The Wickersham Report on Lawlessness in Law Enforcement

George Wickersham, 1930

George Wickersham, 1930

I’ve been meaning to post a “Periodicals Note” about the July issue of Counterpunch, in which “Peter Lee” wrote about the report that a commission headed by one George Wickersham submitted to US President Herbert Hoover on 7 January 1931.  The Wickersham Commission had investigated charges that US law enforcement agencies were using torture to enforce the prohibition of alcohol that was then in effect across the United States.  The commission’s staff was led by a civil liberties lawyer named Zechariah Chafee, and Chafee turned up evidence that made the Wickersham report impossible to ignore.  Lee gives considerable detail from the report, and points out that all of the “enhanced interrogation” techniques that CIA and military interrogators have been accused of using against captives in the “war on terror” were familiar to Prohibition agents in the 1920s.  Those methods disgusted the American public then, and the exposure of them did a good deal to spur the movement that ended Prohibition.  The difference in the outraged public reaction of 1930 and the muted public reaction to the exposure of the same methods in the last five years cannot be attributed to the difference between accused bootleggers and accused terrorists; Lee points out that torture is not in fact a very effective way of thwarting terrorists.  What has changed is us.  The headline above Lee’s piece is “When America Said No!”  His implication is that the American people have lost the moral compass that once enabled them to say no to torture.   

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The American Conservative, October 2009

american conservative october 2009

The cover may suggest an alarmist piece about Pakistan.  The article actually in the issue, though, is precisely the opposite.  Granting that Pakistan is an important country that has very serious problems, it asserts that there is no chance that it will break up, fall into the hands of Osama bin Laden, or launch a nuclear attack.  If the USA sobers up and pursues a more realistic policy in Afghanistan, Pakistan might even make progress on its real problems.

Elsewhere in the issue, Andrew Bacevich quotes Cold Warrior Richard Pipes’ 1979 declaration to the effect that since Afghanistan is a place of no strategic importance, the Soviet invasion of that country must have been a step towards a goal elsewhere.  Bacevich agrees that Afghanistan was without strategic importance when Pipes said that, and says that it continues to be so.  Where he disagrees with Pipes is in his assessment of the rationality of the Soviet leadership of the 1979-1989 period, and indeed of the US leadership of today.  He claims that the Soviets invaded Afghanistan because they believed that showing power there would shore up their empire; in fact, the Soviet occupation of Afghanistan was a significant factor in the eventual collapse of the USSR.  Likewise, America’s leaders want to persist in Afghanistan, not because of they have made any rational calculation indicating that they should, but because they are dare not make a calculation that might indicate that they should not.

This issue includes a piece by always-intriguing, highly eccentric writer Eve Tushnet.  Tushnet has a gift for the lapidary; she describes growing up in Washington, DC as one of very few white children in her neighborhood, albeit one “weird enough that my skin color was not one of the obvious targets of teasing.”  Recounting her childhood Halloweens, she writes that “A mask is above all an attempt to communicate, to create and reshape meaning over the silence of skin.”  Quite a provocative phrase, “the silence of skin.”  On a par with her line from 2008, “by religion, I mean an understanding of the nature of love.”

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The American Conservative, September 2009

american conservative september 2009One of the traits of this magazine is a tendency to grandiose theoretical explanations.  That’s one of the things I like about it; I’m into grandiose theoretial explanations myself.  It isn’t scholarly publication, and few of its authors have academic reputations to defend, so that tendency is not always restrained by the standards that keep theorizing under control in academic journals.  Sometimes that means that the magazine runs a provocative, bold idea that might not have survived heavier editing; sometimes it means that it runs something that’s just plain cheesy quality.  Again, I’m a pretty cheesy guy, so that’s okay with me. 

