The shutdown: Day two

10.2.2013 Leave a comment

Norman Pollack’s recent description of the impasse rings true:

The “shutdown issue,” presently mired in the political-ideological battle between the Far Right and the Less-Far Right (House Republicans and Administration Democrats), has little to do with the social welfare of the American people, and instead reveals discernible differences only on the degrees of sophistication informing the programs of each in their determined assistance to corporate capitalism. Republicans in this tableau (a staged presentation going back decades in the roles assumed by each side) are the visceral fascists, striking out at government without realizing how much it helps, assists, and protects business and banking, while Democrats actively, yet with becoming liberal rhetoric to hide from themselves their delusions and treachery, take help, assistance, and protection to a higher level of systemic interpenetration between business and government by means of a regulatory framework written by the affected interests.

Pollack considers the shutdown to be an opportunity:

Shutdown, ideally, equals wake-up, an exposure of widespread impoverishment on one hand, widespread waste, corruption of democratic institutions, and military aggression pure-and-simple on the other. If nothing more, scaring the folks at Morgan Chase and Goldman Sachs until the legislative conflict is papered over, is worth the candle, considering that nothing will be done for the poor in any case.

But it should prove to be an opportunity missed by those who need to act to bring Superpower to heel:

Sequestration will ensure the lifeblood of the current American polity and economy, militarism attached to the continuing program of global hegemony, so that neither Republicans nor Democrats find urgency in resolving the present stalemate—and in fact, holding the bottom one-fourth of the people hostage to the utter good will of the political system and the consolidated wealth standing behind it, as the source for a solution, is a good lesson in proper obedience, deportment, citizenship. Dangle just enough social- welfare anticipated goodies before the people to ensure quiescence while simultaneously magnifying ideological differences that hardly exist, and one has the perfect formula keeping the masses distracted from the main show—not shutdowns or debt ceilings, but a foreign policy of global capitalist expansion geared to US-defined financial, monetary, and trade advantages, coupled with necessary regime change for their realization, all wrapped in a framework of massive surveillance at home and the quickening paces for demanding patriotism and conformity.

Today, political accountability originates in the streets. Democracy also. Both originate in the streets because America’s electoral mechanism, its judicial practices and its Congress have proved themselves incapable of protecting the citizenry from the government and, of course, the world from America’s empire. But public action of this kind is now risky and even mortally dangerous. Nevertheless the appearance of anti-system social movements and public protest motivated by a system-critical political culture appear to be necessary conditions for the country if it is to move beyond the current situation.

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The FBI considered the Occupy Movement a terrorist threat

12.24.2012 Leave a comment

From a PCJF news release:

FBI documents just obtained by the Partnership for Civil Justice Fund (PCJF) pursuant to the PCJF’s Freedom of Information Act demands reveal that from its inception, the FBI treated the Occupy movement as a potential criminal and terrorist threat even though the agency acknowledges in documents that organizers explicitly called for peaceful protest and did “not condone the use of violence” at occupy protests.

The PCJF has obtained heavily redacted documents showing that FBI offices and agents around the country were in high gear conducting surveillance against the movement even as early as August 2011, a month prior to the establishment of the OWS encampment in Zuccotti Park and other Occupy actions around the country.

In other words, according to Mara Verheyden-Hilliard, the Executive Director of the PCJF:

“These documents show that the FBI and the Department of Homeland Security are treating protests against the corporate and banking structure of America as potential criminal and terrorist activity. These documents also show these federal agencies functioning as a de facto intelligence arm of Wall Street and Corporate America.”

It is always good to have allies in high places….

Along with the thugs they authorize….

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Fazaga v. FBI

8.18.2012 1 Comment

Writing for the People’s Blog for the Constitution, Shahid Buttar observed that:

On Tuesday, August 14, a federal judge issued a disturbing ruling allowing the Federal Bureau of Investigation (FBI) to evade public accountability for infiltrating faith institutions, monitoring law-abiding people, recording sexual encounters, and then lying about all of it. Carney’s decision erodes democracy in two dimensions at once, enabling ongoing constitutional violations by the executive branch while, at the same time, eroding judicial independence.

What Buttar depicts above and throughout his article is a dualism intrinsic to a political system which observes the rule of law in some areas but not all areas. This dualism features prominently in Ernst Frankel’s seminal The Dual State. Frankel’s analysis focuses on the post-Weimar German state as used by the National Socialist to govern Germany. The gist of his analytical edifice rests upon a division of the German state into two coexisting but not equal domains. He calls one domain the Normative State. The Normative State is a domain in which the rule of law regulates social life. He calls the second and superior domain the Prerogative State. The Prerogative State is a domain defined and governed by the prerogative powers of the political sovereign, the kind of powers once available only to a Monarch. In the Prerogative State the law becomes a component of force available to the sovereign. Thus it can be said that the rule by law and coercion replaces the rule of law and legitimate authority in domain of the Prerogative State. In Nazi Germany, the object of Frankel’s analysis, Der Führer was the source of the state’s prerogative powers. In the United States today the state’s prerogative power originated in the President construed as Commander in Chief and the source of authority for the massive security-surveillance apparatus which now exists in the United States. It is this apparatus which operates beyond the reaches of the Normative State, a claim supported by Fazaga v. FBI. In his principal Fazaga ruling, a Federal Judge, Cormac J. Carney, ruled in favor of the Federal Bureau of Investigation:

After careful deliberation and skeptical scrutiny of the public and classified filings, the Court concludes that Plaintiffs’ claims against Defendants, aside from their FISA claim, must be dismissed under the state secrets privilege. Further litigation of those claims would require or unjustifiably risk disclosure of secret and classified information regarding the nature and scope of the FBI’s counterterrorism investigations, the specific individuals under investigation and their associates, and the tactics and sources of information used in combating possible terrorist attacks on the United States and its allies. The state secrets privilege is specifically designed to protect against disclosure of such information that is so vital to our country’s national security.

In his ruling Judge Carney recognized the separate and superior domain of the Prerogative State. It is, by definition, a legal space which lacks rule of law safeguards, as the victims of the FBI in Southern California can claim based on their experiences.

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