The CIA & NYPD: Perilous Insubordination in Our Democracy

By Charles Pierce, Esquire

23 December 14

"He has affected to render the Military independent of and superior to the Civil power."

ere's something interesting about the Declaration of Independence, which we all revere because, you know, freedom. In the long bill of particulars on which the Continental Congress arraigned King George III -- and there are 27 counts on that indictment -- there's only one mention of taxes. Rather, every one of the charges, especially the one quoted above, has to do with the illegitimate use by the king, and by his agents in the American colonies, of existing political institutions against the people themselves, either directly (by quartering troops, for example), or by rigging those institutions so they functioned for his benefit and not for the benefit of the people of the colonies. The men who signed the Declaration had long experience with what happens when the legal and political institutions of a state, and the people charged with their operation, suddenly consider themselves above the civil power they are supposed to serve -- which, or so said Mr. Jefferson of Virginia, derives its just powers from the consent of the governed. That, they saw, was the true danger to their liberties posed by the government of the colonies at that time.

For the past two weeks, on two different fronts, we have been confronted with the unpleasant fact that there are people working in the institutions of our self-government who believe themselves not only beyond the control and sanctions of the civil power, but also beyond the control and sanctions of their direct superiors. We also have been confronted with the fact that there are too many people in our political elite who are encouraging this behavior for their own purposes, most of which are cheap and dangerous. In Washington, John Brennan, the head of the CIA, came right up to the edge of insubordination against the president who hired him in the wake of the Senate report on American torture. Meanwhile, in New York, in the aftermath of weeks of protests against the strangulation of Eric Garner by members of the New York Police Department, two patrolmen, Wenjian Liu and Rafael Ramos, were murdered in their squad car by a career criminal and apparent maniac named Ismaaiyl Brinsley. In response, and at the encouragement of television hucksters like Joe Scarborough, police union blowhards like Patrick Lynch, political zombies like George Pataki, and comical fascists like Rudolph Giuliani, the NYPD is acting in open rebellion against Mayor Bill de Blasio of New York, and the civil power he represents over them. This is an incredibly perilous time for democracy at the most basic levels.

(And we should keep the banal red-blue, right-left kabuki of our politics largely out of the discussion, if we can. Yes, it is confounding to hear it argued that rightwing cop killers are always "lone wolves," but that Brinsley took his marching orders from Al Sharpton. And, yes, any time people try to tie clinic bombers and doctor-killers to the more "respectable" anti-choice movements, we get howls of outraged innocence. This latest episode is replete with hypocrisy, but that's the least dangerous thing about it.)

It is very simple. If the CIA is insubordinate to the president, whom the country elected, then it is insubordinate to all of us. If the NYPD runs a slow-motion coup against the freely elected mayor of New York, then it is running a slow-motion coup against all the people of New York. There is no exemption from this fundamental truth about the way this country and its system is supposed to work. The military -- and its civilian analogues in Langley and in the precinct houses -- always is subordinate to the civil power which, no matter how much it may chafe them, means that they always are subordinate to politicians. If we render our torturers superior to the political institutions of the government, and if we render the police superior to the civil power of elected officials, then we essentially have empowered independent standing armies to conduct our wars and enforce our laws, and self-government descends into bloody farce.

But, alas, in the past few weeks, we have shown ourselves to be relatively at peace with that very thing -- as long as the torture is done in the prisons overseas and the judicial killing is done in the streets of the ghetto, and as long as our fear of some omnipotent Other is what drives our politics. In turn, and in its mind, the country has now turned peaceful mass protest into some sort of violent revolution, and it has converted the murderous rage of a criminal lunatic into the ultimate expression of the cries for justice that have been heard in the last month in Ferguson, and Cleveland, and on Staten Island. It is a deeply noxious perversion of reality, and it has been working like a charm. Very soon, the names of Michael Brown and Tamir Rice and Eric Garner will be as unknown to our national dialogue again as are the names of those faceless, bartered souls who languished in shackles in Poland and in Thailand. The last thing to go to the waterboard is the tattered remnant of what we thought ourselves to be.

UPDATE -- Thanks to Jack Holmes for correcting the holidaze oversight on Mr. Jefferson's long train of abuses and usurpations.