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"The Right to Do Whatever I Want as President": Impunity Guaranteed for Torturers (and Presidents) Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=31568"><span class="small">Rebecca Gordon, TomDispatch</span></a>   
Saturday, 22 February 2020 09:19

Gordon writes: "On February 5th, the Senate voted to acquit President Donald J. Trump of abuse of power and obstruction of Congress. In other words, Trump's pre-election boast that he 'could stand in the middle of Fifth Avenue and shoot somebody' and not 'lose any voters' proved something more than high-flown hyperbole."

The White House at night. (photo: Susan Walsh/AP)
The White House at night. (photo: Susan Walsh/AP)


"The Right to Do Whatever I Want as President": Impunity Guaranteed for Torturers (and Presidents)

By Rebecca Gordon, TomDispatch

22 February 20

 


He was the candidate who, in a 2016 election campaign debate, swore that, as president, he’d “bring back a hell of a lot worse than waterboarding.” At another event, Donald J. Trump insisted: "Don't tell me it doesn't work -- torture works!" And at one of his campaign rallies that year, he explained that he (and he alone of all the candidates) would expand the use of torture against terror suspects while staying “within the laws” in the simplest way possible: “You know what we're going to do? We're going to have those laws broadened.”

As an expert on the global campaign of torture the CIA launched with the backing of the highest officials in the Bush administration, TomDispatch regular Rebecca Gordon uses the latest testimony in pre-trial hearings at Guantánamo Bay to give us a deeper sense of how impunity entered our world long before Donald Trump got elected. After all, in that offshore Bermuda Triangle of injustice, a previous administration had already “broadened” -- that is, banished -- the very idea of the rule of law to create a lawless universe of American injustice, one that in our age has spread to our borderlands, to the mainland, and above all to the White House.

So prepare yourself. In the wake of the impeachment fiasco in the Senate, Donald Trump is now free to torture us all.

-Tom Engelhardt, TomDispatch


“The Right to Do Whatever I Want as President”
Impunity Guaranteed for Torturers (and Presidents)

n February 5th, the Senate voted to acquit President Donald J. Trump of abuse of power and obstruction of Congress. In other words, Trump’s pre-election boast that he “could stand in the middle of Fifth Avenue and shoot somebody” and not “lose any voters” proved something more than high-flown hyperbole. (To be fair, he did lose one Republican “voter” in the Senate -- Mitt Romney -- but it wasn’t enough to matter.)

The Senate’s failure to convict the president will only confirm his conception of his office as a seat of absolute power (which, as we’ve been told, “corrupts absolutely”). This is the man, after all, who told a convention of student activists, “I have an Article II, where I have the right to do whatever I want as president. But I don’t even talk about that.” Except, of course, he does.

The day after the Senate vote, a decidedly unchastened Trump spoke at a National Prayer Breakfast, brandishing a copy of USA Today whose banner headline contained a single word: “Acquitted.” After disagreeing with the prayerful suggestion offered by Arthur Brooks, former head of the conservative American Enterprise Institute (and a couple of millennia earlier by one Jesus of Nazareth), that we should love our enemies, the president promptly accused both Mitt Romney and House Speaker Nancy Pelosi of inadequate prayerfulness. He lumped Romney in with people “who use their faith as justification for doing what they know is wrong” and accused Pelosi, not for the first time, of lying when she says she prays for him.

Trump’s endless boasting about his invulnerability can certainly be blamed on the dismal swamp of his own psyche, but there’s another at least partial explanation for it -- and it lies in the country’s collective failure to hold anyone responsible for crimes committed since 2001 in the “war on terror.” If one administration can get away with confining detainees in coffinlike boxes and torturing them in myriad other ways, why shouldn’t a later one go unpunished for, to take but one example, putting migrant children in cages?

Forward, Not Backwards

In 2009, Barack Obama prepared to enter the Oval Office promising to end the worst excesses of the previous administration’s war on terror. Although he did close the CIA's detention centers and prohibit torture, he also quickly signaled that no one would be held accountable for the already well-documented practice of torture promoted by the administration of George W. Bush and his vice president, Dick Cheney. A week or so before Obama’s inauguration, the president-elect was already assuring ABC News’s George Stephanopoulos that, although there would be prosecutions if “somebody has blatantly broken the law,” on the whole he believed “that we need to look forward as opposed to looking backwards.”

In particular, Obama was concerned that government operatives should not be hampered in the future by fear of prosecution for past acts sanctioned by top officials:

“And part of my job is to make sure that, for example, at the CIA, you’ve got extraordinarily talented people who are working very hard to keep Americans safe. I don’t want them to suddenly feel like they’ve got to spend all their time looking over their shoulders.”

As it turned out, they need not have worried. On April 17, 2009, as Carrie Johnson and Julie Tate reported in the Washington Post, “President Obama and Attorney General Eric H. Holder Jr. reassured CIA employees anew yesterday that interrogators would not face criminal prosecution so long as they followed legal advice.” As Holder put it, “It would be unfair to prosecute dedicated men and women working to protect America for conduct that was sanctioned in advance by the Justice Department.”

The legal advice in question had been contained in a series of infamous memos written by that department’s Office of Legal Counsel (OLC) between 2002 and 2005. In them, the legal definition of torture was “clarified” for a nervous attorney general, Alberto Gonzalez, and the CIA. One memo, drafted by Deputy Assistant Attorney General John Yoo and signed by Assistant Attorney General for the OLC Jay Bybee, explained that to “constitute torture” under the law, physical pain “must be equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function, or even death.” To meet the legal definition of psychological torture, mental suffering “must result in significant psychological harm of significant duration, e.g., lasting for months or even years.”

Not surprisingly, despite the previous administration’s stamp of approval on what were euphemistically called "enhanced interrogation techniques," a three-year investigation by the Obama Justice Department into CIA interrogation practices came to a whimpering end in August 2012, when Holder announced that the only two remaining torture cases, both of which involved deaths in U.S. custody, would be dropped.

A year earlier, as Glenn Greenwald reported in the Guardian, Holder had decided not to prosecute anyone in 99 other cases of “severe detainee abuse.” The two remaining cases concerned the death by torture and hypothermia of Gul Rahman in the CIA’s notorious Salt Pit prison in Afghanistan in 2002 and that of “Manadel al-Jamadi, who died in CIA custody after he was beaten, stripped, had cold water poured on him, and then [was] shackled to the wall” at Abu Ghraib prison in Iraq.

