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Nancy Pelosi Admits That Congress Is Frightened of the CIA Print
Sunday, 23 March 2014 13:15

Cole writes: "The intelligence community has lied repeatedly, has withheld documents and is generally nonresponsive to oversight attempts by Congress."

House Minority Leader Nancy Pelosi. (photo: Susan Walsh/AP)
House Minority Leader Nancy Pelosi. (photo: Susan Walsh/AP)


Nancy Pelosi Admits That Congress Is Frightened of the CIA

By Juan Cole, Informed Comment

23 March 14

 

ver the past few months, one thing we keep hearing over and over again from defenders of the intelligence community is that everything is under control and "legal" because Congress has powerful oversight. We've shown, repeatedly, how that's something of a joke. The intelligence community has lied repeatedly, has withheld documents and is generally nonresponsive to oversight attempts by Congress. And, with the reports that the CIA spied on the Senate Intelligence Committee, we also find out that for all the bluster and talk of oversight, folks in Congress are actually scared by the intelligence community.

In response to Senator Dianne Feinstein's speech last week calling out the CIA for spying on her staffers, Rep. Nancy Pelosi was asked to comment and gave what might be the most revealing comments to date as to why Congress is so scared of the CIA:

“I salute Sen. Feinstein,” Pelosi said at her weekly news conference of the chairwoman of the Senate Intelligence Committee. “I’ll tell you, you take on the intelligence community, you’re a person of courage, and she does not do that lightly. Not without evidence, and when I say evidence, documentation of what it is that she is putting forth.”

Pelosi added that she has always fought for checks and balances on CIA activity and its interactions with Congress: “You don’t fight it without a price because they come after you and they don’t always tell the truth.

A few months back, the ACLU had posted something questioning whether or not the intelligence community might be blackmailing Congress. And, quite frequently when we write about the intelligence community, we see suggestions in the comments that certain politicians probably cover for the NSA and CIA because they know what those agencies "have on them." I've always dismissed those kinds of claims as being a bit far-fetched, even if they have plenty of historical precedent. So far, there's certainly been no direct evidence of that happening.

And yet... Pelosi's comments certainly seem to hint at even more nefarious activity by the intelligence community against politicians who dare to actually do the job of oversight. The point of that ACLU post linked above is that, even if it's not happening, the fact that we can't definitively rule it out is a serious problem for democracy. And just the fact that some of the most powerful members of Congress, who are theoretically in charge of oversight, are now publicly admitting that they're scared of how the CIA fights back when they take them on, suggests that the intelligence community really is rotten to the core. And Congressional oversight, as it stands today, is clearly not able to deal with the issue by itself.


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FOCUS | Some Facts About How NSA Stories Are Reported Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=29455"><span class="small">Glenn Greenwald, The Intercept</span></a>   
Sunday, 23 March 2014 12:16

Greenwald writes: "Echoing the script of national security state officials, these journalists argue that these revelations are unjustified, even treasonous, because this is the type of spying the NSA should be doing, and disclosure serves no public interest while harming American national security, etc. etc."

The New York Times building. (photo: Ramin Talaie/Getty Images)
The New York Times building. (photo: Ramin Talaie/Getty Images)


Some Facts About How NSA Stories Are Reported

By Glenn Greenwald, The Intercept

23 March 14

 

everal members of the august “US Journalists Against Transparency” club are outraged by revelations in yesterday’s New York Times (jointly published by der Spiegel) that the NSA has been hacking the products of the Chinese tech company Huawei as well as Huawei itself at exactly the same time (and in exactly the same way) as the US Government has been claiming the Chinese government hacks. Echoing the script of national security state officials, these journalists argue that these revelations are unjustified, even treasonous, because this is the type of spying the NSA should be doing, and disclosure serves no public interest while harming American national security, etc. etc.

True to form, however, these beacons of courage refuse to malign the parties that actually made the choice to publish these revelations – namely, the reporters and editors of the New York Times – and instead use it to advance their relentless attack on Edward Snowden. To these journalists, there are few worse sins than “stealing” the secrets of the US government and leaking them to the press (just as was true in the WikiLeaks case, one must congratulate the US Government on its outstanding propaganda feat of getting its journalists to lead the war on those who bring transparency to the nation’s most powerful factions). But beyond the abject spectacle of anti-transparency journalists, these claims are often based on factually false assumptions about how these stories are reported, making it worthwhile once again to underscore some of the key facts governing this process:

(1) Edward Snowden has not leaked a single document to any journalist since he left Hong Kong in June: 9 months ago. Back then, he provided a set of documents to several journalists and asked that we make careful judgments about what should and should not be published based on several criteria. He has played no role since then in deciding which documents are or are not reported. Those decisions are made entirely by media outlets that are in possession of those documents. Thus, calling a new NSA story “Snowden’s latest leak” or asking “why would Snowden decide to publish this now?” – as though he’s doling out documents one by one or deciding which documents should be published – is misleading in the extreme: those decisions are made exclusively by the journalists and editors of those news outlets.

(2) Publication of an NSA story constitutes an editorial judgment by the media outlet that the information should be public. By publishing yesterday’s Huawei story, the NYT obviously made the editorial judgment that these revelations are both newsworthy and in the public interest, should be disclosed, and will not unduly harm “American national security.” For reasons I explain below, I agree with that choice. But if you disagree – if you want to argue that this (or any other) NSA story is reckless, dangerous, treasonous or whatever – then have the courage to take it up with the people who reached the opposite conclusion: in this case, the editors and reporters of the NYT (indeed, as former DOJ official Jack Goldsmith observed, the NYT‘s Huawei story was “based on leaks other than the Snowden documents”). In most other cases where critics claim reckless disclosures, the decision to publish was made by the Washington Post. The judgment to which you’re objecting – that this information should be made public – was one made by those newspapers, not by Edward Snowden.

(3) Snowden has made repeatedly clear that he did not want all of the documents he provided to be published. When Snowden furnished documents to the journalists with whom he chose to work (which, just by the way, expressly did not include the NYT), he made clear that he did not believe all of those materials should be published. Obviously, if he wanted all of those documents published, he could have and would have just uploaded them to the internet himself; he wouldn’t have needed to work with journalists.

