Treating Prisoners as Well as Farm Animals

The legislature in the Commonwealth of Massachusetts is now considering passing Bill S.2232. Officially entitled, “An Act to ensure continued humane animal care in Massachusetts,” this commendable bill is designed to prevent cruelty and ill-treatment to farm animals. Here are some key excerpts:

The purpose of this section, subject to exceptions, is to prohibit the confinement of farm animals in a manner that does not allow them to turn around freely, lie down, stand up, and fully extend their limbs.

(b) Notwithstanding any other provision of law, a person is guilty of unlawful confinement of a covered farm animal if the person is a farm owner or operator who knowingly tethers or confines any covered animal, on a farm, for all or the majority of any day, in a manner that prevents such animal from:

(1) Lying down, standing up, and fully extending his or her limbs; and

(2) Turning around freely.

[snip]

(d) For the purposes of this section:

[snip]

(3) “Enclosure” means any cage, crate, or other structure (including what is commonly described as a “gestation crate” for pigs; or a “veal crate” for calves used to confine a covered animal).
[snip]

(6)”Fully extending his or her limbs” means fully extending all limbs without touching the side of an enclosure
(7) “Person” means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, or syndicate.
[snip]

(9) “Turning around freely” means turning in a complete circle without any impediment, including a tether, and without touching the side of an enclosure.
[snip]
(e) Any person who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000).

This simple, yet precise bill raises the standards for the ethical treatment of animals that will, eventually, be slaughtered for food. Thus, while it is clear that the animals in question will most likely meet their demise intentionally, according to this bill, they should be treated humanely.

Perhaps I should say, “better-than-humanely” or “animal-humanely,” since as we know some tens of thousands of human beings, if not more, are currently confined and shackled in small cells, which certainly impede their ability to “fully extend their limbs without touching the side of an enclosure,” or to “turn around freely without any impediment, including a tether.” As we know, even when we choose to ignore it, our well-deserved sympathy for farm animals or house pets, or many other animals, often does not extend—even as a matter of federal policy—to human beings considered undesirable: imprisoned Black men and women, undocumented migrants or children, and mostly Muslim men who were casualties of American fear in the endless War on Terror—namely those who have been or still reside in Guantanamo.

Some significant portion of these prisoners are in solitary confinement in US prisons. The numbers, as the organization Solitary Watch (SW) states, are difficult to determine. Official numbers do not appear to include those who are undocumented and in “detention facilities”—including thousands of child migrants. None of these prisoners are likely to be granted the same range of unshackled movement, or even the same level of “animal-humane” treatment from their captors or guards. As a recent story by Katie Pavlich demonstrated, child migrants are expected to live inside caged facilities while the US government considers how to process them. The photos obtained on townhall.com show multiple children stuffed into chain-link cages with hardly any room to turn around “without impediment.” The slideshow at a CBS news website shows similar crowding and cages.

There are too many stories are out there about the subhuman treatment of pregnant prisoners who give birth while chained, with prison officials by their side. While there is a federal prison policy, passed in 2007, that prohibits shackling pregnant women, there are only a few similar prohibitions against state prison facilities, pertaining only to about 20 states. To its infinite credit, Massachusetts is among the most recent of states to pass such a policy. S.2063 was passed earlier this year, although its standards are lower than the humane animal care bill under consideration.

While S.2232, the humane-animal care bill, mandates unconditional freedom of movement for farm animals, Massachusetts’ prohibition against tethering pregnant prisoners onlymandates “the opportunity for a minimum of 1 hour of ambulatory movement each day.” Also, unlike a similar bill passed in California, the Massachusetts bill does not pertain to undocumented women. Plenty of other states have no such restrictions, as seen in this horrific recounting from the documentary Checkpoint Nation, of Maria, a woman who was taunted by an ICE official by her side in Tucson, Arizona, while giving birth.

Similarly, the stories of men locked up in tiny cubicles for years at a time proliferate without limit. Listen to these comments by Anthony Graves, wrongly convicted and sentenced to death row. Graves spent 18 years imprisoned, 16 of them in solitary confinement. He has also likened his 8 x 10 cell to a cage fit for animals, prompting prison officials to taunt him like an animal. In similarly dehumanizing fashion, Khalif Brauder was held in solitary confinement, without adequate nutrition, in Rikers as a teenager for fraudulent reasons. Mahmud Abouhalima is imprisoned in a Supermax prison where he has been shackled and forced to live for years in a cage no bigger than 8 feet wide. Yet others tell of being imprisoned in cells that are even smaller, as in these answers to the question of how large a prison cell.

There are countless stories of men who have been beaten and tortured so badly their spines have been broken.

But every single story that is published about these sub-human standards of treatment—in light of S.2232, perhaps we should call them “sub-animalistic” standards—is met with contempt or indifference. Others cheer that these men and women (and children) are being met with appropriate, well-deserved or justifiable treatment. And this Old Testament attitude persists despite the countless—yes, countless—cases of wrongful convictions or, in our post-9/11 legal world, the normalization of the complete absence of proof.

Back in 1997, political philosophers Robert Goodin, Carole Pateman and Roy Pateman published a scholarly article entitled, “Simian Sovereignty.” In it, they argued that simians—apes, orangutans, chimps and others of that species closely resembled human beings, and thus should be able to live and co-exist side by side with human beings. Goodin et al. cited several philosophers from the seventeenth and eighteenth centuries who argued for the close resemblance between human beings and simians. For example, they cite Lord Monboddo, as being “optimistic” that “the Orang Outang is, if not in the beginning, at least in one of the first stages of society, and in the progress towards a more civilized state.”

