Tuesday, December 28, 2010

2011: A Brave New Dystopia

by Chris Hedges

The two greatest visions of a future dystopia were George Orwell’s “1984” and Aldous Huxley’s “Brave New World.” The debate, between those who watched our descent towards corporate totalitarianism, was who was right. Would we be, as Orwell wrote, dominated by a repressive surveillance and security state that used crude and violent forms of control? Or would we be, as Huxley envisioned, entranced by entertainment and spectacle, captivated by technology and seduced by profligate consumption to embrace our own oppression? It turns out Orwell and Huxley were both right. Huxley saw the first stage of our enslavement. Orwell saw the second.

We have been gradually disempowered by a corporate state that, as Huxley foresaw, seduced and manipulated us through sensual gratification, cheap mass-produced goods, boundless credit, political theater and amusement. While we were entertained, the regulations that once kept predatory corporate power in check were dismantled, the laws that once protected us were rewritten and we were impoverished. Now that credit is drying up, good jobs for the working class are gone forever and mass-produced goods are unaffordable, we find ourselves transported from “Brave New World” to “1984.” The state, crippled by massive deficits, endless war and corporate malfeasance, is sliding toward bankruptcy. It is time for Big Brother to take over from Huxley’s feelies, the orgy-porgy and the centrifugal bumble-puppy. We are moving from a society where we are skillfully manipulated by lies and illusions to one where we are overtly controlled.

Orwell warned of a world where books were banned. Huxley warned of a world where no one wanted to read books. Orwell warned of a state of permanent war and fear. Huxley warned of a culture diverted by mindless pleasure. Orwell warned of a state where every conversation and thought was monitored and dissent was brutally punished. Huxley warned of a state where a population, preoccupied by trivia and gossip, no longer cared about truth or information. Orwell saw us frightened into submission. Huxley saw us seduced into submission. But Huxley, we are discovering, was merely the prelude to Orwell. Huxley understood the process by which we would be complicit in our own enslavement. Orwell understood the enslavement. Now that the corporate coup is over, we stand naked and defenseless. We are beginning to understand, as Karl Marx knew, that unfettered and unregulated capitalism is a brutal and revolutionary force that exploits human beings and the natural world until exhaustion or collapse.

“The Party seeks power entirely for its own sake,” Orwell wrote in “1984.” “We are not interested in the good of others; we are interested solely in power. Not wealth or luxury or long life or happiness: only power, pure power. What pure power means you will understand presently. We are different from all the oligarchies of the past, in that we know what we are doing. All the others, even those who resembled ourselves, were cowards and hypocrites. The German Nazis and the Russian Communists came very close to us in their methods, but they never had the courage to recognize their own motives. They pretended, perhaps they even believed, that they had seized power unwillingly and for a limited time, and that just round the corner there lay a paradise where human beings would be free and equal. We are not like that. We know that no one ever seizes power with the intention of relinquishing it. Power is not a means; it is an end. One does not establish a dictatorship in order to safeguard a revolution; one makes the revolution in order to establish the dictatorship. The object of persecution is persecution. The object of torture is torture. The object of power is power.”

The political philosopher Sheldon Wolin uses the term “inverted totalitarianism” in his book “Democracy Incorporated” to describe our political system. It is a term that would make sense to Huxley. In inverted totalitarianism, the sophisticated technologies of corporate control, intimidation and mass manipulation, which far surpass those employed by previous totalitarian states, are effectively masked by the glitter, noise and abundance of a consumer society. Political participation and civil liberties are gradually surrendered. The corporation state, hiding behind the smokescreen of the public relations industry, the entertainment industry and the tawdry materialism of a consumer society, devours us from the inside out. It owes no allegiance to us or the nation. It feasts upon our carcass.

The corporate state does not find its expression in a demagogue or charismatic leader. It is defined by the anonymity and facelessness of the corporation. Corporations, who hire attractive spokespeople like Barack Obama, control the uses of science, technology, education and mass communication. They control the messages in movies and television. And, as in “Brave New World,” they use these tools of communication to bolster tyranny. Our systems of mass communication, as Wolin writes, “block out, eliminate whatever might introduce qualification, ambiguity, or dialogue, anything that might weaken or complicate the holistic force of their creation, to itstotal impression.”

The result is a monochromatic system of information. Celebrity courtiers, masquerading as journalists, experts and specialists, identify our problems and patiently explain the parameters. All those who argue outside the imposed parameters are dismissed as irrelevant cranks, extremists or members of a radical left. Prescient social critics, from Ralph Nader to Noam Chomsky, are banished. Acceptable opinions have a range of A to B. The culture, under the tutelage of these corporate courtiers, becomes, as Huxley noted, a world of cheerful conformity, as well as an endless and finally fatal optimism. We busy ourselves buying products that promise to change our lives, make us more beautiful, confident or successful as we are steadily stripped of rights, money and influence. All messages we receive through these systems of communication, whether on the nightly news or talk shows like “Oprah,” promise a brighter, happier tomorrow. And this, as Wolin points out, is “the same ideology that invites corporate executives to exaggerate profits and conceal losses, but always with a sunny face.” We have been entranced, as Wolin writes, by “continuous technological advances” that “encourage elaborate fantasies of individual prowess, eternal youthfulness, beauty through surgery, actions measured in nanoseconds: a dream-laden culture of ever-expanding control and possibility, whose denizens are prone to fantasies because the vast majority have imagination but little scientific knowledge.”

Our manufacturing base has been dismantled. Speculators and swindlers have looted the U.S. Treasury and stolen billions from small shareholders who had set aside money for retirement or college. Civil liberties, including habeas corpus and protection from warrantless wiretapping, have been taken away. Basic services, including public education and health care, have been handed over to the corporations to exploit for profit. The few who raise voices of dissent, who refuse to engage in the corporate happy talk, are derided by the corporate establishment as freaks.

Attitudes and temperament have been cleverly engineered by the corporate state, as with Huxley’s pliant characters in “Brave New World.” The book’s protagonist, Bernard Marx, turns in frustration to his girlfriend Lenina:

“Don’t you wish you were free, Lenina?” he asks.

“I don’t know that you mean. I am free, free to have the most wonderful time. Everybody’s happy nowadays.”

He laughed, “Yes, ‘Everybody’s happy nowadays.’ We have been giving the children that at five. But wouldn’t you like to be free to be happy in some other way, Lenina? In your own way, for example; not in everybody else’s way.”

“I don’t know what you mean,” she repeated.

The façade is crumbling. And as more and more people realize that they have been used and robbed, we will move swiftly from Huxley’s “Brave New World” to Orwell’s “1984.” The public, at some point, will have to face some very unpleasant truths. The good-paying jobs are not coming back. The largest deficits in human history mean that we are trapped in a debt peonage system that will be used by the corporate state to eradicate the last vestiges of social protection for citizens, including Social Security. The state has devolved from a capitalist democracy to neo-feudalism. And when these truths become apparent, anger will replace the corporate-imposed cheerful conformity. The bleakness of our post-industrial pockets, where some 40 million Americans live in a state of poverty and tens of millions in a category called “near poverty,” coupled with the lack of credit to save families from foreclosures, bank repossessions and bankruptcy from medical bills, means that inverted totalitarianism will no longer work.

We increasingly live in Orwell’s Oceania, not Huxley’s The World State. Osama bin Laden plays the role assumed by Emmanuel Goldstein in “1984.” Goldstein, in the novel, is the public face of terror. His evil machinations and clandestine acts of violence dominate the nightly news. Goldstein’s image appears each day on Oceania’s television screens as part of the nation’s “Two Minutes of Hate” daily ritual. And without the intervention of the state, Goldstein, like bin Laden, will kill you. All excesses are justified in the titanic fight against evil personified.

The psychological torture of Pvt. Bradley Manning—who has now been imprisoned for seven months without being convicted of any crime—mirrors the breaking of the dissident Winston Smith at the end of “1984.” Manning is being held as a “maximum custody detainee” in the brig at Marine Corps Base Quantico, in Virginia. He spends 23 of every 24 hours alone. He is denied exercise. He cannot have a pillow or sheets for his bed. Army doctors have been plying him with antidepressants. The cruder forms of torture of the Gestapo have been replaced with refined Orwellian techniques, largely developed by government psychologists, to turn dissidents like Manning into vegetables. We break souls as well as bodies. It is more effective. Now we can all be taken to Orwell’s dreaded Room 101 to become compliant and harmless. These “special administrative measures” are regularly imposed on our dissidents, including Syed Fahad Hashmi, who was imprisoned under similar conditions for three years before going to trial. The techniques have psychologically maimed thousands of detainees in our black sites around the globe. They are the staple form of control in our maximum security prisons where the corporate state makes war on our most politically astute underclass—African-Americans. It all presages the shift from Huxley to Orwell.

“Never again will you be capable of ordinary human feeling,” Winston Smith’s torturer tells him in “1984.” “Everything will be dead inside you. Never again will you be capable of love, or friendship, or joy of living, or laughter, or curiosity, or courage, or integrity. You will be hollow. We shall squeeze you empty and then we shall fill you with ourselves.”

The noose is tightening. The era of amusement is being replaced by the era of repression. Tens of millions of citizens have had their e-mails and phone records turned over to the government. We are the most monitored and spied-on citizenry in human history. Many of us have our daily routine caught on dozens of security cameras. Our proclivities and habits are recorded on the Internet. Our profiles are electronically generated. Our bodies are patted down at airports and filmed by scanners. And public service announcements, car inspection stickers, and public transportation posters constantly urge us to report suspicious activity. The enemy is everywhere.

