Roger’s note: I am thankful that I don’t have to spend up to thirty five years in prison. I cannot begin to imagine what that would be like. Chelsea Manning apparently has not been bowed by the draconian and vengeful punishment loaded upon her by the criminal United States military. A profile in courage.
Nov. 25, 2013, Time
I’m usually hesitant to celebrate Thanksgiving Day. After all, the Puritans of the Massachusetts Bay Colony systematically terrorized and slaughtered the very same Pequot tribe that assisted the first English refugees to arrive at Plymouth Rock. So, perhaps ironically, I’m thankful that I know that, and I’m also thankful that there are people who seek out, and usually find, such truths. I’m thankful for people who, even surrounded by millions of Americans eating turkey during regularly scheduled commercial breaks in the Green Bay and Detroit football game; who, despite having been taught, often as early as five and six years old, that the “helpful natives” selflessly assisted the “poor helpless Pilgrims” and lived happily ever after, dare to ask probing, even dangerous, questions.
Such people are often nameless and humble, yet no less courageous. Whether carpenters of welders; retail clerks or bank managers; artists or lawyers, they dare to ask tough questions, and seek out the truth, even when the answers they find might not be easy to live with.
I’m also grateful for having social and human justice pioneers who lead through action, and by example, as opposed to directing or commanding other people to take action. Often, the achievements of such people transcend political, cultural, and generational boundaries. Unfortunately, such remarkable people often risk their reputations, their livelihood, and, all too often, even their lives.
For instance, the man commonly known as Malcolm X began to openly embrace the idea, after an awakening during his travels to the Middle East and Africa, of an international and unifying effort to achieve equality, and was murdered after a tough, yearlong defection from the Nation of Islam. Martin Luther King Jr., after choosing to embrace the struggles of striking sanitation workers in Memphis over lobbying in Washington, D.C., was murdered by an escaped convict seeking fame and respect from white Southerners. Harvey Milk, the first openly gay politician in the U.S., was murdered by a jealous former colleague. These are only examples; I wouldn’t dare to make a claim that they represent an exhaustive list of remarkable pioneers of social justice and equality—certainly many if not the vast majority are unsung and, sadly, forgotten.
So, this year, and every year, I’m thankful for such people, and I’m thankful that one day—perhaps not tomorrow—because of the accomplishments of such truth-seekers and human rights pioneers, we can live together on this tiny “pale blue dot” of a planet and stop looking inward, at each other, but rather outward, into the space beyond this planet and the future of all of humanity.
Chelsea Manning, formerly named Bradley, is serving a 35-year prison sentence at Fort Leavenworth for leaking hundreds of thousands of classified documents to the anti-secrecy group WikiLeaks.
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.
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.
Barry Scott Sussman- Born and raised in New Jersey. Graduated from Rutgers University with a BA in Sociology. Graduated with a JD from the Benjamin Cardozo School of Law specializing in Federal Criminal Procedure and Federal Prosecutorial (more…)
The views expressed in this article are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Roger’s note: Black Agenda Report’s Glen Ford is one of the most incisive journalists on the Internet. Unlike the legions of mind/ethics challenged Obamabots, who for reasons of race or party loyalty are willfully blind to the Obama Administrations Wall Street/Military-Industrial Complex agenda, Black Agenda Report does not hesitate to speak the truth about the first Afro-American Emperor’s mythical new clothes.
Wed, 11/20/2013 – 14:14 — Black Agenda Report
Going on five years into the Obama regime, it is clear that Wall Street is immune from prosecution, no matter the savagery of the economic crime. Attorney General Eric Holder “has ruthlessly maneuvered every case against the oligarchs into his own jurisdictional arena, in order to protect the banksters from aggressive prosecution.” JP Morgan’s Jamie Dimon is a far bigger bandit than Lucky Luciano.
Obama and Holder Let Gangsters Pay Fine, Continue Business As Usual
by BAR executive editor Glen Ford
“The Obama administration has assessed a total of $28 billion in penalties against the Dimon mob, with no discernible effect.”
Imagine if Charles “Lucky” Luciano and his “Commission” representing the five reigning New York Mafia families plus the Chicago mob had been immune from law enforcement meddling in their activities, from the establishment of the “Syndicate” in 1931 to the present day. By now, Luciano’s gangster heirs would be the unchallenged rulers of economic and political life in the United States and, by imperial extension, the entire capitalist world.
JP Morgan chief executive Jamie Dimon is the man Lucky Luciano dreamed of becoming. A friend and golfing partner of President Obama, Dimon sits at the top of the ruling financial pyramid whose “commissioners” include the heads of Bank of America, CitiGroup, Wells Fargo, Goldman Sachs and Morgan Stanley. Their syndicate owns the cops, prosecutors, judges and major political parties and is, therefore, immune from criminal prosecution: the true “Untouchables,” too big to jail. So big, it will require a revolution to dislodge them from hegemonic power.
The latest Obama administration “settlement” of JP Morgan’s ongoing criminal enterprise amounts to a $13 billion fine, a mere speed bump in the unbroken spree of lawlessness that “helped create a financial storm that devastated millions of Americans,” in the words of Associate Attorney General Tony West. Although it is “the largest penalty in history,” Dimon and his fellow banksters are also the richest criminals in history – the most powerful cartel of all time – who can easily afford the levy. The bursting of their housing securities bubble may have wrecked much of the global economy in 2008, but Dimon and his boys made out like pure bandits in the aftermath, consolidating their positions at the center of a dying system. JP Morgan emerged as the biggest U.S. bank in terms of assets, a gleaming tower standing amid the ruins it created. Such is the logic of late stage finance capitalism: catastrophe becomes “creative destruction,” which begets greater economic monopoly, resulting in unchallengeable political supremacy, which makes Dimon too big to jail, whether he’s actually a friend of Obama, or not.