The premise of Goodin et al’s article was that simians most closely resemble human beings and therefore deserve to be treated in a superior fashion (as presumably human beings are). When I first read their article in 1997, I was rather skeptical of the comparison, because I wasn’t convinced of their premise. Today, I am still rather skeptical of the comparison, but for obverse reasons: the superior standards that they argue be extended to simians have not yet been extended to many who are supposed to fit into the category of”human”— particularly those who are undesirable, vilified or marginalized.

We are accustomed to thinking of human beings as autonomous, of being individuated, of—through long periods of Kantian story-telling—according them a certain level of respect, of ascribing them a certain dignified status, and by extension, a certain level of protection. In the Kantian story, humans exist between angels and animals, with their intellectual faculties rescuing them from the status of the latter. Their faculties are utilized to govern and restrain their material sides and impulses. Kant’s story continues to be a predominant linchpin in organizing our understanding of the world. In French philosopher Jacques Derrida’s posthumously published book, The Animal That I therefore Am, he points to Adorno’s stance that an idealist insults man by referring to the animal in him. It is certainly true that for many centuries to be understood as merely an animal was an insult. It was a condemnation of all that was unreflective, irrational, morally uncontrolled by one’s intellectual faculty.

There is a documented history that demonstrates how sympathy for animals is elicited much more prolifically and easily than is sympathy for others who suffer similar conditions to caged animals. We see it in this story, from 1994, about how orphaned mountain lion cubs elicited two and 1/3 times more donations ($21,000) than did the children ($9,000) orphaned after their mother was attacked by the cubs’ mother. Today, all 50 states have felony penalties for cruelty to animals.

Notably, in February 2006, a 38-year old man in Columbus, Ohio, was arrested for dog fighting, after officials found twenty-six wounded pit bulls confined in wooden crates. As the chief deputy sheriff reported then: “These dogs were kept in these things with no windows…It is still a phenomenon to me that people enjoy watching these animals suffer like this. It’s just so brutal.” I point to a case that is nearly 8 years old, because the sympathy (rightfully) expressed for the dogs—caged in crates with no windows–is still withheld from men and women and children  who are imprisoned in similar conditions: in Supermax prisons or in Guantanamo Bay or in immigration detention facilities.

We seem to have arrived at a moment when the term “animal” no longer refers as accurately to the non-human animal. If anything, as we have seen over the last few decades, non-human animals are seen to resemble human animals more and more: dolphins can think and sing and feel; chimpanzees can communicate. Octopi have been discovered to wield and implement tools. These facts shatter the foundation of Karl Marx’s celebration of the singularity of human potential.

Yet, there seems to be an inverse disparity between our unadulterated love for animals and our shame and moral outrage in the face of mistreatment and cruelty and the relative lack of concern for human beings facing similar conditions. What are we to make of the seeming fact that certain human beings will not be recognized as having the same kind of protections afforded to animals? How do we understand both their status and their continued misery—a misery that continues and hears fewer objections, less outrage?

The strongest argument in favor of cruel treatment to prisoners is that they have been convicted of heinous actions, and as such, they merit such treatment. But that argument is easily undermined in the face of the fact that so many prisoners who are caged have never seen the inside of a courtroom for their supposed crimes. Most detainees in immigration facilities or in Guantanamo have neither been tried nor convicted, as we well know.

A more cynical reading would suggest that S.2232, pending in the Massachusetts legislature, only offers super-humane treatment to animals that will eventually be slaughtered and eaten, and as such, is not a real fix. But shouldn’t treatment of human beings who are vilified approximate the treatment of farm animals?  It is not too cynical to say that if we had a federal, uniform standard of treatment for imprisoned men, women and children matching the standards of S.2232, that would mark some level of progress in a world in which the US government professes to believe in human rights.

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A version of this piece was published on truth-out.org today.

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Children murdered, homes foreclosed: How the government makes “mistakes” with impunity

Anyone who’s been at the mercy of the DMV, the IRS, or a health insurance company knows that bureaucracies make mistakes. Most people are accustomed to bureaucracies making mistakes. And even presidential administrations and U.S. Armed Forces make mistakes.

Yet when considering U.S. national security policies, raising the question of mistakes that cost lives is chalked up as a minor issue: “We have to expect collateral damage in wars/drones/bombs/armed conflict.”

If we know that organizations make mistakes, then it’s not that hard to see that organizations without external oversight and accountability will be empowered to make mistakes with impunity.

Not rectifying mistakes, not allowing oversight, refusing to be accountable to an external judicial body is considered by many an abuse of power. But abuse can only be claimed when a state promises to be accountable. If the state claims that it can’t be accountable, can’t be reviewed for mistakes, can’t rectify mistakes because such practices would be dangerous (the reason isn’t really important here), then at most levels, it’s hard to name the state’s attitude as abuse.

Moreover, as journalist Margaret Kimberley points out, the Obama Adminstration has claimed the right to kill American citizens without charge or trial. That’s not an abuse of power. It’s a complete usurpation of power. There is no space by which to claim the Administration should have acted differently by its own lights.

Wouldn’t it be more accurate to call this, not the abuse of, but the monopoly of power?

In 2005, Rahina Ibrahim was “cuffed, detained, and denied a flight” to Hawaii to deliver a conference paper about sustainable housing. She was allowed to return home to Malaysia, but because her name was on a U.S. government no-fly list, Ibrahim’s visa was subsequently revoked; she was prevented from returning to the U.S., thus effectively ending her doctoral studies at Stanford.  She eventually finished her dissertation in Malaysia, and sued the US government to have her name removed from the no-fly list. But the courts initially ruled that she had no legal standing to sue the US to change its policies because she is a non-citizen, and the US’s efforts to fight terrorism could not be challenged by a foreign national.

Ibrahim persisted, and at least in the most recent round, won.  Despite the US’s best efforts to the contrary, Ibrahim is the first to successfully force the US government to remove her name from the list. U.S. District Court William Alsup’s ruling points out that the US government had erred: an FBI agent confessed to having filled out the No-Fly list form for Rahina Ibrahim in exactly the opposite way as he should have. Alsup had suspected as early as December 2009 that Ibrahim had been the victim of a “monumental” government error.

Murtaza Hussain, in an excellent assessment, points out that Attorney General Eric Holder abused the state-secrets privilege in the Ibrahim case. In an affidavit from April 2013, Holder invoked the state secrets privilege as the reason that the Department of Justice could not turn over the records regarding why her name was put on the no-fly list. Referring to the 2009 State Secrets Policyy established under a young Obama Administration, Holder promised that he would not claim the state-secrets privilege to hide wrongdoing, incompetence, inefficiency, or embarrassment. Nor would he invoke it to “prevent or delay the release of information the release of which would not reasonably be expected to cause significant harm to national security.”

Clearly, Holder lied. The reason we know that Holder lied is because of what was revealed in Judge Alsup’s decision.  In this specific instance, we have clear evidence that the Obama Administration abused its power—on the view that the abuse of power is constituted when an government has promised to behave within certain procedural bounds and legal limits, but has stepped beyond them.

As journalists Kevin Gosztola and Marcy Wheeler demonstrate, the Obama Administration is completely indifferent to its own state-secrets policy, except as a subterfuge. They have invoked it time and time again, for horrendous ends. As Shahid Buttar, head of the Bill of Rights Defense Committee, communicated to Gosztola back in 2012 about the invocation of state secrets privilege:

 

the ability of the FBI to “stand above the law” and not answer to any authority when they outright lie or make deliberate misrepresentations about what kind of operations they are or are not conducting. Also, it makes it possible for the Executive Branch to enjoy extraordinary immunity from punishment when incredible abuses of power are committed and cases on torture, warrantless wiretapping or spying are brought forward in court.

State secrets privilege is but one of multiple excuses that the Obama Administration, like the Bush Administration before it, has used to expand its own power without any accompanying review or oversight of it. Whether the continued renewal of FISA (which candidate Obama voted in favor of in 2008), the NDAA 2012, NDAA 2013, or a myriad of other laws, under the Obama Administration has endorsed the unchecked expansions of power claimed by the FBI, the CIA (often in collusion with the NYPD, the DOJ. Countless foreigners have been rendered from Somalia, Sweden, and elsewhere, and interrogated without defense lawyers; numerous men have been placed in solitary confinement in prisons around the country, still unaware of the charges against them, with sketchy trials at best. Some of these men have been rendered stateless with the help of the British Home Office, such that their kidnappings could not be contested. Muslim communities all over the United States–in Southern California, Oregon, Minnesota, NY, Pennsylvania, New Jersey—have been subject to spying and entrapment.

Let’s not forget Terror Tuesdays and the Disposition Matrix, where Obama Administration officials gather to determine which alleged terrorist to execute next—without evidence, without oversight, with impunity.

It’s also been recently discovered that the FBI—the agency whose agent made a mistake in placing Rahina Ibrahim on the no-fly list–holds the power to delay the citizenship applications of Muslims—a policy enacted under the Bush Administration but still in effect today.

Mistakes, shmistakes.

The targeting of Abdulrahman Al-Awlaki, the 16year-old U.S.-born son of Anwar Al-Awlaki was a mistake.

Putting post-surgery, wheelchair-bound, Stanford doctoral student Rahina Ibrahim’s name on a federal No-Fly list in 2005 was a mistake.

Hundreds of thousands of people were subject to housing foreclosures due to mistakes.

The Obama mortgage settlement allows for a threshold error rate for mistaken foreclosures.

Killing scores of civilians by drones is a mistake.

Incarcerating innocent (but not guilty) men without charges or trials is a mistake.

Holder’s behavior and that of many of his colleagues in the Obama Administration, such as DNI James Clapper, indicates that they have no problems with mistakes, or with lying about government practices, evading demands for evidence, or concealing violations with law.  This may make them corrupt—on the view that there should be a higher standard of behavior from government officials, one that conforms to consistency and accountability.

To the extent that the Obama Administration has conceded to calls for oversight, it has facilitated pseudo-review boards, as when Obama appointed the DNI Clapper to review the NSA’s protocols. Even the name of the group, “Director of National Intelligence Review Group on Intelligence and Communications Technologies,” indicated no interest in external oversight.

On the view that lying, evading and concealing are the (counter)part and parcel of the Obama Administration’s approach to national security—the other part being that any and all strategies will be utilized without regard to accountability or oversight–because these are necessary actions to protect the public at all costs, then Holder’s and Clapper’s actions don’t reveal an abuse of power, but rather the precise and intended application of power.

 

If the Administration promises to behave within certain procedural bounds–along with the proviso that it will be the sole arbitrator on when and how to proceed to execute its power, whom it will delegate its power, and who will be subject to its power—then we should not name that the abuse of power, but the ultimate monopoly—indeed, the ultimate expression of power–and laud the Administration for resolutely carrying out its own promises and marvel at its own rare consistency!

In fact, as many have pointed out, the Obama Presidency is following in the footsteps of the Bush Administration. It might be more accurate to say that the current Administration is carving out even bigger footsteps for itself, what with its impressive record number of drone murders, solitary-confinement based incarcerations, domestic and global surveillance, deportations of migrants, and its pointed indifference to looting bankers. By claiming the right to wield power without apology in all areas of national security domestic and foreign, and on behalf of Wall Street, the Obama Administration is claiming the status of the Leviathan, as the sovereign authority in Thomas Hobbes’ 16th century treatise on politics is named.

The Leviathan claims both to be the actor and author of the collective will: once people have handed over their consent to the sovereign (demonstrated by abrogating each individual’s rights to kill), then the Leviathan claims that power in the name of the people completely. The Leviathan can do no wrong and admits to no wrong. What’s more, unless a person can find a stronger protector, they have no choice to but to submit to the Leviathan’s authority.

So, the Obama Administration—by refusing to admit that its policies are fraught with mistakes, by refusing to concede that its mistakes have hurt innocents needlessly, by refusing to correct those mistakes in the name of state security—and by resisting all attempts to make it accountable by resorting to incarceration (John Kiriakou), mock trials (e.g., Chelsea Manning) or no trials (Barrett Brown), rescinding passports (Edward Snowden), coercing other sovereign states to incarcerate challengers to its power (Yemen/Abdulelah Haider Shaye), and killing citizens and foreigners alike without review or impunity (whether by drones, financial starvation), it claims to be the ultimate sovereign authority—without challenge, dissent, or resistance. It makes the same claim as the Leviathan.

At some level, the question that needs to be addressed is not whether the Obama Administration is interested in holding itself accountable—it clearly does not—but whether we are interested.

If US citizens are interested in the accountability from an Administration that considers itself to be not only above the law, but is unilaterally creating law and (by extension) determining others’ criminality through its own (often secret) standards, then we have to decide how to wrest back power from an absolutist state. By an absolutist state, I mean an Administration that considers dissent, scrutiny, and criticism from any lowly individual unforgivable, while insisting that its own mistakes (real and contrived) are necessary to its self-awarded status as the ruler of the world.

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This piece was originally published at Salon.com.

Will We Ever Close Guantánamo Bay Detention Center?

I’ve drifted away from blogging the last few months, but hoping to put up some original pieces soon. In the meantime, here’s a piece that I published over at Salon last month. Guantanamo has been on my mind ceaselessly, especially as I teach my Global War on Terror course this term.

I’ve been writing away, and so more pieces on other topics to be post over the next few weeks…

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January 11th marked the 12th anniversary of Guantánamo Bay Detention Center, which, according to former Secretary of Defense Donald Rumsfeld, is the “least worst place to house” men suspected by the U.S. government links to al-Qaida and the Taliban.

But Rumsfeld’s statement reeks of incredulity. Beginning with the Bush administration, the U.S. has done more than merely house them. Through its military and medical personnel, it has inflicted physical brutality, extended torture, solitary confinement, force-feeding upon these men, all the while remaining publicly indifferent, even righteous, about the absence of charges, due process and legitimacy of the imprisonment.

Of the nearly 800 prisoners who have been confined there, 115 remain. Eleven were released in the last five months, twice as many as were released the previous three years.

Yet, as artist and writer Molly Crabapple pointed out in her recent Guardian column noting the prison’s anniversary, we also know — we have for some time — that over half of all the detainees who have been imprisoned there were handed over for U.S.-paid bounties, rather than because they were hostile or dangerous enemies of the U.S.

Crabapple is not asserting this as a fantasy of her own making. She cites an important but not widely known report written by Seton Hall law professor Mark Denbeaux, lawyer Joshua Denbeaux, and several Seton Hall law students. The Denbeaux are legal counsel to several of the detainees. In their report, the authors show extensive evidence that over half (55 percent) of the 517 prisoners that they profiled committed no hostile acts against the U.S. or its allies. Of those 517, only 41 (8 percent) are “characterized” as al-Qaida fighters. One hundred ninety prisoners had no connection to al-Qaida, and 86 had no links to al-Qaida or the Taliban. And of those 517, 445 were captured by Pakistan or the Northern Alliance were handed over to the United States at a time in which the United States offered large bounties for capture of suspected enemies.

Offering a large bounty doesn’t disprove the assertion that these men were a serious threat. But when a government creates these classifications without external accountability, and it is supported in this by a supine judiciary, the circumstances do present a serious — overwhelming, unmitigated — doubt about whether these prisoners are a danger to Americans. The Denbeaux have made evidence of this doubt available since 2006.

What should have amplified this doubt even further for all of the serious, fact-finding, mainstream media is that the Combatant Status Review Board – enacted under the auspices of the U.S. Department of Defense, and which has no incentive to be critical of the U.S. government — also made the same evidence of this doubt available as early as 2005.

As striking was a second report published by the Denbeaux group. This report pointed out that of the 72 groups recognized as terrorist organizations by the Department of Defense, 52 of them (72 percent) are not on any of the terrorist-watch lists maintained by the State Department. By this measure, the DoD keeps its own list of terrorist groups that are neither reviewed, confirmed nor double-checked by any other government office. As the Denbeaux report concludes,

This inconsistency leads to one of two equally alarming conclusions: either the State Department is allowing persons who are members of terrorist groups into the country or the Defense Department bases the continuing detention of the alleged enemy combatants on a false premise. (my emphasis)

Given that we have had few further terrorist acts committed within the confines of the United States by foreign nationals in the last decade, the second conclusion is more likely.

What is striking about this truth today is that it is possible to state it in print in established media such as the Guardian. Even as several more prisoners were released this past month, there appears to be a slight opening in the conversation, one enabling human rights advocates’ criticisms to echo for more than a few seconds.

