"WHY
THE PATRIOT ACT, REDUX: FASCISM IN THE HERE AND NOW, CONT."
Steven
Jonas, MD, MPH
Here,
once again, is my short definition of fascism: “Fascism is a politico-economic
system in which there is: total executive branch control of the government; no
independent judiciary; no Constitution that embodies the Rule of Law standing
above the people who run the government; no inherent rights or liberties; a
single national ideology that first demonizes and then criminalizes all
political, religious, and ideological opposition to it; and total corporate
determination of economic, fiscal, and regulatory policy.” (If you
want to see my longer definitions, please refer to my columns of May 27, 2004 “On
Fascism -- And The Georgites” and of Jan 27, 2005 “Comparing
George W. Bush and Adolf Hitler”).
No
sooner had I finished writing (on Dec. 14-15) the column published last week
that, as I noted at the end of it, relevant events suddenly started occurring at
breakneck speed. This column is based on two Short Short Shots about those
events that I published on the Weblog of Michael Carmichael’s The
Planetary Movement. The President of the
United States
, George W. Bush, and surrogates including the Secretary of State and the
Attorney General, made a series of speeches and statements given over the
weekend of Dec. 16-18, 2005, concerning actions in domestic surveillance that he
has been taking since shortly after 9/11. He and they claimed that he can
do just about anything he wants to in the realm of the criminal justice system,
in investigating and otherwise dealing with American citizens, regardless of the
law and the Constitution, just as long as he says that he is acting within the
law and the Constitution, and is doing what he is doing in order to “protect
American lives” in his role as Commander-in-Chief.
On
CNN on the morning of 12/19/2005, Alberto Gonzales, the Attorney General who as
White House Counsel had described the Geneva Conventions concerning treatment of
prisoners-of-war, part of the Constitution by its own requirements, as
“quaint,” described the Foreign Intelligence Services Act of 1978 as
“out-of-date.” The FISA clearly prohibits the use of foreign intelligence
services for spying on US citizens. Just as Gonzales did not advise the
President to attempt re-negotiation of the Geneva Conventions, he did not in
this instance advise the President to go to Congress to have the FISA amended to
meet the president’s stated needs. No, he told the President that under
his C-in-C powers, he could just do what liked to do. George liked those
words, which sound an awful lot like “dictatorship,” and went ahead and did
it.
In
my view, this action and its defense by the Georgites has much more to do with
establishing the precedent for assumption of dictatorial l power by him in any
circumstance he “deems necessary under his power as C-in-C” than it does
with any specifics of possible al-Qaeda terrorism. And then, even more
frightening that the domestic spying-without-a-warrant actions, is the incident
which takes up the last third of this column. It shows that the purpose of the
Patriot Act, as I have been saying for quite some time, goes well beyond
“dealing with foreign terrorism.” Here is what I had to say about these
events further on the PlanetMove Weblog.
As
is now very widely known, even in the halls of the U.S. Congress, even by some
Republicans, on Dec. 16, 2005 The New York Times published a lengthy
article on how the President, by Executive Order, set up a domestic extra-legal,
extra-judicial spying operation shortly after 9/11. Although the Georgites often
take actions that have no legal or Constitutional authority behind them, in this
case the President presumably acted under the powers given to him by the
original "Patriot" Act (which among other things repealed the Fourth
Amendment protection against extra-judicial search and seizure) to do just about
anything he wants to US citizens and non-citizens alike residing in the United
States once he, on his own authority, labels them as "terrorists."
Interestingly enough, the President offers different explanations of his actions
at different times. Sometimes it's the "Patriot" Act, sometimes it's
his authority as Commander-in-Chief, sometimes it is the broad "Iraq
Attack" authority the Congress gave him in the fall of 2002. Whatever the
supposed source of his authority is at any given moment, the White House knows
that there is something fishy about it, because a) they meet on it repeatedly
and b) they tried as hard as they could to prevent knowledge of it from becoming
public. This is even in the light of how the President has taken every
opportunity to boast about it, and how it is "protecting
America
," once it has become public.
Bush has already indefinitely imprisoned without any judicial/legal rights one
US citizen, Jose Padilla, under his claimed "Power of the Presidency"
to do just about anything he wants to in the realm of spying upon,
investigating, and locking up individual citizens. Only a long and costly court
struggle has changed the Padilla situation, so that he finally has access to the
public criminal justice system. But regardless of the details of the Padilla
case, the President's claimed power to deprive US citizens of their rights in
the criminal justice system is the central issue of the "Patriot" Act.
This is why this Act (and now the Iraq Attack resolution thrown in by the
Georgites for good measure) is the equivalent of the Nazi-German Enabling Act of
March 27, 1933, as I have written on numerous occasions in this space. The
matter of spying on library records is a distraction, a sideshow that may
actually have been put into the mix by the Georgites so as to distract Congress
and the American people from the real issue: the establishment of Presidential
dictatorial power over any and all actions of US citizens, just as long as he
labels them as "terrorist." (I should note that I wrote the above
sentence the day before the story about the library spying that I discuss below
broke. Obviously, the library spying powers are hardly trivial, which makes the
whole thing even worse.)
Does the President need this secret wire/electronic-communications tap program
in order to fight terrorism? No. What Federal judge would deny a warrant to the
FBI (domestic security agency) coming before him or her with an affidavit of
probable cause in a case of suspected terrorism? None. (And in this instance the
judge before which investigators would go presides over a secret court dealing
with intelligence matters, presumably chosen for sympathy with Administration
power in this regard. [Actually, none ever have: see The Progress Report of Dec.
19, 2005, http://www.americanprogressaction.org/site/apps/nl/newsletter2.asp?c=klLWJcP7H&b=917053).
However, there are still a number of judges (although the number is dwindling
fast as more and more Georgite judges are placed on the bench) who would a) deny
a warrant to an agency that is specifically prohibited by law from domestic
surveillance, the National Security Agency, and b) to any agency asking for a
warrant for spying for reasons of assumed “terrorism” without some
indication of probable cause that that would be the case.
This is what Cheney and his puppet are concerned with. They want to be able to
spy on and then lock up without recourse to the public, rights-protected,
criminal justice system, as they deem necessary, any American citizen for what
they would label “terrorism.” This would eventually include opposing the
government on any issue they deem having to do with anything they would call
“terrorism” without having to make some kind of reasonable case for
supporting that accusation. Certainly opposition to their current foreign and
domestic policies could be labeled by them as "terrorism." After all,
they and their surrogates on the Privatized Ministry of Propaganda have
repeatedly referred to their opponents as "traitors." It is a short
step from traitor to terrorist, and to simplify matters for Bush, both words
begin with a "T."
The Times held their article for one year under White House pressure.
That's not good. The Times released the article on the day the Senate
took up reauthorization of the Patriot Act. That's good. Hopefully Senator
Feingold and those Democrats with a devotion to Constitutional Democracy, and
maybe even a few of those so-called "moderate" Republicans who will be
called to account here, will get to the real, central issues of the Act. If they
do, we may have seen the beginning of the end of the march toward Georgite
Theocratic Fascism which to my mind has to this point been inexorable.
That
was the essence of my first piece on The Planetary Movement on this issue.
Then came this one, and all of a sudden I am very pessimistic again.
"Agents'
visit chills UMass Dartmouth senior [he had requested 'suspect' book thru
library loan program]. By AARON NICODEMUS, Standard-Times staff writer
(12/17/05, anicodemus@s-t.com)
"NEW BEDFORD -- A senior at UMass Dartmouth was visited by federal agents
two months ago, after he requested a copy of Mao Tse-Tung's tome on Communism
called 'The Little Red Book.'
"Two history professors at UMass Dartmouth, Brian Glyn Williams and Robert
Pontbriand, said the student told them he requested the book through the UMass
Dartmouth library's interlibrary loan program.
"The student, who was completing a research paper on Communism for
Professor Pontbriand's class on fascism and totalitarianism, filled out a form
for the request, leaving his name, address, phone number and Social Security
number. He was later visited at his parents' home in
New Bedford
by two agents of the Department of Homeland Security, the professors
said."
How many more of these do we need for people to understand that fascism isn't
coming to the
U.S.
; it's here. In small doses for the time-being, but here nevertheless. As Bush
said over the weekend of 12/16-18, he can and will do anything he pleases to
"protect" the American people against anything that he deems, defines,
or desires to be, the "threat of terrorism."
Of course, visiting a student who checked out a copy of Mao's "Little Red
Book" couldn't possibly have anything to do with "fighting
terrorism" as Bush has defined it. For him, terrorism starts and ends with
al-Qaeda and Osama bin Laden and those directly related to him. He made that
clear in his radio address of Dec. 17. That Mao was one of history's
ultra-secularists while bin Laden's dream would be to establish a world-wide
theocratic-Islamicist empire puts them at each other's throats, or would do so
were Mao alive. Actually, the present-day Chinese government is engaged in a
low-level but ongoing occasionally armed struggle against Fundamentalist Muslim
separatists in their own Wild West.
This use of domestic spying by an agency confined by the law to functions
outside of the United States, without bothering to apply for a search warrant
(which would have to be based on probable cause) even from a totally secret
"anti-terrorism" court, concerning a matter that has not the
hairsbreadth connection to Islamicist terrorism, is about domestic oppression,
and nothing else.
We heard words about "fighting terrorism" in
Berlin
in the Spring of 1933. And in that Springtime for Hitler, unless you were a
Communist or a certain kind of socialist, Hitlerite fascism came in on little
cat feet just as the Georgite fascistic fog is enveloping us in the U.S. As
George Santayana said, he who fails to learn from history is condemned to repeat
it. At least the Germans of the late
Weimar
Republic
and Early Nazi Periods had the excuse that nothing like Hitlerism had ever
happened before. As Georgite theocratic fascism inexorably advances, the
American people and their elected representatives do not have that excuse.
________________
Dr. Steven Jonas is a contributing author for The Political Junkies
(www.thepoliticaljunkies.net).
He is a
Professor of Preventive Medicine at Stony Brook University (NY) and
author/co-author of over twenty books. Dr. Jonas is one of
America
's most perceptive Democratic political analysts.
In his book The New Americanism, Dr. Jonas presents his case that the
Democratic Party has come adrift from its founding principles. He urges
the Party to turn to the Declaration of Independence and the Constitution to
find the new vision and mission that it, and our country, so desperately need.
"The
New Americanism: How the Democratic Party Can Win the Presidency is available from
Amazon.com (go to "Books;" enter the title) and BarnesandNoble.com
(same).
He is also the author of The
15% Solution: A Political History of American Fascism, 2001-2022,
originally published in 1996 under the pseudonym “Jonathan Westminster,” and
republished with a New Introduction in 2004, under the same author's name.
The 2004 edition is available at www.barnesandnoble.com
(search with the title) and www.xlibris.com (click
on “Bookstore,” then “Search” with title).
Both versions are available at www.amazon.com
(go
to "Books;" search with title).
Dr. Jonas is also a Contributing Editor for the Weblog http://planetmove.blogspot.com/,
produced by The Planetary Movement Ltd. UK (http://www.planetarymovement.org/), TPJ's
own Michael Carmichael, Founder and President, and a Contributing Columnist for
the Project for the Old American Century, POAC, http://www.oldamericancentury.org/.
By invitation Dr. J's TPJ columns are posted weekly on the website of AirAmericaRadio's
new morning man (9-12 Eastern), the redoubtable Jerry Springer (yes, it is that
Jerry Springer, a true progressive it turns out), at http://www.springerontheradio.com/,
and on Thomas Paine's Corner ( http://civillibertarian.blogspot.com/).
Dec
22, 2005 "Why
The Patriot Act, Redux: Fascism In The Here And Now"
Dec 15, 2005 "An
Iraq Exit Proposal"
Dec 10, 2005 “Exiting
Iraq, The Georgite Way"
Dec 1, 2005 "The
Future Of The Democratic Party, VIII:
A Politically Viable Progressive Position On The War"
Nov
25, 2005 “The
Future Of The Democratic Party, VII: ‘The Ten Commitments’”
Nov 17, 2005 "The
Future Of The Democratic Party, VI: An Organizing Proposal For Progressives”
Nov 10, 2005 “The
Future Of The Democratic Party, V:
There Is No Middle Ground"
Nov 3, 2005
“On
The (Possible) Indictments.”
Oct
27, 2005 “The
Future of the Democratic Party, IV:
Bush, Bennett, Miers, and the DLC.”
Oct 20, 2005 “The
Future Of The Democratic Party, III:
First Thoughts On Dealing With The DLC.”
Oct 13, 2005 “The
Future Of The Democratic Party, II: On The Republicans”
Oct 6, 2005
“The
Future Of The Democratic Party, I”
Sept
29, 2005 "The
Bush Flood, And The Georgites: New Orleans, III"
Sept 22, 2005 "On
The Great New Orleans Flood Of 2005, II"
Sept 15, 2005 "On
The Great New Orleans Bush Flood Of 2005, I"
Sept 8, 2005 "Let's
Hear It For Original Intent"
Sept 1, 2005 "An
Iraq Solution"
Aug
25,2005 "Some
Thoughts On The Atomic Bombing Of Japan"
Aug 18, 2005 "Why
God Sent Us George W. Bush"
Aug 12, 2005 "John
Bolton And The Nuclear Option II"
Aug 5, 2005
"The
Significance Of The Karl Rove Speech"
July
28, 2005
“Iran
Nukes, Revisited"
(Expanded Edition)
July 21, 2005
“Iran
Nukes, Revisited"
July 14, 2005
"The
Dick Durbin Disaster" A Follow Up
July 7, 2005
"The
Dick Durban Disaster"
June
23, 2005 "Why
All Of This Repression Abroad?"
June 16, 2005 “Not
Very Intelligent Design"
June 8,2005
"Pat
Buchanan's "What If, "III?"
June 2, 2005
"Pat
Buchanan's 'What If,' II?"
May
26, 2005 "Pat
Buchanan's 'What If?'"
May 18, 2005 "The
Schiavo Case, V: The Attack On Science"
May 12, 2005 “Possible
Explanations For Bush-Behavior On And Around 9/11"
May 5, 2005
"Bill
Frist's Declaration Of War"
April
28, 2005 "The
Schiavo Case, IV: The Definitions Of Life And Death"
April 24, 2005
"The
Schiavo Case, III: Further Legal Considerations And Their Political
Implications"
April 14, 2005
“The
Schiavo Case, II: William Bennett And The Beginning Of The End Of The Separation
Of Powers"
April 7, 2005
"The
Schiavo Case And The Locus Of The 'Police Power'"
March
31, 2005 “John
Bolton And The Nuclear Option"
March 22, 2005
Of
"Moolahs," Putin and Bush
March 17, 2005
Georgite
"Freedom And Democracy"
March 10, 2005
"We
Won't Have To Worry Any More"
March 3, 2005
"Iranian
Nukes"
February
24, 2005 "Going
Nuclear In Iran"
February 16, 2005 “The
Georgite Social Security Scam: Bases For Suspicion”
February 10, 2005 “The
Georgite Version of ‘Freedom and Democracy’ ”
“The Coming 2nd Civil War (Unless),” No. 6
Feb 3, 2005
“WMD
Discovered --- In Washington”
Jan
27, 2005
“Comparing
George W. Bush And Adolf Hitler”
Jan 18, 2005 “The
Bush Second Inaugural: A Preview” “The Coming 2nd Civil War
(Unless),” No. 5
Jan 13, 2005 “The
Georgite Concept of Constitutionalism and the Rule of Law”
Jan 6, 2005
“The
‘Unless’ Of The ‘Coming Second Civil War’ Series; Part II”
Dec
30, 2004
“The
‘Unless’ of the ‘Coming Second Civil War’ Series, Part I”
Dec 23, 2004
“The
Real Meaning Of The ‘Faith-Based Presidency;’ Part II”
Dec 15, 2004
“The
Coming Second Civil War (Unless)”
Dec 9, 2004
“The
Real Meaning Of The ‘Faith-Based Presidency’ ”
Oct
28, 2004
Why
The Patriot Act?”
Oct. 21, 2004
“The
Cheneys’ Daughter Flap”
Oct 14, 2004
“George
Bush’s America”
Oct 7, 2004
“The
Debate”
Sept
30, 2004
“Four
800 Lb. Gorillas In The Campaign Room”
Sept 23, 2004
"Fixing
The Kerry Campaign, 9/15/2004"
Sept 16, 2004
"Lessons
From Japan. Part II: Successful Occupations"
Sept 9, 2004
"Thoughts
On the Third Anniversary of the Tragedy of 9/11/2001"
Sept 2, 2004
"Lessons
From Japan, Part 1"
August 26,2004
“Dealing
with the Republican National Convention and Related
Issues”
August 18, 2004
"The
Best Of Dr. Jonas"
August 12, 2004
“Some
Thoughts For and About The Kerry Campaign, VI”
August 5,2004
“Some
Thoughts For and About The Kerry Campaign, V”
July
29, 2004
“Some
Thoughts For and About The Kerry Campaign, IV”
July 22, 2004
“Some
Thoughts For and About The Kerry Campaign III”
July 15, 2004
“Some
Thoughts For And About The Kerry Campaign II”
July 7, 2004
“Some
Thoughts For And About The Kerry Campaign,I”
July 1, 2004
“Counsel
To The President”
June 24, 2004
“
’You Know me Al:’ On the German Reichstag Fire of Feb. 27, 1933
and the 9/11/01 Bombing of the World Trade Center, Part II”
June 17, 2004
“ ‘The Ralph Nader
Problem’ --- A Re-run plus”
June 10, 2004
“Ronald
Reagan’s Legacy”
June 3, 2004
“’You
Know Me Al:’ On The Reichstag Fire Of Feb. 27, 1933 And The
9/11/01 Bombing Of The World Trade Center,
Part I”
May
27, 2004
“On
Fascism -- And The Georgites”
May 20, 2004
“On
John Ashcroft -- And Jefferson Davis”
May 13, 2004
“Karl
Rove’s Personal Political Notebook”
May 6, 2004
“Possible
Explanations For Bush Behavior And 9/11”
April
29, 2004
“On
George Bush and Religion, Part 2”
April 22, 2004
“What
Condi Rice Might Have Said”
April 8, 2004
“On
George Bush And Religion”
April 1, 2004
“Some
Political Thoughts For Senator Kerry”
March
25, 2004
“Brief
Essays”
March 16, 2004
“You
Know Me Al: The Iraq War --- So What Was It About, Anyway?
March 11, 2004
“A
Word (Or Two) On Ralph Nader”
March 4, 2004
“A
Firebell In The Night”
February
27, 2004 “On
Doctor Dean”