Those who do not comply with the dictates of the war on terror, a war which, as Orwell noted, is endless, are brutally silenced. The draconian security measures used to cripple protests at the G-20 gatherings in Pittsburgh and Toronto were wildly disproportionate for the level of street activity. But they sent a clear message—DO NOT TRY THIS. The FBI’s targeting of antiwar and Palestinian activists, which in late September saw agents raid homes in Minneapolis and Chicago, is a harbinger of what is to come for all who dare defy the state’s official Newspeak. The agents—our Thought Police—seized phones, computers, documents and other personal belongings. Subpoenas to appear before a grand jury have since been served on 26 people. The subpoenas cite federal law prohibiting “providing material support or resources to designated foreign terrorist organizations.” Terror, even for those who have nothing to do with terror, becomes the blunt instrument used by Big Brother to protect us from ourselves.

“Do you begin to see, then, what kind of world we are creating?” Orwell wrote. “It is the exact opposite of the stupid hedonistic Utopias that the old reformers imagined. A world of fear and treachery and torment, a world of trampling and being trampled upon, a world which will grow not less but more merciless as it refines itself.”

Copyright © 2010 Truthdig, L.L.C.
Chris Hedges writes a regular column for Truthdig.com . Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times. He is the author of many books, including: War Is A Force That Gives Us Meaning , What Every Person Should Know About War , and American Fascists: The Christian Right and the War on America. His most recent book is Empire of Illusion: The End of Literacy and the Triumph of Spectacle .

Monday, December 27, 2010

Obama’s Liberty Problem: Why Indefinite Detention by Executive Order Should Scare the Hell Out of People

by Bill Quigley and Vince Warren

The right to liberty is one of the foundation rights of a free people. The idea that any US President can bypass Congress and bypass the Courts by issuing an Executive Order setting up a new legal system for indefinite detention of people should rightfully scare the hell out of the American people.

Advisors in the Obama administration have floated the idea of creating a special new legal system to indefinitely detain people by Executive Order. Why? To do something with the people wrongfully imprisoned in Guantanamo. Why not follow the law and try them? The government knows it will not be able to win prosecutions against them because they were tortured by the US.

Guantanamo is coming up on its ninth anniversary – a horrifying stain on the character of the US commitment to justice. President Obama knows well that Guantanamo is the most powerful recruitment tool for those challenging the US. Unfortunately, this proposal for indefinite detention will prolong the corrosive effects of the illegal and immoral detentions at Guantanamo rightly condemned world-wide.

The practical, logical, constitutional and human rights problems with the proposal are uncountable.

Our system provides a simple answer developed over hundreds of years – try them or release them. Any other stop gap measure like the one proposed merely pushes the problem back down the road and back into the courts again. While it may appear to be a popular political response, the public will soon enough see this for what it is – an unconstitutional usurping of power by the Executive branch and a clear and present danger to all Americans

The US government has never publicly said who can be prosecuted and who they have decided to hold indefinitely because they think they cannot successfully charge them. Now, after holding people for years and years, they think they can create a new set of laws by Executive Order which will justify their actions?

Recall that dozens of the very same people who would now be subject to indefinite detention have already been cleared for release by the government. How can indefinite detention of people we already cleared to go home possibly be legal?

The government proposes essentially to detain people for being a potential member or friend of the enemy force – a standard that is too open ended and inconsistent with the US and international laws of war.

Our criminal process, requiring charge, conviction and other safeguards, is the primary means by which the government may deprive a person of liberty, with carefully limited exceptions.

“Freedom from bodily restraint has always been at the core of the liberty protected by the Due Process Clause from arbitrary governmental action.” The Supreme Court has “always been careful not to “minimize the importance and fundamental nature of the individual’s right to liberty.” Foucha v Louisiana, 504 US 71 (1992).

The liberty of all persons is protected by the criminal process guarantees, among other rights: the right to be free from unreasonable searches and seizures; probable cause for arrest; right to counsel, right to indictment by grand jury; right to trial by an impartial jury; the right to a speedy public trial; the presumption of innocence; the right that government must prove beyond a reasonable doubt every fact necessary to make out the charged offense; a privilege against self-incrimination; the right to confront and cross examine witnesses; the right to present witnesses and use compulsory process; the duty on the government to disclose exculpatory evidence; prohibition against double jeopardy; prohibition against bills of attainder and ex post facto laws; and a prohibition against selective prosecution.

For hundreds of years judges and legislatures and advocates for justice have struggled to create protections for our liberty. People who suggest bypassing all of these protections of our liberty in the name of safety or politics do our people and our history a grave disservice.

Some wrongfully suggest that preventive detention by the Executive would be allowed because the law already allows civil confinement. But there are only very narrow circumstances when limited civil confinement is allowed by law. It is clear government cannot use civil detention or anything like it to effect punishment or to escape the comprehensive constraints of the criminal justice system. Kansas v Crane, 534 US 407, 412 (2002) (noting that civil commitment must not “become a mechanism for retribution or general deterrence.

Further, preventive detention also violates international law, specifically the International Covenant on Civil and Political Rights (ICCPR), article 9.

The proposal to create a special new legal system by Executive Order is an end run around Congress and the Judiciary. It will lengthen the illegal detentions in Guantanamo and will force this entire system back into the courts for years. It will further damage US efforts to portray itself as a fair country of laws, and will threaten the liberty of every single US citizen who is not in Guantanamo because it will damage the due process guarantees which have built up over the years to protect each one of us.

Vince is the Executive Director at the Center for Constitutional Rights (CCR). Bill is Legal Director of CCR and law professor at Loyola University New Orleans. You can reach Bill at Quigley77@gmail.com

Thursday, December 23, 2010

U.S. Ordered to Pay Group of Muslims

By ERIC LICHTBLAU

WASHINGTON — A federal judge ordered the government on Tuesday to pay nearly $2.6 million in lawyers’ fees and damages to officials with a shuttered Islamic charity in Oregon who the judge said were wiretapped without a court order under the surveillance program approved by President George W. Bush after the attacks of Sept. 11, 2001.

The ruling by Vaughn R. Walker, the chief federal judge in San Francisco, punctuates a years-long lawsuit that tested the balance between civil liberties and the president’s authority.

The Justice Department did not immediately say whether it would appeal the ruling.

The dollar amount of damages is relatively insignificant for the government. But the principle the judge first laid out in a March ruling and expanded on Tuesday was critical to all parties.

For charity officials and their lawyers, the ruling offered vindication in a case that the Justice Department fought largely by relying on the president’s executive power and the government’s claim to keep certain “state secrets” out of the judiciary.

“We brought this case to try and get a declaration from the judiciary that the executive branch is bound by the law,” said Jon Eisenberg, a lawyer who represented the charity, the Al-Haramain Islamic Foundation.

The judge awarded more than $2.5 million in legal expenses accrued by lawyers for Asim Ghafoor and Wendell Belew, officials with Al-Haramain’s Oregon affiliate who the judge said were wiretapped, and he awarded the two officials each $20,400 in damages.

Judge Walker refused to grant punitive damages based on the claim that the wiretapping under the National Security Agency program showed “reckless or callous indifference” to the plaintiffs’ rights. Judge Walker said that the government “had reason to believe” that Al-Haramain supported acts of terrorism.

However, he criticized the way that Bush officials went about approving in secret a wiretapping program that operated outside the bounds of judicial scrutiny and in conflict with surveillance rules set by Congress.