This was not the case a decade ago, when early critics of the Bush administration’s policies tried to suggest that there was little proof that captives brought to Guantánamo were a danger to the U.S., and that the prison should not be treated as a “legal black hole.” Those critics’ voices included several U.N. high commissioners for human rights as well as Richard Goldstone, the former chief prosecutor of the International Tribunal of the former Yugoslavia, and American lawyers such as Michael Ratner, the head of the Center for Constitutional Rights and Michael Posner, the head of the Lawyers’ Committee. But their criticisms were drowned out by officials and polls indicating that Americans were overwhelmingly in favor of the prison and the inhumane treatment meted out to Afghan men.

Indeed, the original head of Guantánamo, Maj. Gen. Mark Lehnert, recently confirmed his own early doubts. Writing forcefully, Lehnert insists that Guantánamo never should have been opened, and many of the detainees should have never been sent there.

As cynics will suggest, that is how politics works, as even a casual perusal of American history reveals to us.  After the attack on Pearl Harbor in December 1941, 120,000 men, women and children of Japanese descent were incarcerated across 10 prisons for little reason other than the fear shared by the U.S. government and non-Japanese populace alike. The fear, suspicion and contempt acted on by then-President Franklin Delano Roosevelt, was that these civilians, if allowed to live in the populace freely, might turn their freedom toward aiding the “enemy,” the Japanese government.  This fear was pursued, despite the Roosevelt administration’s knowledge that these civilians, many with American citizenship, had few ties to the country of their parents’ origin.

These same residents had been scapegoated by the U.S. for decades. In 1913, in California, a law stripping Asian non-citizens of their businesses had been passed. That law was a mere continuation of decades of policies designed to manage the “Japanese problem,” as historian Greg Robinson’s book, “By Order of the President,” informs us. By May 1942, many Asians, residents and citizens alike, were being ordered to board trains and buses to whichever “internment camp” they had been assigned, with only what they could carry with their own two hands. At that point, nearly any Japanese American families who still owned businesses had to forfeit them as they were dispatched to stark campsites, thousands of miles away from their towns, any towns where they might be in danger of talking to other non-Asians. (See here for a remarkable pictorial spread published by the Atlantic several years ago that show some moments from that period.)  The internment had the extended benefit of politically and socially ostracizing the internees. Friends, if any remained or wished to claim that mantle, would have found it prohibitive to visit them.

I visited one of those former camps about six years ago—Manzanar Camp, which sits at the foot of the Sierras, just outside of Death Valley. A U.S. park ranger, with a degree in comparative literature from the University of California, Irvine, had painstakingly curated the camp, whose vast desolate grounds had been denuded of most traces of that shameful period (scroll down for photos of what Manzanar looked like in 1943). In the main auditorium — the only structure that was left standing — the ranger had retrieved or reconstructed several barracks in which these families lived. Each housed several families of four, five, seven, eight or more: grandparents, babies, young children, teenagers, newlyweds and others. According to accounts made by former inhabitants of other camps, such as Tule Lake in Northern California, the sheds would be marked by makeshift curtains to divide the rooms into smaller, closet-like sleeping areas, for some semblance of privacy in which occupants could retreat for a while. Other inhabitants remarked on the unceasing wind that threatened to drive them mad, along with the fine layer of sand that covered every possession, including tablecloths, beds, makeshift dressers or dry goods.

Outside the auditorium, the vast grounds were marked by signs indicating where the canteen had been erected, and the school for the children had been built. There were maps that indicated the order of other structures, including watchtowers to ensure that none of the civilian internees escaped. Also remaining were traces of some old Buddhist gardens, created by some of the internees in an effort to bring beauty and life in that desolate, dry place.

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Buddhist gardens in Manzanar (Photo credit: Falguni A. Sheth)

As well, there were several burial places, marked by stones. One was as small as 2 feet, marked by the usual ring of stones, and several toys, indicating that an infant was buried there.

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An infant’s grave in Manzanar (Photo credit: Falguni A. Sheth)

I remember that the map indicated a building marked as a fire station, which presumably held water to be deployed in the likely event that a blaze might decimate the brittle wood buildings that sat on the desiccated land.

Manzanar was one of 10 camps to which American citizens and residents of Japanese descent were incarcerated during the remainder of the war. There, as with the prisoners in Guantánamo, the internees attempted to challenge their resistance in a myriad of ways, procedurally and physically.

As well, there was another group, nearly forgotten, who were also victimized by the U.S. Several thousand Japanese Latin Americans were arrested by their own governments (mostly Peru) and shipped to U.S. camps, including one in Panama.  The U.S. had hoped to trade them to Japan in exchange for American prisoners of war (it was unsuccessful). Many of these men and women, like their U.S. counterparts, had little actual connection to Japan. They had their passports confiscated. They remained in these camps for the duration of the war. After the war, betrayed by their home countries, both groups were essentially homeless, due to no fault of their own. They had no desire to return to Japan or the countries that had betrayed them, and the U.S. had revealed itself to be a hostile land.

Even though I had previously studied the historical and political aspects of the internment of Japanese Americans, thanks to the effort of this ranger, that trip to Manzanar foregrounded for me the extreme consequences of the unthinking panic legislated at the executive and congressional level little over 60 years ago.

It reminded me of the collective panic that recurred just over 12 years ago, a panic cynically exploited by U.S. leaders and representatives. Though these functionaries might have been zealous to protect their country, they could not see past their immediate interests to the moral stanchions of judicial procedures and habeas corpus, or to the effects of their short-sightedness: the ubiquitous ether of injustice that still mars this country’s reputation.

It appears that this is how politics has worked again and again. But such politics can only work when leaders and functionaries can savor the successes of their deal-making with immunity; when their decisions are not expected to be compelled by moral dictates, when they are affirmed and rewarded for their egregious human rights violations by being reelected; when military commanders and politicians prioritize “the masculine logic of the security state,” as the late philosopher Iris Marion Young called it.

