Category Archives: FBI

Arrest of Marzieh Hashemi Reveals Nature of Bipartisan Police State

Arresting PressTV’s Marzieh Hashemi on no criminal charges demonstrates by any objective measure the United States operates as a rogue state in its utter contempt for accepted international human-rights law and standards.

Hashemi, an African American mother and grandmother converted to Islam, moved to Iran more than 25 years ago. She has become an internationally recognized journalist as a result of her press and media work in Iran, but specifically with her work on PressTV, an outlet that—like the British Broadcasting Corporation (BBC) in the United Kingdom—receives most of its support from the Iranian government.

Hashemi flew to the United States to visit an ailing brother and to complete a documentary on the Black Lives Matter movement. She was working on this film when she was detained by the Federal Bureau of Investigations (FBI) in Saint Louis. For two days, her family had no information on what had happened to her. When she was finally allowed to communicate with her children, they were horrified to learn that she had been disappeared by the FBI and moved to a detention center in Washington, D.C., where she was subjected to degrading treatment, including the forcible confiscation of her hijab, constant surveillance, disrespecting her halal diet as required of her adopted faith by feeding her animal products, and not informing her as to why she was being detained.

Over the course of some days, it was revealed that Hashemi was being detained either under the authority of the vague and sweeping new laws passed by the U.S. Congress that has given the president the power to indefinitely detain, disappear, and even murder citizens— or a dramatic and unprecedented use of the material witness statute.

The Strengthening of the Police State has Been a Bipartisan Affair

The arrest and imprisonment of journalists—publishers of “dangerous” materials—used to be actions associated in the popular imagination with “illiberal” states in the Global South. But with the current economic, political and ideological crisis in the West, the superficiality of the West’s commitment to “liberal” human rights and its rule of law has been revealed to the world over the last decade and a half.

The Patriot Act was the first in a series of repressive legislation passed just a few days after the September 11, 2001 attacks. This ominous development intensified the process of destroying any legal protection of human rights, which is recognized as fundamental to any democratic state and the international order.

Built on the foundations of law that saw the erosion of habeas corpus during the Clinton administration, the act provided the mechanisms for the objective elimination of prohibitions by the state against unlawful, unreasonable searches and seizures and due process.

The expansion of repressive state power continued and even quickened during the Obama years. After ensuring impunity for Bush officials who were involved in authorizing torture and disproportionate military force in the execution of the war crimes of the United States in Iraq and Afghanistan, the Obama administration authorized indefinite detentions and military trials with Executive Order 13567.

But while that order gave the military more latitude to target non-citizens and deprive them of their rights, another question emerged: What would the U.S. government do with U.S. citizens working with “enemy states” and movements. That was resolved in 2012, with the National Defense Authorization Act (NDAA). It provided the legal authority to indefinitely detain anyone—including U.S. citizens—holding them on suspicions, hearsay, secret evidence, or no evidence at all in the United States or abroad.

And, of course, we know detaining U.S citizens was not the most dangerous element of these new powers. Obama demonstrated a U.S. president could murder U.S. citizens—even a 16-year-old named Abdulrahman al-Awlaki—and get away with it.

Abdulrahman’s father, Anwan, was murdered by the Obama administration a few weeks earlier. Obama said adding Anwar al-Awlaki to his weekly kill list was an easy task for him. When gently asked by the corporate media about Anwar al-Awlaki’s due process under the constitution, an Obama spokesperson stated it had given him due process, a process not taken to the court but conducted within the executive!

Marzieh’s detention violates protection theoretically offered by the U.S. Constitution’s Fourth Amendment that prohibits “unreasonable searches and seizures”; the Fifth Amendment that affirms the right of “due process of law” in any proceeding that denies a citizen “life, liberty or property”; and the Eighth Amendment that prohibits “cruel and unusual punishments”—what Marzieh has been subjected to daily.

It is not even necessary to spend much time on the U.S. constitutional violations since it is clear that even the Bill of Rights don’t provide protections when you have been designated an enemy of the state.

Like any other rogue state, the United States determines its law supersedes international law. The United States signed and ratified just three of the main human-rights treaties, with the International Covenant on Civil and Political Rights being one of them. The United States is theoretically obligated to adhere to it. It says quite clearly in Article 9 that everyone has “the right to liberty and security of person” and “no one shall be subjected to arbitrary arrest or detention.”

Hashemi Is Being Punished As a “Runaway Slave”

Reuters cited an unnamed U.S. federal source, saying PressTV is being investigated as an Iranian “propaganda outlet.”

But even with it increasingly becoming clear that Press TV is the target, it is also evident, according to Stanley Cohen, that the state is using the material witness statute in a very creative way to deny Marzieh her freedom.

There is no reason for Marzieh to be detained. With family in the United States and travel documents that could theoretically be seized if the state was really concerned she would not appear before a grand jury, the only reason she is being held captive is to once again demonstrate how a runaway slave is treated.

Iranian Foreign Minister Mohammad Javad Zarif said on Monday the detention of the PressTV anchorwoman proves the United States is still violating the rights of Black people.

He is correct.

On Wednesday, 23 individuals who make up a grand jury will be making a decision about Hashemi’s fate, according to her son Hussein. Her association with PressTV has put her in the crosshairs of the U.S. state.

For unknown reasons, she has now been moved into solitary confinement, according to her son.

But we, the colonized, the inhabitants of the zones of non-being, we who have no human rights—we understand.

To have the audacity to leave the plantation that is the United States and seek a home in a nation the United States considers an enemy state is an offense that requires an extraordinary demonstration of white colonial power. This boldness may inspire others on the plantation to attempt to strike out for freedom. This is not even new. The state doubled the bounty on Assata Shakur to $2 million on the watch of its first HNIC because, after all, they are the ones really in charge. Yeah, we get it, if others don’t. The message is clear—this is our nigger and we will do with her what we want.

So:

Today Marzieh Hashemi sits alone. Isolated and entombed deep in a government catacomb, she stands charged with no offense but in the eyes of this administration guilty as charged . . . a Muslim, a journalist, and a U.S. ex-pat who has found shelter from its storm in Iran.

But she is not alone. We will stand with Marzieh and give her voice when she has none. We are not afraid, even though we know we are next. Our people have endured this and more and will endure even more before this nightmare that is U.S. settler-colonialism is over. And unlike Dr. King, when our people and the people of the world emerge on the other side of freedom, we will not thank god for our freedom, but ourselves.

We Need a Martin Luther King Day of Truth

As Martin Luther King’s birthday is celebrated with a national holiday, his death day disappears down the memory hole. Across the country – in response to the King Holiday and Service Act passed by Congress and signed by Bill Clinton in 1994 – people will be encouraged to make the day one of service. Such service does not include King’s commitment to protest a decadent system of racial and economic injustice or non-violently resist the U.S. warfare state that he called “the greatest purveyor of violence on earth.”

Government sponsored service is cultural neo-liberalism at its finest, the promotion of individualism at the expense of a mass movement for radical institutional change.

“Nothing in all the world is more dangerous,” warned Dr. King, “than sincere ignorance and conscientious stupidity.”

How true those words. For the government that honors Dr. King with a national holiday killed him. This is the suppressed truth behind the highly promoted day of service. It is what you are not supposed to know. It is what Thomas Merton, as quoted by James W. Douglass, called The Unspeakable: “It is the void that contradicts everything that is spoken even before the words are said; the void that gets into the language of public and officials declarations at the very moment when they are pronounced, and makes them ring dead with the hollowness of the abyss.  It is the void out of which Eichmann drew the punctilious exactitude of his service.”

The word service is a loaded word; it has become a smiley face and vogue word over the past 35 years. Its use for MLK Day is clear: individuals are encouraged to volunteer for activities such as tutoring children, painting senior centers, or delivering meals to the elderly, activities that are good in themselves but far less good when used to conceal an American prophet’s radical message. After all, Martin Luther King’s work was not volunteering at the local food pantry with Oprah Winfrey cheering him on.

The Assassination

King was not murdered because he had spent his heroic life promoting individual volunteerism. To understand his life and death – to celebrate the man – “it is essential to realize although he is popularly depicted and perceived as a civil rights leader, he was much more than that. A non-violent revolutionary, he personified the most powerful force for a long overdue social, political, and economic reconstruction of the nation.” Those are the words of William Pepper, the King family lawyer, from his comprehensive and definitive study of the King assassination, The Plot to Kill King, a book that should be read by anyone concerned with truth and justice.

Revolutionaries are, of course, anathema to the power elites who, with all their might, resist such rebels’ efforts to transform society. If they can’t buy them off, they knock them off. Fifty one years after King’s assassination, the causes he fought for – civil rights, the end to U.S. wars of aggression, and economic justice for all – remain not only unfulfilled, but have worsened in so many respects. And King’s message has been enervated by the sly trick of giving him a national holiday and then urging Americans to make it “a day of service.” The vast majority of those who innocently participate in these activities have no idea who killed King, or why. If they did, they might pause in their tracks, and combine their “service” activities with a teach-in on the truth of his assassination.

Because MLK repeatedly called the United States the “greatest purveyor of violence on earth,” he was universally condemned by the mass media and government that later – once he was long and safely dead and no longer a threat – praised him to the heavens. This has continued to the present day of historical amnesia.

Educating people about the fact that U.S. government forces conspired to kill Dr. King, and why, and why it matters today, is the greatest service we can render to his memory.

William Pepper’s decades-long investigation not only refutes the flimsy case against the alleged assassin James Earl Ray, but definitively proves that King was killed by a government conspiracy led by J. Edgar Hoover, the FBI, Army Intelligence, and the Memphis Police, assisted by southern Mafia figures.

The Trial

This shocking truth is accentuated when one is reminded (or told for the first time) that in 1999 a Memphis jury, after a thirty day civil trial with over seventy witnesses, found the U.S. government guilty in the killing of MLK. The King family had brought the suit and Pepper represented them. They were grateful that the truth was confirmed, but saddened by the way the findings were buried by the media in cahoots with the government.

Pepper not only demolishes the government’s self-serving case with a plethora of evidence, but shows how the mainstream media, academia, and government flacks have spent years covering up the truth of MLK’s murder through lies and disinformation. Another way they have accomplished this is by convincing a gullible public that “service” is a substitute for truth.

But service without truth is a disservice to the life, legacy, and radical witness of this great American hero. It is propaganda aimed at convincing decent people that they are serving the essence of MLK’s message while they are obeying their masters, the very government that murdered him.

It is time to rebel against the mind manipulation served by the MLK Day of Service. Let us offer service, but let us also learn and speak the truth.

“He who lives with untruth lives in spiritual slavery,” King told us, “Freedom is still the bonus we receive for knowing the truth.”

Spy Theories and the White House: Donald Trump as Russian Agent

The level of absurdity in US politics has now reached such vertigo inducing levels as to render all manner of things permissible.  Contact with the unwashed implies collaboration; discussion with the enemy implies assent.  To go to a dinner party with a perceived hostile force in the context of business of diplomacy has become a child’s condemnation of misplaced loyalties.  Yet everyday, thousands of engagements are made between powers and interests where nothing other than a hello is exchanged, or a pleasantry.  Perhaps the more relevant question to ask here is that businessmen and women in power suggest the limits of the nation state and representation: to what extent can such figures claim to be legitimate as figure who think outside the logic of money and finance?

In the impoverished, manic era of Donald Trump, the accusers have mimicked the man they wish to destroy.  Mimicry replaces originality; the copycat reigns with derivative accusation and complaint.  It is with ironic semblance that the individuals accuse him of mendacity, a dislike of evidence, and an aversion to the record, should be happy to throw all convention out as they take ring seats in speculation.  Trump, the spy, the man of treason, the sell-out, runs the stables of the addled and confused.

CNN was particularly busy on this dithering foolishness, demonstrating yet again that newfangled point that no news is worthy unless it can be made into a confection of some heft.  The president demands this because of his character, the sensationalist figure, the man of game shows and the reality television persona.  He must be sensationalised.

Such theatre leads to such levels of gabbing as to be moronic.  The president might be a Russian agent, because the FBI opened a counterintelligence investigation in 2017 on Trump.  Pause for laughter.  The President was investigated by that glorious agency of record, the FBI, for suspected links.  Pause for befuddlement.  The Washington Post then ran a story claiming that Trump had gone to extensive lengths to conceal, even from his own aides, his interactions with Russia’s Vladimir Putin.  Tax payers’ funds, it seems, are being used for the most notable of ends.

Wired was similarly speculating along such lines, with a twist: Trump’s actions had been “pro-Putin, pro-Russia, anti-FBI, anti-intelligence community”; he had lied and engaged in obfuscation around Russian meetings and conversations; he must be hiding a “massive conspiracy”.  Better that he be a Russian agent than the alternative, which was supposedly worse: a figure oblivious to geopolitics, self-centred, insecure, anti-democratic and a terrible manager.

Interesting here is how such a view is oblivious to remembering other US presidents whose anti-democratic, oblivious, self-centred tendencies were as developed, if not worse than a businessman turned populist. But such views are cured in the vinegar and salt of intense prejudice and presumption: the enemy is in Moscow, and must be condemned.  Better this be done than understanding Trump’s erring and bumbling as a product of a true US capitalist; he is seen as an American gone bad, an anti-patriot.

