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.

Challenging the Divine Right of Big Energy

By Rebbeca Solnit, TomDispatch

23 December 14

t was the most thrilling bureaucratic document I’ve ever seen for just one reason: it was dated the 21st day of the month of Thermidor in the Year Six. Written in sepia ink on heavy paper, it recorded an ordinary land auction in France in what we would call the late summer of 1798. But the extraordinary date signaled that it was created when the French Revolution was still the overarching reality of everyday life and such fundamentals as the distribution of power and the nature of government had been reborn in astonishing ways. The new calendar that renamed 1792 as Year One had, after all, been created to start society all over again.

In that little junk shop on a quiet street in San Francisco, I held a relic from one of the great upheavals of the last millennium. It made me think of a remarkable statement the great feminist fantasy writer Ursula K. Le Guin had made only a few weeks earlier. In the course of a speech she gave while accepting a book award she noted, “We live in capitalism. Its power seems inescapable. So did the divine right of kings. Any human power can be resisted and changed by human beings.”

That document I held was written only a few years after the French had gotten over the idea that the divine right of kings was an inescapable reality. The revolutionaries had executed their king for his crimes and were then trying out other forms of government. It’s popular to say that the experiment failed, but that’s too narrow an interpretation. France never again regressed to an absolutist monarchy and its experiments inspired other liberatory movements around the world (while terrifying monarchs and aristocrats everywhere).

Americans are skilled at that combination of complacency and despair that assumes things cannot change and that we, the people, do not have the power to change them. Yet you have to be abysmally ignorant of history, as well as of current events, not to see that our country and our world have always been changing, are in the midst of great and terrible changes, and are occasionally changed through the power of the popular will and idealistic movements. As it happens, the planet’s changing climate now demands that we summon up the energy to leave behind the Age of Fossil Fuel (and maybe with it some portion of the Age of Capitalism as well).

How to Topple a Giant

To use Le Guin’s language, physics is inevitable: if you put more carbon dioxide into the atmosphere, the planet warms, and as the planet warms, various kinds of chaos and ruin are let loose. Politics, on the other hand, is not inevitable. For example, not so many years ago it would have seemed inevitable that Chevron, currently the third biggest corporation in the country, would run the refinery town of Richmond, California, as its own private fiefdom. You could say that the divine right of Chevron seemed like a given. Except that people in Richmond refused to accept it and so this town of 107,000 mostly poor nonwhites pushed back.

In recent years, a group of progressives won election to the city council and the mayor’s seat, despite huge expenditures by Chevron, the corporation that also brought you gigantic oil spills onshore in Ecuador and offshore in Brazil, massive contamination from half a century of oil extraction in Nigeria, and Canadian tar-sands bitumen sent by rail to the Richmond refinery. Mayor Gayle McLaughin and her cohorts organized a little revolution in a town that had mostly been famous for its crime rate and for Chevron’s toxic refinery emissions, which periodically create emergencies, sometimes requiring everyone to take shelter (and pretend that they are not being poisoned indoors), sometimes said -- by Chevron -- to be harmless, as with last Thursday's flames that lit up the sky, visible as far away as Oakland.

As McLaughin put it of her era as mayor:

“We’ve accomplished so much, including breathing better air, reducing the pollution, and building a cleaner environment and cleaner jobs, and reducing our crime rate. Our homicide number is the lowest in 33 years and we became a leading city in the Bay Area for solar installed per capita. We’re a sanctuary city. And we’re defending our homeowners to prevent foreclosures and evictions. And we also got Chevron to pay $114 million extra dollars in taxes.”

For this November’s election, the second-largest oil company on Earth officially spent $3.1 million to defeat McLaughin and other progressive candidates and install a mayor and council more to its liking. That sum worked out to about $180 per Richmond voter, but my brother David, who’s long been connected to Richmond politics, points out that, if you look at all the other ways the company spends to influence local politics, it might be roughly ten times that.

Nonetheless, Chevron lost. None of its candidates were elected and all the grassroots progressives it fought with billboards, mailers, television ads, websites, and everything else a lavishly funded smear campaign can come up with, won.

