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A Shadow Government Controls America |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=29586"><span class="small">Mike Lofgren, Moyers & Company</span></a>
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Saturday, 22 February 2014 14:47 |
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"During the last five years, the news media has been flooded with pundits decrying the broken politics of Washington. The conventional wisdom has it that partisan gridlock and dysfunction have become the new normal."
Is the real power hiding in the shadows? (photo: Scott Galindez/RSN)

A Shadow Government Controls America
By Mike Lofgren, Moyers & Company
22 February 14
here is the visible government situated around the Mall in Washington, and then there is another, more shadowy, more indefinable government that is not explained in Civics 101 or observable to tourists at the White House or the Capitol. The former is traditional Washington partisan politics: the tip of the iceberg that a public watching C-SPAN sees daily and which is theoretically controllable via elections. The subsurface part of the iceberg I shall call the Deep State, which operates according to its own compass heading regardless of who is formally in power. [1]
During the last five years, the news media has been flooded with pundits decrying the broken politics of Washington. The conventional wisdom has it that partisan gridlock and dysfunction have become the new normal. That is certainly the case, and I have been among the harshest critics of this development. But it is also imperative to acknowledge the limits of this critique as it applies to the American governmental system. On one level, the critique is self-evident: In the domain that the public can see, Congress is hopelessly deadlocked in the worst manner since the 1850s, the violently rancorous decade preceding the Civil War.
Yes, there is another government concealed behind the one that is visible at either end of Pennsylvania Avenue, a hybrid entity of public and private institutions ruling the country…
As I wrote in The Party is Over, the present objective of congressional Republicans is to render the executive branch powerless, at least until a Republican president is elected (a goal that voter suppression laws in GOP-controlled states are clearly intended to accomplish). President Obama cannot enact his domestic policies and budgets: Because of incessant GOP filibustering, not only could he not fill the large number of vacancies in the federal judiciary, he could not even get his most innocuous presidential appointees into office. Democrats controlling the Senate have responded by weakening the filibuster of nominations, but Republicans are sure to react with other parliamentary delaying tactics. This strategy amounts to congressional nullification of executive branch powers by a party that controls a majority in only one house of Congress.
Despite this apparent impotence, President Obama can liquidate American citizens without due processes, detain prisoners indefinitely without charge, conduct dragnet surveillance on the American people without judicial warrant and engage in unprecedented - at least since the McCarthy era - witch hunts against federal employees (the so-called "Insider Threat Program"). Within the United States, this power is characterized by massive displays of intimidating force by militarized federal, state and local law enforcement. Abroad, President Obama can start wars at will and engage in virtually any other activity whatsoever without so much as a by-your-leave from Congress, such as arranging the forced landing of a plane carrying a sovereign head of state over foreign territory. Despite the habitual cant of congressional Republicans about executive overreach by Obama, the would-be dictator, we have until recently heard very little from them about these actions - with the minor exception of comments from gadfly Senator Rand Paul of Kentucky. Democrats, save a few mavericks such as Ron Wyden of Oregon, are not unduly troubled, either - even to the extent of permitting seemingly perjured congressional testimony under oath by executive branch officials on the subject of illegal surveillance.
These are not isolated instances of a contradiction; they have been so pervasive that they tend to be disregarded as background noise. During the time in 2011 when political warfare over the debt ceiling was beginning to paralyze the business of governance in Washington, the United States government somehow summoned the resources to overthrow Muammar Ghaddafi-s regime in Libya, and, when the instability created by that coup spilled over into Mali, provide overt and covert assistance to French intervention there. At a time when there was heated debate about continuing meat inspections and civilian air traffic control because of the budget crisis, our government was somehow able to commit $115 million to keeping a civil war going in Syria and to pay at least £100m to the United Kingdom-s Government Communications Headquarters to buy influence over and access to that country-s intelligence. Since 2007, two bridges carrying interstate highways have collapsed due to inadequate maintenance of infrastructure, one killing 13 people. During that same period of time, the government spent $1.7 billion constructing a building in Utah that is the size of 17 football fields. This mammoth structure is intended to allow the National Security Agency to store a yottabyte of information, the largest numerical designator computer scientists have coined. A yottabyte is equal to 500 quintillion pages of text. They need that much storage to archive every single trace of your electronic life.
Yes, there is another government concealed behind the one that is visible at either end of Pennsylvania Avenue, a hybrid entity of public and private institutions ruling the country according to consistent patterns in season and out, connected to, but only intermittently controlled by, the visible state whose leaders we choose. My analysis of this phenomenon is not an exposé of a secret, conspiratorial cabal; the state within a state is hiding mostly in plain sight, and its operators mainly act in the light of day. Nor can this other government be accurately termed an "establishment." All complex societies have an establishment, a social network committed to its own enrichment and perpetuation. In terms of its scope, financial resources and sheer global reach, the American hybrid state, the Deep State, is in a class by itself. That said, it is neither omniscient nor invincible. The institution is not so much sinister (although it has highly sinister aspects) as it is relentlessly well entrenched. Far from being invincible, its failures, such as those in Iraq, Afghanistan and Libya, are routine enough that it is only the Deep State-s protectiveness towards its higher-ranking personnel that allows them to escape the consequences of their frequent ineptitude. [2]
How did I come to write an analysis of the Deep State, and why am I equipped to write it? As a congressional staff member for 28 years specializing in national security and possessing a top secret security clearance, I was at least on the fringes of the world I am describing, if neither totally in it by virtue of full membership nor of it by psychological disposition. But, like virtually every employed person, I became, to some extent, assimilated into the culture of the institution I worked for, and only by slow degrees, starting before the invasion of Iraq, did I begin fundamentally to question the reasons of state that motivate the people who are, to quote George W. Bush, "the deciders."
