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What Rights Should Dzhokhar Tsarnaev Get? Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=7181"><span class="small">Glenn Greenwald, Guardian UK</span></a>   
Sunday, 21 April 2013 13:15

Greenwald writes: "Once Tsarnaev was arrested, President Obama strongly suggested that he would eventually be tried in court, which presumably means he will at some point have a lawyer."

Dzhokhar Tsarnaev at his high school graduation ceremony.  (photo: Robin Young/Twitter)
Dzhokhar Tsarnaev at his high school graduation ceremony. (photo: Robin Young/Twitter)


What Rights Should Dzhokhar Tsarnaev Get?

By Glenn Greenwald, Guardian UK

21 April 13

 

The Obama DOJ says it intends to question the Boston bombing suspect "extensively" without first Mirandizing him.

hortly before Dzhokhar Tsarnaev, an American citizen, was apprehended last night, GOP Sen. Lindsey Graham advocated on Twitter that the Boston Marathon bombing suspect be denied what most Americans think of as basic rights. "If captured," Graham wrote, I hope [the] Administration will at least consider holding the Boston suspect as [an] enemy combatant for intelligence gathering purposes." Arguing that "if the Boston suspect has ties to overseas terror organizations he could be treasure trove of information", Graham concluded: "The last thing we may want to do is read Boston suspect Miranda Rights telling him to 'remain silent.'"

Once Tsarnaev was arrested, President Obama strongly suggested that he would eventually be tried in court, which presumably means he will at some point have a lawyer (something that Graham, along with John McCain and Liz Cheney, last night opposed). But the Obama DOJ also announced that they intended to question him "extensively" - their word - before reading him his Miranda rights, as Graham advocated in the second and third tweets quoted above. And the DOJ said they intend to question him not just about matters relating to immediate threats to the public safety - are there other bombs set to go off? is there an accomplice on the loose preparing to kill? - but also, again in their words, "to gain critical intelligence".

Graham's tweets quickly created a firestorm of outrage among various Democrats, progressives, liberals and the like. They insisted that such actions would be radical and menacing, a serious threat to core Constitutional protections. I certainly shared those sentiments: the general concept that long-standing rights should be eroded in the name of Terrorism is indeed odious, and the specific attempt to abridge core constitutional liberties on US soil under that banner is self-evidently dangerous.

But while I shared the reaction of these Democrats to Graham's decrees, it nonetheless really baffled me, as I quickly noted. This was true for several reasons.

First, the Obama administration has already rolled back Miranda rights for terrorism suspects captured on US soil. It did so two years ago with almost no controversy or even notice, including from many of those who so vocally condemned Graham's Miranda tweets yesterday. In May, 2010, the New York Times' Charlie Savage - under the headline "Holder Backs a Miranda Limit for Terror Suspects" - reported that "the Obama administration said Sunday it would seek a law allowing investigators to interrogate terrorism suspects without informing them of their rights." Instead of going to Congress, the Obama DOJ, in March 2011, simply adopted their own rules that vested themselves with this power, as reported back then by Salon's Justin Elliott ("Obama rolls back Miranda rights"), the Wall Street Journal ("Rights Are Curtailed for Terror Suspects"), the New York Times ("Delayed Miranda Warning Ordered for Terror Suspects"), and myself ("Miranda is Obama's latest victim").

In a great analysis last night denouncing the DOJ's decision to delay reading Tsarnaev his rights, Slate's Emily Bazelon details exactly what roll-back of Miranda was achieved by Obama. Specifically, the Obama DOJ exploited and radically expanded the very narrow "public safety" exception to Miranda, which was first created in 1984 by the more conservative Supreme Court justices in New York v. Quarles, over the vehement dissent of its liberal members (Brennan, Marshall and Stevens, along with O'Connor). The Quarles court held that where police officers took a very brief period to ask focused questions necessary to stop an imminent threat to public safety without first Mirandizing the suspect, the answers under those circumstances would be admissible (in Quarles, the police apprehended a rape suspect and simply asked where his gun was before reading him his rights, and the court held that the defendant's pre-Miranda answer - "over there" - was admissible).

The Court's liberals, led by Justice Thurgood Marshall, warned that this exception would dilute Miranda and ensure abuse. This exception, wrote Marshall, "condemns the American judiciary to a new era of post hoc inquiry into the propriety of custodial interrogations" and "endorse[s] the introduction of coerced self-incriminating statements in criminal prosecutions". Moreover, he wrote, the "public-safety exception destroys forever the clarity of Miranda for both law enforcement officers and members of the judiciary" and said the court's decision "cannot mask what a serious loss the administration of justice has incurred".

As Marshall noted, the police have always had the power to question a suspect about imminent threats without Mirandizing him; indeed, they are free to question suspects about anything without first reading them their Miranda rights. But pre-Miranda statements were not admissible, could not be used to prosecute the person. This new 1984 "public safety" exception to that long-standing rule, Marshall said, guts the Fifth Amendment's guarantee that one will not be compelled to incriminate oneself. As he put it: "were constitutional adjudication always conducted in such an ad hoc manner, the Bill of Rights would be a most unreliable protector of individual liberties."

As controversial as this exception was from the start (and as hated as it was among traditional, actual liberals), it was at least narrowly confined. But the Obama DOJ in 2011 wildly expanded this exception for terrorism suspects. The Obama DOJ's Memorandum (issued in secret, of course, but then leaked) cited what it called "the magnitude and complexity of the threat often posed by terrorist organizations" in order to claim "a significantly more extensive public safety interrogation without Miranda warnings than would be permissible in an ordinary criminal case". It expressly went beyond the "public safety" exception established by the Supreme Court to arrogate unto itself the power to question suspects about other matters without reading them their rights (emphasis added):

"There may be exceptional cases in which, although all relevant public safety questions have been asked, agents nonetheless conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat, and that the government's interest in obtaining this intelligence outweighs the disadvantages of proceeding with unwarned interrogation."

