Police State Brutality: The Story of Kenneth Harding

MEDIA ROOTS — You’ve likely heard of Scott Olsen, the Iraq War veteran shot in the head by a police tear gas canister at point blank range during the nationwide crackdown on the Occupy Movement.  The tragic event transformed him into an international symbol of police brutality, and it continues to be an important story signifying state repression. 

Yet, you probably haven’t heard of Kenneth Harding.  His story wasn’t featured on Democracy Now! and was scarcely covered in the progressive press.  However, the story of Kenneth Harding is as tragic and damning as that of Scott Olsen, Oscar Grant, Rodney King, or any number of people who have experienced the raw fist and boot of the US police state.

Kenneth Harding is another U.S. citizen dishonoured by his nation who was gunned down in cold blood by S.F. police this past summer.  S.F. police then blocked anyone from offering the gasping and dying Harding first aid as he bled to death before a crowd of hundreds left in aghast. 

Harding’s mother spoke with “The Morning Mix with JR” on KPFA last week to talk about an event she was organising to raise awareness around the murder of her son and push for an investigation to bring the killer cops to justice.  (See transcript below.) 

In another related story of unwarranted police killing, another man was recently brutally gunned down in Monterey Park, CA outside of a restaurant by one of a swarm of cops apprehending the man who had broken some windows with a metal bar.  Instead of collectively overpowering the man with their bare hands or waiting for back-up, one murderous cop lunges forward and shoots him, point blank, almost ten times, completely unprovoked, leaving Steven Rodriguez dead. 

In story after story, cops seems to be malfunctioning, losing their cool with their weapons, degenerating into wanton murder.  Unwarranted police aggression and their use of deadly force over the decades, poorly covered by corporate media, has conditioned many in the U.S. to seemingly accept and condone such lawlessness from police forces.

As the corporate media parroted police disinformation surrounding the Kenneth Harding story, the San Francisco Bayview National Black Newspaper documented the events from a grassroots perspective:

“When police stopped a teenager stepping off the T-train yesterday [16 Jul 2011] to show his transfer as proof he’d paid his fare – $2 at most – he ran from them. They shot him as many as 10 times in the back and neck, according to witnesses. For many long minutes, as a crowd watched in horror, the boy, who had fallen to the sidewalk a block away, lay in a quickly growing pool of blood writhing in pain and trying to lift himself up as the cops trained their guns on him and threatened bystanders.”

One M.D.s Letter to the SF Examiner Editor wrote: 

“I take exception to reports describing Kenneth Harding lying dead on the Bayview sidewalk. I have reviewed at least five videos which document him laying face down in a pool of blood and arching his neck in an attempt to breathe.

San Francisco police officers are trained in CPR, emergency airway management and first aid. A simple and humane maneuver might have been to simply roll him over on his back and apply a compression dressing to the wound in his neck.”

Ahimsa Porter Sumchai, M.D. San Francisco


Kenneth Harding “laying face down in a pool of blood and arching his neck in an attempt to breathe.”

Attorney for Harding’s family, Adante Pointer, discussed the glaring contradictions between “police department’s shifting stories” about the murder of Kenneth Harding by police and the accounts of hundreds of witnesses, many of which tried to administer first aid or get help, but were kept at bay by silent, cocked-and-loaded, cops brandishing firepower.  No one wanted to be next in some of the most dramatic minutes of U.S. history since Oscar Grant was gunned down in cold blood by BART police. 

As expected, the murderer cop in that case, Johannes Mehserle, was not administered a punishment commensurate with the crime of murder.  Instead, he was given a slap on the wrist and a mere one year jail sentence.  In the case of Kenneth Harding’s murder, we haven’t even seen the names of the guilty cops.  But Kenneth Harding’s mother continues to seek justice with the help of the SF Bayview community and independent, grassroots media to illuminate the struggle for justice around police terorrism.

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THE MORNING MIX WITH JR — “You are listening to The Morning Mix.  Good morning ladies and gentleman.  I am your host, The Minister of Information, JR.  Today, we will be talking about the unjustified murder of unarmed young Black man, Kenneth Harding in San Francisco and the upcoming protest to shut down 3rd Street in San Francisco this Sunday [22 Jan 2012].

“We’ll talk about the plight of the Black Farmers in California as well as the Black International Film Festival and the upcoming Carter G. Woodson Bowl, a.k.a. Black Jeopardy.  All of this after the news.”

JR (c. 7:05):  “We are back.  I am your host, the Minister of Information JR, for The Morning Mix.  Today, we will talk about the Carter G. Woodson Black History Bowl, a.k.a. Black Jeopardy.  We will talk about the Oakland International Film Festival.  We will also talk about the plight of the Black farmers in California.

“But, first, we need to address these unjustified police murders of unarmed people in the Black community all over the United States.

“Our next guest is the mother of Kenneth Harding, 19-year old unarmed Black man who was shot in mid-July [2011] over a $2 dollar bus transfer by the San Francisco Police Department.  We have his mother live in the studio today.  Her name is Denika Chatman.

“How are you Miss Denika?”

Denika Chatman (c. 7:58):  “I’m good.  Thank you for asking.”

JR (c. 8:00):  “Can you tell the people a little bit about your son, Kenneth Harding?  Who was Kenneth Harding before he was murdered by the San Francisco Police Department in such an atrocious way?”  

Denika Chatman (c. 8:12):  “My son was very filled with life.  He was the life of the party.  He could go anywhere and fit in.  He loved life.  And he was a college student, set to start college last fall.  He was an entertainer.  He was out here [in the S.F. Bay Area] trying to get his music out.  And he was very family oriented.  He loved his mother.  He loved his brother.  He loved his sister.  And he loved the Lord.”

JR (c. 8:45):  “Can you tell the people a little bit about what happened in the middle of July [2011].”

Denika Chatman (c. 8:51):  “Yes.  My son, Kenny, he was on a T-train in San Francisco, Muni Transit.  And the police, pretty much, racially profiled him, approached him, asked him to supply proof of purchase of transfer for being on the train.  And when he didn’t supply it, they removed him from the train where at that time he, just, had sat for a moment and then he took off running.  And while he was running, he was running with his hands up. 

“And they still shot him down and allowed him to lay in the streets for over 28 minutes while he bled out and died.  They wouldn’t allow the paramedics through to try to help him. 

“And, basically, I feel like he was ambushed because they came at him from two different directions over a $2 transit fare.

JR (c. 9:47):  “I just want to put it out there that this is on YouTube.  They can put Kenneth Harding into YouTube and this will come up.”

Denika Chatman (c. 9:56):  “That is correct.  There was over 150 people out there that day.  So, everybody pulled out their phones and started recording.  And that’s why there are so many videos of my son’s death on there.

“And I’ve never seen it.  I don’t want to see it.  But I do get the sympathy calls and support from everyone else who has seen them.”

JR (c. 10:19):  “What’s been going on since in the community of Hunter’s Point where this occurred?  What’s been going on since with people, such as Fly Benzo and Kilo and different people who support you?”

Denika Chatman (c. 10:33):  “That’s where the majority of my support comes from.  As far as Fly, him and his brother Pladee have been assaulted, hospitalised, incarcerated for speaking openly about what they witnessed on that day and for still speaking out in regards to it, which I don’t understand because there’s also a YouTube of what happened to Fly Benzo.  And I don’t understand why the courts won’t just use that as evidence and see what actually occurred on that day and that the police provoked all of this and just drop the charges. 

“And that’s why I endorse his campaign.  Free Fly Benzo.  His brother Pladee, he was assaulted as well. 

“Kilo Perry, the police have harassed him on several occasions; he has been incarcerated for speaking out for the murder of my son, for what he saw the police do.”     

JR (c. 11:29):  “Isn’t the San Francisco Police Department pushing charges that could result in Fly Benzo, otherwise known as Debray Carpenter, where he could be facing years in prison?”

Denika Chatman (c. 11:43):  “That is correct.  And I carry a lot of the guilt behind that because the battle he’s fighting is because he stood up for what he felt wasn’t right, the injustice done to my son.  And because of that he is looking at a lot of prison time.  And that’s why I’m fighting so hard for him on his side in solidarity because something has to be done.  And he shouldn’t have to go through this behind speaking out against injustice.

JR (c. 12:20):  “Can you talk a little bit about what you guys have going on January 22nd?”

Denika Chatman (c. 12:24):  “Yeah.  On January 22nd, we are having a peaceful protest march and rally starting at 3rd Street and Oakdale, my son’s murder spot.  That is San Francisco. 

“And we are marching over to Candlestick Stadium to surround it.  It’s the NFC Playoff Championship Game and we know that the 49ers are gonna make it there.  So, we’re just trying to bring awareness to the game-goers that, ‘We don’t have no problem with you enjoying your game. We’re not even trying to disrupt the game. We just want to bring awareness that right outside of this stadium, the police are killing our children.’

JR (c. 13:08):  “Right.  Can you also talk a little bit about this concert that you have comin’ up?”

Denika Chatman (c. 13:13):  “Yes.  I can touch on it.  We’re having a big benefit concert for my son on February 10th.  And I’ll just list a couple of the artists who will be there:  The Jacka, J-Diggs, Mac Mall, Turf Talk, Beeda Weeda.”

JR (c. 13:33):  “And this is at 330 Ritch in San Francisco.”

Denika Chatman (c. 13:36):  “Yes.  Everything is still being collaborated, put together, so we’re just waiting on finalisation right now.  But everything is approved to go.”

JR (c. 13:49):  “How has the police been responding to you and your family since this murder occurred?”

Denika Chatman (c. 13:54):  “Well, I went down to the Office of Citizen Complaints in San Francisco to turn in my complaint.  At that time, I had only been in my new home for not even ten days.  And at that time they were the only ones who had my address, my physical address, because I had to put it on the paperwork.  And within three to five days my home address was listed under Google with step-by-step directions on how to get to my home. 

“And I haven’t had any interactions with the police.  However, they still haven’t been forthcoming with any of the evidence, or the videotapes, or anything to prove that they did a righteous kill.”

JR (c. 14:40):  “If people would like to help you and your supporters and would like to help fight police terrorism in aiding the people who are supporting Kenneth Harding, where can they do that and how can they do that?”

Denika Chatman (c. 14:55):  “Well, we just established the Kenneth Harding, Jr. Foundation.  If you would like to support, you can come to our meetings, you can also follow me on Facebook at Justice 4 Kenneth Harding Jr.  And you can actually see everything that we’ve done up until this point as well as find out all the upcoming events and also posted on the page, anything that’s needed or anything that has to do with the Foundation we post it up there, so that if people want to participate or become part of his Committee.  They are welcome to do so.”