As he has said repeatedly, he wanted journalists – not himself – to make these decisions based on what is in the public interest and what can be disclosed without subjecting innocent people to harm. He was adamant that not all of the documents he provided were appropriate for publication, and was especially clear (at least to me) that certain categories of documents not be published (which is why those who demand that all documents be released are arguing, even though they won’t acknowledge it, that we should violate our agreement with our source, disregard Snowden’s conditions for furnishing the documents, and subject him to a wide range of risks he did not want to take). See here for just a few of the examples where Snowden’s wishes in this regard are made clear.

Critics like to pretend that this is some bizarre or unusual arrangement (why would he provide documents to journalists that he didn’t think should be published?) In fact, this happens all the time: sources come to journalists and say “this set of information I’m giving you is for publication, while this information is only for background use and this other information should stay off the record.” Many of the documents Snowden provided were necessary for background, context and understanding, but not ones he thought should be published (because they could endanger or malign innocent people, or create risks for those involved in the disclosures, or be used to demonize the revelations). Other documents involved close calls that he believed journalists were better suited to evaluate than himself.

He’s made repeatedly clear since then that he did not want all documents published, but rather wanted a case-by-case assessment made of each, with the ultimate decision to publish resting with journalists, not himself. Here’s how his legal representative, the ACLU’s Ben Wizner, recently described Snowden’s instructions to journalists:

You know, the number of documents that Edward Snowden has made available to the public is zero. What he did is give information to journalists, with the instruction that they and their editors, in consultation, where necessary, with government officials, decide what was in the public interest to publish, and to withhold information that would be harmful to publish. He wanted to create a protocol that would correct for his own biases. He was someone who had spent the last almost ten years in the intelligence community. He didn’t think that his own judgments — and he has very strong judgments about what should or should not be public — were adequate to this moment and wanted to make sure that the institutions that had the experience in doing this — and these are our newspapers, who have long experience competing with the government over access and control of secret information — that that be the way that the information got published. . . .

He didn’t want and didn’t think that he should have the responsibility to decide which of these documents should be public. He wanted to appeal to the traditions, the institutions, the expertise of the media in helping to make those important judgments. That’s what we want whistleblowers to do. We don’t want them to unilaterally substitute their judgment for everybody else’s. We want them to go through these institutions that funnel and that channel that and have longer experience in making these kinds of decisions.

As Time noted in a lengthy profile when naming him Person of the Year runner-up: “Snowden does not defend every story that has been written, but he says he tried to design his actions to ­ensure that he was not the ultimate arbiter of what should and should not become public. ‘There have of course been some stories where my calculation of what is not public interest differs from that of reporters, but it is for this precise reason that publication decisions were entrusted to journalists and their editors,’ he told Time.”

Now, obviously, anyone is free to agree or disagree with Snowden’s framework for how these materials be handled and reported. I personally think the process of government consultation is often used to suppress newsworthy information, though for the NSA stories I’ve worked on, government arguments to suppress information have been rejected in at least 99% of the cases; I also think non-traditional outlets such as WikiLeaks have done a superior job in many cases with reporting classified documents than government-loyal traditional outlets.

But what you shouldn’t feel free to do is ignore that this is the framework on which Snowden insisted. You shouldn’t demand that journalists violate their agreements with him (by publishing all the documents) unless you are willing to admit that this is what you’re advocating. And you definitely shouldn’t pretend that it’s Snowden, rather than these media outlets, who are making the choices about what gets published in order to demonize him for the latest disclosures you dislike while cowardly refusing to criticize the media outlets that actually made the choice to publish them.

If you want to argue that Snowden bears some responsibility as the leaker, go ahead. But don’t mislead people about who made the choice that this information ought to be published. It was the New York Times – not Snowden – that concluded that the public should know about the NSA’s hacking of Huawei, just as it was the Washington Post and not Snowden who decided to publish virtually all of the stories about which Fred Kaplan complained.

(4) The jingoistic view of what is “newsworthy” is baseless and warped. Somewhere along the way, this idea arose that the only “legitimate” disclosures involve ones showing violations of the rights of American citizens. Anything else, this reasoning holds, is invalid, and because Snowden leaked documents that go beyond the violation of Americans’ rights, he is not a legitimate whistleblower.

Who created the uber-nationalistic standard that the only valid disclosures are ones involving the rights of Americans? Are we are all supposed to regard non-Americans as irrelevant? Is the NSA’s bulk, suspicionless surveillance of the private communications of hundreds of millions of human beings inherently proper simply because its victims aren’t American citizens? Even more extreme: are American journalists (and whistleblowers like Snowden) supposed to keep the public ignorant of anything and everything the US Government does to people provided those people aren’t blessed with American citizenship? Do you condemn whoever leaked the existence of top secret CIA black sites to Dana Priest on the ground that it didn’t involve violations of the rights of Americans? It makes sense that US government officials view the world this way: their function is to advance the self-perceived interests of the US government, but that’s not the role of actual journalists or whistleblowers.

The public interest from the Huawei story is obvious. It demonstrates that the NSA has been doing exactly that which the US Government has spent years vocally complaining is being done by China. While the US has been telling the world that the Chinese government is spying on them through backdoors in Huawei products, it’s actually the NSA that has been doing that. It also yet again gives the lie to the claim that the NSA does not engage in economic espionage.

It shows massive deceit and hypocrisy by US officials: with their own citizens and to the world. DOJ official Jack Goldsmith, often a government and NSA defender, understood this point perfectly, writing yesterday thatThe Huawei revelations are devastating rebuttals to hypocritical U.S. complaints about Chinese penetration of U.S. networks, and also make USG protestations about not stealing intellectual property to help U.S. firms’ competitiveness seem like the self-serving hairsplitting that it is.

If you’re a US government official, or a devoted loyalist to the US government, then it makes sense that you’d be angry that has been revealed. Political officials always want their deceit to be concealed rather than exposed, while jingoistic government loyalists (even when they call themselves “journalists”) want the same thing. But if you’re an actual journalist, or a whistleblower with a conscience, or a citizen who would rather know the truth than be misled by your own government, then this is an easy call. Either way, though, the call in this case – to inform rather than suppress – was made by the reporters and editors of the media outlets which chose to publish this story, so anyone who is angry about it should direct their anger to them.

