Tag: Chris Hedges

In May of 2011, Pulitzer prize winning author, Chris Hedges and several other prominent activists and politicians filed a lawsuit against the Obama administration  over Section 1021 of the National Defense Authorization Act (NDAA) alleging that it violated free speech and associational rights guaranteed by the First Amendment and due process rights guaranteed by the Fifth Amendment of the United States Constitution.

Hedges asserted that section 1021 (pdf) of the bill, which authorized indefinite military detention for “a person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces,” left him, as a working journalist, vulnerable to indefinite detention because neither Congress nor the president defined the terms “substantial support,” “associated forces” or “directly supported.” [Emphasis added.]

In a landmark ruling last September, Judge Katherine Forrest of the Southern District of New York struck down the indefinite detention provision, saying it likely violates the First and Fifth Amendments of U.S. citizens. The Obama administration appealed. The arguments for that appeal will be heard today, Wednesday, February 6.

One of the seven plaintiffs, Pentagon Papers whistleblower, Daniel Ellsberg joined Amy Goodman and Nermeen Shaikh on Democracy Now! to discuss the case.

Shortly after President Barack Obama signed the National Defense Authorization Act on December 21, 2011 a group of journalists and activist joined Pulitzer Prize-winning war correspondent Chris Hedges in a lawsuit against the Obama administration asserting that the law violated free speech and associational rights guaranteed by the First Amendment and due process rights guaranteed by the Fifth Amendment of the United States Constitution. In September U.S. District Judge Katherine Forrest had blocked the disputed statute from the National Defense Authorization Act, essentially declaring it unconstitutional. That ruling was overturned in October by a three-judge panel of the 2nd U.S. Circuit Court of Appeals. It is worth noting that all of those judges were appointed by Barack Obama.

But who would have thought that Hedges and company would have an ally  in Senators Rand Paul (R-KY) and Dianne Feinstein (D-CA) who along with several other senators from both sides of the aisle, filed an amendment to the current military spending bill that would bar detentions of citizens and green card-holders:

Sen. Dianne Feinstein (D-Calif.), who helped write that amendment, declared Wednesday that it is not good enough, and recalled seeing Japanese Americans jailed in horse stalls at a racetrack when she was a girl.

“I believe that the time has come now to end this legal ambiguity, and state clearly, once and for all, that the AUMF or other authorities do not authorize such indefinite detention of Americans apprehended in the U.S.,” Feinstein said.

“The federal government experimented with indefinite detention of U.S. citizens during World War II, a mistake we now recognize as a betrayal of our core values,” she said. “Let’s not repeat it.” [..]

Paul, who adheres to many libertarian positions, noted that the federal government’s “fusion centers” — which are supposed to facilitate the flow of anti-terrorism information — already make recommendations that many people would find objectionable, and if carried to their logical conclusions, could provide basis for jailing just about anyone.

Paul pointed to a report from a center in Missouri: “From this fusion center comes a document that says beware of people who have bumper stickers supporting third party candidates,” Paul said. “Beware of people who believe in stricter immigration laws. Beware of people who support the right to life. They might be terrorists.

“This is an official document,” paul added. “Do we want to give up the right to trial by jury when we’re being told that somebody who keeps food in their basement might be a terrorist?”

The problem that many opponents of the indefinite detention provisions see with it is that it is especially vague, saying only that the military can grab anyone who provides “substantial support” to Al Qaeda or “associated forces.” Those terms are not defined by the law, which is being challenged in the federal courts.

Although President Obama signed the bill he had promised that he would never use it who is to say that he won’t change his mind or another president will use it to silence dissent. Considering the number of promises this president has already broken and his close friendship with Cass Sunstein, who would love nothing more that to criminalize decent, the senate needs to approve this amendment to protect the our constitutional rights.

We have other choices this Election Day. This is Chris Hedges’ choice and his rational explanation why he is not voting for either Obama or Romney.