Tuesday, December 21, 2010

Washington Post details vast growth of US domestic spying

By Patrick Martin
21 December 2010
The Washington Post published Monday the second installment of an investigation into the enormous scale of the US domestic intelligence apparatus built up since the 9/11 terrorist attacks. The article brings together valuable information about the police buildup, presented in both written and graphical form, including an interactive web-based map. (See: http://projects.washingtonpost.com/top-secret-america/articles/monitoring-america/)
While authorized and funded in the guise of a response to terrorism, the network of agencies at the federal, state and local levels represents an enormous threat to the democratic rights of the American people. It is the scaffolding for the construction of a police state.
The Post survey is well worth careful examination, along with the first article in the series, which profiles the Department of Homeland Security and other federal agencies devoted to domestic spying. (See: http://projects.washingtonpost.com/top-secret-america/articles/a-hidden-world-growing-beyond-control/)
Some of the most important revelations include the following:
The federal government is carrying out the collection and integration of personal information on hundreds of thousands, and eventually millions, of Americans, most of whom have committed no criminal offense and are certainly not engaged in anything that could reasonably be considered “terrorism.”
A total of 4,058 federal, state and local organizations now have “counterterrorism” functions, with one quarter of these either newly created since 9/11 or involved in counterterrorist activities for the first time since then.
US police agencies are deploying technologies tested on the battlefields of Iraq and Afghanistan and using them to monitor and target American citizens.
State and local police agencies are monitoring legal political activities, including protests over environmental, immigration and other issues, and filing reports with counterterrorism “fusion centers” in the 50 states.
The Obama administration is spearheading the expansion of domestic counterterrorism well beyond the level carried out under the Bush administration. In 2010 alone, the Department of Homeland Security provided $3.8 billion in counterterrorism grants to state and local agencies.
Uses of military technology include biometric facial recognition equipment, now used in Maricopa County, Arizona (Phoenix) to record 9,000 digital mug shots each month, as well as the use of Predator drones along both the Mexican and Canadian borders.
In one of the most chilling passages, the Post notes: “The special operations units deployed overseas to kill the al-Qaeda leadership drove technological advances that are now expanding in use across the United States.” In other words, the same methods used by military and CIA hunter-killer squads in the mountains of Afghanistan are being transferred to domestic policing operations inside the United States.
The Post gives a picture of what the integration of military technology and law enforcement, as well as local, state and federal information databases, means in a typical American city, Memphis, Tennessee.
Memphis police now use hand-held, wireless fingerprint scanners, first developed for US troops patrolling insurgent neighborhoods in Baghdad and other Iraqi cities, to provide instant ID checks on anyone detained by police. These scanners allow police to “instantly call up a mug shot, a Social Security number, the status of the driver’s license and any outstanding warrants.”
Many police cars are equipped with military-grade infrared cameras that move robotically, taking digital images of every license plate in view and checking each one against various databases, alerting the police when there is a “hit” on a driver with an outstanding warrant.
The Department of Homeland Security helped the city buy surveillance cameras that are posted near housing projects, busy street corners, bridges and other “sensitive” locations. Data mining technology allows police to rapidly cross-reference biometric data, driver’s licenses and license plates and credit card information.
This has been supplemented through the collaboration of private corporations with the government. The Memphis police “persuaded the local utility company” to provide “a daily update of the names and addresses of customers,” so that police executing warrants would have a better chance of finding those they were seeking.
All the data accumulated through these operations is uploaded automatically to the Memphis Real Time Crime Center, “a command center with three walls of streaming surveillance video and analysis capabilities that rival those of an Army command center,” according to the Post. The data is “geocoded” to produce what are in effect police battle maps for the city.
The data is further uploaded to the FBI’s central data campus in Clarksburg, West Virginia, where it is integrated into the existing store of fingerprints, now approaching 100 million, and including data collected from US military prisoners in Iraq and Afghanistan, as well as countries like Saudi Arabia and Yemen, which collaborate extensively with US counterterrorism operations.
This year, for the first time, according to a federal spokeswoman, the FBI, the Department of Homeland Security and the Department of Defense are able to share fingerprint records. This means that the line between domestic policing and military action has been effectively erased.
The goal of a new Obama administration operation, called the Nationwide Suspicious Activity Reporting Initiative, or SAR, is for every local police department in the United States to have its data files integrated with the FBI’s, in a gigantic central database on a large proportion of the American population.
The definition of what is suspicious activity—“observed behavior reasonably indicative of pre-operational planning related to terrorism or other criminal activity”—is so broad as to cover virtually any activity that arouses police interest, no matter how innocent.
The Post gave an example of how an SAR file would be generated by a local cop seeing “a suspicious subject” taking a photograph of an Orange County, California ferry boat with his cell phone camera, even though the individual was later joined by two other adults and two small children, and all of them boarded the ferry for what was obviously a pleasure trip.
This report would be uploaded to the Los Angeles fusion center, one of 60 or so regional facilities established with funds from the DHS to collect and integrate information. From there, it could be forwarded to the FBI for further investigation, or for storage for a period as long as five years, the Post noted, “during which time many other pieces of information about the man photographing a boat on a Sunday morning could be added to his file: employment, financial and residential histories; multiple phone numbers; audio files; video from the dashboard-mounted camera in the police cruiser at the harbor where he took pictures; and anything else in government or commercial databases ‘that adds value,’ as the FBI agent in charge of the database described it.”
The Pentagon has access to this classified database, known as the Guardian system, which had 161,948 suspicious activity files as of this month. There is also an unclassified section of the database, to which state and local police contribute data and have access.
The entire structure detailed by the Post account has the most ominous political implications, since it is quite clear, although the newspaper is careful not to say so, that information on political opposition to US government policies, particularly from the left, is being incorporated into these databases. While a handful of individual “infractions” have been exposed, as recently in Pennsylvania , this can only be considered the tip of the iceberg.
In addition to the vast increase in data collection and integration, there is the rightwing and antidemocratic character of the personnel charged with running the entire system. The Post account treats this as an aberration, or perhaps an excess, describing the vitriolic anti-Muslim racism of many of those engaged in providing “training” in terrorism for local and state government agencies.
Former military operatives now engaged in training routinely describe all Muslims in the United States as potential enemies who want to impose sharia law on the United States and forcibly convert the entire population to Islam. They advise infiltration of mosques and Muslim student groups and systemic phone tapping in the Muslim community.
Perhaps most important from a political standpoint is the leading role played by Obama administration officials like Janet Napolitano, former governor of Arizona, now secretary of the Department of Homeland Security. Napolitano has publicly enlisted Wal-Mart, Amtrak, the major sports leagues and hotel chains in a campaign to promote reporting “suspicious activity” and generating “terror tips.”
The Post notes, “In her speeches she compares the undertaking to the Cold War fight against communists.” Precisely: the Obama administration is embracing a form of McCarthyism, with “terrorism” supplanting the “Red menace” as the object of demonization.
The virtue of this approach, from the standpoint of the American ruling class, is that any form of domestic social upheaval—strikes, sit-ins, mass demonstrations against war, struggles against eviction, foreclosure and utility shutoff—can be branded “terrorism” and those engaged in it targeted for police repression.

Sunday, December 12, 2010

Is WikiLeaks the Beginning of a New Form of Media?

By Mathew Ingram Dec. 10, 2010, 9:22am PDT 8 Comments



As WikiLeaks continues to release classified diplomatic cables, and fights to remain online and solvent, it’s becoming increasingly clear what’s happening has less to do with WikiLeaks itself, and more to do with what seems to be a new form of media emerging: not a news or journalism entity specifically, but a kind of media middleman that exposes secret or undiscovered information, which can then become a source of news. Could WikiLeaks — and similar efforts it appears to be spawning — become a crucial new part of the digital media ecosystem?

Over the past couple of weeks, we’ve seen WikiLeaks attacked by the U.S. government — now apparently considering espionage charges against leader Julian Assange for publishing the cables — and shut down by companies such as PayPal and Amazon (which seems to see no irony in selling a book including excerpts from WikiLeaks cables). Both of those companies have in turn come under attack by Anonymous, a rogue group of hackers who targeted their websites as part of what the group called Operation Payback, although the group appears to be moving away from denial-of-service attacks to less destructive attention-getting strategies.

Meanwhile, WikiLeaks has been making itself so distributed — by setting up over a thousand mirror sites through which it can publish documents automatically, as well as moving servers to several different hosts — that it seems almost unassailable, even if Assange is found guilty of something. The WikiLeaks founder has said that in addition to the mirror sites, BitTorrent archives of the cables have been provided to 10,000 sources who could continue to publish them even if WikiLeaks was somehow taken offline.


WikiLeaks' leader Julian Assange
It’s not just WikiLeaks any more: A new spin-off group called OpenLeaks, formed in part by a splinter faction from within WikiLeaks, says it’s launching a new service with much the same mandate as its predecessor — to make documents public whether governments and companies want them to be or not — although it plans to be just a distribution point rather than a publisher itself. Another group calling itself BrusselsLeaks is apparently also looking to create the kind of document clearinghouse that WikiLeaks has set up, but it will be focused on information about the European Union.

As political analyst Evgeny Morozov notes in a piece written for the New York Times, and in a summary of that piece on his blog at Foreign Policy magazine, WikiLeaks has come to serve as a kind of middleman for media outlets such as the NYT and The Guardian. Although these entities have investigative teams, they can’t possibly find everything, and there is so much more information out there to comb through. What agencies such as WikiLeaks and OpenLeaks could provide is a single source for such documents, as well as a way of publicizing that these secrets have been revealed, something that WikiLeaks has done very well.

Do newspapers and other media need WikiLeaks? Some would argue that the sources who went to Assange could just as easily have gone to the NYT or The Guardian directly. So why didn’t they? Possibly because they wanted the information to be spread more widely than just one media outlet, or were worried that one newspaper might not report on the cables properly if they were the only ones with that information. In a sense, as my former colleague Doug Saunders — the European bureau chief for Canadian newspaper The Globe and Mail — has noted, WikiLeaks is not that different from the brown envelope that the leaker behind the Watergate scandal delivered documents in.

In this era of real-time publishing and the ubiquitous web, however, the power of that brown envelope has been amplified a thousandfold, and its reach is far broader than was ever possible before — and that changes the game entirely.

Justice Department Prepares for Ominous Expansion of "Anti-Terrorism" Law Targeting Activists

by: Michael Deutsch, t r u t h o u t | News Analysis

In late September, the FBI carried out a series of raids of homes and antiwar offices of public activists in Minneapolis and Chicago. Following the raids, the Obama Justice Department subpoenaed 14 activists to a grand jury in Chicago and also subpoenaed the files of several antiwar and community organizations. In carrying out these repressive actions, the Justice Department was taking its lead from the Supreme Court's 6-3 opinion last June in Holder v. the Humanitarian Law Project, which decided that nonviolent First Amendment speech and advocacy "coordinated with" or "under the direction of" a foreign group listed by the Secretary of State as "terrorist" was a crime.

The search warrants and grand jury subpoenas make it clear that the federal prosecutors are intent on accusing public nonviolent political organizers, many of whom are affiliated with Freedom Road Socialist Organization (FRSO), of providing "material support" through their public advocacy for the Popular Front for the Liberation of Palestine (PFLP) and the Revolutionary Armed Forces of Colombia (FARC). The Secretary of State has determined that both the PLFP and the FARC "threaten US national security, foreign policy or economic interests," a finding not reviewable by the courts, and listed both groups as foreign terrorist organizations (FTO).