That is what Graham advocated regarding Miranda: that Tsarnaev be interrogated about intelligence matters without Mirandizing him, and that's exactly what Obama DOJ policy - two years ago - already approved. Worse, as Bazelon noted: "Who gets to make this determination? The FBI, in consultation with DoJ, if possible. In other words, the police and the prosecutors, with no one to check their power." At the time, the ACLU made clear how menacing was the Obama DOJ's attempted roll-back of Miranda rights for terror suspects.

Although we do not yet know how long the Boston bombing suspect will be questioned pre-Miranda or what will be asked, Bazelon - citing the Obama DOJ's 2011 policy as well as last night's announcement - writes:

"And so the FBI will surely ask 19-year-old Tsarnaev anything it sees fit. Not just what law enforcement needs to know to prevent a terrorist threat and keep the public safe but anything else it deemed related to 'valuable and timely intelligence'. Couldn't that be just about anything about Tsarnaev's life, or his family, given that his alleged accomplice was his older brother (killed in a shootout with police)? There won't be a public uproar. Whatever the FBI learns will be secret: We won't know how far the interrogation went. And besides, no one is crying over the rights of the young man who is accused of killing innocent people. . . ."

So Democrats reacted with horror and outrage to Graham's suggestion that "the last thing we may want to do is read Boston suspect Miranda Rights telling him to 'remain silent.'" But that's already Obama DOJ policy, enacted with little controversy. And last night's announcement makes clear that the Obama DOJ intends, as Bazelon says, to question him about a wide range of topics far beyond matters of imminent threats to public safety without first Mirandizing him.

But there's another reason why I found Democratic outrage over Graham's statements to be confounding. The theory on which Graham's arguments are based is one that the Obama administration has vigorously embraced with the full-throated endorsement of most of its supporters: namely, that the US is "at war", and that anyone who takes up arms against the country or tries to kill Americans is not entitled to basic rights - even if they're American citizens. As Graham told the Washington Post, his view that Tsarnaev is not entitled to these rights is grounded in his belief that the US is fighting a global war and those who fight in it against the US are "enemy combatants".

It is bizarre indeed to watch Democrats act as though Graham's theories are exotic or repellent. This is, after all, the same faction that insists that Obama has the power to target even US citizens for execution without charges, lawyers, or any due process, on the ground that anyone the president accuses of Terrorism forfeits those rights. The only way one can believe this is by embracing the same theory that Lindsey Graham is espousing: namely, that accused Terrorists are enemy combatants, not criminals, and thus entitled to no due process and other guarantees in the Bill of Rights. Once you adopt this "entire-globe-is-a-battlefield" war paradigm - as supporters of Obama's assassination powers must do and have explicitly done - then it's impossible to scorn Graham's views about what should be done with Tsarnaev. Indeed, one is necessarily endorsing the theory in which Graham's beliefs are grounded.

It's certainly possible to object to Graham's arguments on pragmatic grounds, by advocating that Tsarnaev should be eventually Mirandized and tried in a federal court because it will be more beneficial to the government if that is done. But for anyone who supports the general Obama "war on terror" approach or specifically his claimed power to target even US citizens for execution without charges, it's impossible to object to Graham's arguments on principled or theoretical grounds. Once you endorse the "whole-globe-is-a-battlefield" theory, then there's no principled way to exclude US soil. If (as supporters of Obama's terrorism policies must argue), the "battlefield" is anywhere an accused terrorist is found and they can be detained or killed without charges, then that necessarily includes terrorists on US soil (or, as Graham put it, using one of the creepiest slogans imaginable: "the homeland is the battlefield").

Recall, in fact, that the Democratic-led Senate enacted the 2011 NDAA, which was then signed into law by President Obama, that codified the power of indefinite detention even of US citizens on US soil accused of terrorism (that's what led a federal court to enjoin the law on the grounds of unconstitutionality). It is true that Obama said that, as a matter of policy, he would not exercise these powers against US citizens on US soil, but that's simply a pragmatic choice that can be changed at any time. The theory of the NDAA is the same theory as Graham yesterday invoked, which in turn is the same theory animating the Obama "war on terror": the US is "at war" with The Terrorists, and anyone who takes up arms against the US and tries to kill Americans are "combatants" who can be denied basic rights. Watching Democrats mock Graham, while supporting Obama's policies based on the same theory, is truly surreal.

Finally, consider how radically Obama's "war on terror" has altered political opinion. As noted, even the narrow "public safety" exception to Miranda was the work of mostly right-wing Supreme Court justices who long hated Miranda. For that reason, it was loathed by liberals, including Thurgood Marshall, who viewed it as a stealth attempt to destroy Miranda. Yet now, the Obama administration has radically expanded even that once-controversial exception by claiming the power to question suspects without Miranda warnings far beyond what even those conservative justices recognized (as the Obama DOJ put it: "There may be exceptional cases in which, although all relevant public safety questions have been asked, agents nonetheless conclude that continued unwarned interrogation is necessary").

Now, the cheers for this erosion of Miranda are led not by right-wing Supreme Court justices such as William Rehnquist (who wrote the opinion in Quarles), but by MSNBC pundits like former Obama campaign media aide Joy Reid, who - immediately upon the DOJ's announcement - instantly became a newly minted Miranda expert in order to loudly defend the DOJ's actions. MSNBC's featured "terrorism expert" Roger Cressey - who, unbeknownst to MSNBC viewers, is actually an executive with the intelligence contractor Booz Allen - also praised the DOJ's decision not to Mirandize the accused bomber (if you want instant, reflexive support for the US government's police and military powers, MSNBC is the place to turn these days).