The November election is not a battle between Republicans and Democrats. It is not a battle between Barack Obama and Mitt Romney. It is a battle between the corporate state and us. And if we do not immediately engage in this battle we are finished, as climate scientists have made clear. I will defy corporate power in small and large ways. I will invest my energy now solely in acts of resistance, in civil disobedience and in defiance. Those who rebel are our only hope. And for this reason I will vote next month for Jill Stein, the Green Party candidate, although I could as easily vote for Rocky Anderson of the Justice Party. I will step outside the system. Voting for the “lesser evil”-or failing to vote at all-is part of the corporate agenda to crush what is left of our anemic democracy. And those who continue to participate in the vaudeville of a two-party process, who refuse to confront in every way possible the structures of corporate power, assure our mutual destruction.

All the major correctives to American democracy have come through movements and third parties that have operated outside the mainstream. Few achieved formal positions of power. These movements built enough momentum and popular support, always in the face of fierce opposition, to force the power elite to respond to their concerns. Such developments, along with the courage to defy the political charade in the voting booth, offer the only hope of saving us from Wall Street predators, the assault on the ecosystem by the fossil fuel industry, the rise of the security and surveillance state and the dramatic erosion of our civil liberties. [..]

The flimsy excuses used by liberals and progressives to support Obama, including the argument that we can’t let Romney appoint the next Supreme Court justices, ignore the imperative of building a movement as fast and as radical as possible as a counterweight to corporate power. The Supreme Court, no matter what its composition, will not save us from financial implosion and climate collapse. And Obama, whatever his proclivity on social issues, has provided ample evidence that he will not alter his servitude to the corporate state. For example, he has refused to provide assurance that he will not make cuts in basic social infrastructures. He has proposed raising the eligibility age for Medicare, a move that would leave millions without adequate health care in retirement. He has said he will reduce the cost-of-living adjustment for Social Security, thrusting vast numbers of seniors into poverty. Progressives’ call to vote for independents in “safe” states where it is certain the Democrats will win will do nothing to mitigate fossil fuel’s ravaging of the ecosystem, regulate and prosecute Wall Street or return to us our civil liberties.

“There is no state out there where either Obama or Romney offers a way out of here alive,” Stein said. “It’s up to us to create truly safe states, a safe nation, and a safe planet. Neither Obama nor Romney has a single exit strategy from the deadly crises we face.”

I learned at the age of 10, when I was shipped off to a New England boarding school where the hazing of younger boys was the principal form of recreation, that those who hunger for power are psychopathic bastards. The bullies in the forms above me, the sadistic masters on our dormitory floors, the deans and the headmaster would morph in later life into bishops, newspaper editors, college presidents, politicians, heads of state, business titans and generals. Those who revel in the ability to manipulate and destroy are demented and deformed individuals. These severely diminished and stunted human beings-think Bill and Hillary Clinton-shower themselves, courtesy of elaborate public relations campaigns and an obsequious press, with encomiums of piety, patriotism, devoted public service, honor, courage and vision, not to mention a lot of money. They are at best mediocrities and usually venal. I have met enough of them to know.

So it is with some morbid fascination that I watch Barack Obama, who has become the prime “dominatrix” of the liberal class, force us in this election to plead for more humiliation and abuse. Obama has carried out a far more egregious assault on our civil liberties, including signing into law Section 1021(b)(2) of the National Defense Authorization Act (NDAA), than George W. Bush. Section 1021(b)(2), which I challenged in federal court, permits the U.S. military to detain U.S. citizens, strip them of due process and hold them indefinitely in military facilities. U.S. District Judge Katherine B. Forrest struck down the law in September. The Obama administration immediately appealed the decision. The NDAA has been accompanied by use of the Espionage Act, which Obama has turned to six times in silencing whistle-blowers. Obama supported the FISA Amendment Act so government could spy on tens of millions of us without warrants. He has drawn up kill lists to exterminate those, even U.S. citizens, deemed by the ruling elite to be terrorists. [..]

