense’s Schimdt-Furlow investigation into alleged abuse of Guantanamo prisoners, the use of loud music and strobe lights on prisoners was labeled “music futility”, and considered an “allowed technique”. Defense Department investigators looked at accusation of misuse of such techniques, but never banned them.
Military investigators wrote,
Placement of a detainee in the interrogation booth and subjecting him to loud music and strobe lights should be limited and conducted within clearly prescribed limits.
Those limits were not specified.
Additionally, the Schmidt-Furlow investigators looked at instances where female interrogators had fondled prisoners, or pretended to splash menstrual blood upon them. According to military authorities, these were a form of “gender coercion”, and identified as a “futility technique”.
President Obama’s January 2009 executive order would seem to have halted the use of what the Defense Department called “gender coercion”, but not “music futility”. But we don’t know because of pervasive secrecy exactly what military or other interrogators do or don’t do when they employ the “Futility” technique.
Numerous human rights groups, including Amnesty International, Physicians for Human Rights, and the Institute on Medicine as a Profession and Open Society Foundations have called for the elimination of Appendix M and/or the rewriting of the entire Army Field Manual itself.
What has been lacking is a widespread public discourse that recognizes that swapping waterboarding and the CIA’s “enhanced interrogation” torture with the Army Field Manual as an instrument of humane interrogation only replaced the use of brutal torture techniques with those that emphasize psychological torture.
Jeffrey Kaye is a psychologist in private practice in San Francisco. He has worked professionally with torture victims and asylum applicants. Active in the anti-torture movement since 2006, he has his own blog, Invictus, and writes regularly for Firedoglake’s The Dissenter. He has published previously at Truthout, Alternet, and The Public Record.
Tags: criminal lawyers, first amendment, jacob chanberlain, lawyers, lynne stewart, peoples lawyer, roger hollander
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Roger’s note: amidst all the crap, some good news from a judge for a change.
‘Today’s small measure of justice does little to repair the damage wrought by the government’s unjust prosecution of an advocate whose service to society has been widely documented.’
A federal judge ordered the “compassionate release” of former defense lawyer Lynne Stewart on Tuesday on the grounds that she has been diagnosed with terminal cancer with a life expectancy of less than 18 months.
Stewart, 74, who is known for representing underserved and unpopular defendants, has served four years out of a ten-year sentence at the Federal Medical Center Carswell (FMC Carswell) in Fort Worth, Texas, in connection with her defense of Sheikh Omar Abdel Rahman. Stewart allegedly helped pass messages between Abdel-Rahman, an Egyptian cleric convicted of planning terror attacks, and an organization designated as a Foreign Terrorist Organization by the United States Secretary of State.
Presiding Judge John Koeltl wrote that Stewart’s “terminal medical condition and very limited life expectancy constitute extraordinary and compelling reasons that warrant the requested reduction [of her sentence.]… It is further ordered that the defendant shall be released from the custody of the Federal Bureau of Prisons as soon as her medical condition permits, the release plan is implemented and travel arrangements can be made.”
Stewart left prison on Tuesday and headed for New York City to live with her family.
Jill Shellow, Stewart’s attorney, told CNN her client’s supporters were “overjoyed that she will spend her remaining days with her family.”
“From arrest to sentencing, Lynne Stewart’s case was used by the Department of Justice to send a chilling message to attorneys: think twice about who you represent!” said Heidi Boghosian, Executive Director of the National Lawyers Guild, of which Stewart was a member. “Today’s small measure of justice does little to repair the damage wrought by the government’s unjust prosecution of an advocate whose service to society has been widely documented.”
Robert J. Boyle, one of Lynne Stewart’s attorneys added, “We are gratified and thankful that the government has agreed to Lynne’s compassionate release request. She has dedicated her life to fighting for justice for the underserved and unpopular. Lynne can now return home to her family and to the community that loves her.”
NSA Intercepting Laptops Bought Online to Install Spy Malware December 30, 2013Posted by rogerhollander in Civil Liberties, Constitution, Surveillance, Surveillance State.
Tags: fourth amendment, nsa, nsa hackers, right to privacy, roger hollander, spy malware, surveillance, surveillance state, tailored access, tao
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Roger’s note: I think George Orwell underestimated the problem. According to Glenn Greenwald, “The NSA can literally watch every keystroke you make.”
The NSA’s TAO hacking unit is considered to be the intelligence agency’s top secret weapon
Germany’s Der Spiegel is reporting Sunday that the US National Security Agency (NSA), working with the CIA and FBI, has been intercepting laptops and other electronics bought online before delivery to install malware and other spying tools.
