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In February 2019, then-freshman congresswoman Ilhan Omar committed a rare offense in U.S. politics: she called out a sitting official, to his face, for his complicity in horrific human rights abuses.
The official in question was Elliott Abrams, who had just been appointed the Trump administration’s “special envoy” for Venezuela. Omar highlighted Abrams’ 1991 guilty plea for lying to Congress about the Iran-Contra affair, saying that this called into question why members of the body should trust what he has to say. She went on to excoriate Abrams for his role in downplaying the horrific massacre of hundreds of civilians by U.S.-armed and trained troops in El Salvador.
The reaction to Omar’s breach of decorum was swift and bipartisan. A number of neoconservative intellectuals lept to defend Abrams as a champion of democracy and human rights, joined by a handful of nominally liberal foreign policy professionals such as Kelly Magsamen, then vice president for National Security and International Policy at the Center for American Progress, and now chief of staff to Secretary of Defense Lloyd Austin.
“I worked for Elliott Abrams as a civil servant,” Magsamen tweeted. “He is a fierce advocate for human rights and democracy. Yes, he made serious professional mistakes and was held accountable. I’m a liberal but I’m also fair. We all have a lot of work to do together in Venezuela. We share goals.”
This strange episode gained renewed relevance on Monday when, in a possible attempt to bury the news on the eve of the Fourth of July, the Biden administration announced its intent to nominate Abrams to the bipartisan “United States Advisory Commission on Public Diplomacy.”
Abram’s appointment may be largely symbolic and grant him little power or influence over policy. But his selection, rather than any of the many available Republican former officials with less blood-stained careers, speaks volumes.
The commission is charged with assessing U.S. efforts to “understand, inform, and influence foreign publics” and issuing reports to Congress and the executive on these topics. It is statutorily bipartisan; no more than four of its seven members can come from any one political party.
Abram’s appointment may be largely symbolic and grant him little power or influence over policy. But his selection, rather than any of the many available Republican former officials with less blood-stained careers, speaks volumes.
Abrams may not be as infamous as Henry Kissinger, but his record of “public service” is similarly ignominious, littered with the policy failures and complicity in crimes against humanity that have unfortunately characterized U.S. foreign policy in the Cold War era and beyond.
In 1981, a day before Abrams assumed the post of Assistant Secretary of State for Inter-American Affairs, the Atlacatl Battalion, a U.S.-trained unit of the Salvadoran military, massacred nearly 1,000 civilians, committing mass rapes against women and children in the process. Abrams insisted to Congress that rumors of the massacre were essentially propaganda by leftist guerillas, and continued to do so despite investigations by U.S. embassy officials, the New York Times, and the Washington Post confirming the massacre and placing blame squarely at the feet of the Salvadoran military.
Throughout the Reagan administration’s brutal counterinsurgency campaigns in Central America, Abrams continually testified that U.S.-backed forces were making serious improvements in their human rights practices so that they could continue receiving arms and training. In fact these forces in Guatemala and El Salvador were waging genocidal war against their countries’ peasantry and indigenous populations. A U.N.-backed truth commission eventually found that 85 percent of the violence was carried out by the military and its associated death squads.
Abrams reserved particular praise for Guatemalan dictator Efrain Rios Montt, lauding the dictator for “considerable progress” on human rights and attitudes toward the indigenous population. Rios Montt was later convicted of genocide against Guatemala’s Ixil Maya.
Abrams is best known for his central role in the Iran-Contra Affair, working to secure funding for the brutal counterrevolutionaries and to direct their operations. The Contras, a group consisting mostly of former officials and soldiers from the deposed dictatorship of Anastasio Somoza, failed in their task of overthrowing the Sandinista government in Nicaragua. But the militants, who were almost completely reliant on U.S. support, became notorious for their brutal killings of civilians.
It was for this affair that Abrams would earn his criminal conviction — not for abetting and concealing mass atrocities, but for misrepresenting U.S. support for the Contras to Congress. In 1991, Abrams pleaded guilty for lying to Congress about the extensive U.S. role in supplying and funding the Contras, for which he received two years of probation and 100 hours of community service — a punishment he never actually served after an 11th hour pardon from George H.W. Bush.
The contention that Abrams merely “made mistakes” and was held accountable — more popular with his liberal defenders — is belied by this pardon and by Abrams’ book Undue Process, his angry and self-pitying account of his prosecution in which he labels Iran-Contra investigators “miserable, filthy bastards” and “bloodsuckers” (and which this author has had the misfortune of reading in full).
Abrams’ record of abuse and failure continued into the 21st century. He served in the George W. Bush administration and was alleged to have approved the failed coup plot against Hugo Chavez in 2002. Later, he was named as a central figure in the administration’s backing of a failed Fatah coup against Hamas after the latter party won Palestinian elections — ultimately leading to Hamas’s uncontested control of the Gaza strip.
In his aforementioned time as Trump’s “special envoy” for Venezuela, U.S. policy fared no better, with attempts to overthrow the government of Nicolas Maduro ending only in Juan Guaido’s spectacularly unsuccessful 2019 putsch attempt and an even more quixotic effort by a group of U.S. mercenaries and former Venezuelan soldiers to kidnap Maduro. The Trump administration denied any involvement in the latter affair, which historian Greg Grandin has described as a “burlesque Iran-Contra.”
In response to a query from Mother Jones, a White House spokesperson implied that Abrams’ nomination to this latest appointment was put forward by Republican leadership and merely accepted by the administration. But given the White House’s vague explanation of the willingness of members of the administration to publicly embrace Abrams and others like them, it would be granting Team Biden far too much benefit of the doubt to simply believe that Republicans forced their hand.
The United States embraces repressive and murderous (but useful) governments while in the same breath condemning the human rights abuses of its adversaries
Biden entered office pledging that “human rights will be the center of our foreign policy.” Since then he has comprehensively broken this promise, as recounted last month by former Bernie Sanders advisor Matt Duss (who also sharply criticized Abram’s nomination). In embracing great power competition — particularly confrontation with China — at all costs, the Biden administration has made some degree of human rights hypocrisy inevitable. The United States embraces repressive and murderous (but useful) governments while in the same breath condemning the human rights abuses of its adversaries and calling on the world to rally behind liberal principles.
This contradiction is readily apparent in the administration’s campaign against Russia’s invasion of Ukraine. In March, Antony Blinken gave a speech highlighting Russia’s massacres of civilians in Bucha, appealing to the world to rally for justice and against Russia’s war. Just two months later, Blinken joined other foreign policy luminaries for the 100th birthday party of Henry Kissinger, who is directly responsible for the massacre of countless civilians in Cambodia and beyond.
That Biden officials do not see how hypocritical — and counterproductive — it is to embrace figures like Abrams and Kissinger while trying to rally the globe against their adversaries human rights abuses is almost unfathomable. But the exceptionalist convictions held by most U.S. foreign policy elites — that American power is synonymous with liberal order, and that U.S. global primacy is, in the words of analyst Van Jackson, a “global public good” — are powerful and enduring.
The problem for America’s foreign policy establishment is that it is increasingly impossible for anyone outside of Western elites to believe this too. Over the coming years the United States will be faced with a choice to either adopt a more humble foreign policy that accepts the same restraints it demands of others, or to drop the pretenses altogether.
The Biden administration on Thursday laid it right out in the open.
It's time to seriously discuss a 60-year problem we've had with treasonous and illegitimate Republican presidents.
When Trump 2016 campaign chairman Paul Manafort was passing secret polling information about swing states like Michigan, Wisconsin, and Pennsylvania to Konstantin Kilimnik, as is laid out in the Mueller Report, it was part of a very specific and successful effort on the part of Russian Intelligence to help put Trump in office.
This was the data they would have used to have troll accounts and ads target individuals in those states via social media, particularly Facebook, to both suppress the vote for Clinton and encourage voters to show up for Trump and other down-ticket Republicans.
This is not the first time a Republican candidate for president has committed treason to get into the White House. In fact, it's been the norm since 1968, and therefore it's time to seriously discuss a 60-year problem we've had with treasonous and illegitimate Republican presidents.
America must stop giving criminal Republican presidents a pass. Every GOP president since Dwight Eisenhower used treason or deception to come to office (or inherited office from one who did), and it needs to end. It's a truly astonishing and horrifying story.
It started in 1968, when President Lyndon Johnson was desperately trying to end the Vietnam War. It had turned into both a personal and political nightmare for him, and his vice president, Hubert Humphrey, was running for president in the election that year against a "reinvented" Richard Nixon.
Johnson spent most of late 1967 and early 1968 working back-channels to North and South Vietnam, and by the summer of 1968 had a tentative agreement from both for what promised to be a lasting peace deal they'd both sign that fall.
But Richard Nixon knew that if he could block that peace deal, it would kill Humphrey's chances of winning the 1968 election. So Nixon sent envoys from his campaign to talk to South Vietnamese leaders to encourage them not to attend upcoming peace talks in Paris.
Nixon promised South Vietnam's corrupt politicians that he'd give them a richer deal when he was president than LBJ could give them then.
The FBI had been wiretapping Nixon's people and told LBJ about his effort to prolong the Vietnam War. Thus, just three days before the 1968 election, Johnson phoned the Republican Senate leader, Everett Dirksen, (you can listen to the entire conversation here):
President Johnson: Some of our folks, including some of the old China lobby, are going to the Vietnamese embassy and saying please notify the [South Vietnamese] president that if he'll hold out 'til November 2nd they could get a better deal. Now, I'm reading their hand. I don't want to get this in the campaign. And they oughtn't to be doin' this, Everett. This is treason.
Sen. Dirksen: I know.
Those tapes were only released by the LBJ library in the past decade, and that's Richard Nixon who Lyndon Johnson was accusing of treason.
At that point, for President Johnson, it was no longer about getting Humphrey elected. By then Nixon's plan had already worked and Humphrey was being wiped out in the polls.
Instead, Johnson was desperately trying to salvage the peace talks to stop the death and carnage as soon as possible. He literally couldn't sleep.
In a phone call to Nixon himself just before the election, LBJ begged him to stop sabotaging the peace process, noting that he was almost certainly going to win the election and inherit the war anyway. Instead, Nixon publicly said LBJ's efforts were "in shambles."
But South Vietnam had taken Nixon's deal and boycotted the peace talks, the war continued, and Nixon won the White House thanks to it.
An additional 22,000 American soldiers, and over an additional million Vietnamese, died because of Nixon's 1968 treason, and he left it to Gerald Ford to end the war and evacuate the American soldiers.
Nixon was never held to account for it, and when the LBJ library released the tapes and documentation it was barely noticed by the American press.
Gerald Ford, who succeeded Nixon, was never elected to the White House (he was appointed to replace VP Spiro Agnew, after Agnew was indicted for decades of taking bribes), and thus would never have been president had it not been for Richard Nixon's treason. He pardoned Nixon.
Next up was Ronald Reagan.
During the Carter/Reagan election battle of 1980, then-President Carter had reached a deal with newly elected Iranian President Abdolhassan Bani-Sadr to release the 52 hostages held by students at the American Embassy in Tehran.
Bani-Sadr was a moderate and, as he explained in an editorial for The Christian Science Monitor, successfully ran for president on the popular position of releasing the hostages:
I openly opposed the hostage-taking throughout the election campaign. ...I won the election with over 76% of the vote. ...Other candidates also were openly against hostage-taking, and overall, 96% of votes in that election were given to candidates who were against it [hostage-taking].
Carter was confident that with Bani-Sadr's help, he could end the embarrassing hostage crisis that had been a thorn in his political side ever since it began in November of 1979.
But behind Carter's back, the Reagan campaign worked out a deal with the leader of Iran's radical faction--Supreme Leader Ayatollah Khomeini--to keep the hostages in captivity until after the 1980 presidential election. Khomeini needed spare parts for American weapons systems the Shah had purchased for Iran, and Reagan was happy to promise them.
This was the second act of treason by a Republican wanting to become president.
The Reagan campaign's secret negotiations with Khomeini--the so-called "October Surprise"-- sabotaged President Carter's and Iranian President Bani-Sadr's attempts to free the hostages. As President Bani-Sadr told The Christian Science Monitor in March of 2013:
"After arriving in France [in 1981], I told a BBC reporter that I had left Iran to expose the symbiotic relationship between Khomeinism and Reaganism.
"Ayatollah Khomeini and Ronald Reagan had organized a clandestine negotiation, later known as the 'October Surprise,' which prevented the attempts by myself and then-U.S. President Jimmy Carter to free the hostages before the 1980 U.S. presidential election took place. The fact that they were not released tipped the results of the election in favor of Reagan."
And Reagan's treason--just like Nixon's treason--worked perfectly.
The Iran hostage crisis continued and torpedoed Jimmy Carter's re-election hopes. And the same day Reagan took the oath of office--to the minute, as Reagan put his hand on the bible, by way of Iran's acknowledging the deal--the American hostages in Iran were released.
Keeping his side of the deal, Reagan began selling the Iranians weapons and spare parts in 1981, and continued until he was busted for it in 1986, producing the so-called "Iran-Contra" scandal.
But, like Nixon, Reagan was never held to account for the criminal and treasonous actions that brought him to office.
After Reagan--Bush senior was elected--but like Jerry Ford--Bush was really only president because he served as vice president under Reagan. And, of course, the naked racism of his Willie Horton ads helped keep him in office.
The criminal investigation into Iran-Contra came to a head with independent prosecutor Lawrence Walsh subpoenaing President George H.W. Bush after having already obtained convictions for Weinberger, Ollie North and others. Bush's attorney general, Bill Barr, suggested he pardon them all to kill the investigation, which Bush did. The screaming headline across the New York Times front page on December 25, 1992, said it all:
THE PARDONS; BUSH PARDONS 6 IN IRAN AFFAIR, ABORTING A WEINBERGER TRIAL; PROSECUTOR ASSAILS 'COVER-UP'
And if the October Surprise hadn't hoodwinked voters in 1980, you can bet Bush senior would never have been elected in 1988. That's four illegitimate Republican presidents.
Which brings us to George W. Bush, the man who was given the White House by five right-wing justices on the Supreme Court.
In the Bush v. Gore Supreme Court decision in 2000 that stopped the Florida recount--and thus handed George W. Bush the presidency--Justice Antonin Scalia wrote in his opinion:
The counting of votes... does in my view threaten irreparable harm to petitioner [George W. Bush], and to the country, by casting a cloud upon what he [Bush] claims to be the legitimacy of his election.
Apparently, denying the presidency to Al Gore, the guy who actually won the most votes in Florida, did not constitute "irreparable harm" to Scalia or the media.
And apparently it wasn't important that Scalia's son worked for a law firm that was defending George W. Bush before the high court (with no Scalia recusal).
Just like it wasn't important to mention that Justice Clarence Thomas's wife worked on the Bush transition team--before the Supreme Court shut down the count in Florida--and was busy accepting resumes from people who would serve in the Bush White House if her husband stopped the recount in Florida... which he did. (No Thomas recusal, either.)
More than a year after the election a consortium of newspapers including The Washington Post, The New York Times, and USA Today did their own recount of the vote in Florida--manually counting every vote in a process that took almost a year--and concluded that Al Gore did indeed win the presidency in 2000.
As the November 12th, 2001 article in The New York Times read:
If all the ballots had been reviewed under any of seven single standards and combined with the results of an examination of overvotes, Mr. Gore would have won.
That little bit of info was slipped into the seventeenth paragraph of the Times story so that it would attract as little attention as possible because the 9/11 attacks had happened just weeks earlier and journalists feared that burdening Americans with the plain truth that George W. Bush actually lost the election would further hurt a nation already in crisis.
To compound the crime, Bush could only have gotten as close to Gore in the election as he did because his brother, Florida Gov. Jeb Bush, had ordered his Secretary of State, Kathrine Harris, to purge at least 57,000 mostly-Black voters from the state's voter rolls just before the election.
So, for the third time in four decades, Republicans took the White House under illegitimate electoral circumstances. Even President Carter was shocked by the brazenness of that one. And Jeb Bush and the GOP were never held to account for that crime against democracy.*
Most recently, in 2016, Trump ally Kris Kobach and Republican secretaries of state across the nation used Interstate Crosscheck to purge millions of legitimate voters--most people of color--from the voting rolls just in time for the Clinton-Trump election.
Meanwhile, Russian oligarchs or the Russian state, and possibly pro-Trump groups or nations in the Middle East, are alleged to have funded a widespread program to flood social media with pro-Trump, anti-Clinton messages from accounts posing as Americans, as documented by Robert Mueller's investigation.
One can only wonder how much better off America would be if six Republican presidents hadn't stolen or inherited a stolen White House and used it to put right-wing cranks on the Supreme Court and other federal benches.
And on top of that, we learned today that Republican campaign data on the 2016 election, including which states needed a little help via phony influencers on Facebook and other social media, was not only given to Konstantin Kilimnik by Paul Manafort, but Kilimnik transferred it to Russian intelligence.
Donald Trump still lost the national vote by nearly three million votes, but came to power through an electoral college designed to keep slavery safe in colonial America.
One can only wonder how much better off America would be if six Republican presidents hadn't stolen or inherited a stolen White House and used it to put right-wing cranks on the Supreme Court and other federal benches.
Now, finally, there may be an opportunity for some accountability for another criminal Republican president.
The depth and breadth of Trump's involvement in the January 6th attempt to destroy our form of government and replace it with single-party strongman rule is becoming more and more obvious. As a result, the pressure is building to hold him and many of those in his administration to account.
America has ignored GOP crimes to seize and hold the White House long enough. It's time, at long last, to put this one in prison.
This piece initially appeared on The Hartmann Report.
George Shultz, a prominent cabinet member of both the Nixon and Reagan administrations, holding posts at State, Treasury, Labor and the Office of Management and Budget, died over the weekend at age 100. His death prompted no fewer than three fawning tributes in the Washington Post, in addition to the paper's official obituary.
Former George W. Bush Secretary of State Condoleezza Rice, who considered Shultz both a mentor and friend, was given column space at the Post (2/7/21) to wax poetic about how Shultz "never lost sight of the centrality of freedom to the human experience and to human dignity," and concluded that "we are all so much better for having been a part of the consequential life that he lived."
Minutes later, the Post published a tribute from the paper's former reporter Lou Cannon (2/7/21), who lauded a man who "spoke truth to power" and "lived his life in service to his nation and humanity."
The next day, Post columnist David Ignatius (2/8/21) offered yet a third hagiography. Ignatius gushed:
Watching him over so many years was an education in the fact that the good guys--the smart, decent people who take on the hard job of making the country work--do sometimes win in the end.
Ignatius noted that Shultz "was Post publisher Katharine Graham's favorite tennis partner," and the warm, fuzzy feelings clearly persist at the paper long after Graham's departure.
But assessments that judge Shultz to be one of "the good guys," with a commitment to things like freedom, human dignity and humanity, necessarily gloss over his role in both the Iraq War and the Iran/Contra scandal.

It was Shultz's influential assertion in the mid-'80s of a right to pre-emptively strike against "future attacks"--what was dubbed the "Shultz Doctrine"--that helped pave the way for the endless War on Terror, and led the Wall Street Journal (4/29/06) to call Shultz "the father of the Bush Doctrine" of unprovoked attacks on nations deemed threats. Shultz was a mentor to both George W. Bush and Dick Cheney, as well as Rice, and after 9/11 Shultz chaired the pro-invasion "Committee for the Liberation of Iraq." As FAIR (8/2/10) argued more than 10 years ago, when PBS aired a glowing documentary about Shultz that omitted his role in the Iraq War:
His advocacy for a new norm of international law that legitimizes "active prevention, pre-emption and retaliation" against terrorism is one of the most abiding, and controversial, legacies of Shultz's tenure at the State Department, providing the justification for two ongoing wars.
None of the three Post contributors mentioned Bush, Iraq or the War on Terror. Perhaps even more disturbingly, neither did the paper's nearly 3,000-word obituary for Shultz (2/7/21).
The Post also attempted to avoid or rewrite another key piece of Shultz's history--his role in the Iran/Contra scandal, in which the Reagan administration secretly sold arms to Iran in order to fund, against congressional prohibitions, the right-wing Contra terror squads working to overthrow the leftist Sandinista government in Nicaragua. As Iran/Contra prosecutor Lawrence Walsh concluded in his final report (Extra! Update, 4/94):
The evidence establishes that the central National Security Council operatives kept their superiors--including Reagan, [Vice President George] Bush, Shultz, [Defense Secretary Caspar] Weinberger and other high officials--informed of their efforts generally, if not in detail, and their superiors either condoned or turned a blind eye to them.

The Post obituary, written by Michael Abramowitz and David E. Hoffman, tried to spin this, relying on the account of the Reagan administration's hand-picked investigative board:
By Mr. Shultz's account, he argued vigorously in private against the arms sales to Tehran, which were designed to gain Iran's help in freeing US hostages in Lebanon. But he was criticized afterward for not taking on the matter more directly.
"Secretary Shultz and Secretary Weinberger in particular distanced themselves from the march of events," concluded the board chaired by former Sen. John Tower (R.-Texas) that reviewed the Reagan administration's handling of the matter. "Secretary Shultz specifically requested to be informed only as necessary to perform his job."
As if worried that even this apologetic assessment might still put the deceased in an unfavorable light, the paper quickly softened the blow:
Once the matter became public, however, Mr. Shultz, reflecting the lessons of what he had seen during Watergate, urged others in the administration to come clean. Historian Malcolm Byrne, in his book Iran/Contra, wrote that "Shultz alone proposed to engage the US public rather than keep a tight hold on information."
And the Post didn't even mention Shultz's position on the Contra half of the scandal--perhaps because he actively participated in discussions regarding how to get around the congressional prohibitions, and almost made a solicitation himself to the Sultan of Brunei (FAIR.org, 8/2/10).
In Ignatius's telling, Iran/Contra was an illustration of Shultz's "good judgment":
He could detect bad ideas taking shape in the bureaucracy almost as if by smell. And he tried to stop them, even when that meant challenging Defense Secretary Caspar Weinberger, whose policy ideas he mistrusted, or President Ronald Reagan, whose National Security Council staff concocted a bizarre plot--to fund the contras in Nicaragua by selling arms to Iran--that Shultz abhorred.
Rice and Cannon simply omitted Iran/Contra in their columns. Either way, by exclusion or distortion, establishment obituaries rewrite history to make the official heroes fit for adoration (FAIR.org, 6/9/04, 7/9/09, 8/29/18, 12/7/18).
On August 15, Democratic Representative Eric Swalwell of California proposed, through the medium of (what else?) Twitter, that after the election a "Presidential Crimes Commission" should be created to investigate the manifold derelictions of Donald J. Trump, including "[s]abotaging the mail to win an election." He evidently regards this idea as a bold and meaningful innovation: "I don't say this lightly."
Why is this a bad idea?
Swalwell appears to be an able and articulate House member and has managed to snare at least his share of TV time on the cable news shows. A congressman since 2012, he is not a neophyte, and his membership on the intelligence and judiciary committees ought to make him knowledgeable about possible law-breaking by Trump.
But a commission? That is a half-step stronger than demanding that someone conduct a study. I don't question Swalwell's motives, but I think that somewhere along the line this sort of action would result in the usual suspects subverting the commission's intent. Based on my own experience in government, the preferred modus operandi of high-profile commissions is to contain public anger and distress rather than get at the truth.
It is not an exaggeration to say that the art form of the classic Washington commission is this: create a ballyhoo through public relations, appoint grave and unimpeachably bipartisan grey eminences as commission members, count on said members, who really don't want to upset the system, to conduct a coverup disguised as an expose, replete with stern warnings over the small details of skullduggery that divert attention from the greater misdeeds they ignore.
Maybe it doesn't have to be that way, but it generally is, as exemplified by three of the more famous commissions in the last several decades: the Warren Commission, the Tower Commission, and the 9/11 Commission.
The Warren Commission is, of course the granddaddy of all modern commissions, as well as their prototype. We now know that Lyndon Johnson, who proposed the commission, never intended it to uncover the truth, wherever it might lead, about John F. Kennedy's assassination in Dallas. He planned for it to squelch any popular belief that the Soviet Union or other powerful entities might have played a role.
The chairman, Chief Justice Earl Warren, was not particularly enthusiastic about his task. Neither was Senator Richard Russell (D-GA), who demonstrated his reluctance to the president strongly enough that Johnson gave him "the treatment" (LBJ's patented application of pleading, cajoling, and bullying) to make him say yes.
But for another member, recently fired CIA director Allen Dulles, there was no such reluctance. To say that Dulles was a fox in the hen house is an understatement: more like a ravenous Bengal tiger.
Hence the Warren Report: its conclusion, that Lee Harvey Oswald was the shooter and acted alone, was almost certainly true on the first count and very likely true on the second. But it ill-served the public with its refusal to say anything substantive about the manifest failure of the government to prevent the assassination.
If these sorry precedents are not enough, the very concept of a commission handling what should be a judicial proceeding is a fundamental indictment of equal justice on America.It glossed over the incompetence of the Secret Service, whose agents were out getting drunk the evening before the assassination rather than taking steps to secure Kennedy's route through town. And it was silent about the CIA's contacts with Oswald. Even worse, Dulles' presence ensured that the quarrel between the CIA and J. Edgar Hoover's FBI, which amounted to a vicious subterranean war, remained buried. This crippling of intelligence-sharing over bureaucratic turf may have helped lead to Kennedy's death, certainly ill-served the public, and the CIA-FBI rivalry later blew up into a subplot of the Watergate scandal.
It wasn't long before the report's incompleteness fed, rather than prevented, the same conspiracy theories that LBJ hoped to squelch; the presence of Dulles alone would guarantee that. In the ensuing decades the Kennedy assassination spawned a cottage industry of "buffs" who theorized that the assassins were Cubans, Soviets, the CIA, the Chicago mafia, Texas oil men, the Corsican mob - anybody but Oswald! Critiques of the report became the gateway drug for conspiracy-obsessed paranoiacs to this day, culminating in QAnon. (and not just symbolically: the QAnon faithful believe Kennedy's son did not die in a 1999 plane crash, but is living in Pennsylvania and is a Trump supporter).
The Tower Commission of 1986-1987, named after its chairman, former Senator John Tower (R-TX), was supposed to investigate the covert arms sales to Iran and transfer of the proceeds to the Contra rebels in Nicaragua. Bear in mind that selling armaments to Iran (including TOW antitank missiles, a state-of-the-art guided weapon at the time) was a serious breach of the Iran embargo, and the delivery of arms to the Contras was a flagrant violation of the Boland Amendment. As such, both were impeachable offenses, and Ronald Reagan's presidency was in jeopardy.
The commission opted for what has become a classic commission gambit. Rather than report on potential law-breaking, they focused their stern, admonitory language on bureaucratic process. Like processed cheese, a "process"-oriented commission means you're not getting the real thing. The members professed to be stunned that "no one was in charge," and recommended a rewired White House with a reformed National Security Council and a new presidential chief of staff.
It was designed to get Reagan off the hook for the price of a couple of staff sacrificial lambs. But even if it were true that Reagan was unaware of the arms deal, it still meant he was incapable of seeing that the laws were faithfully executed. Such negligence is in itself impeachable. But as we know, Reagan skated, and the parallel joint congressional Iran-Contra committee was as feckless as the Tower Commission. They both helped establish the precedent for institutional tolerance of a lawless presidency -- the very thing that concerns Mr. Swalwell.
Last, the 9/11 Commission. For it, the powers-that-be hauled Lee Hamilton, a retired congressman, out of mothballs to be co-chairman with ex-New Jersey governor Thomas Kean. By an uncanny coincidence, fifteen years before, he had been co-chair of the Iran-Contra committee. If that suggests something was rigged, it was confirmed by the resignation from the commission of former senator Max Cleland (D-GA), who maintained that the White House was stonewalling and the commission itself was compromised.
And so it was. As a national security staffer on Capitol Hill at the time, it was my job to minutely examine the proceedings. I remain convinced that at least two high administration officials perjured themselves blatantly enough that the commission should have referred them for possible prosecution. The commission did no such thing.
Instead, it wrote a masterful report in riveting language that had everybody looking in the wrong direction. Once again, it was a process issue: the intelligence agencies didn't talk to each other, nobody pushed the warning up high enough, and so on. So they recommended the reorganization of the intelligence community and the creation of the Department of Homeland Security.
As several former DHS employees have told me with some bitterness, the agency is a bureaucratic nightmare that was less than the sum of the predecessor agencies that went into forming it. We now waste tens of billions per year as an alibi: a flimsy excuse to disguise a failure of policy at the top as a failure of the intelligence process.
For the failure was at the top. As his administration began, George W. Bush and his cronies, like Donald Rumsfeld and Condoleezza Rice, were basically bored with terrorism, and chose to set their sights on a peer competitor like China. Thus the multiple occasions that the subject of al Qaeda was brought up to Bush and senior officials but ignored, culminating in the now-infamous August 6, 2001 president's daily intelligence brief titled "Bin Laden determined to strike in U.S." Bush would rather cut brush and go golfing than attend to his duties.
The tragedy extends beyond the lives needlessly lost in the attack, and even beyond the countless casualties, both our own and others, wrought by our idiotic revenge in the form of an attack on the wrong country. It created a veritable deluge of conspiracy stories about the attacks being an inside job by the U.S. government itself, each more lurid than the last. Given the report's conclusions, this probably was inevitable.
A lot of ordinary people thought something smelled fishy. And they were right. By failing to highlight malfeasance at the very top (which amounted to a grossly negligent failure to protect the American people, itself potentially impeachable), the 9/11 Commission not only hung the millstone of DHS around our necks but also opened the door for "alternative" explanations that seemed more psychologically satisfying than re-wiring an organizational chart. As such, 9/11 and its "official" explanation represented another milestone in America's descent into lunacy.
Hence bizarre conspiracy theories involving everything from the conjecture that the airliners people "saw" hit the Trade Center were actually a laser-projected image, to "proof" that the Boeing 757 that slammed into the Pentagon was a cruise missile. A year ago, one conspiracy buff at a political dinner got so animated explaining the melting point of the steel in the Trade Center's girders to me (an involuntary listener), that she spilled a glass of red wine on my suit.
If these sorry precedents are not enough, the very concept of a commission handling what should be a judicial proceeding is a fundamental indictment of equal justice on America.
I have argued elsewhere that there are three tiers of law in America. The majority of us, the middle class, receive the letter of the law. Thus we do not skate free, but generally, we are not railroaded, either. The downside, of course, is the exorbitant cost of the American legal racket: average salary-earners may exhaust all their financial assets obtaining counsel sufficient to find vindication. How is that functionally different from a third-world country where one must pay a hefty bribe?
The George Floyd case brought home to us that the poor and designated out-groups are frequently beneath the law. Here the Wild West prevails, with legal safeguards hardly above the level of foreign nationals in proximity to one of our overseas drone strikes. If persons driving with a broken taillight are pulled over and must consider the small but non-negligible odds that they might not survive the incident, law ceases to have meaning.
The rich? The well-connected? Occasionally one gets bagged for PR purposes (think Martha Stewart as a scapegoat for the complete impunity of Wall Street), but this is vanishingly rare. They can afford the best counsel, can always make bail, and are in any case more indulgently treated, particularly for corporate crimes. In case of conviction, there is usually monitored home detention, which sure beats Riker's Island.
And for the ultra high-ups, there is the commission, which allows them to avoid the actual legal proceedings the rest of us face, because after a mandate of months or years and the commission's bogus "verdict," the psychological steam has dissipated from any desire to prosecute. That is, if there ever was any desire: The Justice Department's guideline for not indicting a sitting president has no standing in law, but prosecutors obey it with the same reverence as a New Guinea highlander observes a taboo. Any day now, I expect the guideline to sprout a penumbra declaring that former presidents cannot be indicted, either.
Commissions cannot solve the reluctance of the establishment to bring high-level criminals to book; they are a diversion from this fact. Mr. Swalwell may have the best intentions, but we all know what the road to hell is paved with.
In an escalation of President Donald Trump's sanction regimes against Iran and Venezuela, the Wall Street Journal reported Thursday that the U.S. has for the first time confiscated cargo from four ships that federal prosecutors allege were transporting 1.1 million barrels of Iranian gasoline to the South American country.
The seizure, confirmed Friday by the U.S. Justice Department, comes after federal prosecutors filed a civil-forfeiture complaint in July claiming that the sale was set up Mahmoud Madanipour, an Iranian businessman with supposed ties to his country's Islamic Revolutionary Guard Corps (IRGC), which last year the Trump administration designated a foreign terrorist organization.
"At the time, sanctions experts thought it would be impossible to enforce the U.S. court order in international waters," according to the Associated Press, which also reported on the seizure, citing a pair of unnamed American officials who agreed to discuss the development with the news agency only if granted anonymity.
A senior U.S. official told the Associated Press that no military force was used in the seizures and that the ships weren't physically confiscated. Rather, U.S. officials threatened ship owners, insurers, and captains with sanction to force them to hand over their cargo, which now becomes U.S. property, the official said.
The Journal, however, reported that "the four vessels--Luna, Pandi, Bering, and Bella--were seized at sea in recent days and are now en route to Houston," where they will be met by senior Trump administration officials. The newspaper, which also cited unnamed American government sources, noted that a spokesperson for the U.S. Justice Department declined to comment.
Challenging any suggestion that the seizure was a win for Trump's "maximum pressure" campaign targeting Tehran, Iran's ambassador to Venezuela, Hojad Soltani, tweeted in response to the Journal report Thursday that neither the ships nor their owners are Iranian--though he did not address whether the fuel came from his country.
"This is another lie and act of psychological warfare perpetrated by the U.S. propaganda machine," Soltani wrote in Spanish. "The terrorist #Trump cannot compensate for his humiliation and defeat by Iran using false propaganda."
On Friday, the Justice Department released a statement announcing "the successful disruption of a multimillion dollar fuel shipment" by the IRGC to Venezuela, and said it represented the "largest-ever seizure of fuel shipments from Iran."
The department confirmed that the U.S. government "confiscated the cargo from all four vessels, totaling approximately 1.116 million barrels of petroleum," and "with the assistance of foreign partners, this seized property is now in U.S. custody." The statement did not not comment on the locations of the ships.
Russ Dallen, a Miami-based partner at brokerage Caracas Capital Markets who follows vessel movements, told the AP that the captains of the four ships shut off their tracking devices weeks ago. The news agency reported that the locations of the ships and their cargoes are not currently known.
The Bella, Bering, Pandi, and Luna "were originally part of a flotilla of nine tankers, including five Iranian vessels, which were escorted by an Iranian naval intelligence ship," according to the Journal. "The four privately owned vessels began peeling off from the flotilla after U.S. authorities contacted the owners of the ships."
Venezuela's defense ministry announced in late May that it would begin using Navy warships to escort Iranian fuel tankers to port due to concerns about U.S. government interference. As Common Dreams reported, Venezuelan President Nicolas Maduro said at the time that "we're ready for whatever, whenever."
A few days after that announcement in May, Iranian President Hassan Rouhani cautioned the United States against interfering with the floatilla, warning in a statement that "if our tankers in the Caribbean or anywhere in the world face any problems caused by the Americans, they will face problems as well."
Those five Iranian tankers ultimately reached Venezuela--which, although rich in crude reserves, doesn't produce enough refined gasoline to meet its domestic demands.
Reporting on the U.S. seizure Thursday came after the American military said that the Iranian navy on Wednesday boarded the MT Wila, a Liberian-flagged oil tanker, near the Strait of Hormuz and held the ship for about five hours before releasing it. The U.S. military's Central Command released a black-and-white video of the incident.
"Iranian state television later on Thursday acknowledged the brief seizure, referring to the operation as a routine inspection without elaborating," according to the AP.
The Justice Department suggested in its Friday statement that the Iranian navy's action was "an apparent attempt to recover the seized petroleum, but was unsuccessful."
Trump has repeatedly escalated tensions with Iran since ditching a nuclear deal negotiated under his predecessor in May 2018. The Trump administration in January assassinated Iranian Gen. Qasem Soleimani. Last month, a U.S. military fighter jet conducted "an inspection" of an Iranian commercial plane over Syrian airspace, prompting the aircraft's captain to swiftly drop altitude, which led to several injuries among passengers.