The only recognizable basis for moral and political authority, in the eyes of the elite, is the attainment of material success and power. It does not matter how it is gotten. The role of education, the elites believe, is to train us vocationally for our allotted positions and assure proper deference to the wealthy. Disciplines that prod us to think are-and the sneering elites are not wrong about this-“political,” “leftist,” “liberal” or “subversive.” And schools and universities across the country are effectively stomping out these disciplines. The elites know, as Canetti wrote, that once we stop thinking we become a herd. We react to every new stimulus as if we were rats crammed into a cage. When the elites push the button we jump. It is collective sadomasochism. And we will get a good look at it on Election Day.

Where do the abuses of the last decade from Bush and Obama rank when compared to prior assaults in the name of war?

The following interesting question arose yesterday from what at first appeared to be some petty Twitter bickering: who was the worst president for civil liberties in US history? That question is a difficult one to answer because it is so reliant upon which of many valid standards of measurement one chooses; it depends at least as much on the specific rights which one understands the phrase “civil liberties” to encompass. That makes the question irresolvable in any definitive way, but its examination is nonetheless valuable for the light it sheds on current political disputes.

It’s worthwhile first to set forth the context in which the question arose. At their Lawfare blog, Ritika Singh and Benjamin Wittes posted an excerpt of an essay they wrote for a new book on the War of 1812; their essay pertains to the impact of that war on civil liberties and executive power. The two Brookings writers note that despite intense domestic opposition to the war, President Madison “eschewed the authority to detain American citizens in military custody or try them in military tribunals, and more generally, declined to undertake the sorts of executive overreaches we have come to expect – and even encourage – from our presidents in war.” [..]

But in terms of the role played by war in enabling civil liberties assaults, at least the exploited wars are usually real. In the case of the “War on Terror”, it is far more illusory and frivolous than real. That – along with their permanence – is a major factor in determining where the civil liberties erosions of the last decade, and the presidents responsible for them, rank in history.

The “Good Guys” won one.

Back in January of this year Chris Hedges, Pulitzer Prize-winning war correspondent Chris Hedges, became the lead complainant in a law suit against the Obama administration after President Obama signed the National Defense Authorization Act on December 21, 2011:

Hedges asserted that section 1021 (pdf) of the bill, which authorized indefinite military detention for “a person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces,” left him, as a working journalist, vulnerable to indefinite detention because neither Congress nor the president defined the terms “substantial support,” “associated forces” or “directly supported.” [Emphasis added.]

After several hearings on the whether or not the plaintiffs had standing,on May 16, US District Court Judge for the Southern District of New York Katherine B. Forrest issued a preliminary injunction enjoining the enforcement of 1021. On September 12, Judge Forrest made that injunction permanent

Wednesday’s 112-page opinion turns the temporary injunction of May into a permanent injunction. The United States appealed on August 6.

The permanent injunction prevents the U.S. government from enforcing a portion of Section 1021 of the National Defense Authorization Act’s “Homeland Battlefield” provisions. [..]

“This court does not disagree with the principle that the president has primacy in foreign affairs,” the judge said, but that she was not convinced by government arguments.

“The government has not stated that such conduct – which, by analogy, covers any writing, journalistic and associational activities that involve al Qaeda, the Taliban or whomever is deemed “associated forces” – does not fall within § 1021(b)(2).”

This ruling of course will be appealed. In the meantime, journalists, reporters, humanitarian aid workers are still protected by the Constitution. We owe a hearty “thank you” to Judge Forrest for not abdicating her judicial responsibilities. But most of all the Chris Hedges and the other six members of the “Freedom 7“: Pentagon Papers journalist Daniel Ellsberg; author Noam Chomsky; Icelandic parliamentarian Birgitta Jonsdottir; Occupy London activist Kai Wargalla; activist Alexa O’Brien, who believes she lost her day job because of McCarthyite suggestions her work with Occupy Wall Street/Day of Rage was somehow connected to Islamic radicals; and Jennifer “Tangerine” Bolen is the founder and Executive Director of RevolutionTruth.