Cultural assimilation is partly a matter of what psychologist Irving L. Janis called "groupthink," the chameleon-like ability of people to adopt the views of their superiors and peers. This syndrome is endemic to Washington: The town is characterized by sudden fads, be it negotiating biennial budgeting, making grand bargains or invading countries. Then, after a while, all the town-s cool kids drop those ideas as if they were radioactive. As in the military, everybody has to get on board with the mission, and questioning it is not a career-enhancing move. The universe of people who will critically examine the goings-on at the institutions they work for is always going to be a small one. As Upton Sinclair said, "It is difficult to get a man to understand something when his salary depends upon his not understanding it."
A more elusive aspect of cultural assimilation is the sheer dead weight of the ordinariness of it all once you have planted yourself in your office chair for the 10,000th time. Government life is typically not some vignette from an Allen Drury novel about intrigue under the Capitol dome. Sitting and staring at the clock on the off-white office wall when it-s 11:00 in the evening and you are vowing never, ever to eat another piece of takeout pizza in your life is not an experience that summons the higher literary instincts of a would-be memoirist. After a while, a functionary of the state begins to hear things that, in another context, would be quite remarkable, or at least noteworthy, and yet that simply bounce off one-s consciousness like pebbles off steel plate: "You mean the number of terrorist groups we are fighting is classified?" No wonder so few people are whistle-blowers, quite apart from the vicious retaliation whistle-blowing often provokes: Unless one is blessed with imagination and a fine sense of irony, growing immune to the curiousness of one-s surroundings is easy. To paraphrase the inimitable Donald Rumsfeld, I didn-t know all that I knew, at least until I had had a couple of years away from the government to reflect upon it.
The Deep State does not consist of the entire government. It is a hybrid of national security and law enforcement agencies: the Department of Defense, the Department of State, the Department of Homeland Security, the Central Intelligence Agency and the Justice Department. I also include the Department of the Treasury because of its jurisdiction over financial flows, its enforcement of international sanctions and its organic symbiosis with Wall Street. All these agencies are coordinated by the Executive Office of the President via the National Security Council. Certain key areas of the judiciary belong to the Deep State, such as the Foreign Intelligence Surveillance Court, whose actions are mysterious even to most members of Congress. Also included are a handful of vital federal trial courts, such as the Eastern District of Virginia and the Southern District of Manhattan, where sensitive proceedings in national security cases are conducted. The final government component (and possibly last in precedence among the formal branches of government established by the Constitution) is a kind of rump Congress consisting of the congressional leadership and some (but not all) of the members of the defense and intelligence committees. The rest of Congress, normally so fractious and partisan, is mostly only intermittently aware of the Deep State and when required usually submits to a few well-chosen words from the State-s emissaries.
I saw this submissiveness on many occasions. One memorable incident was passage of the Foreign Intelligence Surveillance Amendments Act of 2008. This legislation retroactively legalized the Bush administration-s illegal and unconstitutional surveillance first revealed by The New York Times in 2005 and indemnified the telecommunications companies for their cooperation in these acts. The bill passed easily: All that was required was the invocation of the word "terrorism" and most members of Congress responded like iron filings obeying a magnet. One who responded in that fashion was Senator Barack Obama, soon to be coronated as the presidential nominee at the Democratic National Convention in Denver. He had already won the most delegates by campaigning to the left of his main opponent, Hillary Clinton, on the excesses of the global war on terror and the erosion of constitutional liberties.
As the indemnification vote showed, the Deep State does not consist only of government agencies. What is euphemistically called "private enterprise" is an integral part of its operations. In a special series in The Washington Post called "Top Secret America," Dana Priest and William K. Arkin described the scope of the privatized Deep State and the degree to which it has metastasized after the September 11 attacks. There are now 854,000 contract personnel with top-secret clearances - a number greater than that of top-secret-cleared civilian employees of the government. While they work throughout the country and the world, their heavy concentration in and around the Washington suburbs is unmistakable: Since 9/11, 33 facilities for top-secret intelligence have been built or are under construction. Combined, they occupy the floor space of almost three Pentagons - about 17 million square feet. Seventy percent of the intelligence community-s budget goes to paying contracts. And the membrane between government and industry is highly permeable: The Director of National Intelligence, James R. Clapper, is a former executive of Booz Allen Hamilton, one of the government-s largest intelligence contractors. His predecessor as director, Admiral Mike McConnell, is the current vice chairman of the same company; Booz Allen is 99 percent dependent on government business. These contractors now set the political and social tone of Washington, just as they are increasingly setting the direction of the country, but they are doing it quietly, their doings unrecorded in the Congressional Record or the Federal Register, and are rarely subject to congressional hearings.