JR (c. 15:40):  “Well, Denika, I just want to salute you for standing on the front line when you’ve faced such an atrocity to your own family, the atrocious murder of your own son by somebody who was a so-called public servant.

“Do we know the name of the police officer that killed your son?”

Denika Chatman (c. 15:59):  “There were actually four of them.  And all their names are listed on the Justice 4 Kenneth Harding, Jr. site as well.”

JR (c. 16:06):  “Well, thank you for standing on that front line.  We appreciate your strength and your commitment and dedication.  And you know the Block Report is behind you.”

Denika Chatman (c. 16:16):  “Bless you, JR.  I also want to thank you for being a part of my son’s Board, being part of our Foundation. 

“And one thing that a lot of people don’t know, they can go get the new issue of the Bayview Newspaper, read my story.  It’s called ‘Picking Up the Pieces.’  And on there, I’m actually giving shouts out to you for coming to Seattle to see about me and my family after all of this occurred, for you for being on the front line with me in supporting me throughout all of this, to all my front-runners who are still standing on the front line, who didn’t allow the police to get to them and silence them.  Kilo Perry, Fly Benzo, Pladee Clayton, all o’ ya’ll.  I just wanna thank my true soldiers.”

JR (c. 17:05):  “Well, right on.  Salute.  Thank you for coming in.”

Denika Chatman (c. 17:08):  “Thank you for having me.”

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Writing, transcript by Felipe Messina for Media Roots

Photo by ElvertBarnes

Just yesterday, someone showed me another disturbing Monterey Park, CA video of a man being brutally gunned down this week by one of a swarm of cops attempting to apprehend a man with a crowbar outside of a fast-food restaurant who had broken some windows.  Instead of overpowering the man with their bare hands, one murderous, unprovoked, cop lunges forward and starts firing on the man.

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Guantánamospeak and the Manufacture of Consent

GitmoFlickrArtMakesMeSmileMEDIA ROOTS — On a recent KPFA radio broadcast, Project Censored discussed the ten-year mark of the U.S. Guantánamo Bay gulag and its implications for the Rule of Law.  One of Project Censored’s featured guests, Dr. Almerindo Ojeda, delivered an Occupy UC Davis – Dissent Lecture on December 1, 2011 at the University of California at Davis.  We present that address here, entitled Guantánamospeak and the Manufacture of Consent.  Dr. Ojeda is a professor of Linguistics and the Principal Investigator in the Guantánamo Testimonials Project of the Center for the Study of Human Rights in the Americas at UC Davis, for which Dr. Ojeda serves as Director.   

If prisoners at Guantánamo were the canaries-in-the-goldmine, then the U.S. people have not heeded the warning of the decade, a testament to the efficacy of U.S. state propaganda and social control.  The Bush era policies of imperialism and domestic repression have only escalated during the Obama Administration–with Obama’s recent signing of the NDAA (S.1867), any one of us may arbitrarily face the same fate as those languishing at Guantánamo.

MR

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GUANTÁNAMOSPEAK AND THE MANUFACTURE OF CONSENT

 

For those who stubbornly seek freedom around the world, there can be no more urgent task than to come to understand the mechanisms and practices of indoctri­nation […] Propaganda is to democracy what vio­lence is to totalitarianism.

Noam Chomsky



Much has been made about prisoner abuse at Guantánamo.  And rightly so: Guantánamo is an ongoing crime against humanity.  If you don’t believe me, take a look at the Guantánamo Testimonials Project we have been carrying out at this campus.  But even though a lot has been said, there and elsewhere, about prisoner abuse at Guantánamo, relatively little has been said about language abuse at the Cuban airbase.  Yet, there has been a lot of it.  And we need to talk about it, if only because prisoner abuse is enabled by language abuse.

Abusing a human being is not easy to do; consenting to do it is not something that comes naturally.  As a matter of fact, the consent to abuse a fellow human being is something that needs to be manufactured.  It needs to be built.  Like a house.  Brick by brick and room by room.

How was this consent to abuse manufactured at Guantánamo?  First, you instill fear.  You say that Guantánamo holds vicious criminals that would not hesitate to chew on hydraulic tubes to bring an airplane down.  Then you cultivate hatred.  You say that each and every one of the individuals detained at the base was personally responsible for 9/11.  Then you abuse language; you engage in what Orwell would call Guantánamospeak.  It is this third step that I want to focus on today.

The abuse of language at Guantánamo began by coining the term war on terror.  A war is something that threatens the very survival of a nation.  Consequently, no citizen of that nation can be against it.  Except for the ‘traitors’ who seek the destruction of their own nation.  But is terrorism something that threatens the survival of our nation?  It can lead to massive loss of life (as 9/11 did).  And it can be a crime against humanity (as 9/11 was).  But threaten the survival of a nation?  Wars are events that have only two natural outcomes: victory or defeat.  Consequently, if you do not root for victory, you are rooting for defeat.  Only a traitor can root for defeat.

But casting our response to 9/11 in terms of a war creates a linguistic problem.  How would you call someone you capture in that war?  Prisoner of war?  This would be extremely problematic, as prisoners of war have rights under the Geneva Conventions, one of them being the right to be free from coercive interrogation.  But interrogate coercively is something our government very much wanted to do with these captives.  So we called them detainees instead of prisoners.  This has an added rhetorical advantage: it makes imprisonment at Guantánamo sound like a minor inconvenience (like being detained by traffic).  So we should consent to that.

By the way, the verb capture is already loaded. Being captured is what happens to fugitives, possibly of justice, and hence to criminals.  Never mind that some of the individuals held at Guantánamo were captured in their homes with their families.  Or fleeing carpet bombing.  Or coming out of a courthouse that had just cleared them from charges of terrorism.  Or were handed to us by local militias in exchange for bounties (a practice that might be called human trafficking in legal circles).

Alternatively, Guantánamo prisoners may be called enemy combatants.  This reinforces the context of war, and hence the survival of the nation.  But mention of war again brings about the term of prisoner of war.  So we should clarify the term enemy combatant and speak of unprivileged enemy combatants.  Adding the adjective unprivileged manages to turn the rights of the Geneva Conventions into privileges.  Privileges are things which are granted by the grace of a legitimate authority.  Rights are something you have regardless of the generosity of the powers that be.  Rights are something powers can no more grant than they can withhold.

And just for the record: Guantánamo prisoners have rights under the Geneva Conventions.  Everyone held in an armed conflict is protected by these conventions.  The fact that some captives did not wear uniforms only means that they do not have the rights Geneva grants to combatants.  They would still have the rights granted to civilians.  For civilians are protected by the Geneva Conven­tions as well as combatants.  I should add that thinking that the Guantá­namo prisoners are in fact protected by the Geneva Conventions is not my inter­preta­tion; it is the interpretation of the International Committee of the Red Cross, which is the accepted arbiter for the implementa­tion of the Geneva Conventions.  It is the organization the signatories of the Convention, the US included, have agreed to abide by.

But we digress. Let’s return to Guantánamospeak.

Guantánamo prisoners are being coercively interrogated.  This, of course, is not called this way. That may enable dissent.  In Guantánamo, when you are taken from your cell in order to be interrogated, you are said to be making good on a reservation.  Or to be going for an interview.  So, being interrogated is like going to a restaurant.  Or applying for a job.  Nothing to dissent about there.

Interestingly, language does not always take the abuse lying down; sometimes, it fights back.  Guantánamo personnel may say, for example, that so-and-so is going to reservation, a phrase which we would never use for making good on a reserva­tion made at a restaurant (and betrays the attempt to veil the reference to interro­gations, which are something one would ‘go to’).

As has been thoroughly reported, interrogations at Guantánamo can be brutal.  They may involve beatings, sleep deprivation, solitary confinement, exposure to temperature extremes, blaring noise, painful binding, and threats of death or harm to self or to others.  Such practices are what independent observers call torture.  But they cannot be called that in Guantánamo.  That would sow the seeds of dissent.  There, these practices are collectively referred to as procedures of enhanced interrogation instead.  Interrogation is acceptable in a criminal setting (given legal protections).  So, what is wrong with enhancing an acceptable procedure?  We should consent to it.

Each one of the aforementioned forms of torture has its own special entry in the dictionary of Guantánamospeak.  Food deprivation is called dietary manipulation—a lapse, perhaps, as manipulation often refers to less-than-legitimate doings (language fights back again).  Sleep deprivation is called sleep management (nothing wrong with managing sleep, is there?  After all, you do not want to be a slouch).  Under one of the modalities of sleep management, a prisoner can be moved, almost continuously from one cell to another for weeks.  This involves full bodily searches, gatherings of belongings, three-chain shackling, marching from one cell to another, and unshackling.  This is done around the clock for weeks, as a consequence of which the prisoner is unable to sleep for more than one hour at a time.  This form of sleep deprivation is referred to as the frequent flyer program (so the movement from cell to cell is to be thought of as the benefits program one gets from an airline by traveling a lot with it).  This is supposed to be funny.  The program is also called Operation Sandman, thus making a perverse reference to the nursery rhyme used to put children to sleep (and acknowledging, via sar­casm, the real purpose of the exercise).

The most common form of beating in Guantánamo comes in the context of forced cell removals.  Suppose a non-compliant prisoner refuses to go to interrogation (or to make good on a reservation he never made).  An Immediate Reaction Force is called in.  An Immediate Reaction Force is a team of six guards in full riot gear that march into a cell, pepper-spray the prisoner (some of you may know about this first-hand)…  In any event, they pepper-spray the prisoner, charge on him, slam him onto the ground, beat him up badly, hog-tie him, and take him wherever he needs to be—which, at that point, is usually the infirmary.  Interestingly, these events are called irfs (based on the acronym for Immediate Reaction Force), and the action itself is called an irfingIrf is a new word of American English.  But we didn’t need it.  We already had a term for that.  It would be aggravated battery.  But this term, of course, would sow dissent, and cannot be used.