Among those Holder presumably chose not to charge were the men responsible for designing and implementing the protocols that led to Rahman’s death, along with tortures like waterboarding and “walling” (the slamming of the back of a prisoner’s head repeatedly into a wall). Thus ended any hope of holding torturers legally accountable in the United States of America, early proof of the kind of impunity that has, in the Trump years, spread elsewhere.

Torturer Redux

Shortly before Donald Trump’s recent triumph in the Senate, one of those “extraordinarily talented people” hailed by President Obama resurfaced in a courtroom not as a defendant, but as a hostile witness. James Mitchell was called to the stand by the defense at pre-trial hearings at the Guantánamo detention facility in Cuba, the offshore prison for detainees in the war on terror set up by the Bush administration in 2002. In the dock almost 18 years later are five men, long held there, who have been accused of involvement in the 9/11 terrorist attacks. The most notorious is Khalid Shaikh Mohammed, often described as 9/11’s “mastermind.”

Mitchell is one of the two psychologists -- the other being John “Bruce” Jessen -- who designed the CIA’s main torture program. He has the honor of being considered the inventor of waterboarding, a series of techniques aimed at producing water-induced suffering that have formed part of the armamentarium of torturers for centuries. (Perhaps “reinventor” would be the more accurate term.) Mitchell was, in fact, the first person to perform waterboarding in the war on terror, as well as being the architect of walling, of confining victims in tiny boxes, and of a variety of other grim “enhanced interrogation techniques” first employed at CIA “black sites” set up around the world in those years.

Called by defense attorneys to describe the torture their clients endured, a “defiant” Mitchell told the courtroom, “I’d get up today and do it again.”

As New York Times reporter Carol Rosenberg explained, Mitchell was not actually talking about what he did to any of the five defendants in the dock at Guantánamo, although he did torture some of them. He was referring to the first prisoner to be waterboarded under the CIA torture program, Saudi national Abu Zubaydah who was waterboarded a total of 83 times over the course of a single month. President George W. Bush’s secretary of defense, Donald Rumsfeld, claimed (falsely, as it turned out) that he was “if not the number two, very close to the number-two person in” al-Qaeda and that he had run an al-Qaeda training camp in Afghanistan.

In fact, as the Obama administration acknowledged in 2010, Abu Zubaydah was never even a member of that group, let alone one of its key lieutenants. Captured in a joint CIA-FBI operation in Pakistan in 2002, he would be shuffled between CIA black sites for the next four-and-a-half years, including the Agency’s secret “Strawberry Fields” site at Guantánamo. In part because of what the CIA did to him, Abu Zubaydah remains imprisoned there to this day. According to CIA recommendations, he is never to be “placed in a situation where he has any significant contact with others and/or has the opportunity to be released.”

Nevertheless, Mitchell oversaw the 83 times Abu Zubaydah was waterboarded in a single month at a CIA black site in Thailand, during which he came close to death by drowning. On one of those occasions, as the Senate Intelligence Committee’s 2014 report on CIA torture revealed, he was observed to be “completely unresponsive, with bubbles rising through his open, full mouth.”

Not unlike our president, Mitchell seems to be deeply hurt by what he perceives as unfair criticism. “You folks have been saying untrue and malicious things about me and Dr. Jessen for years,” he complained to defense attorneys at the Guantánamo hearing. People may have said mean things about him, but in reality, far from being held accountable for torture, James Mitchell has luxuriated in his impunity, earning royalties from his book Enhanced Interrogation: Inside the Minds and Motives of the Islamic Terrorists Trying To Destroy America and giving speeches arranged through the Worldwide Speakers Group (which advertises him as “psychologist, CIA interrogator, author”) at $15,000 to $25,000 a pop.

Nor did Mitchell fare poorly while employed by the CIA.  In fact, the Agency paid the company Mitchell and Jessen formed $81 million for their work. In addition, their contract included language guaranteeing that the U.S. government would cover any legal costs they incurred as a result of that work through the year 2021. This would turn out to come in handy when, in 2015, the American Civil Liberties Union (ACLU) sued the two of them on behalf of three of their victims: Suleiman Abdullah Salim, Mohamed Ahmed ben Soud, and the family of Gul Rahman, the detainee who had died of exposure to cold at the Salt Pit. Mitchell and Jessen settled the case in 2017 for an undisclosed sum, also paid by the U.S. government.

It Never Gets Easier

You’d think it would get easier over time. For almost two decades, I’ve been writing about torture. By now, you might imagine that I’d be at least somewhat desensitized to details about and descriptions of it. Instead, each time I dive into that cesspool, it appears even more disgusting and frightening.

If it’s hard for me, someone who has never been tortured and has spoken face-to-face with only a few torture survivors, imagine what it must be like for those who have survived the Bush-era torture programs, which went on for an unknown number of years. Actually, you don’t have to do too much imagining, since their testimony about how such abuse affected some of them and how lasting those effects were is available. In 2016, New York Times reporters Matt Apuzzo, Sheri Fink, and James Risen published a series of articles under the title “How U.S. Torture Left a Legacy of Damaged Minds.”

One of those profiled was Suleiman Abdullah Salim, a plaintiff in the ACLU suit against Mitchell and Jessen. A Tanzanian native, Salim was picked up in Mogadishu, Somalia, and turned over to U.S. operatives for reasons that remain murky. It’s most likely he was a victim of mistaken identity (and he wouldn’t have been the only such prisoner in the war on terror). We know, at least, that the Americans who bundled him onto a plane were expecting a Yemeni Arab and someone with much lighter skin. He ended up in Afghanistan at a black site he recalls as “the Darkness,” which was, in fact, the Salt Pit. There he was beaten, walled, shackled in complete darkness, exposed to relentless loud music, confined in a coffinlike box, repeatedly hung by the wrists -- once for 48 hours straight -- and drenched at times with ice water until he feared he was drowning.

Eventually, the CIA moved Salim to a prison at Bagram Airbase outside the Afghan capital, Kabul. In 2008, he was turned loose in Afghanistan with only the clothes he was wearing. The International Red Cross arranged a flight home to Zanzibar, Tanzania, where he still lives, haunted by the Darkness.