According to Der Spiegel, the NSA diverts shipping deliveries to its own “secret workshops” to install the software before resending the deliveries to their purchasers.
Elite hackers working for the NSA’s Tailored Access Operations (TAO) division are considered to be the intelligence agency’s top secret weapon.
The NSA’s TAO reportedly has backdoor access to many hardware and software systems from major tech companies such as Cisco, Dell, and Western Digital and others. The NSA exploits Microsoft Windows error reports to find weak spots in compromised machines in order to install Trojans and other viruses.
The Der Spiegel report also notes that the NSA has successfully tapped into some of the massive, under-sea fiber-optic cables that connect the global data infrastructure, in particular the “SEA-ME-WE-4″ cable system.
“This massive underwater cable bundle connects Europe with North Africa and the Gulf states and then continues on through Pakistan and India,” Der Spiegel reports, ”all the way to Malaysia and Thailand. The cable system originates in southern France, near Marseille. Among the companies that hold ownership stakes in it are France Telecom, now known as Orange and still partly government-owned, and Telecom Italia Sparkle.”
From Der Spiegel:
To conduct those types of operations, the NSA works together with other intelligence agencies such as the CIA and FBI, which in turn maintain informants on location who are available to help with sensitive missions. This enables TAO to attack even isolated networks that aren’t connected to the Internet. If necessary, the FBI can even make an agency-owned jet available to ferry the high-tech plumbers to their target. This gets them to their destination at the right time and can help them to disappear again undetected after even as little as a half hour’s work.
Responding to a query from SPIEGEL, NSA officials issued a statement saying, “Tailored Access Operations is a unique national asset that is on the front lines of enabling NSA to defend the nation and its allies.” The statement added that TAO’s “work is centered on computer network exploitation in support of foreign intelligence collection.” The officials said they would not discuss specific allegations regarding TAO’s mission.
Sometimes it appears that the world’s most modern spies are just as reliant on conventional methods of reconnaissance as their predecessors.
Take, for example, when they intercept shipping deliveries. If a target person, agency or company orders a new computer or related accessories, for example, TAO can divert the shipping delivery to its own secret workshops. The NSA calls this method interdiction. At these so-called “load stations,” agents carefully open the package in order to load malware onto the electronics, or even install hardware components that can provide backdoor access for the intelligence agencies. All subsequent steps can then be conducted from the comfort of a remote computer.
These minor disruptions in the parcel shipping business rank among the “most productive operations” conducted by the NSA hackers, one top secret document relates in enthusiastic terms. This method, the presentation continues, allows TAO to obtain access to networks “around the world.”
Even in the Internet Age, some traditional spying methods continue to live on.
* * *
America’s Eichmann November 22, 2013Posted by rogerhollander in Civil Liberties, Criminal Justice, Human Rights, Racism, Torture.
Tags: american gulag, american prisons, banality of evil, barry sussman, bureau of prisons, charles samuels, Criminal Justice, eichmann, godwin's law, hanna arendt, non-violent offenders, prison industrial complex, prisons, roger hollander, torture
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Roger’s note: Going back to my days protesting racism and the Vietnam War I have unapologetically used the word “fascist” or “neo-fascist” to describe aspects of the actions of the United States government. I am well aware of what the author of this article refers to as Godwin’s Law, that we dare not compare Americans to Nazis in polite company. I often try to think what it would have been like to have been an “ordinary” German citizen in the 1930s and 1940s. I imagine that one woke up in the morning, ate breakfast, sent the kids off to school, and then headed to whatever job she/he worked at. The sun came up in the morning and the moon at night. People ate, drank, partied, and, yes, they would also have discussed politics. Their discussions would have had a lot in common with how many Americans see themselves, that is, as victims. The reparations imposed by the Allies after WWI had created economic hardships that all Germans felt. That was their primary reality. Germans who were educated and who should have known better, would obviously been aware of the officially sanctioned antisemitism and other excesses of the Hitler regime. Some few would have protested and paid a price, other would have rationalized. How is this different, I ask, from American reaction the atrocities in my lifetime that have occurred as a direct or indirect result of U.S. government activity, including but not limited to Vietnam, Agent Orange, Latin American death squads, endemic racist, sexist and homophobic urban policing, the Bush/Cheney torture and rendition regime, the hundreds of thousands if not millions killed in the declared wars in Iraq and Afghanistan, and the men, women and children destroyed by American drone missiles?
This article focuses on the prison industrial complex, but I note that it fails to include a discussion of the privatization of a large segment of the prison industry, using prisoners as slave labor, and the various forms of torture including years to decades of solitary confinement.
