Drone-Killing the Fifth Amendment
Peter Van Buren
You can't get more serious about protecting the people from their government than the Fifth Amendment to the Constitution, specifically in its most critical clause: "No person shall be… deprived of life, liberty, or property, without due process of law." In 2011, the White House ordered the drone-killing of American citizen Anwar al-Awlaki without trial. It claimed this was a legal act it is prepared to repeat as necessary. Given the Fifth Amendment, how exactly was this justified? Thanks to a much contested, recently released but significantly redacted — about one-third of the text is missing — Justice Department white paper providing the basis for that extrajudicial killing, we finally know: the president in Post-Constitutional America is now officially judge, jury, and executioner. Due Process in Constitutional America Looking back on the violations of justice that characterized British rule in pre-Constitutional America, it is easy to see the Founders' intent in creating the Fifth Amendment. A […]
An Empire in Decline (City by City, Town by Town)
Peter Van Buren
As America's new economy starts to look more like the old economy of the Great Depression, the divide between rich and poor, those who have made it and those who never will, seems to grow ever starker. I know. I’ve seen it firsthand. Once upon a time, I worked as a State Department officer, helping to carry out the occupation of Iraq, where Washington’s goal was regime change. It was there that, in a way, I had my first taste of the life of the 1{068cdbfab37e4f27da76d005a9c3d7cc8b4ae1429371040bf09b1dfe920189b4}. Unlike most Iraqis, I had more food and amenities than I could squander, nearly unlimited funds to spend as I wished (as long as the spending supported us one-percenters), and plenty of U.S. Army muscle around to keep the other 99{068cdbfab37e4f27da76d005a9c3d7cc8b4ae1429371040bf09b1dfe920189b4} at bay. However, my subsequent whistleblowing about State Department waste and mismanagement in Iraq ended my 24-year career abroad and, after a two-decade absence, […]
Life in the New American Minimum-Wage Economy
Peter Van Buren
There are many sides to whistleblowing. The one that most people don’t know about is the very personal cost, prison aside, including the high cost of lawyers and the strain on family relations, that follows the decision to risk it all in an act of conscience. Here’s a part of my own story I’ve not talked about much before. At age 53, everything changed. Following my whistleblowing first book, We Meant Well: How I Helped Lose the Battle for the Hearts and Minds of the Iraqi People, I was run out of the good job I had held for more than 20 years with the U.S. Department of State. As one of its threats, State also took aim at the pension and benefits I’d earned, even as it forced me into retirement. Would my family and I lose everything I’d worked for as part of the retaliation campaign State was […]
Post-Constitutional America, Where Innocence is a Poor Defense
Peter Van Buren
Rahinah Ibrahim is a slight Malaysian woman who attended Stanford University on a U.S. student visa, majoring in architecture. She was not a political person. Despite this, as part of a post-9/11 sweep directed against Muslims, she was investigated by the FBI. In 2004, while she was still in the U.S. but unbeknownst to her, the FBI sent her name to the no-fly list. Ibrahim was no threat to anyone, innocent of everything, and ended up on that list only due to a government mistake. Nonetheless, she was not allowed to reenter the U.S. to finish her studies or even attend her trial and speak in her own defense. Her life was derailed by the tangle of national security bureaucracy and pointless “anti-terror” measures that have come to define post-Constitutional America. Here’s what happened, and why it may matter to you. The No-Fly List On September 10, 2001, there was […]
Supreme Court Edition?