UPDATE: Brookings’ Ben Wittes responds to all of this at Lawfare by, first, agreeing with the main point that those who object to particular NSA stories should direct those criticisms to the newspapers which decide to publish them. But he disagrees that NSA surveillance of foreigners is newsworthy. He argues that “the United States—like all countries that apply law to espionage at all—treats spying domestically and on its own nationals as legally different from spying abroad” and that such disclosures are driven by “the press’s eagerness to expose lawful conduct deemed in the national interest by the democratically elected representatives of the people.”

But there is a huge difference between spying on what are generally regarded to be legitimate foreign targets (political and military officials of adversary governments) and collecting the private communications of entire populations en masse. It’s untenable to claim that bulk surveillance has been democratically ratified given that almost all Americans, even most members of Congress, were completely unaware that any of this was happening until we reported it. One can’t reasonably claim that a government program which almost nobody knew about has been democratically approved.

More to the point: mere legality is insufficient to shield a program from justifiable transparency; conversely, exposure of illegality is not the only form of valid reporting. Take the classic whistleblowing case of the Pentagon Papers: those documents really did not reveal illegality as much as they revealed government deceit, systematic lying to the American people about the Vietnam War. The fact that such official lying may have been legal hardly means that it should have remained concealed.

The fact is that American law imposes almost no restrictions on what the US Government is permitted to do to non-Americans, but that does not mean that all such conduct should be off-limits from media reporting just because it has been legalized. Drone strikes that kill innocent people are arguably legal because Congress has approved them, and are often concealed from the public through an abuse of secrecy rules: does that mean journalists should refrain from reporting them? After all, such reporting “exposes [arguably] lawful conduct deemed in the national interest by the democratically elected representatives of the people.”

Having the US government subject the entire world to a system of suspicionless collect-it-all surveillance goes far beyond what was known or expected or approved; it goes far beyond what is common. It has profound implications for all sorts of critical values. The fact that American law does not prohibit it does not remotely mean that citizens should be kept ignorant that it is happening. Independently, the notion that the US Government should be permitted by journalists to deceive its citizenry – by, for instance, pretending that it is China rather than itself engaging in this form of industrial espionage – simply because such deceit is “legal” is entirely noxious to the most basic tenets of what journalism should be.


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FOCUS | The Real Truth About ObamaCare Print
Sunday, 23 March 2014 10:17

Reich writes: "Despite the worst roll-out conceivable, the Affordable Care Act seems to be working."

Robert Reich. (photo: Getty Images)
Robert Reich. (photo: Getty Images)


The Real Truth About ObamaCare

By Robert Reich, Robert Reich's Blog

23 March 14

 

espite the worst roll-out conceivable, the Affordable Care Act seems to be working. With less than two weeks remaining before the March 31 deadline for coverage this year, five million people have already signed up. After decades of rising percentages of Americans’ lacking health insurance, the uninsured rate has dropped to its lowest levels since 2008.

Meanwhile, the rise in health care costs has slowed drastically. No one knows exactly why, but the new law may well be contributing to this slowdown by reducing Medicare overpayments to medical providers and private insurers, and creating incentives for hospitals and doctors to improve quality of care.

But a lot about the Affordable Care Act needs fixing — especially the widespread misinformation that continues to surround it. For example, a majority of business owners with fewer than 50 workers still think they’re required to offer insurance or pay a penalty. In fact, the law applies only to businesses with 50 or more employees who work more than 30 hours a week. And many companies with fewer than 25 workers still don’t realize that if they offer plans they can qualify for subsidies in the form of tax credits.

Many individuals remain confused and frightened. Forty-one percent of Americans who are still uninsured say they plan to remain that way. They believe it will be cheaper to pay a penalty than buy insurance. Many of these people are unaware of the subsidies available to them. Sign-ups have been particularly disappointing among Hispanics.

Some of this confusion has been deliberately sown by outside groups that, in the wake of the Supreme Court’s “Citizens United” decision, have been free to spend large amounts of money to undermine the law. For example, Gov. Rick Scott,  Republican of Florida, told Fox News that the Affordable Care Act was “the biggest job killer ever,” citing a Florida company with 20 employees that expected to go out of business because it couldn’t afford coverage.

None of this is beyond repair, though. As more Americans sign up and see the benefits, others will take note and do the same.

The biggest problem on the horizon that may be beyond repair — because it reflects a core feature of the law — is the public’s understandable reluctance to be forced to buy insurance from private, for-profit insurers that aren’t under enough competitive pressure to keep premiums low.

But even here, remedies could evolve. States might use their state-run exchanges to funnel so many applicants to a single, low-cost insurer that the insurer becomes, in effect, a single payer. Vermont is already moving in this direction. In this way, the Affordable Care Act could become a back door to a single-payer system — every conservative’s worst nightmare.


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The Week the World Stood Still Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=8486"><span class="small">Noam Chomsky, TomDispatch</span></a>   
Sunday, 23 March 2014 08:50

Chomsky writes: "Here was the oddest thing: within weeks of the United States dropping an atomic bomb on a second Japanese city on August 9, 1945, and so obliterating it, Americans were already immersed in new scenarios of nuclear destruction."

Noam Chomsky (photo: Graeme Robertson/Guardian UK)
Noam Chomsky (photo: Graeme Robertson/Guardian UK)


The Week the World Stood Still

By Noam Chomsky, TomDispatch

23 March 14

 

he world stood still 50 years ago during the last week of October, from the moment when it learned that the Soviet Union had placed nuclear-armed missiles in Cuba until the crisis was officially ended -- though unknown to the public, only officially.

The image of the world standing still is the turn of phrase of Sheldon Stern, former historian at the John F. Kennedy Presidential Library, who published the authoritative version of the tapes of the ExComm meetings where Kennedy and a close circle of advisers debated how to respond to the crisis. Those meetings were secretly recorded by the president, which might bear on the fact that his stand throughout the recorded sessions is relatively temperate compared to other participants, who were unaware that they were speaking to history.