Since this article if focused on criminal justice, it identifies only one of thousands of Eichmanns who spend your American tax dollars on destroying human life.
OpEdNews Op Eds 11/21/2013 at 19:44:02
Godwin’s Law is an assertion, widely credited to Mike Godwin of the Electronic Freedom Foundation, basically holding that a discussion essentially ends when a Nazi or Hitler analogy is raised and signals that the party making such a comparison has lost the argument. It is widely cited, particularly in the blogosphere, whenever the inevitable comparisons are made between current U.S. repressive/invasive procedures and those employed by an earlier repressive regime that according to Godwin, must remain nameless when discussing despicable state tactics.
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Godwin’s Law, credited to Mike Godwin, has diminished the discussion of parallels between current U.S. policy and Nazi Germany
Various players have different motives for promulgating Godwin’s Law. There are the victims of Nazi oppression who seek to ensure a unique place in history for themselves, and in order to do so must see that any other villainous regime is perceived to be relegated to a level no greater than penultimate evil. Then there are the regimes themselves which have a vested interest in quelling any embarrassing or unwanted comparisons. Regardless of the motivation, there seems to be little doubt that absurdities like Godwin’s Law do little to advance meaningful analysis and more likely stifle necessary and legitimate discourse.
An honest examination of the prison-industrial complex in the U.S. demands a total defenestration of Godwin’s Law and anything else interfering with the ability to compare the U.S. “justice” system with those of other similarly malevolent regimes. Those who seek to defend the status quo in the U.S. will reflexively cite the fact that Hitler, Stalin, Mao and others have killed more of their people, etc., but while true, this misses the real point and inherent maliciousness of the current situation in the U.S.
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Adolph Hitler is uniquely evil and exempt from comparison according to Godwin’s Law
Much of the damage done by the U.S. justice system is allowed to occur with little or no oversight as a result of the U.S.’s self-proclaimed role as the world’s moral arbiter. Indeed, much in the way in which Richard Nixon claimed that “when the president does it, that means it is not illegal,” it is now similarly asserted that if the U.S. does it, it must be permissible. Even the most egregious violations can be explained away by attributing their necessity to something as vague as “terrorism.” Godwin’s Law prevents the interjection of the historical fact that similar claims were made by another regime that relied upon comparable and similarly vague justifications.
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Adolph Eichmann was executed for crimes arising out of overseeing a network of prisons for the Third Reich
And so in the spirit of breaking free from the artificial constraints of Godwin, it can be straightforwardly reported that America has its own equivalent of Adolph Eichmann in the person of Charles E. Samuels, Jr., director of the federal Bureau of Prisons. There are obvious parallels between the governmental tasks performed by Eichmann and Samuels. Like Eichmann, he is responsible for the management of prisoner logistics, heading a nationwide network of gulags where enemies of the regime are dispatched for an ever-expanding variety of infractions, both real and imagined.
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Charles Samuels currently serves as the head of America’s vast network of federal gulags
Samuels, installed by President Barack Obama, is the first person of color to hold the post. This fact was widely celebrated by a fawning press following his installation but given that minorities are the largest victims of the prison-industrial complex in the U.S., placing a black man in the position was recognized by more seasoned observers as a cynical ploy to sugar-coat the face of systematically repressive mass incarceration.
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Despite promises of “hope and change,” the Department of Justice and Bureau of Prisons have only grown more repressive under the Obama regime
Samuels’ relatively unimpressive biography suggests he is merely another government functionary seeking sustenance at the public trough. There is nothing in his background which would indicate an extraordinary or unusual level of malice. In his mind he is most likely serving at his post in an unthinking and uncaring manner that is little different from the way in which millions of other government workers perform their assigned tasks. It is entirely possible that he fails to recognize the holocaust he has been entrusted to oversee and perpetuate, instead perceiving it to be nothing more than an element of a necessary state function.
Fifty years ago renowned sociologist Hanna Arendt penned her classic work, Eichmann in Jerusalem: A Report on the Banality of Evil. Arendt’s work was revolutionary in its contention that evil in individuals mainly occurs as a result of thoughtlessness. Arendt wrote it was the tendency of ordinary people to obey orders and conform to mass opinion without a critical evaluation of the consequences of their actions, even if it results in unspeakable crimes.
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Famed sociologist Hanna Arendt identified the banal nature of evil found in the likes of Eichmann and Samuels
It was the capture of Eichmann, widely considered at the time to be evil personified, and the reactions observed at his ensuing trial that caused Arendt to formulate her theory. She recognized that the evil being attributed to Eichmann was misplaced. Arendt viewed him as a mere cog in the wheel of an inherently evil system, performing his duties as would ordinarily be expected of any dutiful bureaucrat.