In 1996, Congress made it a crime - then punishable by 10 years, which was later increased to 15 years - to anyone in the US who provides "material support or resources to a foreign terrorist organization or attempts or conspires to do so." The present statute defines "material support or resources" as:

... any property, tangible or intangible, or service, including currency or monetary instruments or financial services, lodging, training, expert advice or assistance, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel and transportation except medicine or religious materials.

In the Humanitarian Law Project case, human rights workers wanted to teach members of the Kurdistan PKK, which seeks an independent Kurdish state, and the Liberation Tigers of Tamil Eelam (LTTE), which sought an independent state in Sri Lanka, how to use humanitarian and international law to peacefully resolve disputes and obtain relief from the United Nations and other international bodies for human rights abuses by the governments of Turkey and Sri Lanka. Both organizations were designated as FTOs by the Secretary of State in a closed hearing, in which the evidence is heard secretly.

Despite the nonviolent, peacemaking goal of the Humanitarian Law Project's speech and training, the majority of the Supreme Court nonetheless interpreted the law to make such conduct a crime. Finding a whole new exception to the First Amendment, the Court decided that any support, even if it involves nonviolent efforts towards peace, is illegal under the law since it "frees up other resources within the organization that may be put to violent ends," and also helps lend "legitimacy" to foreign terrorist groups. Writing for the majority, Chief Justice Roberts, despite the lack of any evidence, further opined that the FTO could use the human rights law to "intimidate, harass or destruct" its adversaries, and that even peace talks themselves could be used as a cover to re-arm for further attacks. Thus, the Court's opinion criminalizes efforts by independent groups to work for peace if they in any way cooperate or coordinate with designated FTOs.

The Court distinguishes what it refers to as "independent advocacy," which it finds is not prohibited by the statute, from "advocacy performed in coordination with, or at the direction of, a foreign terrorist organization," which is, for the first time, found to be a crime under the statute. The exact line demarcating where independent advocacy becomes impermissible coordination is left open and vague.

Seizing on this overbroad definition of "material support," the US government is now moving in on political groups and activists who are clearly exercising fundamental First Amendment rights by vocally opposing the government's branding of foreign liberation movements as terrorist and supporting their struggles against US-backed repressive regimes and illegal occupations.

Under the new definition of "material support," the efforts of President Jimmy Carter to monitor the elections in Lebanon and coordinate with the political parties there, including the designated FTO Hezbollah, could well be prosecuted as a crime. Similarly, the publication of op-ed articles by FTO spokesmen from Hamas or other designated groups by The New York Times or The Washington Post, or the filing of amicus briefs by human rights attorneys arguing against a group's terrorist designation or the statute itself could also now be prosecuted. Of course, the first targets of this draconian expansion of the material support law will not be a former president or the establishment media, but members of a Marxist organization who are vocal opponents of the governments of Israel and Colombia and the US policies supporting these repressive governments.

In his foreword to Nelson Mandela's recent autobiography "Conversations with Myself," President Obama wrote that "Mandela's sacrifice was so great that it called upon people everywhere to do what they could on behalf of human progress. … The first time I became politically active was during my college years, when I joined a campaign on behalf of divestment, and the effort to end apartheid in South Africa." At the time of Mr. Obama's First Amendment advocacy, Mr. Mandela and his organization the African National Congress (ANC) were denounced as terrorist by the US government. If the "material support" law had been in effect back then, Mr. Obama would have been subject to potential criminal prosecution. It is ironic - and the height of hypocrisy - that this same man who speaks with such reverence for Mr. Mandela and recalls his own support for the struggle against apartheid now allows the Justice Department under his command to criminalize similar First Amendment advocacy against Israeli apartheid and repressive foreign governments.

Wednesday, December 8, 2010

The Truth Will Always Win

by Julian Assange

In 1958 a young Rupert Murdoch, then owner and editor of Adelaide's The News, wrote: "In the race between secrecy and truth, it seems inevitable that truth will always win."

His observation perhaps reflected his father Keith Murdoch's expose that Australian troops were being needlessly sacrificed by incompetent British commanders on the shores of Gallipoli. The British tried to shut him up but Keith Murdoch would not be silenced and his efforts led to the termination of the disastrous Gallipoli campaign.

Nearly a century later, WikiLeaks is also fearlessly publishing facts that need to be made public.

I grew up in a Queensland country town where people spoke their minds bluntly. They distrusted big government as something that could be corrupted if not watched carefully. The dark days of corruption in the Queensland government before the Fitzgerald inquiry are testimony to what happens when the politicians gag the media from reporting the truth.

These things have stayed with me. WikiLeaks was created around these core values. The idea, conceived in Australia, was to use internet technologies in new ways to report the truth.

WikiLeaks coined a new type of journalism: scientific journalism. We work with other media outlets to bring people the news, but also to prove it is true. Scientific journalism allows you to read a news story, then to click online to see the original document it is based on. That way you can judge for yourself: Is the story true? Did the journalist report it accurately?

Democratic societies need a strong media and WikiLeaks is part of that media. The media helps keep government honest. WikiLeaks has revealed some hard truths about the Iraq and Afghan wars, and broken stories about corporate corruption.

People have said I am anti-war: for the record, I am not. Sometimes nations need to go to war, and there are just wars. But there is nothing more wrong than a government lying to its people about those wars, then asking these same citizens to put their lives and their taxes on the line for those lies. If a war is justified, then tell the truth and the people will decide whether to support it.

If you have read any of the Afghan or Iraq war logs, any of the US embassy cables or any of the stories about the things WikiLeaks has reported, consider how important it is for all media to be able to report these things freely.

WikiLeaks is not the only publisher of the US embassy cables. Other media outlets, including Britain's The Guardian, The New York Times, El Pais in Spain and Der Spiegel in Germany have published the same redacted cables.

Yet it is WikiLeaks, as the co-ordinator of these other groups, that has copped the most vicious attacks and accusations from the US government and its acolytes. I have been accused of treason, even though I am an Australian, not a US, citizen. There have been dozens of serious calls in the US for me to be "taken out" by US special forces. Sarah Palin says I should be "hunted down like Osama bin Laden", a Republican bill sits before the US Senate seeking to have me declared a "transnational threat" and disposed of accordingly. An adviser to the Canadian Prime Minister's office has called on national television for me to be assassinated. An American blogger has called for my 20-year-old son, here in Australia, to be kidnapped and harmed for no other reason than to get at me.

And Australians should observe with no pride the disgraceful pandering to these sentiments by Prime Minister Gillard and US Secretary of State Hillary Clinton have not had a word of criticism for the other media organisations. That is because The Guardian, The New York Times and Der Spiegel are old and large, while WikiLeaks is as yet young and small.

We are the underdogs. The Gillard government is trying to shoot the messenger because it doesn't want the truth revealed, including information about its own diplomatic and political dealings.

Has there been any response from the Australian government to the numerous public threats of violence against me and other WikiLeaks personnel? One might have thought an Australian prime minister would be defending her citizens against such things, but there have only been wholly unsubstantiated claims of illegality. The Prime Minister and especially the Attorney-General are meant to carry out their duties with dignity and above the fray. Rest assured, these two mean to save their own skins. They will not.

Every time WikiLeaks publishes the truth about abuses committed by US agencies, Australian politicians chant a provably false chorus with the State Department: "You'll risk lives! National security! You'll endanger troops!" Then they say there is nothing of importance in what WikiLeaks publishes. It can't be both. Which is it?

It is neither. WikiLeaks has a four-year publishing history. During that time we have changed whole governments, but not a single person, as far as anyone is aware, has been harmed. But the US , with Australian government connivance, has killed thousands in the past few months alone.

US Secretary of Defence Robert Gates admitted in a letter to the US congress that no sensitive intelligence sources or methods had been compromised by the Afghan war logs disclosure. The Pentagon stated there was no evidence the WikiLeaks reports had led to anyone being harmed in Afghanistan. NATO in Kabul told CNN it couldn't find a single person who needed protecting. The Australian Department of Defence said the same. No Australian troops or sources have been hurt by anything we have published.

But our publications have been far from unimportant. The US diplomatic cables reveal some startling facts:

The US asked its diplomats to steal personal human material and information from UN officials and human rights groups, including DNA, fingerprints, iris scans, credit card numbers, internet passwords and ID photos, in violation of international treaties. Presumably Australian UN diplomats may be targeted, too.

King Abdullah of Saudi Arabia asked the US Officials in Jordan and Bahrain want Iran's nuclear program stopped by any means available.

Britain's Iraq inquiry was fixed to protect "US interests".

Sweden is a covert member of NATO and US intelligence sharing is kept from parliament.

The US is playing hardball to get other countries to take freed detainees from Guantanamo Bay . Barack Obama agreed to meet the Slovenian President only if Slovenia took a prisoner. Our Pacific neighbour Kiribati was offered millions of dollars to accept detainees.

In its landmark ruling in the Pentagon Papers case, the US Supreme Court said "only a free and unrestrained press can effectively expose deception in government". The swirling storm around WikiLeaks today reinforces the need to defend the right of all media to reveal the truth.

Copyright 2010 News Limited
Julian Assange is the editor-in-chief of WikiLeaks.

In defence of WikiLeaks

WHILE fascinating in their own right, these WikiLeaks document dumps are also fascinating in the way they draw out fairly fundamental intuitions about the rights and privileges of the American state. Earlier today I attempted to draw up a taxonomy of different ideological/character types elicited by WikiLeaks, but quickly became mired in the complexity of it all. Rather than diagnose the world, I'll just diagnose myself in contrast to my colleague.