Stern has just published an accessible and accurate review of this critically important documentary record, finally declassified in the late 1990s. I will keep to that here. “Never before or since,” he concludes, “has the survival of human civilization been at stake in a few short weeks of dangerous deliberations,” culminating in “the week the world stood still.”

There was good reason for the global concern. A nuclear war was all too imminent, a war that might “destroy the Northern Hemisphere,” President Dwight Eisenhower had warned. Kennedy’s own judgment was that the probability of war might have been as high as 50%. Estimates became higher as the confrontation reached its peak and the “secret doomsday plan to ensure the survival of the government was put into effect” in Washington, as described by journalist Michael Dobbs in his well-researched bestseller on the crisis (though he doesn’t explain why there would be much point in doing so, given the likely nature of nuclear war).

Dobbs quotes Dino Brugioni, “a key member of the CIA team monitoring the Soviet missile buildup,” who saw no way out except “war and complete destruction” as the clock moved to “one minute to midnight,” the title of his book. Kennedy’s close associate, historian Arthur Schlesinger, described the events as “the most dangerous moment in human history.” Defense Secretary Robert McNamara wondered aloud whether he “would live to see another Saturday night,” and later recognized that “we lucked out” -- barely.

“The Most Dangerous Moment”

A closer look at what took place adds grim overtones to these judgments, with reverberations to the present moment.

There are several candidates for “the most dangerous moment.” One is October 27th, when U.S. destroyers enforcing a quarantine around Cuba were dropping depth charges on Soviet submarines. According to Soviet accounts, reported by the National Security Archive, submarine commanders were “rattled enough to talk about firing nuclear torpedoes, whose 15 kiloton explosive yields approximated the bomb that devastated Hiroshima in August 1945.”

In one case, a reported decision to assemble a nuclear torpedo for battle readiness was aborted at the last minute by Second Captain Vasili Arkhipov, who may have saved the world from nuclear disaster. There is little doubt what the U.S. reaction would have been had the torpedo been fired, or how the Russians would have responded as their country was going up in smoke.

Kennedy had already declared the highest nuclear alert short of launch (DEFCON 2), which authorized “NATO aircraft with Turkish pilots ... [or others] ... to take off, fly to Moscow, and drop a bomb,” according to the well-informed Harvard University strategic analyst Graham Allison, writing in the major establishment journal Foreign Affairs.

Another candidate is October 26th. That day has been selected as “the most dangerous moment” by B-52 pilot Major Don Clawson, who piloted one of those NATO aircraft and provides a hair-raising description of details of the Chrome Dome (CD) missions during the crisis -- “B-52s on airborne alert” with nuclear weapons “on board and ready to use.”

October 26th was the day when “the nation was closest to nuclear war,” he writes in his “irreverent anecdotes of an Air Force pilot,” Is That Something the Crew Should Know? On that day, Clawson himself was in a good position to set off a likely terminal cataclysm. He concludes, “We were damned lucky we didn’t blow up the world -- and no thanks to the political or military leadership of this country.”

The errors, confusions, near-accidents, and miscomprehension of the leadership that Clawson reports are startling enough, but nothing like the operative command-and-control rules -- or lack of them. As Clawson recounts his experiences during the 15 24-hour CD missions he flew, the maximum possible, the official commanders “did not possess the capability to prevent a rogue-crew or crew-member from arming and releasing their thermonuclear weapons,” or even from broadcasting a mission that would have sent off “the entire Airborne Alert force without possibility of recall.” Once the crew was airborne carrying thermonuclear weapons, he writes, “it would have been possible to arm and drop them all with no further input from the ground. There was no inhibitor on any of the systems.”

About one-third of the total force was in the air, according to General David Burchinal, director of plans on the Air Staff at Air Force Headquarters. The Strategic Air Command (SAC), technically in charge, appears to have had little control. And according to Clawson’s account, the civilian National Command Authority was kept in the dark by SAC, which means that the ExComm “deciders” pondering the fate of the world knew even less. General Burchinal’s oral history is no less hair-raising, and reveals even greater contempt for the civilian command. According to him, Russian capitulation was never in doubt. The CD operations were designed to make it crystal clear to the Russians that they were hardly even competing in the military confrontation, and could quickly have been destroyed.

From the ExComm records, Stern concludes that, on October 26th, President Kennedy was “leaning towards military action to eliminate the missiles” in Cuba, to be followed by invasion, according to Pentagon plans. It was evident then that the act might have led to terminal war, a conclusion fortified by much later revelations that tactical nuclear weapons had been deployed and that Russian forces were far greater than U.S. intelligence had reported.

As the ExComm meetings were drawing to a close at 6 p.m. on the 26th, a letter arrived from Soviet Prime Minister Nikita Khrushchev, sent directly to President Kennedy. His “message seemed clear,” Stern writes: “the missiles would be removed if the U.S. promised not to invade Cuba.”

The next day, at 10 am, the president again turned on the secret tape. He read aloud a wire service report that had just been handed to him: “Premier Khrushchev told President Kennedy in a message today he would withdraw offensive weapons from Cuba if the United States withdrew its rockets from Turkey” -- Jupiter missiles with nuclear warheads. The report was soon authenticated.

Though received by the committee as an unexpected bolt from the blue, it had actually been anticipated: “we’ve known this might be coming for a week,” Kennedy informed them. To refuse public acquiescence would be difficult, he realized. These were obsolete missiles, already slated for withdrawal, soon to be replaced by far more lethal and effectively invulnerable Polaris submarines. Kennedy recognized that he would be in an “insupportable position if this becomes [Khrushchev’s] proposal,” both because the Turkish missiles were useless and were being withdrawn anyway, and because “it’s gonna -- to any man at the United Nations or any other rational man, it will look like a very fair trade.”

Keeping U.S. Power Unrestrained

The planners therefore faced a serious dilemma. They had in hand two somewhat different proposals from Khrushchev to end the threat of catastrophic war, and each would seem to any “rational man” to be a fair trade. How then to react?