Performing horrific tasks in an organized and systematic way relies upon “normalization.” This is the process whereby such abominable and heinous acts become routine and are ultimately accepted as part of the process through which things are done. The process requires a division of labor in doing and rationalizing the unthinkable. The direct brutalization of people is performed by one set of individuals while others keep unrelated mechanisms of government functioning. Giving cover to the enterprise are supposed intellectuals and other pseudo experts who work through various media outlets to rationalize for the general public what would otherwise be unimaginable.
The media has certainly aided Samuels in efforts to make his endeavors palatable. Press accounts disseminated soon after his appointment credited “an interest in public service” as being what led him to take his first job as a federal prison guard. Samuels reportedly hails from a family of public servants, with a father who worked for the U.S. Postal Service and a mother who was employed by the Social Security Administration. Various media outlets reporting on Samuels’ appointment treated his position with the federal Bureau of Prisons as simply another civic minded endeavor. One article even went so far as to try and humanize his efforts by citing Samuels’ enjoyment of “chess, video games and reading books on a variety of topics.”
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Samuels rules over the largest network of prisons ever assembled
When he’s not reading or playing chess, Samuels oversees the largest network of prisons and prisoners that the world has ever seen. It is largely a retributive network in which nearly three quarters of those imprisoned are non-violent offenders with no history of violence. Mandatory sentencing, rampant federal prosecutorial misconduct and an absurd and patently illegitimate 99% conviction rate in U.S. federal courts guaranty a steady stream of prisoners for the facilities overseen by Samuels.
Many of the victims dispatched to Samuels’ custody find themselves imprisoned as a result of gross abuse of governmental power. People are targeted for prosecution for a variety of reasons, many of which bear no rational relationship to the commission of an offense. The system in which Samuels plays a key role tends to select targets for prosecution and then, after expending limitless resources, finds a suitable “crime” with which they can be charged. It operates much in the spirit of Lavrentiy Beria, head of Joseph Stalin’s secret police in the Soviet Union, who is alleged to have said, “Show me the man, and I’ll show you the crime.”
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The tactics of Lavrentiy Beria, head of Stalin’s secret police, have been embraced by the U.S. Department of Justice
The federal Bureau of Prisons, as overseen by Samuels, is viewed by many detractors as nothing more than another example of state sponsored terrorism. The bureau exists to inflict harm upon its victims and exact retribution from perceived enemies of the regime. Even the pretense of rehabilitation has long been abandoned. Recent press reports claim that there are thousands of people, convicted of non-violent offenses, who have been sentenced to die in prison. The mission of the bureau is to rigidly exact as much time as possible from each and every prisoner. Samuels has taken the task to heart, routinely denying various motions for the compassionate release of terminally ill prisoners and instructing that good time calculations be made in a fashion that cheats every federal prisoner out of seven days of freedom for each year served. Ever the loyal soldier, he holds that every discretionary situation must be resolved in accordance with the goal of ensuring that federal prisons are kept full, well above capacity.
While Arendt’s ideas on the nature of evil were generally rejected when first proposed, the success of subsequent U.S. efforts at wholesale systematic implementation of sanitized decimation through mass incarceration suggests she was years ahead of her time. A man like Samuels, despite the realities of his job description, is widely accepted as being no more villainous than any other high ranking bureaucrat. Much like his predecessor Eichmann asserted, Samuels is widely viewed as one who is doing nothing more than following orders and unquestioningly administering the will of the regime.
Eichmann’s reliance on the Nuremberg Defense in which he sought to deflect guilt by claiming he was “only following orders” was predictably unsuccessful. Despite its past failed applications, it seems inevitable that if Samuels’ day of reckoning comes where he is called to account for the crimes that occurred on his watch, he would invoke a similar defense.
Even Eichmann’s trial speech appears to have applicability to the potential jeopardy faced by Samuels.
“I cannot recognize the verdict of guilty. . . . It was my misfortune to become entangled in these atrocities. But these misdeeds did not happen according to my wishes. It was not my wish to slay people. . . . Once again I would stress that I am guilty of having been obedient, having subordinated myself to my official duties and the obligations of service and my oath of allegiance and my oath of office . . . At that time obedience was demanded, just as in the future it will also be demanded of the subordinate.”
