Burn After Reading: Why Classified Documents Don’t Matter

            The strange story at the top of the headlines—the current president and the most recent former president are both the subject of special-counsel investigations for taking home classified documents when they left the White House—rests upon two premises. One is patently false. The other is brazenly silly.

            Americans believe their nation exists in a terrifying state of endless peril. Propagandized by popular culture and the media, we imagine that we’re constantly teetering at the precipice of collapse or subjugation, surrounded by clever and ruthless fiendish enemies hellbent on undermining, attacking and ultimately destroying the United States and turning us into their slaves.

The era of great invading armies and empire-building is over. In our world, borders are largely settled so empires are built via economic influence rather than territorial gains. Bigger countries bump up against each other at the edges in search of incremental advantage.

Fewer nations in history have ever been less at risk than the U.S. in 2023. Buffered by vast oceans and bordered by vassal states, enjoying total command of the world’s oceans, the U.S. is uniquely impervious to invasion. No nation-state has launched a military attack on the mainland U.S. since the War of 1812—and we started that one. (In an attempt to buy time, warn us away from the western Pacific and to convince us to drop our oil embargo, Imperial Japan picked Pearl Harbor as a target because it was located on a remote American colony that was not yet a state. The Japanese didn’t think we would care as much as we did.) The danger to the U.S. is from within: right-wing counterrevolution, secession,  disintegration, environmental or economic collapse.

None of the “threats” we worry about—Russia, China, Iran, North Korea—want a war with the U.S., much less to invade. When U.S. adversaries saber-rattle, their motivation is to dissuade us from attacking them. To paraphrase Walter White in “Breaking Bad,” we are not the one who gets attacked. We are the one who attacks.

The hysterical reaction to the classified-documents idiocy rests on a cartoonish worldview derived from watching too many Bourne movies. In the fevered imagination of political-thriller scriptwriters, we would be totally screwed if the wrong Super Duper Important Document were to fall into the clutches of an Evil Enemy of America.

There is no such document.

When, if ever, has a classified document ever been so explosive that it represented a serious threat to national security? Almost certainly never. The exposure of classified material can lead to the theft of technology or the capture or murder of intelligence agents. And when such breaches have occurred, they have been inconveniences that required cleanups and workarounds. They were not existential dangers to the American nation-state. Nuclear launch codes are changed daily, so it wouldn’t even matter if a nefarious foreigner were to nick yesterday’s “gold codes” off the president’s desk.

The problem with classified documents is not the possibility that Donald Trump might, in the ridiculously overheated speculation by mainstream media outlets that ought to know better, sell them to the highest bidder. The problem is that there are too many of them.

Overclassification is wildly out of control. Publicly-available news articles are marked “top secret,” Should we impeach President Biden over keeping some of these next to his car? Description of foreign cultural practices, like wedding ceremonies, are marked “confidential,” so you can be prosecuted as a felon under the Espionage Act for mishandling one. The U.S. government has kept documents classified for a full century; in 2011 the CIA finally declassified World War I-era memos explaining how to expose invisible ink.

“Everything’s secret,” former CIA/NSA director Michael Hayden, remarked “I mean, I got an email saying, ‘Merry Christmas.’ It carried a Top Secret NSA classification marking.”

Get a grip, people!

There would be no effect whatsoever if 99.99999% of classified documents were to be posted to the Internet. Since that’s almost certainly the case about all the documents found in Biden’s garage and at Mar-a-Lago, it would be nice if both major political parties were to drop the posturing over the presidents’ sloppy record management and focus on real problems that affect real Americans every single day: climate change, healthcare for profit, high college tuition, the prison industrial complex, brutal and racist police, unemployment, homelessness, unaffordable housing.

Where would the money come from? We could start by abolishing the unnecessary agencies that churn out those zillions of useless classified documents.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, co-hosts the left-vs-right DMZ America podcast with fellow cartoonist Scott Stantis. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

The Difference between Democrats and Republicans Equals Zero

Democrats often ask progressives: how can you say that there’s no difference between Democrats and the Republican party? While there are differences of tone, on the most important issues there is little to no difference in policy. And Congressional votes reflect that.

What Passes for Progressivism

There is no left in the United States. Certainly not in Congress. Even “progressive” Democrats like AOC argue that the rich should pay higher taxes, a stance perfectly aligned with mainstream DNC leadership. No one argues about where those taxes should be going.

What, Exactly, Isn’t an American Value?

After refusing to concede, shaking up the Pentagon, firing key staffers at NSA and Homeland security, it looks like Donald Trump is setting up a possible coup d’état. That couldn’t happen here? Why? Because it’s against American values?

Don’t Worry, the Government Will only Use Their New Anti-Mass Shooting to Suppress Us

Right wing politicians are using the latest mass shootings in Dayton and El Paso as an excuse to say that they need the same sweeping rights to invade privacy that they currently use to combat foreign terrorists against potential American domestic terrorist threats. It’s not hard to see how these tools would quickly be used to crack down on any form of dissent.

Hacking Dirty Government Secrets Is Not a Crime

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British goon cops acting at the request of the United States government entered Ecuador’s embassy in London, dragged out WikiLeaks founder Julian Assange and prepared to ship him across the pond. After this event last month most of the mainstream media reacted with spiteful glee about Assange’s predicament and relief that the Department of Justice had exercised self-restraint in its choice of charges.“Because traditional journalistic activity does not extend to helping a source break a code to gain illicit access to a classified network, the charge appeared to be an attempt by prosecutors to sidestep the potential First Amendment minefield of treating the act of publishing information as a crime,” reported a pleased The New York Times.

At the time, the feds had accused Assange of hacking conspiracy because he and Army whistleblower Chelsea Manning allegedly discussed how to break into a Pentagon computer.

Bob Garfield of NPR’s “On the Media,” a veteran reporter who should and probably does know better, was one of many establishmentarians who opined that we needn’t worry because Assange isn’t a “real” journalist.

This being the Trump Administration, self-restraint was in short supply. It turns out that the short list of Assange charges was a temporary ploy to manipulate our gullible English allies. Now Assange faces 17 additional charges under the Espionage Act and a finally-concerned Times calls it “a novel case that raises profound First Amendment issues” and “a case that could open the door to criminalizing activities that are crucial to American investigative journalists who write about national security matters.”

Corporate media’s instant reversal on Assange—from rapist scum to First Amendment hero within minutes—elevates self-serving hypocrisy to high art. But that’s OK. Whatever gets Assange closer to freedom is welcome—even the jackals of corporate media.

May we linger, however, on an important point that risks getting lost?

Even if Assange were guilty of hacking into that Pentagon computer…

Even if it had been Assange’s idea…

Even if Manning had had nothing to do with it…

Even if Trump’s DOJ hadn’t larded on the Espionage Act stuff…

 Assange should not have faced any charges.

Included in the material Manning stole from the military and posted to WikiLeaks were the “Afghan War Logs,” the “Iraq War Logs,” files about the concentration camp at Guantánamo and the “Collateral Murder” video of the U.S. military’s 2007 massacre of civilians in Baghdad.

For the sake of argument let’s assume that Assange, without Manning, had personally hacked into a Pentagon computer and in doing so discovered proof that U.S. occupation forces in Iraq and Afghanistan were guilty of war crimes, including torture and the mass murder of civilians for fun—and put that evidence of criminal wrongdoing online. Would Assange deserve a prison term? Of course not. He would merit a medal, a ticker-tape parade, a centrally-located handsome statue or two.

Even if Assange were “guilty” of the hacking charges, so what? The “crime” of which he stands accused pales next to the wrongdoing he helped to expose.

Good Samaritan laws protect people who commit what the law calls a “crime of necessity.” If you save a child from your neighbor’s burning house the police shouldn’t charge you with trespassing. Similarly if the only way to expose government or corporate lawbreaking is to steal confidential documents and release them to the press à la Edward Snowden, you should be immune from prosecution. That principle clearly applies to the materials Manning stole and Assange released as a public service to citizens unaware of the misdeeds committed under their name and at their expense.

Even among liberals it has become fashionable to observe that people who engage in civil disobedience must be prepared to face legal punishment. This is a belief grounded in practicality: individuals who confront the state need to understand that theirs will be a difficult struggle.

Over the past few decades, however, what was common sense has become perverted into a bizarre justification for oppression: Snowden/Assange/Manning/Winner violated laws, they knew what they were doing, that’s the risk they took, and so—this is the weird part—the Left need not defend them.

Yes, these whistleblowers knew (or ought to have known) that they risked prosecution and prison time. But that’s the way things are, not the way they ought to be. The project of a Left must be to fight for society and politics as they should be, not to blandly shrug our shoulders and accept the status quo. Laws should be rewritten to protect whistleblowers like Manning and journalists like Assange who expose official criminality.

Whistleblowers should never face prosecution.

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

 

SYNDICATED COLUMN: The Russia-Trump Conspiracy Theory is a Dead Letter. Here’s Why.

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The Democrat-led anti-Trump “Resistance” and its numerous media mouthpieces have been promoting their “Russia hacked the election” narrative for two years. House Minority Leader Nancy Pelosi fired the biggest recent salvo in this campaign after Trump invited Russian President Vladimir Putin to visit Washington.

“The notion that President Trump would invite a tyrant to Washington is beyond belief,” Pelosi said in a statement on Friday, calling Putin a “thug.” (The recurring use of “thug” to describe Russians has become so consistent as to have become a de facto ethnic slur.) “Putin’s ongoing attacks on our elections and on Western democracies and his illegal actions in Crimea and the rest of Ukraine deserve the fierce, unanimous condemnation of the international community, not a VIP ticket to our nation’s capital.”

Despite liberals’ uncharacteristically focused and sustained efforts — imagine if Obama and company had pushed as hard for a public option on healthcare! — their #RussophobiaMatters campaign is doing poorly. Fewer than one percent of voters think Russia is a major issue.

Democratic leaders are confused. They’ve got the newspapers and NPR and a passel of cable news stations all over their “Trump colluded with Russia” story. Why don’t people care? Christ, even Democratic voters don’t care!

Aside from famine and war few things are sadder than the sight of a hopelessly perplexed House and Senate Democratic leadership. So rather than let them spend a third year wondering why Russiagate keeps being greeted by a great national yawn, I’m here to explain it to them.

Everyone else can stop reading now.

Dear Mr. Schumer and Ms. Pelosi:

First: even if the story were true, it wouldn’t make sense. You’re asking us to believe that Trump’s people met with Putin’s people, not to discuss Trump’s sleazy real estate developments in the former Soviet Union, but to encourage Russian hackers to break into the DNC, steal Hillary’s emails and funnel them to WikiLeaks with a view toward angering enough voters to change the outcome of the election in Trump’s favor.

Trump doesn’t even read one-page memos. Yet we’re being asked to believe that he supervised a ridiculously complex Machiavellian conspiracy?

WikiLeaks didn’t get the DNC documents from Russia or any other state actor. They got them from a disgruntled pro-Bernie Sanders staffer at the DNC.

Anyway, the intelligence community — you know, the friendly folks at the CIA, FBI and NSA whom Democrats worship the way Republicans revered firefighters after 9/11 — says whatever Russian hacking occurred did not affect the outcome of the election.

Then there’s this: Trump didn’t actually want to win. Why would he go to such lengths to steal something he didn’t want?

Second: everything you accuse Russia and/or Putin of doing is something the U.S. has done or is doing bigger and worse. Russia undermined Ukraine and forcibly annexed Crimea. By current international standards Russia committed a misdemeanor; as The Washington Post noted at the time: “Most people in Crimea wanted to break away from Ukraine and join Russia.” Meanwhile, the U.S. was occupying both Afghanistan and Iraq. Those are felonies: neither the Afghans nor the Iraqis want us around.

Third: I’m going to use small words here — where’s the evidence of Russian “meddling”?

In 1962 President John F. Kennedy went on TV to discuss the presence of Soviet missiles in Cuba. Because he needed Americans to trust and believe that the threat he described was real, he displayed aerial surveillance photos of the missiles in his speech to the nation. This meant revealing the existence of spy technology the Soviets weren’t aware of, so it was a difficult decision for him. But providing credible evidence was more important.

At this writing, the Democrats’ Russia arguments boil down to:

  • Media outlet quotes anonymous congressional official or anonymous intelligence agency employee.
  • Said anonymous source says the intelligence agencies have concluded that Russia meddled in the election.
  • Details of how Russia accomplished said meddling are absent.
  • Details of how effective said meddling was are absent.

If evidence of said meddling actually exists, Democrats should follow the JFK example and cough it up. In detail. And explain what it means ­— also in detail.

Until then, Russia as a political issue will continue to be a dead letter.

Kisses,

Ted

(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s independent political cartoons and columns and see his work first by sponsoring his work on Patreon.)

SYNDICATED COLUMN: Trump’s Fascism Picks Up Where Obama’s Leaves Off

Related imageDonald Trump wants to deport three million illegal immigrants, and he’s willing to split up families to do it. Expect resistance: street protests, networks of safe houses, American citizens willing to risk prison to hide undocumented workers.

Barack Obama deported two million — more than any other president. Thousands of kids lost their parents. Yet demonstrations were few. Anglo solidarity was nowhere to be found. Same action, different reaction. Why? As we’ve seen under Jimmy Carter and Bill Clinton, progressives go to sleep when Democrats are in the White House.

Trump will be deplorable. But as the unrest that followed his victory signals, he’ll have a salutary effect on American politics: Liberals will resist the same fascist horrors for which they’ve been making excuses under Obama (and would have continued to tolerate under Hillary Clinton).

Ironically, their struggle will be made all the more challenging due to the fascist moves promulgated by Barack Obama, a president revered by liberals — but whose administration has been characterized by a stream of fascist policies.

Edward Snowden revealed that the NSA and other government agencies are spying on all of our communications: phone calls, email, texts, video, even snail mail. But the fiercest reactions came from people outside the U.S. It was 2013 and Obama was president. For the most part liberals — the political faction you’d expect to raise hell — trusted their charming first black president not to abuse his powers.

Trump will inherit Obama’s Orwellian surveillance apparatus. During the campaign, he said “I wish I had that power.”

When Obama took over from Bush in 2009, he issued a symbolic denunciation of the torture his predecessor had legitimized and institutionalized. In practice, however, nothing changed. Sending a clear message that he approved of their actions, Obama ordered his Justice Department not to prosecute anyone for waterboarding or other “enhanced interrogation techniques,” saying infamously that it was time to “look forward, as opposed to looking backwards.” He went to Langley to tell CIA agents he’d watch their backs. He refused to issue a presidential executive order banning torture by the CIA.

Trump will take over that bureaucratic infrastructure of torture, including the legal opinions issued by Bush’s White House counsel that Obama failed to annul. During the campaign, Trump pledged to bring back waterboarding and “a hell of a lot worse,” whatever that means.

Upon taking office Obama tepidly attempted to follow up on his campaign promise to close Guantánamo concentration camp. But he caved in the face of congressional opposition. Though Obama has managed to winnow down the number of inmates in America’s Cuban gulag to double digits, his lackadaisical unwillingness to expend political capital on the issue has left the camp open. It has also legitimized the formerly unthinkable practice of holding prisoners indefinitely without charging them with a crime or putting them on trial.

Trump says he’ll keep the camp open, expand it, and “load it up with some bad dudes,” including American citizens whose politics he doesn’t care for.

Part of the justification given for indefinite detention is the Bush-era Military Commissions Act of 2006, which eliminated the right of habeas corpus, the right to a speedy and fair trial enshrined in Anglo-American law for eight centuries. Under the MCA, the U.S. government can throw you into a concentration camp where you’ll never see your family or a lawyer. As far as we know, Obama never availed himself of this power.

Do you trust Trump to exercise similar restraint? Thanks to Obama’s failure to get rid of the MCA, Trump may make good on his promise to disappear U.S. citizens.

Obama has vastly expanded Bush’s program of drone assassinations of political opponents to nasty American client states like Pakistan, Afghanistan, Yemen and Somalia. His Tuesday “kill list” star chamber has issued hits against thousands of people; 98% of the victims have been hapless bystanders.

Could President Trump deploy drones against American citizens (or non-citizens) on American soil? Yes, he could, says Obama’s attorney general Eric Holder. Obama could have declared that he — and future presidents — did not have that power. Better still, he could have asked Congress to pass a law banning domestic drone killings. Instead, he went golfing.

From what we know of Trump’s likely cabinet appointments, the next few years promise to devolve into a dystopian nightmare of authoritarian repression the likes of which few Americans ever imagined possible. As we head into the maelstrom, it will be tempting to look back fondly upon the Obama years as a period of relative calm and liberalism.

But don’t forget the truth. Fascism under Trump will merely continue Obama’s fascism with a smiley face — a fascism that we let him get away with for far too long.

(Ted Rall is author of “Trump: A Graphic Biography,” an examination of the life of the Republican presidential nominee in comics form. You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)

The Democrat Who Cried Trump!

Hillary Clinton’s main campaign argument is that Donald Trump is dangerous, and that she’s not Trump. Election after election, Democrats have been urged to choose the lesser of two evils rather than a candidate whom they can vote for enthusiastically. Will this tired old sales pitch work again?

SYNDICATED COLUMN: FBI v. Apple Is Really About Edward Snowden

http://www.newsfoxes.com/wp-content/uploads/2015/12/farooq.jpgThe fight between Apple and the FBI has been framed as an epic battle between big tech and big government. Apple, says the Obama Administration, is siding with “its business model and public brand marketing strategy” ahead of public safety. That’s not it, says Apple CEO Tim Cook. He says his company is “a staunch advocate for our customers’ privacy and personal safety.”

Donald Trump has weighed in on the controversy, ad-libbing a call for a boycott of Apple products including the iPhone, the device at the center of the debate. Two weeks ago, a federal court ordered Apple to write code that would allow the FBI to unlock an iPhone used by one of the gunmen in the San Bernadino mass shooting. Apple refused, saying the code could be used to unlock other iPhones as well, not just the one covered by the order. A Wall Street Journal report that the feds are currently going after a dozen or so iPhones in other cases seems to back up Apple’s argument.

What this is really about — but barely touched upon in corporate media — is Edward Snowden.

A few years ago, no one — left, right, libertarian — would have supported Apple’s refusal to cooperate with a federal investigation of a terrorist attack associated with a radical Islamist group, much less its decision to fight a court order to do so. If investigators hadn’t combed through the data on the phone used by Syed Farook before he slaughtered 14 people, it would have been seen as dereliction of duty. Obviously the authorities need to learn everything they can about Farook, such as whether he ever had direct communications with ISIS or if there were any coconspirators. Looking at evidence like that is what law enforcement is for.

Rather than face Uncle Sam alone, Apple’s defiance is being backed by Facebook, Google, Microsoft, Twitter and Yahoo — companies who suffered disastrous blows to their reputations, and billions of dollars in lost business, after NSA whistleblower Edward Snowden revealed that they spent years voluntarily turning over their customers’ data to the spy agency in its drive to “hoover up” every email, phone call, text message and video communication on the planet, including those of Americans.

Most Americans tell pollsters Apple should play ball with the FBI. But Apple and its Silicon Valley allies aren’t banking on the popular vote. Their biggest customers are disproportionately well-off and liberal — and they don’t want government spooks looking at their personal or business information.

Another underreported aspect of this story is the same sort of interagency squabbling that contributed to the failure of counterterrorism officials to see the whole picture before 9/11, and was supposed to have been fixed by such Bush-era bureaucratic revamps as the creation of the Department of Homeland Security and bringing America’s 16 intelligence agencies under a single director.

When you stop to think about this, it’s insane.

The NSA, specifically chartered to intercept signals intelligence that originates overseas — that is specifically prohibited from gathering data that is sent from one American to another American — continues to do so, probably at an even greater degree of efficiency than the period between 2009 and 2013, the era documented by the Snowden revelations leaked to the news media. Ignoring the anger of the American people, Congress did nothing to rein in the NSA. So they continue to break the law, and violate our privacy, on a massive scale.

Meanwhile, the FBI — the agency that is legally authorized to eavesdrop on American citizens as part of investigations authorized by judicial warrants, can’t get into a terrorist’s smartphone…something everyone agrees it ought to be able to do.

The NSA almost certainly has the contents of Farook’s iPhone — and yours, and mine — on a server at its massive data farm in Bluffdale, Utah. Thanks to a court order and inside-the-Beltway turf battles, however, the NSA can’t/won’t turn them over to the FBI.

This is what happens when government treats citizens with contempt. Citizens return the favor.

(Ted Rall is the author of “Snowden,” a biography of NSA whistleblower Edward Snowden. “Snowden” is on sale online and at all good bookstores.)

 

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