Beyond aggravated battery, bearing three-chain shackling (on wrists, ankles, and waist) is referred to as wearing a three-piece suit (thus making light of excessive binding by reference to an elegant suit of clothes).  To soften up a hardened terrorist in reservation, the prisoner is made to squat on the floor about a metal eye-ring where he is painfully chained from his wrists and ankles.  This is called a stress position (stress being an unavoidable feature of modern life).  Independent observers might call that binding torture instead.  Then, if all else fails, a prisoner is threatened with being taken to a country where he can be physically abused (beaten, electroshocked, cut, suffocated, or burned).  A practice of torture by proxy from which we can remove ourselves linguistically by appealing to the aseptic term extraordinary rendition.  Language is used here to conceal reality rather than to reveal it.  But the most common form of torture associated with the war on terror is, by far, water­boarding.  Being a widespread form of torture, waterboarding goes under myriad names the world over.  It is not certain that waterboarding actually happened at Guantánamo.  But other forms of controlled suffocation (dryboarding) have been proposed as explanations for the first three deaths in custody at the base.  The one pertinent testimony we have about actual waterboarding has reached us anonymously, allegedly from a guard, who said the practice hap­pened all the time at Guantánamo, where it was not called waterboarding but drown-proofing.  As if prisoners were being protected from drowning—which I guess is true.  Except that it is us that are causing the drowning.  And the protection is only from the natural outcome of drowning (death).  And only to prolong the agony of the victim.

Incidentally, waterboarding is sometimes described as simulated drowning.  Or as a procedure that induces the misperception of drowning.  This is inaccurate and misleading.  It is inaccurate because waterboarding is not simulated drowning; it is actual drowning.  Only that it is controlled so as to prevent death and thus prolong the agony.  Controlled drowning would therefore be closer to the mark.  Describing waterboarding as simulated drowning is also misleading, as it suggests that the problem with waterboarding is deception—which would be no problem at all; deception is a perfectly legal interrogation tactic.

In 2004, the Supreme Court dealt the first of three blows to Guantánamo.  It ruled that prisoners had to be given a semblance of their day in court.  What they got was significantly less than a semblance.  They got a farce.  They were subjected to so-called Combatant Status Review Tribunals (CSRTs).  They were called tribunals in order to say that the ruling of the Supreme Court was followed.  But they were nothing like a real American tribunal.  First, the prisoners were not allowed a lawyer; only a personal representative.  And that representative was a member of the military.  Consequently, he had the same employer as the prosecution.  The tribunal took place before a panel of three judges.  They too were members of the military.  As was the “court of appeals” that could overturn the decisions of these tribunals.  As if this were not enough, the prisoner could be tried on secret evidence.  So, there was no way he could defend himself properly.  Hearsay was admitted into the record as well.  And the evidence brought about by the prosecution could not be questioned.  It had to be taken as fact.  This asymmetry between the claims of the prosecution and those of the defense can be traced linguistically in the transcripts of the CSRTs.  The allegations of the prisoner are described as such by appealing to verbs of saying (what are known in the trade as verba dicendi).  Verba dicendi are verbs like says, alleges, claims.  Crucially, however, the charges of the prosecution are mentioned straight up without such verbs.  The impression you therefore get is not one of a conflict between charges and refutations, but one of a clash between facts and counterclaims.  The former breeds dissent; the latter, consent.

The outcomes of the CSRTs were also interesting specimens of Guantánamospeak.  The verdicts of these tribunals were not, as one may expect, innocence or guilt.  No; they were still an enemy combatant or no longer an enemy combatant.  For, finding that a prisoner was not an enemy combatant would question the original evidence supporting his capture.  It would also raise the possibility that he was imprisoned without cause in the first place.  But that would detract from the consent being manufactured.

Amazingly, in remarkably few cases, and in spite of having the cards stacked squarely against him, a prisoner could be ruled to be no longer an enemy combatant.  At which point, the “court of appeals” which, as we said, was also employed by the military, convened a new tribunal to review the results.  Such revised tribunals invariably reversed the ruling of the first tribunals, and found the prisoners to be correctly designated as enemy combatants after all.  Interestingly, these new tribunals were called reconvened tribunals.  As if the original tribunal had just taken a break for lunch and “reconvened” afterwards.  Never mind that the new tribunal had an entirely different panel of judges, was allegedly handed new evidence, and reached the opposite verdict than the old one.

One of the constant fears in Guantánamo is that the prisoners would commit suicide (prison suicides reflect poorly on prisoner treatment).  So, suicides are linguistically impossible in Guantánamo.  According to the prison manuals that have been made public, what we have there can only be described as self-harm gestures—like slapping your forehead or biting your fingernails, I suppose.

Hunger strikes are linguistically impossible in Guantánamo as well.  Like prison suicides, prison hunger strikes are signs of poor conditions at the prison.  Thus, what the Guantánamo manuals prescribe is the use, not of hunger strikes, but only of total voluntary fasts.  This contorted Orwellian idiom removes hunger strikes from the realm of protest and transfers them into the realm of religious beliefs (the prisoners are religious fanatics anyway).  And into the realm of free, volun­tary activity, the existence of which would actually reflect well on the prison.

Incidentally, I mentioned that some Guantánamo manuals have been made public (thanks to the transparency organization WikiLeaks).  This is no small matter, given the amount of censorship that clouds the base.  Once again, censorship (which is unbecoming of a democracy) is called secrecy (an admissible practice in wartime).  It is also called redaction when it is applied to a document.  But to redact a document means to write it (or used to mean as much before the War on Terror).  By coopting the term redaction, censorship vanishes into the very creation of the document; it becomes inevitable (and hence acceptable).

More than 600 of the 779 individuals that have been imprisoned at Guantánamo at one time or another have been released.  A few of them went on to engage in hostilities against the United States or their interests (exactly how few is in dispute).  This has been described as recidivism.  Or as returning to the battlefield.  Even if their captors never claimed that the so-called battlefield returnees had ever been in a battlefield in the first place.  The possibility that these individuals were actually retaliating for the torture they endured at Guantánamo is seldom raised.  For that would suggest that some of the violence we endure is the result of the violence we inflict.  

Consenting to abuse a fellow human being is not something that happens naturally; it is something that needs to be manufactured.

Almerindo Ojeda, Principal Investigator

The Guantánamo Testimonials Project

Center for the Study of Human Rights in the Americas

University of California at Davis


Author’s Note:  The term manufacture of consent was coined in 1921 by Walter Lippman in his book Public Opinion (see Chapter XV).  According to Lippman, the manufacture of consent was a form of propaganda that the élite had to unleash on the unenlightened masses of a modern democracy.  The term was subsequently used by Chomsky and Herman in the title to a book they published in 1988.  In that book they revealed the way in which profit motive corrupts the mainstream media into manufacturing consent.  The term Guantánamospeak is based on the term Newspeak Orwell coined in his book 1984.  The epigraph to this paper was taken from “Propaganda, American style,” an article which is available online at zpub.com/un/chomsky.

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Photo by flickr user Art Makes Me Smile

Ron Paul’s $1 Trillion Restore America Austerity Plan



RonPaulFlickrJohnE777MEDIA ROOTS — As Republican Presidential Candidate Ron Paul seduces progressives, we take a look at some perspectives and analyses of Ron Paul’s rhetoric as well as Paul’s published political agenda, such as the $1 Trillion ‘Restore America‘ Austerity Plan to cut the Pentagon 15%, but Food Stamps 63%, S-CHIP 44%, Medicaid 35%, WIC 33%. 

Also, the Fed; militarism bait-and-switch question; opposition to Davis-Bacon Act and its impact on trade union movements; Taft-Hartley; union-busting right-to-work agenda; states’ rights contradictions; the gold standard reality; deflation; and tax policy.

Economic historian Webster Griffin Tarpley warns progressives may be misreading Ron Paul as a progressive with compatible ideals, such as the Occupy Movement.  Recently, Tarpley offered a “Critique of Ron Paul’s Austerity Plan” on Guns & Butter.  Tarpley also elaborated upon his critique of Ron Paul’s austerity plan during a visit on The Jeff Rense Program.

Messina

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GUNS & BUTTER — “Critique of Ron Paul’s Austerity Plan with Webster Griffin Tarpley.”  December 28, 2011.  Ron Paul’s “Plan to Restore America” includes $1 trillion in cuts to the federal budget in one year.  We take a look at what this would mean for the American people.  Ron Paul is the Republican front-runner to win the Iowa Caucus on January 3rd, 2012.

“I think it’s fair to say Ron Paul’s economic policy is an immediate deflationary crash and the more severe the better.  Everything should crash down.  And then after this orgy of creative destruction, then there’ll be a recovery.  And, of course, the problem with that is, what if you starve to death in the meantime?  What if you don’t survive the creative destruction?  What if you die?  

To fight a depression, for the Austrian School, is a contradiction in terms.  You can’t do that.  You’ve gotta let the depression wash over you, play itself out.  And then there’ll be a recovery.  And, of course, if you ask where are the empirical examples, historically, of letting a depression burn itself out.  They can’t give you any.” –Webster Tarpley

“I’m Bonnie Faulkner.  Today on Guns & Butter:  Webster Tarpley.  Today’s show:  Critique of Ron Paul’s austerity plan.  Webster Tarpley is an economic historian, author, lecturer.  He is author of Against Oligarchy, Surviving the Cataclysm, a study of the world financial crisis, 9/11 Synthetic Terror: Made In the USA, and co-author of George Bush: The Unauthorized Biography.  His latest books are Obama – The Postmodern Coup: Making of a Manchurian Candidate and Obama: the Unauthorized Biography.  

“On today’s programme, we discuss the Restore America budget proposal of current Republican front-runner Congressman Ron Paul, leading up to the Iowa Caucus, on January 3rd, 2012.

Bonnie Faulkner:  “Webster Tarpley, welcome.”

Webster Tarpley (c. 2:37):  “Thank you so much.  It’s good to be with you.”

Bonnie Faulkner
(c. 2:40):  “The next U.S. Presidential Election is November 2012.  Obama doesn’t appear to have any serious challenge in the Democratic Primaries, but there are quite a few Republican Primary contenders.  The Iowa Caucus is January 3rd.  What exactly is the Iowa Caucus?  And how important is it or isn’t it?”

Webster Tarpley
(c. 3:05):  “Well, the Iowa Caucus, for Republicans, as distinct from Democrats, are that you show up at a caucus location, which really amounts for the Republicans to a polling place.  And you indicate your preference on, I think, a paper ballot and then you walk out.  It does not seem to imply for the Republicans the caucus building, like the horse-trading or negotiation or short speeches or other things that a caucus would suggest.  So, that’s going to be the first Tuesday of the New Year.  And it’s all very much front-loaded.

“And according to the polls, as we are recording this programme, Ron Paul seems to be the leading candidate for the Ohio Republican caucus.  And, of course, he had run there before in 2008 when, I believe, he came in third.  And now he has shown as likely to come in first.  I would just like to caveat that in two senses.  A caucus, even a Republican caucus, is not quite the same thing as an election.  If you wanna go vote, you can usually get in and out within five or ten minutes, depending on where you vote and what time.  The caucus takes a little bit longer.  So, it may not be possible for the polling to predict what’s gonna happen in that way.