History has demonstrated that this is a losing argument. Samuels, and others whose warped sense of duty impairs their ability to discern right from wrong, run the risk of being called to account. The tipping point is growing near as there are almost daily calls to reform the federal sentencing scheme. The bureau headed by Samuels will predictably defy such calls as bureaucracies tend to resist efforts to diminish their size and scope. Samuels’ unfettered fealty to the regime prevents him from seeing that the administration he heads is one which feeds on bodies. It can only grow by creating correspondingly greater death and misery. America, which leads all nations in number and percentage of people under lock and key, has its Eichmann.
School of Assassins Faces Protest, Congressional De-Funding November 21, 2013Posted by rogerhollander in Civil Liberties, Foreign Policy, Human Rights, Latin America.
Tags: D’Abuisson, death squads, fort benning, Hugo Banzar Suarez, human rightss, john laforge, Latin America, Manual Noreiga, military dictatorships, otto perez molina, Rios Mont, roger hollander, soa, soa watch, torture, whinsec
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The US Army School of the Americas in Ft. Benning, Georgia is a notorious training operation for Latin American officers and soldiers. It’s associated with some of the worst dictatorships and human rights violators in the hemisphere. For over 20 years, the grassroots School of Americas Watch (SOA Watch) has grown into one of the most dynamic, multi-generational, cross-continental movements against militarism in the Americas.
This weekend, November 22-24, will see thousands gather for a massive rally at Ft. Benning in the ongoing campaign to shut down the school. Vans from colleges and universities will make the trek with students who’ve studied the grim history of U.S.-sponsored military coups and U.S.-friendly dictators, many of whom got their inspiration and training at the SOA (now renamed Western Hemisphere Institute for Security Cooperation or WHINSEC).
Among the more infamous SOA graduates are Gen. Jose Rios Montt, who was convicted May 10th of committing genocide between March 1982 and August 1983 during his Guatemalan military dictatorship; death squad leader Otto Perez Molina who under Rios Montt directed massacres of Maya people, and who recently maneuvered Guatemala’s high court to reverse Rios Montt’s conviction; Gen. Manual Noreiga of Panama, who moved from dictatorship via SOA to the BOP (Federal Bureau of Prisons that is) on drug charges; Roberto D’Abuisson, leader of El Salvador’s death squads in the 1980s; and Gen. Hugo Banzar Suarez of Bolivia who seized power in 1971 and who jailed, disappeared and assassinated suspected political opponents for eight years. SOA graduates led military coups in Venezuela in 2002 and the 2009 coup in Honduras.
For more background, “Somos Una America” — a new documentary that focuses on the campaign against the Pentagon mindset that promotes U.S. domination and ‘military solutions’ in the Western Hemisphere — is available online for free (visit: soaw.org/somos).
This past April, the SOA Watch campaign won a long-sought court victory over the U.S. government’s refusal to release the names of the trainers at the SOA/WHINSEC. Federal Judge Phyllis J. Hamilton in Calif. ruled that the Pentagon has no grounds for refusing to release these names. President Obama has OKed the Justice Department’s appeal of this ruling, protecting the Pentagon’s effort to keep the information secret. As SOA Watch points out, this is because instructors there have coached “torturers, death squads and military dictators throughout the Americas.” The president’s decision to appeal puts the lie to his claim that his administration would be the most transparent in history. And you thought after his persecution of whistle blowers Julian Assange, Pfc. Manning and Edward Snowden that Obama could not get more cynical.
Teaching Torture the World Over
The SOA burst into the news in 1996, when the Pentagon released copies of its torture training manuals. The Sept. 21, 1996 Washington Post, in “U.S. Instructed Latins on Executions, Torture; Manuals Used 1982-91, Pentagon Reveals” by Dana Priest, notes that the manuals promote the use of “fear, payment of bounties for enemy dead, beatings, false imprisonment, executions and the use of truth serum.” By 1996, 60,000 military and police officers had been through SOA training.
The torture manuals were distributed to thousands of military officers from eleven South and Central American countries, although the actions advocated in them violated U.S. Army law at the time. The Pentagon ordered the manuals destroyed, but only a few thousand were ever recovered. They have doubtlessly been reproduced and employed by militaries and counterinsurgency forces the world over. U.S. military occupations of Iraq and Afghanistan appear to be direct beneficiaries, considering the torture regimes conducted at Abu Ghraib Prison in Iraq (2004) and at Guantanamo Bay, Cuba. Afghanistan has become a torture regime too — first under U.S. forces and now by their Afghan trainees (See “U.S. Practiced Torture After 9/11, Nonpartisan Review Concludes,” NY Times, Apr. 16, 2013, and “Government Panel in Afghanistan Confirms Widespread Torture of Detainees,” Jan. 21, 2013).