Donah Goldberg of the Boston Globe tweaks the approach on the spy conspiracy theory – slightly.  “When was the last time a popular and contentious conspiracy theory turned out to be true?  Not a little true, but, like, really true?”  Think of Whittaker Chambers and his outing of Alger Hiss for being a Soviet spy.  He dismisses the views of Jerome Corsi, shooting bolts of manic persuasion from Infowars, claiming that the president is a target of the Deep State, including its emissaries, the CIA and NSA, determined to unseat him.  But Corsi’s comments should be taken in the broader readings of antipathy against Trump which have legitimised the most extreme approaches to unseating and overthrowing an elected figure.  No one in high office is suggesting a grand assassination or beheading, but not a day goes by without some casual articulation of symbolic regicide.  Trump must go, so goes the narrative.

We were told about the unprecedented nature of things, always a danger.  We are being fed an inverted pyramid of Cold War dregs.  Trump might be, hazards the Wired piece, the “useful idiot,” an expression purposely used by the communists who used co-option without knowledge as an ingredient of unwitting recruitment.

Easily, then, we can presume utterances to have the steel of proof.  The US voter is sidestepped and dismissed – after all, according to Clinton family associate and former Deputy Secretary of State, Strobe Talbott, Russia’s conduct in 2016 breached “the firewall of American democracy” and influenced “a high-stakes presidential election.”  (The poorly concealed barb here is that Talbott doesn’t like the outcomes that might arise from democratic conduct, presuming a hidden hand if his friends fail to make the electoral grade.)

Ironically enough, the United States is witnessing the tendencies it has encouraged, for decades, in other states: foster local indignation, suspicion and paranoia, and unleash them against the leader of the day.  As former Secretary of State Henry Kissinger was known to have said, the democratic choice of a people would have to be corrected in certain circumstances, if in the interest of the US.  The same rules apply, as do the same interests.

The one person who can truly toast to hearty merriment at this entire unfolding farce of column wasting and derangement is Vladimir Putin.  The Russian president commands as much free publicity in the United States as he does in so-called friendly states.  Then again, so does Trump, a man who would cease to exist without the twenty-four hour scheme of exposure, discussion and spurting.  To speak and propose is to give oxygen to the phenomenon.

In The Eye of the Beholder: USA History of Imprisoning Women Politicals

I was born a protester … My mother had to go to the school a lot and talk to the principal.

— Dorli Rainey (In conversation with author Paul Haeder)

I am being jailed because I have advocated change for equality, justice, and peace. … I stand where thousands of abolitionists, escaped slaves, workers and political activists have stood for demanding justice, for refusing to either quietly bear the biting lash of domination or to stand by silently as others bear the same lash.

— Marilyn Buck, at her 1990 sentencing (epigram in Linda Ford’s book, Women Politicals in America)

Personal Truth

Personal experience is like the yeast in good sour dough bread – lifts truth to the heavens. It wasn’t just a shame to see Dorli Rainey, 80-year-old activist, sprayed with corrosive eye-nose-lung chemicals by the bicycling Seattle Police Department during a peaceful Occupy Seattle rally. That was November 16, 2011.  We were all kettled in and sprayed by the fascist police force, all warm and fuzzy looking in their spandex bike shorts and on black Trek mountain bikes.

Seattle is a libertarian town, a city of racist and Nazi-loving cops and officers that kill Blacks, Latino/a citizens and Native Americans. The images of Dorli with milk splashed on her face being helped out of the crowd that hit the Associated Press headlines didn’t change the patriarchal and thuggish leaders of the Emerald City.

The legacy of Rachel Carson and her work on environmental fascism by the purveyors of the chemical industrial war complex also was deep in my soul after I read Silent Spring at the impressionable age of 15.

Luckily, when I was a first-year high school student, one of my English teachers turned me onto the National Farm Workers Association and Dolores Huerta’s role in leading with Cesar Chavez grape and lettuce boycotts. Ms Courtney was instrumental in inculcating my interest in women heroes in history, highlighting the work of both Mother Jones and Angela Davis.

A legacy of women activists in the streets and my own participation with their causes goes back when I was in my third year of high school, protesting the invaders trying to block people from receiving services from Planned Parenthood in Tucson. I was alongside women who demanded their right to reproductive medicine facing down angry men and women protected by a phalanx of Tucson Police Department goons.

A year later I was covering the police beat for the Arizona Daily Wildcat, a reporting job that put me face to face with the rape culture – most of the stories I covered involved the sexual assaults on and around campus and then throughout the metropolitan area. Four to eighty (4-2-80) was the figure I had emblazoned in my mind – a four year old girl raped by three men in a drug house and an eighty-year-old artist using a walker raped by what the fascist cops dubbed the “Apologetic Rapist.” All ages, all walks of life, all races, that’s what I had come to know as the rape culture engulfing me.

I wrote about judges who sided with the alleged rapists, double raping the sexually assaulted by admonishing her for being in the wrong place at the wrong time, for wearing provocative clothes, for playing drinking games with young healthy men – “what did you expect would happen?” I learned early on that my words as a journalist were nothing compared to a baseball to the heads of the perpetrators, both the violent sexual assaulters and the DA’s, and judges, coaches, cops and colonized public.

I was told flat out that I was no longer a protected member of my own gender when I was accused of  “siding with the radical fems castrating men” as I covered stories on Take Back the Night and protests against my campus sweeping under the rug (university politics then and now) of star athletes (male) leveled with rape charges that “mysteriously disappeared.”

I fought tooth and nail around the various newsrooms I worked in, since I was both a hard left socialist and communist in name. I blasted the American Police state (with the full support and logistics of the city government) when they spearheaded and carried out an illegal and unconstitutional military assault against African Americans, while my news reporter brothers and sisters defended the cops and the bureaucrats. I called some of the defendants “the brave women in Philadelphia who had the guts to defend home and family and who witnessed their loved ones firebomb murdered.” I was lambasted by both male and female editors while Debbie Sims and Janine and Janet Africa of the MOVE 9 ended up with 100-year sentences with no chance of parole because a cop was killed by friendly fire. They were political prisoners of a vicious killing machine, propped up by a schizophrenic rule of law pistol in one hand and a machine gun of empty constitutional rights in another hand. The three were locked up in a state correctional (sic) institution starting in 1978, although Debbie was released in June 2018.

Add to the many heroes of the women political prison class others less militant, like Lois Gibbs and other “housewives and mothers” fighting the patriarchal death goo of Love Canal’s Hooker Chemical Co that dumped 21,800 tons of industrial hazardous waste from 1942 to 1953 that ended up being under a Niagara Falls middle class housing development of death. Birth defects, developmental disabilities, and tortuous death.

Free Speech on the Line – Early Beginnings of Fascism in a Stolen Country

The United States has imprisoned women dissidents from the beginning, even as a colony. The intolerance of dissent, of questioning the established order, began then and it has continued.

It is time to recognize, as America slides toward becoming an autocratic fascist state, that we have, and always have had, political prisoners. We also have and always have had, those who have dissented, who have fought injustice, inequality, racism, imperialism and sexism. Many of these dissenters are, and have been, women.

— Linda Ford, Women Politicals

Getting through Linda Ford’s Women Politicals in America: Jailed Dissenters from Mother Jones to Lynne Stewart (2018) is both a joy and an unsettling experience. Bearing witness to the incredible depth of courage and conviction of women fighters for justice — and in most cases, these are female soldiers against American empire, fighting military and environmental wars, muckraking against capitalism, battling racism, and charging against sexism, and exposing the cancer of capitalism under a patriarchy, which in the end defines capitalism at its core — forces the reader to DO something with the information and terrible reality of this insane and misogynistic fascism.

An American colony seeded by degenerates, a coven of thieving, fearing, Indian-killing, superstitious and authoritarian whites was bound to start with men trying to whip and stockade their own brand of sadistic order into the society that saw black and white – damned or saved – as the defining philosophy in their Indian hating, woman sniping, slave owning selves!

Burning witches as heretics was the precursor of today, even as I pen this when the spineless Birmingham Civil Rights Institute withdrew its Fred L. Shuttlesworth Human Rights Award to Angela Davis because of the apartheid forces of Zionism and Israel-too-genocidal/big-to-jail lunatics putting pressure on that civil rights (sic) group to follow lock step the Zionist Lies are Truth shit. Linda Ford talks about Black Panther Angela Davis as one political prisoner of note in her book, and the irony is the Hillary Clinton-supporting Davis, tenured faculty that she is, is back in the white patriarchy gun sights.

This witch-burning continues today, against the accusers of Kavanaugh or Weinstein or any woman going against any number of men in power, from Trump to Epstein, from Charlie Rose to Bill Clinton. Here, from Henry Miller, The Crucible, a telling reminder of what Western White Patriarchy has unleashed in the Americas:  

When it is recalled that until the Christian era the underworld was never regarded as a hostile area, that all gods were useful and essentially friendly to man despite occasional lapses when we see the steady methodical inculcation into humanity of the idea of man’s worthlessness – until redeemed – the necessity of the Devil may become evident as a weapon, a weapon designed and used time and time again in every age to whip men into a surrender to a particular church or church state.

The McCarthy Era and loyalty oaths go way back. Anne Hutchinson became a major threat to the authority of Governor John Winthrop in the 1630’s. Linda Ford starts her book looking at Anne who was “upholding an ideal of self-government and liberty. Anne Hutchinson may have been acceptable as a female prophet, but she went well beyond acceptable political/social norms and religious creed, when she taught her own beliefs in her own meetings.”

Jailed, punished, banished. Those three words rip through the historical record as Linda Ford advances through the epochs and decades to cogently look at the harsh, tortuous and illegal nature of punishing women dissenters. “Early women Travelling Preachers had been whipped through towns for 80-mile stretches, dragged behind wagons, and left in the snowy countryside to fend for themselves.” Mary Dyer, supporter of Hutchinson, was hanged in Boston in 1660.

Most telling in Ford’s book is how well she personalizes the heroines and draws a strong point of view from each of the women’s “selves” she features, large or small, in this timely and powerful book. Words of the condemned (and many times murdered) prove to be powerful in the hands of this gifted writer, Linda Ford:

You have no power over my body, neither can you do me any harm. No further do I esteem of any mortal man. I fear none but the great Jehovah which hath foretold me of these things, and I do verily believe that he will deliver me out of your hands . . . . And see!This scripture fulfilled this day in mine eyes, therefore take heed what ye goe about to do unto me …  for I know that or this ye goe about to do to me, God will ruine you and your posterity, and this whole state.

— Anne Hutchinson, to the Massachusetts General Court, 1637

This is in Ford’s prologue, and then we get caught in her riptide of narratives in thirteen more sections, as the headwinds of those early days of dissent reverberate throughout Ford’s writing. She writes about the hard row to hoe being not just a dissenter in this country, but a woman dissenter, and when one is a woman of color dissenter, both barrels of the fascist shotguns come blazing against the respective heroes.

They are heroes, no doubt about it, and this book is timely, one for the ages and one that all young women should read with their sisters, aunts, mothers and, of course, their male advocates.

The author alludes to her previous work, Iron-Jawed Angels,  covering the militant suffragists protesting the patriarchal Wilson government from 1912 to 1919:

I found their jail experience as political prisoners dramatic, romantic, horrifying . . . and kind of quaint. But working on this book, which takes women politicals through the present, through the 1980’s and 1990’s to 2018, suddenly it is not so romantic and quaint. Suddenly it is extreme, scary, appalling and way too real.

What’s also relevant about her work that should be the millionth teachable moment for this consumerist, capitalist, predatory loan-bearing, infantile society is the power of women to not only dissent and protest, but to put their lives on the line in this country for the ideals of social justice of a real kind, where freedom and equality and anti-war/anti-imperialism cut to the heart of their struggle.

The end of slavery, the end of chattel laws, the end of misogyny, the end of land-culture-ecosystems theft, and the end of capitalism are worthy battles this book explores through the lives and voices of political women prisoners.

Ironically, environmental warriors (deemed terrorists by the police state) now represent the backbone of Mother Earth protectors, and women are at the forefront of the battles to protect water, air, land and farming rights. We know about earth protectors in other countries being murdered: Berta Caceres murdered in 2016 after resisting the Agua Zarca hydroelectric dam in Honduras. Her daughter, Laura, stated:

We are defenders of life. We are willing to do anything to allow life to continue. We don’t want to lose our lies and lose our mamas and families. But we assume that risk. If they can murder someone with high recognition like me mother Berta, then they can murder anyone.

Ford takes us to Indian country from the beginning of the country’s concerted genocide and overt hatred of both men and women of every tribe, up to the current struggles, to include the Standing Rock campaign, and the horrific, anti-democratic and abusive FBI and police protection of the millionaires and billionaires, in the form of Dakota Access Pipeline Company: A pro-business/big energy thuggery “forcing a pipeline carrying explosive Bakken crude oil through Native-American lands without tribal consultation or consent. There have been no environmental reviews, and it’s clear to dissidents that there is no respect for rights of tribal governments or tribal cultural resources and vital natural resources,” Ford writes.