One possibility would have been to breathe a sigh of relief that civilization could survive and to eagerly accept both offers; to announce that the U.S. would adhere to international law and remove any threat to invade Cuba; and to carry forward the withdrawal of the obsolete missiles in Turkey, proceeding as planned to upgrade the nuclear threat against the Soviet Union to a far greater one -- only part, of course, of the global encirclement of Russia. But that was unthinkable.

The basic reason why no such thought could be contemplated was spelled out by National Security Adviser McGeorge Bundy, former Harvard dean and reputedly the brightest star in the Camelot firmament. The world, he insisted, must come to understand that “[t]he current threat to peace is not in Turkey, it is in Cuba,” where missiles were directed against the U.S. A vastly more powerful U.S. missile force trained on the much weaker and more vulnerable Soviet enemy could not possibly be regarded as a threat to peace, because we are Good, as a great many people in the Western hemisphere and beyond could testify -- among numerous others, the victims of the ongoing terrorist war that the U.S. was then waging against Cuba, or those swept up in the “campaign of hatred” in the Arab world that so puzzled Eisenhower, though not the National Security Council, which explained it clearly.

Of course, the idea that the U.S. should be restrained by international law was too ridiculous to merit consideration. As explained recently by the respected left-liberal commentator Matthew Yglesias, “one of the main functions of the international institutional order is precisely to legitimate the use of deadly military force by western powers” -- meaning the U.S. -- so that it is “amazingly naïve,” indeed quite “silly,” to suggest that it should obey international law or other conditions that we impose on the powerless. This was a frank and welcome exposition of operative assumptions, reflexively taken for granted by the ExComm assemblage.

In subsequent colloquy, the president stressed that we would be “in a bad position” if we chose to set off an international conflagration by rejecting proposals that would seem quite reasonable to survivors (if any cared). This “pragmatic” stance was about as far as moral considerations could reach.

In a review of recently released documents on Kennedy-era terror, Harvard University Latin Americanist Jorge Domínguez observes, “Only once in these nearly thousand pages of documentation did a U.S. official raise something that resembled a faint moral objection to U.S.-government sponsored terrorism”: a member of the National Security Council staff suggested that raids that are “haphazard and kill innocents... might mean a bad press in some friendly countries.”

The same attitudes prevailed throughout the internal discussions during the missile crisis, as when Robert Kennedy warned that a full-scale invasion of Cuba would “kill an awful lot of people, and we’re going to take an awful lot of heat on it.” And they prevail to the present, with only the rarest of exceptions, as easily documented.

We might have been “in even a worse position” if the world had known more about what the U.S. was doing at the time. Only recently was it learned that, six months earlier, the U.S. had secretly deployed missiles in Okinawa virtually identical to those the Russians would send to Cuba. These were surely aimed at China at a moment of elevated regional tensions. To this day, Okinawa remains a major offensive U.S. military base over the bitter objections of its inhabitants who, right now, are less than enthusiastic about the dispatch of accident-prone V-22 Osprey helicopters to the Futenma military base, located at the heart of a heavily populated urban center.

An Indecent Disrespect for the Opinions of Humankind

The deliberations that followed are revealing, but I will put them aside here. They did reach a conclusion. The U.S. pledged to withdraw the obsolete missiles from Turkey, but would not do so publicly or put the offer in writing: it was important that Khrushchev be seen to capitulate. An interesting reason was offered, and is accepted as reasonable by scholarship and commentary. As Dobbs puts it, “If it appeared that the United States was dismantling the missile bases unilaterally, under pressure from the Soviet Union, the [NATO] alliance might crack” -- or to rephrase a little more accurately, if the U.S. replaced useless missiles with a far more lethal threat, as already planned, in a trade with Russia that any “rational man” would regard as very fair, then the NATO alliance might crack.

To be sure, when Russia withdrew Cuba’s only deterrent against an ongoing U.S. attack -- with a severe threat to proceed to direct invasion still in the air -- and quietly departed from the scene, the Cubans would be infuriated (as, in fact, they understandably were). But that is an unfair comparison for the standard reasons: we are human beings who matter, while they are merely “unpeople,” to adapt George Orwell’s useful phrase.

Kennedy also made an informal pledge not to invade Cuba, but with conditions: not just the withdrawal of the missiles, but also termination, or at least “a great lessening,” of any Russian military presence. (Unlike Turkey, on Russia’s borders, where nothing of the kind could be contemplated.) When Cuba is no longer an “armed camp,” then “we probably wouldn’t invade,” in the president’s words. He added that, if it hoped to be free from the threat of U.S. invasion, Cuba must end its “political subversion” (Stern’s phrase) in Latin America. "Political subversion” had been a constant theme for years, invoked for example when Eisenhower overthrew the parliamentary government of Guatemala and plunged that tortured country into an abyss from which it has yet to emerge. And these themes remained alive and well right through Ronald Reagan’s vicious terror wars in Central America in the 1980s. Cuba’s “political subversion” consisted of support for those resisting the murderous assaults of the U.S. and its client regimes, and sometimes even perhaps -- horror of horrors -- providing arms to the victims.

The usage is standard. Thus, in 1955, the Joint Chiefs of Staff had outlined “three basic forms of aggression.” The first was armed attack across a border, that is, aggression as defined in international law. The second was “overt armed attack from within the area of each of the sovereign states,” as when guerrilla forces undertake armed resistance against a regime backed or imposed by Washington, though not of course when “freedom fighters” resist an official enemy. The third: “Aggression other than armed, i.e., political warfare, or subversion.” The primary example at the time was South Vietnam, where the United States was defending a free people from “internal aggression,” as Kennedy’s U.N. Ambassador Adlai Stevenson explained -- from “an assault from within” in the president’s words.

Though these assumptions are so deeply embedded in prevailing doctrine as to be virtually invisible, they are occasionally articulated in the internal record. In the case of Cuba, the State Department Policy Planning Council explained that “the primary danger we face in Castro is… in the impact the very existence of his regime has upon the leftist movement in many Latin American countries… The simple fact is that Castro represents a successful defiance of the US, a negation of our whole hemispheric policy of almost a century and a half,” since the Monroe Doctrine announced Washington’s intention, then unrealizable, to dominate the Western hemisphere.