Demands to abolish the SOA/WHINSEC now come from across the political spectrum. From the point of view of the victims, more than 300 human rights defenders have employed nonviolent direct action at the base, and as a result have collectively spent over 100 years in prison and served additional years probation. (Disclaimer: I did 6 months in the Duluth prison camp for trespassing at SOA back in 2006. My cellie R.J., who was doing eight years, put me straight when he announced, “I see him doing his exercises, his yoga. He’s just here for an oil change.”) From officialdom, the Latin American Military Training Review Act of 2013, H.R. 2989, would suspend operations at the school. It also mandates an investigation into SOA’s connection with abuses of human rights. It’s got 40 co-sponsors but needs more.
If you’re not heading down to the Georgia for the rally, at least push your Congressional Rep’s to join the shutdown effort.
Tags: angela merkel, edward snowden, first amendment, freedom of press, general alexander, glenn greenwald, journalism, keith alexander, Media, nsa, roger hollander, surveillance, surveillande state, whistle-blowing
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The most under-discussed aspect of the NSA story has long been its international scope. That all changed this week as both Germany and France exploded with anger over new revelations about pervasive NSA surveillance on their population and democratically elected leaders.
As was true for Brazil previously, reports about surveillance aimed at leaders are receiving most of the media attention, but what really originally drove the story there were revelations that the NSA is bulk-spying on millions and millions of innocent citizens in all of those nations. The favorite cry of US government apologists -–everyone spies! – falls impotent in the face of this sort of ubiquitous, suspicionless spying that is the sole province of the US and its four English-speaking surveillance allies (the UK, Canada, Australia and New Zealand).
There are three points worth making about these latest developments.
• First, note how leaders such as Chancellor Angela Merkel reacted with basic indifference when it was revealed months ago that the NSA was bulk-spying on all German citizens, but suddenly found her indignation only when it turned out that she personally was also targeted. That reaction gives potent insight into the true mindset of many western leaders.
• Second, all of these governments keep saying how newsworthy these revelations are, how profound are the violations they expose, how happy they are to learn of all this, how devoted they are to reform. If that’s true, why are they allowing the person who enabled all these disclosures – Edward Snowden – to be targeted for persecution by the US government for the “crime” of blowing the whistle on all of this?
If the German and French governments – and the German and French people – are so pleased to learn of how their privacy is being systematically assaulted by a foreign power over which they exert no influence, shouldn’t they be offering asylum to the person who exposed it all, rather than ignoring or rejecting his pleas to have his basic political rights protected, and thus leaving him vulnerable to being imprisoned for decades by the US government?
Aside from the treaty obligations these nations have to protect the basic political rights of human beings from persecution, how can they simultaneously express outrage over these exposed invasions while turning their back on the person who risked his liberty and even life to bring them to light?
• Third, is there any doubt at all that the US government repeatedly tried to mislead the world when insisting that this system of suspicionless surveillance was motivated by an attempt to protect Americans from The Terrorists™? Our reporting has revealed spying on conferences designed to negotiate economic agreements, the Organization of American States, oil companies, ministries that oversee mines and energy resources, the democratically elected leaders of allied states, and entire populations in those states.
Can even President Obama and his most devoted loyalists continue to maintain, with a straight face, that this is all about Terrorism? That is what this superb new Foreign Affairs essay by Henry Farrell and Martha Finnemore means when it argues that the Manning and Snowden leaks are putting an end to the ability of the US to use hypocrisy as a key weapon in its soft power.
Speaking of an inability to maintain claims with a straight face, how are American and British officials, in light of their conduct in all of this, going to maintain the pretense that they are defenders of press freedoms and are in a position to lecture and condemn others for violations? In what might be the most explicit hostility to such freedoms yet – as well as the most unmistakable evidence of rampant panic – the NSA’s director, General Keith Alexander, actually demanded Thursday that the reporting being done by newspapers around the world on this secret surveillance system be halted (Techdirt has the full video here):
The head of the embattled National Security Agency, Gen Keith Alexander, is accusing journalists of “selling” his agency’s documents and is calling for an end to the steady stream of public disclosures of secrets snatched by former contractor Edward Snowden.
“I think it’s wrong that that newspaper reporters have all these documents, the 50,000 – whatever they have and are selling them and giving them out as if these – you know it just doesn’t make sense,” Alexander said in an interview with the Defense Department’s “Armed With Science” blog.