This country and its leaders have never figured out how to redress wrongdoing. The U.S., beginning with President Ronald Reagan, paid out $1.6 billion to the 82,000 descendants of the Japanese internees, along with an apology. But these “reparations” can not make up for the damage done to an entire people; and it has little effect if no lessons are learned from such recent mistakes.

As Carol Rosenberg points out, in the intervening decade, the suspicions against these prisoners have diminished, perhaps because the panic has abated and many more have had time to reflect on the hasty actions that have led to Guantánamo. Many prisoners have been released, finally. The next remedy is obvious, but it will take a moment of courage by the current administration to enact it.

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A version of this article was published on Salon.com on Jan. 16, 2014

Edward Snowden: The Great Criminal

As Edward Snowden’s name is bandied about, with a debate emerging over whether he is a hero or a criminal, whistleblower or traitor, the words of philosopher Walter Benjamin come to mind.  In his 1921 essay, The Critique of Violence, Benjamin discusses the law’s goal to pursue the monopoly on violence:

The law’s interest in a monopoly of violence vis-a-vis individuals is not explained by the intention of preserving legal ends but, rather, by that of preserving the law itself; that violence, when not in the hands of the law, threatens it not by the ends that it may pursue but by its mere existence outside the law.

Here Benjamin restates one of the fundamental goals of classical liberal political philosophy, at least for philosophers such as Hobbes and Locke, namely to eliminate the use of violence from everyone except the state and its duly appointed deputies. This is why in Locke, the state ‘agrees’ to protect the rights of individuals in exchange for individuals giving up their right of retribution and punishment. The right of violence becomes the sole provenance of the state, whether through the death penalty, prisons, or defense of the state itself.

However, as we also know, the state monopolizes and regulates the use of violence in the interests of those who have the most influence over the state: these wealthy men who decide the personification of the state. In the 1600’s English North America, this would have been white Englishmen. In the 1910’s, Benjamin was interested in the role of workers in challenging the monopoly of state violence.

Understood in this way, the right to strike constitutes in the view of labor, which is opposed to that of the state, the right to use force in attaining certain ends. The antithesis between the two conceptions emerges in all its bitterness in face of a revolutionary general strike. In this, labor will always appeal to its right to strike, and the state will call this appeal an abuse, since the right to strike was not “so intended,” and take emergency measures.

Perhaps unsurprisingly, unions aroused a widespread secret admiration from a public that was weary of the state’s imposition.  Today, as Occupy and other movements point out, the most influential are still the 1%–though the colors, sexes, and sexualities of this privileged demographic have been somewhat expanded.

For example, Locke’s story of slavery is more accurately read as the story of colonialism –and eventually—imperialism. Strangers attack Englishmen. Englishmen fight back and win. They have the right to kill the strangers, but grant them their lives in exchange for their agreeing (at least implicitly) to be slaves. It is, an apologia for the conquest of American Indians. But in the modern moment, it is a story that is replicated by Samuel Huntington in the “Clash of Civilizations.”

Back to Benjamin, who is thought to have committed suicide in Southern France as he was trying to flee from the Nazis.  Here is another excerpt from the “Critique of Violence”:

The same may be more drastically suggested if one reflects how often the figure of the “great” criminal, however repellent his ends may have been, has aroused the secret admiration of the public. This cannot result from his deed, but only from the violence to which it bears witness.

How might this apply to Edward Snowden? Snowden’s ‘crime,’ if you will, was that he disrupted the state’s ability to protect its monopoly of violence by exposing its widespread surveillance activities.  He did this despite the widely claimed fears of interested parties that doing so would “undermine national security,’ and in the face of the state’s insistence that these activities are justified and justifiably secret. In this sense, the fact that he challenged the prerogatives of the state itself, makes his alleged ‘crime’ so much more transgressive than, for example, merely lying to Congress about weapons of mass destruction, starting a war with a random nation in which tens of thousands die, or torturing rendered persons. None of these latter crimes are a threat to the state itself, and for that reason may be readily forgiven and forgotten.  Manning and Snowden are, however, ‘great criminals’ in that their actions embarrassed and undermined state power.  They can never be forgiven or forgotten.

So, for a significant portion of the public, there seems to be an–open or perhaps grudging…admiration of Snowden because he has dared to challenge the state’s monopoly on violence. He challenges the state even as he acknowledges that the state will use every resource at its disposal to exact its revenge. We know from the tragic example of Aaron Schwartz that challenging the Department of Justice will require endless resources, from millions of dollars of legal know-how and the filing of endless FOIA requests. We know from the example of John Kiriakou that even going through formal channels of whistleblowing—including being

 

“the first CIA officer to call waterboarding “torture”; to reveal that the CIA’s torture program was policy rather than a few rogue agents; and to say it was wrong”

 

will not stop the state, even a state led by a “transformative presidency,” from making sure that no one disturbs its monopoly on violence.

In this case, therefore, the violence of which present-day law is seeking in all areas of activity to deprive the individual appears really threatening, and arouses even in defeat the sympathy of the mass against law. By what function violence can with reason seem so threatening to law, and be so feared by it, must be especially evident where its application, even in the present legal system, is still permissible.

What makes Snowden so interesting is that it appears that he is an old-fashioned “believer” in the American project—someone who wanted to fight the good fight, to uphold American principles and ideals, as the US government has long professed is also its mission. He contracted to work for defense contractors who in turn worked with the NSA, and for that reason did not begin his (short-lived) post-military career with misgivings about the American imperial project. As he got to see the how its affairs were being misconducted, he continued to believe in “doing the right thing.”  What also makes Snowden remarkable is his awareness that

[T]he “US Persons” protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%. Our founders did not write that “We hold these Truths to be self-evident, that all US Persons are created equal.

Whether or not one agrees with his actions, whether or not his politics and ideology mesh with the ideas of the right or the left–it will always be a remarkable sight to a see a lone person stand up to the Leviathan, composed as it is of its myriad eyes, all watching, waiting, to clamp down on any threat, no matter how trivial to it relentless monopolistic pursuit of violence—and power.

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This piece was republished in Salon on June 19, 2013 as “Edward Snowden’s real crime: Humiliating the state.”

The Marathon Bombings and the Lockdown of Boston: Was it really a Vindication of the Surveillance State?

 By Falguni A. Sheth and Robert E. Prasch

 

The sub-text of the official state view and media coverage coming out of Boston over the last week carried a crucial message to the American public: it was a vindication of the Counter-Terrorism Surveillance State and its massive expenditures and the associated erosion of American constitutional liberties.

To that end, the several days since the bombing of the Boston Marathon showcased a mesmerizing display of reality television mediated by the unquestioning officiousness of the fourth estate.   On vivid display was “proof through performance,” a validation, that the laws passed and massive expenditures incurred over the last decade were essential to the state’s  “protection of the public.”

Multiple banners flashed across the scene with short exciting spins about the status of the manhunt for the bombing suspects; they were accompanied by endlessly repeated images of Boston and Watertown police, SWAT teams and FBI officers, all carrying a dazzling array of complicated weapons, bordered by police cars.  There wasn’t a civilian in sight, since they all appeared to have accepted the ‘command’ (which was in fact a request) to stay inside. These images alternated with breathless images of reporters ‘at the scene,’ filibustering inanely, occasionally offering proud announcements about how they were asked to ‘move back’ as the focus of the police search for the suspects shifted. It was as if they were children proudly reporting how they were asked by their teacher to help clean the blackboards.

The past decade has seen Presidents, politicians — conservatives and liberals alike — champion pre-emptive policing laws such as the USA PATRIOT Act, FISA, NDAA 2012 and 2013, to TSA security practices and searches, to “See Something, Say Something” practices—all in service to fighting the War on Terror.  As a cable-news talking head cooed Friday morning: “There are cameras and social media everywhere. There is nowhere to hide!” That statement seemed indisputable: store cameras, street cameras, private cellphone cameras and videos could be integrated to give an astonishingly wide record of the tens of thousands of people who were at last Monday’s event.  Yet, the most important truth of that day seemed to be lost in the gush of self-congratulation: the explosion of the bombs confirmed that a massive extension of the surveillance-state did NOT protect people in Boston.

Remarkably, this message of the paramilitarized surveillance state was in no way challenged merely because it was inaccurate. By the time Massachusetts Governor Deval Patrick ended the “shelter in place” request, the second suspect had still not been found. Suddenly, the Boston public was supposed to believe that they were magically safer after the lock-down ended than before.   But lest one come to conclude that this suggested a failure of the militant and closely watchful surveillance state—Rachel Maddow, Erin Burnett, and other cable news heads happily rushed to its vindication—by triumphantly exclaiming the insightful fruits of the years-long “See Something, Say Something” campaign by the DHS.

The rough description that the media had in common was this: A guy walked out to his boat to smoke a cigarette, saw something moving, and lifted the tarp—only to find the injured suspect. At which point, he retreated and called the police!  Would the boat-owner have acted differently prior to the “See Something, Say Something” campaign?  Never mind.

Indeed, the vaunted magic of (decades-old) infrared technology, increased surveillance, and the absence of restraints on law enforcement, of this massive martial state could be all be justified through the lens of the state itself, a breathless and supine media, and an ostensibly cowering but now relieved public. Yeah! The War on Terror is so successful! See?

But the show did not end there.  As Erin Burnett crowed: “They took him alive! This proves that there is justice in America! Innocent til proven guilty.” Despite its nonsensical meaning, this oblique message was reiterated by the President, who cautioned us against a “rush to judgment”—certainly about groups of people. Apparently, “[t]hat’s why we have courts.”  Hmmm. That’s going to be news to some folks still languishing in Cuba.

Not to be outdone by an illusory call for order by a President who has supported multiple renewals of FISA and pressured the Senate into the approving an expansion of executive power to arrest and detain any suspected terrorist (US citizen or foreign national) anywhere in the world (in NDAA 2012 and 2013), Sen. Lindsay Graham insisted that we were seeing proof that the homeland was the battlefield. And indeed, it’s hard to disagree with him—even if one is critical.  Moreover, according to Graham and Sen. McCain, even a 19 year old naturalized citizen (vaguely fingered as Chechnyan and Muslim) CAN and should be treated as an enemy combatant.

What further cements this view of the Homeland as a Battlefield– is the public, collective, and casual insistence that a 19 year old should not be read his Miranda rights—because an asserted “public safety exception” can be invoked in view of the fact that other IED’s or pressure-cooker bombs might have been set.  With this, we are halfway to Alan Dershowitz’ favored fantasy: next, let’s torture him–because we ‘know’ a bomb might be set somewhere by him that threatens to hurt Americans. However—shockingly–even Dershowitz refuses to be fear-mongered, arguing instead that that the only logical outcome was a civilian trial, insisting that “It’s not even clear under the federal terrorism statute that this qualifies as an act of terrorism.”

Moreover, there was nearly no element of the recently reinforced surveillance state that contributed to the capture or killing these two suspects.  As an example, let’s assume every detail of the attack is the same except that it occurred in 1977 (to pick a random date prior to our ubiquitous Counter-Terrorism surveillance state; remember how we used to have “bad guys” before September 11?). If the “bad guys” had put together such a plan in 1977, would events have unfolded any differently?  Would there have been a lot of photography at the finish line of such a prominent public event?  Yes, although in the pre-digital age, it would have taken a little longer to gather and sort through the pictures.  Hence, this aspect of this past week’s outcome can’t be ascribed to the massive expenditures and “federalization” of “homeland security,” but rather to a change in consumer electronics.