Leave aside how misleading and misinformed this defense is: the DOJ's policy, as documented, is to go well beyond that 1984 "public safety" exception and the DOJ clearly intends to do so here. It's just so telling how this doctrine, in the age of Obama, has been transformed from hated right-wing assault on Miranda rights to something liberals now celebrate and defend even in its warped and expanded version as embraced by the Obama DOJ. Just 30 years ago, Quarles was viewed as William Rehnquist's pernicious first blow against Miranda; now, it's heralded by MSNBC Democrats as good, just and necessary for our safety, even in its new extremist rendition. That's the process by which long-standing liberal views of basic civil liberties, as well core Constitutional guarantees, continue to be diluted under President Obama in the name of terrorism. Just compare the scathing denunciation of this Miranda exception by Marshall, Brennan and Stevens to the MSNBC cheers for it in its enlarged form.

Needless to say, Tsarnaev is probably the single most hated figure in America now. As a result, as Bazelon noted, not many people will care what is done to him, just like few people care what happens to the accused terrorists at Guantanamo, or Bagram, or in Yemen and Pakistan. But that's always how rights are abridged: by targeting the most marginalized group or most hated individual in the first instance, based on the expectation that nobody will object because of how marginalized or hated they are. Once those rights violations are acquiesced to in the first instance, then they become institutionalized forever, and there is no basis for objecting once they are applied to others, as they inevitably will be (in the case of the War on Terror powers: as they already are being applied to others). As Bazelon concludes:

"No one is crying over the rights of the young man who is accused of killing innocent people, helping his brother set off bombs that were loaded to maim, and terrorizing Boston Thursday night and Friday. But the next time you read about an abusive interrogation, or a wrongful conviction that resulted from a false confession, think about why we have Miranda in the first place. It's to stop law enforcement authorities from committing abuses. Because when they can make their own rules, sometime, somewhere, they inevitably will."

Leave aside the fact that Dzhokhar Tsarnaev has been convicted of nothing and is thus entitled to a presumption of innocence. The reason to care what happens to him is because how he is treated creates precedent for what the US government is empowered to do, including to US citizens on US soil. When you cheer for the erosion of his rights, you're cheering for the erosion of your own.

The Jose Padilla precedentIt is true, as noted, that Obama's statement that Tsarnaev will eventually be tried in a court constitutes a rejection of the Graham/McCain/Cheney argument that he be held as an "enemy combatant" more or less indefinitely. It's strange to give credit to a political leader for being willing to charge someone with a crime and allow them a lawyer before imprisoning them, but in our political climate, that's how low the bar is set, because that outcome is far from certain. So those who say that Obama is not replicating Graham's entire advocated course of action are, at least to that extent, correct, provided that Tsarnaev is eventually charged and ends up in a civilian court.

But given how Graham's statements were treated like some sort of shocking aberration, it is worth noting that the US government previously did exactly what he advocated. In 2002, US citizen Jose Padilla was arrested on terrorism charges on US soil (at Chicago's O'Hare International Airport), and shortly before he was to be tried, the Bush administration declared him to be an "enemy combatant", transferred him to a military brig, and then imprisoned him (and tortured him) for the next 3 1/2 years without charges, a lawyer, or any contact with the outside world. That was the incident that most propelled me to start political writing, but it barely registered as a political controversy.

So as extremist as Graham's tweets may have seemed to some, it was already done in the US with little backlash. That demonstrates how easily and insidiously extremist rights assaults become normalized if they are not vehemently resisted in the first instance, regardless of one's views of the individual target.

CAIR speechFor those in New York: I'll be giving the keynote speech this evening to the now-incredibly well-timed annual event of CAIR in New York, entitled "Upholding our Constitution", beginning at 6:00 pm. I believe (though I'm not certain) that there are a couple of tickets still available; information is here.

UPDATE [Sun.]That the Boston Marathon bombing was "an act of terrorism" is now unchallengeable conventional wisdom. Without my adopting it all: Ali Abunimah has an excellent analysis examining whether the evidence exists to make this claim and what is revealed by the embrace of this conclusion.

Similarly, Alan Dershowitz was on BBC radio yesterday and, citing the lack of clarity about motive, said (at the 3:15 mark): "It's not even clear under the federal terrorist statutes that it qualifies as an act of terrorism."


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FOCUS | The Chechen Grievance: Tolstoy's 'Hadji Murad' After Boston Print
Sunday, 21 April 2013 10:46

Lytal writes: "Tolstoy's novel sets the stage for the Chechen grievance - and tribal dysfunction. But what is more piercing...is Tolstoy's insight into the dire symbiosis between heroic desires and boyish innocence."

Tamerlan Tsarnaev, left, and Dzhokhar Tsarnaev. (photo: AP)
Tamerlan Tsarnaev, left, and Dzhokhar Tsarnaev. (photo: AP)


The Chechen Grievance: Tolstoy's 'Hadji Murad' After Boston

By Benjamin Lytal, The Daily Beast

21 April 13

 

As everyone followed the Boston manhunt for the Tsarnaev brothers, thoughts turned to Tolstoy’s final novel, ‘Hadji Murad,’ about Chechen rebels fighting Russian imperialism. Benjamin Lytal checks in on the master’s tale of anti-heroism and betrayal.

n Friday, while CNN was making constant reference to the Tsarnaev brothers' attempt "to go out in a blaze of glory," a micro-meme lit up social media: didn't Leo Tolstoy have a novel about Chechnyan rebels, called Hadji Murad? He does: it was his last, a thin book that everyone should read. While it offers few overt parallels to a case of 21st century terrorism, Tolstoy's novel sets the stage for the Chechen grievance-and tribal dysfunction. But what is more piercing, when Dzokhar Tsarnaev's image is haunting the public eye, is Tolstoy's insight into the dire symbiosis between heroic desires and boyish innocence.