“We ought to come up with a way of stopping it. I don’t know how to do that. That’s more of the courts and the policy-makers but, from my perspective, it’s wrong to allow this to go on,” the NSA director declared. [My italics]
There are 25,000 employees of the NSA (and many tens of thousands more who work for private contracts assigned to the agency). Maybe one of them can tell The General about this thing called “the first amendment”.
I’d love to know what ways, specifically, General Alexander has in mind for empowering the US government to “come up with a way of stopping” the journalism on this story. Whatever ways those might be, they are deeply hostile to the US constitution – obviously. What kind of person wants the government to forcibly shut down reporting by the press?
Whatever kind of person that is, he is not someone to be trusted in instituting and developing a massive bulk-spying system that operates in the dark. For that matter, nobody is.
The U.S.’s 64-Square-Foot “Torture Chambers” October 19, 2013Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Human Rights, Torture.
Tags: constitution, cruel and unusual, extreme isolation, human rights, pam johnson, pennsylvania, pennsylvania prisons, prisons, roger hollander, sensory deprivation, solitary confinement, torture, torture chambers
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ROGER’S NOTE: WHEN I READ ABOUT AMERICA’S TORTURE CHAMBERS (AND I DO NOT PUT THAT PHRASE IN QUOTATION MARKS) AND THE NEARLY 100,000 MOSTLY BLACK, LATINO AND FIRST NATIONS PEOPLES BEING TORTURED DAILY, I THINK OF THE AMERICAN MEDIA AND POLITICAL CULTURE AND ITS SELF-RIGHTEOUS, ARROGANT AND HYPOCRITICAL SERMONIZING ABOUT THE SOVIET GULAG OR THE NAZI CONCENTRATION CAMPS. I WANT YOU TO IMAGINE THAT THE AVERAGE TIME FOR AN AMERICA PRISONER IN SOLITARY CONFINEMENT IS SEVEN AND A HALF YEARS WHEN THE UNITED NATIONS ETHICAL STANDARD IS FIFTEEN DAYS MAXIMUM.
He has not had human contact or a good night’s sleep in nearly three decades. Every single day, he wakes to the sound of metal doors clanging open and a pair of disembodied hands pushing a tray of food through a slot into his 64-square-foot cell.
For the next 23 hours, he will stare at the same four walls. If he is lucky, he’ll be escorted, shackled at his ankles and wrists, into a “yard” – an enclosure only slightly larger than his cell – for an hour of solitary exercise.
This is how Russell “Maroon” Shoatz, a prisoner in the restricted housing unit at the State Correctional Institute (SCI) Frackville in northern Pennsylvania, has spent the past 22 consecutive years.
On Thursday, Shoatz’s lawyers submitted a communication to Juan E. Mendez, the United Nations’ special rapporteur on torture and other cruel, inhuman and degrading treatment or punishment, urging him to inquire into why a “father, grandfather and great grandfather” is being held in extreme isolation despite having a near-perfect disciplinary record for over 20 years.
The appeal comes on the heels of a surge in public debate on the practice of solitary confinement in the United States, where on any given day an estimated 81,000 men, women and children are held in some form of “restricted housing” unit, according to Federal Bureau of Justice statistics.
Authorities in each state have a myriad of euphemisms for the practice: administrative segregation, secure housing units (SHUs), “supermax” facilities, protective custody. Whatever the language, critics say the basic conditions remain the same: extreme isolation and sensory deprivation for years at a time.
According to a 2012 report by Human Rights Watch (HRW), the restrictions imposed in “maximum security” facilities often “exceed the fathomable. In Pennsylvania’s most restrictive units, for example, prisoners have all the usual supermax deprivations plus some that seem gratuitously cruel: they are not permitted to have photographs of family members or newspapers and magazines.”
Mendez has already affirmed that holding a human being in isolation for a period exceeding 15 days constitutes a violation of the U.N. Convention Against Torture (CAT).
Back in 2011, his office called for a complete global ban on the use of solitary confinement “except in the most extreme circumstances and for as short a time as possible”, citing numerous studies – some dating back decades, others as recent as Amnesty International’s 2012 report ‘The Edge of Endurance’ – that have documented the long-lasting psychological impacts resulting from even a few days of social separation.
This past August, a hunger strike involving over 30,000 prisoners protesting conditions in restricted housing units at the Pelican Bay State Prison in California prompted the rapporteur to make an urgent appeal to the U.S. government to “eliminate the use of prolonged or indefinite solitary confinement under all circumstances”, stressing that the average U.S. prisoners banished to the hole typically stays there roughly 7.5 years – “far beyond what is acceptable under international human rights law.”
Harold Engel, an attorney with over 43 years of experience and a retired partner of the global corporate law firm Reed Smith, said he co-signed the appeal Thursday in the hopes that an investigation undertaken by the office of the special rapporteur, housed at the Office of the High Commissioner for Human Rights (OHCHR) in Geneva, will bring an end to indefinite isolation.
“I first became involved in this case because my daughter told me about Shoatz’s situation and I found it abhorrent,” Engel told IPS.
“As I learned more I realised there wasn’t any clear law on the question of whether keeping someone in solitary confinement under conditions that Shoatz has been kept in violates the eighth amendment of the U.S. constitution [prohibiting the government from imposing cruel and unusual punishment] – which, in my opinion, it does.”
Speaking to IPS under condition of anonymity, an inmate who spent several years in solitary confinement in a Pennsylvania prison before being released back into the general population said his life was measured out in a series of arbitrary numbers: he was permitted one hour of exercise on five days out of the week; he was allowed three meals a day but zero contact visits with his family. His cell contained a single cot and one steel sink. Showers were taken thrice weekly, overseen by guards.
“Getting through each day felt like hewing a single stone from a mountain of despair,” he said.
Bret Grote, an activist who has worked for over six years with the Human Rights Coalition (HRC) – an advocacy group comprised predominantly of prisoners’ families, ex-prisoners and their supporters – says he and others have documented “hundreds upon hundreds of instances of torture and other cruel, inhuman and degrading treatment inside the solitary confinement units of Pennsylvania Department of Corrections (PA DOC).”
“The approximately 2,500 prisoners warehoused in solitary by the PA DOC are held in units where physical abuse, psychological deterioration, retaliation for exercising constitutionally-protected rights, food deprivation, extreme social isolation, severely reduced environmental stimulation, theft and destruction of property, obstruction of access to the courts, and racist abuse are normative features,” Grote told IPS.
As Shoatz’s lawyers await an official response from the U.N. rapporteur, they are holding out hope that a full investigation into his case could also bring some respite for the tens of thousands of others enduring such conditions.
Obama Worse than Bush? October 17, 2013Posted by rogerhollander in Barack Obama, Civil Liberties, Constitution, Criminal Justice, Democracy, War on Terror.
Tags: big lie, bin Laden, bin laden kill, civil liberties, constitution, fema camps, habeas corpus, minority report, obama lie, president obama, prolonged detention, roger hollander, scott baker, seymour hersch, sherwood ross, tom cruise
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Roger’s note: Obama worse than Bush? On the face of it it seems a ludicrous idea. But digging a little deeper … Here are two articles that give much food for thought. I especially encourage you to play the video at the very end of the second article and watch Rachel Maddow take apart Obama’s academy award winning performance for convolution.
http://www.opednews,com, 10/17/2013 at 09:10:31
Hersh Says bin Laden Kill Story “One Big Lie”
If Seymour Hersh says the tale of the death of Osama bin Laden at the hands of US Navy SEALS is “one big lie” and “not one word of it is true,” President Obama will be hard pressed to keep his job when Hersh’s new book comes out. Over a lifetime, investigative reporter Hersh has become famous for his accuracy, honesty, reliability and integrity and if he says the bin Laden tale is a fake, you can take it to the bank.
Federal Emergency Management Agency relief trucks stage in New York, as seen as Army Gen. Frank Grass, the chief of the National Guard Bureau; Air Force Chief Master Sgt. Denise Jelinski-Hall and other National Guard senior leaders visit areas impacted by by jim.greenhill
There is no shortage of videos and more videos from conspiratists and mainstream sources alike.
Some purposes seem benign, even helpful, like using the camps to house natural disaster victims, instead of warehousing them in horrific conditions like what ensued after Hurricane Katrina, when up to 20,000 people were jammed into the Louisiana Superdome.
But the use of such camps can be expanded greatly, especially in the new Amerika, where everyone is a suspect, and Constitutional rights are a sometime option.
Rachel Maddow has compiled and dissected some recent speeches by Obama in which he explains the future use of FEMA camps directly, and his twisted but very real legal theory allowing, at least to him, indefinite pre-emptive detention for crimes that have not been committed yet, and Obama’s overreach, far beyond anything Bush and Cheney ever attempted, and completely outside even the constitution’s Article 1, Section 9, which allows for suspension of Habeas Corpus during times of “Rebellion (e.g. as in the Civil War) or Invasion.” She compares Obama’s evolving policy to that of the Tom Cruise science fiction movie: Minority Report, in which Cruise works as a cop in the department of pre-crime, arresting people for things they haven’t done yet.