“Dimon and his fellow banksters can easily afford the levy.”
There is no reason whatsoever to believe that the $13 billion fine will have any measurable impact on JP Morgan’s business plan. So far, the Obama administration has assessed a total of $28 billion in penalties against the Dimon mob, with no discernible effect. This time around, however, Obama’s prosecutors have imposed the equivalent of mandatory community service on the corporate malefactor, as an alternative to actual justice. Part of the $4 billion set aside to help struggling homeowners will go towards knocking down abandoned or foreclosed homes in the urban neighborhoods laid waste by JP Morgan and its cohorts in the racially-targeted subprime mortgage frenzy. That’s like compelling the Mafia to do upkeep on the cemeteries where its victims are buried, in lieu of prison terms or execution.
Yet, Justice Department mouthpiece Tony West claims the eyesore clearance penalty will “rectify” some of the harm done to “areas hardest hit by the financial crisis.” But, of course, it doesn’t even come close. Whole communities have been wounded beyond repair. Black wealth took its deepest dive in history, with reverberations that will impact future generations. Many thousands of people have died from the social trauma inflicted by Jamie Dimon and his syndicate – and that’s just in the United States. Globally, millions have perished due to the actions for which the settlement is supposed to atone.
Back in the Spring, the Huffington Post noted that Attorney General Eric Holder was attempting to retract his famous admission that banks like JP Morgan are too big to jail. Holder’s original statement, in March, was:
“I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy. And I think that is a function of the fact that some of these institutions have become too large.”
Two months later, in May, Holder amended his remarks, to say:
“Let me make something real clear right away. I made a statement I guess in a Senate hearing that I think has been misconstrued. I said it was difficult at times to bring cases against large financial institutions because [of] the potential consequences that they would have on the financial system. But let me make it very clear that there is no bank, there’s no institution, there’s no individual who cannot be investigated and prosecuted by the United States Department of Justice…. Let me be very, very, very clear. Banks are not too big to jail. If we find a bank or a financial institution that has done something wrong, if we can prove it beyond a reasonable doubt, those cases will be brought.”
Clearly, Holder was lying, second time around. If there were ever a serial financial gangster, it’s Dimon. There are no better candidates for racketeering prosecution on the face of the Earth than the Big Six banks and their executives: the pinnacle of the ruling class.
“Globally, millions have perished due to the actions for which the settlement is supposed to atone.”
However, it is wrong to deride Holder and Obama as merely timid in the face of Wall Street’s awesomely destructive power. Rather, they are instruments of finance capital’s hegemony. Holder has ruthlessly maneuvered every case against the oligarchs into his own jurisdictional arena, in order to protect the banksters from aggressive prosecution by wayward state officials. Holder’s “settlements” are designed to insulate the banks from the rule of law, since, at this stage of systemic decay, the Lords of Capital can no longer function within existing legal constraints. The public sphere must be privatized; the urban centers, like Detroit, must be disenfranchised; the financial cartel must be allowed to absorb an ever greater proportion of the real economy into its derivatives casino; wealth must flow from the bottom to the top, without pause; and a planetary corporate code must be established through “free trade” treaties that supersede the sovereign laws of nations. All of the Obama administration’s marching orders flow from these imperatives.
Obama and Holder are guardians of the emerging new order, which does not yet have a legal code – and may well prefer to forgo such niceties, entirely. In the meantime, corporate Democrats and Republicans will give lip service to the law while the Mafia of Money runs the show.
Roger’s note: in this article Hedges cites John Kennedy’s “Those who make peaceful change impossible make violent change inevitable,” which is more or less the theme of the piece. A chant I have heard at many a protest demonstration says the same in four simple words: “No Justice, No Peace.” In our upside-down world, the state purveyors of massive violence and terror, indict those who oppose it on the grounds of inciting violence and terror. Freud would understand, but I digress. Regardless of whether governments are democratic or not, it is capital that rules in our universe. Capital-ism is the system by which capital rules via economies, governments (all three branches: executive, law making legislatures and judicial), military and policing. In a very real sense, there is a war going on at all times, the war against human beings by those who own, manage and control capital (huge accumulations of stolen wealth). As the saying goes: they only acknowledge class war when we fight back.
NEW YORK—I was in federal court here Friday for the sentencing of Jeremy Hammond to 10 years in prison for hacking into the computers of a private security firm that works on behalf of the government, including the Department of Homeland Security, and corporations such as Dow Chemical. In 2011 Hammond, now 28, released to the website WikiLeaks and Rolling Stone and other publications some 3 million emails from the Texas-based company Strategic Forecasting Inc., or Stratfor.
Protesters stand in front of the federal courthouse during the arraignment of Jeremy Hammond in Manhattan on May 14, 2012. (Photo: AP Photo/Seth Wenig)
The sentence was one of the longest in U.S. history for hacking and the maximum the judge could impose under a plea agreement in the case. It was wildly disproportionate to the crime—an act of nonviolent civil disobedience that championed the public good by exposing abuses of power by the government and a security firm. But the excessive sentence was the point. The corporate state, rapidly losing credibility and legitimacy, is lashing out like a wounded animal. It is frightened. It feels the heat from a rising flame of revolt. It is especially afraid of those such as Hammond who have the technical skills to break down electronic walls and expose the corrupt workings of power.
“People have a right to know what governments and corporations are doing behind closed doors,” Hammond told me when we met in the Metropolitan Correctional Center in Manhattan about a week and a half before his sentencing.