In 2010, the Times' Risen wrote, “Dr. Sondra Crosby of the Boston University School of Medicine, a physician, a Navy reservist and an expert on torture, was asked by Physicians for Human Rights, a New York-based group, to evaluate Mr. Salim.” She found that he was emaciated “like a skeleton” and “plagued by profound distress, inability to eat, and inability to sleep.” Risen’s report continues:

“‘He describes himself as a ghost walking around the town,’ she added. She noted other symptoms: flashbacks, short- and long-term memory loss, distress at seeing anyone in a military uniform, hopelessness about the future and a strong avoidance of noise. ‘He reports that his head feels empty — like an empty box,’ she said.”

The Times series also chronicled the suffering of another plaintiff in the case against Mitchell and Jessen: Mohamed ben Soud. He, too, was held at the Salt Pit, where his ordeal involved many of the same torture methods Salim had endured. Today, he has full-blown post-traumatic stress disorder. “He is racked with self-doubt and struggles to make simple decisions. His moods swing dramatically,” reported the Times.

First, Do No Harm?

The pre-trial hearings at Guantánamo have also revealed the rarely discussed role of doctors and other medical workers in the U.S. torture program. Apparently the reason we know that Abu Zubaydah was waterboarded 83 times and Khalid Shaikh Mohammed 183 times is that, as James Mitchell testified in January, a doctor was indeed present inside the torture chamber and used a little metal click-counter to keep track. According to the Times’s Rosenberg, however, doctors

“did more than count waterboarding sessions. Government investigations and evidence in the pretrial hearings of the men... show doctors conducted ‘rectal rehydration,’ carried out rectal cavity searches, and examined swollen feet and legs of captives who were sleep deprived for days by being shackled in painful positions.”

There is undoubtedly more to be uncovered about the role of medical personnel at the CIA’s global black sites. Indeed, there is more to be uncovered about all the ways in which detainees were stripped not only of their human rights but, at least in the minds of their tormentors, of their very humanity. At one point in his testimony, for instance, Mitchell turned to the attorney for Ammar al-Baluchi, one of the five 9/11 defendants. Speaking of Charlie Wise, the CIA interrogation chief and the rest of his crew, Mitchell said, “Looks like they used your client as a training prop.” According to the Guardian’s Julian Borger, in fact, under Wise’s leadership, “trainees had to use each of their techniques on Baluchi and other inmates in order to earn certification.”

And Mitchell himself used Abu Zubaydah as a demonstration prop, so bigwigs at the CIA would be implicated in what he was doing. Borger reports that “he waterboarded Abu Zubaydah even though he was quite sure the detainee had no actionable intelligence to surrender. It was done purely as a demonstration for the agency VIPs.”

The Price of Impunity

Thanks to the cowardice of the Obama administration, no CIA officer or any higher official in the administration of George W. Bush and Dick Cheney, no psychologist, no doctor, no one at all has yet been held accountable for the years of torture practiced on a global scale in the war on terror. Donald Trump himself, of course, got elected while publicly proclaiming about waterboarding that “I like it a lot” and he reportedly considered Gina Haspel’s black-site torture experiences a positive part of her résumé when considering her for CIA director. Mitchell, of course, continues to make speeches and collect his royalties. George W. Bush has been rehabilitated as a kindly portrait painter.

Is it really so surprising, then, that we now have a man in the Oval Office who believes he has “the right to do whatever I want as president”? The history of the twenty-first-century war on terror suggests that, if he doesn’t have the right, he certainly appears to have the power.



Rebecca Gordon, a TomDispatch regular, teaches at the University of San Francisco. She is the author most recently of American Nuremberg: The U.S. Officials Who Should Stand Trial for Post-9/11 War Crimes and is now at work on a new book on the history of torture in the United States.

Follow TomDispatch on Twitter and join us on Facebook. Check out the newest Dispatch Books, John Feffer’s new dystopian novel (the second in the Splinterlands series) Frostlands, Beverly Gologorsky's novel Every Body Has a Story, and Tom Engelhardt's A Nation Unmade by War, as well as Alfred McCoy's In the Shadows of the American Century: The Rise and Decline of U.S. Global Power and John Dower's The Violent American Century: War and Terror Since World War II.

Copyright 2020 Rebecca Gordon

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The Internal Emails Big Tech Executives Never Wanted You to See Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=53414"><span class="small">Rob Larson, Jacobin</span></a>   
Saturday, 22 February 2020 09:19

Larson writes: "Congress is demanding that Silicon Valley companies release their internal emails. If history is any guide, we know what to expect: revelations of anti-worker scheming, corporate power plays, and all sorts of other malevolent machinations."

Hands typing on a computer keyboard. (photo: hamburg_berlin/Shutterstock)
Hands typing on a computer keyboard. (photo: hamburg_berlin/Shutterstock)


The Internal Emails Big Tech Executives Never Wanted You to See

By Rob Larson, Jacobin

22 February 20


Congress is demanding that Silicon Valley companies release their internal emails. If history is any guide, we know what to expect: revelations of anti-worker scheming, corporate power plays, and all sorts of other malevolent machinations.

ig Tech’s honeymoon with the federal government has finally ended, in what some are calling the “techlash.” Government investigations are mushrooming, from the Trump administration’s antitrust probes of the biggest platform companies to congressional inquiries into abuse of platform power.

Things took a fresh turn last fall, when ranking Republicans and Democrats on the House Judiciary Committee demanded extensive documents from Silicon Valley companies, including emails between platform CEOs and their subordinates. That’s bad news for big tech, which has an extensive history of being hamstrung by its own murmurings — a history looking increasingly likely to play a big role in the coming storm for Silicon Valley.

With that in mind, here’s a look at some of the most significant cases of tech wrongdoing revealed by their risqué communiqués.

Bill Gates, Microsoft, and Monopolization

Over the course of its dramatic antitrust trial in 2001, Microsoft found many of its corporate emails and memos entered into the public domain. The charges were brought by the Justice Department and Federal Trade Commission after numerous complaints alleging the company used its monopoly on desktop operating systems to take over new industries, especially web browsing. Only vaguely remembered today, the trial was big news at the time, offering a window into the strategizing of the first great software monopolist.