Not the Russians of that moment then, but rather the right to dominate, a leading principle of foreign policy found almost everywhere, though typically concealed in defensive terms: during the Cold War years, routinely by invoking the “Russian threat,” even when Russians were nowhere in sight. An example of great contemporary import is revealed in Iran scholar Ervand Abrahamian’s important upcoming book of the U.S.-U.K. coup that overthrew the parliamentary regime of Iran in 1953. With scrupulous examination of internal records, he shows convincingly that standard accounts cannot be sustained. The primary causes were not Cold War concerns, nor Iranian irrationality that undermined Washington's “benign intentions,” nor even access to oil or profits, but rather the way the U.S. demand for “overall controls” -- with its broader implications for global dominance -- was threatened by independent nationalism.

That is what we discover over and over by investigating particular cases, including Cuba (not surprisingly) though the fanaticism in that particular case might merit examination. U.S. policy towards Cuba is harshly condemned throughout Latin America and indeed most of the world, but “a decent respect for the opinions of mankind” is understood to be meaningless rhetoric intoned mindlessly on July 4th. Ever since polls have been taken on the matter, a considerable majority of the U.S. population has favored normalization of relations with Cuba, but that too is insignificant.

Dismissal of public opinion is of course quite normal. What is interesting in this case is dismissal of powerful sectors of U.S. economic power, which also favor normalization, and are usually highly influential in setting policy: energy, agribusiness, pharmaceuticals, and others. That suggests that, in addition to the cultural factors revealed in the hysteria of the Camelot intellectuals, there is a powerful state interest involved in punishing Cubans.

Saving the World from the Threat of Nuclear Destruction

The missile crisis officially ended on October 28th. The outcome was not obscure. That evening, in a special CBS News broadcast, Charles Collingwood reported that the world had come out “from under the most terrible threat of nuclear holocaust since World War II” with a “humiliating defeat for Soviet policy.” Dobbs comments that the Russians tried to pretend that the outcome was “yet another triumph for Moscow’s peace-loving foreign policy over warmongering imperialists,” and that “[t]he supremely wise, always reasonable Soviet leadership had saved the world from the threat of nuclear destruction.”

Extricating the basic facts from the fashionable ridicule, Khrushchev’s agreement to capitulate had indeed “saved the world from the threat of nuclear destruction.”

The crisis, however, was not over. On November 8th, the Pentagon announced that all known Soviet missile bases had been dismantled. On the same day, Stern reports, “a sabotage team carried out an attack on a Cuban factory,” though Kennedy’s terror campaign, Operation Mongoose, had been formally curtailed at the peak of the crisis. The November 8th terror attack lends support to Bundy’s observation that the threat to peace was Cuba, not Turkey, where the Russians were not continuing a lethal assault -- though that was certainly not what Bundy had in mind or could have understood.

More details are added by the highly respected scholar Raymond Garthoff, who also had rich experience within the government, in his careful 1987 account of the missile crisis. On November 8th, he writes, “a Cuban covert action sabotage team dispatched from the United States successfully blew up a Cuban industrial facility,” killing 400 workers according to a Cuban government letter to the U.N. Secretary General.

Garthoff comments: “The Soviets could only see [the attack] as an effort to backpedal on what was, for them, the key question remaining: American assurances not to attack Cuba,” particularly since the terrorist attack was launched from the U.S. These and other “third party actions” reveal again, he concludes, “that the risk and danger to both sides could have been extreme, and catastrophe not excluded.” Garthoff also reviews the murderous and destructive operations of Kennedy’s terrorist campaign, which we would certainly regard as more than ample justification for war, if the U.S. or its allies or clients were victims, not perpetrators.

From the same source we learn further that, on August 23, 1962, the president had issued National Security Memorandum No. 181, “a directive to engineer an internal revolt that would be followed by U.S. military intervention,” involving “significant U.S. military plans, maneuvers, and movement of forces and equipment” that were surely known to Cuba and Russia. Also in August, terrorist attacks were intensified, including speedboat strafing attacks on a Cuban seaside hotel “where Soviet military technicians were known to congregate, killing a score of Russians and Cubans”; attacks on British and Cuban cargo ships; the contamination of sugar shipments; and other atrocities and sabotage, mostly carried out by Cuban exile organizations permitted to operate freely in Florida. Shortly after came “the most dangerous moment in human history,” not exactly out of the blue.

Kennedy officially renewed the terrorist operations after the crisis ebbed. Ten days before his assassination he approved a CIA plan for “destruction operations” by U.S. proxy forces “against a large oil refinery and storage facilities, a large electric plant, sugar refineries, railroad bridges, harbor facilities, and underwater demolition of docks and ships.” A plot to assassinate Castro was apparently initiated on the day of the Kennedy assassination. The terrorist campaign was called off in 1965, but reports Garthoff, “one of Nixon’s first acts in office in 1969 was to direct the CIA to intensify covert operations against Cuba.”

We can, at last, hear the voices of the victims in Canadian historian Keith Bolender’s Voices From the Other Side, the first oral history of the terror campaign -- one of many books unlikely to receive more than casual notice, if that, in the West because the contents are too revealing.

In the current issue of Political Science Quarterly, the professional journal of the association of American political scientists, Montague Kern observes that the Cuban missile crisis is one of those “full-bore crises… in which an ideological enemy (the Soviet Union) is universally perceived to have gone on the attack, leading to a rally-’round-the-flag effect that greatly expands support for a president, increasing his policy options.”

Kern is right that it is “universally perceived” that way, apart from those who have escaped sufficiently from the ideological shackles to pay some attention to the facts. Kern is, in fact, one of them. Another is Sheldon Stern, who recognizes what has long been known to such deviants. As he writes, we now know that “Khrushchev’s original explanation for shipping missiles to Cuba had been fundamentally true: the Soviet leader had never intended these weapons as a threat to the security of the United States, but rather considered their deployment a defensive move to protect his Cuban allies from American attacks and as a desperate effort to give the U.S.S.R. the appearance of equality in the nuclear balance of power.” Dobbs, too, recognizes that “Castro and his Soviet patrons had real reasons to fear American attempts at regime change, including, as a last resort, a U.S. invasion of Cuba... [Khrushchev] was also sincere in his desire to defend the Cuban revolution from the mighty neighbor to the north.”

