Continued Injuries and Usurpations.

Recent dismal developments on the War on Terror/Civil Liberties Front:

(1) “The court found Poland violated its obligations under the European Convention on Human Rights to prevent torture, ensure the right to liberty, and properly investigate allegations a crime had been committed on its territory.”

The European Court of Human Rights finds that Poland harbored one of the CIA’s infamous black sites — perhaps this is one of the old Soviet compounds? “[S]imilar cases have been lodged with the court in Strasbourg against Romania and Lithuania.”

(2) “The five Americans whose email accounts were monitored by the NSA and FBI have all led highly public, outwardly exemplary lives. All five vehemently deny any involvement in terrorism or espionage, and none advocates violent jihad or is known to have been implicated in any crime, despite years of intense scrutiny by the government and the press.”

Paging J. Edgar: The Intercept’s Glenn Greenwald and Murtaza Hussain, with help from Edward Snowden, uncover NSA and FBI surveillance of prominent, upstanding Muslim-Americans. “In one 2005 document, intelligence community personnel are instructed how to properly format internal memos to justify FISA surveillance. In the place where the target’s real name would go, the memo offers a fake name as a placeholder: ‘Mohammed Raghead.'”

(3) “Emblazoned with the crests of 19 agencies, it offers the most complete and revealing look into the secret history of the government’s terror list policies to date. It reveals a confounding and convoluted system filled with exceptions to its own rules, and it relies on the elastic concept of ‘reasonable suspicion’ as a standard for determining whether someone is a possible threat…individuals can be watchlisted if they are suspected of being a suspected terrorist, or if they are suspected of associating with people who are suspected of terrorism activity.”

Also in The Intercept, Jeremy Scahill and Ryan Devereaux explain the absurdly broad net that is the terrorist watchlist. “There are a number of loopholes for putting people onto the watchlists even if reasonable suspicion cannot be met.”

(4) “Nearly all of the highest-profile domestic terrorism plots in the United States since 9/11 featured the ‘direct involvement’ of government agents or informants, a new report says…rais[ing] questions about the US criminal justice system’s ability to respect civil rights and due process in post-9/11 terrorism cases.”

And in The Guardian, Spencer Ackerman expounds on the FBI’s apparent excessive leaning on entrapment to conjure up terror cases. “‘In some cases the FBI may have created terrorists out of law-abiding individuals by suggesting the idea of taking terrorist action or encouraging the target to act,’ the report alleges.”

Torture, rendition, secret prisons, spying on Americans, surveillance policies that are obviously, woefully ripe for abuse…We are six and a half years into the administration of a president who promised us definitively this nonsense would end. And yet, virtually every day, we hear of a new outrage, and the only official response seems to be Lock Up the Messenger. So when are we going to get an accountability moment here?

Running Right on NatSec Again.

“I think turning over a lot of that material—intentionally or unintentionally—drained, gave all kinds of information, not only to big countries, but to networks and terrorist groups and the like. So I have a hard time thinking that somebody who is a champion of privacy and liberty has taken refuge in Russia, under Putin’s authority.”

Not that our next president and erstwhile progressive standard-bearer seems any better: Hillary Clinton insinuates Edward Snowden is up to no good. ‘When he emerged and when he absconded with all that material, I was puzzled because we have all these protections for whistle-blowers. If he were concerned and wanted to be part of the American debate, he could have been,’ she said.”

Yeah, ’cause that worked out great for Chelsea Manning. C’mon. Also, if it were me, and “Pentagon officials” were openly fantasizing about putting a bullet in my head, I’d probably skip town for awhile too.

But We Didn’t.

“Barack Obama has now been in power for longer than Johnson was, and the question remains: ‘What the hell’s his presidency for?’ His second term has been characterised by a profound sense of drift in principle and policy. While posing as the ally of the immigrant he is deporting people at a faster clip than any of his predecessors; while claiming to be a supporter of labour he’s championing trade deals that will undercut American jobs and wages. In December, even as he pursued one whistleblower, Edward Snowden and kept another, Chelsea Manning, incarcerated, he told the crowd at Nelson Mandela’s funeral: ‘There are too many leaders who claim solidarity with Madiba’s struggle for freedom, but do not tolerate dissent from their own people.'”

In The Guardian, Gary Younge laments anew the missed opportunities of Barack Obama’s presidency. “If there was a plot, he’s lost it. If there was a point, few can remember it. If he had a big idea, he shrank it. If there’s a moral compass powerful enough to guide such contradictions to more consistent waters, it is in urgent need of being reset.”

Sigh. If anything, this was all true of the first term too. As John Maynard Keynes said of another ostensibly progressive president a century ago, “[t]he disillusion was so complete that some of those who had trusted most hardly dared speak of it.”

Wilentz Remains a Hack. | Snowden’s Body.

“Long time readers of Sean Wilentz will remember him for greatest hits like his notorious piece on…[Obama in 2008 being] ‘the most outrageous deployment of racial politics since the Willie Horton ad campaign in 1988‘…[This article,] perhaps the purest exercise in even-the-liberal-New Republic-ism that the magazine has published since its change in ownership…[is] so obviously intellectually shoddy and incoherently argued that you’d have thought that any half-way competent editor would have decided that no amount of contrarianism was worth the damage to the magazine’s brand.”

Doing the world a great service, Crooked Timber thoroughly and quite rightly eviscerates historian Sean Wilentz – being hackish again — for his comically terrible TNR expose of Edward Snowden, Julian Assange, and Glenn Greenwald, as if their opinions on other matters, or Greenwald’s propensity for scorched-earth arguing, had anything to do with the legality, constitutionality, or desirability of the surveillance state.

“This paragraph is the cornerstone of the big, teetering edifice that Wilentz is trying to construct. And it’s made out of straw and horseshit…It’s shoddy hackwork, a kind of underpants gnome reasoning…It’s sad to see someone who considers himself (and is considered by many of his colleagues) to be a serious historian shoveling this kind of tripe in public; it’s the sort of thing that gives public intellectualism a bad name.” (Photo via here.)

Along similar lines, also worth noting in this arena is the recent anonymously-sourced statements of senior defense officials about Edward Snowden. “I would love to put a bullet in his head,” one Pentagon official, a former special forces officer said bluntly…'[H]e is single-handedly the greatest traitor in American history.’…’His name is cursed every day over here,’ a defense contractor told BuzzFeed, speaking from an overseas intelligence collections base. ‘Most everyone I talk to says he needs to be tried and hung, forget the trial and just hang him.'” And that sort of semi-official fantasizing about murder by DoD brass is exactly why these assholes have to be reined in.

The End of Easy Hypocrisy?

“The deeper threat that leakers such as Manning and Snowden pose is more subtle than a direct assault on U.S. national security: they undermine Washington’s ability to act hypocritically and get away with it. Their danger lies not in the new information that they reveal but in the documented confirmation they provide of what the United States is actually doing and why. When these deeds turn out to clash with the government’s public rhetoric, as they so often do, it becomes harder for U.S. allies to overlook Washington’s covert behavior and easier for U.S. adversaries to justify their own.”

In Foreign Affairs, Henry Farrell and Martha Finnemore argue that, as a result of whistleblowing, the US is “no longer able to rely on easy hypocrisy“ in our foreign policy. “Secrecy can be defended as a policy in a democracy. Blatant hypocrisy is a tougher sell. Voters accept that they cannot know everything that their government does, but they do not like being lied to.”

Note: The link is behind a paywall, but Digby has an excerpt and thoughts up, as does Farrell in the Washington Post. This also reminds me of Neal Stephenson’s Neo-Victorians in The Diamond Age, which I presume is the tack a defender of our obvious diplomatic double-standards would take: “That we occasionally violate our own stated moral code…does not imply that we are insincere in espousing that code.”

Manning Down.

“The ‘aiding the enemy; charge was so preposterous on its face, and so evil in its intent, that it tended to obscure how contrary to acceptable American jurisprudence the entire situation — from his detention to his trial — regarding Bradley Manning was. But it was in that charge that this administration — this Democratic administration, headed by a former professor of constitutional law — demonstrated its willingness, if not its eagerness — to elevate information into a tin god to whom we are all suppliants, and against whom we have no civil rights worthy of the name.”

As the Bradley Manning trial moves to sentencing — I wrote about the case here in March — Esquire’s Charlie Pierce wonders again how we got so far down the rabbit hole. Honestly, we should have a pretty good sense, at this late date, that prosecuting anyone under the godforsaken Espionage Act is generally a terrible idea.

Referring to the most venomous of the charges, which Manning thankfully escaped — that he was willfully “aiding the Enemy” by blowing the whistle on Army misdeeds — Pierce writes: “That anyone in this government thought this is a good idea is something worth studying. Manning’s going to go to jail from now until Christ alone knows when. The people who thought this up are still going to have good government jobs. Something’s not right with that.” Amen.

Snowden’s Secret.

“‘I don’t see myself as a hero,’ he said, ‘because what I’m doing is self-interested: I don’t want to live in a world where there’s no privacy and therefore no room for intellectual exploration and creativity.'”

Breaking everywhere the past week: 29-year-old former CIA IT guy and defense contractor Edward Snowden reveals to Glenn Greenwald that the NSA has been indiscriminately collecting everyone’s phone records and gouging into the data networks of Apple, Google, Facebook, and other mainstays of today’s social media. “The Prism program allows the NSA, the world’s largest surveillance organisation, to obtain targeted communications without having to request them from the service providers and without having to obtain individual court orders.”

Sadly, this isn’t all that surprising. There have been intimations that the NSA has been up to no good — even beyond the warrantless wiretap fiasco under Dubya — since that weird visit to John Ashcroft’s hospital bed. Nor, sadly, is it all that surprising that — despite saying exactly the opposite in 2007 — our current President is both fine with these surveillance practices and authorizing them. (And at least from my perspective, the idea that getting the rubber stamp approval of a secret FISA court that never says no makes it all ok does not hold water.)

This is exactly what I was talking about last update. Obama acts tortured about continuing all of Dubya’s most terrible civil liberties violations, but then goes ahead and does them anyway. For Crom’s sake, he’s even picked James Comey, the guy who approved warrantless wiretaps back in 2006, to be the new FBI chief. And because this president and this administration is so brazenly two-faced about their anti-terror policies, you end up with disturbing polls like this:

Speaking of which, at the very least these revelations of blatant NSA overreach have had the healthy effect of exposing which alleged lefties out there walk the walk.

For example, in the Senate: On one hand, we have Ron Wyden, Mo Udall, and Jeff Merkley calling out Obama for continuing with this extra-legal, ginormous-net approach to surveillance. “‘As far as we can see, all of the useful information that it has provided appears to have also been available through other collection methods that do not violate the privacy of law-abiding Americans in the way that the Patriot Act collection does,’ Udall and Wyden said.”

On the other hand, here’s ostensibly Democrat Dianne Feinstein yesterday going full Body Snatcher about Snowden: “‘I don’t look at this as being a whistle-blower,’ Sen. Dianne Feinstein (D-Calf.) said. ‘I think it’s an act of treason.‘” (FWIW, John Boehner and Lindsey Graham were right there with her.) Of course, it’s never “treason” when Feinstein continually does it, and, in any case, this wasn’t breaking news either: The senior Senator from California has long been a quintessential “symbol of the worthless Beltway Democrat.”

This revealing breeze stirred by the NSA revelations is coursing through media outlets too. On one hand, Slate‘s Fred Kaplan has — quite correctly — called for James Clapper’s resignation, given that he flat-out lied to Congress: “We as a nation are being asked to let the National Security Agency continue doing the intrusive things it’s been doing on the premise that congressional oversight will rein in abuses. But it’s hard to have meaningful oversight when an official in charge of the program lies so blatantly in one of the rare open hearings on the subject.” Spot on.

Meanwhile, TPM’s Josh Marshall, who likes to pretend his blog is a font of independent thinking, hems and haws about it all in classic pusillanimous Village-think fashion, all the while making sure never to say anything that might harm his establishment respectability. “I’ve made clear that I don’t see Manning as a hero or a whistleblower or really anything positive at all…Pretty early I realized that to his supporters Manning was a whistleblower who was being persecuted by the government, almost like a political prisoner or prisoner of conscience.” No, Josh, it doesn’t “seem” that way “to his supporters” — That is in fact what is %#%@ happening.

In any case, so as not to fall into the same trap, I’ll just say it outright: First, if Snowden and Manning are traitors, then so is Daniel Ellsberg and so, for that matter, is Dianne Feinstein and any other politician or government official who leaks when it’s convenient. (Also, sorry, folks. there is no substantive difference between revealing secrets to the criminal Julian Assange or to the venerable Bob Woodward. But please do let me know when Richard Armitage is put in a sweatbox for 23 hours a day.)

Second, this vast surveillance apparatus NSA has been constructing is both obviously overkill and clearly legally and constitutionally repugnant, and if this president lived up to even half the rhetoric he continually espoused before he was elected, he would have ended it years ago. Quite frankly, the doubletalk from him, and from so many other Democrats about these revelations so far, is both inexcusable and out-and-out pathetic.

Hounding Private Manning.

“I hoped that the public would be as alarmed as me about the conduct of the aerial weapons team crew members. I wanted the American public to know that not everyone in Iraq and Afghanistan are targets that needed to be neutralized, but rather people who were struggling to live in the pressure cooker environment of what we call asymmetric warfare. After the release I was encouraged by the response in the media and general public, who observed the aerial weapons team video. As I hoped, others were just as troubled– if not more troubled that me by what they saw.”

While pleading guilty to 10 of the 22 charges against him, Bradley Manning makes a long and detailed statement about why he gave classified documents to Wikileaks. “The more I read the cables, the more I came to the conclusion that this was the type of information that– that this type of information should become public. I once read a, and used, a quote on open diplomacy written after the First World War and how the world would be a better place if states would avoid making secret pacts and deals with and against each other.”

See also this on Gitmo: “[T]he more I became educated on the topic, it seemed that we found ourselves holding an increasing number of individuals indefinitely that we believed or knew to be innocent, low level foot soldiers that did not have useful intelligence and would be released if they were still held in theater.”

I’m with Glenn Greenwald on this – Bradley Manning should be considered a hero, the Daniel Ellsberg of our day, and the real crime here is how terribly he’s been treated by the powers-that-be for a justifiable act of whistle-blowing. “He knew exactly what he was risking, what he was likely subjecting himself to. But he made the choice to do it anyway because of the good he believed he could achieve, because of the evil that he believed needed urgently to be exposed and combated, and because of his conviction that only leaks enable the public to learn the truth about the bad acts their governments are doing in secret.”

And, for this stand on idealism, we’ve kept Pvt. Manning locked in a cell for 23 hours a day and are (still) threatening him with life in prison. Meanwhile, this town is overrun with glib, useless assholes who don’t care about anyone but themselves, and those guys keep failing up. We hound and imprison our Swartzes and Mannings, while coddling and venerating the Dimons and Blankfeins of this world. Some system.

The New Haymarket.

What I said last year stands. The world doesn’t need any more 9/11 retrospectives. Still, this NASA picture from that dark day is pretty impressive, so there’s that.

I will say this: Since last week we watched Democrats — Democrats — chant USA, call out Mitt Romney for being insufficiently for the troops, and all but roll the severed head of Osama Bin Laden out on stage, perhaps it’s time to regain a little perspective.

9/11 was a horrible crime that demanded justice. It was also an event, it has now become clear, that could have and should have been prevented by the Dubya administration using traditional, pre-9/11 intelligence methods. Since that dark day, nine people have died in our indefinite detention prison camp at GitMo. The only person being prosecuted for the Dubya-era torture regime is the whistleblower. And we’re now set to unleash a wave of SKYNET-like drones over our own territory in the name of keeping us safe.

It’s long past time to stop compounding the tragedy of what happened in New York and Washington eleven years ago by shredding the constitution in response. It’s time to get back to being America again.

Wikileaks on Empty.

“Calling the blockade a ‘dangerous, oppressive and undemocratic’ attack led by the United States, Mr. Assange said at a news conference here that it had deprived his organization of ‘tens of millions of dollars,’ and warned, ‘If WikiLeaks does not find a way to remove this blockade, we will not be able to continue by the turn of the new year.’”

Another scalp for the War on Whistleblowers: Strapped for cash thanks to Visa, Mastercard, PayPal, and Western Union blocking transactions, Julian Assange warns that Wikileaks may have to close its doors soon. That would be a shame: In this day and age, we need something approaching real and undomesticated journalism. (Pic above via, ironically, Facebook.)