Ford traverses much spiritual, legal, historical and narrative territory in her chapters, from Mother Jones and Lucy Parsons (1870-1920), to Lucy Burns and her militant suffragist stance; to the anti-war/anti-capitalistic imperialism of Emma Goldman, to the fascism of Japanese internment through a woman hero, Mitsuye Endo; into the communist struggle with Elizabeth Gurley Flynn and Ethel Rosenburg and deeply into Assanta Shakur’s struggles and other warrior women of the anti-white supremacy/black liberation movement versus the FBI’s COINTELPRO; into the struggle of Mary Brave Bird and Alejandrina Torres against US colonialism; into the period of 1960-1990 with Feminist Barbara Demin and anti-nuclear activist Anne Montgomery; into the armed struggle by “defiant revolutionaries” Laura Whitehorn and Susan Rosenberg; into 1990 to the present with the disappearance, torture and destruction of Aafia Siddiqui, anti-imperialist dissenters, Muslim women and whistleblowers; into the current police state cracking down on women anti-capitalist/racist dissenters and on Human Rights Lawyer Lynne  Stewart; through the 1990s to the current state of the amped up police state with the crackdown on the Black and Occupy Movements.

The struggle and defiance and the powerful resistance of women have gone unreported, or misreported, in this United States of Amnesia as Gore Vidal pegged this country; and as Ford states in her opening, her male colleague was completely unaware of most of the history of deeply committed women, who de facto become political prisoners because of their social and environmental justice bulwark/defense and defiance against the bulwark of Wall Street, bankers, military industrial complex and robber barons — pre-industrial moneyed thugs, through to the industrial revolution war mongers, into the post industrialization billionaire monopolies and anti-worker massive corporations, now, currently, into the surveillance and digital transnational banking stage of late stage capitalism of the Too Big to Fail and Davos kind of money grubbers/controllers.

The stories of the people’s history and the voices of the indigenous people’s history of the United States as clearly written by Howard Zinn and Rozanne Dunbar-Ortiz (Loaded: A Disarming History; Indigenous Peoples’ History of the United States) are precursors to this work by Ford, one that is detailed, full of the staff of life, as women throughout the ages of this country’s history are strip- searched, raped, medically tortured, beaten and disappeared for their clarion calls to stop the violence and oppression and ecocide of capitalism USA style. We are exposed to the blatant terroristic tactics of the police state, from redneck bruisers in county sheriff departments all the way up to states’ attorneys general and the country’s AG and all the way up to presidents.

In many of the hero cases Ford lays out, with all the prisoners exposed through her book’s raison d’etre of cataloging the lives of true warriors and politically incarcerated or lynched, we see a line between pacifism of Catholic nuns shackling themselves to the gates of Air Force compounds housing thermal nuclear weapons of mass destruction, to the outright anarchy of the fist and pipe bomb, as seen in the Weather Underground and the Black Liberation Army, to name just a few in the book where women were not only leaders, but fighting inside the radical groups to stop the sexism that was both rampant and contradictory to true socialism and equality of the working class, all classes.

It’s clear that the women of color have had two or three major impediments put in front of them as revolutionaries and dissidents:

Linda discusses much in her life and writes much about Sioux water protector, Red Fawn Fallis, who is facing 20 years to life for a federal offense of “possessing a weapon.” All trumped up, all out of sync with reality, all part of a system that oppresses women dissidents, women political prisoners. Police are brownshirts, DA’s are Gestapo, judges are SS. The entire white male class is rotten to the core, but when they have positions of power and are the jury, judge and executioner, and when they not only defend extrajudicial killings but encourage them, as their paymasters in the elite class not only demand this force of anti-democratic SOP, but pay for the killings, THEN why the hell do we take it?

In this screwed up Hollywood spectacle society, passivity, compliance and fear rule, when we should be angry daily, mounting daily a contempt of and disregard for the bosses, the Little and Big Eichmann’s.

Passionate, organized hatred is the element missing in all that we do to try to change the world. Now is the time to spread hate, hatred for the rich. — Roxanne Dunbar-Ortiz

The women political prisoners of the past would be turning in their graves to see how compliant and infected with celebrity fawning disease and rich man/woman coveting syndrome this society has been buried under. But alas, the racism of this society far exceeds the regular patriarchy the society has and continues to fall under like an avalanche of new and more draconian/high tech oppressions.

Environmental racism is twofold for women dissenters. First, the dominant white/capitalist power structure has never had a problem poisoning the lands and neighborhoods of black and brown people, assigning them little worth or consideration when it comes to their healthy existence. Second, any protest coming from nonwhite activists has little chance of success, and any excess force used against such protest will bring few consequences. So, Native-American women who stand as water protectors for their threatened lands, and African-American women who dare to confront state/corporate pollution of their cities face strong reprisals from the police state.

— Linda Ford, Chapter Eleven, Police State I.

In the second part of this analysis, we will drill down on Ford’s forms of agitation women have engaged in and for which they have been treated as political prisoners, though the society in general doesn’t recognize our fascism, doesn’t acknowledge our police state underpinning and fails to collectively understand how the power of the government wedded to the corporation will stop dissent. I will also talk with Linda concerning a few key points that brought her to write the book and her assessment of the world now, which is becoming supercharged and on steroids, as this country – and the world – spirals down the drain of fascistic lock step compliant acceptance.

Here, early on in her book, Linda lays out the types of protests and dissent which have been embraced by “women agitators who have become political prisoners.”

  1. Anti-capitalist – This would include women labor organizers. It encompasses socialists and anarchists, who have long worked against the profit-based capitalist/government system, working to improve the lot and the rights of workers, and so have frequently run afoul of the authorities accordingly.
  2. Antipatriarchal – Feminist activist, primarily in the early and late 20th Century, have used protests and civil disobedience in their critique of a male-dominated, militaristic society which has sometimes meant going up against police and government officials – and jail time.
  3. Anti-imperialist and authoritarian/anti-war – Women have long worked as pacifist and anti-war protesters. Caught up in war hysteria, they have historically been jailed for their efforts, whether World War I, the Vietnam War or the invasion of Iraq. Sometimes they have been victims of political decisions that labeled them enemies for their relation to external foes, as with Japanese- American or Muslim-American women. They have fought against US wars and the authoritarian nature of American government foreign policy, and also against imperialism/authoritarianism in its domestic policy, particularly toward African-Americans, but also against Native-Americans, and more broadly, to protest the abuse of the poor by elites.
  4. Anti-white supremacy — Women who have been civil rights activists, whether anti-lynching/white violence, Martin Luther King marchers, or Black Panthers, have been punished for resisting racism which has persisted in this society since its inception. The recent protests against anti-black police brutality have resulted in very harsh reprisals. Women have also paid dearly for supporting the American Indian movement, and the Puerto Rican independence movement. And now women who are Muslim activists or defenders, or even in some cases because they are Muslim, in a time of an amorphous war on terror, have also been imprisoned by the American government.  

These categories are touchstones for illustrating the history of dissent that has created this political class of heroines, Women Politicals. Today, however, in a hyper-distracted society and one dovetailed to many superficial things created by hyper-consumerism, with the white dominant Western Civilization normalizing war, destruction and theft, I would be hard pressed to find that many Americans willing to engage in self-reflection and self-condemnation through the very catharsis of reading Linda’s book. Causes they can relate to? Seeing these women dissenters as both leaders of thought and necessary people of liberation in democracy?

I am hopeful I will do justice to the book’s core humanness and the principal architectonics of Ford’s investigation of a hidden and covered up history.

In Defense of ‘Conspiracy Theories’: From ‘Fake News’ to the Art World

To remain innocent may also be to remain ignorant.
― John Berger, Ways of Seeing

This November 22nd marked fifty-five years since the assassination of John F. Kennedy. Perhaps no other major incident in U.S. history has generated more uncertainty and skepticism towards its official account than his Dallas killing in 1963. A 2013 Gallup poll showed that a clear majority of Americans still doubt the Warren Commission’s determination that Lee Harvey Oswald acted alone as the accused sniper, with many suspecting that others in government and organized crime were involved in a secret plot to kill the president. Although its etymological origins can be traced back further, as a cultural phenomenon the notion of belief in so-called ‘conspiracy theories’ is widely attributed to a surge in distrust of government and media institutions that followed JFK’s murder. Perhaps its only rival would be September 11th, which surveys have similarly indicated a trend of doubt towards the 9/11 Commission Report’s version of events leading up to the attacks in 2001. In other words, most people believe in a major conspiracy theory — yet they generally remain a mark of disgrace and public ridicule.

At no point in time have conspiracy theories been as stigmatized as in the wake of the 2016 U.S. election. Incidentally, what is classified as such is no longer consigned to the societal fringe or ever been more popular. It is alleged that the spreading of “fake news” on social media, featuring debunked viral conspiracies like Pizzagate, was what tipped the voting scales in Donald Trump’s favor. Or was it the very real conspiracy revealed in leaked emails published by WikiLeaks that the Democratic National Committee rigged the party primary for Hillary Clinton? We’re supposed to consider that fake news too, apparently. Regardless, what is consistently never addressed is the reasons why people turn to unofficial narratives because it would require the media to address its own negligence to hold those in power to account.

An examination of the media‘s systemic failure would draw attention to its actual role in society as a tool of mass persuasion on behalf of the ruling elite. Perhaps if the official doctrines of the over-staged Warren and 9/11 Commission Reports were not treated as articles of faith, people wouldn’t be suspicious of a rogue shadow government hidden behind such obvious dog-and-pony shows. If there is no incriminating evidence in the JFK files, why on earth is the public forbidden to see them half a century later? Instead, it is the working class who are demonized for expressing the human need to grasp the social totality denied by a corporate-controlled media that performs the opposite of its expected function. They are left with no choice but to fill in the enormous blanks left gaping by a press in service of the status quo and a government with no transparency. It is always the people who are blamed for the media’s failure to do its job.

The same can be said across the pond or for the West in general. Look no further than a recent article in British newspaper The Guardian alleging that “60% of Britons believe in conspiracy theories.” Its definition of ‘conspiracy’ is so broad that it doesn’t simply refer to beliefs about UFOs or the moon landing, but a general distrust of institutions, official narratives and authority figures in any form. The article then conflates Brexit voters who hold anti-immigrant views with anyone polled who believes that the world is run by a secret global cabal of people who control events together”, and then almost comically states “the most widespread conspiracy belief in the UK, shared by 44% of people, was that ‘even though we live in what’s called a democracy, a few people will always run things in this country anyway.’” That is to say, The Guardian regards a view generally held by most rational people with an accurate understanding of life under capitalism as a ‘conspiracy’ belief equivalent to racism. The article even concludes thatdistrust of company bosses”, a feeling unsurprisingly held by three-fourths of those surveyed, falls under the label of a conspiracy view. Yes, clearly anyone who doesn’t love their oppressors is in equal standing with bigots who want to leave the EU. The world’s self declared ‘leading liberal voice’ is a guardian of power, indeed.

The term ‘conspiracy theory’ itself is a weapon. Its use is so ubiquitous that it automatically implies unconvincing improbability and worthiness of dismissal. How and when did it come to be so widely dispersed in the cultural lexicon? In the 1970s, the CIA had been the subject of numerous scandals with disclosures about its activities ranging from meddling in the affairs of sovereign countries to administering mind-control experiments on citizens in MK-ULTRA. The revelations about its clandestine influence on the press was yet another divulgence. It turns out that a likely possibility for the genesis of the phrase ‘conspiracy theory’ and its far-reaching dissemination was revealed in an important 1976 Freedom of Information Act (FOIA) request by The New York Times in CIA Document 1035–960. The dispatch showed that by the late 1960s, the spy agency was so worried about pervasive skepticism toward the Warren Commission ruling that it issued a bulletin to its elite liaisons in the press to quell subversion. Entitled “Concerning Criticism of the Warren Report”, the communique encouraged the fourth estate to discredit doubters by spreading propaganda. It specifically employed the term while stressing the need to rein in dissenting opinion among journalists and the public:

Just because of the standing of the Commissioners, efforts to impugn their rectitude and wisdom tend to cast doubt on the whole leadership of American society. Moreover, there seems to be an increasing tendency to hint that President Johnson himself, as the one person who might be said to have benefited, was in some way responsible for the assassination. Innuendo of such seriousness affects not only the individual concerned, but also the whole reputation of the American government. Our organization itself is directly involved: among other facts, we contributed information to the investigation. Conspiracy theories have frequently thrown suspicion on our organization, for example by falsely alleging that Lee Harvey Oswald worked for us. The aim of this dispatch is to provide material countering and discrediting the claims of the conspiracy theorists, so as to inhibit the circulation of such claims in other countries.

Whether or not the specific document’s usage of the label is directly attributable to its subsequent omnipresence in the cultural vocabulary is beside the point. It was yet another example of the CIA’s efforts to engineer public opinion with media bias and disinformation, ordering its recruits to “employ propaganda assets to [negate] and refute the attacks of the critics. Book reviews and feature articles are particularly appropriate for this purpose.” Only on occasion does an event like the Kennedy assassination occur where the deep state’s savage nature is glimpsed by the public at large, if only for a brief moment. Such instances require a counterintelligence response if the majority is to stay plugged into the matrix.