“Terrors of the Earth”

The American attacks are often dismissed in U.S. commentary as silly pranks, CIA shenanigans that got out of hand. That is far from the truth. The best and the brightest had reacted to the failure of the Bay of Pigs invasion with near hysteria, including the president, who solemnly informed the country: “The complacent, the self-indulgent, the soft societies are about to be swept away with the debris of history. Only the strong... can possibly survive." And they could only survive, he evidently believed, by massive terror -- though that addendum was kept secret, and is still not known to loyalists who perceive the ideological enemy as having “gone on the attack” (the near universal perception, as Kern observes). After the Bay of Pigs defeat, historian Piero Gleijeses writes, JFK launched a crushing embargo to punish the Cubans for defeating a U.S.-run invasion, and “asked his brother, Attorney General Robert Kennedy, to lead the top-level interagency group that oversaw Operation Mongoose, a program of paramilitary operations, economic warfare, and sabotage he launched in late 1961 to visit the 'terrors of the earth' on Fidel Castro and, more prosaically, to topple him.”

The phrase “terrors of the earth” is Arthur Schlesinger’s, in his quasi-official biography of Robert Kennedy, who was assigned responsibility for conducting the terrorist war, and informed the CIA that the Cuban problem carries “[t]he top priority in the United States Government -- all else is secondary -- no time, no effort, or manpower is to be spared” in the effort to overthrow the Castro regime. The Mongoose operations were run by Edward Lansdale, who had ample experience in “counterinsurgency” -- a standard term for terrorism that we direct. He provided a timetable leading to “open revolt and overthrow of the Communist regime” in October 1962. The “final definition” of the program recognized that “final success will require decisive U.S. military intervention,” after terrorism and subversion had laid the basis. The implication is that U.S. military intervention would take place in October 1962 -- when the missile crisis erupted. The events just reviewed help explain why Cuba and Russia had good reason to take such threats seriously.

Years later, Robert McNamara recognized that Cuba was justified in fearing an attack. “If I were in Cuban or Soviet shoes, I would have thought so, too,” he observed at a major conference on the missile crisis on the 40th anniversary.

As for Russia’s “desperate effort to give the U.S.S.R. the appearance of equality,” to which Stern refers, recall that Kennedy’s very narrow victory in the 1960 election relied heavily on a fabricated “missile gap” concocted to terrify the country and to condemn the Eisenhower administration as soft on national security. There was indeed a “missile gap,” but strongly in favor of the U.S.

The first “public, unequivocal administration statement” on the true facts, according to strategic analyst Desmond Ball in his authoritative study of the Kennedy missile program, was in October 1961, when Deputy Secretary of Defense Roswell Gilpatric informed the Business Council that “the U.S. would have a larger nuclear delivery system left after a surprise attack than the nuclear force which the Soviet Union could employ in its first strike.” The Russians of course were well aware of their relative weakness and vulnerability. They were also aware of Kennedy’s reaction when Khrushchev offered to sharply reduce offensive military capacity and proceeded to do so unilaterally. The president failed to respond, undertaking instead a huge armaments program.

Owning the World, Then and Now

The two most crucial questions about the missile crisis are: How did it begin, and how did it end? It began with Kennedy’s terrorist attack against Cuba, with a threat of invasion in October 1962. It ended with the president’s rejection of Russian offers that would seem fair to a rational person, but were unthinkable because they would have undermined the fundamental principle that the U.S. has the unilateral right to deploy nuclear missiles anywhere, aimed at China or Russia or anyone else, and right on their borders; and the accompanying principle that Cuba had no right to have missiles for defense against what appeared to be an imminent U.S. invasion. To establish these principles firmly it was entirely proper to face a high risk of war of unimaginable destruction, and to reject simple and admittedly fair ways to end the threat.

Garthoff observes that “in the United States, there was almost universal approbation for President Kennedy’s handling of the crisis.” Dobbs writes, “The relentlessly upbeat tone was established by the court historian, Arthur M. Schlesinger, Jr., who wrote that Kennedy had ‘dazzled the world’ through a ‘combination of toughness and restraint, of will, nerve and wisdom, so brilliantly controlled, so matchlessly calibrated.’” Rather more soberly, Stern partially agrees, noting that Kennedy repeatedly rejected the militant advice of his advisers and associates who called for military force and the dismissal of peaceful options. The events of October 1962 are widely hailed as Kennedy’s finest hour. Graham Allison joins many others in presenting them as “a guide for how to defuse conflicts, manage great-power relationships, and make sound decisions about foreign policy in general.”

In a very narrow sense, that judgment seems reasonable. The ExComm tapes reveal that the president stood apart from others, sometimes almost all others, in rejecting premature violence. There is, however, a further question: How should JFK’s relative moderation in the management of the crisis be evaluated against the background of the broader considerations just reviewed? But that question does not arise in a disciplined intellectual and moral culture, which accepts without question the basic principle that the U.S. effectively owns the world by right, and is by definition a force for good despite occasional errors and misunderstandings, one in which it is plainly entirely proper for the U.S. to deploy massive offensive force all over the world while it is an outrage for others (allies and clients apart) to make even the slightest gesture in that direction or even to think of deterring the threatened use of violence by the benign global hegemon.

That doctrine is the primary official charge against Iran today: it might pose a deterrent to U.S. and Israeli force. It was a consideration during the missile crisis as well. In internal discussion, the Kennedy brothers expressed their fears that Cuban missiles might deter a U.S. invasion of Venezuela, then under consideration. So “the Bay of Pigs was really right,” JFK concluded.

These principles still contribute to the constant risk of nuclear war. There has been no shortage of severe dangers since the missile crisis. Ten years later, during the 1973 Israel-Arab war, National Security Advisor Henry Kissinger called a high-level nuclear alert (DEFCON 3) to warn the Russians to keep their hands off while he was secretly authorizing Israel to violate the cease-fire imposed by the U.S. and Russia. When Reagan came into office a few years later, the U.S. launched operations probing Russian defenses and simulating air and naval attacks, while placing Pershing missiles in Germany with a five-minute flight time to Russian targets, providing what the CIA called a “super-sudden first strike” capability. Naturally this caused great alarm in Russia, which unlike the U.S. has repeatedly been invaded and virtually destroyed. That led to a major war scare in 1983. There have been hundreds of cases when human intervention aborted a first strike minutes before launch, after automated systems gave false alarms. We don’t have Russian records, but there’s no doubt that their systems are far more accident-prone.