Tolstoy would have been the first to reject an idea like "going out in a blaze of glory." In battle scenes he was a master of anticlimax: perhaps the best-remembered moment in all of War and Peace is young Nikolai Rostov's first cavalry charge: knocked from the saddle by a bullet the bewildered twenty-year-old turns tail: "They're not after me! They can't be after me! Why? They can't want to kill me! Me. Everybody loves me!'" Like, one suspects, many a hunted young man-boy, Nikolai is haunted by "all the love he had from his mother, from his family and his friends." He can't reconcile such a background with all the trouble he has gotten into.

Tolstoy was a complicated man, however. He understood glory, even in its shallowness. Maxim Gorky tells the story, in his priceless Recollections, of Tolstoy's reaction to two proud young cuirassiers, walking down the street in their shining armor. As they approached, he cursed them: "What magnificent idiocy! They're nothing but circus animals trained with a stick . . . " But as they passed, Tolstoy gazed on admiringly: "How beautiful they are! Ancient Romans, eh, Lyovushka?"

Tolstoy's 1904 novel begins with a fifteen-year-old boy staring at the eponymous hero. "Everyone in the mountains knew Hadji Murad, and how he slew the Russian swine." Betrayed by the Chechnyan chieftain, Shamil, Murad is at the novel's beginning a fugitive, wrapped in a burka. The boy can't stop staring at him-indeed, the boy's "sparkling eyes, black as ripe sloes" contain all the sickly-sweet potential of a desperate boy's life. Several chapters later the boy's village, where Murad had taken refuge, will be razed by Russian troops.

The Russians, no less than the Chechnyans, are eager to get a look at Murad. Forced by his feud with Shamil to defect, he arranges to ride over to the Russians: the officer who takes him into custody has no translator, and has to gesture and smile. Murad smiles back, "and that smile struck Poltorátsky by its childlike kindliness. . . . He expected to see a morose, hard-featured man; and here was a vivacious person, whose smile was so kindly that Poltorátsky felt as if he were an old acquaintance. He had but one peculiarity: his eyes, set wide apart, gazed from under their black brows attentively, penetratingly and calmly into the eyes of others." The much-feared Murad charms the Russians. They give him a translator and allow him to pray at the appointed times. "He is delightful, your brigand!" reports an officer's wife. Tolstoy is very sensitive to the way we look at our babyfaced enemies: our outward condescension, our inner relief, our deluded, liberal belief that we already know them.

It is strange that Tolstoy, by this time a guru of peaceful resistance who would inspire Ghandi, wrote his final novel about a hero who kept multiple daggers on his person. To be clear: neither Murad nor the other Chechnyans in Tolstoy's book are terrorists. They are rebel insurgents defending their homeland against Russian invaders, who want to annex the Caucasus in order to connect their empire to Georgia. Murad hopes that the Russians will give him an army that he might march against Shamil. He dreams about how he would "take [Shamil] prisoner, and revenge himself on him; and how the Russian Tsar would reward him, and he would again rule over not only Avaria, but also over the whole of Chechnya." Most Chechnyans in this book are sworn to some form of political violence. But it is usually directed at other Chechnyans: theirs is a world of mutually recognized blood feuds. It is a function of their myopic passion that they think they of the Russian Empire as a pawn in their game.

As with War & Peace or Anna Karenina, Tolstoy built Hadji Murad out of multiple plots, which he cycles between for cunning, highly-contrastive effect. But because Hadji Murad is only 100 pages long, its structure is more obvious, even flashy. Ludwig Wittgenstein, of all people, admired it. It has the cold, distilled clarity of late work. Critic John Bayley reads the book as a fantasy, for Tolstoy, of certainty: the ruthless Murad being the opposite of the Tolstoy who, dying at the Astapovo railway station repeated over and over, "I do not understand what it is I have to do." But the book must also be read as a study in just this kind of indecision. Fit into its 100 pages is every viewpoint: Tolstoy fully characterizes and motivates everyone from Tsar Nicholas I (a useless letch) to individual soldiers-like Butler, a good man heartbreakingly addicted to gambling, or Avdeev, whose death opens up a startling sidelight on his peasant parents-to several of Murad's disciples (notably shy Eldár, with his ram's eyes) to Shamil himself.

In so much context, anybody's brave death basically has to be meaningless. If Murad is a hero, perhaps Bayley is right: it is simply because he is resolute. Tired of waiting on the Russians to make up their minds about his cause, he rides out with his disciples one day, shakes his escort, and makes for the mountains. However, in trying to cut across a flooded rice field, he and his friends are bogged down. They decide to hide, and sleep through the night. Meanwhile a peasant tips off the army. At dawn, Murad finds a line of Russians advancing on one side. On the other-and this is the decisive tactical fact-are Chechnyan fighters who have betrayed him.

With the right soundtrack, in the hands of a Hollywood director, it could have been a blaze of glory. But we know that Murad's life is no longer glorious. He has spent the entire novel in the waiting rooms of Russian generals. The decision to cross the rice field seems stupid, meaningless. Tolstoy is a master of anticlimax. Apocalypse is not, as some terrorists have it, now. If his final novel presents a more balanced view of imperialist politics than even Heart of Darkness (with which it was contemporary), it is because Tolstoy knows there are no climaxes: conflicts like this one will drag on forever.

Ultimately, Tolstoy cares less about glory than about another theme: He's interested in the way that childhood haunts heroism. Murad's head is cut off and carried from camp to camp: "The shaven skull was cleft, but not right through, and there was congealed blood in the nose. . . . Notwithstanding the many wounds on the head, the blue lips still bore a kindly, childlike expression." The Russians who had befriended Murad turn away, shocked.