“The other thing is that the recent winners in a place like Iowa have included Pat Robertson, the televangelist, in 1998.  And it included, preacher, Huckabee in 2008.  So, there’s a very strong voting block of Christian fundamentalists and they may not like Ron Paul for some reason.  But maybe we can go through at the end Ron Paul’s social policies.

“But I would suggest the following:  People who consider themselves left of centre, or progressive or anti-war or civil libertarian, may have gotten a positive impression of Ron Paul over the years because he’s been certainly a gadfly in the Republican Party opposing the prevalent Bush/Cheney/neocon warmonger line, which is certainly a merit.  And it remains, right?  Those are things that he’s done that cannot be denied.  He’s also pretty reliable, as a vote, against things like the P.A.T.R.I.O.T. Act and so forth.  Although, I must say, he did vote for the 9/11 Resolution, which led to the war in Afghanistan.  So, he’s not exactly a man for all seasons in opposing aggressive war.  He went along with the post-9/11 hysteria to that extent.  

“But I would suggest, now, that we take a look at the most detailed policy paper that he has put out for this Election Cycle, which is his Restore America programme, which is a fairly detailed economic programme, not as detailed as some, but certainly something to go on.  It’s called Plan to Restore America.  It was issued around the middle of October.  And I noticed that, in the run-up to the Iowa Caucus, scant attention is paid to this.  The news media, especially those that wanna oppose Ron Paul, are interested in his old newsletters from the 1990s and the various racist, anti-Black or other, remarks that are contained in there.  I would simply say, Ron Paul really ought to say who wrote those.  If he didn’t write them, then he should really be in a position to say who did.  

“But I would say, ‘Put that aside. Let’s go on the basis of what he says he wants to do if elected President this time around.”

Bonnie Faulkner
(c. 6:57):  “Now, Ron Paul is the front-runner at this point.”

Webster Tarpley:  “22%”

Bonnie Faulkner (c. 7:01):  “Yeah.  And this caucus is gonna happen quite soon on January 3rd.  Now, what is his Restore America budget proposal that he’s actually now saying what he would do.”

Webster Tarpley (c. 7:11):  “Right.  Well, let’s take a look at this.  I think this is, by now, eminently fair game.  And fairer to him than his newsletters, as disturbing that those certainly are.  He starts off with a plan to cut $1 Trillion dollars out of the U.S. Federal Budget in one year.  And I stress the idea of one year.  You have perhaps heard during the course of the Super Committee, otherwise known as the 12 tyrants, that group of six Republicans and six Democrats I guess it was.  This came down to cutting $1.2 Trillion.  But that $1.2 Trillion was spread out over ten years.  And at a certain point they talked about a grand bargain of cutting $4 Trillion or more.  That was also spread out over 10 years.”

Bonnie Faulkner (c. 8:05):  “That whole committee never came to any agreement, right?”

Webster Tarpley
(c. 8:08):  “Thank god.  They struck out.  Now, obviously, we have the automatic guillotine, the sequestering.  And it’s not clear when that will happen or if it will ever happen ‘cos the Congress may head it off.  

“But, again, let’s focus on Ron Paul because this is gonna be the big news item, I think.  He’s either gonna win the Iowa Caucus or he’s gonna come in second or third, I would think is a fair prognostication.  

“Think of $1 Trillion dollars.  That’s one thousand Billion U.S. dollars in one year.  This is, again, it’s ten times more concentrated than what the Super Committee was talking about—right?—those twelve tyrants, bad as they were.  We’re talking about something much more gradual.  For Ron Paul, it’s cut $1 Trillion of spending during the first year of the presidency and balance the budget, bring the Federal Budget into balance by the end of the four-year term.  

“Now, that’s already the most radical austerity plan of any candidate.  And it’s also the most radical austerity that any modern industrial, or even post-industrial, society has ever experienced.  If you want a comparison, I compared it to, sort of, the landmark austerity of the 20th Century—Chancellor Heinrich Brüning in Germany between 1930 and 1932.  My estimate, just comparing these things in a kind of rough proportionality is that Ron Paul’s cut of $1 Trillion dollars of the U.S. Federal budget, which amounts to 27%, something like that, a little bit more than one-quarter in one year, that this is, on the whole, four times more severe than what Brüning did between 1930 and 1932.  And Brüning did it over two years.  And that’s included in my calculations.

“So, with Ron Paul, you’re getting something four times more severe than Brüning.  And  I think that ought to give us pause because I think it’s generally understood that, whether Brüning had alternatives or not, the net effect of his austerity programme was to destroy the German economy, with rising unemployment and falling tax revenue; and to destroy the political system, such that within about six months after Brüning left office, Hitler became Chancellor.  So, this is basically what prepared the ground for the worst kind of fascism seen so far.  So, I think that ought to get us to pause.

“27% austerity in one year, the Government in Britain—Cameron and Osbourne and Clegg—they had talked about cutting spending by 25% when they came in May of 2010.  But they haven’t come anywhere near that.  So, here we have Ron Paul saying that he’s actually gonna do it.

“Now, I think what people may be interested in is, ‘where did these spending cuts occur?’  So, 27% would be the norm across the board.  Given the fact that Ron Paul has made his name as an opponent of militarism and foreign adventurism and foreign bases and so forth, we would certainly expect, I think, that if everybody’s gonna get cut 27% across the entire Federal budget, as a general rule, that the Pentagon would get cut at least as much or maybe more.  But I’m afraid we find that’s not the case.  The 27% across the board cut goes together with a 15% cut in the Pentagon.  So, the Pentagon is asked to give up about half of what the Federal Budget is as a whole is being asked to give up—a 15% Pentagon cut, not very radical.  That is not even radical compared to other proposals that are now going around.  

“But I think you can also, then, look at certain social programmes that I think raise the relevant doubt concerning what Ron Paul is up to.  Suppose we look at an area like child nutrition.  This is largely the WIC programme, women, infants, and children.  And it comes down to things like high-protein meals for pregnant women, nursing mothers, young mothers, and infants.  And it’s a very, very effective programme.  And the United States is spending all of $21 Billion dollars on that.  Right?  A few days of the Afghan War.  $21 Billion dollars is spent on WIC.  Ron Paul would cut one-third of that programme.  That is a $7 Billion dollar cut—33%.  So, again, Pentagon gets cut 15%.  Women, infants, and children get cut 33%.  And this comes down to things like cheese and dairy foods and things like this that are high-protein.  The costs incurred with such a programme, I think, allow us to ask whether this is not a false economy because you’re talking about things like cognitive impairments due to insufficient protein consumption in infancy and early childhood.  And I think that’s a very, very short-sighted cut to put it mildly.

(13:51) “And then let’s go on.  S-CHIP, the State Children’s Health Insurance Program, one of the things that Senator Kennedy had championed, well, right now, the budget for that is $9 Billion dollars.  Ron Paul wants to cut $4 Billion.  That brings it down to $5 Billion.  So, Ron Paul would cut 44% of the S-CHIP programme.  And, again, Federal Budget as a whole, 27%, Pentagon gets cut 15%.  But, for some reason, child health insurance gets cut 44%.  Now, these are small amounts, but the effect of this, I think, is quite remarkable because with S-CHIP you are dealing with parents who are so poor that they can’t afford any healthcare for themselves.  But they can get it for their children just about automatically if they meet the poverty tests for this, the means test for S-CHIP.”

Bonnie Faulkner (c. 14:48):  “I’m speaking with economic historian and author Webster Tarpley.  Today’s show: Critique of Ron Paul’s Austerity Plan.  I’m Bonnie Faulkner.  This is Guns & Butter.

“What other important programmes is he suggesting be cut?”

Webster Tarpley (c. 15:07):  “The two big things that Ron Paul would cut are also very disturbing.  One is Medicaid.  This is not Medicare; this is not people over 65.  This is Medicaid.  And this is the health programme that is run through the states for poor people, basically.  The current budget: $276 Billion.  Ron Paul would cut $95 Billion out of that.  So, that’s a 35% cut.  

“Again, Pentagon cut 15%; Medicaid cut 35%, by comparison.  And I think that is a very destructive cut because, what it goes to is, people who are on Medicaid are already at their last resort.

“The only thing that’s left after Medicaid is private charity, which may be there or may not be there, depending on where you are, and who are you are, and so forth.

“The other thing that Medicaid does is that it protects the resources, the property—and Ron Paul likes to talk a lot about property—the property of the U.S. middle-class in the age of Alzheimer’s and increasing cost for nursing home care.  This actually protects.  And I was at a party, just before Christmas, where a guy brought this up that his mother had passed away after a long illness.  And part of the care for her was covered by Medicaid, although he was firmly in the middle-class, living in a home in Bethesda, Maryland.  This protected him from going destitute with his wife and his son.  So, it’s a very, very big cut for the health of poor people where, obviously, we still have 40 or 50 million uninsured unless, and until, something else kicks in, which we’re not sure of.  And this protection for families who have an elderly parent, say, in a nursing home, so that doesn’t eat your entire asset pool that you’ve got.

“And then, probably the most extreme and maybe the most characteristic, food stamps:  Now, food stamps have been used by, I’m afraid, Republican demagogues to characterise Obama.  I think, Gingrich says, Obama is the food stamp president and Gingrich wants to be the jobs president.  Well, I think the scandal is not that the programme exists, but that it’s actually needed.  Right now about 50 million Americans live on food stamps.  And this is not a generous benefit.  If you’re one person, the maximum food stamp benefit is $180.  And that’s the maximum.  If you have a little bit of property or a little bit of savings, then it becomes less than that.

“So, Ron Paul wants to cut $50 Billion out of an $80 Billion dollar programme, in other words, a cut of 63%, almost two-thirds.  

“So, again, Pentagon 15%, food stamps cut 63%.  And if you just do the arithmetic, it means that the maximum benefit would not be in the area of $180 per person.  It would go down to something like $60 a month or $15 a week.  Now, try living, eating, anything that can keep body and soul together for $15 a week.  I think if we look at, in particular, the inherent problems of the child nutrition and child health on one side.  And then, if we look at the broad-based impact on the poor because the people who get Medicaid and the people who get food stamps are likely to be, quite a few of them, the same people.  And they’re getting cut between one-third and two-thirds.  