Meanwhile, India and Pakistan have come close to nuclear war several times, and the sources of the conflict remain. Both have refused to sign the Non-Proliferation Treaty, along with Israel, and have received U.S. support for development of their nuclear weapons programs -- until today in the case of India, now a U.S. ally. War threats in the Middle East, which might become reality very soon, once again escalate the dangers.

In 1962, war was avoided by Khrushchev’s willingness to accept Kennedy’s hegemonic demands. But we can hardly count on such sanity forever. It’s a near miracle that nuclear war has so far been avoided. There is more reason than ever to attend to the warning of Bertrand Russell and Albert Einstein, almost 60 years ago, that we must face a choice that is “stark and dreadful and inescapable: Shall we put an end to the human race; or shall mankind renounce war?”


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NSA Lawyer Likens Publishing NSA Secrets to Drunk Driving Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=29754"><span class="small">Dan Froomkin, The Intercept</span></a>   
Sunday, 23 March 2014 08:48

Froomkin writes: "The intelligence community's top lawyer on Friday defended the Obama administration's hostility toward revelations of national security secrets - and likened the act of publishing them to drunk driving."

Robert Litt, general counsel for the director of national intelligence, testifies on Capitol Hill. (photo: Manuel Balce Ceneta/AP)
Robert Litt, general counsel for the director of national intelligence, testifies on Capitol Hill. (photo: Manuel Balce Ceneta/AP)


NSA Lawyer Likens Publishing NSA Secrets to Drunk Driving

By Dan Froomkin, The Intercept

23 March 14

 

he intelligence community’s top lawyer on Friday defended the Obama administration’s hostility toward revelations of national security secrets — and likened the act of publishing them to drunk driving.

Robert Litt, general counsel to the Office of the Director of National Intelligence, used the drunk-driving analogy to excuse his inability to cite any specific harm to individuals by news stories based on leaks from former NSA contractor Edward Snowden.

“We ban drunk driving in this country,” Litt asserted, arguing on a panel with four top news editors that not every crime has an identifiable victim.

Litt made the same argument earlier this week, at an event in Washington for Sunshine Week: ”Not every drunk driver causes a fatal accident, but we ban drunk driving because it increases the risk of accidents. In the same way, we classify information because of the risk of harm, even if no harm actually can be shown in the end from any particular disclosure.”

But Litt’s analogy did not go over well with the other members of the panel on Friday. New Yorker editor David Remnick fired back, incredulously: “Is journalism drunk driving??”

Remnick said that by Litt’s logic, any reporting on leaked material would cause damage. “Your balance is we do nothing,” he said.

Litt, who has become the point person for the administration’s defense of its surveillance programs, was speaking at a journalistic symposium on Secrets and Sources in the New York Times auditorium. He responded combatively to the event’s main theme: the importance of holding the government accountable.

“There ought to be an adversarial approach between the press and the government,” Litt said. “But,” he added with a touch of menace, ”it’s a two-way process.”

Litt scoffed at the repeatedly expressed view during the conference that Obama administration prosecutions of journalistic sources — which has reached unprecedented levels — has chilled investigative reporting. “Somehow the press has managed to struggle on” he said, dismissively.

And he provoked another dramatic reaction from his fellow panelists when he said journalists should be more heedful of government officials when they warn of consequences to national security, calling for “a little more humility from the press.”

“The idea of humility when it comes to the press at this moment is, I think, obscene,” said Nation editor Katrina vanden Heuvel.

“I’m squirming over the desire that we have more humility,” said New York Times executive editor Jill Abramson, explaining that Times editors “agonize” over decisions to publish material government officials say could cause damage. She then went on to cite, as an example of journalistic responsibility, her paper’s highly controversial decision to suppress its expose of President Bush’s warrantless wiretapping program for more than a year – until after the 2004 election. That decision is considered by some to be a case study in how the Bush administration intimidated the press after 9/11.

Litt also asked the editors: “Who elected you?”

He said the intelligence community is subject to congressional accountability. “People may question whether that accountability is good enough, is properly structured. But we still have that accountability,” he said. “The media is not accountable to anything but the number of clicks on a website.”

Remnick responded: “Not all arbiters in society are elected. That too is part of the democratic society we live in.”

Earlier in the day, New York Times national security reporter James Risen, who has become a symbol of the Obama administration’s assault on national-security journalism, called on his fellow journalists to “stand up against the administration” and its attempt to control the press. Risen is fighting a federal order to testify in the trial of a former CIA official charged with leaking classified information to Risen about a botched plot against the Iranian government. He acknowledged that many journalists shy away from political action, but said the industry is “really confronting a change in the landscape.”

Government officials, he said, are “trying to create a path for accepted reporting — and that if you as a reporter go outside those parameters, you as a reporter will be punished, and those sources will be prosecuted.”

The prospect of Risen’s imprisonment, rather than giving up his source, hung heavy over the gathering. Risen said that government officials “want to narrow the field of national security reporting,” making it more and more difficult for reporters to write stories “outside the boundaries that the administration itself sets down.”

And what is outside those parameters?

“Any story that doesn’t make them look good,” he said.

“I think the problem for the future is if they’re successful in this kind of prosecutorial zeal, that they will be able to extend this from national security reporting to other kinds of reporting in Washington and beyond,” he added. The industry has been too hesitant to take on the administration, he continued. “Unless we recognize that, begin to stand up against the administration, I think it’s only going to get worse.”

One question came up over and over again: Is the Obama administration more anti-press than previous ones? New Yorker author Jane Mayer said national security reporting has never been harder, both because of the administration’s clampdown and because of the increasing omnipresence of electronic surveillance.

But, she said. “I think every administration is anti press…It’s what the Framers of the Constitution understood.”


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