The words of cofounder and then-CEO Bill Gates were especially revealing. In addition to coming off as an evasive, condescending asshole, Gates made a long list of claims in his video deposition that would soon be directly refuted in court by his own emails. In one incriminating message, Gates suggested using Microsoft’s Office application monopolies to undercut its rival browser, Netscape:

One thing we have got to change in our strategy — allowing Office documents to be rendered very well by other peoples browsers is one of the most destructive things we could do to the company. We have to stop putting any effort into this and make sure that Office documents very well depends on PROPRIETARY IE capabilities. Anything else is suicide for our platform.

Several additional measures followed, in which Microsoft used their OS monopoly to block Netscape from other platforms. They pressured Intuit, the home accounting software marker, to change its default web browser from Netscape to Internet Explorer for “something like $1M .?.?. in return for switching browsers,” according to another email from Gates. And they did the same to Apple and AOL, with an email describing the CEO’s offer to the online firm: “Gates delivered a characteristically blunt query: how much do we need to pay you to screw Netscape? (‘This is your lucky day’).”

The company’s glaring lies led to a guilty verdict and an order by the Department of Justice (DoJ) to break up its OS and applications arms. But the criminal episode ended in a reprieve: the Bush administration dropped the DoJ demand that the firm be split up, and today, Microsoft is again the world’s biggest corporation by market value.

The Power of Google

While Google enjoys a much sunnier reputation than Microsoft did in the 1990s, it has its own sordid email record that casts a sharp light on the company’s incredible power. When the Trump administration first issued its immigration bans, Google engineers debated in an internal email thread whether to add more search results outlining the benefits of migration. They didn’t follow through, but it was a candid suggestion that showed the firm’s tremendous influence over the information its users encounter.

That extends to information unfavorable to Google itself. After the European Union levied a multibillion-euro fine against Google for favoring its own comparison-shopping results over others, Barry C. Lynn, the US competition scholar and monopoly critic, posted a statement praising the penalty on the website of the New America Foundation (NAF), where his think tank was housed. Google’s then-CEO, Eric Schmidt, called the institution’s head angrily, and soon Lynn received emails from his boss accusing him of “imperiling the institution as a whole” — Google wasn’t just a major funder of the NAF, its main conference room was named the “Eric Schmidt Ideas Lab.” Apparently some ideas weren’t welcome in this lab: Lynn’s research group was purged from the NAF.

In a more recent episode, Google’s management went to great lengths to conceal from its own workforce the nature of its contracts developing drone AI (artificial intelligence) for the Pentagon, with one internal email from a head AI researcher advising that company PR and public statements “Avoid at ALL COSTS any mention or implication of AI .?.?. Weaponized AI is probably one of the most sensitized topics of AI — if not THE most. This is red meat to the media to find all ways to damage Google.” The author of the email noted she was speaking publicly about “Humanistic A.I.” at the time to burnish the idea. But the company’s workers reacted volcanically, and Google ended up bashfully hosting a debate on the issue, with so much interest among employees that the subject was debated three times in one day, for workers around the world to view.

No Raise for You

The high-water mark for disastrous Big Tech internal emails is probably the correspondence detailing Apple’s leadership of an extensive wage-fixing conspiracy. From 2005 to 2010, the labor market for software engineers grew rather tight, as Google and then Facebook aggressively hired to build out their platforms. You’d expect this increased demand to result in higher pay for these scarce workers — and it probably would have, except that a legally adjudicated corporate conspiracy in Silicon Valley acted to keep salaries in line. And Steve Jobs’s Apple was at the center of it.

The plan was based on no-poaching agreements, in which big tech companies secretly agreed not to cold-call experienced engineers at other companies. (Experienced software designers are rare, and unlikely to respond to simpler hiring techniques like job listings or employment fairs, while direct cold-calling yields somewhat better results.) Thanks to subsequent court cases, we have the internal documents and emails from the great tech powers — and they’re even juicier than the Microsoft memos.

Among the evidence: Jobs’s email to Google CEO Eric Schmidt, responding to its efforts to recruit Apple engineers. “If you hire a single one of these people,” Jobs wrote, “that means war.” Apple was by far the bigger firm, so the threat was not empty. Google’s human resources hiring documents from this period indicate that Google had “special agreements” with certain companies including “Restricted Hiring” lists, as well as a “Do Not Cold Call” list that included Apple, Microsoft, Intel, and other tech firms like IBM and Comcast.

Apple reciprocated, with yet another incriminating internal email reading “Please add Google to your ‘hands-off’ list. We recently agreed not to recruit from one another so if you hear of any recruiting they are doing against us, please be sure to let me know.” Emails from Schmidt on the subject start innocently enough with “DO NOT FORWARD,” and he wrote in later emails that he would “prefer” that the communication be done “verbally since I don’t want to create a paper trail over which we can be sued later?” His HR head replied, “makes sense to do orally. i agree.”

At one point, while these illegal agreements were in effect, an errant Google recruiter still called and tried to hire an Apple employee working on web browsers. Jobs complained peevishly to Schmidt, who quickly wrote to Jobs saying the offending recruiter would be “fired within the hour.” Jobs responded with a smiley face.

Later, word of the wage-fixing deals got out, and the companies faced a Justice Department lawsuit and a large civil suit by sixty-four thousand employees. The actions were settled in 2015 with a hearty $435 million from the various corporations involved, coming to several grand per class member.

Steamy Reading

Big Tech’s history of incriminating emails suggests that the House Judiciary Committee probably has some juicy reading in front of them. If released, the most incriminating passages will surely end up in news reports and social media, where sound-bite-ready confessions have had legs in the past. With the tech firms already reeling from multiple investigations and penalties around the world, Big Tech will undoubtedly go all out to prevent further damage to their already-battered reputations.

But for everyone else, especially people like me who write about Big Tech, it’s another story: there’s really nothing like an overheard whispered confession from the rich and powerful. Information wants to be free.

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Our Criminal Justice System Serves No True Justice Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=36361"><span class="small">Robert Reich, Robert Reich's Facebook Page</span></a>   
Friday, 21 February 2020 14:06

Reich writes: "Three years and four months for lying to Congress, threatening a witness, impeding a federal investigation, and betraying the country."

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


Our Criminal Justice System Serves No True Justice

By Robert Reich, Robert Reich's Facebook Page

21 February 20

 

hree years and four months for lying to Congress, threatening a witness, impeding a federal investigation, and betraying the country. I can’t help but think of Crystal Mason, who was sentenced to five years in prison for mistakenly casting a ballot while on supervised release. Or the Georgia teen with no criminal record, who was sentenced to five years in jail for stealing $100 sneakers. Or the hundreds of thousands of people languishing in prison for low-level drug offenses. Or the hundreds of thousands more who are wasting away in cold jail cells only because they cannot afford bail. Our criminal justice system serves no true justice, only undeserved leniency or cruel punishment. Your thoughts?

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Where Have You Gone Smedley Butler? A Nation Turns Its Lonely Eyes to (Someone Like) You... Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=49236"><span class="small">Danny Sjursen, TomDispatch</span></a>   
Friday, 21 February 2020 14:06

Sjursen writes: "There once lived an odd little man - five feet nine inches tall and barely 140 pounds sopping wet - who rocked the lecture circuit and the nation itself."

U.S. Marines patrol through the Haitian woods in search of guerrilla fighters as part of 'Banana Wars.' (photo: Wikimedia)
U.S. Marines patrol through the Haitian woods in search of guerrilla fighters as part of 'Banana Wars.' (photo: Wikimedia)


Where Have You Gone Smedley Butler? A Nation Turns Its Lonely Eyes to (Someone Like) You...

By Danny Sjursen, TomDispatch

21 February 20

 


In early 2017, U.S. Army Major Danny Sjursen, who first stumbled upon TomDispatch while on duty in Afghanistan in 2011, wrote to the site wondering if he might do a piece for it. He got in touch, in part, because a former Army colonel, Andrew Bacevich, whom he admired, was already regularly featured here, as were other former U.S. military officers like retired Air Force lieutenant colonel William Astore. TomDispatch had, in fact, been one of the earliest places to highlight the work of former military officers critical of this country’s forever wars across the Greater Middle East and Africa. (After all, or so it then seemed to me, who could have grasped those disasters better?)

That February, when Sjursen wrote his first article for TomDispatch on the wars that had begun in 2001 and then (as now) had “no end in sight,” something struck me about the new administration of President Donald Trump. He had just filled key positions around him with generals from those very wars (all of whom are now gone from his administration). From James Mattis to John Kelly to H.R. McMaster, all of them were visibly wedded to those very never-ending conflicts. So, in introducing Sjursen’s inaugural piece, I wrote, “Under the circumstances, it’s good to know that, even if not at the highest ranks of the U.S. military, there are officers who have been able to take in what they experienced up close and personal in Iraq and Afghanistan and make some new -- not desperately old -- sense of it.”

Today, in his 26th piece for this site, Sjursen takes up that very subject: in a military that certainly has critics and dissidents in its lower ranks and its officer corps who have grasped the disastrous nature of almost 19 years of losing wars across large swaths of the planet, why are there no critical generals (or admirals) around? As he points out, the system that produces those flag officers is not set up to allow for the rise of anyone unwilling to buy in big time to the American way of war as it now exists across far too much of the planet

-Tom Engelhardt, TomDispatch


here once lived an odd little man -- five feet nine inches tall and barely 140 pounds sopping wet -- who rocked the lecture circuit and the nation itself. For all but a few activist insiders and scholars, U.S. Marine Corps Major General Smedley Darlington Butler is now lost to history. Yet more than a century ago, this strange contradiction of a man would become a national war hero, celebrated in pulp adventure novels, and then, 30 years later, as one of this country’s most prominent antiwar and anti-imperialist dissidents.

Raised in West Chester, Pennsylvania, and educated in Quaker (pacifist) schools, the son of an influential congressman, he would end up serving in nearly all of America’s “Banana Wars” from 1898 to 1931. Wounded in combat and a rare recipient of two Congressional Medals of Honor, he would retire as the youngest, most decorated major general in the Marines.

A teenage officer and a certified hero during an international intervention in the Chinese Boxer Rebellion of 1900, he would later become a constabulary leader of the Haitian gendarme, the police chief of Philadelphia (while on an approved absence from the military), and a proponent of Marine Corps football. In more standard fashion, he would serve in battle as well as in what might today be labeled peacekeeping, counterinsurgency, and advise-and-assist missions in Cuba, China, the Philippines, Panama, Nicaragua, Mexico, Haiti, France, and China (again). While he showed early signs of skepticism about some of those imperial campaigns or, as they were sardonically called by critics at the time, “Dollar Diplomacy” operations -- that is, military campaigns waged on behalf of U.S. corporate business interests -- until he retired he remained the prototypical loyal Marine.

But after retirement, Smedley Butler changed his tune. He began to blast the imperialist foreign policy and interventionist bullying in which he’d only recently played such a prominent part. Eventually, in 1935 during the Great Depression, in what became a classic passage in his memoir, which he titled “War Is a Racket,” he wrote: “I spent thirty-three years and four months in active military service... And during that period, I spent most of my time being a high class muscle-man for Big Business, for Wall Street, and for the Bankers.”

Seemingly overnight, the famous war hero transformed himself into an equally acclaimed antiwar speaker and activist in a politically turbulent era. Those were, admittedly, uncommonly anti-interventionist years, in which veterans and politicians alike promoted what (for America, at least) had been fringe ideas. This was, after all, the height of what later pro-war interventionists would pejoratively label American “isolationism.”

Nonetheless, Butler was unique (for that moment and certainly for our own) in his unapologetic amenability to left-wing domestic politics and materialist critiques of American militarism. In the last years of his life, he would face increasing criticism from his former admirer, President Franklin D. Roosevelt, the military establishment, and the interventionist press. This was particularly true after Adolf Hitler’s Nazi Germany invaded Poland and later France. Given the severity of the Nazi threat to mankind, hindsight undoubtedly proved Butler’s virulent opposition to U.S. intervention in World War II wrong.