It is just before his final, rebellious escape, that Murad meditates on his own childhood-and on that of his son, whom he fatefully, tragically wants to rescue. He is reminded of a song, one his mother composed at his birth, addressed to his father:

"Thy sword of Damascus-steel tore my white bosom;

But close on it laid I my own little boy;

In my hot-streaming blood him I laved; and the wound

Without herbs or specifics was soon fully healed.

As I, facing death, remained fearless, so he,

My boy, my dzhigit, from all fear shall be free!"

**All quotes are from Aylmer Maud's translation of Hadji Murad (Orchises: Alexandria, VA, 1996).


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How Boston Exposes America's Dark Post-9/11 Bargain Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=25436"><span class="small">Andrew O'Hehir, Salon</span></a>   
Sunday, 21 April 2013 08:17

O'Hehir writes: "To put it mildly, this has been a bad week for democracy and a worse one for public discourse."

A Boston police officer stands near the scene of a twin bombing at the Boston Marathon, 04/16/13. (photo: Getty Images)
A Boston police officer stands near the scene of a twin bombing at the Boston Marathon, 04/16/13. (photo: Getty Images)


How Boston Exposes America's Dark Post-9/11 Bargain

By Andrew O'Hehir, Salon

21 April 13

 

Why did this story drive the whole country nuts? Because we traded rights for "security," and didn't get either.

o put it mildly, this has been a bad week for democracy and a worse one for public discourse. In the minutes and hours after the bombs went off in Boston last Monday, marathon runners, first responders and many ordinary citizens responded to a chaotic situation with great courage and generosity, not knowing whether they might be putting their own lives at risk. Since then, though, it's mostly been a massive and disheartening national freakout, with pundits, politicians, major news outlets and the self-appointed sleuths of the Internet - in fact, nearly everyone besides those directly affected by the attack - heaping disgrace upon themselves.

We've seen the most famous TV network in the news business repeatedly botch basic facts, while one of the country's largest-circulation newspapers misreported the number of people killed, launched a wave of hysteria over a "Saudi national" who turned out to have nothing to do with the crime, and then published a cover photo suggesting that two other guys (also innocent) might be the bombers. We've seen the vaunted crowd-sourcing capability of Reddit degenerate into self-reinforcing mass delusion, in which a bunch of people whose law-enforcement expertise consisted of massive doses of "CSI" convinced themselves that a missing college student was one of the bombing suspects. (He wasn't - and with that young man's fate still unknown, how does his family feel today?)

We've watched elected officials and political commentators struggle to twist every nubbin of news or rumor toward some perceived short-term tactical advantage. It was as if the only real importance of this horrific but modestly scaled terrorist attack lay in how it could prove the essential rightness of one's existing worldview, and - of course! - how it would play in the 2014 midterms. On the right, people were sure the Boston bombings were part of a massive jihadi plot - no doubt one linked to al-Qaida and Iran and Saddam Hussein and all the other landmarks in the connect-the-dots paranoid worldview of Islamophobia. (In fact, many people are still convinced of that.) On the left we heard a lot of theories about Patriots' Day and Waco and Oklahoma City, along with the argument that it would be better for global peace if the bombers turned out to be white Americans rather than foreign Muslims. (I sympathize with the underlying point David Sirota was making there, by the way, but the way it was phrased was deliberately inflammatory.)

How long did it take conservative pundits and politicians, after the bombing suspects were identified as Tamerlan and Dzhokhar Tsarnaev, immigrant brothers of Chechen heritage born in Kyrgyzstan, to seize on that fact as a reason to walk back the supposed Republican change of heart on immigration reform? Was it even five minutes? Never mind that the young men in question came here as war refugees in childhood, one was an American citizen and the other a legal resident, and we still have no idea what role their religion and national background may or may not have played in motivating the crime. It's hard to imagine what possible immigration laws could have categorically excluded them, short of a magic anti-Muslim force field. And don't even get me started on the irrelevant but unavoidable fact that the shameless, butt-licking lackeys of the Senate's Republican caucus (with a few Democrats along for the ride) took advantage of the post-Boston confusion to do Wayne LaPierre's bidding and kill a modest gun-reform bill supported by nearly the entire American public.

I might have assumed, in other circumstances, that the Family Research Council's press release suggesting that the Boston bombings were caused by abortion, "sexual liberalism" and hostility to religion was actually an Onion article. Or that right-wing pundit Pat Dollard's now-famous tweet ("GEORGE BUSH KEPT US SAFE FOR 8 YEARS") came from some Brooklyn hipster's parody account. But nothing, it seems, is too painful or stupid or wrong for this particular week. There are many reasons why this happened: A terrorist bombing at the Boston Marathon is a big news story by any measure, and this news story happened in a disordered media climate that's changing so fast no one can keep up with it. Our political culture is so fundamentally broken and divided that people on all sides seized on the story as a weapon and a symbol long before we had any idea who was behind the crime. (It would be almost too perfect if the loaded question of whether the Boston bombings were foreign or domestic terrorism turns out not to have a clear answer, as now seems possible: A little bit of both, but not quite either.)

But I think the real reason why this gruesome but small-scale attack sent the whole country into such an incoherent panic lies a little deeper than that. As a New Yorker who lived through 9/11, by the way, I'm aware that the trauma felt by people in and around Boston, whether or not they were directly affected, is real and likely to last quite a while. What I'm talking about is the media spectacle of fear and unreason delivered via TV, news sites and social media, the nationwide hysteria that made a vicious act apparently perpetrated by two losers with backpack bombs seem like an "existential threat" (to borrow a little bogus "Homeland"-speak) to the most powerful nation in the world.