If a small coalition like that can win locally against a corporation that had revenues of $228.9 billion in 2013, imagine what a large global coalition could do against the fossil-fuel giants. It wasn’t easy in Richmond and it won’t be easy on the largest scale either, but it’s not impossible. The Richmond progressives won by imagining that the status quo was not inevitable, no less an eternal way of life. They showed up to do the work to dent that inevitability. The billionaires and fossil fuel corporations are intensely engaged in politics all the time, everywhere, and they count on us to stay on the sidelines. If you look at their response to various movements, you can see that they fear the moment we wake up, show up, and exercise our power to counter theirs.

That power operated on a larger scale last week, when local activists and public health professionals applied sufficient pressure to get New York Governor Andrew Cuomo to sign legislation banning fracking statewide. Until the news broke on December 17th, the outcome had seemed uncertain. It’s a landmark, a watershed decision: a state has decided that its considerable reserves of fossil fuel will not be extracted for the foreseeable future, that other things -- the health of its people, the purity of its water -- matter more. And once again, the power of citizens turned out to be greater than that of industry.

Just a few days before the huge victory in New York, the nations of the world ended their most recent talks in Lima, Peru, about a global climate treaty -- and they actually reached a tentative deal, one that for the first time asks all nations, not just the developed ones, to reduce emissions. The agreement has to get better -- to do more, demand more of every nation -- by the global climate summit in Paris in December of 2015.

It’s hard to see how we’ll get there from here, but easy to see that activists and citizens will have to push their nations hard. We need to end the age of fossil fuels the way the French ended the age of absolute monarchy. As New York State and the town of Richmond just demonstrated, what is possible has been changing rapidly.

Three Kinds of Hero

If you look at innovations in renewable energy technologies -- and this may be an era in which engineers are our unsung heroes -- the future seems tremendously exciting. Not long ago, the climate movement was only hoping against hope that technology could help save us from the depredations of climate change. Now, as one of the six great banners carried in the 400,000-strong September 21st climate march in New York City proclaimed, “We have the solutions.” Wind, solar, and other technologies are spreading rapidly with better designs, lower costs, and many extraordinary improvements that are undoubtedly but a taste of what’s still to come.

In parts of the United States and the world, clean energy is actually becoming cheaper than fossil fuels. The price of oil has suddenly plunged, scrambling the situation for a while, but with one positive side benefit: it’s pushed some of the filthier carbon-intensive, cutting-edge energy extraction schemes below the cost-effective point for now.

The costs of clean energy technology have themselves been dropping significantly enough that sober financial advisers like the head of the Bank of England are beginning to suggest that fossil fuels and centralized conventional power plants may prove to be bad investments. They are also talking about “the carbon bubble” (a sign that the divestment movement has worked in calling attention to the practical as well as the moral problems of the industry). So the technology front is encouraging.

That’s the carrot for action; there’s also a stick.

If you look at the climate reports by the scientists -- and scientists are another set of heroes for our time -- the news only keeps getting scarier. You probably already know the highlights: chaotic weather, regular records set for warmth on land and at sea (and 2014 heading for an all-time heat high), 355 months in a row of above-average temperatures, more ice melting faster, more ocean acidification, the “sixth extinction,” the spread of tropical diseases, drops in food productivity with consequent famines.

So many people don’t understand what we’re up against, because they don’t think about the Earth and its systems much or they don’t grasp the delicate, intricate reciprocities and counterbalances that keep it all running as well as it has since the last ice age ended and an abundant, calm planet emerged. For most of us, none of that is real or vivid or visceral or even visible.

For a great many scientists whose fields have something to do with climate, it is. In many cases they’re scared, as well as sad and unnerved, and they’re clear about the urgency of taking action to limit how disastrously climate change impacts our species and the systems we depend upon.

Some non-scientists already assume that it’s too late to do anything, which -- as premature despair always does -- excuses us for doing nothing. Insiders, however, are generally convinced that what we do now matters tremendously, because the difference between the best- and worst-case scenarios is vast, and the future is not yet written.

After that huge climate march, I asked Jamie Henn, a cofounder of and communications director for 350.org, how he viewed this moment and he replied, “Everything’s coming together while everything’s falling apart,” a perfect summary of the way heartening news about alternative energy and the growth of climate activism exists in the shadow of those terrible scientific reports. This brings us to our third group of heroes, who fall into the one climate category that doesn’t require special qualifications: activists.

New technologies are only solutions if they’re implemented and the old carbon-emitting ones are phased out or shut down. It’s clear enough that the great majority of fossil fuel reserves must be kept just where they are -- in the ground -- as we move away from the Age of Petroleum. That became all too obvious thanks to a relatively recent calculation made by scientists and publicized and pushed by activists (and maybe made conceivable by engineers designing replacement systems). The goal of all this: to keep the warming of the planet to 2 degrees Celsius (3.5 degrees Fahrenheit), a target established years ago that alarmed scientists are now questioning, given the harm that nearly 1 degree Celsius of warming is already doing.

Dismantling the fossil-fuel economy would undoubtedly have the side effect of breaking some of the warping power that oil has had in global and national politics. Of course, those wielding that power will not yield it without a ferocious battle -- the very battle the climate movement is already engaged in on many fronts, from the divestment movement to the fight against fracking to the endeavor to stop the Keystone XL pipeline and others like it from delivering the products of the Alberta tar sands to the successful movement to shut down coal-fired power plants in the U.S. and prevent others from being built.

Climate Activism: Global and Local Movements

If everyone who’s passionate about climate change, who gets that we’re living in a moment in which the fate of the Earth and of humanity is actually being decided, found their place in the movement, amazing things could happen. What’s happening now is already remarkable enough, just not yet adequate to the crisis.

The divestment movement that arose a couple of years ago to get institutions to unload their stocks in fossil fuel corporations started modestly. It is now active on hundreds of college campuses and at other institutions around the world. While the intransigence or love of inertia of bureaucracies is a remarkable force, there have been notable victories. In late September, for instance, the Rockefeller Brothers Fund -- made fat upon the wealth of John D. Rockefeller’s founding role in the rise of the petroleum industry -- pledged to divest its $860 million in assets from fossil fuels. It is just one of more than 800 institutions, including church denominations, universities, cities, pension funds, and foundations from Scotland to New Zealand to Seattle, that have already committed to doing so.

The Keystone pipeline could have been up and running years ago, delivering the dirtiest energy from Alberta, Canada, to the U.S. Gulf Coast with little fanfare, had activists not taken it on. It has become a profoundly public, hotly debated issue, the subject of demonstrations at dozens of presidential appearances in recent years -- and in the course of this ruckus, a great many people (including me) were clued in to the existence of the giant suppurating sore of sludge, bitumen, and poison lakes that is the Alberta tar sands.

Canadian activists have done a similarly effective job of blocking other pipelines to keep this landlocked stuff from reaching any coast for export.  One upshot of this: quite a lot of the stuff is now being put on trains (with disastrous results when they crash and, in the longer term, no less disastrous outcomes when they don't). This exceptionally dirty crude oil leaves behind extremely high levels of toxins in the mining as well as the refining process.

As the Wall Street Journal recently reported:

“The Keystone XL pipeline was touted as a model for energy independence and a source of jobs when TransCanada Corp. announced plans to build the 1,700-mile pipeline six years ago. But the crude-oil pipeline's political and regulatory snarls since then have emboldened resistance to at least 10 other pipeline projects across North America. As a result, six oil and natural-gas pipeline projects in North America costing a proposed $15 billion or more and stretching more than 3,400 miles have been delayed, a tally by the Wall Street Journal shows. At least four other projects with a total investment of $25 billion and more than 5,100 miles in length are facing opposition but haven't been delayed yet.”

The climate movement has proved to be bigger and more effective than it looks, because most people don’t see a single movement. If they look hard, what they usually see is a wildly diverse mix of groups facing global issues on the one hand and a host of local ones on the other. Domestically, that can mean Denton, Texas, banning fracking in the November election or the shutting down of coal-powered plants across the country, or the movement gearing up in California for an immense anti-fracking demonstration on February 7, 2015.

It can mean people working on college divestment campaigns or rewriting state laws to address climate change by implementing efficiency and clean energy. It can mean the British Columbian activists who, for now, have prevented a tunnel from being drilled for a tar-sands pipeline to the Pacific Coast thanks to a months-long encampment, civil disobedience, and many arrests at Burnaby Mountain near Vancouver. One of the arrested wrote in the Vancouver Observer:

“Sitting in that jail cell, I felt a weight lift from my shoulders. One that I was only partially aware that I have been carrying for years now. I am ashamed by Canada’s withdrawal from the Kyoto Treaty and our increasingly contemptible position on climate change. If these are the values of our society then I want to be an outlaw in that society.”