Washington is the most important node of the Deep State that has taken over America, but it is not the only one. Invisible threads of money and ambition connect the town to other nodes. One is Wall Street, which supplies the cash that keeps the political machine quiescent and operating as a diversionary marionette theater. Should the politicians forget their lines and threaten the status quo, Wall Street floods the town with cash and lawyers to help the hired hands remember their own best interests. The executives of the financial giants even have de facto criminal immunity. On March 6, 2013, testifying before the Senate Judiciary Committee, Attorney General Eric Holder stated the following: "I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy." This, from the chief law enforcement officer of a justice system that has practically abolished the constitutional right to trial for poorer defendants charged with certain crimes. It is not too much to say that Wall Street may be the ultimate owner of the Deep State and its strategies, if for no other reason than that it has the money to reward government operatives with a second career that is lucrative beyond the dreams of avarice - certainly beyond the dreams of a salaried government employee. [3]
The corridor between Manhattan and Washington is a well trodden highway for the personalities we have all gotten to know in the period since the massive deregulation of Wall Street: Robert Rubin, Lawrence Summers, Henry Paulson, Timothy Geithner and many others. Not all the traffic involves persons connected with the purely financial operations of the government: In 2013, General David Petraeus joined KKR (formerly Kohlberg Kravis Roberts) of 9 West 57th Street, New York, a private equity firm with $62.3 billion in assets. KKR specializes in management buyouts and leveraged finance. General Petraeus- expertise in these areas is unclear. His ability to peddle influence, however, is a known and valued commodity. Unlike Cincinnatus, the military commanders of the Deep State do not take up the plow once they lay down the sword. Petraeus also obtained a sinecure as a non-resident senior fellow at the Belfer Center for Science and International Affairs at Harvard. The Ivy League is, of course, the preferred bleaching tub and charm school of the American oligarchy. [4]
Petraeus and most of the avatars of the Deep State - the White House advisers who urged Obama not to impose compensation limits on Wall Street CEOs, the contractor-connected think tank experts who besought us to "stay the course" in Iraq, the economic gurus who perpetually demonstrate that globalization and deregulation are a blessing that makes us all better off in the long run - are careful to pretend that they have no ideology. Their preferred pose is that of the politically neutral technocrat offering well considered advice based on profound expertise. That is nonsense. They are deeply dyed in the hue of the official ideology of the governing class, an ideology that is neither specifically Democrat nor Republican. Domestically, whatever they might privately believe about essentially diversionary social issues such as abortion or gay marriage, they almost invariably believe in the "Washington Consensus": financialization, outsourcing, privatization, deregulation and the commodifying of labor. Internationally, they espouse 21st-century "American Exceptionalism": the right and duty of the United States to meddle in every region of the world with coercive diplomacy and boots on the ground and to ignore painfully won international norms of civilized behavior. To paraphrase what Sir John Harrington said more than 400 years ago about treason, now that the ideology of the Deep State has prospered, none dare call it ideology. [5] That is why describing torture with the word "torture" on broadcast television is treated less as political heresy than as an inexcusable lapse of Washington etiquette: Like smoking a cigarette on camera, these days it is simply "not done."
After Edward Snowden-s revelations about the extent and depth of surveillance by the National Security Agency, it has become publicly evident that Silicon Valley is a vital node of the Deep State as well. Unlike military and intelligence contractors, Silicon Valley overwhelmingly sells to the private market, but its business is so important to the government that a strange relationship has emerged. While the government could simply dragoon the high technology companies to do the NSA-s bidding, it would prefer cooperation with so important an engine of the nation-s economy, perhaps with an implied quid pro quo. Perhaps this explains the extraordinary indulgence the government shows the Valley in intellectual property matters. If an American "jailbreaks" his smartphone (i.e., modifies it so that it can use a service provider other than the one dictated by the manufacturer), he could receive a fine of up to $500,000 and several years in prison; so much for a citizen-s vaunted property rights to what he purchases. The libertarian pose of the Silicon Valley moguls, so carefully cultivated in their public relations, has always been a sham. Silicon Valley has long been tracking for commercial purposes the activities of every person who uses an electronic device, so it is hardly surprising that the Deep State should emulate the Valley and do the same for its own purposes. Nor is it surprising that it should conscript the Valley-s assistance.
Still, despite the essential roles of lower Manhattan and Silicon Valley, the center of gravity of the Deep State is firmly situated in and around the Beltway. The Deep State-s physical expansion and consolidation around the Beltway would seem to make a mockery of the frequent pronouncement that governance in Washington is dysfunctional and broken. That the secret and unaccountable Deep State floats freely above the gridlock between both ends of Pennsylvania Avenue is the paradox of American government in the 21st century: drone strikes, data mining, secret prisons and Panopticon-like control on the one hand; and on the other, the ordinary, visible parliamentary institutions of self-government declining to the status of a banana republic amid the gradual collapse of public infrastructure.
The results of this contradiction are not abstract, as a tour of the rotting, decaying, bankrupt cities of the American Midwest will attest. It is not even confined to those parts of the country left behind by a Washington Consensus that decreed the financialization and deindustrialization of the economy in the interests of efficiency and shareholder value. This paradox is evident even within the Beltway itself, the richest metropolitan area in the nation. Although demographers and urban researchers invariably count Washington as a "world city," that is not always evident to those who live there. Virtually every time there is a severe summer thunderstorm, tens - or even hundreds - of thousands of residents lose power, often for many days. There are occasional water restrictions over wide areas because water mains, poorly constructed and inadequately maintained, have burst. [6] The Washington metropolitan area considers it a Herculean task just to build a rail link to its international airport - with luck it may be completed by 2018.
It is as if Hadrian-s Wall was still fully manned and the fortifications along the border with Germania were never stronger, even as the city of Rome disintegrates from within and the life-sustaining aqueducts leading down from the hills begin to crumble. The governing classes of the Deep State may continue to deceive themselves with their dreams of Zeus-like omnipotence, but others do not. A 2013 Pew Poll that interviewed 38,000 people around the world found that in 23 of 39 countries surveyed, a plurality of respondents said they believed China already had or would in the future replace the United States as the world-s top economic power.
The Deep State is the big story of our time. It is the red thread that runs through the war on terrorism, the financialization and deindustrialization of the American economy, the rise of a plutocratic social structure and political dysfunction. Washington is the headquarters of the Deep State, and its time in the sun as a rival to Rome, Constantinople or London may be term-limited by its overweening sense of self-importance and its habit, as Winwood Reade said of Rome, to "live upon its principal till ruin stared it in the face." "Living upon its principal," in this case, means that the Deep State has been extracting value from the American people in vampire-like fashion.
We are faced with two disagreeable implications. First, that the Deep State is so heavily entrenched, so well protected by surveillance, firepower, money and its ability to co-opt resistance that it is almost impervious to change. Second, that just as in so many previous empires, the Deep State is populated with those whose instinctive reaction to the failure of their policies is to double down on those very policies in the future. Iraq was a failure briefly camouflaged by the wholly propagandistic success of the so-called surge; this legerdemain allowed for the surge in Afghanistan, which equally came to naught. Undeterred by that failure, the functionaries of the Deep State plunged into Libya; the smoking rubble of the Benghazi consulate, rather than discouraging further misadventure, seemed merely to incite the itch to bomb Syria. Will the Deep State ride on the back of the American people from failure to failure until the country itself, despite its huge reserves of human and material capital, is slowly exhausted? The dusty road of empire is strewn with the bones of former great powers that exhausted themselves in like manner.