Because it was, in a way. In America after 9/11, we made a deal with the devil, or with Dick Cheney, which is much the same thing. We agreed to give up most of our enumerated rights and civil liberties (except for the sacrosanct Second Amendment, of course) in exchange for a lot of hyper-patriotic tough talk, the promise of "security" and the freedom to go on sitting on our asses and consuming whatever the hell we wanted to. Don't look the other way and tell me that you signed a petition or voted for John Kerry or whatever. The fact is that whatever dignified private opinions you and I may hold, we did not do enough to stop it, and our constitutional rights are now deemed to be partial or provisional rather than absolute, do not necessarily apply to everyone, and can be revoked by the government at any time.

The supposed tradeoff for that sacrifice was that we would be protected, at least for a while, from the political violence and terrorism and low-level warfare that is nearly an everyday occurrence in many parts of the world. According to the Afghan government, for example, a NATO air attack on April 6 killed 17 civilians in Kunar province, 12 of them children. We've heard almost nothing about that on this side of the world, partly because the United States military has not yet admitted that it even happened. But it's not entirely fair to suggest that Americans think one kid killed by a bomb in Boston is worth more than 12 kids killed in Afghanistan. It's more that we live in a profoundly asymmetrical world, and the dead child in Boston is surprising in a way any number of dead children in Afghanistan, horrifyingly enough, are not. He lived in a protected zone, after all, a place that was supposed to be sealed off from history, isolated from the blood and turmoil of the world. But of course that was a lie.

We are supposed to be protected, and then something like Boston comes along, a small-minded and bloody attack that appears to have been conducted by a couple of guys flying under the radar of law enforcement or national intelligence, pursuing some obscure agenda we will probably never understand. (We have recently learned that Tamerlan Tsarnaev and his family were interviewed by the FBI in 2011, apparently at the request of Russian intelligence, and agents found "no derogatory information." Is that the right's new Benghazi I smell?) Not only does it conjure up all the leftover post-traumatic jitters from 9/11 - which for many of us will be there for the rest of our lives - it also makes clear that our Faustian bargain was completely bogus, and the devil never intended to hold up his end of the deal. We surrendered our rights to a government of war criminals, who promised us certainty and security in a world that offers none. We should have known better, and in fact we did. At the literal birth moment of American democracy, Benjamin Franklin summed it up in a single sentence: "Those who would give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."


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FOCUS | The Dis-Uniting of America (Part 2) Print
Saturday, 20 April 2013 10:05

Reich writes: "Over time, though, older, rural, white America is losing ground to a nation becoming ever younger, more urban, and increasingly non-white - a fact that threatens the former so much that it's in full backlash against the forces of change."

Portrait, Robert Reich, 08/16/09. (photo: Perian Flaherty)
Portrait, Robert Reich, 08/16/09. (photo: Perian Flaherty)


The Dis-Uniting of America (Part 2)

By Robert Reich, Robert Reich's Blog

20 April 13

 

y first reaction on hearing of the Senate's failure to get 60 votes for even modest measures to regulate the flow of guns into the hands of people who shouldn't have them, such as background checks supported by 90 percent of Americans, was to be furious at the spinelessness of the four Senate Democrats who voted against the measure (Mark Begich, Max Baucus, Mark Pryor, and Heidi Heitkamp), as well as the Republicans. And also with Harry Reid, who wouldn't lead the fight on changing the filibuster rule when he had the chance.

The deeper message here is that rural, older, white America occupies one land; younger, urban, increasingly non-white America lives in another. And the dividing line on social issues (not just guns, but also abortion, equal marriage rights, and immigration reform) runs between the two.

Yes, I know: Plenty of people who are rural, older, and white aren't regressives on guns, abortion, equal marriage, and immigration. And plenty who are urban, younger, and non-white are. My point is that if you want to explain what's happening in America on these non-economic issues you have to understand what's happening to the nation demographically - and why the demographic split is important.

Begich, Baucus, Pryor, and Heitkamp may be Democrats but they're also from rural, older, white America. That land has disproportionate political power in the Senate, and a gerrymandered House - which may not bode well for immigration reform over the next few months, and suggests continuing battles over "state's rights" to determine who can marry and when human life begins.

Over time, though, older, rural, white America is losing ground to a nation becoming ever younger, more urban, and increasingly non-white - a fact that threatens the former so much that it's in full backlash against the forces of change.



Robert B. Reich, Chancellor's Professor of Public Policy at the University of California at Berkeley, was Secretary of Labor in the Clinton administration. Time Magazine named him one of the ten most effective cabinet secretaries of the last century. He has written thirteen books, including the best sellers "Aftershock" and "The Work of Nations." His latest is an e-book, "Beyond Outrage." He is also a founding editor of the American Prospect magazine and chairman of Common Cause.


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The Power of False Narratives Print
Friday, 19 April 2013 14:27

Parry writes: "Over the past several decades, the American Right has invested heavily in media outlets and think tanks with the goal of imposing right-wing historical narratives on the nation."

The Senate voted down a key amendment to the Democratic gun bill. (photo: CBS/iStockphoto)
The Senate voted down a key amendment to the Democratic gun bill. (photo: CBS/iStockphoto)


The Power of False Narratives

By Robert Parry, Consortium News

19 April 13

 

ver the past several decades, the American Right has invested heavily in media outlets and think tanks with the goal of imposing right-wing historical narratives on the nation. That investment has now paved the way for defeat of modest gun-control legislation in the U.S. Senate.

Because of this well-financed right-wing propaganda, millions of Americans have been convinced that the Framers of the U.S. Constitution wanted individual Americans armed to the teeth so they could kill policemen, soldiers and other government representatives. Thus any restriction on gun ownership, no matter how sensible, is deemed as going against the nation's Founding Fathers.

The fact that the key Framers, such as James Madison and George Washington, actually believed that the people would be protected against tyranny through a representative Republic operating within the rule of law and the checks and balances of a Constitution has been lost amid the Right's propaganda and paranoia.