In this morning's post, my worldly co-blogger characterises the content of the tens of thousands classified diplomatic cables as mere "gossip", and maintains "that grabbing as many diplomatic cables as you can get your hands on and making them public is not a socially worthy activity". I strongly disagree.

Greg Mitchell's catalogue of reactions to the leaked cables is a trove of substantive information. For example, drawing on the documents made available by WikiLeaks, the ACLU reports that the Bush administration "pressured Germany not to prosecute CIA officers responsible for the kidnapping, extraordinary rendition and torture of German national Khaled El-Masri", a terrorism suspect dumped in Albania once the CIA determined it had nabbed a nobody. I consider kidnapping and torture serious crimes, and I think it's interesting indeed if the United States government applied pressure to foreign governments to ensure complicity in the cover-up of it agents' abuses. In any case, I don't consider this gossip.

I think we all understand that the work of even the most decent governments is made more difficult when they cannot be sure their communications will be read by those for whom they were not intended. That said, there is no reason to assume that the United States government is always up to good. To get at the value of WikiLeaks, I think it's important to distinguish between the government—the temporary, elected authors of national policy—and the state—the permanent bureaucratic and military apparatus superficially but not fully controlled by the reigning government. The careerists scattered about the world in America's intelligence agencies, military, and consular offices largely operate behind a veil of secrecy executing policy which is itself largely secret. American citizens mostly have no idea what they are doing, or whether what they are doing is working out well. The actually-existing structure and strategy of the American empire remains a near-total mystery to those who foot the bill and whose children fight its wars. And that is the way the elite of America's unelected permanent state, perhaps the most powerful class of people on Earth, like it.

As Scott Shane, the New York Times' national security reporter, puts it: "American taxpayers, American citizens pay for all these diplomatic operations overseas and you know, it is not a bad thing when Americans actually have a better understanding of those negotiations". Mr Shane goes on to suggest that

Perhaps if we had had more information on these secret internal deliberations of governments prior to the invasion of Iraq in 2003, we would have had a better understanding of the quality of the evidence that Saddam Hussein had weapons of mass destruction.
I'd say providing that information certainly would have been a socially worthy activity, even if it came as part of a more-or-less indiscriminate dump of illegally obtained documents. I'm glad to see that the quality of discussion over possible US efforts to stymie Iran's nuclear ambitions has already become more sophisticated and, well, better-informed due to the information provided by WikiLeaks.

If secrecy is necessary for national security and effective diplomacy, it is also inevitable that the prerogative of secrecy will be used to hide the misdeeds of the permanent state and its privileged agents. I suspect that there is no scheme of government oversight that will not eventually come under the indirect control of the generals, spies, and foreign-service officers it is meant to oversee. Organisations such as WikiLeaks, which are philosophically opposed to state secrecy and which operate as much as is possible outside the global nation-state system, may be the best we can hope for in the way of promoting the climate of transparency and accountability necessary for authentically liberal democracy. Some folks ask, "Who elected Julian Assange?" The answer is nobody did, which is, ironically, why WikiLeaks is able to improve the quality of our democracy. Of course, those jealously protective of the privileges of unaccountable state power will tell us that people will die if we can read their email, but so what? Different people, maybe more people, will die if we can't.

The Shameful Attacks on Julian Assange

By David Samuels

December 03, 2010 "The Atlantic" -- Julian Assange and Pfc Bradley Manning have done a huge public service by making hundreds of thousands of classified U.S. government documents available on Wikileaks -- and, predictably, no one is grateful. Manning, a former army intelligence analyst in Iraq, faces up to 52 years in prison. He is currently being held in solitary confinement at a military base in Quantico, Virginia, where he is not allowed to see his parents or other outside visitors.

Assange, the organizing brain of Wikileaks, enjoys a higher degree of freedom living as a hunted man in England under the close surveillance of domestic and foreign intelligence agencies -- but probably not for long. Not since President Richard Nixon directed his minions to go after Pentagon Papers leaker Daniel Ellsberg and New York Times reporter Neil Sheehan - "a vicious antiwar type," an enraged Nixon called him on the Watergate tapes -- has a working journalist and his source been subjected to the kind of official intimidation and threats that have been directed at Assange and Manning by high-ranking members of the Obama Administration.

Published reports suggest that a joint Justice Department-Pentagon team of investigators is exploring the possibility of charging Assange under the Espionage Act, which could lead to decades in jail. "This is not saber-rattling," said Attorney General Eric Holder, commenting on the possibility that Assange will be prosecuted by the government. Secretary of State Hillary Clinton called the Wikileaks disclosures "an attack on the international community" that endangered innocent people. White House Press Secretary Robert Gibbs suggested in somewhat Orwellian fashion that "such disclosures put at risk our diplomats, intelligence professionals, and people around the world who come to the United States for assistance in promoting democracy and open government."

It is dispiriting and upsetting for anyone who cares about the American tradition of a free press to see Eric Holder, Hillary Clinton and Robert Gibbs turn into H.R. Haldeman, John Erlichman and John Dean. We can only pray that we won't soon be hit with secret White House tapes of Obama drinking scotch and slurring his words while calling Assange bad names.

Unwilling to let the Democrats adopt Nixon's anti-democratic, press-hating legacy as their own, Republican Congressman Peter King asserted that the publication of classified diplomatic cables is "worse even than a physical attack on Americans" and that Wikileaks should be officially designed as a terrorist organization. Mike Huckabee followed such blather to its logical conclusion by suggesting that Bradley Manning should be executed.

But the truly scandalous and shocking response to the Wikileaks documents has been that of other journalists, who make the Obama Administration sound like the ACLU. In a recent article in The New Yorker, the Pulitzer Prize-winning reporter Steve Coll sniffed that "the archives that WikiLeaks has published are much less significant than the Pentagon Papers were in their day" while depicting Assange as a "self-aggrandizing control-freak" whose website "lacks an ethical culture that is consonant with the ideals of free media." Channeling Richard Nixon, Coll labeled Wikileaks' activities - formerly known as journalism - by his newly preferred terms of "vandalism" and "First Amendment-inspired subversion."

Coll's invective is hardly unique, In fact, it was only a pale echo of the language used earlier this year by a columnist at his former employer, The Washington Post. In a column titled "WikiLeaks Must Be Stopped," Mark Thiessen wrote that "WikiLeaks is not a news organization; it is a criminal enterprise," and urged that the site should be shut down "and its leadership brought to justice." The dean of American foreign correspondents, John Burns of The New York Times, with two Pulitzer Prizes to his credit, contributed a profile of Assange which used terms like "nearly delusional grandeur" to describe Wikileaks' founder. The Times' normally mild-mannered David Brooks asserted in his column this week that "Assange seems to be an old-fashioned anarchist" and worried that Wikileaks will "damage the global conversation."

For his part, Assange has not been shy about expressing his contempt for the failure of traditional reporting to inform the public, and his belief in the utility of his own methods. "How is it that a team of five people has managed to release to the public more suppressed information, at that level, than the rest of the world press combined?" he told The Sydney Morning Herald. "It's disgraceful."

Assange may or may not be grandiose, paranoid and delusional - terms that might be fairly applied at one time or another to most prominent investigative reporters of my acquaintance. But the fact that so many prominent old school journalists are attacking him with such unbridled force is a symptom of the failure of traditional reporting methods to penetrate a culture of official secrecy that has grown by leaps and bounds since 9/11, and threatens the functioning of a free press as a cornerstone of democracy.

The true importance of Wikileaks -- and the key to understanding the motivations and behavior of its founder -- lies not in the contents of the latest document dump but in the technology that made it possible, which has already shown itself to be a potent weapon to undermine official lies and defend human rights. Since 1997, Assange has devoted a great deal of his time to inventing encryption systems that make it possible for human rights workers and others to protect and upload sensitive data. The importance of Assange's efforts to human rights workers in the field were recognized last year by Amnesty International, which gave him its Media Award for the Wikileaks investigation The Cry of Blood - Extra Judicial Killings and Disappearances, which documented the killing and disappearance of 500 young men in Kenya by the police, with the apparent connivance of the country's political leadership.

Yet the difficulties of documenting official murder in Kenya pale next to the task of penetrating the secret world that threatens to swallow up informed public discourse in this country about America's wars. The 250,000 cables that Wikileaks published this month represent only a drop in the bucket that holds the estimated 16 million documents that are classified top secret by the federal government every year. According to a three-part investigative series by Dana Priest and William Arkin published earlier this year in The Washington Post, an estimated 854,000 people now hold top secret clearance - more than 1.5 times the population of Washington, D.C. "The top-secret world the government created in response to the terrorist attacks of Sept. 11, 2001, has become so large, so unwieldy and so secretive," the Post concluded, "that no one knows how much money it costs, how many people it employs, how many programs exist within it or exactly how many agencies do the same work."

The result of this classification mania is the division of the public into two distinct groups: those who are privy to the actual conduct of American policy, but are forbidden to write or talk about it, and the uninformed public, which becomes easy prey for the official lies exposed in the Wikileaks documents: The failure of American counterinsurgency programs in Afghanistan, the involvement of China and North Korea in the Iranian nuclear program, the likely failure of attempts to separate Syria from Iran, the involvement of Iran in destabilizing Iraq, the anti-Western orientation of Turkish Prime Minister Recep Tayyip Erdogan, and other tenets of American foreign policy under both Bush and Obama.

It is a fact of the current media landscape that the chilling effect of threatened legal action routinely stops reporters and editors from pursuing stories that might serve the public interest - and anyone who says otherwise is either ignorant or lying. Every honest reporter and editor in America knows that the fact that most news organizations are broke, combined with the increasing threat of aggressive legal action by deep-pocketed entities, private and public, has made it much harder for good reporters to do their jobs, and ripped a hole in the delicate fabric that holds our democracy together.

The idea that Wikileaks is a threat to the traditional practice of reporting misses the point of what Assange and his co-workers have put together - a powerful tool that can help reporters circumvent the legal barriers that are making it hard for them to do their job. Even as he criticizes the evident failures of the mainstream press, Assange insists that Wikileaks should facilitate traditional reporting and analysis. "We're the step before the first person (investigates)," he explained, when accepting Amnesty International's award for exposing police killings in Kenya. "Then someone who is familiar with that material needs to step forward to investigate it and put it in political context. Once that is done, then it becomes of public interest."

Wikileaks is a powerful new way for reporters and human rights advocates to leverage global information technology systems to break the heavy veil of government and corporate secrecy that is slowly suffocating the American press. The likely arrest of Assange in Britain on dubious Swedish sex crimes charges has nothing to do with the importance of the system he has built, and which the US government seems intent on destroying with tactics more appropriate to the Communist Party of China -- pressuring Amazon to throw the site off their servers, and, one imagines by launching the powerful DDOS attacks that threatened to stop visitors from reading the pilfered cables.

In a memorandum entitled "Transparency and Open Government" addressed to the heads of Federal departments and agencies and posted on WhiteHouse.gov, President Obama instructed that "Transparency promotes accountability and provides information for citizens about what their Government is doing." The Administration would be wise to heed his words -- and to remember how badly the vindictive prosecution of Daniel Ellsberg ended for the Nixon Administration. And American reporters, Pulitzer Prizes and all, should be ashamed for joining in the outraged chorus that defends a burgeoning secret world whose existence is a threat to democracy.

David Samuels is a regular contributor to The Atlantic.

Court Dismisses Targeted Killing Case On Procedural Grounds Without Addressing Merits

Judge Acknowledges ACLU And CCR Case Raises Important Questions About Legality Of Obama Administration’s Claimed Authority To Kill Americans Outside Combat Zones

A federal court today acknowledged the serious issues raised by a lawsuit challenging the Obama administration’s targeted killing policy, but dismissed the case on the grounds that the plaintiff did not have legal standing to challenge the targeting of his son, and that the case raised “political questions” not subject to court review. The Center for Constitutional Rights (CCR) and the American Civil Liberties Union filed the lawsuit in August, charging that the administration's asserted authority to execute U.S. citizens outside combat zones who do not pose an imminent threat violates the U.S. Constitution and international law. The judge did not rule on the merits of the case.

Despite granting the government’s motion to dismiss the case, Judge John Bates of the U.S. District Court for the District of Columbia called the case “unique and extraordinary,” said it presented “[s]tark, and perplexing, questions” and found that the merits “present fundamental questions of separation of powers involving the proper role of the courts in our constitutional structure.” Ultimately, however, he dismissed the case on procedural grounds and found that “the serious issues regarding the merits of the alleged authorization of the targeted killing of a U.S. citizen overseas must await another day…”

“If the court’s ruling is correct, the government has unreviewable authority to carry out the targeted killing of any American, anywhere, whom the president deems to be a threat to the nation,” said Jameel Jaffer, Deputy Legal Director of the ACLU. “It would be difficult to conceive of a proposition more inconsistent with the Constitution or more dangerous to American liberty. It’s worth remembering that the power that the court invests in the president today will be available not just in this case but in future cases, and not just to the current president but to every future president. It is a profound mistake to allow this unparalleled power to be exercised free from the checks and balances that apply in every other context. We continue to believe that the government’s power to use lethal force against American citizens should be subject to meaningful oversight by the courts.”

The ACLU and CCR were retained by Nasser Al-Aulaqi to bring a lawsuit in connection with the government's decision to authorize the targeted killing of his son, U.S. citizen Anwar Al-Aulaqi. The lawsuit asked the court to rule that, outside the context of armed conflict, the government can carry out the targeted killing of an American citizen only as a last resort to address an imminent threat to life or physical safety. The lawsuit also asked the court to order the government to disclose the legal standard it uses to place U.S. citizens on government kill lists.

Judge Bates did not decide these issues, however, because he found that the plaintiff did not have the right to assert his son’s interests in court, and “that there are circumstances in which the Executive's unilateral decision to kill a U.S. citizen overseas is ‘constitutionally committed to the political branches’ and judicially unreviewable.” Regarding the latter “political question” issue, the judge acknowledged “the somewhat unsettling nature of its conclusion.”

"The court refused to hear a claim on behalf of a U.S. citizen under threat of death by his own government that his personal constitutional rights have been violated – exactly what the court itself acknowledges it appears no court has ever done,” said CCR attorney Pardiss Kebriaei. “The court's holding on the political question doctrine is indeed 'unsettling.'"

Judge Bates asked but did not answer the troubling question, “How is it that judicial approval is required when the United States decides to target a U.S. citizen overseas for electronic surveillance, but that, according to defendants, judicial scrutiny is prohibited when the United States decides to target a U.S. citizen overseas for death?”

The lawsuit was filed against CIA Director Leon Panetta, Defense Secretary Robert Gates and President Barack Obama in the U.S. District Court for the District of Columbia. Attorneys on the case are Jaffer, Ben Wizner, Jonathan Manes and Jennifer Turner of the ACLU; Kebriaei, Maria LaHood and Bill Quigley of CCR; and Arthur B. Spitzer of the ACLU of the Nation's Capital. Co-counsel in Yemen is Mohammed Allawo of the Allawo Law Firm and the National Organization for Defending Human Rights (HOOD).

In response to a related case challenging regulations that prohibited the ACLU and CCR from bringing a lawsuit on behalf of Nasser al-Aulaqi without first obtaining a license from the Treasury Department's Office of Foreign Assets Control (OFAC), the Treasury today issued significant amendments to its regulations. Among other changes, the new regulations mean that uncompensated attorneys will no longer be required to apply for a license in order to represent individuals before any domestic courts or administrative agencies.

Today’s decision and other documents related to the targeted killing case are available online at:
www.ccrjustice.org/targetedkillings and www.aclu.org/targetedkillings. For a PDF of the decision, click here. Documents related to the OFAC case are available online at: www.aclu.org/ofac

Hackers take down website of bank that froze WikiLeaks funds

By Daniel Tencer

A group of Internet activists calling themselves Operation Payback have taken credit for shutting down the website of a bank that earlier Monday froze funds belonging to WikiLeaks.

Announcing its successful hack on a Twitter account, the group declared, "We will fire at anyone that tries to censor WikiLeaks."

Earlier in the day, Swiss bank PostFinance issued a statement announcing that it had frozen 31,000 euro ($41,000 US) in an account set up as a legal defense fund for WikiLeaks founder Julian Assange.

The bank said it had frozen the account because, in opening it, Assange had claimed residency in Geneva.

"Assange cannot provide proof of residence in Switzerland and thus does not meet the criteria for a customer relationship with PostFinance," the bank said.

As of Monday evening, the PostFinance website was unavailable.

Operation Payback also promised a hack attack on PayPal, the online payment service that last week cut off WikiLeaks, denying the group a major tool for collecting donations from supporters.

With the financial noose tightening around WikiLeaks even as a legal one tightens around its founder's neck, Operation Payback has effectively declared war on the organizations working to hobble WikiLeaks.

"In these modern times, Internet access is fast becoming a basic human right," the group says in a video posted to YouTube. "Just like any other basic human right, we believe it is wrong to infringe upon it."

The video continues: "To move to censor content on the Internet based on your own prejudice is, at best, laughably impossible. The unjust restrictions you impose on us will meet with disaster, and only strengthen our resolve to disobey and rebel against your tyranny."

WikiLeaks has in recent days been under a deluge of cyber-attacks that led to its DNS registration for its .org URL being taken down, but by mid-Monday the site had reappeared on more than 500 different domains.

News sources in Britain reported late Monday that Assange has arranged to meet with British police on Tuesday, and will likely face a court hearing over an international warrant issued by Sweden in connection with accusations of sexual assault. The criminal probe does not allege non-consensual sex, only that Assange had sex with two women without a condom.

Supporters of the secret-spilling organization argue that the controversies surrounding WikiLeaks -- from the unusual criminal probe against Assange, to banks freezing their funds -- are part of a global campaign to shut down a website that has embarrassed world leaders on numerous occasions.

Julian Assange and the Computer Conspiracy; “To destroy this invisible government”

Posted by zunguzungu on November 29, 2010

“To radically shift regime behavior we must think clearly and boldly for if we have learned anything, it is that regimes do not want to be changed. We must think beyond those who have gone before us, and discover technological changes that embolden us with ways to act in which our forebears could not. Firstly we must understand what aspect of government or neocorporatist behavior we wish to change or remove. Secondly we must develop a way of thinking about this behavior that is strong enough carry us through the mire of politically distorted language, and into a position of clarity. Finally must use these insights to inspire within us and others a course of ennobling, and effective action.”

Julian Assange, “State and Terrorist Conspiracies”

The piece of writing (via) which that quote introduces is intellectually substantial, but not all that difficult to read, so you might as well take a look at it yourself. Most of the news media seems to be losing their minds over Wikileaks without actually reading these essays, even though he describes the function and aims of an organization like Wikileaks in pretty straightforward terms. But, to summarize, he begins by describing a state like the US as essentially an authoritarian conspiracy, and then reasons that the practical strategy for combating that conspiracy is to degrade its ability to conspire, to hinder its ability to “think” as a conspiratorial mind. The metaphor of a computing network is mostly implicit, but utterly crucial: he seeks to oppose the power of the state by treating it like a computer and tossing sand in its diodes.

He begins by positing that conspiracy and authoritarianism go hand in hand, arguing that since authoritarianism produces resistance to itself — to the extent that its authoritarianism becomes generally known — it can only continue to exist and function by preventing its intentions (the authorship of its authority?) from being generally known. It inevitably becomes, he argues, a conspiracy:

Authoritarian regimes give rise to forces which oppose them by pushing against the individual and collective will to freedom, truth and self realization. Plans which assist authoritarian rule, once discovered, induce resistance. Hence these plans are concealed by successful authoritarian powers. This is enough to define their behavior as conspiratorial.

The problem this creates for the government conspiracy then becomes the organizational problem it must solve: if the conspiracy must operate in secrecy, how is it to communicate, plan, make decisions, discipline itself, and transform itself to meet new challenges? The answer is: by controlling information flows. After all, if the organization has goals that can be articulated, articulating them openly exposes them to resistance. But at the same time, failing to articulate those goals to itself deprives the organization of its ability to process and advance them. Somewhere in the middle, for the authoritarian conspiracy, is the right balance of authority and conspiracy.

His model for imagining the conspiracy, then, is not at all the cliché that people mean when they sneer at someone for being a “conspiracy theorist.” After all, most the “conspiracies” we’re familiar with are pure fantasies, and because the “Elders of Zion” or James Bond’s SPECTRE have never existed, their nonexistence becomes a cudgel for beating on people that would ever use the term or the concept. For Assange, by contrast, a conspiracy is something fairly banal, simply any network of associates who act in concert by hiding their concerted association from outsiders, an authority that proceeds by preventing its activities from being visible enough to provoke counter-reaction. It might be something as dramatic as a loose coalition of conspirators working to start a war with Iraq/n, or it might simply be the banal, everyday deceptions and conspiracies of normal diplomatic procedure.

He illustrates this theoretical model by the analogy of a board with nails hammered into it and then tied together with twine:

First take some nails (“conspirators”) and hammer them into a board at random. Then take twine (“communication”) and loop it from nail to nail without breaking. Call the twine connecting two nails a link. Unbroken twine means it is possible to travel from any nail to any other nail via twine and intermediary nails…Information flows from conspirator to conspirator. Not every conspirator trusts or knows every other conspirator even though all are connected. Some are on the fringe of the conspiracy, others are central and communicate with many conspirators and others still may know only two conspirators but be a bridge between important sections or groupings of the conspiracy…

Conspirators are often discerning, for some trust and depend each other, while others say little. Important information flows frequently through some links, trivial information through others. So we expand our simple connected graph model to include not only links, but their “importance.”

Return to our board-and-nails analogy. Imagine a thick heavy cord between some nails and fine light thread between others. Call the importance, thickness or heaviness of a link its weight. Between conspirators that never communicate the weight is zero. The “importance” of communication passing through a link is difficult to evaluate apriori, since its true value depends on the outcome of the conspiracy. We simply say that the “importance” of communication contributes to the weight of a link in the most obvious way; the weight of a link is proportional to the amount of important communication flowing across it. Questions about conspiracies in general won’t require us to know the weight of any link, since that changes from conspiracy to conspiracy.

Such a network will not be organized by a flow chart, nor would it ever produce a single coherent map of itself (without thereby hastening its own collapse). It is probably fairly acephalous, as a matter of course: if it had a single head (or a singular organizing mind which could survey and map the entirety), then every conspirator would be one step from the boss and a short two steps away from every other member of the conspiracy. A certain amount of centralization is necessary, in other words (otherwise there is no conspiracy), but too much centralization makes the system vulnerable.

To use The Wire as a ready-to-hand example, imagine if Avon Barksdale was communicating directly with Bodie. All you would ever have to do is turn one person — any person — and you would be one step away from the boss, whose direct connection to everyone else in the conspiracy would allow you to sweep them all up at once. Obviously, no effective conspiracy would ever function this way. Remember Stringer Bell’s “is you taking notes on a criminal fucking conspiracy?” To function effectively, the primary authority has to be disassociated from all other members of the conspiracy, layers of mediation which have to be as opaque as possible to everyone concerned (which a paper trail unhelpfully clarifies). But while the complexity of these linkages shield the directing authority from exposure, they also limit Avon Barksdale’s ability to control what’s going on around him. Businesses run on their paperwork! And the more walls you build around him, the less he might be able to trust his lieutenants, and the less they’ll require (or tolerate) him.

This, Assange reasons, is a way to turn a feature into a bug. And his underlying insight is simple and, I think, compelling: while an organization structured by direct and open lines of communication will be much more vulnerable to outside penetration, the more opaque it becomes to itself (as a defense against the outside gaze), the less able it will be to “think” as a system, to communicate with itself. The more conspiratorial it becomes, in a certain sense, the less effective it will be as a conspiracy. The more closed the network is to outside intrusion, the less able it is to engage with that which is outside itself (true hacker theorizing).

His thinking is not quite as abstract as all that, of course; as he quite explicitly notes, he is also understanding the functioning of the US state by analogy with successful terrorist organizations. If you’ve seen The Battle of Algiers, for example, think of how the French counter-terrorist people work to produce an organizational flow chart of the Algerian resistance movement: since they had overwhelming military superiority, their inability to crush the FLN resided in their inability to find it, an inability which the FLN strategically works to impede by decentralizing itself. Cutting off one leg of the octopus, the FLN realized, wouldn’t degrade the system as a whole if the legs all operated independently. The links between the units were the vulnerable spots for the system as a whole, so those were most closely and carefully guarded and most hotly pursued by the French. And while the French won the battle of Algiers, they lost the war, because they adopted the tactics Assange briefly mentions only to put aside:

How can we reduce the ability of a conspiracy to act?…We can split the conspiracy, reduce or eliminating important communication between a few high weight links or many low weight links. Traditional attacks on conspiratorial power groupings, such as assassination, have cut high weight links by killing, kidnapping, blackmailing or otherwise marginalizing or isolating some of the conspirators they were connected to.

This is the US’s counterterrorism strategy — find the men in charge and get ’em — but it’s not what Assange wants to do: such a program would isolate a specific version of the conspiracy and attempt to destroy the form of it that already exists, which he argues will have two important limitations. For one thing, by the time such a conspiracy has a form which can be targeted, its ability to function will be quite advanced. As he notes:

“A man in chains knows he should have acted sooner for his ability to influence the actions of the state is near its end. To deal with powerful conspiratorial actions we must think ahead and attack the process that leads to them since the actions themselves can not be dealt with.”

By the time a cancer has metastasized, in other words, antioxidents are no longer effective, and even violent chemotherapy is difficult. It’s better, then, to think about how conspiracies come into existence so as to prevent them from forming in the first place (whereas if you isolate the carcinogen early enough, you don’t need to remove the tumor after the fact). Instead, he wants to address the aggregative process itself, by impeding the principle of its reproduction: rather than trying to expose and cut particular links between particular conspirators (which does little to prevent new links from forming and may not disturb the actual functioning of the system as a whole), he wants to attack the “total conspiratorial power” of the entire system by figuring out how to reduce its total ability to share and exchange information among itself, in effect, to slow down its processing power. As he puts it:

Conspiracies are cognitive devices. They are able to outthink the same group of individuals acting alone Conspiracies take information about the world in which they operate (the conspiratorial environment), pass through the conspirators and then act on the result. We can see conspiracies as a type of device that has inputs (information about the environment), a computational network (the conspirators and their links to each other) and outputs (actions intending to change or maintain the environment).

Because he thinks of the conspiracy as a computational network, he notes in an aside that one way to weaken its cognitive ability would be to degrade the quality of its information:

Since a conspiracy is a type of cognitive device that acts on information acquired from its environment, distorting or restricting these inputs means acts based on them are likely to be misplaced. Programmers call this effect garbage in, garbage out. Usually the effect runs the other way; it is conspiracy that is the agent of deception and information restriction. In the US, the programmer’s aphorism is sometimes called “the Fox News effect”.

I’m not sure this is what he means, but it’s worth reflecting that the conspiracy’s ability to deceive others through propaganda can also be the conspiracy’s tendency to deceive itself by its own propaganda. So many people genuinely drink the Kool-Aid, after all. Would our super-spies in Afghanistan ever have been so taken in by the imposter Taliban guy if they didn’t, basically, believe their own line of propaganda, if they didn’t convince themselves — even provisionally — that we actually are winning the war against Talibothra? The same is true of WMD; while no one in possession of the facts could rationally conclude that Saddam Hussein then (or Iran now) are actually, positively in pursuit of WMD’s, this doesn’t mean that the people talking about ticking time bombs don’t actually believe that they are. It just means they are operating with bad information about the environment. Sometimes this works in their favor, but sometimes it does not: if Obama thinks Afghanistan is winnable, it may sink his presidency, for example, while the belief of his advisors that the economy would recover if the government rescued only the banks almost certainly lost the midterm elections for the Democrats (and was the death-knell for so many of the Blue Dogs who were driving that particular policy choice). Whether this actually hurts the conspiracy is unclear; those Blue Dogs might have lost their seats, but most of them will retire from public service to cushy jobs supported by the sectors they supported while they were in public service. And lots of successful politicians do nothing but fail.

This is however, not where Assange’s reasoning leads him. He decides, instead, that the most effective way to attack this kind of organization would be to make “leaks” a fundamental part of the conspiracy’s information environment. Which is why the point is not that particular leaks are specifically effective. Wikileaks does not leak something like the “Collateral Murder” video as a way of putting an end to that particular military tactic; that would be to target a specific leg of the hydra even as it grows two more. Instead, the idea is that increasing the porousness of the conspiracy’s information system will impede its functioning, that the conspiracy will turn against itself in self-defense, clamping down on its own information flows in ways that will then impede its own cognitive function. You destroy the conspiracy, in other words, by making it so paranoid of itself that it can no longer conspire:

The more secretive or unjust an organization is, the more leaks induce fear and paranoia in its leadership and planning coterie. This must result in minimization of efficient internal communications mechanisms (an increase in cognitive “secrecy tax”) and consequent system-wide cognitive decline resulting in decreased ability to hold onto power as the environment demands adaption. Hence in a world where leaking is easy, secretive or unjust systems are nonlinearly hit relative to open, just systems. Since unjust systems, by their nature induce opponents, and in many places barely have the upper hand, mass leaking leaves them exquisitely vulnerable to those who seek to replace them with more open forms of governance.

The leak, in other words, is only the catalyst for the desired counter-overreaction; Wikileaks wants to provoke the conspiracy into turning off its own brain in response to the threat. As it tries to plug its own holes and find the leakers, he reasons, its component elements will de-synchronize from and turn against each other, de-link from the central processing network, and come undone. Even if all the elements of the conspiracy still exist, in this sense, depriving themselves of a vigorous flow of information to connect them all together as a conspiracy prevents them from acting as a conspiracy. As he puts it:

If total conspiratorial power is zero, then clearly there is no information flow between the conspirators and hence no conspiracy. A substantial increase or decrease in total conspiratorial power almost always means what we expect it to mean; an increase or decrease in the ability of the conspiracy to think, act and adapt…An authoritarian conspiracy that cannot think is powerless to preserve itself against the opponents it induces.

In this sense, most of the media commentary on the latest round of leaks has totally missed the point. After all, why are diplomatic cables being leaked? These leaks are not specifically about the war(s) at all, and most seem to simply be a broad swath of the everyday normal secrets that a security state keeps from all but its most trusted hundreds of thousands of people who have the right clearance. Which is the point: Assange is completely right that our government has conspiratorial functions. What else would you call the fact that a small percentage of our governing class governs and acts in our name according to information which is freely shared amongst them but which cannot be shared amongst their constituency? And we all probably knew that this was more or less the case; anyone who was surprised that our embassies are doing dirty, secretive, and disingenuous political work as a matter of course is naïve. But Assange is not trying to produce a journalistic scandal which will then provoke red-faced government reforms or something, precisely because no one is all that scandalized by such things any more. Instead, he is trying to strangle the links that make the conspiracy possible, to expose the necessary porousness of the American state’s conspiratorial network in hopes that the security state will then try to shrink its computational network in response, thereby making itself dumber and slower and smaller.

Early responses seem to indicate that Wikileaks is well on its way to accomplishing some of its goals. As Simon Jenkins put it (in a great piece in its own right) “The leaks have blown a hole in the framework by which states guard their secrets.” And if the diplomats quoted by Le Monde are right that, “we will never again be able to practice diplomacy like before,” this is exactly what Wikileaks was trying to do. It’s sort of pathetic hearing diplomats and government shills lament that the normal work of “diplomacy” will now be impossible, like complaining that that the guy boxing you out is making it hard to get rebounds. Poor dears. If Assange is right to point out that his organization has accomplished more state scrutiny than the entire rest of the journalistic apparatus combined, he’s right but he’s also deflecting the issue: if Wikileaks does some of the things that journalists do, it also does some very different things. Assange, as his introductory remarks indicate quite clearly, is in the business of “radically shift[ing] regime behavior.”

If Wikileaks is a different kind of organization than anything we’ve ever seen before, it’s interesting to see him put himself in line with more conventional progressivism. Assange isn’t off base, after all, when he quotes Theodore Roosevelt’s words from his 1912 Progressive party presidential platform as the epigraph to the first essay; Roosevelt realized a hundred years ago that “Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people,” and it was true, then too, that “To destroy this invisible government, to befoul this unholy alliance between corrupt business and corrupt politics is the first task of statesmanship.” Assange is trying to shit all over this unholy alliance in ways that the later and more radical Roosevelt would likely have commended.

It’s worth closing, then, by recalling that Roosevelt also coined the term “muckraker,” and that he did so as a term of disparagement. Quoting from Pilgrim’s Progress, he cited the example of the “Muck-Raker” who could only look down, whose perspective was so totally limited to the “muck” that it was his job to rake, he had lost all ability to see anything higher. Roosevelt, as always, is worth quoting:

In Bunyan’s Pilgrim’s Progress you may recall the description of the Man with the Muck-rake, the man who could look no way but downward, with the muckrake in his hand; who was offered a celestial crown for his muck-rake, but who would neither look up nor regard the crown he was offered, but continued to rake to himself the filth of the floor…the Man with the Muck-rake is set forth as the example of him whose vision is fixed on carnal instead of on spiritual things. Yet he also typifies the man who in this life consistently refuses to see aught that is lofty, and fixes his eyes with solemn intentness only on that which is vile and debasing. Now, it is very necessary that we should not flinch from seeing what is s vile and debasing. There is filth on the floor, and it must be scraped up with the muck-rake; and there are times and places where this service is the most needed of all the services that can be performed. But the man who never does anything else, who never thinks or speaks or writes save of his feats with the muck-rake, speedily becomes, not a help to society, not an incitement to good, but one of the most potent forces for evil. There are, in the body politic, economic, and social, many and grave evils, and there is urgent necessity for the sternest war upon them. There should be relentless exposure of and attack upon every evil man, whether politician or business man, every evil practice, whether in politics, in business, or in social life. I hail as a benefactor every writer or speaker, every man who, on the platform, or in book, magazine, or newspaper, with merciless severity makes such attack, provided always that he in his turn remembers that the attack is of use only if it is absolutely truthful…

Roosevelt was many things when he uttered those words, but he was not wrong. There is a certain vicious amorality about the Mark Zuckerberg-ian philosophy that all transparency is always and everywhere a good thing, particularly when it’s uttered by the guy who’s busily monetizing your radical transparency. And the way most journalists “expose” secrets as a professional practice — to the extent that they do — is just as narrowly selfish: because they publicize privacy only when there is profit to be made in doing so, they keep their eyes on the valuable muck they are raking, and learn to pledge their future professional existence on a continuing and steady flow of it. In muck they trust.

According to his essay, Julian Assange is trying to do something else. Because we all basically know that the US state — like all states — is basically doing a lot of basically shady things basically all the time, simply revealing the specific ways they are doing these shady things will not be, in and of itself, a necessarily good thing. In some cases, it may be a bad thing, and in many cases, the provisional good it may do will be limited in scope. The question for an ethical human being — and Assange always emphasizes his ethics — has to be the question of what exposing secrets will actually accomplish, what good it will do, what better state of affairs it will bring about. And whether you buy his argument or not, Assange has a clearly articulated vision for how Wikileaks’ activities will “carry us through the mire of politically distorted language, and into a position of clarity,” a strategy for how exposing secrets will ultimately impede the production of future secrets. The point of Wikileaks — as Assange argues — is simply to make Wikileaks unnecessary.

Tuesday, December 7, 2010

Chicago activists protest latest round of FBI subpoenas

Posted by kszremski

A group of about 100 activists braved frigid temperatures to protest the latest round of FBI subpoenas in front of the Dirksen Federal Building in Chicago Monday night.

The FBI issues summons to appear before a federal grand jury to three college students Friday. They are scheduled to appear on Jan. 25, said their attorney Jim Fennerty of the National Lawyers Guild. The women are being targeted because they traveled to the Palestinian occupied territory of the West Bank, he added.

The new subpoenas bring to 17 the number of activists throughout the Midwest that have been targeted by the FBI for their Palestinian and Colombian solidarity work.

On Sept. 24, the FBI raided several homes in Minnesota, Chicago and Michigan and issued to subpoenas to 14 people.

To date, all 14 have refused to testify, causing Patrick Fitzgerald, U.S. Attorney for the Northern District of Illinois, to withdraw the summons. However, he has since reissued subpoenas to three Minnesota women, who are facing “indeterminate imprisonment” if they refuse to testify again, said Maureen Murphy of the Committee to Stop FBI Repression.

The national committee was formed in response to the Sept. 24 FBI raids.

Grand juries are used to determine whether to charge a person with a crime. They differ from juries in criminal trials in that they are not screened for bias, according to the website Grand Jury Resistance Project. In addition, grand juries are conducted in secret without a judge and defense lawyers are not allowed into the room with their clients. However, they may confer with their clients outside the courtroom.

Many people claim that grand juries are misused to silence political opposition.

“Because of their broad subpoena powers and secretive nature, grand juries have been used by the government to gather information on political movements and to disrupt those movements by causing fear and mistrust,” the Grand Jury Resistance Project website states.

That’s a stance the National Lawyers Guild takes. According to its website, the Guild denounces the recent FBI actions.

“The Guild denounces the attacks on free speech, freedom of association, and the right to dissent that these actions represent,” the website states. “The raids and summonses reflect escalating hostility toward individuals and groups working in solidarity with the Palestinian and Colombian people and are blatantly political attacks on peaceful activists.”

The NLG has established a hotline for activists contacted by the FBI and has issued a Know Your Rights brochure and other information.

Murphy was upbeat about the event. The “push back” against the government has show results. Rallies and demonstrations have taken place in at least 60 cities nationwide, she said.