Nevertheless, the long-term erasure of his decade of antiwar and anti-imperialist activism and the assumption that all his assertions were irrelevant has proven historically deeply misguided. In the wake of America’s brief but bloody entry into the First World War, the skepticism of Butler (and a significant part of an entire generation of veterans) about intervention in a new European bloodbath should have been understandable. Above all, however, his critique of American militarism of an earlier imperial era in the Pacific and in Latin America remains prescient and all too timely today, especially coming as it did from one of the most decorated and high-ranking general officers of his time. (In the era of the never-ending war on terror, such a phenomenon is quite literally inconceivable.)

Smedley Butler’s Marine Corps and the military of his day was, in certain ways, a different sort of organization than today’s highly professionalized armed forces. History rarely repeats itself, not in a literal sense anyway. Still, there are some disturbing similarities between the careers of Butler and today’s generation of forever-war fighters. All of them served repeated tours of duty in (mostly) unsanctioned wars around the world. Butler’s conflicts may have stretched west from Haiti across the oceans to China, whereas today’s generals mostly lead missions from West Africa east to Central Asia, but both sets of conflicts seemed perpetual in their day and were motivated by barely concealed economic and imperial interests.

Nonetheless, whereas this country’s imperial campaigns of the first third of the twentieth century generated a Smedley Butler, the hyper-interventionism of the first decades of this century hasn't produced a single even faintly comparable figure. Not one. Zero. Zilch. Why that is matters and illustrates much about the U.S. military establishment and contemporary national culture, none of it particularly encouraging.

Why No Antiwar Generals

When Smedley Butler retired in 1931, he was one of three Marine Corps major generals holding a rank just below that of only the Marine commandant and the Army chief of staff. Today, with about 900 generals and admirals currently serving on active duty, including 24 major generals in the Marine Corps alone, and with scores of flag officers retiring annually, not a single one has offered genuine public opposition to almost 19 years worth of ill-advised, remarkably unsuccessful American wars. As for the most senior officers, the 40 four-star generals and admirals whose vocal antimilitarism might make the biggest splash, there are more of them today than there were even at the height of the Vietnam War, although the active military is now about half the size it was then. Adulated as many of them may be, however, not one qualifies as a public critic of today’s failing wars.

Instead, the principal patriotic dissent against those terror wars has come from retired colonels, lieutenant colonels, and occasionally more junior officers (like me), as well as enlisted service members. Not that there are many of us to speak of either. I consider it disturbing (and so should you) that I personally know just about every one of the retired military figures who has spoken out against America’s forever wars.

The big three are Secretary of State Colin Powell’s former chief of staff, retired Colonel Lawrence Wilkerson; Vietnam veteran and onetime West Point history instructor, retired Colonel Andrew Bacevich; and Iraq veteran and Afghan War whistleblower, retired Lieutenant Colonel Danny Davis. All three have proven to be genuine public servants, poignant voices, and -- on some level -- cherished personal mentors. For better or worse, however, none carry the potential clout of a retired senior theater commander or prominent four-star general offering the same critiques.

Something must account for veteran dissenters topping out at the level of colonel. Obviously, there are personal reasons why individual officers chose early retirement or didn’t make general or admiral. Still, the system for selecting flag officers should raise at least a few questions when it comes to the lack of antiwar voices among retired commanders. In fact, a selection committee of top generals and admirals is appointed each year to choose the next colonels to earn their first star. And perhaps you won’t be surprised to learn that, according to numerous reports, “the members of this board are inclined, if not explicitly motivated, to seek candidates in their own image -- officers whose careers look like theirs.” At a minimal level, such a system is hardly built to foster free thinkers, no less breed potential dissidents.

Consider it an irony of sorts that this system first received criticism in our era of forever wars when General David Petraeus, then commanding the highly publicized “surge” in Iraq, had to leave that theater of war in 2007 to serve as the chair of that selection committee. The reason: he wanted to ensure that a twice passed-over colonel, a protégé of his -- future Trump National Security Advisor H.R. McMaster -- earned his star.

Mainstream national security analysts reported on this affair at the time as if it were a major scandal, since most of them were convinced that Petraeus and his vaunted counterinsurgency or “COINdinista" protégés and their "new" war-fighting doctrine had the magic touch that would turn around the failing wars in Iraq and Afghanistan. In fact, Petraeus tried to apply those very tactics twice -- once in each country -- as did acolytes of his later, and you know the results of that.

But here’s the point: it took an eleventh-hour intervention by America’s most acclaimed general of that moment to get new stars handed out to prominent colonels who had, until then, been stonewalled by Cold War-bred flag officers because they were promoting different (but also strangely familiar) tactics in this country’s wars. Imagine, then, how likely it would be for such a leadership system to produce genuine dissenters with stars of any serious sort, no less a crew of future Smedley Butlers.

At the roots of this system lay the obsession of the American officer corps with “professionalization" after the Vietnam War debacle. This first manifested itself in a decision to ditch the citizen-soldier tradition, end the draft, and create an “all-volunteer force.” The elimination of conscription, as predicted by critics at the time, created an ever-growing civil-military divide, even as it increased public apathy regarding America’s wars by erasing whatever “skin in the game" most citizens had.

More than just helping to squelch civilian antiwar activism, though, the professionalization of the military, and of the officer corps in particular, ensured that any future Smedley Butlers would be left in the dust (or in retirement at the level of lieutenant colonel or colonel) by a system geared to producing faux warrior-monks. Typical of such figures is current chairman of the Joint Chiefs of Staff Army General Mark Milley. He may speak gruffly and look like a man with a head of his own, but typically he’s turned out to be just another yes-man for another war-power-hungry president.

One group of generals, however, reportedly now does have it out for President Trump -- but not because they’re opposed to endless war. Rather, they reportedly think that The Donald doesn't “listen enough to military advice” on, you know, how to wage war forever and a day.

What Would Smedley Butler Think Today?

In his years of retirement, Smedley Butler regularly focused on the economic component of America’s imperial war policies. He saw clearly that the conflicts he had fought in, the elections he had helped rig, the coups he had supported, and the constabularies he had formed and empowered in faraway lands had all served the interests of U.S. corporate investors. Though less overtly the case today, this still remains a reality in America’s post-9/11 conflicts, even on occasion embarrassingly so (as when the Iraqi ministry of oil was essentially the only public building protected by American troops as looters tore apart the Iraqi capital, Baghdad, in the post-invasion chaos of April 2003). Mostly, however, such influence plays out far more subtly than that, both abroad and here at home where those wars help maintain the record profits of the top weapons makers of the military-industrial complex.

That beast, first identified by President Dwight D. Eisenhower, is now on steroids as American commanders in retirement regularly move directly from the military onto the boards of the giant defense contractors, a reality which only contributes to the dearth of Butlers in the military retiree community. For all the corruption of his time, the Pentagon didn’t yet exist and the path from the military to, say, United Fruit Company, Standard Oil, or other typical corporate giants of that moment had yet to be normalized for retiring generals and admirals. Imagine what Butler would have had to say about the modern phenomenon of the “revolving door” in Washington.

Of course, he served in a very different moment, one in which military funding and troop levels were still contested in Congress. As a longtime critic of capitalist excesses who wrote for leftist publications and supported the Socialist Party candidate in the 1936 presidential elections, Butler would have found today’s nearly trillion-dollar annual defense budgets beyond belief. What the grizzled former Marine long ago identified as a treacherous nexus between warfare and capital “in which the profits are reckoned in dollars and the losses in lives” seems to have reached its natural end point in the twenty-first century. Case in point: the record (and still rising) “defense” spending of the present moment, including -- to please a president -- the creation of a whole new military service aimed at the full-scale militarization of space.

Sadly enough, in the age of Trump, as numerous polls demonstrate, the U.S. military is the only public institution Americans still truly trust. Under the circumstances, how useful it would be to have a high-ranking, highly decorated, charismatic retired general in the Butler mold galvanize an apathetic public around those forever wars of ours. Unfortunately, the likelihood of that is practically nil, given the military system of our moment.

Of course, Butler didn't exactly end his life triumphantly. In late May 1940, having lost 25 pounds due to illness and exhaustion -- and demonized as a leftist, isolationist crank but still maintaining a whirlwind speaking schedule -- he checked himself into the Philadelphia Navy Yard Hospital for a “rest.” He died there, probably of some sort of cancer, four weeks later. Working himself to death in his 10-year retirement and second career as a born-again antiwar activist, however, might just have constituted the very best service that the two-time Medal of Honor winner could have given the nation he loved to the very end.

Someone of his credibility, character, and candor is needed more than ever today. Unfortunately, this military generation is unlikely to produce such a figure. In retirement, Butler himself boldly confessed that, “like all the members of the military profession, I never had a thought of my own until I left the service. My mental faculties remained in suspended animation while I obeyed the orders of higher-ups. This is typical...”

Today, generals don’t seem to have a thought of their own even in retirement. And more’s the pity...

Danny Sjursen, a TomDispatch regular, is a retired U.S. Army major and former history instructor at West Point. He served tours in Iraq and Afghanistan and now lives in Lawrence, Kansas. He has written a memoir of the Iraq War, Ghost Riders of Baghdad: Soldiers, Civilians, and the Myth of the Surge and his forthcoming book, Patriotic Dissent: America in the Age of Endless War, is available for pre-order. Follow him on Twitter at @SkepticalVet and check out his podcast “Fortress on a Hill."

Follow TomDispatch on Twitter and join us on Facebook. Check out the newest Dispatch Books, John Feffer’s new dystopian novel (the second in the Splinterlands series) Frostlands, Beverly Gologorsky's novel Every Body Has a Story, and Tom Engelhardt's A Nation Unmade by War, as well as Alfred McCoy's In the Shadows of the American Century: The Rise and Decline of U.S. Global Power and John Dower's The Violent American Century: War and Terror Since World War II.


Danny Sjursen, a TomDispatch regular, is a retired U.S. Army major and former history instructor at West Point. He served tours in Iraq and Afghanistan and now lives in Lawrence, Kansas. He has written a memoir of the Iraq War, Ghost Riders of Baghdad: Soldiers, Civilians, and the Myth of the Surge and his forthcoming book, Patriotic Dissent: America in the Age of Endless War, is available for pre-order. Follow him on Twitter at @SkepticalVet and check out his podcast “Fortress on a Hill."

Follow TomDispatch on Twitter and join us on Facebook. Check out the newest Dispatch Books, John Feffer’s new dystopian novel (the second in the Splinterlands series) Frostlands, Beverly Gologorsky's novel Every Body Has a Story, and Tom Engelhardt's A Nation Unmade by War, as well as Alfred McCoy's In the Shadows of the American Century: The Rise and Decline of U.S. Global Power and John Dower's The Violent American Century: War and Terror Since World War II.

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FOCUS: The Bloomberg Myth Explodes on Live TV Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51548"><span class="small">Matt Taibbi, Rolling Stone</span></a>   
Friday, 21 February 2020 11:58

Taibbi writes: "What a catastrophe Wednesday night was for Mike Bloomberg. The New York plutocrat was kicked in the teeth by Elizabeth Warren in the first minutes - she denounced him as a Trump-like 'arrogant billionaire' who called women 'horse-faced lesbians' - and never made it back to his feet."

Former New York mayor Mike Bloomberg looks on during the ninth Democratic primary debate of the 2020 presidential campaign season co-hosted by NBC News, MSNBC, at the Paris Theater in Las Vegas, Nevada, on February 19, 2020. (photo: Mark Ralston/Getty)
Former New York mayor Mike Bloomberg looks on during the ninth Democratic primary debate of the 2020 presidential campaign season co-hosted by NBC News, MSNBC, at the Paris Theater in Las Vegas, Nevada, on February 19, 2020. (photo: Mark Ralston/Getty)


The Bloomberg Myth Explodes on Live TV

By Matt Taibbi, Rolling Stone

21 February 20


The Nevada debate offered voters vital information — including the exposure of Michael Bloomberg’s reputation for “electability”

hat a catastrophe Wednesday night was for Mike Bloomberg. The New York plutocrat was kicked in the teeth by Elizabeth Warren in the first minutes — she denounced him as a Trump-like “arrogant billionaire” who called women “horse-faced lesbians” — and never made it back to his feet.

Bloomberg stood in mute fury as his $400 million campaign investment went up in smoke. His contempt for democracy and sense of entitlement surpass even Donald Trump, who at least likes crowds — Bloomberg’s joyless imperiousness makes Trump seem like Robin Williams.

That Bloomberg has been touted as a potential Democratic Party savior across the top ranks of politics and media is an extraordinary indictment of that group of people.

Some endorsements were straight cash transactions, in which politicians who owe their careers to Bloomberg’s largess repaid him with whatever compliments they could muster. How much does a man who radiates impatience with the idea of having to pretend to equal status with anyone have to spend to get someone to say something nice?

California Congressman Harley Rouda called him a “legendary businessman”: Bloomie gave her more than $4 million. New Jersey’s Mikie Sherrill got more than $2 million from Bloomberg’s Independence USA Super PAC, and in return the Navy vet said Bloomberg embodies “the integrity we need.”

Georgia’s Lucy McBath, a member of the congressional black caucus, got $4 million from Bloomberg PACs, and she endorsed him just as an audio clip was coming out of the ex-mayor talking about putting black men up “against the wall” in stop-and-frisk. News accounts of the endorsement frequently left out the financial ties.

That’s fine. If you give a politician $2 million or $4 million, it must be expected that he or she will say you approximate a human being.

But how does New York Times columnist Thomas Friedman excuse writing “Paging Michael Bloomberg”? (Well, Bloomberg philanthropies donated to Planet Word, “the museum my wife is building,” says Friedman, so there’s that.) How about Jonathan Chait at New York, who wrote, “Winning the election is starting to look hard. How about buying it instead?” Or John Ellis in The Washington Post, who declared Bloomberg the “dream candidate”?

These pundits clung to a triumvirate of delusions: Bloomberg “gets things done,” he’s more electable than a Bernie Sanders or an Elizabeth Warren because he can spend unlimited amounts, and he has the “toughness” to take on Trump.

Far from showing “toughness,” Bloomberg on Wednesday wilted under attacks from his five Democratic opponents. He was unprepared throughout and seemed to be ad-libbing the most important exchanges. When Warren asked him with how many women he’d had sign non-disclosure agreements, Bloomberg muttered:

Warren: How many is that?
Bloomberg: None of them accuse me of doing anything, other than maybe s— they didn’t like a joke I told.

The answer drew groans. Any political consultant could have told Bloomberg “they didn’t like a joke I told” would go over like a dead flounder. Either Bloomberg is a lousy campaigner who doesn’t understand the need for preparation, or he thinks he doesn’t need to prepare for live performances because he’ll just buy PR elsewhere.

Both explanations bode badly for a theoretical general-election campaign against Trump, an expert at ad-libbing cruelties and generating free media in amounts exceeding even what Bloomberg can buy. If Bloomberg can’t handle being asked by Warren how many NDAs he’s had signed, just imagine when Trump offers him a box to stand on and asks him how it feels to have to spend $4 million per friend.

Bloomberg’s entire argument for office is that he’s better than Trump, but where exactly is he better? The biggest argument against a Trump presidency involves his racial attitudes. Bloomberg’s record is worse.

His defense Wednesday of stop-and-frisk — that it was a widely used policy that got “out of control” because “too many” African Americans were stopped — showed that even after all this time, he still doesn’t get the problem, i.e., that the mass-profiling policy was fundamentally discriminatory. Trump is a crude circus nationalist, but Bloomberg’s policing policies were profoundly, intellectually racist, and he proved in Nevada that his only growth has been to recognize their political inexpediency.

Trump is worse on the environment and on guns. Bloomberg supported George Bush at the height of the Iraq War effort, and says he still doesn’t regret supporting that invasion. Bloomberg also has an awful record when it comes to Wall Street. In the debate Wednesday, he said this about 2008:

The financial crisis came about because the people that took the mortgages, packaged them, and other people bought them, those were—that’s where all the disaster was.

That’s in the ballpark of true, although Bloomberg stopped well short of denouncing the “people that took the mortgages,” by which one presumes he means banks. This is unsurprising, because when Bloomberg was not running for president as a Democrat, he ridiculed Occupy Wall Street and regularly spouted bogus Wall Street talking points deflecting blame from banks. This is what he said in November 2011:

It was not the banks that created the mortgage crisis. It was, plain and simple, Congress who forced everybody to go and give mortgages to people who were on the cusp. 

Bloomberg then went on to say it was “entertaining” and “cathartic” for Occupy Protesters to “vilify” banks, a “let them eat cake” take on the financial crisis.

It would be impossible to find someone less believable as a reformer of Wall Street and an opponent of wealth inequality. Even Hillary Clinton was less of a guaranteed disaster on this issue. A vote for Bloomberg — a billionaire ex-Republican media executive, for God’s sake — would mean conceding the populist argument to Republicans again.

Trump has clear authoritarian tendencies and has wrapped his hands around autocrats, but for all the fretting about him perhaps not leaving office in 2020 if voted out, it’s Bloomberg who has already tossed term limits aside, and it’s Bloomberg who is openly trying to buy an election. There is zero evidence he will be any less of a threat to democracy or an agent for rapacious corporate interests than Trump.

Even assuming one could cross into believing that Bloomberg is somehow less revolting or dangerous than the current president — I don’t, but let’s say — Wednesday exploded the idea that he would have a superior chance at beating him than Sanders or a conventional, non-plutocrat politician like Warren or Pete Buttigieg. Bloomberg was a total zero charisma-wise, had trouble thinking on his feet, and failed to find even one issue where he sounded confident and convincing. His only distinguishing characteristic is his money, and fuck his money.

One revealing moment in the debate came at the end, when Chuck Todd asked all the candidates, “Should the person with the most delegates at the end of this primary season be the nominee?”

Bloomberg, Buttigieg, Warren, Joe Biden, and Amy Klobuchar all punted this question, deferring variously to the “rules” or the “process.” Only Sanders said, “The people should prevail.” This makes the endgame clear: All five non-Sanders candidates are placing hopes for the nomination in a backroom convention horse trade.

While the establishment Democrats like Warren and Buttigieg beat up on Bloomberg onstage last night, treating him like the interloper he is, the major question is, would they do the same in the privacy of that smoke-filled room this summer?

That’s the question that should have everyone worried. Sanders could lose, but a vote for Bloomberg would be a complete surrender to cynicism, and would probably fail besides. If that’s the plan, God help us.

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