I did not hope for justice from the court. Judge Loretta A. Preska is a member of the right-wing Federalist Society. And the hack into Stratfor gave the email address and disclosed the password of an account used for business by Preska’s husband, Thomas Kavaler, a partner at the law firm Cahill Gordon & Reindel. Some emails of the firm’s corporate clients, including Merrill Lynch, also were exposed. The National Lawyers Guild, because the judge’s husband was a victim of the hack, filed a recusal motion that Preska, as chief judge of the U.S. District Court for the Southern District of New York, was able to deny. Her refusal to recuse herself allowed her to oversee a trial in which she had a huge conflict of interest.
The judge, who herself once was employed at Cahill Gordon & Reindel, fulminated from the bench about Hammond’s “total lack of respect for the law.” She read a laundry list of his arrests for acts of civil disobedience. She damned what she called his “unrepentant recidivism.” She said: “These are not the actions of Martin Luther King, Nelson Mandela … or even Daniel Ellsberg; there’s nothing high-minded or public-spirited about causing mayhem”—an odd analogy given that Mandela founded the armed wing of the African National Congress, was considered by South Africa’s apartheid government and the United States government to be a terrorist and was vilified, along with King and Ellsberg, by the U.S. government. She said there was a “desperate need to promote respect for the law” and a “need for adequate public deterrence.” She read from transcripts of Hammond’s conversations in Anonymous chat rooms in which he described the goal of hacking into Stratfor as “destroying the target, hoping for bankruptcy, collapse” and called for “maximum mayhem.” She admonished him for releasing the unlisted phone number of a retired Arizona police official who allegedly received threatening phone calls afterward.
The judge imposed equally harsh measures that will take effect after Hammond’s release from prison. She ordered that he be placed under three years of supervised control, be forbidden to use encryption or aliases online and submit to random searches of his computer equipment, person and home by police and any internal security agency without the necessity of a warrant. The judge said he was legally banned from having any contact with “electronic civil disobedience websites or organizations.” By the time she had finished she had shredded all pretense of the rule of law.
The severe sentence—Hammond will serve more time than the combined sentences of four men who were convicted in Britain for hacking related to the U.S. case—was monumentally stupid for a judge seeking to protect the interest of the ruling class. The judicial lynching of Hammond required her to demonstrate a callous disregard for transparency and our right to privacy. It required her to ignore the disturbing information Hammond released showing that the government and Stratfor attempted to link nonviolent dissident groups, including some within Occupy, to terrorist organizations so peaceful dissidents could be prosecuted as terrorists. It required her to accept the frightening fact that intelligence agencies now work on behalf of corporations as well as the state. She also had to sidestep the fact that Hammond made no financial gain from the leak.
The sentencing converges with the state’s persecution of Chelsea Manning, Edward Snowden, Julian Assange and Barrett Brown, along with Glenn Greenwald, Jacob Appelbaum, Laura Poitras and Sarah Harrison, four investigative journalists who are now in self-imposed exile from the United States. And as the numbers of our political prisoners and exiled dissidents mount, there is the unmistakable stench of tyranny.
This draconian sentence, like the draconian sentences of other whistle-blowers, will fan revolt. History bears this out. It will solidify the growing understanding that we must resort, if we want to effect real change, to unconventional tactics to thwart the mounting abuses by the corporate state. There is no hope, this sentencing shows, for redress from the judicial system, elected officials or the executive branch. Why should we respect a court system, or a governmental system, that shows no respect to us? Why should we abide by laws that serve only to protect criminals such as Wall Street thieves while leaving the rest of us exposed to abuse? Why should we continue to have faith in structures of power that deny us our most basic rights and civil liberties? Why should we be impoverished so the profits of big banks, corporations and hedge funds can swell?
No one will save us but ourselves. That was the real message sent out by the sentencing of Jeremy Hammond. And just as Hammond was inspired to act by the arrest of Chelsea (then Bradley) Manning, others will be inspired to act by Hammond and the actions taken against him. And we can thank Judge Preska for that.
Hammond is rooted in the Black Bloc. As he was escorted out of the courtroom on the ninth floor of the federal courthouse at 500 Pearl St. on Friday he shouted to roughly 100 people—including a class of prim West Point cadets in their blue uniforms—gathered there: “Long live Anonymous! Hurrah for anarchy!” In a statement he read in court he thanked “Free Anons, the Anonymous Solidarity Network [and] Anarchist Black Cross” for their roles in the fight against oppression.
Hammond has abandoned faith not only in traditional institutions, such as the courts, but nonviolent mass protest and civil disobedience, a point on which he and I diverge. But his analysis of corporate tyranny is correct. And the longer the state ruthlessly persecutes dissidents, the more the state ensures that those who oppose it will resort to radical responses including violence. “Those who make peaceful change impossible make violent change inevitable,” John F. Kennedy said. And the corporate state is not only making peaceful change impossible but condemning it as terrorism.
In late October I spent an afternoon with Hammond in New York’s Metropolitan Correctional Center, where he had been held for 20 months. He said during our conversation, parts of which his lawyer requested be published only after his sentencing, that he believed that the sole way the people will now have any power is to rise up physically and seize it. My column last week was about that interview, and now I am including previously withheld parts of the conversation.
Hammond defines himself as “an anarchist communist.” He seeks to destroy capitalism and the centralized power of the corporate state. His revolutionary vision is “leaderless collectives based on free association, consensus, mutual aid, self-sufficiency and harmony with the environment.” He embraces the classic tools of revolt, including mass protests, general strikes and boycotts. And he sees hacking and leaking as part of this resistance, tools not only to reveal the truths about these systems of corporate power but to “disrupt/destroy these systems entirely.”