Last week, after State Department Iran Envoy Brian Hook resigned, Trump appointed Special Representative for Venezuela Elliott Abrams to simultaneously serve in both roles. Abrams, as Common Dreams noted, is "a notorious warmonger and supporter of Latin American death squads who was convicted in 1991 of withholding information from Congress during the Iran-Contra scandal."
A 62-year-old Black man is expected to spend the rest of his life in Louisiana's largest maximum-security prison after the state Supreme Court denied his request to overturn his life sentence 23 years after he was convicted for attempting to steal a pair of hedge clippers.
Five of the court's six justices ruled last week that Fair Wayne Bryant's life sentence for an attempted burglary in 1997 was fair and should be carried out, leaving Bryant with little recourse.
Chief Justice Bernette Johnson, the court's only female and only Black judge, dissented against the ruling of her five colleagues, all of whom are white men.
"This man's life sentence for a failed attempt to steal a set of three hedge clippers is grossly out of proportion to the crime and serves no legitimate penal purpose," Johnson wrote (pdf).
The ACLU of Louisiana condemned "the sheer cruely and unfairness" of the sentence, calling the court's ruling "enraging and inexcusable."
"A system that condemns a man to life in prison for stealing a pair of hedge clippers is not justice," said Alanah Odoms Hebert, executive director of the ACLU of Louisiana in a statement on Thursday. "It is part and parcel of a system designed to perpetuate racial injustice and white supremacy."
Bryant was stopped by police while driving in Shreveport, Louisiana in 1997 after the officers matched his car to the description of one used in a recent home burglary. He told the police the hedge clippers in his car were his wife's, and acknowledged that he had entered a carport on a private property in search of a tank of gas after his vehicle had broken down. The admission was used against Bryant to secure the conviction and life sentence.
Bryant had also been convicted of previous robberies and an attempted forgery years before 1997, allowing prosecutors to pursue a life sentence based on the state's "habitual offender" law.
The habitual offender provision and Bryant's sentence, Johnson wrote in her dissent, are modern-day manifestations of Reconstruction-era "pig laws." The laws targeted recently-emancipated Black people for crimes involving petty theft, often linked to the persistent poverty in which formerly-enslaved people lived.
Under the laws, accused criminals were sentenced to forced labor.
"Pig Laws were largely designed to re-enslave African Americans," Johnson wrote.
The ACLU of Louisiana demanded that state legislators repeal the habitual offender law.
"Legislators have a clear choice to make when they return to session: defend these extreme and unjust sentences, or stand with Fair Wayne Bryant and repeal this unjust law once and for all," said Hebert.
Benjamin Crump, a lawyer for the family of George Floyd, whose killing by four Minneapolis police officers in May sparked a nationwide uprising against policing and racial injustice, tweeted that the ruling illustrated the "two justice systems in America."
While Bryant will live out the rest of his life in prison, the three Louisville police officers who shot and killed Breonna Taylor in March have yet to face criminal charges, while Iran-Contra convict Elliott Abrams on Thursday was named State Department Iran envoy.
The contrast between sentences for Black Americans like Bryant and the justice system's treatment of powerful white people "is why we need change," tweeted Crump.
Following the resignation Thursday of State Department Iran envoy Brian Hook, President Donald Trump named as his replacement current special representative for Venezuela Elliott Abrams, a notorious warmonger and supporter of Latin American death squads who was convicted in 1991 of withholding information from Congress during the Iran-Contra scandal.
"Like most Trump appointees, he is not fit for the position, and will continue to hurt U.S. interests by enacting a failing strategy that will only succeed in spreading chaos and misery."
--Sina Toossi, National Iranian American Council
Abrams will now serve in both roles simultaneously, alarming anti-war groups who say someone with a record as blood-stained as his "should be barred for life from government positions and recognized as the war criminal that he is."
"From El Salvador to Guatemala, Nicaragua to Panama, Elliott Abrams' life's work has been defined by the worst impulses of U.S. foreign policy: embracing war, ignoring gross human rights abuses, and supporting horrific authoritarian regimes," said Stephen Miles, executive director of Win Without War.
Abrams' appointment as special envoy to Iran comes days after he confirmed during a Senate hearing that he is still "working hard" to topple Venezuela's democratically-elected President Nicolas Maduro. Sina Toossi, senior research analyst at the National Iranian American Council (NIAC), warned that the Trump administration's installation of Abrams as the top U.S. diplomat to Iran shows the president and Secretary of State Mike Pompeo are "doubling down" on their push for regime change in Iran as well.
"Like most Trump appointees," said Toossi, "he is not fit for the position, and will continue to hurt U.S. interests by enacting a failing strategy that will only succeed in spreading chaos and misery."
In a statement late Thursday, anti-war group CodePink provided a snapshot of Abrams' views and record dating back to his time in the Reagan administration:
"The dangerous conflict resulting from Trump's withdrawal from the nuclear agreement will be exacerbated by a man committed to Washington's failed policies of regime change," CodePink said. "Elliott Abrams has made a career of lying and committing criminal acts that have led to the death and suffering of innocent people from Guatemala to Iraq. He embraces militarism, covers up for gross human rights abuses, and has a history of supporting authoritarian regimes."
Whether you consider the appalling death toll or the equally unacceptable rising numbers of Covid-19 cases, the United States has one of the worst records worldwide when it comes to the pandemic. Nevertheless, the president has continued to behave just as he promised he would in March when there had been only 40 deaths from the virus here and he said, "I don't take responsibility at all."
In April, when 50,000 Americans had died, he praised himself and his administration, insisting, "I think we've done a great job." In May, as deaths continued to mount nationwide, he insisted, "We have met the moment and we have prevailed." In June, he swore the virus was "dying out," contradicting the views and data of his just-swept-into-the-closet coronavirus task force. In July, he cast the blame for the ongoing disaster on state governors, who, he told the nation, had handled the virus "poorly," adding, "I supplied everybody." It was the governors, he assured the public, who had failed to acquire and distribute key supplies, including protective gear and testing supplies.
"Trump and his team have given lack of accountability a new meaning in America."
All told, he's been a perfect model in deflecting all responsibility, even as the death toll soared over 150,000 with more than four million cases reported nationwide and no end in sight, even as he assured the coronavirus of a splendid future in the U.S. by insisting that all schools reopen this fall (and that the Centers for Disease Control and Prevention back him on that).
In other words, Donald Trump and his team have given lack of accountability a new meaning in America. Their refusal to accept the slightest responsibility for Covid-19's rampage through this country may seem startling (or simply like our new reality) in a land that has traditionally defined itself as dedicated to democratic governance, and the rule of law. It has long seen itself as committed to transparency and justice, through investigations, reports, and checks and balances, notably via the courts and Congress, designed to ensure that its politicians and officials be held responsible for their actions. The essence of democracy -- the election -- was also the essence of accountability, something whose results Donald Trump recently tried to throw into doubt when it comes to the contest this November.
Still, the loss of accountability isn't simply a phenomenon of the Trump years. Its erosion has been coming for a long time at what, in retrospect, should seem an alarmingly inexorable pace.
In August 2020, it should be obvious that America, a still titanic (if fading) power, has largely thrown accountability overboard. With that in mind, here's a little history of how it happened.
The War on Terror
As contemporary historians and political analysts tell it, the decision to go to war in Iraq in the spring of 2003, which cost more than 8,000 American lives and led to more than 200,000 Iraqi deaths, military and civilian, was more than avoidable. It was the result of lies and doctored information engineered to get the U.S. involved in a crucial part of what would soon enough become its "forever wars" across the Greater Middle East and Africa.
As Robert Draper recently reminded us, those in the administration of President George W. Bush who contested information about the presence of weapons of mass destruction in Saddam Hussein's Iraq were ignored or silenced. Worse yet, torture was used to extract a false confession from senior al-Qaeda member Ibn Sheikh al-Libi regarding the terror organization's supposed attempts to acquire such weaponry there. Al-Libi's testimony, later recanted, was used as yet another pretext to launch an invasion that top American officials had long been determined to set in motion.
And it wasn't just a deceitful decision. It was a thoroughly disastrous one as well. There is today something like a consensus among policy analysts that it was possibly the "biggest mistake in American military history" or, as former Senate Majority Leader Harry Reid (D-NV) put it four years after the invasion, "the worst foreign policy mistake in U.S. history," supplanting the Vietnam War in the minds of many.
And that raises an obvious question: Who was held accountable for that still unending disaster? Who was charged with the crime of willfully and intentionally taking the nation to war -- and a failed war at that -- based on manufactured facts? In numerous books, the grim realities of that moment have been laid out clearly. When it comes to any kind of public censure, or trial, or even an official statement of wrongdoing, none was ever forthcoming.
Nor was there any accountability for the policy and practice of torture, "legally" sanctioned then, that took the country back to practices more common in the Middle Ages. (It's worth noting as well that John Yoo, who wrote the memos authorizing such torture then, is now helping the Trump administration find ways to continue evading checks on the presidency.)
More than a decade ago at TomDispatch, I wrote about how the Bush administration supported such acts at the highest levels. As a result, in the early years of the war on terror, in 20 CIA "black sites," located in eight countries, the U.S. government used torture, as a Senate Select Intelligence Committee Report of December 2014 would detail, to elicit information and misinformation from dozens of "high-value detainees."
It should go without saying that torture violates just about every precept of the modern rule of law: the renunciation of adjudication in favor of brutality, the use of dungeon-like chambers and medieval equipment rather than the expertise of intelligence professionals gathering information, and of course the rejection of any conviction that civility and rights are valuable.
Among his first acts on entering the Oval Office, Barack Obama pledged that the United States under his leadership would "not torture." Nonetheless, the lawyers who wrote the memos legally approving those policies were never held accountable, nor were the Bush administration officials who signed off on them (and had such techniques demonstrated to them in the White House); nor, of course, were the actual torturers and the doctors who advised them in any way censured or criminally charged in American courts.
Indeed, many of their careers only advanced as they took jobs like a federal judge, a professor at a prestigious law school, or a well-remunerated author. When suggestions for leveling criminal charges or holding congressional hearings and investigations were raised, the Obama administration decided not to proceed. Attorney General Eric Holder claimed that "the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt," while President Obama insisted that the administration should "look forward as opposed to looking backwards." Accountability was once again abandoned.
And looming over the war on terror, the invasion of Iraq, and those torture policies was a refusal to hold any agency, administration, or anyone at all responsible for failing to stop 9/11 from happening in the first place. The 9/11 Commission Report might have been an initial step in that process, but as journalist Philip Shenon put it in his book The Commission: The Uncensored History of the 9/11 Investigation, the report "skirt[ed] judgements about people who almost certainly had some blame for failing to prevent September 11."
Evasion Elsewhere
It wasn't only in relation to the war on terror that accountability vanished. The government responded to the 2007-2008 banking crisis with a similar determination to avoid it. At that time, the men who ran the nation's largest banks had played upon the greed of investors to leverage mortgage investments until, lacking government bailouts, their companies would have gone under. In response, both the Bush and Obama administrations bandaged the losses with federal funds. Yet when it came to a classic dive into irresponsible and even illegal financial behavior, they offered stern warnings and nothing else.
Accountability had been similarly elusive for corporate crimes for decades. Take, for instance, the 1989 Exxon Valdez oil spill that covered 1,300 miles of Alaskan coastline with oil, while killing thousands of birds, otters, seals, and whales. Lawsuits brought by that state did result in payments of more than $1 billion after the federal government indicted ExxonMobil for violating the Clean Water Act. However, only the captain of the ship, whom many experts felt had been scapegoated, was convicted of a criminal offense.
A separate lawsuit filed on behalf of local fishermen, native Alaskans, and landowners fared less well. In our post-9/11 era of unaccountability, the penalties that had been leveled against the oil company were reconsidered. In 2008, the Supreme Court reduced a $5 billion punitive damages award by 89% to $507.5 million dollars. And in 2017, in the early months of the Trump administration, 26 years of litigation came to an abrupt end when a federal court in Alaska decided not to pursue a final ExxonMobil payment of $100 million for damages from the spill.
As it turns out, (lack of) accountability is increasingly not just a matter of the law but of politics, as the Mueller investigation of Russian interference in the presidential election of 2016 highlighted. No matter how much information Mueller and his team collected demonstrating violations of both law and policy in future president Donald Trump's dealings with Russia, or how much information a series of career diplomats and national security officials provided on his quid pro quo approach to Ukrainian officials, escaping blame, not to mention impeachment, has proven all too easy for the president.
As Attorney General Barr told the nation, misrepresenting the essence of the Mueller report, the investigation "did not find that the Trump campaign or anyone associated with it conspired or coordinated with Russia in its efforts to influence the 2016 U.S. presidential election." More accurately, the report concluded that the evidence "does not exonerate" the president.
Subsequently, nine individuals, seven of them members of the Trump team, were found guilty and 13 Russian nationals and three Russian companies were indicted (though charges against two of the companies have been dropped by Barr's Department of Justice). And while five of those convicted went to jail, Donald Trump commuted the sentence of his close associate Roger Stone. Meanwhile, the prosecution of his first National Security Advisor Michael Flynn is still in turmoil after the Department of Justice directed and a federal appeals court ordered the case to be dropped. As the Flynn episode demonstrates, even when individuals were held accountable, the president and his administration have, in essence, refused to accept the judgments of the courts.
In other words, the mechanisms for shining a light on government wrongdoing are being systematically undermined and abolished. In that spirit, in April and May at the behest of the president, numerous inspectors general, tasked by law with investigating and reporting on wrongdoing in their agencies, were fired, including those for the State Department and the Intelligence Community, as well as the acting inspectors general for the departments of Defense, Health and Human Services, and Transportation.
In the age of Trump we're reaching the end of the line when it comes to accountability in the halls of government. Increasingly, it's no longer an American concept.
Once Upon a Time
It hasn't always been this way. In the past, when government policy or the officials making it have gone rogue, broken the law, and conspired against the basic tenets of American democracy, they have, at times, paid the price. Nearly a century ago, for instance, President Warren Harding's Secretary of the Interior Albert Fall went to prison for accepting bribes from oil companies in the Teapot Dome Scandal. In fact, the list of former government officials who have been convicted and served time in jail is long.
Fifty years later, in the Watergate scandal of Richard Nixon's presidency, 69 individuals, including several top government officials, were indicted and 48 of them found guilty of burglarizing documents from and wiretapping Democratic Party headquarters, among other things. The trail of illegality and cover-up went right up to the office of the president, ending in impeachment proceedings, which led President Nixon to resign.
During the years of Ronald Reagan's presidency, misuse of power was punished as well. Fourteen people in or close to his administration were convicted for their participation in the Iran-Contra scandal in which the government secretly sold weapons to Iran, an act proscribed by law, with plans to use the funds from those sales to support American-backed Contra rebels in Nicaragua (also in violation of U.S. law). True, of the 14 charged and 11 convicted, only one actually served his sentence in prison. Nonetheless, the convictions stood as a testament to a public acknowledgement of governmental wrongdoing.
"In its own deadly fashion, the pandemic crisis may actually help turn the tide and bring accountability back to American shores. If more than 150,000 deaths, countless numbers of them preventable, don't offer a compelling reason to hold our public officials responsible, then what would?"
Perhaps the saddest part of all is that the Trump administration has not just refused to take responsibility for anything whatsoever, but has blamed others, even those on the front lines of pandemic defense, for things that it did. Since Covid-19 struck American shores and the president and his officials failed to respond, resulting in a catastrophically high -- and climbing -- death toll, accountability has been harnessed to political whims in a new way. The president has, for instance, blamed President Obama whose pandemic office was dismantled by Trump's own national security advisor John Bolton.
Until recently, President Trump refused to wear a mask in public and insisted -- until belatedly canceling the Republican National Convention in Jacksonville, Florida, still rife with the pandemic -- on holding a maskless, unsocial-distanced indoor rally in Tulsa despite overwhelming evidence that indoor transmission is the predominant means by which Covid-19 spreads. In doing so, he also encouraged irresponsible behavior at a local level, while supporting governors ready to imprudently reopen their state economies far too quickly and so condemn Americans there to an explosion of new cases.
It's possible that this abdication of leadership, leading to a disastrously rising death rate, will, in the end, help Americans turn the corner from unaccountability to accountability -- and not just for the disastrous Covid-19 response. Recent street protests from Portland to Manhattan, Chicago to Kansas City, are a sign that accountability is long overdue, not just for the current era, but for this century of American life.
In March, journalist Peter Bergen was the first person to call for a 9/11-style commission to investigate the government's response to the coronavirus, "if only to make sure the nation is prepared for the next pandemic." Recently, Democratic Senator Dianne Feinstein and Democratic Congressman Adam Schiff, both from California, also proposed a Covid-19 Commission "not as a political exercise to cast blame, but to learn from our mistakes so we can prevent the problems we now face from being tragically repeated... An honest analysis is the only way to adequately prepare for the next novel virus or another disaster."
Of course, no such thing is imaginable until Donald Trump is out of office and the Senate in Democratic hands, which does look possible. In the meantime, in its own deadly fashion, the pandemic crisis may actually help turn the tide and bring accountability back to American shores. If more than 150,000 deaths, countless numbers of them preventable, don't offer a compelling reason to hold our public officials responsible, then what would?
Whatever the punishments, however symbolic or cosmetic, crimes of this sort need to be exposed for what they are and those who carried them out officially identified and held to account. This has nothing to do with retribution. It is not about exacting punishment. It's about shining a beam of light on deeds that have been harmful beyond imagination and must never be repeated. We as a nation need to remind ourselves of what morality, justice, and the responsible use of power can mean. The country has to be given a chance to restore its long-faded commitment to accountable government. And perhaps we should acknowledge one more crucial thing: that this may prove to be our last chance.
Americans are facing "A Spring Unlike Any Before." So warned a front-page headline in the March 13th New York Times.
That headline, however hyperbolic, was all too apt. The coming of spring has always promised relief from the discomforts of winter. Yet, far too often, it also brings its own calamities and afflictions.
According to the poet T.S. Eliot, "April is the cruelest month." Yet while April has certainly delivered its share of cataclysms, March and May haven't lagged far behind. In fact, cruelty has seldom been a respecter of seasons. The infamous influenza epidemic of 1918, frequently cited as a possible analogue to our current crisis, began in the spring of that year, but lasted well into 1919.
That said, something about the coronavirus pandemic does seem to set this particular spring apart. At one level, that something is the collective panic now sweeping virtually the entire country. President Trump's grotesque ineptitude and tone-deafness have only fed that panic. And in their eagerness to hold Trump himself responsible for the pandemic, as if he were the bat that first transmitted the disease to a human being, his critics magnify further a growing sense of events spinning out of control.
Yet to heap the blame for this crisis on Trump alone (though he certainly deserves plenty of blame) is to miss its deeper significance. Deferred for far too long, Judgment Day may at long last have arrived for the national security state.
Origins of a Colossus
That state within a state's origins date from the early days of the Cold War. Its ostensible purpose has been to keep Americans safe and so, by extension, to guarantee our freedoms. From the 1950s through the 1980s, keeping us safe provided a seemingly adequate justification for maintaining a sprawling military establishment along with a panoply of "intelligence" agencies -- the CIA, the DIA, the NRO, the NSA -- all engaged in secret activities hidden from public view. From time to time, the scope, prerogatives, and actions of that conglomeration of agencies attracted brief critical attention -- the Cuban Bay of Pigs fiasco in 1961, the Vietnam War of the 1960s and early 1970s, and the Iran-Contra affair during the presidency of Ronald Reagan being prime examples. Yet at no time did such failures come anywhere close to jeopardizing its existence.
Indeed, even when the implosion of the Soviet Union and the end of the Cold War removed the original justification for its creation, the entire apparatus persisted. With the Soviet Empire gone, Russia in a state of disarray, and communism having lost its appeal as an alternative to democratic capitalism, the managers of the national security state wasted no time in identifying new threats and new missions.
The new threats included autocrats like Panama's Manuel Noriega and Iraq's Saddam Hussein, once deemed valuable American assets, but now, their usefulness gone, classified as dangers to be eliminated. Prominent among the new missions was a sudden urge to repair broken places like the Balkans, Haiti, and Somalia, with American power deployed under the aegis of "humanitarian intervention" and pursuant to a "responsibility to protect." In this way, in the first decade of the post-Cold War era, the national security state kept itself busy. While the results achieved, to put it politely, were mixed at best, the costs incurred appeared tolerable. In sum, the entire apparatus remained impervious to serious scrutiny.
Protecting Americans where they live ought to be the national security priority of our time. The existing national security state is incapable of fulfilling that imperative, while its leaders, fixated on waging distant wars, have yet to even accept that they have a responsibility to do so.
During that decade, however, both the organs of national security and the American public began taking increased notice of what was called "anti-American terrorism" -- and not without reason. In 1993, Islamic fundamentalists detonated a bomb in a parking garage of New York's World Trade Center. In 1996, terrorists obliterated an apartment building used to house U.S. military personnel in Saudi Arabia. Two years later, the U.S. embassies in Kenya and Tanzania were blown up and, in 2000, suicide bombers nearly sank the USS Cole, a Navy destroyer making a port call in Aden at the tip of the Arabian peninsula. To each of these increasingly brazen attacks, all occurring during the administration of President Bill Clinton, the national security state responded ineffectually.
Then, of course, came September 11, 2001. Orchestrated by Osama bin Laden and carried out by 19 suicidal al-Qaeda operatives, this act of mass murder inflicted incalculable harm on the United States. In its wake, it became common to say that "9/11 changed everything."
In fact, however, remarkably little changed. Despite its 17 intelligence agencies, the national security state failed utterly to anticipate and thwart that devastating attack on the nation's political and financial capitals. Yet apart from minor adjustments -- primarily expanding surveillance efforts at home and abroad -- those outfits mostly kept doing what they had been doing, even as their leaders evaded accountability. After Pearl Harbor, at least, one admiral and one general were fired. After 9/11, no one lost his or her job. At the upper echelons of the national security state, the wagons were circled and a consensus quickly formed: no one had screwed up.
Once President George W. Bush identified an "Axis of Evil" (Iraq, Iran, and North Korea), three nations that had had nothing whatsoever to do with the 9/11 attacks, as the primary target for his administration's "Global War on Terrorism," it became clear that no wholesale reevaluation of national security policy was going to occur. The Pentagon and the Intelligence Community, along with their sprawling support network of profit-minded contractors, could breathe easy. All of them would get ever more money. That went without saying. Meanwhile, the underlying premise of U.S. policy since the immediate aftermath of World War II -- that projecting hard power globally would keep Americans safe -- remained sacrosanct.
Viewed from this perspective, the sequence of events that followed was probably overdetermined. In late 2001, U.S. forces invaded Afghanistan, overthrew the Taliban regime, and set out to install a political order more agreeable to Washington. In early 2003, with the mission in Afghanistan still anything but complete, U.S. forces set out to do the same in Iraq. Both of those undertakings have dragged on, in one fashion or another, without coming remotely close to success. Today, the military undertaking launched in 2001 continues, even if it no longer has a name or an agreed-upon purpose.
Nonetheless, at the upper echelons of the national security state, the consensus forged after 9/11 remains firmly in place: no one screws up. In Washington, the conviction that projecting hard power keeps Americans safe likewise remains sacrosanct.
In the nearly two decades since 9/11, willingness to challenge this paradigm has rarely extended beyond non-conforming publications like TomDispatch. Until Donald Trump came along, rare was the ambitious politician of either political party who dared say aloud what Trump himself has repeatedly said -- that, as he calls them, the "ridiculous endless wars" launched in response to 9/11 represent the height of folly.
Astonishingly enough, within the political establishment that point has still not sunk in. So, in 2020, as in 2016, the likely Democratic nominee for president will be someone who vigorously supported the 2003 invasion of Iraq. Imagine, if you will, Democrats in 1880 nominating not a former union general (as they did) but a former confederate who, 20 years before, had advocated secession. Back then, some sins were unforgivable. Today, politicians of both parties practice self-absolution and get away with it.
The Real Threat
Note, however, the parallel narrative that has unfolded alongside those post-9/11 wars. Taken seriously, that narrative exposes the utter irrelevance of the national security state as currently constituted. The coronavirus pandemic will doubtless prove to be a significant learning experience. Here is one lesson that Americans cannot afford to overlook.
Presidents now routinely request and Congress routinely appropriates more than a trillion dollars annually to satisfy the national security state's supposed needs. Even so, Americans today do not feel safe and, to a degree without precedent, they are being denied the exercise of basic everyday freedoms. Judged by this standard, the apparatus created to keep them safe and free has failed. In the face of a pandemic, nature's version of an act of true terror, that failure, the consequences of which Americans will suffer through for months to come, should be seen as definitive.
But wait, some will object: Don't we find ourselves in uncharted waters? Is this really the moment to rush to judgment? In fact, judgment is long overdue.
While the menace posed by the coronavirus may differ in scope, it does not differ substantively from the myriad other perils that Americans have endured since the national security state wandered off on its quixotic quest to pacify Afghanistan and Iraq and purge the planet of terrorists. Since 9/11, a partial roster of those perils would include: Hurricane Katrina (2005), Hurricane Sandy (2012), Hurricanes Harvey, Irma, and Maria (2017), and massive wildfires that have devastated vast stretches of the West Coast on virtually an annual basis. The cumulative cost of such events exceeds a half-trillion dollars. Together, they have taken the lives of several thousand more people than were lost in the 2001 attack on the World Trade Center and the Pentagon.
Earlier generations might have written all of these off as acts of God. Today, we know better. As with blaming Trump, blaming God won't do. Human activities, ranging from the hubristic reengineering of rivers like the Mississippi to the effects of climate change stemming from the use of fossil fuels, have substantially exacerbated such "natural" catastrophes.
And unlike faraway autocrats or terrorist organizations, such phenomena, from extreme-weather events to pandemics, directly and immediately threaten the safety and wellbeing of the American people. Don't tell the Central Intelligence Agency or the Joint Chiefs of Staff but the principal threats to our collective wellbeing are right here where we live.
Apart from modest belated efforts at mitigation, the existing national security state is about as pertinent to addressing such threats as President Trump's cheery expectations that the coronavirus will simply evaporate once warmer weather appears. Terror has indeed arrived on our shores and it has nothing to do with al-Qaeda or ISIS or Iranian-backed militias. Americans are terrorized because it has now become apparent that our government, whether out of negligence or stupidity, has left them exposed to dangers that truly put life and liberty at risk. As it happens, all these years in which the national security state has been preoccupied with projecting hard power abroad have left us naked and vulnerable right here at home.
Protecting Americans where they live ought to be the national security priority of our time. The existing national security state is incapable of fulfilling that imperative, while its leaders, fixated on waging distant wars, have yet to even accept that they have a responsibility to do so.
Worst of all, even in this election year, no one on the national political scene appears to recognize the danger now fully at hand.
After the illegal assassination of Iranian Gen. Qassem Soleimani, FAIR (1/9/20) noted that the corporate media offered no moral objections to murdering another country's high-ranking state official. The media consensus was that Soleimani was a despicable "terrorist" responsible for the deaths of "hundreds of Americans"--a formula that buried the crucial distinction between terrorism and armed resistance, presenting military combat against the US and its allies' occupation forces in the Middle East as inherently illegitimate.
The New York Times' editorial board (1/3/20) declared that the "real question" about the Trump administration's drone strike was "not whether it was justified, but whether it was wise," because Soleimani was "indisputably an enemy of the American people," and an "architect of international terrorism responsible for the deaths of hundreds of Americans and a great many others in the region, from Yemen to Syria." The LA Times editorial board (1/3/20) claimed that Soleimani was a:
key architect in Iran's destabilizing policies in the Middle East, and a force behind militias and terror groups that have killed and maimed countless civilians and soldiers, including US troops and contractors.
The Wall Street Journal's editorial board (1/3/20) proclaimed that "Mr. Trump's decisive action" has struck "a blow against terror in the cause of justice and American interests," and dismissed the need for evidence of Soleimani's alleged plans to "attack American diplomats and service members." because it was "belated justice" for the "hundreds of Americans whom Soleimani had a hand in killing," and was another successful "show of force" to "deter terrorism against Americans."
This credulous acceptance of the US government's practice of branding Official Enemies as "terrorists" goes far beyond Soleimani. If there are any questions, they are often confined to whether this will negatively impact the US, with the credibility of US "terrorist" designations, with all of their repercussions, being unimpeachable. For years, corporate media have uncritically parroted the US State Department's absurd assertions of Iran being the world's "leading state sponsor of terrorism" with a "near-global reach" (Washington Post, 9/19/18; CNN, 6/2/16, Fox News, 11/2/19). According to the US State Department's "Country Reports on Terrorism 2018," Iran is the "world's worst state sponsor of terrorism" because it supports:
Hezbollah, Palestinian terrorist groups in Gaza, and various groups in Syria, Iraq and throughout the Middle East. Iran used the Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF) to provide support to terrorist organizations, provide cover for associated covert operations, and create instability in the region. Iran has acknowledged the involvement of the IRGC-QF in the Iraq and Syria conflicts, and the IRGC-QF is Iran's primary mechanism for cultivating and supporting terrorists abroad.
FAIR (Extra!, 3/02; FAIR.org, 3/13/19) has repeatedly pointed out that US media conveniently avoid defining "terrorism," because a consistent definition would undermine the conventional usage--that terrorism is what you call weak, nonstate actors using homemade bombs, regardless of their target. If you defined it, say, as "deliberately and violently targeting civilians for political purposes," that would tend to rule out roadside bombs hitting US military patrols, and rule in Saudi Arabia's US-backed bombing of Yemeni civilians.
Defining terrorism by the means used to carry out violence rather than the targets of that violence, and emphasizing the identity of the perpetrators rather than their political motives, is a convenient way to avoid the conclusion that the US's so-called "War on Terror" is a hypocritical farce (FAIR.org, 3/29/18). Glenn Greenwald noted the dishonesty and hypocrisy of US media covering attacks on military targets as terrorism, while the Obama administration redefined "combatant" to mean "all military-age males in a strike zone"--which, in practice, can be anywhere.
Nevertheless, when the State Department declared that Soleimani's Islamic Revolutionary Guard Corps (IRGC) is a "terrorist" organization, many reports offered little pushback, except for the possibility that it might "complicate military and diplomatic work by prohibiting contact with foreign officials who have worked with the Guard" (The Hill, 4/8/19) or "incite retaliation by Tehran against American troops and intelligence officers" (New York Times, 4/8/19).
The justification offered by the New York Times (4/8/19) for the Trump administration naming the Islamic Revolutionary Guard Corps as a terrorist group is that it allegedly "helped train Iraqi Shiite militias to fight American troops"--an accusation that, if true, would not fit most definitions of terrorism.
The New York Times (4/8/19) also raised the limited consideration of whether "other government intelligence agencies that use violence--including those of Israel, Pakistan and Russia--also now meet that standard." Politico (4/8/19) tellingly remarked that it's the "first time the United States has designated an official military force of another country a terrorist group," because such designations are "typically reserved for non-state actors."
But when one examines the State Department's rationale for designating Iran as the "world's worst state sponsor of terrorism," it should be clear that Iran is considered so because it supports armed resistance groups opposing the US and Israel's illegal occupation of Middle Eastern territories. As FAIR (6/6/19, 1/21/20) noted, if US media tend to consider the imperial violence committed by the US and its allies to be righteous and inherently defensive by default, then any anti-imperialist violence must be considered aggressive and illegitimate, simply because it resists US-backed violence.
Of course, as Stephen Zunes and Gareth Porter have already pointed out (FAIR.org, 1/21/20), there is little evidence that the IRGC-Quds Force formerly headed by Soleimani were responsible for the 13-year old talking point of Iran killing "hundreds of Americans" in Iraq--a country the US illegally invaded and is currently occupying against the will of its elected representatives--except for the far-fetched claim that those IEDs were too "sophisticated" to have been made in Iraq. Contrary to reports, Soleimani did not seem to have "imminent" plans to attack the US, because he had arrived in Baghdad to attend regional peace talks with Saudi Arabia on behest of the Iraqi prime minister, with Trump's knowledge. Soleimani was also a widely respected adversary of ISIS and the US-backed Syrian rebels linked to Al Qaeda (FAIR.org, 3/21/16, 1/4/17, 7/27/17).
Corporate media's propagandistic coverage is most apparent when they consistently refuse to hold the US government accountable to its own standards for what constitutes "state sponsors of terrorism." Comparing Iran's relationship with armed Middle Eastern resistance groups like Hamas, Hezbollah and Houthi rebels with the US' relationship with Israel and Saudi Arabia make it abundantly clear that the US far eclipses Iran in terrorism sponsorship.
If Iran is a "state sponsor of terrorism" because it provides support to "Palestinian terrorist groups in Gaza," then does the US providing cash, weapons and surveillance for Israel's state terrorism against Palestinians qualify the US as a "state sponsor of terrorism"? According to B'Tselem's figures from 2000 all the way through the end of 2019, while Palestinian militants have killed a total of 301 Israeli civilians, Israeli security forces have killed 5,279 Palestinians who did not take part in hostilities, or were killed during the course of targeted killings (which are illegal under international law).
Likewise, if Iran is considered a state sponsor of terrorism because it provides material support to Hezbollah, what does that say about US support for Israel, whose illegal occupation of southern Lebanon prompted Hezbollah's rise? In the conflict over Lebanon, Israel has been responsible for shedding far more civilian blood: According to Human Rights Watch, the 2006 Lebanon War resulted in the deaths of 43 Israeli civilians from Hezbollah's indiscriminate rocket attacks, and around 900 Lebanese civilian deaths from Israeli airstrikes.
Even though the vast majority of State Department-designated terrorist groups are Sunni extremists that view the West and Iran as their biggest enemies, Grayzone reporter Ben Norton has repeatedly noted that US officials dishonestly conflate Sunni miitant groups like Al Qaeda and ISIS--who advocate a genocidal takfiri policy towards civilians and fellow Muslims--with Shi'a Islamist groups like Hezbollah, which primarily attack military and government targets for the purpose of expelling US presence from the region.
Despite the dubious media consensus on Iran being the world's greatest state sponsor of terrorism, annual reports from the National Counterterrorism Center attribute the vast majority of terrorist attacks since 2001 to "Sunni extremists" who adhere to the Wahabbi-Salafi ideology, held in common by ISIS and Al Qaeda. US ally Saudi Arabia spends vast sums of money to export this extremist Sunni ideology--while Iranian/Shi'ite terrorism isn't even a category in US counterterrorism reporting, and is a much smaller threat than domestic white nationalist terrorist attacks. Yet, under current US law, Americans can sue Iran, but not Saudi Arabia, for terrorism in US courts, because Iran is on the US list of designated state sponsors of terrorism and Saudi Arabia is not.
Aside from the alleged link between Saudi officials and the 9/11 attacks killing nearly 3,000 people on US soil, Saudi Arabia's genocidal war to crush Yemeni independence (considered by the UN to be the world's worst humanitarian crisis) can also qualify as state sponsorship of terrorism.
According to the Armed Conflict Location & Event Data Project (ACLED), the conflict has caused over 100,000 deaths since 2015. While the Houthi rebels have killed over 2,000 civilians, Saudi Arabia has killed 8,000 by deliberately attacking civilian targets. The US sponsors Saudi Arabia by being its biggest arms dealer, as well as providing intelligence, training and refueling, which makes the US a partner to the Saudi-led coalition's war crimes (Guardian, 10/3/19).
Despite US media obfuscation, it's often admitted that Saudi Arabia couldn't wage this war without crucial US support, meaning the US could end this conflict anytime it wants to by withdrawing that support.
Even on the debate's own terms, there's a much stronger case that the US rather than Iran is actually the world's biggest state sponsor of terrorism. A country that supported bringing "the terrors of the earth" to Cuba to sabotage its revolutionary government, and funded terrorist Contra groups in Nicaragua with cash gained from selling weapons to Iran, as well as providing the groundwork for Al Qaeda and ISIS to emerge (Extra!, 1/02; FAIR.org, 11/22/19), has no credibility to designate any other state as a terrorist organization.