“I think you can see a tendency.  And what I mean by that is this.  We’ve been burned by Obama.  Obama said vote for me, I’m not Bush.  I’ll put an end to the wars and the abuses of the Bush Administration.  And, instead, he basically starts a war with Pakistan, certainly starts a war with Libya, claims the right to assassinate U.S. citizens, carries that out in one case.  He claims he can incarcerate you in Guantanamo Bay and, indeed, torture you if you have opinions that he considers dangerous.  So, instead of what we were promised, we got something quite different.

“Now, if we look at the Republicans, Boehner, and the House Tea Party majority, they ran talking about jobs, jobs, jobs.  But instead when they got in, it was tax cuts for the rich and their strange ideas about social policy.  So, I think we have to ask:  Is a bait-and-switch in progress here?  Where Ron Paul talks about peace and opposition to dictatorship and totalitarianism on the home front, but instead seems to be getting a draconian, brutal series of budget cuts.

“And one or two other things about this:  There is the Davis-Bacon Act, landmark legislation.  And what it proscribes is if you have a Federal construction project, then that has to pay union wages.  It’s called the Prevailing Wage StandardPrevailing wage is interpreted to mean union wages, union pay scales.  So, you’re not gonna get a Federal construction job and then be expected to work for the Federal minimum wage.  It’s significantly higher.

If you wipe out the Davis-Bacon Act, then this, essentially, destroys a whole series of trade unions.  And the savings on this:  $6 Billion dollars.  But, at the same time, look at the social impact.  The trade unions would cease to exist.  

“The combination of Ron Paul, the father, and Senator Rand Paul, the son, Senator from Kentucky, what they both want to do is to change the Taft-Hartley law, which currently governs union policies, at least at the Federal level.  They want to change that, so that instead of having a state’s right to choose to be a union state or, to put it the other way, instead of having some states that have chosen to be right-to-work states where organising unions is almost impossible, this is the Southern belt, in general.  Rand Paul and Ron Paul, too, they want to, essentially, have a compulsion at the Federal level that everybody has to be a right-to-work state.  

So, between the abolition of the Davis-Bacon Act and the universal right-to-work status there would be no trade union movement left.  So, I wonder about this.

“First of all, Ron Paul talks about state’s rights all the time.  But right now we have a state’s right to choose not to be a right-to-work state.  And my interpretation of Ron Paul’s policy, and his son, is that they want to change that, so that you’re no longer allowed to be anything but a right-to-work state.  So, a state’s rights in their interpretation goes out the window.  Interesting contradiction, wouldn’t you say?

“The other thing is if you wanna have resistance to totalitarianism, and we saw this, for example, in the Occupy Wall Street Movement.  Right?  The point at which that took off was the moment when the Communication Workers of America, the Transport Workers Union, the American Federation of Teachers, and others, when they showed up to swell the ranks of the protesters there at Zuccotti Park, you could see the idea that if you had a some kind of a fascist coup or if some president went over the line, bonkers in terms of crushing civil liberties, the only hope for organising a general strike and other forms of resistance against that would be a union, would be a trade union movement, even such as it is, would be the starting point.

“But, somehow, between Ron Paul and Rand Paul, they wanna wipe out the only institutions that could mount a resistance against totalitarian measures of that sort.  So, on the whole, rather strange, wouldn’t you say?

“The other thing here is if we look at Ron Paul’s tax policy that goes with this, and I’m now basically making the transition into the tax side of the ledger.”

Bonnie Faulkner
(c. 23:59):  “Well, he wants to keep the Bush Tax Cuts, right?  Permanently.”

Webster Tarpley (c. 24:04):  “Absolutely, he wants to keep the Bush Tax Cuts.  And he wants to add, well, he wants to keep these Bush Tax Cuts, which everybody knows inordinately favour the rich.  He wants to keep the Bush Tax Cuts.  And he wants to abolish the Capital Gains Tax.  

“Now, if you look at the U.S. economy, you would have to say that the principal, one of the principal problems of the U.S. economy is this over-financialisation.  The extreme emphasis on financial services, non-productive financial services, speculation, moving paper around, the $1.5 quadrillion or so of derivatives, much of it focused here in the United States.  Ron Paul would, essentially, subsidise further parasitical speculation and related activities by simply abolishing the Capital Gains tax.  But if you were a full-time speculator you would pay no taxes at that level, in terms of the capital gains.  That money would be for you; you wouldn’t pay income tax on it.  But if you were a worker, you would pay a tax.  

“So, no Capital Gains Tax and no Estate Tax, he would call it ‘no Death Tax.’  So, it means that if you were a speculator that made out like a bandit in the Reagan bubbles of the ‘80s and the irrational exuberance of Greenspan in the ‘90s and into the current bubble economy of the wealth effect and so forth, that the last chance to have you contribute to the public treasury would be gone because Ron Paul wants to give you an absolute free ride.

“The interesting thing is he wants to cut the corporate income tax down to 15%.  The Corporate Income Tax is, really, not paid by a whole lot of very large entities.  Right?  General Electric, notoriously on their…paid zero corporate income tax in the most recent year that I’m aware of.  But Ron Paul says, even, bring that down.  I think the current level is 35%.  ‘Bring that down to 15%.’  

So, this is tax relief for speculators, tax relief for those who are already rich and who wanna inherit and tax relief for corporations, including banks.  So, is there any tax relief for the average person?  The answer is no.  There is no proposal to cut anybody’s taxes beyond that.  You could imagine somebody saying, ‘Well, I’d like to increase the size of the personal deduction. The standard reduction could go up. The personal exemption could go up.  That would be the rising tide that would lift all boats from below.  But with Ron Paul, there’s absolutely nothing like that.  There’s no tax relief for anybody, except the speculator, if you are already rich, or a corporation.”    

Bonnie Faulkner (c. 27:05):  “Well, isn’t he also proposing to eliminate taxes on foreign profits?

Webster Tarpley (c. 27:10):  “Yes!  Yes.  Of course, in other words, he wants to, essentially, reward corporations that have horded money abroad, essentially, evading U.S. Taxes.  He wants to, basically, have an amnesty allowing them to bring this home with no mechanism to be sure that this got invested in plant and equipment, as distinct from derivatives or speculation and no taxation of it.  So, this would be in addition to all these other cuts.  

“So, you’d have to look at this and say ‘If you’re the Koch Brothers, the richest man in New York City—Koch.  Or Coke, as he likes to call himself, putting on airs.  The Coke brothers, or the Koch Brothers, as I think it says in the spelling that I could see.  They would be delighted.

Soros would be delighted.  Soros was also delighted with Ron Paul’s drug policy.  We’ll maybe get to that later on.  

“But, generally speaking, this is precisely what Wall Street demands.  And there are, indeed, reports that in the 1990s, if not more recently, Ron Paul was financed by the Koch Brothers.  Right?  The Koch Brothers, the people who founded the Cato Institute, or who made important contributions at the beginning to make the CATO Institute.  It’s possible that’s the leading Libertarian think-tank here in Washington, D.C., quite plausible that they would have given some money to a leading Libertarian candidate going back there—Ron Paul.”

Bonnie Faulkner
(c. 28:47):  “I’m speaking with economic historian and author Webster Tarpley.  Today’s show:  Critique of Ron Paul’s Austerity Plan.  I’m Bonnie Faulkner.  This is Guns & Butter.

“What five cabinet departments is Ron Paul proposing to eliminate?”

Webster Tarpley
(c. 29:07):  “Right.  This is his fight with Rick Perry.  Rick Perry wanted to eliminate three of them, but couldn’t remember the third.  And Ron Paul said, no, that’s not enough.  So, they had a bidding war.  Who was going to destroy more departments of the Federal Executive?

“Well, it’s basically these.  It’s the Department of Energy, goes to  zero.  The Department of Housing and Urban Development goes to zero.  The Department of Commerce goes to zero.  The Department of the Interior goes to zero.  The Department of Education goes to zero.

“Now, I should also mention this is within the framework of what he wants, a 10% cut in the total number of Federal workers.  I think the employees of the Federal Government are about four and a half million.   So, if it’s 10%, we’re talking about half a million new unemployed, which would create severe depressed areas.  Well, Washington, D.C. would certainly go.  And Maryland, Virginia would all become a depressed area.  And not just those, some other ones would, too.

“If you look at The Department of Energy, this has to do with, well, it has to do with maintaining all kinds of standards on, say, nuclear reactors, things like this.  It has national laboratories in there.  Housing and Urban Development, right?  There’s not a lot of public housing being built.  But what there is relies to some extent on subsidies coming from HUD, Housing and Urban Development.  

The Department of Commerce:  That’s, among other things, the U.S. Weather Service and its intent to maintain U.S. exports abroad, in other words, to create jobs that way.

The Department of the Interior:  The National Parks.  But also important things that have to do with Resource Management and part of that.

The Department of Education:  Now, here we’re talking about things like Pell Grants, the various student loans that are offered, which, unfortunately, people have to rely on too much.  And then the Pell Grant side of it, in other words, if you’re a low-income student and you wanna go to college, virtually, you’re only hope is to get a Pell Grant, which is not generous.  I forget what it is right now.  It’s a couple of thousand dollars a year; you could check the amount.  But it’s hardly enough to get by at a community college or a public institution.  But that’s what there is.

“So, for all of that, for public housing, for Pell Grants, for poor kids to go to college, for various things to do with energy, the promotion of exports, weather forecasting, there’s nothing left.  It all goes to zero.  That would be a colossal impact on the Federal Government.  He thinks that all of these, of course, are unconstitutional and so forth.  And we’ll talk about his constitutional theories, too.

“The other thing that I would stress is all foreign aid in the State Department, the State Department takes a big hit because all foreign aid is terminated.  Now, that’s about $50 or $60 Billion dollars.  And, certainly, there are things in there.  For example, we are told that the U.S. claims that they paid $10 Million dollars to try to hijack the latest Russian elections to get people to vote against Putin, to get them to vote for candidates, in some cases, who are national Bolsheviks, anybody but Putin seems to be the idea.  Now, in reality, it’s more than $9 or $10 Million.  It might be $100 Million.

“There are things in the foreign defence budget that are reprehensible and should be cut.  But then let’s not throw the baby out with the bath water.  If you look at emergency food in the world, emergency food aid, available on Planet Earth, the United States, in spite of everything, still provides 57%, well over half, of all the food aid in this world.  And it comes down to, in particular, about two and a half metric tonnes of food aid, costing $2.6 Billion dollars a year.

“Now, in 44 countries, and you could think of some dramatic examples, in Somalia, in South Sudan, in Northern Kenya, across the Sahel Belt, go to some place like Mali where the Libyan food operations have now been destroyed by the attack on Libya where famine is presumably spreading.  Places like Bangladesh, places like Pakistan in the recent flood, Haiti, to be sure, make a catalogue of all the disaster and famine areas across the world, and you will see that the U.S. is there.  This is food for peace, as Kennedy called it.  The Kennedy Food for Peace programme would simply cease to exist.  Now, I don’t have statistics to back this up.  But I would invite somebody to consider, to score this, not in terms of deficits, but in terms of human lives, as indeed all of these, everything we’ve talked about so far has implications for morbidity, mortality, longevity, all kinds of effects on human life, all of them generally negative.

“That if you simply take two and a half metric tonnes of food aid out of a world where there’s about 5 million metric tonnes of food aid.  Or I should say a little bit less.  People will die because of that.  And maybe it’s not generally difficult to guess that more people can die through the economics of famine and epidemic that were related, than say through military operations.  That’s generally a truism.  Robert McNamara killed more people at the World Bank than he ever killed at Vietnam simply because that’s the power of economics.

“Well,
in Ron Paul’s case it’s not just the five Departments, but it’s also the entire USAID and it’s also the United States Department of Agriculture Food for Peace that would simply cease to exist.  And I think this would shock the world.”  

Bonnie Faulkner (c. 38:42):  “Now, I read that Ron Paul wants to repeal Dodd-Frank and Sarbanes-Oxley.  What are these?”

Webster Tarpley (c. 35:49):  “Right.  He wants to deregulate everything.  This has to do with his ideology, the so-called Austrian School, which is that government intervention in any form in economic life is inadmissible.  It’s wrong.  He tries to argue that this is unconstitutional.  I don’t think that he has any case at all for that, given U.S. history as well as just the U.S. Constitution as a document.  But he wants to get rid of these things.

“Now, these are not good laws, in general.  On the other hand, the wholesale deregulation is what got us where we are.  Right?  Just take two examples:   deregulation and privatisation.  

“Well, privatisation of what?  The Republican debates, in general, say, ‘Oh, Fannie Mae and Freddie Mac and subprime lending to minority groups in rundown neighbourhoods, those people buying homes, that’s what caused the depression.  Well, even if you want to take that seriously, which I don’t, you’d have to say, ‘How did Fannie Mae and Freddie Mac that were founded as Government organisations, agencies, back in the New Deal, or more recently, how did they become private entities?  Well, they were privatised.

“So, you had the worst of all possible worlds.  You had a private management, for-profit, but with an implicit guarantee from the Federal Government for the agency bonds that they put up, the Fannies and the Freddies.  So, if you wanna know, even in terms of the reactionaries in an argument where the depression comes from, you’d have to say, number one, from privatisation.  

“Now, of course, Fannie and Freddie are a tiny, tiny part of the real story.  The real story is derivatives, in other words, that colossal edifice of credit-default swaps, collateralised debt obligations, structured investment vehicles, repos, and so forth, that immense castle of $1.5 quadrillion of derivatives built on top, in many cases of subprime loans, that’s what caused the actual depression.

“And where did that come from?  Well, from 1936 through 1982 derivatives were strictly illegal in the United States under the Commodity Exchange Act of Franklin D. Roosevelt.  And it was the deregulation of derivatives from 1982 to the Bush, the elder, Administration to Rubin and Greenspan and Summers, and these people in the late ‘90s.  That’s what opened the door to the derivatives bubbles.  

“So, we’re in a depression caused by deregulation and privatisation.  And Ron Paul says we need more deregulation and privatisation, which I don’t think makes any sense.

“The other thing that’s worth pointing out is, in terms of economic policy, Ron Paul was against the bailout.  And, certainly, it was a fine thing to be against the bailout proposed by Bush and Paulson back in October of 2008.  But at the same time, Ron Paul is very much against doing anything to maintain economic growth or development or, really, any kind of government intervention into economics.  And this is, once again, because of the Austrian School.

“I think it’s fair to say Ron Paul’s economic policy is an immediate deflationary crash and the more severe the better.  This people probably recognise.  This is Schumpeter’s Creative Destruction.  It’s associated in American History with Andrew Mellon, the arch-reactionary Secretary of the Treasury under whom as we say Harding, Coolidge, and Hoover served.  Andrew Mellon who’s litany was liquidate stocks, liquidate bonds, liquidate labour, liquidate the farmer, liquidate real estate, liquidate everything, in other words, everything should crash down.  And then after this orgy of creative destruction, then there’ll be a recovery.  And, of course, the problem with that is, what if you starve to death in the meantime?  What if you don’t survive the creative destruction?  What if you die?  

This is an argument that appeals to people who have money.  And who believe that they will continue to have money because it allows them to say, ‘I’ll be sitting here with my stash of cash. And when everything else goes down, I can buy up everybody and everything at a small fraction of the current rates after the panic.’  And I think that this thinking is characteristic of Ron Paul’s inner circle.

“I think we could argue, based on some things that Peter Schiff talked about recently.  Peter Schiff was the economics advisor for Ron Paul in the 2008 campaign.  He then went to Connecticut or he went back to Connecticut where his hedge fund is located.  And then he ran for Senate and he was defeated in 2010.  And Schiff was on CNBC in the last six months or so seriously arguing that unemployment in the United States needed to go much higher, that the levels of unemployment reached in the U.S. are not enough.  Again, this is the idea that the crisis has to play itself out, burn itself out.  It has to bottom out and there’s nothing you can do about it.  

“This is one of the features of the Austrian School is that it’s practically sacrilegious to try to fight a depression.  To fight a depression, for the Austrian School, is a contradiction in terms.  You can’t do that.  You’ve gotta let the depression wash over you, play itself out.  And then there’ll be a recovery.  And, of course, if you ask where are the empirical examples, historically, of letting a depression burn itself out.  They can’t give you any.  The one that comes closest, I guess, is the Brüning one, once again, 1930 to 1932 in Germany.  

“But you’ll see that under concrete social conditions, in the presence of some kind of a state, i.e., a government, that there’ll be some form of political development that will overtake this crisis before it reaches absolute bottom.  It simply has to be that way.  It’s hard to imagine it any other way.

“So, that’s what you’re dealing with.  It’s nice to be against the bailout.  But then to say I’m against the bailout and I’m against anything that might be done.  I think this, for many people, this is maybe not so evident, but I think it is implicit in what Ron Paul is arguing.

Austrianism basically says that it’s impossible to have a jobs programme.  And I would point to this as maybe an element of pessimism in the entire thing.  Scientific, technological, industrial progress cannot be fostered by any government activity, according to these Austrians.  Right?  It cannot be done.  And, therefore, they would say, ‘You can’t have a jobs programme; all you can do is let the market go, in other words, let the market find its own way.  So, that there’s really nothing you can do.

“And, indeed, when you ask these Republicans, in general, what’s your jobs programme?  They’ll say, ‘tax cuts, deregulation, and cut government employment, and so forth, in other words, deflation and austerity.  And you’d say, ‘Well, where’s the jobs programme in that?’  And they’d say, ‘Well, there can’t be a jobs programme because jobs created by government, in any form, are simply not allowable.

“So, it’s a very strange universe this Austrian School.”

Bonnie Faulkner (c. 43:44):  “I’m speaking with economic historian and author Webster Tarpley.  Today’s show:  Critique of Ron Paul’s Austerity Plan.  I’m Bonnie Faulkner. This is Guns & Butter.

“Now, is there anything else in Ron Paul’s Restore America budget that we should mention?”

Webster Tarpley
(c. 44:08):  “Well, maybe deflation.  This is another one of his, I guess that is fair to say, he wants a strong dollar.  Sounds good, but if you think about that concretely, if you look at American history, the big social issue from about 1870 to about 1910 was deflation.  Right?  The cost of gold.  Right?  A gold-backed currency that turned out to be the worst possible thing for the farmers, for the South, for the Midwest, for the Far West, large parts of the U.S. were sacrificed on this cost of gold, as a result of the Specie Resumption Act and The Coin Act of the 1870s.  So, that when farmers looked at the world, the prices they got were going down, down, down and the dollars they had to pay back were going up, up, up ‘cos the dollar was getting very strong.  Is that really what you want?  

“If you look at the United States today, what’s the first thing you see?  The student loan debt of the current generation is about $1 Trillion dollars and its rising fast.  And you have consumer credit card and related charge plate debt, another trillion.  So, we got $2 Trillion dollars of debt plus mortgage debt plus all kinds of other things.  You got a lot of American families underwater.  So, that their net worth is actually negative and the main problem they have is debt.  

“So, Ron Paul wants a strong dollar.  He wants to have an international credit policy that would strengthen the dollar.  Then I think that’s gonna be very bad for a lot of people because you will be paying back, ultimately, he doesn’t say he wants to make the transition to a gold standard in this programme.  He’s talked about that, though.  And, presumably, he’d like to strengthen the dollar to the point that a high dollar would have an easier transition into a gold standard.

“I think a gold standard for most people in the United States would be an unmitigated disaster.  If you have a lot of debt or if you had really any debt, any significant debt at all, that would be very bad for you.

“The examples of returning back to a gold standard, just to get historical, too.  After the Napoleonic Wars, the British went back on the gold standard.  And that gives you the world of Dickensian cruelty that you’ve heard about during the holidays.  The British then went back, again, on the gold standard in the 1920s and they had three to four million unemployed.  It was the largest unemployment in any advanced, industrial country in all of history.

“The United States went back on the gold standard in the 1870s with the bad results that I’ve just said.

“So, the three examples of going back on a gold standard that we’ve had so far are bad, that deflation is bad, especially, if you do it that way.  So, the other thing is you look and see, ‘what does Ron Paul say about things like corporate welfare?  And he promises in the introduction that he will end corporate subsidies.  So, then you’d say, ‘Alright, I’m gonna look and see where we change the tax laws to change these things like the oil depletion allowance to various subsidies given to Exxon mobile and things like that.  You don’t find any details.  So, I really wonder whether there’s anything serious in there about getting rid of corporate welfare, in particular some of the more egregious examples, like the oil company.”

Bonnie Faulkner
(c 47:39):  “So, then who’s interests are served by the Ron Paul Restore America budget?”

Webster Tarpley (c. 47:45):  “Well, I think you have to distinguish.  There’s a certain ideological appeal.  If you think that debt is the equivalent of original sin, and that what you’ve got do is somehow cleanse yourself of all debt as a matter of ideological purity.  If you wanna define interest in those ways, I would say it’s about a 15% slice of the U.S. population who are in favour of these programmes.  But I’m afraid that for most of them this would be destructive.  They’re buying something where the implications go far beyond what they think and would actually be harmful to them.