The unpleasant truth is that the 35th U.S. President became so despised by the most right-wing and militarist elements in the intelligence apparatus — provoked by his perceived treachery in diplomacy toward Cuba and placation of the Soviet Union following the foreign policy disasters of the Cuban Missile Crisis and Bay of Pigs and apparent desire to deescalate the war in Vietnam — that they most likely removed him in a coup. The extent to which Kennedy was sincere in those efforts is another matter, although it was confirmed in declassified documents last year that he had rejected the proposed Operation Northwoods which would have carried out ‘false flag’ bombings in Miami to be blamed on Fidel Castro which shockingly made it all the way up the chain of command past the Joint Chiefs of Staff for approval. Why is it outlandish for people to suspect they could have done something similar on 9/11?

For Americans to learn the ugly facts behind JFK’s murder, plausibly located in the more than 15,000 documents still concealed from public view, would destroy the foundations of the national security state and the establishment it safeguards. It is on this basis that for more than half a century, corporate-owned media has stifled the multitude of admissions about the assassination brought to light, even when they’ve come from Hollywood movies. What we are witnessing today in the Russiagate fiasco with the “fake news” PSY-OP is an updated version of the CIA’s enlistment of the media following the JFK assassination to orchestrate public opinion which made the phrase ‘conspiracy theory’ a universal pejorative.

Coincidentally, currently on view at the Metropolitan Museum of Art’s Breuer satellite location in New York is the exhibition Everything is Connected: Art and Conspiracy. The show covers more than fifty-years of artists working in painting, sculpture, photography, collage, video and installations addressing a variety of themes ranging from secret torture at CIA black-sites to COINTELPRO to Henry Kissinger’s role in ‘the first 9/11’, the September 1973 coup in Chile which ousted Salvador Allende and installed Augusto Pinochet and Milton Friedman’s Chicago Boys. There are many provocative pieces in the show, such as a Calder-like sculpture of Iraqi oil fields exploring imperialism to an abstract painting suggesting that the WTC towers could have been destroyed by controlled demolition using planted super-thermite explosives.

The timing of such an exposition immediately prompts curiosity. One would assume that the Met was capitalizing on the unprecedented popularity of conspiracies with the “fake news” phenomenon surrounding the Trump presidency, but apparently the lead curator conceived of the show concept a decade prior. Nevertheless, for one of the biggest and wealthiest museums in the world founded by robber barons to permit such a showcase still required a selling point which came in the form of its marketability to satisfy the public’s palate for kitsch. Leaving that aside, however, the content of the exhibit is admittedly of bona fide quality, featuring everything from Black Panther graphic designer Emory Douglas to the late conceptual artist Mike Kelley.

The Kennedy assassination is featured heavily as a spectral motif and the first pieces visitors encounter are two striking neon-colored paintings of Lee Harvey Oswald and his assassin, Jack Ruby, by New York-based artist Wayne Gonzales which sets an ominous tone. Although the individual works of the inspired show are of high caliber, its main shortcoming is the sensationalized presentation. Despite seemingly authentic intentions, it inevitably institutionalizes the idea that when two-thirds of Americans reject the official story of a Kennedy assassination or 9/11, it is ultimately still just a ‘conspiracy.’ Although the exhibit itself is not as culpable as the surrounding cultural context in which it has appeared, it ultimately reifies that what is construed as hypothetical and imaginary conjecture (in the case of the JFK assassination a legitimate consensus) only merits attention as something tacky or niche to be appreciated ironically.

This is particularly advantageous to the establishment at the present moment which is relentlessly selling the naïve idea that we are now living in a “post-truth” era, as if prior to the Trump administration we were in a glory age of ‘truth.’ In order for art to portray such subject matter and be given a platform, it cannot avoid being allocated as novelty of unrefined taste by such a powerful institution. A podcast interview with the gallery curators revealed that one of the artists featured in the show, Hans Haacke, had to earn their trust as he was hesitant to participate in the show because he didn’t wish his work “to be associated with fiction.” Perhaps for related reasons, the curators refreshingly chose to omit the term ‘theory’ from the title while providing a thorough investigation of such themes by artists which reveal what they describe as “conspiracies that turned out not be theories at all, but truths.”

While everyone is aware of the intimate relationship between the art world and the ultra-wealthy benefactors of its museums, less familiar is its history with the CIA. As part of its psychological warfare during the Cold War, the agency spent millions promoting Modern Art, particularly the Abstract Expressionists like Jackson Pollock and Willem de Kooning, a fact only briefly mentioned by the gallery text of the exhibit. The CIA saw the aesthetic individualism and free form style of Abstract Expressionism as emblematic of Western values of ‘freedom of expression’ in antithesis to the socialist realism of the Soviet Union. The CIA provided covert financial support through the establishment of phony foundations with innocuous names that secretly subsidized exhibitions. The primary front organization was the Congress for Cultural Freedom (CCF) whose leading operative was CIA officer Thomas Braden. Braden was even selected as the executive secretary of the Museum of Modern Art (MoMA) in New York by Nelson Rockefeller as he oversaw the CIA’s hush-hush cultural activities in the CCF. He would later go on to become a columnist and co-host of CNN’s Crossfire.

The CIA did not just work stringently to relegate leeriness of its activities under a catch-all misnomer at the low brow level. The Congress for Cultural Freedom’s ideological weaponry even extended to the level of high intellectual theory for its gatekeeping. The CCF and other front groups like the Farfield Foundation secretly sponsored literary magazines such as Commentary and The Paris Review as an effort to redirect the sympathies of the non-communist left in the West away from the Soviet Union toward liberal democracy. Another literary publication that received undercover sponsoring from the CCF was the British-based Encounter magazine, founded by the essayist and intellectual Irving Kristol who later became the “godfather of neo-conservatism” and real life father of ultra-hawk pundit Bill Kristol of The Weekly Standard. During the 1930s, as a college student Irving Kristol was a member of the New York Intellectuals, a group of Jewish literary critics and writers who mostly were Trotskyists that embraced left-wing politics but were staunchly opposed to the Soviet Union under Stalin. These included prominent figures such as Isaiah Berlin, Irving Howe and Hannah Arendt who over time moved to the center and became liberals, or in the case of Kristol eventually further to arch-conservatism.

The intellectual voyage from Trotskyism to neoconservatism was a common thread throughout the 20th century, from David Horowitz to the late Christopher Hitchens. Irving Kristol and his intellectual circle were funded by the CIA in order to influence the political leanings of their cohorts in the European left to move toward liberal democracy and away from communism which fractured the left as a whole. To great effect, this split coalitions between social democratic and communist parties across Europe. If European leftists weren’t swayed by the CIA-sponsored intelligentsia, they were likely discouraged from holding any remaining Soviet sympathies by the ‘false flag’ terrorist attacks carried out during Operation Gladio in NATO-member countries by recruited fascist paramilitaries which were falsely blamed on communist organizations to tarnish their reputations.

Along with the FBI’s COINTELPRO program, the consequences of the CIA’s clandestine activities from the arts to the intelligentsia can be seen in the dominant pseudo-left of today which has further degenerated into excessive preoccupation with toothless reformism and fetishization of gender and race-based identity politics. If the current generation of resolute Marxists are looking to place blame for the dominance of incrementalist politics emphasizing gradual change through existing institutions that has infected the entire left, they shouldn’t be shocked to learn much of it lands on the world’s most powerful spy agency during the Cold War. The CIA wasn’t just in the business of overthrowing democratic leaders of third world nations for Western business interests but equally engaged in cloak-and-dagger cultural operations which successfully altered the focus of leftist politics away from transformative anti-capitalist positions toward centrist liberal stances. To this day, the reverberations of these PSY-OPs can be felt in the contemporary left’s neglect and obfuscation of issues like imperialism and the class struggle. Without knowing this history, one can only have a vague understanding of how the left came to be what it is at present. The military-intelligence complex’s manipulation of the art world is incontrovertible fact, not a fanciful story, and it was just one element of a larger cultural campaign to splinter the Western left.

As the exhibit aptly points out, often what are designated as conspiracy theories in bygone times become indisputable facts years later. If there is now an abundant market for misinformation online exploiting the appetite of a public disillusioned by establishment media in desperate search of an alternative, the presstitutes only have themselves to blame. Claims on the right-wing margins about school shootings being hoaxes will never even begin to approach the irreparable damage done by every major news outlet in the country selling the lies of the Bush administration that Saddam Hussein had Weapons of Mass Destruction to go to war in Iraq, not just to the millions of human lives lost but the trust of the masses in the mass media orthodoxy. The same can be said about their unwillingness to truly investigate the Kennedy assassination and 9/11. Following the 2016 election, the censorship campaign by social network giants against alternative media under the banner of stopping the spread of “fake news” can be seen as confirmation of the effectiveness of real independent journalism and its growing audience. Otherwise, it would not provoke such suppression. This development can either disenchant those hungry for the truth or be interpreted as a positive sign for the future, that people are starting to resist drinking the kool-aid— for now let’s choose the latter.

• Everything is Connected: Art and Conspiracy is on view at the Met Breuer until January 6th, 2019.

In Defense of ‘Conspiracy Theories’: From ‘Fake News’ to the Art World

To remain innocent may also be to remain ignorant.
― John Berger, Ways of Seeing

This November 22nd marked fifty-five years since the assassination of John F. Kennedy. Perhaps no other major incident in U.S. history has generated more uncertainty and skepticism towards its official account than his Dallas killing in 1963. A 2013 Gallup poll showed that a clear majority of Americans still doubt the Warren Commission’s determination that Lee Harvey Oswald acted alone as the accused sniper, with many suspecting that others in government and organized crime were involved in a secret plot to kill the president. Although its etymological origins can be traced back further, as a cultural phenomenon the notion of belief in so-called ‘conspiracy theories’ is widely attributed to a surge in distrust of government and media institutions that followed JFK’s murder. Perhaps its only rival would be September 11th, which surveys have similarly indicated a trend of doubt towards the 9/11 Commission Report’s version of events leading up to the attacks in 2001. In other words, most people believe in a major conspiracy theory — yet they generally remain a mark of disgrace and public ridicule.

At no point in time have conspiracy theories been as stigmatized as in the wake of the 2016 U.S. election. Incidentally, what is classified as such is no longer consigned to the societal fringe or ever been more popular. It is alleged that the spreading of “fake news” on social media, featuring debunked viral conspiracies like Pizzagate, was what tipped the voting scales in Donald Trump’s favor. Or was it the very real conspiracy revealed in leaked emails published by WikiLeaks that the Democratic National Committee rigged the party primary for Hillary Clinton? We’re supposed to consider that fake news too, apparently. Regardless, what is consistently never addressed is the reasons why people turn to unofficial narratives because it would require the media to address its own negligence to hold those in power to account.

An examination of the media‘s systemic failure would draw attention to its actual role in society as a tool of mass persuasion on behalf of the ruling elite. Perhaps if the official doctrines of the over-staged Warren and 9/11 Commission Reports were not treated as articles of faith, people wouldn’t be suspicious of a rogue shadow government hidden behind such obvious dog-and-pony shows. If there is no incriminating evidence in the JFK files, why on earth is the public forbidden to see them half a century later? Instead, it is the working class who are demonized for expressing the human need to grasp the social totality denied by a corporate-controlled media that performs the opposite of its expected function. They are left with no choice but to fill in the enormous blanks left gaping by a press in service of the status quo and a government with no transparency. It is always the people who are blamed for the media’s failure to do its job.

The same can be said across the pond or for the West in general. Look no further than a recent article in British newspaper The Guardian alleging that “60% of Britons believe in conspiracy theories.” Its definition of ‘conspiracy’ is so broad that it doesn’t simply refer to beliefs about UFOs or the moon landing, but a general distrust of institutions, official narratives and authority figures in any form. The article then conflates Brexit voters who hold anti-immigrant views with anyone polled who believes that the world is run by a secret global cabal of people who control events together”, and then almost comically states “the most widespread conspiracy belief in the UK, shared by 44% of people, was that ‘even though we live in what’s called a democracy, a few people will always run things in this country anyway.’” That is to say, The Guardian regards a view generally held by most rational people with an accurate understanding of life under capitalism as a ‘conspiracy’ belief equivalent to racism. The article even concludes thatdistrust of company bosses”, a feeling unsurprisingly held by three-fourths of those surveyed, falls under the label of a conspiracy view. Yes, clearly anyone who doesn’t love their oppressors is in equal standing with bigots who want to leave the EU. The world’s self declared ‘leading liberal voice’ is a guardian of power, indeed.

The term ‘conspiracy theory’ itself is a weapon. Its use is so ubiquitous that it automatically implies unconvincing improbability and worthiness of dismissal. How and when did it come to be so widely dispersed in the cultural lexicon? In the 1970s, the CIA had been the subject of numerous scandals with disclosures about its activities ranging from meddling in the affairs of sovereign countries to administering mind-control experiments on citizens in MK-ULTRA. The revelations about its clandestine influence on the press was yet another divulgence. It turns out that a likely possibility for the genesis of the phrase ‘conspiracy theory’ and its far-reaching dissemination was revealed in an important 1976 Freedom of Information Act (FOIA) request by The New York Times in CIA Document 1035–960. The dispatch showed that by the late 1960s, the spy agency was so worried about pervasive skepticism toward the Warren Commission ruling that it issued a bulletin to its elite liaisons in the press to quell subversion. Entitled “Concerning Criticism of the Warren Report”, the communique encouraged the fourth estate to discredit doubters by spreading propaganda. It specifically employed the term while stressing the need to rein in dissenting opinion among journalists and the public:

Just because of the standing of the Commissioners, efforts to impugn their rectitude and wisdom tend to cast doubt on the whole leadership of American society. Moreover, there seems to be an increasing tendency to hint that President Johnson himself, as the one person who might be said to have benefited, was in some way responsible for the assassination. Innuendo of such seriousness affects not only the individual concerned, but also the whole reputation of the American government. Our organization itself is directly involved: among other facts, we contributed information to the investigation. Conspiracy theories have frequently thrown suspicion on our organization, for example by falsely alleging that Lee Harvey Oswald worked for us. The aim of this dispatch is to provide material countering and discrediting the claims of the conspiracy theorists, so as to inhibit the circulation of such claims in other countries.

Whether or not the specific document’s usage of the label is directly attributable to its subsequent omnipresence in the cultural vocabulary is beside the point. It was yet another example of the CIA’s efforts to engineer public opinion with media bias and disinformation, ordering its recruits to “employ propaganda assets to [negate] and refute the attacks of the critics. Book reviews and feature articles are particularly appropriate for this purpose.” Only on occasion does an event like the Kennedy assassination occur where the deep state’s savage nature is glimpsed by the public at large, if only for a brief moment. Such instances require a counterintelligence response if the majority is to stay plugged into the matrix.

The unpleasant truth is that the 35th U.S. President became so despised by the most right-wing and militarist elements in the intelligence apparatus — provoked by his perceived treachery in diplomacy toward Cuba and placation of the Soviet Union following the foreign policy disasters of the Cuban Missile Crisis and Bay of Pigs and apparent desire to deescalate the war in Vietnam — that they most likely removed him in a coup. The extent to which Kennedy was sincere in those efforts is another matter, although it was confirmed in declassified documents last year that he had rejected the proposed Operation Northwoods which would have carried out ‘false flag’ bombings in Miami to be blamed on Fidel Castro which shockingly made it all the way up the chain of command past the Joint Chiefs of Staff for approval. Why is it outlandish for people to suspect they could have done something similar on 9/11?

For Americans to learn the ugly facts behind JFK’s murder, plausibly located in the more than 15,000 documents still concealed from public view, would destroy the foundations of the national security state and the establishment it safeguards. It is on this basis that for more than half a century, corporate-owned media has stifled the multitude of admissions about the assassination brought to light, even when they’ve come from Hollywood movies. What we are witnessing today in the Russiagate fiasco with the “fake news” PSY-OP is an updated version of the CIA’s enlistment of the media following the JFK assassination to orchestrate public opinion which made the phrase ‘conspiracy theory’ a universal pejorative.

Coincidentally, currently on view at the Metropolitan Museum of Art’s Breuer satellite location in New York is the exhibition Everything is Connected: Art and Conspiracy. The show covers more than fifty-years of artists working in painting, sculpture, photography, collage, video and installations addressing a variety of themes ranging from secret torture at CIA black-sites to COINTELPRO to Henry Kissinger’s role in ‘the first 9/11’, the September 1973 coup in Chile which ousted Salvador Allende and installed Augusto Pinochet and Milton Friedman’s Chicago Boys. There are many provocative pieces in the show, such as a Calder-like sculpture of Iraqi oil fields exploring imperialism to an abstract painting suggesting that the WTC towers could have been destroyed by controlled demolition using planted super-thermite explosives.

The timing of such an exposition immediately prompts curiosity. One would assume that the Met was capitalizing on the unprecedented popularity of conspiracies with the “fake news” phenomenon surrounding the Trump presidency, but apparently the lead curator conceived of the show concept a decade prior. Nevertheless, for one of the biggest and wealthiest museums in the world founded by robber barons to permit such a showcase still required a selling point which came in the form of its marketability to satisfy the public’s palate for kitsch. Leaving that aside, however, the content of the exhibit is admittedly of bona fide quality, featuring everything from Black Panther graphic designer Emory Douglas to the late conceptual artist Mike Kelley.

The Kennedy assassination is featured heavily as a spectral motif and the first pieces visitors encounter are two striking neon-colored paintings of Lee Harvey Oswald and his assassin, Jack Ruby, by New York-based artist Wayne Gonzales which sets an ominous tone. Although the individual works of the inspired show are of high caliber, its main shortcoming is the sensationalized presentation. Despite seemingly authentic intentions, it inevitably institutionalizes the idea that when two-thirds of Americans reject the official story of a Kennedy assassination or 9/11, it is ultimately still just a ‘conspiracy.’ Although the exhibit itself is not as culpable as the surrounding cultural context in which it has appeared, it ultimately reifies that what is construed as hypothetical and imaginary conjecture (in the case of the JFK assassination a legitimate consensus) only merits attention as something tacky or niche to be appreciated ironically.

This is particularly advantageous to the establishment at the present moment which is relentlessly selling the naïve idea that we are now living in a “post-truth” era, as if prior to the Trump administration we were in a glory age of ‘truth.’ In order for art to portray such subject matter and be given a platform, it cannot avoid being allocated as novelty of unrefined taste by such a powerful institution. A podcast interview with the gallery curators revealed that one of the artists featured in the show, Hans Haacke, had to earn their trust as he was hesitant to participate in the show because he didn’t wish his work “to be associated with fiction.” Perhaps for related reasons, the curators refreshingly chose to omit the term ‘theory’ from the title while providing a thorough investigation of such themes by artists which reveal what they describe as “conspiracies that turned out not be theories at all, but truths.”

While everyone is aware of the intimate relationship between the art world and the ultra-wealthy benefactors of its museums, less familiar is its history with the CIA. As part of its psychological warfare during the Cold War, the agency spent millions promoting Modern Art, particularly the Abstract Expressionists like Jackson Pollock and Willem de Kooning, a fact only briefly mentioned by the gallery text of the exhibit. The CIA saw the aesthetic individualism and free form style of Abstract Expressionism as emblematic of Western values of ‘freedom of expression’ in antithesis to the socialist realism of the Soviet Union. The CIA provided covert financial support through the establishment of phony foundations with innocuous names that secretly subsidized exhibitions. The primary front organization was the Congress for Cultural Freedom (CCF) whose leading operative was CIA officer Thomas Braden. Braden was even selected as the executive secretary of the Museum of Modern Art (MoMA) in New York by Nelson Rockefeller as he oversaw the CIA’s hush-hush cultural activities in the CCF. He would later go on to become a columnist and co-host of CNN’s Crossfire.

The CIA did not just work stringently to relegate leeriness of its activities under a catch-all misnomer at the low brow level. The Congress for Cultural Freedom’s ideological weaponry even extended to the level of high intellectual theory for its gatekeeping. The CCF and other front groups like the Farfield Foundation secretly sponsored literary magazines such as Commentary and The Paris Review as an effort to redirect the sympathies of the non-communist left in the West away from the Soviet Union toward liberal democracy. Another literary publication that received undercover sponsoring from the CCF was the British-based Encounter magazine, founded by the essayist and intellectual Irving Kristol who later became the “godfather of neo-conservatism” and real life father of ultra-hawk pundit Bill Kristol of The Weekly Standard. During the 1930s, as a college student Irving Kristol was a member of the New York Intellectuals, a group of Jewish literary critics and writers who mostly were Trotskyists that embraced left-wing politics but were staunchly opposed to the Soviet Union under Stalin. These included prominent figures such as Isaiah Berlin, Irving Howe and Hannah Arendt who over time moved to the center and became liberals, or in the case of Kristol eventually further to arch-conservatism.

The intellectual voyage from Trotskyism to neoconservatism was a common thread throughout the 20th century, from David Horowitz to the late Christopher Hitchens. Irving Kristol and his intellectual circle were funded by the CIA in order to influence the political leanings of their cohorts in the European left to move toward liberal democracy and away from communism which fractured the left as a whole. To great effect, this split coalitions between social democratic and communist parties across Europe. If European leftists weren’t swayed by the CIA-sponsored intelligentsia, they were likely discouraged from holding any remaining Soviet sympathies by the ‘false flag’ terrorist attacks carried out during Operation Gladio in NATO-member countries by recruited fascist paramilitaries which were falsely blamed on communist organizations to tarnish their reputations.

Along with the FBI’s COINTELPRO program, the consequences of the CIA’s clandestine activities from the arts to the intelligentsia can be seen in the dominant pseudo-left of today which has further degenerated into excessive preoccupation with toothless reformism and fetishization of gender and race-based identity politics. If the current generation of resolute Marxists are looking to place blame for the dominance of incrementalist politics emphasizing gradual change through existing institutions that has infected the entire left, they shouldn’t be shocked to learn much of it lands on the world’s most powerful spy agency during the Cold War. The CIA wasn’t just in the business of overthrowing democratic leaders of third world nations for Western business interests but equally engaged in cloak-and-dagger cultural operations which successfully altered the focus of leftist politics away from transformative anti-capitalist positions toward centrist liberal stances. To this day, the reverberations of these PSY-OPs can be felt in the contemporary left’s neglect and obfuscation of issues like imperialism and the class struggle. Without knowing this history, one can only have a vague understanding of how the left came to be what it is at present. The military-intelligence complex’s manipulation of the art world is incontrovertible fact, not a fanciful story, and it was just one element of a larger cultural campaign to splinter the Western left.

As the exhibit aptly points out, often what are designated as conspiracy theories in bygone times become indisputable facts years later. If there is now an abundant market for misinformation online exploiting the appetite of a public disillusioned by establishment media in desperate search of an alternative, the presstitutes only have themselves to blame. Claims on the right-wing margins about school shootings being hoaxes will never even begin to approach the irreparable damage done by every major news outlet in the country selling the lies of the Bush administration that Saddam Hussein had Weapons of Mass Destruction to go to war in Iraq, not just to the millions of human lives lost but the trust of the masses in the mass media orthodoxy. The same can be said about their unwillingness to truly investigate the Kennedy assassination and 9/11. Following the 2016 election, the censorship campaign by social network giants against alternative media under the banner of stopping the spread of “fake news” can be seen as confirmation of the effectiveness of real independent journalism and its growing audience. Otherwise, it would not provoke such suppression. This development can either disenchant those hungry for the truth or be interpreted as a positive sign for the future, that people are starting to resist drinking the kool-aid— for now let’s choose the latter.

• Everything is Connected: Art and Conspiracy is on view at the Met Breuer until January 6th, 2019.

Russian “Collusion” is a Red Herring While a Fourth Reich Rises

As the 2018 U.S. midterm elections approach, there is still no evidence of ‘collusion’ between the campaign of President Donald J. Trump and the Russian government after nearly two years of inquiry. Thus far in the Department of Justice’s investigation led by Special Counsel Robert S. Mueller III, only a trail of corruption involving Trump associates has been discovered. None of their wrongdoings connect to the Russian nationals also indicted in the probe, including the illicit lobbying by former campaign chairman Paul Manafort in Ukraine which actually went against Russia’s interests on behalf of the EU. One can anticipate that more misdeeds by his cronies will be uncovered given that corruption in Washington grows on trees, some of which may even implicate Trump himself. However, if there were anything incriminating at the level of high treason, the likelihood that it wouldn’t have been unearthed already after such an exhaustive inquest relying on splitting hairs for indictments is slim.

The Kremlin has also fulfilled the need of a scapegoat across the Atlantic for the UK’s Brexit referendum. Mueller has examined emails from the shadowy British consulting firm Cambridge Analytica, but seemingly only to scrutinize whether they contain evidence of intrigue between Trump and Russia. The UK-based voter profiling company, chaired by former Trump campaign and Breitbart CEO Stephen K. Bannon and owned by the mysterious right-wing billionaire Robert Mercer, provided services for both the Trump and Brexit campaigns using the collected data of more than 80 million Facebook users for ‘electoral engineering.’ After the scandal broke, the firm was suspended by Facebook and then reported to have shut its doors. It quickly came to light that the company had merely re-branded itself under the handle Emerdata Ltd., now under the management of Mercer’s daughters Rebekah and Jennifer. It is even operating out of the same headquarters in London and although it is still under federal investigation, no criminal charges appear imminent against its previous incarnation. Cambridge Analytica denies breaking any laws but it is widely believed to have done so by electoral watchdog groups. Have there been no legal proceedings because the DOJ is prioritizing finding connections between Trump and Moscow?

Cambridge Analytica whistleblower Christopher Wylie made several admissions about its activities. One significant disclosure was that its database building of social media users was assisted by employees of Palantir Technologies, the nebulous software company owned by another pro-Trump billionaire, Paypal co-founder Peter Thiel. A GOP mega-donor and Silicon Valley venture capitalist with close ties to Robert Mercer, Thiel was rewarded with a spot on the executive committee of Trump’s transition team after his surprising victory. The Palantir moniker eerily derives from J.R.R. Tolkien’s Lord of the Rings after a crystal ball used by a wizard to see into far off places and the past. Palintir employees aided the firm in constructing ‘psychographs’ of voters based on their preferences, behavior, and internet activity in order to target them with advertising. Why on earth is Russia the center of the investigation and not the multiple private intelligence and data mining firms hired to stage-manage the election?

One possibility is because Palintir’s expertise has previously been employed for data scraping services by a range of powerful clients, including predictive-policing software for law enforcement and even the National Security Agency for developing its XKEYSCORE internet surveillance database. If election manipulation by the Trump campaign was facilitated by a company previously contracted by the Pentagon to weaponize data using social media as a global spy tool, it is easy to conclude why Russia would be a preferred suspect in the investigation. Only the naive could believe the Mueller inquiry represents anything other than the interests of the U.S. intelligence apparatus. After all, it is their unsubstantiated word alone that has been the entire source for the claims of Russia’s alleged interference. If the investigation findings were to implicate Palintir which is funded by the CIA’s venture capital fund In-Q-Tel, we are really expected to believe a career spook like Mueller would be impartial?

Palintir also has an outpost in Tel Aviv, Israel. One of Trump’s most controversial foreign policy moves has been the abandonment of the Iran nuclear deal accord and it just so happens that the inspections by the International Atomic Energy Agency used Palintir’s Mosaic software to ensure Tehran was in compliance. If the President of the United States is openly supported by the billionaire supplying the technology to verify Iran is in accordance with the agreement and has campaigned vowing to sabotage it, how in the world is this ethical and not a conflict of interest? Shortly before the U.S. withdrawal, Trump even met with Thiel just hours after speaking with Prime Minister Binyamin Netanyahu about Iran. Cambridge Analytica is also tied to Israel through private intelligence firm Wikistrat Inc. which offered the Trump campaign social media election manipulation services in a partnership. It is clear that any loose associations between the Kremlin and Trump have been overplayed in order to soft pedal the overwhelming influence by Israel. Meanwhile, Putin cannot even appear to rig the vote in his own country, as following Russia’s recent unpopular pension reforms his political party suffered losses in regional elections.

Christopher Wylie indeed testified that it was a Russian data scientist who authored the survey app which gathered the information used by Cambridge Analytica from millions of Facebook profiles. The psychology professor, Aleksandr Kogan, provided the data to Cambridge Analytica’s parent company, Strategic Communication Laboratories (SCL). Evidently, his research for the app through the University of St. Petersburg was funded using Russian government grants but Kogan, who is actually a Moldovan-born U.S. citizen, has done academic studies subsidized by the U.S., UK, Chinese and Canadian governments as well. The dots that have been connected to Russian intelligence possessing access to Kogan’s data are pure speculation, as are the claims that Kogan is a spy, a highly unlikely possibility considering he is still currently employed by the University of Cambridge. What is more certain is Cambridge Analytica’s nefarious use of private information to target voters for the Trump and Leave EU campaigns, but the Mueller team remains fixated on Moscow.

What are the consequences of this smokescreen? Steve Bannon has been free to move on from his ouster in the Trump administration to offer his prowess to far rightists around the world with the formation of a organization dubbed “The Movement.” Based in Belgium and co-founded with the country’s populist demagogue Mischaël Modrikamen, its stated aim is to prop up ultra nationalism across the EU before next year’s European Parliament elections. The shady organization is intended to be a right-wing equivalent of the Open Society Foundation by bolstering far right political movements from behind the scenes. Bannon’s modus operandi is in giving a businesslike and accessible polish to right-wing populism while placing greater emphasis on anti-immigration, the refugee crisis and Islamophobia. The Movement is consulting parties such as:

  • Fidesz, party of Hungarian Prime Minister Viktor Orban
  • The Italian League, party of Italy’s Deputy Prime Minister Matteo Salvini
  • Alternative for Germany/Alternative for Deutschland (AfD)
  • Sweden Democrats, third place in last month’s general election
  • Dutch Party for Freedom, led by Geert Wilders and is the second largest party in the Netherlands House of Representatives
  • Freedom Party of Austria
  • Swiss People’s Party
  • UK Independence Party (Ukip); Bannon is close colleagues with leader Nigel Farage
  • National Front/National Rally (France) led by Marine Le Pen
  • Belgium People’s Party
  • VOX (Spain)

Prior to the Great Recession, far right political organizations had remained on the periphery for decades following the Second World War until the 2008 financial crash reintroduced the economic circumstances that gave rise to fascism in the 1930s. Suddenly, the far right began to flourish in countries hit hardest by the Eurozone’s debts. This development was simultaneous with the emergence of the Tea Party in the U.S. resurrecting the Gadsden banner. Golden Dawn made notable gains in the Greek parliament but their brand still resembled the anti-Semitic nationalists of Eastern Europe, a hard sell in the rest of the continent. When a further destabilized Middle East facilitated by Western interventionism led to a flux of migrants seeking refugee status in the EU, an opportunity arose for transformation of nationalism in Western and Southern Europe to an ‘accessible’ Islamophobic variety.

The distinguishing characteristic of this new wave of fascism is not just jettisoning of anti-Semitism, but strong support of the state of Israel. For instance, the Alternative for Germany (AfD) which is now the largest opposition party in the Bundestag is bankrolled by the pro-Israel Gatestone Institute and closely aligned with Netanyahu’s Likud party. In France, Marine Le Pen’s National Front (now known as National Rally) is historically anti-Semitic but has gradually shifted its agenda toward attacking Islam in recent decades as well. Steve Bannon himself even boasted he is an avowed “Judeo-Christian Zionist.” On the surface this disturbing alliance between Holocaust-denying figures like Viktor Orban and Israel may seem unlikely, it also makes perfect sense considering both Zionists and the extreme right hold the historical view that Jews are fundamentally non-native to Europe and they have a common civilizational ‘enemy’ in Islam.

Bannon isn’t limiting his enterprise to the Northern Hemisphere either and has already exported it to the global south. It was recently reported that the former White House Chief Strategist is advising the campaign of the runoff winner for Brazil’s presidency, Jair Bolsanaro, who has been described as a “Brazilian Trump” and “Tropical Hitler” for his disparaging statements about women, gays, blacks and the country’s indigenous minority. Bolsanaro has also expressed nostalgia for the military dictatorship that lasted more than two decades in Brazil after a 1964 U.S.-backed coup. Bolsanaro has been such a paralyzing figure in Brazilian politics, he was hospitalized after a knife stabbing at a campaign event last month. Historically, fascism and South America are no strangers — following WWII, it was Argentina under Juan Perón which provided secret safe harbor to Nazi war criminals such as Adolf Eichmann and Auschwitz physician Josef Mengele.

With no end or likely impeachment in sight, it is clear that the media and public have been diverted toward a ruse contrived by the U.S. intelligence community. The entire premise of the Russia investigation ostensibly presumes its own conclusion, searching for the missing pieces to a preconstructed narrative rather than determining what actually transpired. It has all the hallmarks of a counterintelligence PSY-OP, designed to commandeer public disapproval of Trump into serving the State Department’s objective of undermining Russia and sabotaging even the most modest efforts to be diplomatic with Moscow. The media and establishment can hardly contain their contempt for the working class in the theft of their agency, as if none of their grievances which the extreme right has capitalized on could be legitimate. Still, if it were to be determined that the election was compromised by the likes of Cambridge Analytica and Palintir instead of the Kremlin, it would remain a distraction from underlying causes.

The global economic downturn is what has nurtured the far right, but its rebirth in Europe truly originates with the fall of the Soviet Union. In 1989, the American political scientist Francis Fukuyama famously hypothesized in The End of History and the Last Man that Karl Marx had been proven wrong that communism would replace capitalism with the advent of liberal democracy. Fukuyama wrote:

What we may be witnessing is not just the end of the Cold War or the passing of a particular period of post-war history, but the end of history as such: that is, the end point of mankind’s ideological evolution and the universalization of Western liberal democracy as the final form of human government.

If socialism failed, almost thirty years later it appears that so too are capitalism and liberal democracy. We were told the fall of communism was the ‘end of history’, and there were no longer any further steps in humanity’s evolutionary process. Once a celebrated figure, what Fukuyama wrote then can only be interpreted today as a colossally failed prediction by an intellectual charlatan. Both a resurgence of socialism as well as a potential descent into fascist barbarism are back on the table in our present historical moment.

Last month, the media was enthralled by the collective laughter of the international community at Trump’s embarrassing speech to the United Nations General Assembly that seemed to all but confirm the dismantling of U.S. hegemony. While Trump made clear his ultra-nationalist departure from his predecessors in denouncing “the ideology of globalism”, per usual the presstitutes overlooked one of the address’s most significant moments when he stated:

Virtually everywhere socialism or communism has been tried, it has produced suffering, corruption, and decay. Socialism’s thirst for power leads to expansion, incursion, and oppression. All nations of the world should resist socialism.

That Trump devoted a portion of his tirade to denounce socialism is remarkable and a virtual admittance that the ruling classes are trembling that it is no longer a dirty word in the Western lexicon. On the one hand, because capitalism is in a crisis large sections of the working class are desperately turning to a far-right appealing to their popular anger at the elite and prejudices against migrants. Capitalism has historically kept the far right on life support in reserve for absorbing revolt in its periods of crisis to be misdirected into jingoism and scapegoating, an opposition much easier to control. If the far right today is ascendant, so too is socialism which must seize upon the class struggle that has once again returned to the forefront determining political life. If liberal democracy speaks of the ‘end of history’, fascism represents the end of humanism in its hostility to culture and civilization, no matter how new and improved its image. History is indeed repeating itself. As the great Uruguayan writer Eduardo Galeano once said in what could have been a rebuttal to Fukuyama’s thesis —“History never really says goodbye. It says, ‘see you later.’”

Brett Kavanaugh Is Long Past His Sell-by Date as a Credible Human

I have been speaking with a number of people on the other side. We’ve had conversations ongoing for a while with regard to making sure that we do due diligence here….

— Senator Jeff Flake, Arizona Republican, September 28, 2018

When Jeff Flake says he’s been talking with people on the other side about doing due diligence regarding the Brett Kavanaugh Supreme Court nomination, that’s the sound of hypocrisy talking. Flake’s party destroyed due diligence the moment it decided to keep most of the records of Kavanaugh’s government service secret. Think about that. It doesn’t seem the Democrats thought much about it. They made some token complaints before rolling over and saying, in effect, that’s OK, this guy worked for the executive branch on polarizing, partisan issues for years, but we don’t really need to know what he did even though taxpayers were paying him to do it. Seriously, whatever his involvement with Vince Foster’s suicide or the Starr investigation into Monica Lewinsky or shutting down the vote count in the 2000 election or building a bogus case for an illegal war in Iraq or developing justifications for torture and other war crimes, we don’t need to know about any of that. And so we don’t.

A bipartisan conspiracy of silence was treated as a reasonable approach to vetting a chronic liar whose known views would take this country in the opposite direction from where a majority of the people appear to want it to go. With that corrupt two-party bargain in place, the risk of an actual, factual record for the candidate was too great a risk to take. And then Dr. Christine Blasey Ford finally emerged with a credible tale of Kavanaugh and Mark Judge, both drunk and laughing hysterically, trying to rape her in an eerie enactment of a “devil’s triangle” (which Kavanaugh, with presumably unintended irony, would later testify falsely was a “drinking game” – a game for the drinkers, perhaps, but not so much the victim). This was one of the lesser dark areas of Kavanaugh’s case that persuaded Jeff Flake to play both sides of the aisle to no clear purpose (continuing his September 28 statement):

And I think it would be proper to delay the floor vote for up to, but not more than, one week in order to let the FBI continue—to do an investigation, limited in time and scope, to the current allegations that are there, and limit in time to no more than one week….

Acting as if he were proposing something brave, Flake suggested postponing the floor vote, not the committee vote, a gesture that is so antithetical to itself as to be a moral cypher. If there is reason to postpone the floor vote, then there is at least as much reason to postpone the committee. The committee vote by definition pre-judges the floor vote. The committee vote maintains the nomination’s momentum, even as Flake pretends to pause for reflection while the FBI investigates.

But his proposal isn’t a good faith postponement. Flake does not seek a serious, credible FBI investigation that follows the facts wherever they might lead. Acting in patent bad faith, he calls for an investigation of limited time and scope, conditions that increase the likelihood of an inadequate investigation. And Flake calls for an investigation limited “to the current allegations,” which is tantamount to calling for a cover-up of any future allegations, or any further allegations developing out of current allegations. Having called for a process that could appear as fairness without significant risk of actual fairness, Flake concluded his statement:

And I will vote to advance the bill to the floor with that understanding.

Flake’s fellow Republicans professed to be shocked – shocked! – by his resort to subterfuge while moving the Kavanaugh nomination forward. Then they promptly went along with it. As did the president, with a still secret order implementing it. Flake may have imagined himself as the subject of a profile in courage, even though his action accomplished nothing. It was a profile in cowardice cloaked in hypocrisy. Little wonder this plan has been unraveling almost since it was put in place. Actual courage would have led Flake to vote against sending the nomination to the floor of the Senate until all Kavanaugh’s dishonesties, anger issues, and judicial temperament questions had been satisfactorily answered. A relatively simple example, when Kavanaugh says in his opening statement under oath:

Dr. Ford’s allegation is not merely uncorroborated, it is refuted by the very people she says were there, including by a longtime friend of hers. Refuted.

This is false. None of Dr. Ford’s allegations were refuted by anyone. Dr. Ford’s allegations have not been effectively rebutted by anyone. Kavanaugh has denied them. His supporters have said, in effect, I can’t imagine he’d do such a thing. But there is NO evidence that counters Dr. Ford’s allegations. And Kavanaugh knows that: right before claiming “refutation” Kavanaugh himself acknowledged that “the very people she says were there” have all said they don’t remember anything. Kavanaugh doesn’t mention that the “longtime friend” has said she believes Dr. Ford.

Why does this matter?

Any decent judge should know the difference between “refute” and “rebut,” and should take care not to assert refutation where none exists. If Kavanaugh is deliberately lying here, that should be disqualifying for service on the Supreme Court, or any court. If Kavanaugh is not lying, the dishonesty with which he presents and evaluates evidence should be disqualifying for his holding any judgeship.

Kavanaugh made a point of saying he wrote his own opening statement, with help from no one. He says he showed it to one former law clerk (who apparently had nothing to say about the misuse of “refute”). Kavanaugh insisted that it was all his own work, as was this passage:

This whole two-week effort has been a calculated and orchestrated political hit, fueled with apparent pent-up anger about President Trump and the 2016 election, fear that has been unfairly stoked about my judicial record, revenge on behalf of the Clintons and millions of dollars in money from outside left-wing opposition groups.

That’s a pretty remarkable charge for a sitting judge to make without offering any supporting evidence. The record suggests it’s not entirely true (at best), since Dr. Ford tried to come forward in July, when Kavanaugh first appeared on the short list of possible nominees. The fact that Dr. Ford’s name was not public until September 17 was not her doing, and nothing in the record supports the notion that these events were “a calculated and orchestrated political hit.” Kavanaugh’s statement here smacks of raw, right-wing partisanship based not on fact but bias.

We do not want any more judges acting on bias rather than facts. We should have the FBI investigate Kavanaugh’s fervent claims. We should begin by believing him. We should provide a public hearing in which he may put forward any factual basis for his claim that he is the victim of an attempted political rape by unnamed attackers.

Creating a Suspect Society: The Scary Side of the Technological Police State

If, as it seems, we are in the process of becoming a totalitarian society in which the state apparatus is all-powerful, the ethics most important for the survival of the true, free, human individual would be: cheat, lie, evade, fake it, be elsewhere, forge documents, build improved electronic gadgets in your garage that’ll outwit the gadgets used by the authorities.

Philip K. Dick

It’s a given that Big Brother is always watching us.

Unfortunately, thanks to the government’s ongoing efforts to build massive databases using emerging surveillance, DNA and biometrics technologies, Big Brother (and his corporate partners in crime) is getting even creepier and more invasive, intrusive and stalker-like.

Indeed, every dystopian sci-fi film (and horror film, for that matter) we’ve ever seen is suddenly converging into this present moment in a dangerous trifecta between science and technology, Big Business, and a government that wants to be all-seeing, all-knowing and all-powerful—but not without help from the citizenry.

On a daily basis, Americans are relinquishing (in many cases, voluntarily) the most intimate details of who we are—our biological makeup, our genetic blueprints, and our biometrics (facial characteristics and structure, fingerprints, iris scans, etc.)—in order to navigate an increasingly technologically-enabled world.

As journalist Anna Myers notes:

Fingerprint readers, eye scans, and voice recognition are no longer just the security methods of high-tech spy movies. Millions of mobile phone, bank, and investment customers now have these technologies at their fingertips. Schwab uses voice recognition, Apple uses fingerprints, Wells Fargo scans eyes, and other companies are developing heartbeat or grip technology to verify user identity. Whether biometric technology will thrive or meet its demise depends not only on the security of the technology, but also whether the U.S. legal system will adapt to provide the privacy protections necessary for consumers to use it and for companies to invest in its development. Currently there is no federal law and only one state with a law protecting biometric information.

Translation: thus far, the courts have done little to preserve our rights in the face of technologies and government programs that have little respect for privacy or freedom.

Consider all the ways we continue to be tracked, hunted, hounded, and stalked by the government and its dubious agents:

By tapping into your phone lines and cell phone communications, the government knows what you say.

By uploading all of your emails, opening your mail, and reading your Facebook posts and text messages, the government knows what you write.

By monitoring your movements with the use of license plate readers, surveillance cameras and other tracking devices, the government knows where you go.

By churning through all of the detritus of your life—what you read, where you go, what you say—the government can predict what you will do.

By mapping the synapses in your brain, scientists—and in turn, the government—will soon know what you remember.

By mapping your biometrics—your “face-print”—and storing the information in a massive, shared government database available to bureaucratic agencies, police and the military, the government’s goal is to use facial recognition software to identify you (and every other person in the country) and track your movements, wherever you go.

And by accessing your DNA, the government will soon know everything else about you that they don’t already know: your family chart, your ancestry, what you look like, your health history, your inclination to follow orders or chart your own course, etc.

Of course, none of these technologies are foolproof.

Nor are they immune from tampering, hacking or user bias.

Nevertheless, they have become a convenient tool in the hands of government agents to render null and void the Constitution’s requirements of privacy and its prohibitions against unreasonable searches and seizures.

Consequently, no longer are we “innocent until proven guilty” in the face of DNA evidence that places us at the scene of a crime, behavior sensing technology that interprets our body temperature and facial tics as suspicious, and government surveillance devices that cross-check our biometrics, license plates and DNA against a growing database of unsolved crimes and potential criminals.

Increasingly, we are all guilty until proven innocent as the government’s questionable acquisition and use of biometrics and DNA to identify individuals and “solve” crimes makes clear.

Indeed, for years now, the FBI and Justice Department have conspired to acquire near-limitless power and control over biometric information collected on law-abiding individuals, millions of whom have never been accused of a crime.

Going far beyond the scope of those with criminal backgrounds, the FBI’s Next Generation Identification database (NGID), a billion dollar boondoggle that is aimed at dramatically expanding the government’s ID database from a fingerprint system to a vast data storehouse of iris scans, photos searchable with face recognition technology, palm prints, and measures of gait and voice recordings alongside records of fingerprints, scars, and tattoos.

Launched in 2008, the NGID is a massive biometric database that contains more than 100 million fingerprints and 45 million facial photos gathered from a variety of sources ranging from criminal suspects and convicts to daycare workers and visa applicants, including millions of people who have never committed or even been accused of a crime.

In other words, innocent American citizens are now automatically placed in a suspect database.

For a long time, the government was required to at least observe some basic restrictions on when, where and how it could access someone’s biometrics and DNA and use it against them.

That is no longer the case.

The information is being amassed through a variety of routine procedures, with the police leading the way as prime collectors of biometrics for something as non-threatening as a simple moving violation. The nation’s courts are also doing their part to “build” the database, requiring biometric information as a precursor to more lenient sentences. And, of course, Corporate America has made it so easy to use one’s biometrics to access everything from bank accounts to cell phones.

We’ve made it so easy for the government to target, identify and track us—dead or alive.

It’s like shooting fish in a barrel.

For instance, in March 2018, Florida police showed up at a funeral home, asked to see the corpse of 30-year-old Linus F. Phillip, and attempted to use the dead man’s finger to unlock his cell phone using his biometric fingerprint. (It turns out, cops unlocking cell phones with dead people’s fingerprints is now relatively common.)

In 2016, the Department of Justice secured a warrant allowing police to enter a California residence and force anyone inside to use their “biometric information to open their mobile devices.”

Two years earlier, in 2014, a Virginia court “declared it legal to use criminal suspects’ fingerprints to open up smartphones.”

This doesn’t even touch on the many ways in which the government is using our DNA against us, the Constitution be damned.

In 2015, the U.S. Supreme Court let stand the Maryland Court of Appeals’ ruling in Raynor v. Maryland, which essentially determined that individuals do not have a right to privacy when it comes to their DNA.

Although Glenn Raynor, a suspected rapist, willingly agreed to be questioned by police, he refused to provide them with a DNA sample.

No problem: Police simply swabbed the chair in which Raynor had been sitting and took what he refused to voluntarily provide. Raynor’s DNA was a match, and the suspect became a convict. In refusing to hear the case, the U.S. Supreme Court gave its tacit approval for government agents to collect shed DNA, likening it to a person’s fingerprints or the color of their hair, eyes or skin.

Whereas fingerprint technology created a watershed moment for police in their ability to “crack” a case, DNA technology is now being hailed by law enforcement agencies as the magic bullet in crime solving.

It’s what police like to refer to as a “modern fingerprint.”

However, unlike a fingerprint, a DNA print reveals everything about “who we are, where we come from, and who we will be.”

With such a powerful tool at their disposal, it was inevitable that the government’s collection of DNA would become a slippery slope toward government intrusion.

Certainly, it was difficult enough trying to protect our privacy in the wake of a 2013 Supreme Court ruling in Maryland v. King that likened DNA collection to photographing and fingerprinting suspects when they are booked, thereby allowing the government to take DNA samples from people merely “arrested” in connection with “serious” crimes.

At that time, Justice Antonin Scalia warned that as a result of the Court’s ruling, “your DNA can be taken and entered into a national database if you are ever arrested, rightly or wrongly, and for whatever reason.”

Now, Americans are vulnerable to the government accessing, analyzing and storing their DNA without their knowledge or permission.

As the dissenting opinion in Raynor for the Maryland Court of Appeals rightly warned:

A person desiring to keep her DNA profile private, must conduct her public affairs in a hermetically sealed hazmat suit…. The Majority’s holding means that a person can no longer vote, participate in a jury, or obtain a driver’s license, without opening up his genetic material for state collection and codification.

All 50 states now maintain their own DNA databases, although the protocols for collection differ from state to state. That DNA is also being collected in the FBI’s massive national DNA database, code-named CODIS (Combined DNA Index System), which was established as a way to identify and track convicted felons and has since become a de facto way to identify and track the American people from birth to death.

Indeed, hospitals have gotten in on the game by taking and storing newborn babies’ DNA, often without their parents’ knowledge or consent. It’s part of the government’s mandatory genetic screening of newborns. However, in many states, the DNA is stored indefinitely.

What this means for those being born today is inclusion in a government database that contains intimate information about who they are, their ancestry, and what awaits them in the future, including their inclinations to be followers, leaders or troublemakers.

For the rest of us, it’s just a matter of time before the government gets hold of our DNA, either through mandatory programs carried out in connection with law enforcement and corporate America, or through the collection of our “shed” or “touch” DNA.

While much of the public debate, legislative efforts and legal challenges in recent years have focused on the protocols surrounding when police can legally collect a suspect’s DNA (with or without a search warrant and whether upon arrest or conviction), the question of how to handle “shed” or “touch” DNA has largely slipped through without much debate or opposition.

Yet as scientist Leslie A. Pray notes:

We all shed DNA, leaving traces of our identity practically everywhere we go. Forensic scientists use DNA left behind on cigarette butts, phones, handles, keyboards, cups, and numerous other objects, not to mention the genetic content found in drops of bodily fluid, like blood and semen. In fact, the garbage you leave for curbside pickup is a potential gold mine of this sort of material. All of this shed or so-called abandoned DNA is free for the taking by local police investigators hoping to crack unsolvable cases. Or, if the future scenario depicted at the beginning of this article is any indication, shed DNA is also free for inclusion in a secret universal DNA databank.

What this means is that if you have the misfortune to leave your DNA traces anywhere a crime has been committed, you’ve already got a file somewhere in some state or federal database, albeit it may be a file without a name.

In other words, you’re a suspect to be watched.

As Forensic magazine reports:

As officers have become more aware of touch DNA’s potential, they are using it more and more. Unfortunately, some [police] have not been selective enough when they process crime scenes. Instead, they have processed anything and everything at the scene, submitting 150 or more samples for analysis.

Even old samples taken from crime scenes and “cold” cases are being unearthed and mined for their DNA profiles.

Today, helped along by robotics and automation, DNA processing, analysis and reporting takes far less time and can bring forth all manner of information, right down to a person’s eye color and relatives. Incredibly, one company specializes in creating “mug shots” for police based on DNA samples from unknown “suspects” which are then compared to individuals with similar genetic profiles.

If you haven’t yet connected the dots, let me point the way.

Having already used surveillance technology to render the entire American populace potential suspects, DNA technology in the hands of government will complete our transition to a suspect society in which we are all merely waiting to be matched up with a crime.

No longer can we consider ourselves innocent until proven guilty. Now we are all suspects in a DNA lineup until circumstances and science say otherwise.

Of course, there will be those who point to DNA’s positive uses in criminal justice, such as in those instances where it is used to absolve someone on death row of a crime he didn’t commit, and there is no denying its beneficial purposes at times.

However, as is the case with body camera footage and every other so-called technology that is hailed as a “check” on government abuses, in order for the average person—especially one convicted of a crime—to request and get access to DNA testing, they first have to embark on a costly, uphill legal battle through red tape and, even then, they are opposed at every turn by a government bureaucracy run by prosecutors, legislatures and law enforcement.

What this amounts to is a scenario in which we have little to no defense of against charges of wrongdoing, especially when “convicted” by technology, and even less protection against the government sweeping up our DNA in much the same way it sweeps up our phone calls, emails and text messages.

Yet if there are no limits to government officials being able to access your DNA and all that it says about you, then where do you draw the line?

As technology makes it ever easier for the government to tap into our thoughts, our memories, our dreams, suddenly the landscape becomes that much more dystopian.

With the entire governmental system shifting into a pre-crime mode aimed at detecting and pursuing those who “might” commit a crime before they have an inkling, let alone an opportunity, to do so, it’s not so far-fetched to imagine a scenario in which government agents (FBI, local police, etc.) target potential criminals based on their genetic disposition to be a “troublemaker” or their relationship to past dissenters.

Equally disconcerting: if scientists can, using DNA, track salmon across hundreds of square miles of streams and rivers, how easy will it be for government agents to not only know everywhere we’ve been and how long we were at each place but collect our easily shed DNA and add it to the government’s already burgeoning database?

It’s not just yourself you have to worry about, either.

It’s also anyone related to you who can be connected by DNA.

These genetic fingerprints, as they’re called, do more than just single out a person. They also show who you’re related to and how. As the Associated Press reports:

DNA samples that can help solve robberies and murders could also, in theory, be used to track down our relatives, scan us for susceptibility to disease, or monitor our movements.

Capitalizing on this, police in California, Colorado, Virginia and Texas use DNA found at crime scenes to identify and target family members for possible clues to a suspect’s whereabouts.

Who will protect your family from being singled out for “special treatment” simply because they’re related to you? As biomedical researcher Yaniv Erlich warns:

If it’s not regulated and the police can do whatever they want … they can use your DNA to infer things about your health, your ancestry, whether your kids are your kids.

For that matter, how do you protect yourself against having your DNA extracted, your biometrics scanned and the most intimate details of who you are—your biological footprint—uploaded into a government database?

What recourse do you have when that information, taken against your will, is shared, stolen, sold or compromised, as it inevitably will be in this age of hackers? We know that databases can be compromised. We’ve seen it happen to databases kept by health care companies, motor vehicle agencies, financial institutions, retailers and intelligence agencies such as the NSA.

And what about those cases in which the technology proved to be wrong, either through human error or tampering?

It happens more often than we are told.

For example, David Butler spent eight months in prison for a murder he didn’t commit after his DNA was allegedly found on the murder victim and surveillance camera footage placed him in the general area the murder took place. Conveniently, Butler’s DNA was on file after he had voluntarily submitted it during an investigation years earlier into a robbery at his mother’s home.

The case seemed cut and dried to everyone but Butler who proclaimed his innocence.

Except that the DNA evidence and surveillance footage was wrong: Butler was innocent.

That Butler’s DNA was supposedly found on the victim’s nails was attributed to three things: one, Butler was a taxi driver  and so it was possible for his DNA to be transferred from his taxi via money or another person, onto the murder victim”; two, Butler had a rare skin condition causing him to shed flakes of skin—i.e., more DNA to spread around, much more so than the average person; and three, police wanted him to be the killer, despite the fact that the DNA sample was only a partial match, of poor quality, and experts at the time said they could neither say that he was guilty nor rule him out.

Unfortunately, we now find ourselves in the unenviable position of being monitored, managed, convicted and controlled by our technology, which answers not to us but to our government and corporate rulers.

This is the fact-is-stranger-than-fiction lesson that is being pounded into us on a daily basis.

While the Fourth Amendment was created to prevent government officials from searching an individual’s person or property without a warrant and probable cause—evidence that some kind of criminal activity was afoot—the founders could scarcely have imagined a world in which we needed protection against widespread government breaches of our privacy on a cellular level.

Yet that’s exactly what we are lacking.

Once again, technology has outdistanced both our understanding of it and our ability to adequately manage the consequences of unleashing it on an unsuspecting populace.

In the end, as I make clear in my book Battlefield America: The War on the American People, what all of this amounts to is a carefully crafted campaign designed to give the government access to and control over what it really wants: you.

Kavanaugh Is The Wrong Nominee For Our Times

Demonstrators protest outside of Supreme Court after Judge Brett Kavanaugh was chosen by President Trump as his nominee for the high court. From FOX 45 DC twitter.

The Kavanaugh confirmation process has been a missed opportunity for the United States to face up to many urgent issues on which the bi-partisans in Washington, DC are united and wrong.

Kavanaugh’s career as a Republican legal operative and judge supporting the power of corporations, the security state and abusive foreign policy should have been put on trial. The hearings could have provided an opportunity to confront the security state, use of torture, mass spying and the domination of money in politics and oligarchy as he has had an important role in each of these.

Kavanaugh’s behavior as a teenager who likely drank too much and was inappropriately aggressive and abusive with women, perhaps even attempting rape, must also be confronted. In an era where patriarchy and mistreatment of women are being challenged, Kavanaugh is the wrong nominee for this important time. However, sexual assault should not be a distraction that keeps the the public’s focus off other issues raised by his career as a conservative political activist.

A demonstration against the Supreme Court nomination of Judge Brett M. Kavanaugh outside the Capitol this month. Credit Erin Schaff for The New York Times

The Security State, Mass Spying and Torture

A central issue of our era is the US security state — mass spying on emails, Internet activity, texts and phone calls. Judge Kavanaugh enabled invasive spying on everyone in the United States.  He described mass surveillance as “entirely consistent” with the US Constitution. This is a manipulation of the law as the Constitution plainly requires probable cause and a search warrant for the government to search an individual.

Kavanaugh explained in a decision, “In my view, that critical national security need outweighs the impact on privacy occasioned by this [NSA] program.” This low regard for protecting individual privacy should have been enough for a majority of the Senate to say this nominee is inappropriate for the court.

Kavanaugh ruled multiple times that police have the power to search people, emphasizing “reasonableness” as the standard for searching people. He ruled broadly for the police in searches conducted on the street without a warrant. He ruled in favor of broader use of drug testing of federal employees. Kavanaugh applauded Justice Rehnquist’s views on the Fourth Amendment, which favored police searches by defining probable cause in a flexible way and creating a broad exception for when the government has “special needs” to search without a warrant of probable cause. In this era of police abuse through stop and frisk, jump out squads and searches when driving (or walking or running) while black, Kavanaugh is the wrong nominee and should be disqualified.

Kavanaugh also played a role in the Bush torture policy. Torture is against US and international law, certainly facilitating torture should be disqualifying not only as a justice but should result in disbarment as a lawyer. Kavanaugh was appointed by President Trump, who once vowed he would “bring back waterboarding and … a hell of a lot worse than waterboarding.” Minimizing torture is demonstrated in his rulings; e.g., not protecting prisoners at risk of torture and not allowing people to sue the government on allegations of torture.

Torture is a landmine in the Senate, so Kavanaugh misled the Senate, likely committing perjury on torture.  In his 2006 confirmation, he said he was “not involved” in “questions about the rules governing detention of combatants.” Tens of thousands of documents have been kept secret by the White House about Kavanaugh from the Bush era. Even so, during these confirmation hearings documents related to the nomination of a lawyer involved in the torture program showed Kavanaugh’s role in torture policies leading Senator Dick Durbin to write:

It is clear now that not only did Judge Kavanaugh mislead me when it came to his involvement in the Bush Administration’s detention and interrogation policies, but also regarding his role in the controversial Haynes nomination.

Durbin spoke more broadly about perjury writing:

This is a theme that we see emerge with Judge Kavanaugh time and time again – he says one thing under oath, and then the documents tell a different story.  It is no wonder the White House and Senate Republicans are rushing through this nomination and hiding much of Judge Kavanaugh’s record—the questions about this nominee’s credibility are growing every day.

Perjury allegations should be investigated and if proven should result in him not being confirmed.

This should have been enough to stop the process until documents were released to reveal Kavanaugh’s role as Associate White House Counsel under George Bush from 2001 to 2003 and as his White House Staff Secretary from 2003 to 2006. Unfortunately, Democrats have been complicit in allowing torture as well; e.g., the Obama administration never prosecuted anyone accused of torture and advanced the careers of people involved in torture.

Shouldn’t  the risk of having a torture facilitator on the Supreme Court be enough to stop this nomination?

Protesters show there are a lot of reasons to reject Kavanaugh (Photo from NARAL Twitter)

Corporate Power vs Protecting People and the Planet

In this era of corporate power, Kavanaugh sides with the corporations. Ralph Nader describes him as a corporation masquerading as a judge.  He narrowly limited the powers of federal agencies to curtail corporate power and to protect the interests of the people and planet.

This is evident in cases where Kavanaugh has favored reducing restrictions on polluting corporations. He dissented in cases where the majority ruled in favor of environmental protection but has never dissented where the majority ruled against an environmental interest. He ruled against agencies seeking to protect clean air and water. If Kavanaugh is on the court, it will be much harder to hold corporations responsible for the damage they have done to the climate, the environment or health.

Kavanaugh takes the side of businesses over their workers with a long history of anti-union and anti-labor rulings. A few examples of many, he ruled in favor of the Trump Organization throwing out the results of a union election, sided with the management of Sheldon Adelson’s Venetian Casino Resort upholding the casino’s First Amendment right to summon police against workers engaged in a peaceful demonstration — for which they had a permit, affirmed the Department of Defense’s discretion to negate the collective bargaining rights of employees, and overturned an NLRB ruling that allowed Verizon workers to display pro-union signs on company property despite having given up the right to picket in their collective bargaining agreement. In this time of labor unrest and mistreatment of workers, Kavanaugh will be a detriment to workers rights.

Kavanough opposed the Federal Communications Commission (FCC) ruling in favor of net neutrality, which forbids telecom companies from discrimination on the Internet. He argued net neutrality violated the First Amendment rights of Internet Service Providers (ISP) and was beyond the power granted to the FCC. He put the rights of big corporations ahead of the people having a free and open Internet. The idea that an ISP has a right to control what it allows on the Internet could give corporations great control over what people see on the Internet. It is a very dangerous line of reasoning in this era of corporations curtailing news that challenges the mainstream narrative.

In 2016, Kavanaugh was asked if he believed that money spent during campaigns represents speech, and is protected by the First Amendment and answered: “Absolutely.”  Kavanaugh joined in decisions and wrote opinions consistent with efforts to oppose any attempt by Congress or the Federal Elections Commission to restrict campaign contributions or expenditures. His view that free speech allows unrestricted money in elections will add to the avalanche of big money politics. Wealthy elites and big corporations will have even greater influence with Kavanaugh on the court.

Kavanaugh will be friendly to powerful business and the interests of the wealthy on the Supreme Court, and will tend to stand in the way of efforts by administrative agencies to regulate them and by people seeking greater rights.

Kavanaugh protesters call for his rejection over sexual assault call to Believe Survivors (Photo by Carol Kaster Associated Press)

Women’s Rights, Abortion and Sexual Assault

Judge Kavanaugh has not ruled on Roe v. Wade and whether the constitution protects a woman’s right to have an abortion. In 2017, Kavanaugh gave a Constitution Day lecture to the conservative American Enterprise Institute where he praised Justice Rehnquist and one of the cases he focused on was his dissent in Roe. Rehnquist opposed making abortion constitutionally protected, writing, it was not “rooted in the traditions and conscience of our people.”  Shortly after that speech, Kavanaugh wrote a dissent that argued an immigrant minor in government detention did not have a right to obtain an abortion.

On the third day of his confirmation hearings, Judge Brett Kavanaugh seemed to refer to the use of contraception as “abortion-inducing drugs.” It was a discussion of a case where Kavanaugh dissented from the majority involving the Priests for Life’s challenge to the Affordable Care Act (ACA). Kavanaugh opposed the requirement that all health plans cover birth control, claiming that IUDs and emergency contraception were an infringement of their free exercise of religion.

Multiple accusers have come forward to allege Kavanaugh’s involvement in sexual assault and abuse. While Dr. Christine Blasey Ford is viewed as credible — she was the only witness allowed to testify — it is not clear these allegations will be thoroughly reviewed. After being approved by the committee, the Republican leadership and President Trump agreed on a limited FBI investigation. It is unclear whether the FBI will be allowed to follow all the evidence and question all the witnesses. As we write this newsletter, the outcome has yet to unfold. If there is corroborating evidence for the accusers, Kavanaugh should not be approved.

A Republican Political Operative As A Justice?

Kavanaugh has been a legal operative for the Republican Party involved in many high profile partisan legal battles. He spent three years working for Ken Starr on the impeachment of Bill Clinton where he pressed Starr to ask Clinton sexually graphic details about his relationship with Monica Lewinisky. He tried to expand the Starr investigation into the death of Vince Foster, whose death had been ruled a suicide. He was a lead author of the infamous Starr Report—widely criticized as “strain[ing] credulity” and being based on “shaky allegations.”

Kavanaugh was one of George W. Bush’s lawyers in the litigation after the election in 2000, which sought to block a recount of ballots in Florida, resulting in a decision that handed the presidential election to Bush. In the Bush administration, he was involved in pushing for conservative judges as well as controversial policies like torture.

During his confirmation process, in response to the accusations of assault, he claimed they were “a calculated and orchestrated political hit” and “revenge on behalf of the Clinton’s.” He demonstrated partisan anger and displayed a lack of judicial temperament, making him unfit to serve on the Supreme Court.

Kavanaugh exposes the true partisan nature of the highest court, which is not a neutral arbiter but another battleground for partisan politics. The lack of debate on issues of spying, torture and more shows both parties support a court that protects the security state and corporate interests over people and planet. Accusations of sexual assault must be confronted, but there are many reasons Kavanaugh should not be on the court. The confirmation process undermines the court’s legitimacy and highlights bi-partisan corruption.