Earlier this year Pulitzer prize winning author, Chris Hedges and several other prominent activists and politicians filed a lawsuit against the Obama administration  over Section 1021 of the National Defense Authorization Act (NDAA) alleging that it violated free speech and associational rights guaranteed by the First Amendment and due process rights guaranteed by the Fifth Amendment of the United States Constitution. The Obama DOJ argued that the group had no standing to bring the suit since they had been harmed. Federal Judge  Katherine Forrest of the Southern District of New York saw it differently in her ruling (pdf)on May 16 when she issued a preliminary injunction enjoining enforcement of the highly controversial indefinite provisions of NDAA, Sections 1021 and 1022. The final hearings were held last week on whether the injunction enjoining enforcement of 1021 will be permanent.

From Chris Hedges on Criminalizing Dissent:

[..] Any activist or dissident, whose rights were once protected under the First Amendment, can be threatened under this law with indefinite incarceration in military prisons, including our offshore penal colonies. The very name of the law itself-the Homeland Battlefield Bill-suggests the totalitarian credo of endless war waged against enemies within “the homeland” as well as those abroad. [..]

Barack Obama’s administration has appealed Judge Forrest’s temporary injunction and would certainly appeal a permanent injunction. It is a stunning admission by this president that he will do nothing to protect our constitutional rights. The administration’s added failure to restore habeas corpus, its use of the Espionage Act six times to silence government whistle-blowers, its support of the FISA Amendment Act-which permits warrantless wiretapping, monitoring and eavesdropping on U.S. citizens-and its ordering of the assassination of U.S. citizens under the 2001 Authorization to Use Military Force, or AUMF, is a signal that for all his rhetoric, Obama, like his Republican rivals, is determined to remove every impediment to the unchecked power of the security and surveillance state. [..]

The language of the bill is terrifyingly vague. It defines a “covered person”-one subject to detention-as “a person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.” The bill, however, does not define the terms “substantially supported,” “directly supported” or “associated forces.” In defiance of more than 200 earlier laws of domestic policing, this act holds that any member of a group deemed by the state to be a terrorist organization, whether it is a Palestinian charity or a Black Bloc anarchist unit, can be seized and held by the military. Mayer stressed this point in the court Wednesday when he cited the sedition convictions of peace activists during World War I who distributed leaflets calling to end the war by halting the manufacturing of munitions. Mayer quoted Justice Oliver Wendell Holmes’ dissenting 1919 opinion. We need to “be eternally vigilant against attempts to check the expression of opinions that we loathe,” the justice wrote. [..]

The Justice Department’s definition of a potential terrorism suspect under the Patriot Act is already extremely broad. It includes anyone with missing fingers, someone who has weatherproof ammunition and guns, and anyone who has hoarded more than seven days of food. [..]

Contrast this crucial debate in a federal court with the empty campaign rhetoric and chatter that saturate the airwaves. The cant of our political theater, the ridiculous obsessions over vice presidential picks or celebrity gossip that dominate the news industry, effectively masks the march toward corporate totalitarianism. The corporate state has convinced the masses, in essence, to clamor for their own enslavement. There is, in reality, no daylight between Mitt Romney and Obama about the inner workings of the corporate state. They each support this section within the NDAA and the widespread extinguishing of civil liberties. They each will continue to funnel hundreds of billions of wasted dollars to defense contractors, intelligence agencies and the military. They each intend to let Wall Street loot the U.S. Treasury with impunity. Neither will lift a finger to help the long-term unemployed and underemployed, those losing their homes to foreclosures or bank repossessions, those filing for bankruptcy because of medical bills or college students burdened by crippling debt. Listen to the anguished cries of partisans on either side of the election divide and you would think this was a battle between the forces of light and the forces of darkness. You would think voting in the rigged political theater of the corporate state actually makes a difference. The charade of junk politics is there not to offer a choice but to divert the crowd while our corporate masters move relentlessly forward, unimpeded by either party, to turn all dissent into a crime.

Not that there is any solace in the argument of voting for Obama to protect the Supreme Court from more corporatist right wing appointments, when Pres. Obama has his good friend and mentor Cass Sunstein waiting in the wings, salivating to further gut and criminalize dissent.

But thank you, Judge Forrest.

How to Think

by Chris Hedges

Cultures that endure carve out a protected space for those who question and challenge national myths. Artists, writers, poets, activists, journalists, philosophers, dancers, musicians, actors, directors and renegades must be tolerated if a culture is to be pulled back from disaster. Members of this intellectual and artistic class, who are usually not welcome in the stultifying halls of academia where mediocrity is triumphant, serve as prophets. They are dismissed, or labeled by the power elites as subversive, because they do not embrace collective self-worship. They force us to confront unexamined assumptions, ones that, if not challenged, lead to destruction. They expose the ruling elites as hollow and corrupt. They articulate the senselessness of a system built on the ideology of endless growth, ceaseless exploitation and constant expansion. They warn us about the poison of careerism and the futility of the search for happiness in the accumulation of wealth. They make us face ourselves, from the bitter reality of slavery and Jim Crow to the genocidal slaughter of Native Americans to the repression of working-class movements to the atrocities carried out in imperial wars to the assault on the ecosystem. They make us unsure of our virtue. They challenge the easy clichés we use to describe the nation-the land of the free, the greatest country on earth, the beacon of liberty-to expose our darkness, crimes and ignorance. They offer the possibility of a life of meaning and the capacity for transformation. [..]

We march collectively toward self-annihilation. Corporate capitalism, if left unchecked, will kill us. Yet we refuse, because we cannot think and no longer listen to those who do think, to see what is about to happen to us. We have created entertaining mechanisms to obscure and silence the harsh truths, from climate change to the collapse of globalization to our enslavement to corporate power, that will mean our self-destruction. If we can do nothing else we must, even as individuals, nurture the private dialogue and the solitude that make thought possible. It is better to be an outcast, a stranger in one’s own country, than an outcast from one’s self. It is better to see what is about to befall us and to resist than to retreat into the fantasies embraced by a nation of the blind.

If the only real achievement of Barack Obama’s presidency is to have opened the eyes of Americans to the depth of the corruption and control of the elites, then he will have achieved more than I expected.

This past week, several stories appeared which indicate the degree to which true investigative reporting about US efforts in the Global War on Terror is at odds with the desires of the Obama administration and the lengths to which the administration will go to create their preferred narrative and suppress reporting that fails to fit.  At the same time, the President and other administration officials have made public statements, unsupported by documentation, that they refuse for alleged “national security reasons” to release to the ACLU and journalists.

This diary will continue some of the themes developed in a previous diary, President Obama’s Propaganda Wars regarding the Obama administration’s attempts to “dominate the information spectrum.”

The stories this week suggest that sometimes in the Global War on Terror, it’s a matter of getting the images correct.  If the action is popular, we get, “Engaged-Commander-in-Chief-sweating-the-details Obama.”  If the action is controversial, or perhaps questionably legal, we get “Spectator Obama,” watching the action from the stands along with everybody else.

There is no danger that the protesters who have occupied squares, parks and plazas across the nation in defiance of the corporate state will be co-opted by the Democratic Party or groups like MoveOn. The faux liberal reformers, whose abject failure to stand up for the rights of the poor and the working class, have signed on to this movement because they fear becoming irrelevant. Union leaders, who pull down salaries five times that of the rank and file as they bargain away rights and benefits, know the foundations are shaking. So do Democratic politicians from Barack Obama to Nancy Pelosi. So do the array of “liberal” groups and institutions, including the press, that have worked to funnel discontented voters back into the swamp of electoral politics and mocked those who called for profound structural reform.

Resistance, real resistance, to the corporate state was displayed when a couple of thousand protesters, clutching mops and brooms, early Friday morning forced the owners of Zuccotti Park and the New York City police to back down from a proposed attempt to expel them in order to “clean” the premises. These protesters in that one glorious moment did what the traditional “liberal” establishment has steadily refused to do-fight back. And it was deeply moving to watch the corporate rats scamper back to their holes on Wall Street. It lent a whole new meaning to the phrase “too big to fail.”

[]

What took place early Friday morning in Zuccotti Park was the first salvo in a long struggle for justice. It signaled a step backward by the corporate state in the face of popular pressure. And it was carried out by ordinary men and women who sleep at night on concrete, get soaked in rainstorms, eat donated food and have nothing as weapons but their dignity, resilience and courage. It is they, and they alone, who hold out the possibility of salvation. And if we join them we might have a chance.

Pulitzer Prize winner Chris Hedges column appears Mondays on Truthdig.

The other day, on April 15, veteran journalist, war correspondent and truthdig.com columnist Chris Hedges was interviewed on RT News about the state of American society, repeating his oft stated warnings about the long corporate assault on and takeover of politics, the seeming death of reason and critical thinking in public discourse, and the development of a feudalistic “totalitarian democracy” in which the vast majority of the population is reduced through a media manufactured state of ignorance, inability to think clearly, and entertainment dazed complacence to a state of serfdom as a renewable ‘resource’ for a capitalism defined by American and multinational big business, and critiquing from this perspective the US budget developments of the past few days.

The budget is closing American schools and libraries across the country while firing teachers and taking away collective bargaining rights, Hedges notes, while banks and the largest corporations are not paying any taxes, including Bank of America, Exxon Mobil, and GE. Protesters gathered on Saturday April 17 at New York City’s Union Square for the Sound of Resistance protests, part of the US Uncut tax weekend protests challenging the banks, most notably Bank of America, for avoiding paying taxes.

usuncut.org’s about page states that:

US Uncut is a grassroots movement taking direct action against corporate tax cheats and unnecessary and unfair public service cuts across the U.S. Washington’s proposed budget for the coming year sends a clear message: The wrath of budget cuts will fall upon the shoulders of hard-working Americans. That’s unacceptable.

Obama seeks to trim $1.1 trillion from the budget in the next ten years by cutting or eliminating over 200 federal programs, many dedicated to social services and education. For instance, it cuts in half funding to subsidize heating for low-income Americans; limits an expansion of the Pell grant program for students; and decreases Environmental Protection Agency funding by over 12%.

Meanwhile, Republicans are using their new House majority to slash spending even more brutally. The GOP has made it clear that they are bent on raiding funds for Social Security, Medicare, education; determined to kill health care reform; and gut needed investments in infrastructure, climate change and job creation, at a time when America needs it most.

These cuts will come on top of very painful austerity measures made at the state-level across our nation–worth hundreds of billions–since the recession began.

In short, budget cuts demonstrate that Washington has abandoned ordinary Americans.

What is making the situation worse is the ignorance of politicians and others leaping around he fringes. Hedges also reminds that the US is the only industrialized nation in the world that argues over the existence of evolution. Magical thinking, combined with a military superpower, is frightening, he says. “We invest emotional energy on the ridiculous and the sublime… the liberal class has been decimated… what used to be unconstitutional is now legal“, he says, pointing to illegal searches under the Patriot Act and corporate bailouts under the health care legislation. The rights and needs of citizens are being ignored in favor of corporations.

Whither America?

While all across the blogosphere and in mainstream media I watch people argue about which faction of the ‘corporatist party’ to elect in 2012, I’m reminded strongly here of something Chris Floyd wrote nearly four years ago, in September 2007: