Continued Injuries and Usurpations.

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

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

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

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

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

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

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

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

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

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

Well, Mars is the Red Planet…

“Informant stated that the general aim of these science fiction writers is to frighten the people into a state of paralysis or psychological incompetence bordering on hysteria which would make it very possible to conduct a Third World War in which the American people would seriously believe [sic] could not be won since their morale had been seriously destroyed.”

They’re coming to get you, Bradbury…Apparently, the author of The Martian Chronicles was on the FBI’s Communist watchlist in the 50’s and 60’s for penning potentially subversive “science fiction” stories. “Using a Freedom of Information Act Request, the Huffington Post received a copy of Bradbury’s file, and it turns out the FBI checked Bradbury’s passport records and staked out his house.

Devil in a Blue Dress.


(Ok, admittedly, that’s still unsubstantiated. Sorry, couldn’t resist.) In any event, a sturdy and plodding workhorse of a biopic, Clint Eastwood’s J. Edgar attempts to humanize the man who fanned forty years of fears about Communism to become architect of the F.B.I. and one of the most powerful figures in Washington. It’s…not bad, and I would say I was engaged for most of the movie’s run. But, even despite all the Brokeback Mountain-style kabuki restraint that Eastwood must’ve felt he had to employ to do justice to the are-they-or-aren’t-they relationship of Hoover and longtime partner Clyde Tolson, a film about a figure as polarizing as J. Edgar Hoover should take stronger stands about its subject. Despite some very good (and, in di Caprio’s case, very bizarre) performances, this is mostly biopic mush.

It doesn’t help that Eastwood has yet again opted for the tinkly piano and gray palette that seems to characterize all of his historical pictures. This worked wonders for Letters of Iwo Jima, not so much for Flags of our Fathers and this film. Here, Eastwood has set a story beginning in 1919 — perhaps the most lurid and tumultuous single year for America in the 20th century (I’m only ever-so-slightly biased on this) — and made it look like a drab, washed-out daguerrotype. In that fateful summer, after an anarchist’s bomb blows up the front porch of Attorney General A. Mitchell Palmer’s house in the ritzy West End of Washington (his neighbors, Franklin and Eleanor Roosevelt, had just parked down the street), Hoover is hand-picked to run the new “General Intelligence Division” of the Justice Department that will bring the perpetrators to justice.

With previous experience at the Library of Congress in organizing information, Hoover soon takes on two key assistants in Tolson (Armie Hammer, once again exuding Ivy League entitlement) and personal secretary Helen Gandy (Naomi Watts, who gets the best of the age make-up), and quickly attempts to make a CSI of the GID. Cut to forty years later, and Hoover — now balding, paunchy, and covered in latex — is obsessively snooping on Martin Luther King and making veiled threats to Attorney General Bobby Kennedy about his brother’s sleeping habits. With our two historical poles established, the rest of J. Edgar flits back and forth in time, telling the story of its protagonist as both a young and old man – Other than these two moments, the film spends most of its time, strangely enough, dealing with the kidnapping of the Lindbergh baby. (In 2004, when discussing The Alamo, I noted how fun it is to cast the story of American history with actors. Let me say that Josh Lucas totally works as Charles Lindbergh.)

For the most part, J. Edgar is an innocuous edutainment. But it also has some serious problems, and not just the standard-issue groanworthy biopic tropes like Freudian parent issues overdetermining the subject’s entire life story. (Here, Mom (Judi Dench) is a stern and overbearing sort who forces Hoover to bury his secrets within, even as he’s trying to pry up everyone else’s.) Y’see, it comes out rather late in the third act that Eastwood and screenwriter Dustin Lance Black have attempted to add a Fight Club-ish “unreliable narrator” schtick to the film: The whole time, we’ve been watching Hoover’s sanitized retelling of his own history. But this should-be-huge reveal is underplayed, and thus becomes somewhat buried. And, as a result, people who don’t know anything about the times are going to leave a theater with a very wrongheaded sense of the story.

For example, it’s never mentioned or adequately explained that the 1919 anarchist bombings which open the film only killed two people — one of them the bomber on Palmer’s porch, who either tripped or mis-timed the blast — and that, not unlike recent times, pretty much everything Palmer and Hoover did subsequently in 1919 was a massive overreaction. (Hence, the “Red Scare.”) They show Hoover and a team of G-men knocking down an anarchist printing press in Paterson, New Jersey linked to the bombs, but, with the arguable exception of Emma Goldman’s deportation proceedings at Ellis Island, they don’t show any of the many, many raids that were just glorified fishing expeditions and/or excuses to remove foreign-born potential Communists from American shores.

Similarly, when the film briefly depicts the Centralia Massacre that same year, it shows events in a way that Hoover, and many other Americans, probably saw them — I.W.W. radicals killing patriotic veterans in a turkey shoot. But that depiction does violence to the much more complicated truth of the event, which involved American Legion members deciding first to go march on some radical Wobblies. And you’d never know that the culmination of that day was an I.W.W. member and veteran grabbed from jail by soldiers, beaten, castrated, hung, hung, hung, shot, and shot. Again, Eastwood and Black have written themselves a pass for this, because they hint Hoover is an unreliable narrator at the end of the film. But that lede is buried.

So the history has definite issues, and this same tendency towards whitewashing detracts from the whole film. Granted, given how little we know, the Tolson-Hoover relationship should perhaps be treated with this discretion — although my understanding is they were more conceived of as a couple than this film lets on. (FWIW, Hammer is quite good here despite some unfortunate age-makeup, and a Supporting Actor nod is likely.) But, that aside, and to be blunt about it, sometimes an asshole is just an asshole. One can argue that Hoover had all the reasons in the world to be the way he was — an overbearing mom, a traumatic secret, whathaveyou. But this film spends more time trying to make us feel charitable towards its protagonist than it does putting his behavior in any kind of appropriate context. (For example, why is Hoover obsessed with MLK? Should he be wiretapping him? It’s never really addressed.) Should we feel for J. Edgar, after hearing his story? Perhaps, yes. But we should also leave the theater with a clearer sense of how illegal and often reprehensible his rise to power really was.

Drake’s Misfortune.


Gabriel Schoenfeld, a conservative political scientist at the Hudson Institute, who, in his book ‘Necessary Secrets’ (2010), argues for more stringent protection of classified information, says, ‘Ironically, Obama has presided over the most draconian crackdown on leaks in our history — even more so than Nixon.‘”

In the New Yorker, Jane Mayer delves deeply into the Obama administration’s continued war on whistleblowers, via the prosecution of NSA whistleblower Thomas Drake. (See also Glenn Greenwald on this, as well as here and here.) “‘I actually had hopes for Obama…[b]ut power is incredibly destructive,’ Drake said. ‘It’s a weird, pathological thing. I also think the intelligence community coopted Obama, because he’s rather naive about national security. He’s accepted the fear and secrecy. We’re in a scary space in this country.’

A Mole in the Movement.


Responding to the newspaper’s requests, the government instead released 369 pages related to a 1970s public corruption probe that targeted Withers — by then a state employee who was taking payoffs — carefully redacting references to informants — with one notable exception. Censors overlooked a single reference to Withers’ informant number.

Thanks to one small clerical error, the Memphis Commerical Appeal uncovers the hidden life of famed civil rights photographer Ernest Withers, who apparently doubled as an FBI informant. [Reaction.] “‘He was the perfect source for them. He could go everywhere with a perfect, obvious professional purpose,’ said Pulitzer Prize-winning historian David Garrow, who, along with retired Marquette University professor Athan Theoharis, reviewed the newspaper’s findings.” Shady.

United [REDACTED] of [CLASSIFIED].


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 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.

Sigh. In the WP, Dana Priest and William Arkin attempt to survey the breadth and depth of our post-9/11 intelligence complex, and the results are troubling, to say, the least. Basically, nobody, not even the SecDef, has any clue how big some of these programs are, or what the armies of private contractors are up to half the time. “After nine years of unprecedented spending and growth, the result is that the system put in place to keep the United States safe is so massive that its effectiveness is impossible to determine…’Because it lacks a synchronizing process, it inevitably results in message dissonance, reduced effectiveness and waste,” Vines said. “We consequently can’t effectively assess whether it is making us more safe.’” If you have to ask…

For a good overview of the Post‘s laudable coverage, check out this worthwhile post from Wired‘s Danger Room and Glenn Greenwald’s pithy summation of the problem. “This world is so vast, secretive and well-funded that it’s very difficult to imagine how it could ever be brought under control…[Meanwhile] The Drudge and Politico sewers still rule our world — ‘fights over nothing’ — and happily distract us from Top Secret America, what it does and what it takes.” But, hey, what’s Sarah Palin been up to?

Like Ma Bell, We Got the Ill Communication.

“The FBI illegally collected more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews. FBI officials issued approvals after the fact to justify their actions.”

The WP’s John Solomon and Carrie Johnson report on widespread phone record abuse at the FBI. What’s particularly galling here, if I’m reading this right, is that the law they were breaking seems to be a loophole-ridden statute in the Patriot Act included mainly as a fig leaf, but even that weak tea was too much for them to abide by. For shame.

Now It’s Ridge’s Turn.

Following in the footsteps of Treasury Secretary Paul O’Neill and Press Secretary Scott McClellan, former Department of Homeland Security head Tom Ridge becomes the latest ex-Bushie to pen a troubling tell-all: The Test of Our Times: America Under Siege…and How We Can Be Safe Again.

According to US News: “Ridge was never invited to sit in on National Security Council meetings; was ‘blindsided’ by the FBI in morning Oval Office meetings because the agency withheld critical information from him; found his urgings to block Michael Brown from being named head of the emergency agency blamed for the Hurricane Katrina disaster ignored; and was pushed to raise the security alert on the eve of President Bush’s re-election, something he saw as politically motivated and worth resigning over.” Good of you to bring this all up years down the pike, Gov. Ridge — truly a profile in courage.

NSL Countdown.

Another brick from the wall…A US District judge in New York declares that the FBI’s secret use of “national security letters” (NSLs) under the Patriot Act is unconstitutional, violating the First Amendment and the separation of powers clause. “Marrero wrote in his 106-page ruling that Patriot Act provisions related to NSLs are ‘the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values.’

Congress Pushes Back.

“‘Congress will act to preserve and protect our criminal justice system and to ensure appropriate Congressional oversight in all areas essential to the well-being of the American people,’ House Speaker Nancy Pelosi (D-Calif.) said in a statement.” Faced with continued White House stonewalling and armed with a new report that underscores the adminstration’s malfeasance, the House Judiciary Committee issued contempt citations to former White House Counsel Harriet Miers and Chief of Staff Josh Bolten for their failure to honor House subpoenas on the persecuted prosecutors matter earlier this month. And, on the Senate side, Dems — with a document trail on their side — call for a perjury investigation into Attorney General Alberto Gonzales on the same day a subpoena is issued for consigliere Karl Rove. Dubya flunkies, meet the rule of law. Update: More grist for the perjury mill: FBI Director Robert Mueller contradicts Gonzales’ prior testimony.