Making the Future

Just before that September climate march in New York, I began to contemplate how human beings a century from now will view those of us who lived in the era when climate change was recognized, and yet there was so much more that we could have done. They may feel utter contempt for us. They may regard us as the crew who squandered their inheritance, like drunkards gambling away a family fortune that, in this case, is everyone’s everywhere and everything. I’m talking, of course, about the natural world itself when it was in good working order. They will see us as people who fiddled while everything burned.

They will think we were insane to worry about celebrities and fleeting political scandals and whether we had nice bodies. They will think the newspapers should have had a gigantic black box above the fold of the front page every day saying “Here are some stories about other things, BUT CLIMATE IS STILL THE BIGGEST STORY OF ALL.”

They will think that we should have thrown our bodies in front of the engines of destruction everywhere, raised our voices to the heavens, halted everything until the devastation stopped. They will bless and praise the few and curse the many.

There have been heroic climate activists in nearly every country on the planet, and some remarkable things have already been achieved. The movement has grown in size, power, and sophistication, but it’s still nowhere near commensurate with what needs to be done. In the lead-up to the U.N.-sponsored conference to create a global climate treaty in Paris next December, this coming year will likely be decisive.

So this is the time to find your place in a growing movement, if you haven’t yet -- as it is for climate organizers to do better at reaching out and offering everyone a part in the transformation, whether it’s the housebound person who writes letters or the 20-year-old who’s ready for direct action in remote places. This is the biggest of pictures, so there’s a role for everyone, and it should be everyone’s most important work right now, even though so many other important matters press on all of us. (As the Philippines’s charismatic former climate negotiator Yeb Sano notes, “Climate change impinges on almost all human rights. Human rights are at the core of this issue.”)

Many people believe that personal acts in private life are what matters in this crisis. They are good things, but not the key thing. It’s great to bicycle rather than drive, eat plants instead of animals, and put solar panels on your roof, but such gestures can also offer a false sense that you’re not part of the problem.

You are not just a consumer. You are a citizen of this Earth and your responsibility is not private but public, not individual but social. If you are a resident of a country that is a major carbon emitter, as is nearly everyone in the English-speaking world, you are part of the system, and nothing less than systemic change will save us.

The race is on. From an ecological standpoint, the scientists advise us that we still have a little bit of time in which it might be possible, by a swift, decisive move away from fossil fuels, to limit the damage we’re setting up for those who live in the future. From a political standpoint, we have a year until the Paris climate summit, at which, after endless foot-shuffling and evading and blocking and stalling and sighing, we could finally, decades in, get a meaningful climate deal between the world’s nations.

We actually have a chance, a friend who was at the Lima preliminary round earlier this month told me, if we all continue to push our governments ferociously. The real pressure for change globally comes more from within nations than from nations pressuring one another. Here in the United States, long the world’s biggest carbon-emitter (until China outstripped us, partly by becoming the manufacturer of a significant percentage of our products), we have a particular responsibility to push hard. Pressure works. The president is clearly feeling it, and it’s reflected in the recent U.S.-China agreement on curtailing emissions -- far from perfect or adequate, but a huge step forward.

How will we get to where we need to be? No one knows, but we do know that we must keep moving in the direction of reduced carbon emissions, a transformed energy economy, an escape from the tyranny of fossil fuel, and a vision of a world in which everything is connected. The story of this coming year is ours to write and it could be a story of Year One in the climate revolution, of the watershed when popular resistance changed the fundamentals as much as the people of France changed their world (and ours) more than 200 ago.

Two hundred years hence, may someone somewhere hold in their hands a document from 2021, in wonder, because it was written during Year Six of the climate revolution, when all the old inevitabilities were finally being swept aside, when we seized hold of possibility and made it ours. “Any human power can be resisted and changed by human beings,” says Ursula K. Le Guin. And she’s right, even if it’s the hardest work we could ever do. Now, everything depends on it.