Peter Van Buren
The Obama administration has just opened a new front in its ongoing war on whistleblowers. It’s taking its case against one man, former Transportation Security Administration (TSA) Air Marshal Robert MacLean, all the way to the Supreme Court. So hold on, because we’re going back down the rabbit hole with the Most Transparent Administration ever. Despite all the talk by Washington insiders about how whistleblowers like Edward Snowden should work through the system rather than bring their concerns directly into the public sphere, MacLean is living proof of the hell of trying to do so. Through the Supreme Court, the Department of Justice (DOJ) wants to use MacLean’s case to further limit what kinds of information can qualify for statutory whistleblowing protections. If the DOJ gets its way, only information that the government thinks is appropriate — a contradiction in terms when it comes to whistleblowing — could be revealed. Such a restriction […]
10 NSA Myths Debunked
Peter Van Buren
The debate Edward Snowden envisioned when he revealed the extent of National Security Agency (NSA) spying on Americans has taken a bad turn. Instead of a careful examination of what the NSA does, the legality of its actions, what risks it takes for what gains, and how effective the agency has been in its stated mission of protecting Americans, we increasingly have government officials or retired versions of the same demanding — quite literally — Snowden’s head and engaging in the usual fear-mongering over 9/11. They have been aided by a chorus of pundits, columnists, and present as well as former officials offering bumper-sticker slogans like "If you have nothing to hide, you have nothing to fear," all the while claiming our freedom is in direct conflict with our security. It’s time to face these arguments directly. So here are ten myths about NSA surveillance that need debunking.Let's sort them […]
Disappearing Edward Snowden
Peter Van Buren
What if Edward Snowden was made to disappear? No, I’m not suggesting some future CIA rendition effort or a who-killed-Snowden conspiracy theory of a disappearance, but a more ominous kind. What if everything a whistleblower had ever exposed could simply be made to go away? What if every National Security Agency (NSA) document Snowden released, every interview he gave, every documented trace of a national security state careening out of control could be made to disappear in real-time? What if the very posting of such revelations could be turned into a fruitless, record-less endeavor? Am I suggesting the plot for a novel by some twenty-first century George Orwell? Hardly. As we edge toward a fully digital world, such things may soon be possible, not in science fiction but in our world — and at the push of a button. In fact, the earliest prototypes of a new kind of “disappearance” […]
John Kerry is a Figure of His Times (and That's Not a Good Thing)
Peter Van Buren
In the 1960s, John Kerry was distinctly a man of his times. Kennedy-esque, he went from Yale to Vietnam to fight in a lost war. When popular sentiments on that war shifted, he became one of the more poignant voices raised in protest by antiwar veterans. Now, skip past his time as a congressman, lieutenant governor of Massachusetts, senator, and presidential candidate (Swift Boated out of the race by the Republican right). Four decades after his Vietnam experience, he has achieved what will undoubtedly be the highest post of his lifetime: secretary of state. And he’s looked like a bumbler first class. Has he also been — once again — a true man of his time, of a moment in which American foreign policy, as well as its claim to global moral and diplomatic leadership, is in remarkable disarray? In his nine months in office, Kerry’s State Department has one […]
Why Saying No to Syria Matters (and it's not about Syria)
Peter Van Buren
Once again, we find ourselves at the day after 9/11, and this time America stands alone. Alone not only in our abandonment even by our closest ally, Great Britain, but in facing a crossroads no less significant than the one we woke up to on September 12, 2001. The past 12 years have not been good ones. Our leaders consistently let the missiles and bombs fly, resorting to military force and legal abominations in what passed for a foreign policy, and then acted surprised as they looked up at the sky from an ever-deeper hole. At every significant moment in those years, our presidents opted for more, not less, violence, and our Congress agreed — or simply sat on its hands — as ever more moral isolation took the place of ever less diplomacy. Now, those same questions loom over Syria. Facing a likely defeat in Congress, Obama appears to be grasping — without […]
What a Whistleblower Thinks a Fellow Whistleblower Might Have Thought
Peter Van Buren
As a State Department whistleblower, I think a lot about Edward Snowden. I can’t help myself. My friendships with other whistleblowers like Tom Drake, Jesslyn Radack, Daniel Ellsberg, and John Kiriakou lead me to believe that, however different we may be as individuals, our acts have given us much in common. I suspect that includes Snowden, though I’ve never had the slightest contact with him. Still, as he took his long flight from Hong Kong into the unknown, I couldn’t help feeling that he was thinking some of my thoughts, or I his. Here are five things that I imagine were on his mind (they would have been on mine) as that plane took off. I Am Afraid Whistleblowers act on conscience because they encounter something so horrifying, unconstitutional, wasteful, fraudulent, or mismanaged that they are overcome by the need to speak out. There is always a calculus of pain […]
Seven Years, Untold Dollars to Silence One Man
Peter Van Buren
What do words mean in a post-9/11 world? Apart from the now clichéd Orwellian twists that turn brutal torture into mere enhanced interrogation, the devil is in the details. Robert MacLean is a former air marshal fired for an act of whistleblowing. He has continued to fight over seven long years for what once would have passed as simple justice: getting his job back. His is an all-too-twenty-first-century story of the extraordinary lengths to which the U.S. government is willing to go to thwart whistleblowers. First, the government retroactively classified a previously unclassified text message to justify firing MacLean. Then it invoked arcane civil service procedures, including an “interlocutory appeal” to thwart him and, in the process, enjoyed the approval of various courts and bureaucratic boards apparently willing to stamp as “legal” anything the government could make up in its own interest. And yet here’s the miracle at the heart of […]
Why the Invasion of Iraq Was the Single Worst Foreign Policy Decision in American History
Peter Van Buren
I was there. And “there” was nowhere. And nowhere was the place to be if you wanted to see the signs of end times for the American Empire up close. It was the place to be if you wanted to see the madness — and oh yes, it was madness — not filtered through a complacent and sleepy media that made Washington’s war policy seem, if not sensible, at least sane and serious enough. I stood at Ground Zero of what was intended to be the new centerpiece for a Pax Americana in the Greater Middle East. Not to put too fine a point on it, but the invasion of Iraq turned out to be a joke. Not for the Iraqis, of course, and not for American soldiers, and not the ha-ha sort of joke either. And here’s the saddest truth of all: on March 20th as we mark the […]
Why Zero Dark Thirty Won’t Settle the Torture Question or Purge Torture From the American System
Peter Van Buren
If you look backward you see a nightmare. If you look forward you become the nightmare. There’s one particular nightmare that Americans need to face: in the first decade of the twenty-first century we tortured people as national policy. One day, we’re going to have to confront the reality of what that meant, of what effect it had on its victims and on us, too, we who condoned, supported, or at least allowed it to happen, either passively or with guilty (or guiltless) gusto. If not, torture won’t go away. It can’t be disappeared like the body of a political prisoner, or conveniently deep-sixed simply by wishing it elsewhere or pretending it never happened or closing our bureaucratic eyes. After the fact, torture can only be dealt with by staring directly into the nightmare that changed us — that, like it or not, helped make us who we now are. The president, […]
Six Critical Foreign Policy Questions That Won’t Be Raised in the Presidential Debates
Peter Van Buren
We had a debate club back in high school. Two teams would meet in the auditorium, and Mr. Garrity would tell us the topic, something 1970s-ish like “Resolved: Women Should Get Equal Pay for Equal Work” or “World Communism Will Be Defeated in Vietnam.” Each side would then try, through persuasion and the marshalling of facts, to clinch the argument. There’d be judges and a winner. Today’s presidential debates are a long way from Mr. Garrity’s club. It seems that the first rule of the debate club now is: no disagreeing on what matters most. In fact, the two candidates rarely interact with each other at all, typically ditching whatever the question might be for some rehashed set of campaign talking points, all with the complicity of the celebrity media moderators preening about democracy in action. Waiting for another quip about Big Bird is about all the content we can […]
Torture and the Myth of Never Again
Peter Van Buren
Here is what military briefers like to call BLUF, the Bottom Line Up Front: no one except John Kiriakou is being held accountable for America’s torture policy. And John Kiriakou didn’t torture anyone, he just blew the whistle on it. In a Galaxy Far, Far Away A long time ago, with mediocre grades and no athletic ability, I applied for a Rhodes Scholarship. I guess the Rhodes committee at my school needed practice, and I found myself undergoing a rigorous oral examination. Here was the final question they fired at me, probing my ability to think morally and justly: You are a soldier. Your prisoner has information that might save your life. The only way to obtain it is through torture. What do you do? At that time, a million years ago in an America that no longer exists, my obvious answer was never to torture, never to lower oneself, […]