He participated in the Occupy movement in Chicago but found the politics of Occupy too vague and amorphous, a point on which I concur. He said Occupy lacked revolutionary vigor. He told me he did not support what he called the “dogmatic nonviolence doctrine” of many in the Occupy movement, calling it “needlessly limited and divisive.” He rejects the idea of acts of civil disobedience that protesters know will lead to their arrest. “The point,” he said, “is to carry out acts of resistance and not get caught.” He condemns “peace patrols,” units formed within the Occupy movement that sought to prohibit acts of vandalism and violence by other protesters—most often members of the Black Bloc—as “a secondary police force.” And he spurns the calls by many in Occupy not to antagonize the police, calling the police “the boot boys of the 1 percent, paid to protect the rich and powerful.” He said such a tactic of non-confrontation with the police ignored the long history of repression the police have carried out against popular movements, as well as the “profiling and imprisonment of our comrades.”
“Because we were unprepared, or perhaps unwilling, to defend our occupations, police and mayors launched coordinated attacks, driving us out of our own parks,” he said of the state’s closure of the Occupy encampments.
“I fully support and have participated in Black Bloc and other forms of militant direct action,” he said. “I do not believe that the ruling powers listen to the people’s peaceful protests. Black Bloc is an effective, fluid and dynamic form of protest. It causes disruption outside of predictable/controllable mass demonstrations through ‘unarrests,’ holding streets, barricades and property destruction. Smashing corporate windows is not violence, especially when compared to the everyday economic violence of sweatshops and ‘free trade.’ Black Bloc seeks to hit them where it hurts, through economic damage. But more than smashing windows they seek to break the spell of ‘law and order’ and the artificial limitations we impose on ourselves.”
I disagree with Hammond over tactics, but in the end this disagreement is moot. It will be the ruling elites who finally determine our response. If the corporate elites employ the full force of the security and surveillance state against us, if corporate totalitarian rule is one of naked, escalating and brutal physical repression, then the violence of the state will spawn a counter-violence. Judge Preska’s decision to judicially lynch Hammond has only added to the fury she and the state are trying to stamp out. An astute ruling class, one aware of the rage rippling across the American landscape, would have released Hammond on Friday and begun to address the crimes he exposed. But our ruling class, while adept at theft, looting, propaganda and repression, is blind to the growing discontent caused by the power imbalance and economic inequality that plague ordinary Americans at a time when half of the country lives in poverty or “near poverty.”
“The acts of civil disobedience and direct action that I am being sentenced for today are in line with the principles of community and equality that have guided my life,” Hammond told the courtroom. “I hacked into dozens of high-profile corporations and government institutions, understanding very clearly that what I was doing was against the law, and that my actions could land me back in federal prison. But I felt that I had an obligation to use my skills to expose and confront injustice—and to bring the truth to light.”
“Could I have achieved the same goals through legal means?” he said. “I have tried everything from voting petitions to peaceful protest and have found that those in power do not want the truth to be exposed. When we speak truth to power we are ignored at best and brutally suppressed at worst. We are confronting a power structure that does not respect its own system of checks and balances, never mind the rights of its own citizens or the international community.”
“My first memories of American politics was when Bush stole the election in 2000,” he told me at a metal table as we met at the prison in a small room reserved for attorney visits, “and then how Bush used the wave of nationalism after 9/11 to launch unprovoked pre-emptive wars against Afghanistan and Iraq. In high school I was involved in publishing ‘underground’ newsletters criticizing the Patriot Act, the wars, and other Bush-era policies. I attended many anti-war protests in the city [Chicago] and was introduced to other local struggles and the larger anti-corporate globalization movement. I began identifying as an anarchist, started to travel around the country to various mobilizations and conferences, and began getting arrested for various acts.”
He said that his experience of street protest, especially against the wars in Afghanistan and Iraq, was seminal, for he saw that the state had little interest in heeding the voices of protesters and others in the public. “Instead, we were labeled as traitors, beaten and arrested.”
“I targeted law enforcement systems because of the racism and inequality with which the criminal law is enforced,” he admitted in court. “I targeted the manufacturers and distributors of military and police equipment who profit from weaponry used to advance U.S. political and economic interests abroad and to repress people at home. I targeted information security firms because they work in secret to protect government and corporate interests at the expense of individual rights, undermining and discrediting activists, journalists and other truth seekers, and spreading disinformation.”
An FBI informant, Hector Xavier Monsegur, posing as an Anonymous member and using the online name “Sabu,” prodded Hammond to break into Stratfor and informed him of technical vulnerabilities in websites of the company.
“Why the FBI would introduce us to the hacker who found the initial vulnerability and allow this hack to continue remains a mystery,” Hammond said as he faced the judge.
“As a result of the Stratfor hack, some of the dangers of the unregulated private intelligence industry are now known,” he said. “It has been revealed through WikiLeaks and other journalists around the world that Stratfor maintained a worldwide network of informants that they used to engage in intrusive and possibly illegal surveillance activities on behalf of large multinational corporations.”
At Sabu’s urging, Hammond broke into other websites, too. Hammond, at Sabu’s request, provided information to hackers enabling them to break into and deface official foreign government websites, including some of Turkey, Iran and Brazil. The names of these three countries are technically under a protective court order but have been reported widely in the press.
“I broke into numerous sites and handed over passwords and backdoors that enabled Sabu—and by extension his FBI handlers—to control these targets,” Hammond said.
“I don’t know how other information I provided to him may have been used, but I think the government’s collection and use of this data needs to be investigated,” he went on. “The government celebrates my conviction and imprisonment, hoping that it will close the door on the full story. I took responsibility for my actions, by pleading guilty, but when will the government be made to answer for its crimes?”