But, there are signs of resistance to the Deep State and its demands. In the aftermath of the Snowden revelations, the House narrowly failed to pass an amendment that would have defunded the NSA-s warrantless collection of data from US persons. Shortly thereafter, the president, advocating yet another military intervention in the Middle East, this time in Syria, met with such overwhelming congressional skepticism that he changed the subject by grasping at a diplomatic lifeline thrown to him by Vladimir Putin. [7]
Has the visible, constitutional state, the one envisaged by Madison and the other Founders, finally begun to reassert itself against the claims and usurpations of the Deep State? To some extent, perhaps. The unfolding revelations of the scope of the NSA-s warrantless surveillance have become so egregious that even institutional apologists such as Senator Dianne Feinstein have begun to backpedal - if only rhetorically - from their knee-jerk defense of the agency. As more people begin to waken from the fearful and suggestible state that 9/11 created in their minds, it is possible that the Deep State-s decade-old tactic of crying "terrorism!" every time it faces resistance is no longer eliciting the same Pavlovian response of meek obedience. And the American people, possibly even their legislators, are growing tired of endless quagmires in the Middle East.
But there is another more structural reason the Deep State may have peaked in the extent of its dominance. While it seems to float above the constitutional state, its essentially parasitic, extractive nature means that it is still tethered to the formal proceedings of governance. The Deep State thrives when there is tolerable functionality in the day-to-day operations of the federal government. As long as appropriations bills get passed on time, promotion lists get confirmed, black (i.e., secret) budgets get rubber-stamped, special tax subsidies for certain corporations are approved without controversy, as long as too many awkward questions are not asked, the gears of the hybrid state will mesh noiselessly. But when one house of Congress is taken over by tea party Wahhabites, life for the ruling class becomes more trying.
If there is anything the Deep State requires it is silent, uninterrupted cash flow and the confidence that things will go on as they have in the past. It is even willing to tolerate a degree of gridlock: Partisan mud wrestling over cultural issues may be a useful distraction from its agenda. But recent congressional antics involving sequestration, the government shutdown and the threat of default over the debt ceiling extension have been disrupting that equilibrium. And an extreme gridlock dynamic has developed between the two parties such that continuing some level of sequestration is politically the least bad option for both parties, albeit for different reasons. As much as many Republicans might want to give budget relief to the organs of national security, they cannot fully reverse sequestration without the Democrats demanding revenue increases. And Democrats wanting to spend more on domestic discretionary programs cannot void sequestration on either domestic or defense programs without Republicans insisting on entitlement cuts.
So, for the foreseeable future, the Deep State must restrain its appetite for taxpayer dollars. Limited deals may soften sequestration, but agency requests will not likely be fully funded anytime soon. Even Wall Street-s rentier operations have been affected: After helping finance the tea party to advance its own plutocratic ambitions, America-s Big Money is now regretting the Frankenstein-s monster it has created. Like children playing with dynamite, the tea party and its compulsion to drive the nation into credit default has alarmed the grown-ups commanding the heights of capital; the latter are now telling the politicians they thought they had hired to knock it off.
The House vote to defund the NSA-s illegal surveillance programs was equally illustrative of the disruptive nature of the tea party insurgency. Civil liberties Democrats alone would never have come so close to victory; tea party stalwart Justin Amash (R-MI), who has also upset the business community for his debt-limit fundamentalism, was the lead Republican sponsor of the NSA amendment, and most of the Republicans who voted with him were aligned with the tea party.
The final factor is Silicon Valley. Owing to secrecy and obfuscation, it is hard to know how much of the NSA-s relationship with the Valley is based on voluntary cooperation, how much is legal compulsion through FISA warrants and how much is a matter of the NSA surreptitiously breaking into technology companies- systems. Given the Valley-s public relations requirement to mollify its customers who have privacy concerns, it is difficult to take the tech firms- libertarian protestations about government compromise of their systems at face value, especially since they engage in similar activity against their own customers for commercial purposes. That said, evidence is accumulating that Silicon Valley is losing billions in overseas business from companies, individuals and governments that want to maintain privacy. For high tech entrepreneurs, the cash nexus is ultimately more compelling than the Deep State-s demand for patriotic cooperation. Even legal compulsion can be combatted: Unlike the individual citizen, tech firms have deep pockets and batteries of lawyers with which to fight government diktat.
This pushback has gone so far that on January 17, President Obama announced revisions to the NSA-s data collection programs, including withdrawing the agency-s custody of a domestic telephone record database, expanding requirements for judicial warrants and ceasing to spy on (undefined) "friendly foreign leaders." Critics have denounced the changes as a cosmetic public relations move, but they are still significant in that the clamor has gotten so loud that the president feels the political need to address it.
When the contradictions within a ruling ideology are pushed too far, factionalism appears and that ideology begins slowly to crumble. Corporate oligarchs such as the Koch brothers are no longer entirely happy with the faux-populist political front group they helped fund and groom. Silicon Valley, for all the Ayn Rand-like tendencies of its major players, its offshoring strategies and its further exacerbation of income inequality, is now lobbying Congress to restrain the NSA, a core component of the Deep State. Some tech firms are moving to encrypt their data. High tech corporations and governments alike seek dominance over people though collection of personal data, but the corporations are jumping ship now that adverse public reaction to the NSA scandals threatens their profits.
The outcome of all these developments is uncertain. The Deep State, based on the twin pillars of national security imperative and corporate hegemony, has until recently seemed unshakable and the latest events may only be a temporary perturbation in its trajectory. But history has a way of toppling the altars of the mighty. While the two great materialist and determinist ideologies of the twentieth century, Marxism and the Washington Consensus, successively decreed that the dictatorship of the proletariat and the dictatorship of the market were inevitable, the future is actually indeterminate. It may be that deep economic and social currents create the framework of history, but those currents can be channeled, eddied, or even reversed by circumstance, chance and human agency. We have only to reflect upon defunct glacial despotisms such as the USSR or East Germany to realize that nothing is forever.
Throughout history, state systems with outsized pretensions to power have reacted to their environments in two ways. The first strategy, reflecting the ossification of its ruling elites, consists of repeating that nothing is wrong, that the status quo reflects the nation-s unique good fortune in being favored by God and that those calling for change are merely subversive troublemakers. As the French ancien régime, the Romanov dynasty and the Habsburg emperors discovered, the strategy works splendidly for a while, particularly if one has a talent for dismissing unpleasant facts. The final results, however, are likely to be thoroughly disappointing.
The second strategy is one embraced to varying degrees and with differing goals, by figures of such contrasting personalities as Mustafa Kemal Atatürk, Franklin D. Roosevelt, Charles de Gaulle and Deng Xiaoping. They were certainly not revolutionaries by temperament; if anything, their natures were conservative. But they understood that the political cultures in which they lived were fossilized and incapable of adapting to the times. In their drive to reform and modernize the political systems they inherited, their first obstacles to overcome were the outworn myths that encrusted the thinking of the elites of their time.
As the United States confronts its future after experiencing two failed wars, a precarious economy and $17 trillion in accumulated debt, the national punditry has split into two camps. The first, the declinists, sees a broken, dysfunctional political system incapable of reform and an economy soon to be overtaken by China. The second, the reformers, offers a profusion of nostrums to turn the nation around: public financing of elections to sever the artery of money between the corporate components of the Deep State and financially dependent elected officials, government "insourcing" to reverse the tide of outsourcing of government functions and the conflicts of interest that it creates, a tax policy that values human labor over financial manipulation and a trade policy that favors exporting manufactured goods over exporting investment capital.
All of that is necessary, but not sufficient. The Snowden revelations (the impact of which have been surprisingly strong), the derailed drive for military intervention in Syria and a fractious Congress, whose dysfunction has begun to be a serious inconvenience to the Deep State, show that there is now a deep but as yet inchoate hunger for change. What America lacks is a figure with the serene self-confidence to tell us that the twin idols of national security and corporate power are outworn dogmas that have nothing more to offer us. Thus disenthralled, the people themselves will unravel the Deep State with surprising speed.
[1] The term "Deep State" was coined in Turkey and is said to be a system composed of high-level elements within the intelligence services, military, security, judiciary and organized crime. In British author John le Carré-s latest novel, A Delicate Truth, a character describes the Deep State as "… the ever-expanding circle of non-governmental insiders from banking, industry and commerce who were cleared for highly classified information denied to large swathes of Whitehall and Westminster." I use the term to mean a hybrid association of elements of government and parts of top-level finance and industry that is effectively able to govern the United States without reference to the consent of the governed as expressed through the formal political process.
[2] Twenty-five years ago, the sociologist Robert Nisbet described this phenomenon as "the attribute of No Fault…. Presidents, secretaries and generals and admirals in America seemingly subscribe to the doctrine that no fault ever attaches to policy and operations. This No Fault conviction prevents them from taking too seriously such notorious foul-ups as Desert One, Grenada, Lebanon and now the Persian Gulf." To his list we might add 9/11, Iraq, Afghanistan and Libya.
[3] The attitude of many members of Congress towards Wall Street was memorably expressed by Rep. Spencer Bachus (R-AL), the incoming chairman of the House Financial Services Committee, in 2010: "In Washington, the view is that the banks are to be regulated, and my view is that Washington and the regulators are there to serve the banks."
[4] Beginning in 1988, every US president has been a graduate of Harvard or Yale. Beginning in 2000, every losing presidential candidate has been a Harvard or Yale graduate, with the exception of John McCain in 2008.
[5] In recent months, the American public has seen a vivid example of a Deep State operative marketing his ideology under the banner of pragmatism. Former Secretary of Defense Robert M. Gates - a one-time career CIA officer and deeply political Bush family retainer - has camouflaged his retrospective defense of military escalations that have brought us nothing but casualties and fiscal grief as the straight-from-the-shoulder memoir from a plain-spoken son of Kansas who disdains Washington and its politicians.
[6] Meanwhile, the US government took the lead in restoring Baghdad-s sewer system at a cost of $7 billion.
[7] Obama-s abrupt about-face suggests he may have been skeptical of military intervention in Syria all along, but only dropped that policy once Congress and Putin gave him the running room to do so. In 2009, he went ahead with the Afghanistan "surge" partly because General Petraeus- public relations campaign and back-channel lobbying on the Hill for implementation of his pet military strategy pre-empted other options. These incidents raise the disturbing question of how much the democratically elected president - or any president - sets the policy of the national security state and how much the policy is set for him by the professional operatives of that state who engineer faits accomplis that force his hand.

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How the GOP Sabotaged Marco Rubio, the Man Who Was Once Its Savior |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=10204"><span class="small">Jonathan Chait, New York Magazine</span></a>
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Saturday, 22 February 2014 14:43 |
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Chait writes: "Everything Rubio touches has turned to shit. The cumulative humiliations have transformed the former party savior into a figure himself in need of saving. How did it all go so badly?"
Sen. Marco Rubio (R-Fla). (image: NY Magazine)

How the GOP Sabotaged Marco Rubio, the Man Who Was Once Its Savior
By Jonathan Chait, New York Magazine
22 February 14
t was a mere two days after the 2012 election, and the shock of defeat had barely worn off when the Republican Party-s answer suddenly became clear, and it was Marco Rubio. The announcement came in a column, portentously titled "The Way Forward," by Charles Krauthammer, the operative-pundit, Fox News panelist, and columnist whom a National Review cover story had deemed the leader of the opposition to President Obama. The party-s predicament could be solved, Krauthammer announced, with "a single policy change: border fence plus amnesty." Then, having softened on immigration and thus endeared itself to Latinos, the party need only elevate the handsome, right-wing young senator to the top of its ticket. "Imagine Marco Rubio advancing such a policy on the road to 2016," rhapsodized Krauthammer. "It would transform the landscape."
The Rubio Plan sounded awfully appealing to Republicans, not least of them Rubio himself, who set about constructing the fund-raising and advisory apparatus of a top-tier presidential contender. For a few months, the plan proceeded to near perfection. Then everything started falling apart, and it has kept falling apart ever since.
The Rubio Plan required the senator, heretofore a reliable conservative soldier on every issue including immigration reform, which he ran against in 2010, to reverse himself and persuade a large chunk of the party to follow along. This Rubio did with astonishing speed. Working with Senate Democrats to forge a compromise, he undertook a listening-and-persuasion tour among the party figures who had revolted against the last immigration-reform compromise, under George W. Bush. Rubio explained that his immigrant mother had left him a voice-mail, in Spanish, pleading for him to look out for immigrants. "They-re human beings just like us, and they came for the same reasons we came," said Mrs. Rubio, via her son, in impressively polished, stump-friendly phrasing. "To work. To improve their lives. So please, don-t mess with them."
Once-fervent restrictionists like Sean Hannity and even Rush Limbaugh showered Rubio with praise. In February of last year, Time displayed Rubio on its cover, anointing him "The Republican Savior." ("There is only one savior, and it is not me. #Jesus," Rubio tweeted, deftly averting a John Lennon-esque controversy while reflecting the general political reality that if you-re in a position to deny comparisons between yourself and the Messiah, you-re winning.) Brendan Buck, spokesman for House Speaker John Boehner, gushed that Rubio was "so hot right now."
We can now, in hindsight, identify last February as the apex of the Rubio bubble. Over the next few months, conservatives shook off Rubio-s charm offensive and whipped themselves into a familiar frenzy against his immigration-reform plan. They picked apart details just as they had every major legislative proposal of the Obama era-it was long; it was complicated; it gave power to bureaucrats; it would hand Obama a victory. A May National Review cover depicted Rubio, smiling between no-longer-tolerated deal-maker John McCain and loathed liberal Democrat Charles Schumer, under the headline "Rubio-s Folly." By June, Hannity and Limbaugh had turned unreservedly against Rubio-s plan. By October, the Rubio compromise had grown so radioactive on the right Rubio had to, humiliatingly, renounce his own legislation.
But could the Rubio part of the Rubio Plan be salvaged? As his standing with conservatives decayed, the senator began to look for compensatory measures. Over the summer, he glommed onto a hot new idea taking hold among conservative activists: If Republicans refused to fund the government-s operations, Obama would have no funding to implement his health-care law, thereby strangling it in the crib.
The government-shutdown gambit turned out very poorly, in part because its central postulate turned out to be wrong: Shutting down the government did not prevent the launch of Obamacare. By the time Rubio figured this out, he had already disgusted many mainstream Republicans while also finding himself outshone among the true believers by newly emergent star Ted Cruz, another Hispanic senator but one untainted by Rubio-s bipartisan immigration history.
Rubio-s latest rehabilitation plan unfolded over the past few months. In November, he discovered an unexploited source of conservative indignation: the "Obamacare bailout." The term referred to an item in the law, called the risk-corridor provision, designed to encourage insurance providers not to cherry-pick healthy customers. Those that attract an unexpectedly healthy cohort of enrollees will pay back a portion of their lower costs, while firms that sign up a more sick group than expected will get compensation.
The prescription-drug program enacted under President Bush in 2003 has the same feature. It had gone largely unnoticed among reporters, and completely unnoticed by conservatives, until some of them realized that the provision (a) would help prevent the actuarial collapse they had eagerly been predicting and (b) furnished them with the opportunity to jam two unpopular concepts-"Obamacare" and "bailout"-together. Rubio latched onto the "Obamacare bailout" and made its repeal his newest cause. House Republicans planned a hearing to denounce the bailout and called Rubio as their star witness.
The day before the hearings, the Congressional Budget Office released its latest budget projections, which proved devastating to Rubio in two ways. The first was that, unexpectedly, it calculated that the lure of affordable health care would encourage employees to work fewer hours-enough forgone labor to add up to 2.3 million full-time jobs. This was a political bombshell, and Republicans eagerly made Obamacare-s "job-killing" their obsessive messaging focus.
Helping along their decision to forget about the "bailout" was a calculation in the same report predicting the risk-corridor provision would likely collect $8 billion more from insurers than it paid out. A provision to take money from private firms could not remotely be described as a bailout; indeed, it was suddenly Rubio who wanted to put taxpayers on the hook by proposing to forgo billions of dollars of insurance-industry money. It was too late to cancel the bailout hearings, but Rubio hastily delivered his remarks and reneged on his promise to take questions.
Everything Rubio touches has turned to shit. The cumulative humiliations have transformed the former party savior into a figure himself in need of saving. How did it all go so badly? The Rubio Plan had sounded clever in the abstract. The premise, as Krauthammer had explicitly laid out, was that the party could jettison a single-issue position while holding fast to its cherished anti-government bromides. ("No reinvention when none is needed," urged Krauthammer. "Do conservatism but do it better.") Krauthammer may have been right that Republican elites would more willingly, or even eagerly, toss aside their fear of illegal immigration than revise their cherished anti-tax, anti-spending dogma. But broadening the party-s economic message has turned out to be easier. Republicans have delivered a series of well-received speeches advocating new proposals for health care, tax reform, and the like, softening the harsh plutocratic message they projected with Paul Ryan and Mitt Romney. None of this has prevented them from continuing to wage a campaign to immiserate the poor by cutting food stamps, ending unemployment benefits, and denying Medicaid to the uninsured. When you don-t need to grapple with specifics or difficult trade-offs, writing speeches with uplifting themes is extremely easy.
Passing immigration reform, on the other hand, is hard. It requires writing bills. Conservatives liked the sound of Rubio-s immigration plan, but it could not survive legislative contact with the enemy. Compromising on immigration means handing a legislative accomplishment to Obama, a taboo that dwarfs any ideological commitments. And so Rubio was cast in a role nobody could play. The party elders who thought they were enlisting him as the Republican savior were instead making him its martyr.

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FOCUS | The Haunted Democratic Senate |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>
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Saturday, 22 February 2014 12:59 |
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Pierce writes: "Joe Manchin, the gun-totin', bill-shootin' centrist genius who represents the considerably poisoned state of West Virginia in the World's Greatest Deliberative Body, had some notions he wanted to share with his constituents, once they're done boiling drinking water and fishing for three-headed trout in the rivers and streams of their business-friendly environment."
Sen. Joe Manchin (D-WV). (photo: Tom Williams/Getty Images)

The Haunted Democratic Senate
By Charles Pierce, Esquire
22 February 14
oe Manchin, the gun-totin', bill-shootin' centrist genius who represents the considerably poisoned state of West Virginia in the World's Greatest Deliberative Body, had some notions he wanted to share with his constituents, once they're done boiling drinking water and fishing for three-headed trout in the rivers and streams of their business-friendly environment.
Like many states, West Virginia lawmakers are taking it upon themselves to try to increase the minimum wage. A bill raising the state's minimum pay rate of $7.25 an hour to $8.75 an hour by 2016 has passed the House and is awaiting Senate action Yet be it state or federal, Manchin said any wage rate increase will not bring people out of poverty. A bill to increase the federal minimum wage to $10.10 an hour is being debated in Congress. On Tuesday, the nonpartisan Congressional Budget Office released a report that said such an increase would cause the loss of about 500,000 jobs but would boost earnings for about 16.5 million low-wage workers. In 1968, Manchin said the minimum wage was $1.60. Adjusting for inflation, he said the 2014 minimum wage should be around $10.10. Raising the minimum wage could well cause business owners to reduce staff or hire fewer people, so Manchin is urging business owners to step forward and be heard on the issue.
He was very strong on that. If it doesn't "lift you out of poverty," it's not worth doing. Of course, when the topic turned to the fact that his state has pretty much whored itself out to industries that have responded by turning it into a chemistry set, Senator Joe got all Sandman Simms for us.
That topic transitioned into a brief mention of the water crisis in Charleston, which he described as a "wake-up call." "People don't think we care at all about the environment, that we value jobs and business over the environment," he said. "But that's the exception, not the rule." Manchin said he hopes to resolve differences with the Environmental Protection Agency, especially to work together on clean coal efforts. "We blame them, but then we need them. I'm an environmentalist, I care about the environment, but I'm a realist too. I care about my job."
That's the thing about concern trolling. You can't drink it.
And then there's the Affordable Care Act, which Joe will vote to repeal because West Virginians rank 43rd in wellness and longevity so what they need is to roll back the one functioning health-care reform law we have.
He asked for all the listeners to let him and other lawmakers know their thoughts on the variety of topics, including the Affordable Care Act. "We spend more on health care than any state, but we rank 43rd on wellness and longevity." Both parties agree on many aspects of the ACA, such as pre-existing conditions not being excluded from coverage and no lifetime caps, but there are still many kinks that need to be fixed, Manchin said. "I will vote tomorrow to repeal (the ACA), but I want to fix the problems in it." He said the ACA is essentially a product and the government needs to find a way to "sell it" and make their customers want to buy it.
Well, not giving "bipartisan" cover to the people who want to shred the law, and who don't give a damn how far down the actuarial tables his state sinks might be a start.
And then we move along to Senator Heidi Heitkamp of North Dakota, who would like us to know that the very survival of our precious bodily fluids depends on the immediate construction of our old friend, the Keystone XL pipeline.
Heitkamp said she hoped the state PSC would approve the project. "This process has gone on way too long," she said. "I'll continue to push for this pipeline which is in our national security, energy, and economic interests."
Democracy in Nebraska is inconveniencing Senator Heidi, who represents a burgeoning petro-state right there on the Plains. This does not make my eyes well up. Also, too: we need the death funnel because of "our national security"? Please explain this. Are they going to be running Minuteman missiles down the pipeline along with the world's dirtiest fossil fuel? Something strange is wandering the parapets again.
MARCELLUS: Horatio says we're imagining it, and won't let himself believe anything about this horrible thing that we've seen twice now. That's why I've begged him to come on our shift tonight, so that if the ghost appears he can see what we see and speak to it.
-- Hamlet, Act I, Scene One.

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FOCUS | Clarence Thomas's Disgraceful Silence |
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Saturday, 22 February 2014 11:30 |
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Toobin writes: "As of this Saturday, February 22nd, eight years will have passed since Clarence Thomas last asked a question during a Supreme Court oral argument. His behavior on the bench has gone from curious to bizarre to downright embarrassing, for himself and for the institution he represents."
Justice Clarence Thomas. (photo: Mark Wilson/Getty Images)

Clarence Thomas's Disgraceful Silence
By Jeffrey Toobin, The New Yorker
22 February 14
s of this Saturday, February 22nd, eight years will have passed since Clarence Thomas last asked a question during a Supreme Court oral argument. His behavior on the bench has gone from curious to bizarre to downright embarrassing, for himself and for the institution he represents.
This point was especially apparent on January 13th, when the Court considered the case of National Labor Relations Board v. Noel Canning, which raises important questions about the President's ability to fill vacancies when the Senate is in recess. It was a superb argument—highly skilled lawyers engaging with eight inquisitive judges. The case also offered a kind of primer on the state of the Court in action, with Thomas's colleagues best viewed in pairs.
Antonin Scalia and Ruth Bader Ginsburg. The two oldest Justices (and the Court's senior New Yorkers) usually jump in first with questions. Scalia, who is seventy-seven, often takes a barbed tone with the lawyers, and Ginsburg, who is eighty, is more polite, if no less insistent. Both of them set the tone with their ideologically opposed positions. They offer an early clue as to whether the Court will divide along familiar left-right grounds.
Anthony Kennedy and Stephen Breyer. Oddly, these two, both Northern Californians, are starting to resemble each other physically in their eighth decades. Both sit in similar ways, hunched forward, with the fingers of their right hands splayed between forehead and bald head. Kennedy asks questions in a tone of grave concern; Breyer, in his twentieth year on the Court, is still having the time of his life. He laughs at all the jokes, especially his own.
Samuel Alito and John Roberts. Alito sits like a sphinx: his face gives away nothing, but his questions invariably tease out the weak parts of an opposing argument. Roberts looks like the earnest Midwesterner he remains, but he, too, has a litigator's gift for eviscerating an adversary. It is wise to listen closely to these two; they are rarely on the losing side.
Sonia Sotomayor and Elena Kagan. The Court's youngest members (and junior New Yorkers) sit on opposite ends of the bench, and both take aggressive tones with the lawyers. Sotomayor leans forward, her right forearm aimed skyward and nearly covered in bracelets; she burrows into the facts of cases in extraordinary detail. Kagan takes the opposite tack. Her early trademark question is about the big picture, and it's usually a refined version of "Counsel, let's cut the crap. Isn't this case really about … ?" Neither Sotomayor nor Kagan has ever heard Thomas ask a question in the courtroom. (Yes, Thomas did break his silence last year to utter a single stray wisecrack, but that hardly counts as participation.)
As for Thomas, he is physically transformed from his infamous confirmation hearings, in 1991—a great deal grayer and heavier today, at the age of sixty-five. He also projects a different kind of silence than he did earlier in his tenure. In his first years on the Court, Thomas would rock forward, whisper comments about the lawyers to his neighbors Breyer and Kennedy, and generally look like he was acknowledging where he was. These days, Thomas only reclines; his leather chair is pitched so that he can stare at the ceiling, which he does at length. He strokes his chin. His eyelids look heavy. Every schoolteacher knows this look. It's called "not paying attention."
Thomas has a part to play, if he wants to take it. The Noel Canning case, for example, raises a profound issue in constitutional law. Noel Canning, a bottling company, is challenging a ruling of the National Labor Relations Board on the ground that some of its members were appointed illegitimately. All Presidents have used recess appointments, often without much controversy; Obama did so in this case because Congress had refused to act on his nominations, to the point that the N.L.R.B. didn't have a quorum. But a close, literal reading of the Constitution's text suggests that the practice may be unconstitutional except in narrow circumstances. Does the meaning of the Constitution evolve over time, or is there only a single, immutable understanding of what it says?
Questioning the lawyer for Noel Canning, Breyer noted that Presidents have made thousands of recess appointments over the decades. Even if the Constitution could be read as prohibiting the practice, wasn't it clearly legal now? "It isn't unheard of that over time language in the Constitution takes on a somewhat different meaning," Breyer said, noting that the definitions of "due process" and "interstate commerce" had clearly changed. "I mean, probably different judges have different approaches," Breyer went on. "But if I'm concerned about the basic practicality and the basic objective here, why would I agree with you?"
As the lawyer, Noel Francisco, hedged, Scalia jumped in. "The two examples that Justice Breyer gives are examples where we gave it a meaning that was different from what it said." The audience, worldly in such matters, laughed. Breyer, the proponent of the living, changing Constitution, and Scalia, the originalist, have been having this argument for years.
No one, however, has been more outspoken about this conflict, at least on paper, than Thomas, the most extreme originalist on the Court. Scalia believes that the Court owes some deference to its own precedents, even if they differ from the original meaning of the text. Thomas is happy to lay waste to decades, even centuries, of constitutional law. Clearly, then, Thomas could have contributed to this spirited, important debate. Instead, on this day he was, as usual, checked out.
For better or worse, Thomas has made important contributions to the jurisprudence of the Supreme Court. He has imported once outré conservative ideas, about such issues as gun rights under the Second Amendment and deregulation of political campaigns, into the mainstream. Scalia wrote District of Columbia v. Heller, which restricted gun control, and Kennedy wrote Citizens United v. Federal Election Commission, which undermined decades of campaign-finance law, but Thomas was an intellectual godfather of both decisions.
Still, there is more to the job of Supreme Court Justice than writing opinions. The Court's arguments are not televised (though they should be), but they are public. They are, in fact, the public's only windows onto the Justices' thought processes, and they offer the litigants and their lawyers their only chance to look these arbiters in the eye and make their case. There's a reason the phrase "your day in court" resonates. It is an indispensable part of the legal system.
But the process works only if the Justices engage. The current Supreme Court is almost too ready to do so, and sometimes lawyers have a hard time getting a word in edgewise. In question-and-answer sessions at law schools, Thomas has said that his colleagues talk too much, that he wants to let the lawyers say their piece, and that the briefs tell him all he needs to know. But this—as his colleagues' ability to provoke revealing exchanges demonstrates—is nonsense. Thomas is simply not doing his job.
By refusing to acknowledge the advocates or his fellow-Justices, Thomas treats them all with disrespect. It would be one thing if Thomas's petulance reflected badly only on himself, which it did for the first few years of his ludicrous behavior. But at this point, eight years on, Thomas is demeaning the Court. Imagine, for a moment, if all nine Justices behaved as Thomas does on the bench. The public would rightly, and immediately, lose all faith in the Supreme Court. Instead, the public has lost, and should lose, any confidence it might have in Clarence Thomas.

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