Madison only grudgingly agreed to incorporate a Bill of Rights at all as a deal to secure the necessary votes for the Constitution's ratification, with the Second Amendment essentially a concession to the states which wanted to protect their right to maintain citizen militias.

At the time, the right to bear arms within the context of "a well-regulated Militia" was not understood as a "libertarian" right to have an unregulated arsenal in your basement or the right to stride into public gatherings with a semi-automatic assault rifle with a 100-bullet magazine over your shoulder. In 1789, when Congress approved the Second Amendment, muskets were single-shot devices requiring time-consuming reloading.

And, as the Second Amendment explains, its purpose was to maintain "the security of a free State," not to undermine that security with mass killings of civilians or insurrections against the elected government representing "We the People of the United States." Under the Constitution, such insurrections were defined as "treason."

But the Right has successfully abridged the Second Amendment as it is now understood by many ill-informed Americans. The 12-word preamble - explaining the point of the amendment - gets lopped off and only the last 14 words are left as the unofficially revised amendment.

So, when the likes of Tea Party favorite Sen. Ted Cruz lectures fellow senators on the Second Amendment, he doesn't include the preamble, "A well-regulated Militia being necessary to the security of a free State." He only reads the rest: "the right of the people to keep and bear Arms shall not be infringed." Nor do the Tea Partiers note that to Madison and the Framers the term "bear Arms" meant to participate in a militia, not to have as many guns as you want.

The real history has gotten lost in a swamp of false narrative, the sort of ideological deceptions that have come to dominate the current American political scene and have given us an Orwellian present in which he "who controls the past" really does "control the future."

Obama's Bow

Now, even intelligent politicians like President Barack Obama genuflect before the mythology of the Second Amendment as he did on Wednesday when he stood with parents of children massacred in Newtown, Connecticut, and repeatedly argued that a defeated compromise on background checks for gun buyers in no way impinged on anyone's Second Amendment rights.

No one, it seems, wants to get into the reeds on this issue and take on the Right's false narrative, apparently hoping that those distortions can be simply overridden by public outrage against the thousands upon thousands of Americans who are killed by gun violence every year. But the failure to contest false narratives, especially ones as powerful as the nation's founding myth, effectively dooms rational policy discussions.

If the Right can rile up a lot of people with neo-Confederate appeals against the "tyranny" of the federal government, the United States cannot face its future challenges, whether stopping school massacres or effectively regulating Wall Street or reducing income inequality or addressing the existential threat of global warming. All such efforts will simply be dismissed as federal assaults on "liberty."

Most perniciously, the Right - through its propaganda - has equated the federal government with the British Crown, treating any national effort to deal with domestic problems as the same as British troops marching on Lexington and Concord. That's the message in the Tea Party's hijacking of Revolutionary War imagery.

Yet, that would mean that Revolutionary War heroes like George Washington and Alexander Hamilton - as well as the Constitution's chief architect James Madison - are stand-ins for King George III, since they were the ones who organized the Constitutional Convention in 1787.

The Constitution dramatically strengthened the central government from its status as a "league of friendship" dominated by "independent" and "sovereign" states under the Articles of Confederation. The power grab in Philadelphia was what gave rise to the first claims about a powerful central government imposing federal "tyranny."

Anti-Federalists rose to oppose the Constitution, in part, by claiming that federal authorities might destroy the system of state militias and then crush the individual states. Madison ridiculed that argument in Federalist Paper 46, which ironically is one that the gun-rights advocates often cite in arguing in favor of a fully armed population.

But Madison's key point in Federalist Paper 46 was that when critics cite the Constitution's potential for a tyrannical central government, they miss the point that it would consist of representatives from the states and the people.

"The adversaries of the Constitution seem to have lost sight of the people altogether in their reasonings on this subject," Madison wrote. "These gentlemen [the Anti-Federalists] must here be reminded of their error. They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone. …

"If … the people should in future become more partial to the federal than to the State governments, the change can only result, from such manifest and irresistible proofs of a better administration. … And in that case, the people ought not to be precluded from giving most of their confidence where they may discover it to be most due."

Mocking the Paranoia

In Federalist Paper 46, Madison then went on to offer a series of reasons why the Anti-Federalists' fear of the strengthened federal government was absurd, especially since Congress would consist of representatives from the states and those representatives would assert the interests of their states.

Madison also rejected comparisons between the imagined tyranny by the federal government over the states and the violent imposition of authority by the British Crown over the American colonies. He wrote:

"But what would be the contest in the case we are supposing [between the federal government and the states]? Who would be the parties? A few representatives of the people, would be opposed to the people themselves; or rather one set of [federal] representatives would be contending against thirteen sets of representatives [of the states], with the whole body of their common constituents on the side of the latter.

"The only refuge left for those who prophecy the downfall of the State Governments, is the visionary supposition that the Federal Government may previously accumulate a military force for the projects of ambition. …

"That the people and the States should for a sufficient period of time elect an uninterrupted succession of men ready to betray both; that the traitors should throughout the period, uniformly and systematically pursue some fixed plan for the extension of the military establishment; that the governments and the people of the States should silently and patiently behold the gathering storm, and continue to supply the materials, until it should be prepared to burst on their own heads, must appear to every one more like the incoherent dreams of a delirious jealousy , or the misjudged exaggerations of a counterfeit zeal, than like the sober apprehension of genuine patriotism."

In other words, Madison judged this alleged danger of the federal government tyrannizing the states as nuts.

It is true that he continues in Federalist Paper 46 to play out what to him was the absurd notion of federal tyranny, noting that this imaginary federal army of oppression also would have to contend with state militias consisting of armed citizenry - which is the point frequently cited by gun-rights advocates - but the context of those quotes is that Madison had already dismissed the possibility of such an event as crazy.