“I guess the easiest way, in the current ideological climate, is to say this is a programme for the 1%, for sure.  This is the interest of the 1%.  

“Again, no Capital Gains Tax, no Estate Tax, Corporate Income Tax of 15%, keep the Bush Tax Cuts, but NO tax relief for working people, for the lower middle-class, the middle-middle.

“Taking away these important—what can we call them—subsidies, sure, subsidium.  Right?  Help.  That’s all that means—help.  For example, that poor kids can go to college with Pell Grants or that there might be some public housing going on.  Right?  All of that removed.  So, you could say that this would hit the middle-class quite hard.  And the beneficiaries would, really, be the 1%.

Bonnie Faulkner (c. 49:22):  “How do you account for Ron Paul’s appeal?  What is making him so popular among his supporters?”

Webster Tarpley (c. 49:30):  “Well, it has to do with his track record, again, of being a gadfly and being very heretical concerning the orthodoxy of the Republican Party during 2007-2008 being anti-war during the era of Bush, Cheney, and the neocons.  Ron Paul was anti-war.  

“The problem with this is that we have to raise the question of election promises and then the delivery on those promises.  I don’t see how you can talk about any politician without doing this.  So, I would suggest looking into this.

Concerning September 11, 2001, there’s a significant amount of Ron Paul’s base that somehow still have this idea that Ron Paul is the guy who’s gonna bring truth and clarity into the inside job of 9/11 Truth.  Now, I’ve written a book about this myself.  So, 9/11 Synthetic Terror: Made in USA, the Fifth Edition is pretty much my view of the subject.  

“But when Ron Paul was running in 2007/2008, speaking off the record to small groups of supporters, he made, I think it’s fair to say, some significant promises about what he was gonna do to speak up about 9/11 truth or at least to speak up for a new investigation of some sort.  And this carried on all through the 2007 season of the Republican Presidential Debates.  Right?  They had quite a few with all those candidates.  And there was always this constant subtext that Ron Paul was the 9/11 Truth Candidate.  

“Finally, in the South Carolina Debate, January 10, 2008, Fox News and I think this was Carl Cameron asked Ron Paul:  ‘Many of your supporters call themselves 9/11 Truthers. They believe that the U.S. Government was in some way complicit with the 9/11 attacks or covered it up. Are you tonight prepared to either embrace that rhetoric or ask those supporters to abandon it or to divorce themselves from your candidacy?’

“And Ron Paul’s answer is:  ‘I can’t tell people what to do.  But I’ve abandoned those viewpoints. I don’t believe that and that’s all. That’s the only thing that’s important. So, I don’t endorse anything they say.’

“And then he goes on saying:  ‘This kind of talk doesn’t do me any good.  If they care about it they should stop,’ basically, implicit in the question.  ‘I can only control what I say. I don’t endorse what they say. I don’t believe that. Can I please get back to the current debate now, rather than talking about this anymore.’  

“So, that’s I think a pretty clear repudiation of any idea of 9/11 truth.  And the thing that makes it significant is that he had made these promises, somewhat off the record, but some of them you can find in old YouTube clips made by individuals and smaller groups.

“And that goes together with some other things.  He says that he’s against earmarks.  Well, it turns out in 2009, you remember, after we had the Stimulus, we had the Supplemental.  It was about $450 Billion dollars.  Ron Paul, in the dead of night, inserted about $250 Million dollars for the renovation of the Port of Galveston, Texas.  That’s the District he represents.  So, he managed to insert that into the Supplemental, and then when the Supplemental came up, he voted against it.  And the Supplemental passed with a Democratic vote.  So, he inserted it.  And then he voted against it.

“Now, I would certainly say, ‘Don’t go through all of that strange dance. Stand up and say, ‘the Port of Galveston is an American national interest. We need it. We need Mobile. We need New Orleans. And we need Galveston, Houston ‘cos that’s part of the economic viability of a huge hinterland.  It’s a national interest to have that infrastructure up to date.’  Now, Ron Paul can’t say that because he doesn’t believe it.  But, nevertheless, he goes ahead and does this thing with inserting the entitlements in the dead of night and then voting against them in the light of noon day.   

“Another one is the Fed.  He talks about ending the Fed.  He’s written a book called End the Fed.  Well, we look in the economic programme the Plan to Restore America programme and all we have in there about the Fed is to audit the Fed.  Well, I think that’s pretty tame.  I mean, is there some confusion that what the Fed is doing is wrong?  I think that’s pretty clear.  Right?  The Trillions and Trillions of dollars that have been lent at very low rates to foreign banks, we don’t need to go through the whole list.  This stuff has come out.  It’s also, of course, outrageous that the Fed is not regularly audited.  It should really be audited every evening by some competent authority.

“But you see that Ron Paul talks a good game about doing something about the Fed.  But he’s not proposing any institutional change for the Fed.  So, that’s, I think, one of the three points—and I guess we could add more points—that allow you to ask, ‘Is Ron Paul campaigning on an anti-war and anti-dictatorship programme?  And is he gonna give you something that’s very different in the way that Obama did and Boehner did?”

Bonnie Faulkner (c. 55:22):  “And then why do you think it’s so important to go over all of the things that Ron Paul stands for?”

Webster Tarpley (c. 55:30):  “Again, because I think people need to know what they’re actually gonna get.  He has said it.  This is his programme.  I think you have to be aware of what’s coming.  

“We had those important polls that I think they were the NBC polls back in the springtime, which showed that despite everything, despite Obama, and despite Clinton, all the propaganda coming from the Koch Brothers and the Republicans, that the level of the support of the American population for the main New Deal, New Frontier, and Great Society programmes, in particular, Social Security and Medicare, that just about everybody sees themselves needing.  The support for this is somewhere in the area of 65 to 70%.  When you get down to specifics, do you support a surtax for millionaires?  Which Ron Paul would, of course, oppose.  That’s about 81% of the American people were in favour of that.  So, you’d have to say this is New Deal America, in spite of everything.  So, that Ron Paul’s ceiling, if we go by his economic programme, is really about 15 or, perhaps, 20% at the very, very most.  

“But that, of course, doesn’t rule out bait-and-switch.  That somebody would run for office saying:  ‘I will end the wars. I will liberate you from being harassed in airports by these crazy transportation people.’  You might have a situation where, under conditions of breakdown, something very surprising might happen.  A lot of people might vote for Ron Paul who really don’t favour the kinds of economic programmes that we were talking about.  So, I think it’s important to make sure that people realise what they are getting because these things are never completely secret.  They can hardly be.  And in the case of Ron Paul, he has put out now The Plan to Restore America that tells us about these things.”

Bonnie Faulkner (c. 57:42):  “Webster Tarpley, thank you very much.”

Webster Tarpley (c. 57:43):  “Thank you.”

Bonnie Faulkner (c. 57:44):  “I’ve been speaking with Webster Tarpley.  Today’s show has been:  Critique of Ron Paul’s Austerity Plan.  Webster Tarpley is an economic historian, author, and lecturer.  He is author of Against Oligarchy, 9/11 Synthetic Terror: Made in the USA, and co-author of George Bush: the Unauthorized Biography.  His prescient economic work Surviving the Cataclysm: A Study of the World Financial Crisis is now out in paperback.  Visit his website at www.tarpley.net  Email him at [email protected]

“Guns & Butter is produced and edited by Bonnie Faulkner and Yara Mako.  To make comments or order copies of shows, email us at [email protected]  Visit our website at www.gunsandbutter.org ”

Transcript by Felipe Messina

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TARPLEY.NET — “Ron Paul’s $1 Trillion of Austerity Cuts Would Ravage US, Bust Unions, but Cannot Balance Federal Budget”  January 4, 2012.  Webster G. Tarpley on The Jeff Rense Program.

Listen to this interview with Webster Griffin Tarpley.

© 2012 Tarpley.net

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Hedges vs. Obama’s Indefinite Detention

ObamaPentagonFlickrUSArmyMEDIA ROOTS — Pulitzer Prize-winning journalist Chris Hedges has filed suit against Obama and Panetta to challenge the legality of the NDAA (S. 1867), which includes totalitarian provisions authorising the activation of U.S. Military within U.S. borders to imprison anyone within the U.S., or the world, without charge or trial.  Hedges, alongside his attorney, sharply articulates what’s wrong with the Levin/McCain provisions cynically inserted into this year’s NDAA.

MR

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Chris Hedges on Democracy Now

DEMOCRACY NOW! — Pulitzer Prize-winning journalist Chris Hedges has filed suit against President Obama and Secretary of Defense Leon Panetta to challenge the legality of the National Defense Authorization Act, which includes controversial provisions authorizing the military to jail anyone it considers a terrorism suspect anywhere in the world, without charge or trial. Sections of the bill are written so broadly that critics say they could encompass journalists who report on terror-related issues, such as Hedges, for supporting enemy forces. “It is clearly unconstitutional,” Hedges says of the bill. “It is a huge and egregious assault against our democracy. It overturns over 200 years of law, which has kept the military out of domestic policing.” We speak with Hedges, now a senior fellow at the Nation Institute and former New York Times foreign correspondent who was part of a team of reporters that was awarded the Pulitzer Prize in 2002 for the paper’s coverage of global terrorism. We are also joined by Hedges’ attorney Carl Mayer, who filed the litigation on his behalf in the U.S. District Court for the Southern District of New York.

DN:  “During Monday night’s debate in South Carolina, Republican candidates sharply disagreed over a new policy to indefinitely detain American citizens. President Obama approved the measure as part of the National Defense Authorization Act, or NDAA, which includes controversial provisions authorizing the military to jail anyone it considers a terrorism suspect anywhere in the world without charge or trial. President Obama added a signing statement when he signed the NDAA, stating, quote, ‘I want to clarify that my administration will not authorize the indefinite military detention without trial of American citizens.'”

Well, last night, Republican front-runner Mitt Romney defended Obama’s approval of the bill, saying he would have done the same.

Audio of Kelly Evans:  “Governor Romney, as president, would you have signed the National Defense Act, as written?”

Audio of Mitt Romney:  “Yes, I would have. And I do believe that it’s appropriate to have in our nation the capacity to detain people who are threats to this country, who are members of al-Qaeda. Look, you have every right in this country to protest and to express your views on a wide range of issues, but you don’t have a right to join a group that has challenged America and has threatened killing Americans, has killed Americans and has declared war against America. That’s treason. And in this country, we have a right to take those people and put them in jail.”

DN:  “That was Republican presidential front-runner Romney, talking about the controversial indefinite detention provisions in the NDAA.

“Meanwhile, Rick Santorum said a U.S. citizen who’s detained as an enemy combatant should have the right to a lawyer and to appeal his case before a federal court. And Ron Paul said holding American citizens indefinitely is a breach of the U.S. judicial system.

“When President Barack Obama signed the NDAA, sections of the bill were opposed by key members of his administration, including Defense Secretary Leon Panetta, FBI Director Robert Mueller and Director of National Intelligence James Clapper. Many civil liberties activists believe the law is unconstitutional.

“Well, today, an announcement is being made in New York, filing a complaint in the Southern U.S. District Court against Barack Obama and Secretary of Defense Leon Panetta to challenge the legality of the NDAA. Their plaintiff is none other than veteran war correspondent and Pulitzer Prize winner Chris Hedges.

“For more, we’re joined by Chris Hedges himself, senior fellow at the Nation Institute, who recently wrote a piece for TruthDig called “Why I’m Suing Barack Obama.” Chris Hedges is a former foreign correspondent for the New York Times, was part of a team of reporters who won the Pulitzer Prize in 2002 for the paper’s coverage of global terror. He is author of a number of books, including Death of the Liberal Class and The World As It Is: Dispatches on the Myth of Human Progress.

“And we’re joined by Chris Hedges’ attorney Carl Mayer, who filed the litigation on his behalf.

“Chris Hedges and Carl Mayer, welcome to Democracy Now!”

Chris Hedges:  “Thank you.”

DN:  “Chris, why are you suing President Obama?”

Chris Hedges:  “Because it’s clearly unconstitutional, for starters. But secondly, it is a huge and egregious assault against our democracy. It overturns over 200 years of law, which has kept the military out of domestic policing. And even that passage that you read from the White House, I think, is deeply disingenuous, because Dianne Feinstein had a resolution by which, within that bill, Americans would be exempted from this, and the Democratic Party and Barack Obama rejected it. All of the debate with Carl Levin, who, with McCain, sponsored the bill, was a struggle between the White House so that they would assume—they would have the right to assume which Americans would be detained by the military without due process and held indefinitely until the end of hostilities, this kind of endless war on terror. It’s an extremely frightening step backwards for American democracy. And as someone who’s spent 20 years overseas and has lived in countries where the military has that kind of power, I have friends who have disappeared into these military gulags. We have unleashed something that I think is truly terrifying.

“And as discontent grows, of course, the criteria by which people can be investigated in this country are so amorphous, even bizarre—I mean, somebody who is missing fingers on a hand or somebody who has more than seven days’ worth of food. It’s a very seamless step to include in that list some of the obstructionist tactics of the Occupy movement. And I think that for those of us who care about civil liberties, the right of dissent and freedom, we have to stand up. And that’s why Carl and I have decided to do this.”

DN:  “Carl Mayer, how does this—how does this litigation work?”

Carl Mayer:  “Right, well—”

DN:
  “And why not a class action lawsuit, where many people file?”

Carl Mayer:  “Right. Well, the purpose of the litigation is to have a federal court declare this act unconstitutional. And that would apply to everyone.

“Chris is an important plaintiff in this, because—you just showed the clip from Mitt Romney. I’m not sure that Mitt Romney has read this bill. The act is so broad and vague that it covers, in its writing, any persons who give, quote, “substantial support to al-Qaeda, the Taliban, or,” quote, “associated forces,” which are incredibly broad, nebulous terms and could capture, within those—their terms, journalists like Chris Hedges, who courageously has gone around the world to interview members of opposition parties, to interview members of terrorist groups, to report the truth. And so, when Mitt Romney says these are people who are in terrorist organizations, that’s not how the bill is written. It’s written so broadly that it could encompass a journalist like Chris Hedges. It could encompass people who are engaged in free speech and in all sorts of activities that have nothing to do with what Mitt Romney, etc., are talking about.

“And so, we filed this action. I filed it in conjunction with my colleague Bruce Afran, who’s a professor of constitutional law at Rutgers Law School, another veteran public interest attorney. And what we’re asking the court to do is to declare that this law violates not only the First Amendment rights of citizens like Chris to report and to speak about these issues, but also the Fifth Amendment right to due process, because what this—what this bill does is it sends people to military tribunals, and it allows for the indefinite detention of these people. It even allows for the rendition of covered persons, which is not defined in the act, to render these people to foreign countries.

DN:  “And explain what you mean by that. This is extraordinary rendition.”

Carl Mayer:  “Right. And so, what the act permits is that if someone is deemed under the act to be giving, quote, “substantial support” to, quote, “associated forces” that are associated with terrorists, they could be sent overseas at the determination of the American military, or they could be held in a military prison here indefinitely, or they could be tried in a military court. And as Chris Hedges, who is courageously bringing this as a plaintiff, pointed out, there is a longstanding Supreme Court decision called ex parte Milligan, which dates to the Civil War period, in which several people were held by the military for plotting to overthrow, during the course of the Civil War, the governments of Indiana and Ohio. And they were sentenced to death. The Supreme Court ruled, after the Civil War, that as long as there are civilian courts operating, you cannot try these people in military courts, even people who are—whose avowed purpose was to overthrow the civilian governments of Ohio, Indiana, etc. So, it is that level of protection that is built into the Constitution. And that’s what our ancestors fought for, is to uphold the Bill of Rights, due process rights, right to a trial by jury. And all of this is being abrogated by this legislation.”

DN:  “I wanted to bring in what Rick Santorum said last night at the Republican debate in South Carolina about a U.S. citizen detained as an enemy combatant having the right to a lawyer to appeal their case before a federal court.”

Audio of Rick Santorum:  “First off, I would say this. What the law should be and what the law has been is that if you are a United States citizen and you are detained as an enemy combatant, then you have the right to go to federal court and file a habeas corpus petition and be provided a lawyer. That was the state of the law before the National Defense Authorization Act, and that should be the state of the law today. You should not have—you should not have—if you’re not an American citizen, that’s one thing. But if you are a citizen and you’re being held indefinitely, then you have a right to go to a federal court. And again, the law prior to the National Defense Authorization Act was that you had the right to go to a court and for that court to determine, by a preponderance of the evidence, whether you could continue to be held. That is a standard that should be maintained, and I would maintain that standard as president.”

DN:  “Chris Hedges, Rick Santorum versus President Obama?”

Chris Hedges:  “He’s not a politician I usually have much in common with, but this is right. I mean, this is about the egregious destruction of the rule of law. I mean, we have to remember that under the 2001 Authorization to Use Military Force Act, some of this was already happening. José Padilla, for instance, was picked up by military courts, held without trial, access to due process—again, a U.S. citizen—went to the Supreme Court, and by that time, they handed him over to civilian court to—and the Supreme Court never made a ruling on it. But I think that this essentially codifies this very extreme interpretation of this 2001 act into law.

“And more importantly, it expands the capacity by the state in terms of defining who is, quote/unquote, ‘not only a terrorist, but somebody who is,’ in their terms, ‘associated forces’ or substantially supports people defined as terrorists. And, of course, the reason for that is that many of these groups that are being attacked in Yemen and other places had nothing to do with 9/11—they didn’t even exist when 9/11 happened—and to expand this into the civilian population of the United States. And I think, Amy, one of the most sort of disturbing aspects of this is that the security establishment came out against it—the CIA, the FBI, the Attorney General, the Director of National Intelligence. None of them wanted it.

DN:
  “President Obama said he was going to veto it.”

Chris Hedges:  “President Obama said he was going to veto it, but we now know from leaks out of Levin’s office that that’s because the executive branch wanted to decide. They wanted the power to decide who would be tried, who would be granted exemptions. It wasn’t actually about the assault against due process.

And I think we have to ask, if the security establishment did not want this bill, and the FBI Director Mueller actually goes to Congress and says publicly they don’t want it, why did it pass? What pushed it through? And I think, without question, the corporate elites understand that things, certainly economically, are about to get much worse. I think they’re worried about the Occupy movement expanding. And I think that, in the end—and this is a supposition—they don’t trust the police to protect them, and they want to be able to call in the Army. And if this bill goes into law, and it’s slated to go into law in March, they will be able to do that.

DN:  “I wanted to ask you a quick question about a comment Texas Governor Rick Perry made last night, in a related, but not exactly the same thing as what you’re talking about. He said on Sunday the Obama administration has gone “over the top” in criticizing marines who were videotaped urinating on Afghan corpses.”

Audio of Gov. Rick Perry:  “What bothers me more than anything is this administration and this administration’s disdain all too often for our men and women in uniform, whether it is what they’ve said about the Marines—now, these young men made a mistake. They obviously made a mistake.

Audio of Bret Baier:  “You’re talking about urinating on the corpses?”

Audio of Gov. Rick Perry:
  “They made a mistake that the military needs deal with, and they need to be punished. But the fact of the matter—the fact of the matter is this. When the Secretary of Defense calls that a despicable act, when he calls that utterly despicable—let me tell you what’s utterly despicable: cutting Danny Pearl’s head off and showing the video of it, hanging our contractors from bridges. That’s utterly despicable.”

DN:  “That was Rick Perry, Texas governor. Chris Hedges, you were a longtime war correspondent.

Chris Hedges:  “Well, you know, when people are killed on a battlefield, and those who are deemed the enemy are, at best, treated like human refuse. But usually they’re treated like trophies. They’re often dismembered. I mean, one of the first things you do after you kill an enemy combatant is go through their pockets. And in war after war that I covered, the desecration and mutilation of corpses was extremely common. So, I think that what we saw was a window into the reality of war, one that has essentially been censored from public view.”

DN:  “I want to thank you both for being with us, Chris Hedges, Carl Mayer.”

The original content of this program is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License.

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Photo (feature) by flickr user JBrazito

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Project Censored on KPFA – Ten Years of Guantánamo

MEDIA ROOTS – Today’s Project Censored Show on Pacifica Radio addresses Ten Years of Guantánamo and the Evisceration of the Rule of Law. Joined in studio by investigative journalist Andy Worthington, author of The Guantánamo Files; Almerindo Ojeda, professor of linguistics and director of the Guantánamo Testimonials Project at University of California, Davis; and Pardiss Kebriaei, an attorney with the Center for Constitutional Rights, an organization that has led the way in seeking accountability for torture and arbitrary detention at Guantánamo.

The segment also features live music in studio from one of the most notable political folk musicians of our time, David Rovics. Mickey Huff is joined by special co-host Dr. Andy Roth, the associate director of Project Censored, and Abby Martin of Media Roots.

The Morning Mix with Project Censored – January 13, 2012 at 8:00am

Click to listen (or download)