“The hypocrisy of ‘law and order’ and the injustices caused by capitalism cannot be cured by institutional reform but through civil disobedience and direct action,” Hammond told the court. “Yes, I broke the law, but I believe that sometimes laws must be broken in order to make room for change.”
Fort Carson, Colorado — Imprisoned war resister PFC Kimberly Rivera has submitted a clemency application seeking a reduction by 45 days in the 10 month prison sentence she received for seeking asylum in Canada rather return to her unit in Iraq.
The request for clemency was based on humanitarian reasons due to pregnancy. Unless clemency is granted, Private First Class Kimberly Rivera will be forced to give birth in prison and then immediately relinquish custody of her son while she continues to serve the remainder of her sentence.
Unfortunately military regulations provide no provisions for her to be able to breastfeed her infant son while she is in prison.
Fort Carson Senior Commander Brigadier General Michael A. Bills will be making a decision on PFC Rivera’s clemency request in the coming weeks.
PFC Rivera’s case made international news when she was the first female US soldier in the current era to flee to Canada for reasons of conscience. After a protracted struggle through the Canadian legal system, she was deported back to the United States in September 2012. She was then immediately arrested and sent back to the Army to stand trial.
In an interview conducted on the eve of her court-martial, Rivera said, ” When I saw the little girl [in Iraq] shaking in fear, in fear of me, because of my uniform, I couldn’t fathom what she had been through and all I saw was my little girl and I just wanted to hold her and comfort her. But I knew I couldn’t. It broke my heart. I am against hurting anyone” I would harm myself first. I felt this also made me a liability to my unit and I could not let me be a reason for anyone to be harmed—so I left” Even though I did not fill out the official application to obtain conscientious objector status, I consider myself a conscientious objector to all war.”
On April 29, 2013, PFC Rivera pled to charges of desertion. She was sentenced by the military judge to fourt een months in prison, loss of rank and pay, and a dishonorable discharge; thanks to a pre-trial agreement her sentence was reduced to an actual sentence to ten months of co nfinement and a bad-conduct discharge.
Kimberly Rivera has been recognized by Amnesty International as a “prisoner of conscience.” She is the mother of four children, ages 11, 9, 4 and 2.
Kimberly Rivera’s request for clemency was accompanied by 495 letters of support, written by family members, friends, as well as members of Amn esty International from 19 countries.
” We have many organizations to thank for the outpouring of support for Kimberly Rivera, including Amnesty International, Courage to Resist, the War Resisters Support Campaign of Canada, Veterans for Peace and Coffee Strong,” said James M. Branum, civilian defense attorney for PFC Rivera. “We also want to recognize the tireless efforts of local supporters in Colorado Springs and San Diego who have taken the time to visit Kim in prison as well as to provide important support to Kim’s family in her absence.”
While the official clemency request is now complete, supporters of PFC Rivera are still encouraged to continue to speak out on her behalf. Letters in support of PFC Rivera’s clemency request can be sent directly to:
Brigadier General Michael A. Bills
c/o Fort Carson Public Affairs Office
1626 Ellis Street
Suite 200, Building 1118
Fort Carson, CO 80913
Roger’s note: Back in the last decades of the 2000s, when we participated in protest activities — from the Vietnam War to the Iraq invasions — we knew there were likely to be police abuses and arrests, especially if civil disobedience was part of the strategy. So we prepared by “arming” ourselves with information about our constitutional rights and usually had ACLU lawyer types ready to back us up, their phone numbers in our back pockets. Times have changed. The constitution and habeas corpus doesn’t mean much any more. The police have always acted with a degree of impunity, but today that has increased exponentially, along with a frightening degree of police militarization (they already have armored cars and tanks and will soon have little drone missiles). The crackdowns on the Occupy Movement two years ago made that crystal clear. Do we live in a police state? I think the evidence speaks for itself. Here is just one example of what peaceful protest faces today.
Promotional materials for private spy companies show that mass surveillance technology is being sold to police departments as a way to monitor dissent
by John Knefel
A number of private spying companies offer services to help police keep tabs on individual protesters’ tweets and Facebook posts. (Credit: Fuse)
The documents leaked to media outlets by former NSA contractor Edward Snowden this year have brought national intelligence gathering and surveillance operations under a level of scrutiny not seen in decades. Often left out of this conversation, though, is the massive private surveillance industry that provides services to law enforcement, defense agencies and corporations in the U.S. and abroad – a sprawling constellation of companies and municipalities. “It’s a circle where everyone [in these industries] is benefitting,” says Eric King, lead researcher of watchdog group Privacy International. “Everyone gets more powerful, and richer.”
Promotional materials for numerous private spy companies boast of how law enforcement organizations can use their products to monitor people at protests or other large crowds – including by keeping tabs on individual people’s social media presence. Kenneth Lipp, a journalist who attended the International Association of Chiefs of Police conference in Philadelphia from October 19th to 23rd, tells Rolling Stone that monitoring Twitter and Facebook was a main theme of the week. “Social media was the buzzword,” says Lipp. He says much of the discussion seemed to be aimed at designing policies that wouldn’t trigger potentially limiting court cases: “They want to avoid a warrant standard.”
While the specifics of which police departments utilize what surveillance technologies is often unclear, there is evidence to suggest that use of mass surveillance against individuals not under direct investigation is common. “The default is mass surveillance, the same as NSA’s ‘collect it all’ mindset,” says King. “There’s not a single company that if you installed their product, [it] would comply with what anyone without a security clearance would think is appropriate, lawful use.”
The YouTube page for a company called NICE, for instance, features a highly produced video showing how its products can be used in the event of a protest. “The NICE video analytic suite alerts on an unusually high occupancy level in a city center,” a narrator says as the camera zooms in on people chanting and holding signs that read “clean air” and “stop it now.” The video then shows authorities redirecting traffic to avoid a bottleneck, and promises that all audio and video from the event will be captured and processed almost immediately. “The entire event is then reconstructed on a chronological timeline, based on all multimedia sources,” says the narrator. According to an interview with the head of NICE’s security division published in Israel Gateway, NICE systems are used by New Jersey Transit and at the Statue of Liberty, though it isn’t clear if they are the same products shown in the video.
“Thousands of customers worldwide use NICE Security solutions to keep people safe and protect property,” says Sara Preto, a spokesperson for NICE. She declined to confirm any specific clients, but added: “We work with law enforcement and other government agencies within the framework of all relevant and national laws.”
Another program, made by Bright Planet and called BlueJay, is billed in a brochure to law enforcement as a “Twitter crime scanner.” BlueJay allows cops to covertly monitor accounts and hashtags; three that Bright Planet touts in promotional material are #gunfire, #meth, and #protest. In another promotional document, the company says BlueJay can “monitor large public events, social unrest, gang communications, and criminally predicated individuals,” as well as “track department mentions.” Bright Planet did not respond to a request for comment.
A third company, 3i:Mind, lays out a scenario for a potential law enforcement client that begins: “Perhaps you are tracking an upcoming political rally.” It continues:
Once you set up the OpenMIND™ system to profile and monitor the rally, it will search the web for the event on web pages, social networking sites, blogs, forums and so forth, looking for information about the nature of the rally (e.g. peaceful, violent, participant demographics), try to identify both online and physical world activist leaders and collect information about them, monitor the event in real-time and alert you on user-defined critical developments.
The scenario concludes: “Your insight is distributed to the local police force warning them that the political rally may turn violent and potentially thwarting the violence before it occurs.” The 3i:Mind website gives no clues at to which governments or corporations use their products, and public information on the company is limited, though they have reportedly shown their product at various trade shows and police conferences. The company didn’t respond to a request for comment.
Other companies are less upfront about how their products can be used to monitor social unrest. A product that will be familiar to anyone who attended an Occupy Wall Street protest in or around New York’s Zuccotti Park is SkyWatch, by FLIR, pointed out to Rolling Stone by Lipp, the journalist who attended the police conference. SkyWatch is a mobile tower in the form of a two-person cab that can be raised two stories high to provide “an array of surveillance options,” according to a promotional brochure. Those options include cameras and radar, as well as “customizable” options. The brochure says SkyWatch is perfect for “fluid operations whether on the front lines or at a hometown event.” As of this writing, the NYPD still has a SkyWatch deployed in a corner of Zuccotti Park, where Occupy activists were evicted by the police nearly two years ago.
These promotional materials, taken together, paint a picture not only of local police forces becoming increasingly militarized, but also suggest departments are venturing into intelligence-gathering operations that may go well beyond traditional law enforcement mandates. “Two things make today’s surveillance particularly dangerous: the flood of ‘homeland security’ dollars (in the hundreds of millions) to state and local police for the purchase of spying technologies, and the fact that spook technology is outpacing privacy law,” says Kade Crockford, director of the Massachusetts ACLU’s technology for liberty program and the writer of the PrivacySOS blog, which covers these issues closely. “Flush with fancy new equipment, police turn to communities they have long spied on and infiltrated: low-income and communities of color, and dissident communities.”
Many of the legal questions surrounding these kinds of police tactics remain unsettled, according to Faiza Patel, co-director of the Liberty and National Security program at New York University Law School’s Brennan Center for Justice. Information that is publicly available, like tweets and Facebook posts, is generally not protected by the Fourth Amendment, though legal questions may arise if that information is aggregated on a large scale – especially if that collection is based on political, religious or ethnic grounds. “This information can be useful, but it can also be used in ways that violate the Constitution,” says Patel. “The question is: what are [police departments] using it for?”
Rolling Stone contacted police departments for the cities of New York City, Los Angeles, Chicago, Philadelphia and Washington D.C. for comment on this story.
“The Philadelphia Police Department has their own cameras,” says that force’s spokesperson Jillian Russell. “The department does not have private surveillance companies monitor crime.” She directed follow-up questions about software used to process big data to a deputy mayor’s office, who didn’t return a phone call asking for comment.
When asked if the LAPD uses programs to monitor protesters, a media relations email account sent an unsigned message that simply read: “We are not aware of this.”
The other police departments did not respond to requests for comment.
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.
L to R: Kimberly Richardson (of the Peoples Institute for Survival), Robert King (who spent 31 years in isolation), and Theresa Shoatz, whose father Russell Maroon Shoatz is also in long-term solitary confinement. (Credit: Ann Harkness/cc by 2.0)
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.
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.
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.
Hersh told “The Guardian,” Britain’s investigative daily, “Nothing’s been done about that story.” A Pakistani report on the killing of bin Laden, Hersh says, was published with considerable U.S. input and is “a bullshit report.” bin Laden allegedly was killed by a SEAL team in Abbottabad, Pakistan, May 1, 2011.
Hersh is writing a book about national security, “The Guardian” says, and he’s hinted it will include a chapter on the Seals raid in Pakistan that allegedly bumped off bin Laden.
President Obama’s administration lies systematically, Hersh asserts, yet is never challenged by America’s supine media. “It’s pathetic, they are more than obsequious, they are afraid to pick on this guy (Obama),” Hersh said.
Hersh claims President Obama is worse than Bush, “Guardian” writer Lisa O’Carroll, who interviewed Hersh, reports.”Do you think Obama’s been judged by any rational standards?” Hersh asks.”Has Guantanamo closed? Is a war over? Is anyone paying attention to Iraq? Is he seriously talking about going into Syria?”How does Obama get away with the drone program?” How does he justify it? What’s the intelligence?”Why don’t we find out how good or bad this policy is?”
Hersh concludes, “The republic’s in trouble, we lie about everything, lying has become the staple.”
In his bid for re-election in 2012, the Obama campaign milked the bin Laden slaying for all it was worth, making a video narrated by actor Tom Hanks about it. The “Huffington Post’s” Ben Feller at the time wrote an article headlined, “Obama Campaign Using Osama Bin Laden Killing As 2012 Campaign Tool.”
Obama earlier had trumpeted the killing as “the most significant achievement in our fight against Al Quida.”
And Hersh says today the “gotcha” story is all “One Big Lie.” Sounds like an investigation, perhaps even a prosecution, may be in order. #
(Sherwood Ross, who formerly reported for major dailies and wire services, is a public relations consultant for good causes.)
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
The Conspirosphere has been buzzing about FEMA camps – mass incarceration/relocation centers – for some years now.
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.
So, FEMA camps: helpful shelter systems for the next super-storm, or involuntary detention centers for the round-up by the next super storm-troopers…or both? You can decide…for now.
And there comes a time when one must take a position that is neither safe nor politic, nor popular, but he must do it because conscience tells him it is right.” — Martin Luther King, Jr.
Ecosystemsin the Ecuadorian Amazon have been contaminated with by-products of oil extraction
Tomorrow, October 15, a landmark trial opens in federal court in New York City: Chevron Corp v. Steven Donziger et al., one of the world’s largest oil companies against the attorneys and advocates who represent the 30,000 “Lago Agrio Plaintiffs.” The case is the latest in a long and often tragic saga of the Ecuadorian victims struggle for justice.
I am writing this because I don’t want the real issue to be forgotten. The Ecuadorian communities are fighting for justice for the human rights violations and environmental crimes committed by Texaco between 1971 and 1992 in the Northern Ecuadorian Amazon. Since 1993 these Ecuadorian victims have been seeking relief in the largest environmental lawsuit in Latin America to date.
In 2003 I visited the affected communities in the Ecuadorian provinces of Orellana and Succumbios, and I have long supported them in their quest for justice.
Bianca Jagger by an oil pit, Ecuador, 2003I am not writing as an apologist of the legal team, nor am I condoning their behavior — but I feel the need to speak up on behalf of the Ecuadorian victims who may now never get the justice they deserve. It’s critical that Judge Lewis Kaplan, the media, and the public at large don’t lose sight of the real issue.
Between 1971 and 1992, Texaco embarked upon reckless oil exploration, pumping 1.5 billion barrels of oil from Ecuador. Texaco carved more than 350 oil wells in a rainforest area roughly three times the size of Manhattan and dumped approximately 16.5 billion gallons of oil-contaminated water into unlined pits — one and a half times the amount spilled by the oil tanker Exxon Valdez. When Texaco left Ecuador in 1992, it left behind 916 unlined open toxic waste pits, some just a few feet from the homes of residents. Leeching of highly toxic wastewater byproducts of oil extraction from these pits contaminated the entire groundwater and ecosystem in one of the world’s most valuable rainforests. As there is no running water in the region families, including thousands of children, have no alternative but to drink, bathe, and cook with poisoned water from streams, rivers, lagoons and swamps that have been contaminated by Texaco.
U.S. states have laws requiring that pits have impermeable liners. Louisiana and Texas, two major oil-producing states, passed such laws in the 1930s. Texaco must have been aware of the dire consequences of leaving unlined pits exposed — they made a calculated decision, based on profit. The company saved an estimated $3 per barrel of oil produced by handling its toxic waste in Ecuador in ways that were unthinkable and illegal in the US. The cost to the human population is immeasurable. Ecosystems have been destroyed, diseases have proliferated, crops have been damaged, farm animals killed.
During my visits to the affected communities in 2003, I was appalled at the evidence of the consequences of direct exposure to these toxic waters. The suffering and environmental devastation I witnessed is not a fabrication, or a fiction. There is a toxic legacy left by Texaco for present and future generations.
In May 1995, three years after Texaco left Ecuador, the Republic of Ecuador and Texaco reached a settlement regarding Texaco’s obligations to clean up a percentage of the well sites roughly corresponding to its percentage ownership in the consortium that made money from the drilling. Ecuador’s state-owned oil company, PetroEcuador, was the 62.5 percent majority owner of that consortium from 1976 to 1992, so Texaco was required to clean up only a minority of the well sites. The settlement would later form part of Chevron’s claims that the case had been settled. It did not, however, extinguish the claims of individual third parties, or affect the rights of the communities affected by Texaco’s actions. Certainly the “clean up” undertaken by Texaco was limited and has made no material difference to the lives of the Ecuadorian communities.
Ecosystems contaminated by Texaco’s activities in Ecuador.
The Texaco disaster culminated in the largest environmental lawsuit in Latin America to date; brought by 30,000 plaintiffs from the Ecuadorean Amazon. They filed a billion dollar class action against Texaco in New York. Texaco moved to dismiss the U.S. lawsuit on forum non conveniens grounds. In 2002 the court granted Texaco’s motion, and the case moved to Ecuador on the condition that the company stop using an expiration of the statute of limitations as a defence and that any judgment be enforceable in the U.S. Among the plaintiffs are five indigenous tribes, the Cofán, Siona, Secoya, Kichwa and Huaorani.
The Ecuadorian Amazon in the wake of Texaco.
Chevron acquired Texaco in 2001. Unlike the Exxon Valdez and the Deepwater Horizon accidents, where Exxon and BP, respectively, took some responsibility for their negligence, Chevron has successfully managed to move the case outside of the U.S. because it provided them with two options: to rig the judicial system in a foreign country, or to dodge its responsibility by not recognizing the validity of the verdict if it was not in their favor.
In February 2011, Judge Nicolas Zambrano issued a final verdict, ordering Chevron to pay $18.5 billion to the Ecuadorian plaintiffs. But as Chevron has no holdings in Ecuador, the plaintiffs have been unable to collect that judgement.
Chevron has paid more than $400 million to an army of lawyers to help the company avoid payment and spent over $100 million in lobbying firms to influence U.S. lawmakers and government officials to affect Ecuador’s trade with the U.S., and to discredit Ecuador, its government and legal system. Chevron has even been lobbying Congress and the U.S. Trade Representative not to renew Ecuador’s Most Favored Nation status, which expired on July 31, 2013.
Even prior to the 2011 Ecuadoran ruling, the law firm Gibson, Dunn & Crutcher, representing Chevron, was shifting the case physically, from Ecuador to New York, from pollution and human rights to attorney ethics.
Gibson Dunn won U.S. court orders forcing the makers of the feature documentary CRUDE to turn over 600 hours of raw footage on the Ecuadorean case in 2010. This footage apparently shows an attorney for the Ecuadorian communities, recounting how he has put pressure on Ecuadorian judges. Now Chevron has accused the attorney of fraud and racketeering — of attempting to obtain the settlement for his own personal benefit, and brought the civil lawsuit against the trial lawyers and consultants for the Ecuadorian plaintiffs.
Chevron brought three collateral actions against the Ecuador judgment in a New York federal court, all overseen by Judge Lewis Kaplan, who has a puzzling attitude toward the case. The Ecuadorians asked that Judge Kaplan be recused from the case in 2011. In their writ of Mandamus the Ecuadorians expressed their concern at the Judge’s language — referring to them as the “so-called Lago Agrio plaintiffs,” and in one written order, describes them as “a number of indigenous peoples said to reside in the Amazon rainforest.”
On Jan. 26, 2012, a three-judge panel of the 2nd U.S. Circuit Court of Appeals ruled that Judge Kaplan previously overstepped his authority when he tried to ban enforcement around the world of the $18.5 billion judgement against Chevron Inc. for environmental damage in Ecuador. But Chevron has retaliated.
Which brings us back to the suit that begins tomorrow, October 15, in a federal district court in New York, once again before Judge Kaplan. In order to avoid a trial by jury Chevron has dropped their claims for damages against the defendants. There is a massive imbalance of power and resources between the two sides. Unlike Chevron, the defense has scant resources — as demonstrated by this motion by Julio Gomez, which asks that the trial schedule reflect the fact that
My firm has no funds to hire an associate, a paralegal or even an assistant to help me through trial given the fact that I have insufficient funds to cover outstanding bills – much less fees going into trial. I have not even been able to contract the two assistants who aided me temporarily with the filing of Defendants’ draft pre-trial submissions in August.
Chevron has also subpoenaed nine years’ worth of email metadata — from September 2003 to 2012 — from 101 email accounts belonging to people with connections to the case. Data requested includes names, time stamps, and detailed location data and login info. Judge Kaplan granted this subpoena in September 2013. According to Mother Jones, this strays dangerously close to violation of First Amendment rights.
The Republic of Ecuador is also seeking leave to intervene to protect the confidentiality of privileged documents which appear to have made their way into Chevron’s suit without explanation.
The case of the Ecuadorians is being lost in a legal labyrinth. Avenues of legal recourse are being closed off, so that the victims have nowhere to turn.
The $18.5 billion judgement in favor of the Ecuadorian plaintiffs should have been historic, a landmark, a precedent for ending impunity for powerful multinational corporations in the developing world and achieving justice. It was a beacon of hope. But after 20 years of long, hard battle, I am beginning to have serious doubts as to whether the victims in Ecuador will ever be compensated.
The Ecuadorian communities were the victims of exploitation by a multinational corporation, Texaco. Their lives, and that of their children, are affected by the toxic waters that leaked into water sources on which they are dependent. This is the real issue, and it is a story that is all too common throughout the developing world. With their legal team on trial, who will pursue justice for the Ecuadorian plaintiffs now?
I appeal to Judge Kaplan, to the media, and to the public at large — please don’t forget what is at stake here. Don’t let this legal imbroglio eclipse the issues which are really at the heart of this case: human rights, justice and environmental protection.
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Bianca Jagger is a prominent international human rights and climate change advocate. She is the Founder and Chair of the Bianca Jagger Human Rights Foundation, Council of Europe Goodwill Ambassador, Member of the Executive Director’s Leadership Council of Amnesty International USA, Trustee of the Amazon Charitable Trust, and on the advisory board of the Creative Coalition. For over 30 years, Bianca Jagger has campaigned for human rights, social and economic justice and environmental protection throughout the world.
Donald Rumsfeld, Scooter Libby, Joe Lieberman, Rupert Murdoch and a bunch of other right-wing creeps gathered at NYC’s ritzy Plaza Hotel Monday night to roast Dick Cheney and make tasteless jokes – even some participants winced – about waterboarding, torture and other crimes against humanity because, oh man, this stuff just never ceases to be hilarious. One highlight of the evening, which was hosted by Commentary, came when Lieberman crowed about how nice it was “we’re all here at the Plaza instead of in cages after some war crimes trial.” Ha, good one Joe. Now that you and your cohorts have enjoyed what one called “a very sentimental night,” may you all rot in hell or cages, whichever comes first.