February 14, 2013 archive

Police State or Military State?

The term “police state” is a misnomer, a euphemism for what is really a “military state.”  Police objectives and military objectives are entirely different.  A true police objective is to apprehend a criminal suspect and then put the suspect through a civilian justice system — even if its just a civilian kangaroo justice system. On the other hand, a military objective is to eradicate the threat without any serious concern for the rights of individuals who are enemies of the state.

Looking at what is going on in the US today, the tactics of our police are much more in line with a military operation than a police operation.  Indeed, often the operation is nothing but an set up to generate a plausible excuse to eliminate a threat to the state without any apparent desire or willingness to put the suspect into a justice system.

The Dorner case is a classic military operation.  Given what we have been told so far, does anyone legitimately think that police wanted to apprehend Dorner?  It is clear that the police wanted to eliminate him and that all they were looking for is some kind of plausible excuse for elimination.  That becomes very easy to do simply by putting a police officer or other person in harm’s way.  Then elimination is justified.

It is no wonder that civil libertarians on both right and left are horrified by what is happening.  Every day, everywhere, our police looks more and more like a military and every day and everywhere it seems like more and more of US inhabitants and visitors are being treated as enemies of the state by our ‘police” rather than as an alleged criminal wrongdoer.

It is no wonder civil libertarians of both left and right are wanting to keep their guns.  Lawyers, judges and courts are starting to look as if they are no more necessary to our “criminal justice system” than an appendix is to the digestive tract.

So we ought to start calling police states by what they really are: military states.

Cartnoon

On This Day In History February 14

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

February 14 is the 45th day of the year in the Gregorian calendar. There are 320 days remaining until the end of the year (321 in leap years).

On this day in 1884, future President Theodore Roosevelt’s wife and mother die, only hours apart.

Roosevelt was at work in the New York state legislature attempting to get a government reform bill passed when he was summoned home by his family. He returned home to find his mother, Mittie, had succumbed to typhoid fever. On the same day, his wife of four years, Alice Lee, died of Bright’s disease, a severe kidney ailment. Only two days before her death, Alice Lee had given birth to the couple’s daughter, Alice.

Roosevelt left his daughter in the care of his sister, Anna “Bamie/Bye” in New York City. In his diary he wrote a large X on the page and wrote “the light has gone out of my life.”

A short time later, Roosevelt wrote a tribute to his wife published privately indicating that:

She was beautiful in face and form, and lovelier still in spirit; As a flower she grew, and as a fair young flower she died. Her life had been always in the sunshine; there had never come to her a single sorrow; and none ever knew her who did not love and revere her for the bright, sunny temper and her saintly unselfishness. Fair, pure, and joyous as a maiden; loving , tender, and happy. As a young wife; when she had just become a mother, when her life seemed to be just begun, and when the years seemed so bright before her-then, by a strange and terrible fate, death came to her. And when my heart’s dearest died, the light went from my life forever

To the immense disappointment of his wife’s namesake and daughter, Alice, he would not speak of his wife publicly or privately for the rest of his life and made no mention of her in his autobiography.

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SOTU: One Year Ago (Up Date)

Cross posted from The Stars Hollow Gazette

Last night President Barack Obama gave the annual State of the Union address before the nation and a joint session of Congress. He made a lofty speech outlining his plan for the nation over the next year, most of which are highly unlikely to come to fruition due to the intransigence of the Republican held House. Will any of this be remembered in a month? Or, for that matter, next year? Does anyone remember the promises and goals from last year’s SOTU? I doubt anyone remembers this:

EXCLUSIVE: Obama To Announce Mortgage Crisis Unit Chaired By New York Attorney General Schneiderman

by Sam Stein, The Huffington Post

WASHINGTON — During his State of the Union address tonight, President Obama will announce the creation of a special unit to investigate misconduct and illegalities that contributed to both the financial collapse and the mortgage crisis.