Would the two brothers have been flushed out by the police response to a nearby and unrelated robbery that led to the tragic shooting of a MIT police officer, the carjacking and ensuing chase that ended with the shootout in Watertown?  It is hard to credit this sequence of events, which were initiated by a mere coincidence, to the success of the modern surveillance state.  Would the initial shootout in Watertown, the escape of one of the brothers, and the eventual spotting of blood on the side of a boat and the calling in of that observation have unfolded in more or less the same way in 1977?  Probably.

Where is the added value?  In what way have the massive expenditures, intrusive surveillance practices, and stripping away of our liberties been vindicated by the events of this past week?  In fact, no one can truthfully say “Aha!  This is where these new practices have made a difference!  Thank goodness George W. Bush and Barack Obama have so little regard for the American Constitution or everything would have really gone badly at that particular point in these events.”

What we witnessed was a tragic — but sadly – too familiar sequence of events.  In a nation of over 340 million, we have a few demented or damaged souls with real or imagined grievances that cause them to wish to harm people whom they do not know.  We also have good, brave, and competent local and state police forces that are able and willing to solve these crimes.  It was true back in 1977—and long before–and remains true today.

So what in fact did change? We now have a “War on Terror” that permeates every public news event and action. The immediate leap to the familiar “Terrorists In Our Midst” narrative is facilitated and amplified by a bovine mainstream media amped up by endless alerts issued by a Department of Homeland Security and two Presidential Administrations about insane foreigners here, there, and everywhere. In other words, what’s changed is the presence of a fear-mongering narrative of the War on Terror, along with the billions in expenditures that are used to justify it, that reframe a centuries old story about crime.

The events of the past week in Boston do not vindicate the rise of the Homeland Security bureaucracy and certainly do not vindicate the stripping of our liberties, the shutting down of a major city, or the instantiation of a police state. But they certainly affirm the future as it was perceived by George Orwell.

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This article has been republished on Salon.com.

 

Violence Begets Violence: Turning to Dr. King in the aftermath of the Boston Bombings

This piece is in Salon, under various headlines:

Where does the hate come from?

Amid this tragedy, we ought to remember that violence begets violence, force begets force

By

Yesterday’s news of multiple explosions going off near the end of the Boston Marathon route was heart-stopping. That such a joyous event — attended by tens of thousands of families, of international visitors and athletes — could be so violently disrupted by such heinous evil was unfathomable. The tragedies are made all the worse by the realization that for some, it was a memorial in the name of the children and adults who died in the Newtown massacre. And even as I empathized with yesterday’s victims and their families, I shudder to think that they experienced what countries around the world treat as a fact of their quotidian existence.

That pain and grief was the same as that which occurs whenever I read another report about a U.S.-led drone strike that has killed children, maimed teenagers, destroyed weddings in Pakistan or Yemen or Afghanistan. Yesterday’s news — of a child dead, of the injuries of many a father and mother, of the limbs of exhausted athletes and supportive spectators blown off, of others whose limbs were amputated in the triage for survival — again brought to mind the prophesy of “violence begetting violence.” As Dr. Martin Luther King, Jr. warns in his “Loving Your Enemies” sermon, delivered in Montgomery, Ala., on Nov. 17, 1957:

Men must see that force begets force, hate begets hate, toughness begets toughness. And it is all a descending spiral, ultimately ending in destruction for all and everybody.

And yet, that cycle of force begetting force, of the increasing permanence of violence that is soaking into every facet of our society, seems to be lost on so many, especially those who are capable of stopping it: our political and military leaders. Again, in the prescient, wise words of Dr. King:

Somebody must have sense enough to dim the lights [of destruction], and that is the trouble, isn’t it? That as all of the civilizations of the world move up the highway of history, so many civilizations, having looked at other civilizations that refused to dim the lights, and they decided to refuse to dim theirs. And Toynbee tells that out of the twenty-two civilizations that have risen up, all but about seven have found themselves in the junkheap of destruction. It is because civilizations fail to have sense enough to dim the lights.

Click through to read the rest….

Obama is Channeling Bush Fever in Iran

Hi folks. Thanks for checking in. Regular readers will notice that I’ve been writing rather sporadically over the last few months. It’s not for lack of interest, but the day job is keeping me intensely busy, and will do so–I predict, until the end of April. I plan to finish a couple more in the next week or two. One will be about the hunger strikers in Guantanamo. I just need some time to treat the topic with the complexity it deserves.

In the meantime, here’s a piece that appeared today on Salon.com.

Obama is channeling Bush fever in Iran

Ten years after the Iraq debacle, are we — mind-bogglingly — headed to war with Iran? The signals suggest yes

A gold star if you can guess who made the following four statements without clicking on the links. Hint: Two were by an aggressive, hawkish, Republican, one of which was famously said over 10 years ago. Two others are by the more erudite, constitutionally savvy, liberal, moderate, current president. You remember him: He’s the one  Hillary Clinton taunted in 2008 as not being tough enough to answer the phone at 3 a.m. At this point, it’s safe to say that we no longer need to worry about that.

1) “I have made the position of the United States of America clear: Iran must not get a nuclear weapon. This is not a danger that can be contained. As President, I have said to the world that all options are on the table for achieving our objectives. America will do what we must to prevent a nuclear-armed Iran.”

2) “One thing is certain. The United States should never allow Iran to threaten the world with a nuclear bomb.”

Click through here to keep reading: