Manning Down.

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

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

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

The Eyes of the White Tower.

“Consider the basic premise of Tolkien’s trilogy: a small group of dedicated subversives willing to sacrifice their lives slips in under the surveillance system of a great power, blends in with an alien population, and delivers a devastating blow to the heart of its empire, leaving its security forces in disarray and its populace terrified. Even a tower or two crumbles to dust.”

You know of what I speak, Snowden…a Great Eye, lidless, wreathed in flame. From the bookmarks, academics David Rosen and Aaron Santesso employ Tolkien to explain the modern surveillance state. “[I]n Sauron, Tolkien is able to imagine a figure of godlike power and seemingly infinite resources, but crippling interpretive fallibility.”

A bit overwrought, perhaps, but food for thought. And they neglected to mention another telling similarity: The hearts of Men are easily corrupted.

Smorgasbord of Vengeance.

Lots of scores to settle and cold dishes served in the trailer bin of late…

Antebellum musician Solomon Northrup (Chiwetel Ejiofor) finds himself way down on the wrong side of the Mason-Dixon line in our first look at Steve McQueen’s 12 Years a Slave, also with Benedict Cumberbatch, Paul Dano, Michael Fassbender, Paul Giamatti, Lupita Nyong’o, Sarah Paulson, Brad Pitt, and Alfre Woodard.

Some strange musical cues here, including the themes from Pearl Harbor and The Wolfman (the latter used to better effect in the original, still-creepy Tinker Tailor teaser). In any case, I liked Hunger and Shame less than most, but I’d be up to give this a go.

Please Hammer Don’t Hurt ‘Em: Josh Brolin discovers to his dismay that he can check in but never leave in the red-band trailer for Spike Lee’s remake of Park Chan-wook’s Oldboy, also with Elizabeth Olsen, Sharlto Copley, Samuel L. Jackson, Michael Imperioli, Lance Reddick, and James Ransone. I’m still trying to un-watch the original — some things involving octopi and tongues I wish I never saw in that there film.

One good remake deserves another: Deserve’s still got nothing to do with it as Ken Watanabe fills Clint Eastwood’s shoes for Sang-il Lee’s Yurusarezaru mono, the Japanese remake of Unforgiven, also with Akira Emoto, Koichi Sato, and Yuya Yagira. From The Seven Samurai to The Magnificent Seven, there’s a long and fertile history for this sort of cultural exchange, so I’d watch it.

What I likely won’t be watching is Sergei Bodrov’s fantasy epic Seventh Son, based on a series I haven’t heard of called The Wardstone Chronicles, even if it does have Jeff and Maude Lebowski operating on opposite sides of the ball. (Between this and R.I.P.D., Bridges seems to be in full “paying for an extension to my house” mode these days.)

I thought at first this might be based on Susan Cooper’s The Dark is Rising, but then I remembered they already made a lousy adaptation of that a few years ago. In any case, also along for the ride: Ben Barnes, Kit Harington, Alicia Vikander, Djimon Hounsou, Jason Scott Lee, and Antje Traue.

When bad things happen to his brother (Casey Affleck), Christian Bale goes vigilante to take down the local ne’er-do-well (Woody Harrelson) in the first trailer for Scott Cooper’s Out of the Furnace, also with Zoe Saldana, Willem Dafoe, Forrest Whitaker, and Sam Shepard. (TL;DR: Bale meets Death Wish meets Winter’s Bone.) Alrighty then.

When bad things happen to his brother (Matt Barnes), Ryan Gosling goes vigilante to take down the local ne’er-do-well (Vithaya Pansringarm) in the newest trailer for Nicholas Winding Refn’s Only God Forgives.

Along with presumably another hyper-catchy soundtrack like Refn and Gosling’s Drive, this also has the added benefit of Kristin Scott Thomas apparently doing her “Ben Kingsley in Sexy Beast/Ralph Fiennes in In Bruges” turn. As with Oldboy, I expect this to be hyper-violent, tho’.

And finally Wong Kar-Wai, Yuen Woo Ping, Tony Leung, and Zhang Ziyi band together to tell the story of Ip Man (again) in the newest trailer for The Grandmaster. This still looks to me like an unnecessary remake of the third Matrix movie, but you can’t fault the pedigree involved.

Update: One more down the pike today: Benedict Cumberbatch channels Julian Assange, and has some Social Network-style angst with his partner Daniel Bruhl, in the first trailer for Bill Condon’s The Fifth Estate, with Anthony Mackie, David Thewlis, Alicia Vikander, Peter Capaldi, Carice van Houten, Dan Stevens, Stanley Tucci and Laura Linney. Linney’s smarmy “truth, justice, and the American way” line is wince-inducing, but otherwise this could be promising.

Update 2: Blanchett, meet Blanche DuBois? After Madoff-y husband Alec Baldwin becomes only the second person in America to be prosecuted for misdealings during the financial crisis, Cate Blanchett learns how the other half lives in the first trailer for Woody Allen’s Blue Jasmine, with Sally Hawkins, Bobby Cannavale, Andrew Dice Clay(?), Michael Stuhlbarg, and (hopefully) the Woodster’s new best friend, Louis C.K.

Online All the Way.

Hello all. So after a month or so of significant work — hence, the relative quiet around these parts of late — I have followed up on my earlier promise/threat and transformed all 1200+ pages of my dissertation into Uphill All the Way, the online edition.

The text was actually already available online in PDF form through Columbia’s Academic Commons, which is one of the reasons I thought converting it for better HTML presentation was a good idea. Now, hopefully, one can peruse the chapters more easily (or someone can skip around to the parts they are interested in.)

I don’t know if this is reassuring or depressing, but reading through it all again over the past month and change, I was once again struck by how much of this story resonates with recent events. Long before the disappointment of the current administration, ostensible progressive Woodrow Wilson had cracked down on civil liberties and broken the heart of the world at Versailles. Before Bradley Manning and Edward Snowden, there was Eugene Debs and Sacco and Vanzetti. Before Austerity, there was Coolidge “Parsimony”. Before Katrina, the Great Mississippi Flood. Before Holder, Palmer. Before today’s continuing fight over evolution, Scopes. Before the recent news of forced sterilizations in California prisons, breaking just this past weekend, there was Buck v. Bell.

Instead of the Tea Party, there were 100% Americans and an Invisible Empire. Instead of fretting about “Obamacare” and “Kenyan Socialists,” conservatives rallied against the Sheppard-Towner Act and a Catholic in the White House. Instead of a War on Drugs, there was a Noble Experiment.

Then as now, civil liberties, corporate corruption, and immigration reform were major issues of the day. Then as now, the Supreme Court was a roadblock to positive change. Then as now, a culture of prosperity masked inequality and deep injustices in American life, and an ascendant business class aimed to leverage its considerable political influence to stamp out workers’ right to organize.

In the 1920s just as much as the 2010’s, progressives struggled to organize in opposition, and began to seriously question the two-party system. Then as now, many lost heart in the possibility of change. And, then as now, the push to make a more just and progressive America was, as always, Uphill all the Way.

Enjoy!

Our Criminal Surveillance State.

“Leave aside the Patriot Act and FISA Amendments Act for a moment, and turn to the Constitution. The Fourth Amendment obliges the government to demonstrate probable cause before conducting invasive surveillance. There is simply no precedent under the Constitution for the government’s seizing such vast amounts of revealing data on innocent Americans’ communications.”

As scholars Jennifer Stisa Granick and Christopher Jon Sprigman remind us in the NYT, make no mistake: the NSA’s current surveillance regime is entirely illegal. “We may never know all the details of the mass surveillance programs, but we know this: The administration has justified them through abuse of language, intentional evasion of statutory protections, secret, unreviewable investigative procedures and constitutional arguments that make a mockery of the government’s professed concern with protecting Americans’ privacy. It’s time to call the N.S.A.’s mass surveillance programs what they are: criminal.”

As I said last time, this shouldn’t even be in dispute. But far too many ostensible Democrats seem to assume this culture of lawlessness is ok now that Obama’s at the helm. Once again, we have lost our way.

“If convicted on all three counts, the former N.S.A. contract-systems administrator could face thirty years in jail. On the Sunday-morning talk shows I watched, there weren’t many voices saying that would be an excessive punishment for someone who has performed an invaluable public service.” In related news, The New Yorker‘s John Cassidy laments the cowardice of today’s media with regards to the fate of Edward Snowden: “The Obama Administration doesn’t want him to come home and contribute to the national-security-versus-liberty debate that the President says is necessary. It wants to lock him up for a long time”

The mantra of good journalism should be to afflict the comfortable and comfort the afflicted, but, here again, our broken, trivia-obsessed, lapdog-riddled fourth estate has it exactly backward. It is infuriating to behold.

Still, at the very least, Frank Rich has ably summed up all you need to know about NBC’s David Gregory, who recently queried on-air whether Glenn Greenwald should be jailed for breaking the Snowden story:

“Is David Gregory a journalist? As a thought experiment, name one piece of news he has broken, one beat he’s covered with distinction, and any memorable interviews he’s conducted that were not with John McCain, Lindsey Graham, Dick Durbin, or Chuck Schumer…In any case, his charge is preposterous…I propose that Gregory be full-time on Today, where he can speak truth to power by grilling Paula Deen.”

Cold Irons Bound.

“Our prison system is increasingly built and run by for-profit corporations, who have a financial interest in increasing the number of people in prison while decreasing the amount of money it costs to house them. Since 1980, the US prison population has grown by 790%. We have the largest prison population of any nation in the history of the world. One in three African-American men will go to jail at some point in his life.”

In The Guardian Jill Filipovic examines the national shame that is our private prison-industrial complex. “Imprisoning that many people, most of them for non-violent offenses, doesn’t come cheap, especially when you’re paying private contractors…who are doing quite well living off of American corporate welfare -– at the expense of the American taxpayer.” $50 billion a year — that funds a lot of stadium.

This article was found, by the way, in Slate‘s discussion of Sesame Street’s new incarceration kit, which helps explain to 3-8-year-olds that their parent has gone to jail. “That this even has to exist in the first place shows how much pointless damage our prison system does not just to people who are caught up in the overly punitive, often racially biased justice system, but also to their families.”

It’d be nice to say this fiasco is on the national agenda, but, Jim Webb’s efforts in 2009 and some green shoots earlier in the year notwithstanding, Congress and the Obama administration, for all their talk of belt-tightening, seem pretty content with this ridiculous status quo. (One key reason: felons can’t vote.) But, hey, you know who they still don’t put in jail these days? Wolves of Wall Street. So there’s that.

Snowden’s Secret.

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

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

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

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

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

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

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

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

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

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

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

More than Words.

“And yet, as our fight enters a new phase, America’s legitimate claim of self-defense cannot be the end of the discussion. To say a military tactic is legal, or even effective, is not to say it is wise or moral in every instance. For the same human progress that gives us the technology to strike half a world away also demands the discipline to constrain that power — or risk abusing it.”

Didn’t get to this before heading out for a Memorial Day weekend camping trip: As y’all know by now, President Obama delivered a much-hailed State of the War on Terror address at the National Defense University, during which he called for the eventual repeal of AUMF, tighter oversight of drone strikes, and the closing of the Gitmo Gulag at last. “Our systematic effort to dismantle terrorist organizations must continue. But this war, like all wars, must end. That’s what history advises. That’s what our democracy demands.”

Sounds great! When’s it happening? Er…well, that’s that trick, isn’t it? When it comes to the first promise — the repeal of AUMF — as Brooking’s Benjamin Witte noted: “Obama does not need Congress to narrow or repeal the AUMF or to get off of a war footing. He can do it himself, declaring hostilities over in whole or in part. And Obama, needless to say, did not do anything like that.”

Ok, what about drone strikes? As Fred Kaplan and others — including the heckler at the speech — have pointed out, President Obama did not promise to transfer drone strike authority from the CIA (where they remain covert) to the military (where there’s more possibility of oversight.) Nor did he pledge to end “signature strikes,” meaning the current practice of unleashing fiery death upon unknown parties because they seem to be acting shady. This “supposedly new, restrictive policy on drone strikes,” writes Kaplan, “was neither new nor restrictive…In short, the speech heralded nothing new when it comes to drone strikes.”

Instead, Obama defended his drone policy as legal and effective. At one point, he asserted “for the record, I do not believe it would be constitutional for the government to target and kill any U.S. citizen — with a drone, or with a shotgun — without due process.” And then, in the very next paragraph, he asserts that particular executive prerogative in the matter of Anwar Awlaki — assassinated without due process. (FWIW, Obama is clearly using the Colbert reasoning here: “Trial by jury, trial by fire, rock, paper scissors, who cares? Due process just means that there is a process that you do. The current process is apparently, first the president meets with his advisers and decides who he can kill. Then he kills them.”)

As for Gitmo…well, we have been here before, so fool me once and all that. “‘The speech was deeply disappointing,’ says David Remes, a lawyer who has represented a number of Yemenis held at Guantanamo – adding that Obama only ‘created the illusion of forward momentum.’…The president has the power to issue national security waivers and direct the Secretary of Defense to certify detainee transfer if they are deemed not a national security threat – something human rights groups have been advocating. Didn’t hear much about that in the president’s address.

Yes, the paragraphs I quoted from the speech above at the onset are laudable, and yes, I suppose some people might find it vaguely comforting to know that the force of these issues weigh on the presidential mind in a way they didn’t between 2001 and 2008. But let’s be honest. It has been a troubling tendency of this administration — and by troubling tendency I mean signature pattern — to follow up lofty, progressive-minded rhetoric with absolutely no action of consequence. We need more than words from this president.

Yes, We Tortured.

“‘[I]t is indisputable that the United States engaged in the practice of torture’ and that the nation’s highest officials bore ultimate responsibility for it…The use of torture, the report concludes, has ‘no justification’ and ‘damaged the standing of our nation, reduced our capacity to convey moral censure when necessary and potentially increased the danger to U.S. military personnel taken captive.’ The task force found ‘no firm or persuasive evidence’ that these interrogation methods produced valuable information that could not have been obtained by other means.”

A “nonpartisan, independent review of interrogation and detention programs in the years after the Sept. 11, 2001, terrorist attacks,” headed by two former Members of Congress (Republican Asa Hutchinson and Democrat James Jones) offers an in-depth investigative report on our national post-9/11 torture regime.

“The sweeping, 577-page report says that while brutality has occurred in every American war, there never before had been ‘the kind of considered and detailed discussions that occurred after 9/11 directly involving a president and his top advisers on the wisdom, propriety and legality of inflicting pain and torment on some detainees in our custody.'”

Of course, we have known all this for awhile now. And yet, just as with the folks who brought us the financial crisis, there has been zero accountability coming from Obama’s Justice Department or anywhere else. Instead, our powers-that-be have been too busy trying to round up purported public enemies like Bradley Manning and Aaron Swartz.

And yet, as this report unequivocally lays out, the evidence of an American torture regime, planned and carried out after 9/11 at the highest levels of government, is indisputable. For the rule of law’s sake as much as for the values we purportedly stand for, we still need a reckoning.

Keep Running Strong.

“The Marathon was the old, drunk uncle of Boston sports, the last of the true festival events. Every other one of our major sporting rodeos is locked down, and tightened up, and Fail-Safed until the Super Bowl now is little more than NORAD with bad rock music and offensive tackles. You can’t do that to the Marathon. There was no way to do it…Now there will be. Someone will find a way to do it. And I do not know what the race will be now. I literally haven’t the vaguest clue.”

Charlie Pierce reports in from the aftermath of the Boston Marathon bombings, which to-date have killed three and injured over 140. “Horror has no shelf life anymore. Everybody knows already. Everybody’s a newsman. Everybody’s in showbiz.”

Obviously, yesterday was horrible. Let’s mourn our dead and help our wounded. Let’s honor our first responders and civilian heroes like Carlos Arredondo, the “man in the cowboy hat.” Let’s figure out exactly what happened here and bring the perpetrators to justice. And then, let’s hold our heads high and work to live our lives without fear.

In other words, Keep Calm and Bost On. As I said this past 9/11, we can’t afford to collectively lose our minds again after these sorts of attacks. That’s exactly what purveyors of terrorism want us to do — That’s the entire point. You can see it in Iraq, where 55 died yesterday from car bombs. You can see it in all the ways we fell astray from our fundamental American values after the last attack on our home soil (notwithstanding mass shootings like Tuscon, Aurora, and Newtown.)

When we were tested in this regard after 9/11, we failed in far too many ways. Let’s all try to do better this time. We must love one another or die.

Update: What Martin Richard said.