The office, part of a new Unit on Mortgage Origination and Securitization Abuses, will be chaired by Eric Schneiderman, the New York attorney general, according to a White House official.

Schneiderman is an increasingly beloved figure among progressives for his criticism of a proposed settlement between the 50 state attorneys general and the five largest banks. His presence atop this new special unit could give it immediate legitimacy among those who have criticized the president for being too hesitant in going after the banks and resolving the mortgage crisis. He will be in attendance at Tuesday night’s State of the Union address.

Ahh! Now, you remember that. Whatever happened to the Residential Mortgage-Backed Securities Working Group? Apparently not much.

Obama’s Mortgage Crisis Working Group Falls Short Of Billing

by Sam stein and Ryan Grim, The Huffington Post

A year later, progressives said they consider the panel a disappointment and, possibly, a diversion to placate Schneiderman and homeowner advocates. The Justice Department said it doesn’t know what the fuss is about.

“You described it as a unit that was announced to great fanfare,” said Tony West, the number three man in the Justice Department, in an interview. “A lot of people have the misimpression that this is some type of prosecutorial department that was set up. What the working group is is exactly that. It is part of the financial fraud enforcement task force. It doesn’t stand alone.” [..]

Schneiderman’s working group, critics said, has not lived up to that billing. [..]

According to those involved in putting together cases, officials at the SEC were naturally disposed to striking quick settlements rather than carrying out long-term investigations. The Justice Department, meanwhile, was worried about shaking a recovering housing market and fragile banks.

(Mike) Lux, in particular, pointed an accusatory finger at working group co-chairman Lanny Breuer, the assistant attorney general for the Justice Department’s Criminal Division, who has said he will leave his post next month. [..]

Whether driven by Breuer’s presence or not, the working group suffered from what the high-level source called “leaked leverage.” With different actors wanting slightly different outcomes, it closed cases that may have potentially been made bigger. Among those cited include one last month, when the Office of the Comptroller of the Currency and the Federal Reserve reached a $8.5 settlement with 10 U.S. banks on charges of foreclosure abuses.

Stein and Grim state that ‘progressives interviewed for this story who know and like Schneiderman offered the same conclusion: He got played.” Former blogger for FDL, David Dayen disagrees:

I agree with David, Mr. Schneiderman’s settlement with banks here in New York have been disappointing, to say the least. He is not some naive neophyte. He knew precisely what he was signing up for when he was offered the position with this group.

Up Date: 18:12 EST 2.13.13: From David Dayen at Salon:

Wall Street wins again

The secret truth: There never was a “task force” dedicated to ferreting out mortgage fraud

This is the key point.  There are no offices, no phones and no staff dedicated to the non-task force.  Two of the five co-chairs have left government.  What “investigators” there are from the task force are nothing more than liaisons to the independent agencies doing their own independent investigations.  In the rare event that these agencies file an actual lawsuit or enforcement action, the un-task force merely puts out a statement taking credit for it.  Take a look at this in action at the website for the Financial Fraud Enforcement Task Force, the federal umbrella group “investigating” financial fraud.  It’s little more than a press release factory, and no indictment, conviction or settlement is too small.  The site takes credit for cracking down on Ponzi schemes, insider trading, tax evasion, racketeering, violations of the Americans With Disabilities Act (!) and a host of other crimes that have precisely nothing to do with the financial crisis.  To call this a publicity stunt is an insult to publicity stunts. [..]

Maybe these groups who claim to be interested in accountability should have recognized the value of what pressured the White House to set up the diversionary tactic of a task force in the first place: public shaming.  Last month’s Frontline documentary “The Untouchables” has had arguably more of an impact on reviving moribund financial fraud cases than anything else.  Within a couple of weeks of its premiere, the head of the criminal enforcement division, Lanny Breuer, announced he would step down.  Then, DoJ suddenly decided to sue credit rating agency Standard and Poor’s over its conflict of interest in rating clearly fraudulent securities as safe assets, a case it had been investigating for two years.  You can view this as an accident of timing; it seems more like a direct response.  Shaming has done far more than a pretend task force, though that’s admittedly a low bar.  You would think outside pressure groups would have recognized the virtue of outside pressure instead of trying to play an inside game.

h/t priceman

 

NDAA: Killing the Democratic State

Cross posted from The Stars Hollow Gazette

Pulitzer Prize winning journalist and Truthdig columnist, Chis Hedges, along with six other journalists and activists filed a lawsuit against the Obama administration  over Section 1021 of the National Defense Authorization Act (NDAA) alleging that it violated free speech and associational rights guaranteed by the First Amendment and due process rights guaranteed by the Fifth Amendment of the United States Constitution. Last Wednesday they were back in Federal Court in Manhattan for a hearing before three judges:

Attorney Bruce Afran, addressing press and gathered activists in an icy downtown Manhattan plaza Wednesday, said the three-judge panel today challenged the government to prove that the NDAA provision is nothing more than an “affirmation” of the laws regarding indefinite detention already established by Authorization for Use of Military Force. According to the DoJ, the NDAA provision is nothing new, but simply a codification of AUMF. The plaintiffs and their supporters vehemently disagree, as did Judge Forrest last year. Afran stressed again Sunday that 1021(b)(2) “broadens the power of the military” when it comes to the capture and indefinite detention of U.S. citizens and as such “breaches the constitutional barrier between civilians and the military” and constitutes a significant extension of the military state beyond the powers given by AUMF.

Mr. Hedges explains the consequences for the nation and the democratic state should they lose this case:

If we lose in Hedges v. Obama – and it seems certain that no matter the outcome of the appeal this case will reach the Supreme Court – electoral politics and our rights as citizens will be as empty as those of Nero’s Rome. If we lose, the power of the military to detain citizens, strip them of due process and hold them indefinitely in military prisons will become a terrifying reality. Democrat or Republican. Occupy activist or libertarian. Socialist or tea party stalwart. It does not matter. This is not a partisan fight. Once the state seizes this unchecked power, it will inevitably create a secret, lawless world of indiscriminate violence, terror and gulags. I lived under several military dictatorships during the two decades I was a foreign correspondent. I know the beast. [..]

Five thousand years of human civilization has left behind innumerable ruins to remind us that the grand structures and complex societies we build, and foolishly venerate as immortal, crumble into dust. It is the descent that matters now. If the corporate state is handed the tools, as under Section 1021(b)(2) of the NDAA, to use deadly force and military power to criminalize dissent, then our decline will be one of repression, blood and suffering. No one, not least our corporate overlords, believes that our material conditions will improve with the impending collapse of globalization, the steady deterioration of the global economy, the decline of natural resources and the looming catastrophes of climate change.

But the global corporatists-who have created a new species of totalitarianism-demand, during our decay, total power to extract the last vestiges of profit from a degraded ecosystem and disempowered citizenry. The looming dystopia is visible in the skies of blighted postindustrial cities such as Flint, Mich., where drones circle like mechanical vultures. And in an era where the executive branch can draw up secret kill lists that include U.S. citizens, it would be naive to believe these domestic drones will remain unarmed. [..]

After the hearing, Mr Hedges, along with three of his co-plaintiffs, Pentagon Papers whistle-blower Daniel Ellsberg; Revolution Truth Executive Director Tangerine Bolen; journalist and U.S Day of Rage founder Alexa O’Brien; and Demand Progress Executive Director David Segal, and their attorneys, Carl Mayer and Bruce Afran, sat down to discuss the state of the lawsuit. The discussion was moderated by Natasha Lennard of Salon and Matt Sledge of The Huffington Post.

In a second panel to “discuss the broader context of the case,” Mr. Hedges, Mr. Ellsberg and Ms. Bolen were joined by film maker and activist Michael Moore, NSA whistle-blower Thomas Drake and Jesselyn Radack, an attorney for CIA whistle-blower John Kiriakou and a director of the Government Accountability Project.