The Civil War

Granted, one could argue that Madison failed to fully see into the future as he argued for the ratification of the Constitution, which he had worked so hard to create. For instance, as slavery became a contentious issue in the mid-1800s, Southern states rebelled in defense of the rights of whites to own blacks and then violently resisted President Abraham Lincoln's efforts to bring the Confederate states back into the Union.

To this day, some white Southerners call the Civil War the War of Northern Aggression. In the 1950s and 1960s, the pattern played out again, albeit much less violently, when many white Southerners resisted the federal government's outlawing of racial segregation. To some white Southerners that was another example of federal "tyranny."

You could also say that Madison missed the emergence of the post-World War II Military-Industrial Complex in which military contractors accumulated so much political and economic power both within states and inside the federal government that the American people did "silently and patiently behold the gathering storm, and continue to supply the materials, until it should be prepared to burst on their own heads."

However, it is a gross distortion of history to cite Madison as someone who favored a "libertarian" right for citizens to operate on their own in the killing of police, soldiers and other representatives of the Republic. Rather, his proposal of the Second Amendment was a concession to what he regarded as paranoia among states'-rights advocates within the Anti-Federalist circles.

Indeed, one could argue that the Second Amendment has never been used to protect individual liberty, unless you're talking about the "liberty" of white Southerners to own African-Americans as slaves.

Beyond the language in the amendment's preamble about "a well-regulated Militia" and state "security," that is exactly how the Second Amendment was used. After being approved by the first Congress and ratified by the states, the amendment was given real meaning when the second Congress passed the Militia Acts, which mandated that all military-age white males obtain a musket and supplies for militia service.

President Washington then federalized several state militias and led them on an expedition into western Pennsylvania in 1794 to crush an anti-tax revolt known as the Whiskey Rebellion. The uprising was treated as an act of treason as defined by the U.S. Constitution, although Washington used his pardon power to spare rebel leaders from execution by hanging.

Over the ensuing years in the South, state militias were called up to put down slave revolts, with the rebellious slaves not as lucky as the white Whiskey rebels. For instance, in 1800, Virginia Gov. James Monroe called out the militia to stop an incipient slave uprising known as Gabriel's Rebellion. Twenty-six alleged conspirators were hanged.

Southern militias also were instrumental in the secession by the Confederate states after Lincoln's election in 1860. Again, the central concern of the Confederacy was the maintenance and protection of slavery.

Jefferson's Words

Yes, I know some on the Right have cherry-picked incendiary comments by other Founders, such as Thomas Jefferson and his remark that "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants" (although the context was Jefferson's boasting that the new United States had seen little violence since its founding, with the exception of Shays Rebellion in Massachusetts in 1786-87). Jefferson also had very little involvement in writing the Constitution and the Bill of Rights since he was serving as the U.S. representative in Paris.

Many other right-wing citations of Founders favoring armed insurrection against the elected U.S. government have been taken out of context or were simply fabricated. [See a summary of dubious quotes compiled by Steven Krulick.]

But the key point about the Second Amendment is that it was never about an individual's right to possess guns without restrictions. It was framed mostly out of concern that a standing federal army could become excessively powerful and that the states should maintain their own citizen militias. [See Krulick's detailed explanation.]

Only in modern times, with the emergence of an American Right angry over the idea of racial equality, has the Second Amendment been reframed as a "libertarian" right to kill representatives of the elected government. That attitude flared up after Bill Clinton's victory in 1992 and the rise of the "militia movement," which found a voice in the angry white radio talk show hosts who popularized the supposed linkage between the Framers and modern-day insurrectionists.

After President George W. Bush claimed the White House and added two more right-wing justices to the U.S. Supreme Court, a slim five-to-four majority formed giving the Right's reinterpretation of the Second Amendment some official sanction in 2008. The five justices overturned longstanding precedents recognizing only a collective right to bear arms and endorsed a limited individual right to own a gun.

Then, with the election of the first African-American president and the demographic change that Obama's victory represented, the frenzy surrounding the Right's false founding narrative heated up, with anti-government extremists naming themselves after the Boston Tea Party, an anti-British protest in 1773, and waving "Don't Tread on Me" Revolutionary War banners.

This symbolism merging the American Republic with the British Empire was profoundly wrong - especially since many Revolutionary War leaders including General Washington and his aide-de-camp Alexander Hamilton - were central to expanding federal powers in the Constitution. But the Right's use of the Founding symbols was powerful nonetheless.

Essentially, however, the Tea Party operatives were not harkening back to the Constitution as much as they were to the Articles of Confederation, which the Constitution replaced, and to the Southern Confederacy, which sought to withdraw from the Constitution in the early 1860s. Today's Tea Partiers are advocating a restoration of a system of states' "sovereignty" that Washington, Madison and Hamilton overturned in 1787 and which Lincoln defeated in 1865.

But the modern Right has figured out a new way to circumvent the real Constitution, which granted broad powers to the central government and which - as amended - guaranteed equal rights for all citizens. The Right has simply invested billions of dollars in a propaganda system that has revised American history.

The absence of any determined - or well-funded - effort to counter the Right's false narratives has allowed this fabricated history to become real for millions of Americans. And, on Wednesday, it meant that even modest attempts to impose some sanity on the national gun madness, including the slaughter of children, was stopped in the U.S. Senate.



Robert Parry broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek. His latest book, "Neck Deep: The Disastrous Presidency of George W. Bush," was written with two of his sons, Sam and Nat, and can be ordered at neckdeepbook.com. His two previous books, "Secrecy & Privilege: The Rise of the Bush Dynasty from Watergate to Iraq" and "Lost History: Contras, Cocaine, the Press & 'Project Truth'" are also available there.

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