For example, this month Ted Galen Carpenter points out that Americans by and large are quick to view political disputes in foreign countries in a romantic light, seeing the ghost of Thomas Jefferson in all sorts of unlikely figures.  The next piece, by John Laughland, picks up on this same theme, explaining this American tendency as a sign of the influence of the philosophy of the Enlightenment.  Laughland writes that “the key to understanding the West’s love of revolutions” is Westerners’ characteristic desire to believe that “politics can and should be a story with a happy ending.”  This desire has run rampant in the West ever since the thinkers of the Enlightenment undermined the traditional Christian belief that the cosmos was ordered in a hierarchy, that justice was to be found in that hierarchy, and that the ruler’s power should be limited because the ruler was subordinate to God.  Laughland identifies Immanuel Kant as “the greatest of all Enlightenment philosophers,” and summarizes Kant’s theory as a belief that ordinary reality is unknowable, but that the highest reality is “the categorical imperative- an abstract universally valid proposition that becomes real when it is willed.”  Proceeding from these rather drastic simplifications, Laughland declares that:

The attraction of Enlightenment liberalism, therefore, is the result of a deep emotional need for a philosophical sytem that enables man to create a reality in a universe he does not understand and thereby to escape from the difficulties of the world by believing that everything will turn out all right in the end.  Lacking a real belief in the afterlife, it also holds that the drama of human salvation is played out in this world, in history and politics. 

Again, this is a severe oversimplification, but it has a certain plausibility.  Where Laughland really goes off the rails is in his closing section, in which he argues that Enlightenment liberalism has an “objective ally” in Islam:

[B]ecause it has no priesthood, Islam, and especially Shi’ism, is fundamentally a “democratic” religion comparable to Puritanism and other forms of Presbyterianism.  There is no established hierarchy; the Koran must be read equally by all.  Of course Allah is supreme and Islam demands absolute submission to Him; on the face of it, this seems the opposite of the liberal model in which the individual is subjected only to himself.  But this very submission is egalitarian, creating a mass of individuals who are equal in their abstractness.  Moreover, God’s will is [merely] will, it has no correlation with natural law as in the Christian or Jewish traditions.  Islam is therefore a profoundly voluntarist religion.  Because Allah is absolutely transcendent and unknowable, he is like the Kantian thing-in-itself: mere command. 

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The Nation, 3 August 2009

nation 3 august 2009Jonathan Schell’s remembrance of former Defense Secretary Robert Strange McNamara begins with the story of Schell’s meeting with McNamara in 1967, at which he, then a young reporter for The New Yorker, briefed the secretary on what he had seen American forces doing in Vietnam.  Schell would not hear from McNamara after that meeting, but declassified documents would subsequently reveal that the secretary had responded to it by attempting to discredit Schell’s story and block its publication.  Schell mentions McNamara’s subsequent contrition for his Vietnam policies, stressing that the remorse he suffered was quite trivial compared with the what the people of Vietnam suffered during the war McNamara did so much to design.  Still, Schell points out, McNamara was unique among high-level US policymakers of recent decades in publicly admitting error.  The piece ends with Schell’s line “If there is a statue made of McNamara, as there probably will not be, let it show him weeping.  It was the best of him.” 

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The USA and Pakistan’s nuclear arsenal

Dr Abdul Qadeer Khan

Dr Abdul Qadeer Khan

The 16-30 June issue of Counterpunch carries a brief article by Andrew Cockburn about US government backing for Pakistan’s nuclear weapons program.  In view of the concerns top American officials have expressed about the possibility that Pakistani nukes might fall into the hands of Bin Ladenite extremists, and of the fact that Dr. A. Q. Khan sold Pakistani nuclear material on an international black market, it is sobering to learn of the extent to which Washington has been involved in the development of Pakistan’s arsenal.  When CIA analyst Richard Barlow tried to blow the whistle on the US government’s complicity in helping Pakistan acquire nuclear weapons in the 1980s, his career was ruined.  Even the Khan affair doesn’t seem to have changed the CIA’s attitude; indeed, Khan’s shipping manager was a CIA agent.  The article lists an impressive array of malefactors involved in the business of promoting Pakistan’s nuclear ambitions.  Some of them, such as an unnamed group of “Israeli arms merchants,” are accustomed to bad press; others, such as the Dalai Lama, usually get friendlier publicity.

Warbots

wired.com

wired.com

There are no robots in foxholes.

Gay Teen Undergoes Christian “Therapy”

3 times, at his request.

Fake Suicides Spark Chinese Riot

Chinese government is accused of drug and murder corruption.

The swing vote in Iran

persicos odi puer apparatusAt Language Log, Mark Liberman notes that a protest song young Iranians are singing these days has the same opening as “Bei mir bist du shayn,” a klezmer tune partly translated out of Yiddish that was a hit in the USA about 70 years ago.  This rather surprising connection in turn leads Professor Liberman to quote one of Horace’s Odes and to compare that ode with a couple of English poems composed in tribute to it.

Seven recent issues of The Nation

Ever since I started writing here, I’ve been referring to “Mrs Acilius.”  Until last month, that was a bit of an exaggeration, as I had not actually married the lady in question.  We tied the knot 12 May.  So lately, I’ve had things on my mind other than this blog.  That’s why I haven’t been posting “Periodicals Notes” regularly.  But I’ve vowed to catch up.  So here are my notes on the last seven, yes seven, issues of The Nation.

nation 25 may 200925 May: It’s been almost 60 years since a jury found that former State Department official Alger Hiss was lying when he denied that he had passed classified documents to an agent of Soviet military intelligence during the years 1934-1938.  The Nation has never let go of the Hiss case, and still publishes articles, columns, and reviews at regular intervals maintaining his innocence.  When Hiss died in 1996, I read a few books about the case.  Hiss’ own book, In the Court of Public Opinion, and his son Tony’s memoir of him, Laughing Last; Alistair Cooke‘s A Generation on Trial; and Allan Weinstein’s Perjury.  I mention the fact that I read these four books not because they qualify me as an expert on a matter as complex and hotly disputed as the Hiss case; obviously they do not.   All I want to do is explain that I have a certain familiarity with the Hiss case, and that I take an interest in discussions of it. 

D. D. Guttenplan reviews two recent books, Susan Jacoby‘s Alger Hiss and the Battle for History and Spies: The Rise and Fall of the KGB in America, by John Earl Haynes, Harvey Klehr, and Alexander Vassiliev.  In regard to Spies, Guttenplan’s main goal is disprove the book’s accusation that journalist I. F. Stone was a Soviet agent.  I would be inclined to say that Guttenplan achieves that goal easily.  I haven’t read the book, but unless there is a great deal more to it than Guttenplan acknowledges it would seem that its authors have not only failed to make the case against Stone, but have actually made a compelling case that Stone could not have been the man the Soviets codenamed “Blin” “”Pancake.”)  

Guttenplan’s contribution to the Hiss debate is less of a triumph.  The review goes on and on about the absence of Hiss’ name from declassified KGB documents.  It would be difficult to imagine a less relevant point.  Hiss was never accused of spying for the KGB.  The KGB was an organ of Soviet State Security.  Hiss was accused of passing documents, not to Soviet State Security, but to Soviet Military Intelligence (the GRU.)  The man who identified himself as Hiss’ contact was Whittaker Chambers, whom no one denies was an operative of Soviet Military Intelligence.  In the Soviet system, Military Intelligence was a bitter rival of State Security; they most assuredly did not share with each other the names of highly placed agents whom they had recruited. 

Hiss’ defenders are not alone in ignoring this point.  So, those who are most convinced of his guilt often bring up the “VENONA Intercepts,” cables sent by KGB station chiefs in Washington to Moscow and intercepted by the FBI in the years 1946-1980.  These cables use the codename “ALES” to refer to a man who sounds more like Alger Hiss than anyone else, and describe him as an agent of Soviet intelligence.  They do not report direct contacts with ALES, however, nor do they include any intelligence gathered from him.  The likeliest explanation, then, is that the station chief had heard a rumor that Hiss was working for Soviet Military Intelligence and was reporting this rumor to headquarters.  That such rumors were circulating about Hiss in various intelligence services around the world before Chambers made his charges public has been known for some time; in the first edition of Perjury, published in 1978, Allan Weinstein devoted a whole appendix to indications that a number of European intelligence services believed Hiss was a Soviet agent.  VENONA does nothing but add Soviet State Security to the list of these services.   

nation 1 june 20091 June:  Akiva Gottlieb reviews Clint Eastwood’s latest bout of macho self-pity masquerading as a movie.  The last two paragraphs sum up Gottlieb’s view:

In the closing scene of Gran Torino, a lawyer reads from the dead man’s will, which Walt had written himself. It turns out that he had chosen to bequeath the titular totem of middle-class luxury to Thao, “on the condition that you don’t chop-top the roof like one of those beaners, don’t paint any idiotic flames on it like some white trash hillbilly and don’t put a big gay spoiler on the rear end like you see on all of the other zipperheads’ cars.” In other words, Walt gets to keep his racial epithets and be the hero, too. The closing credits roll over a shot of Thao cruising in his new vehicle of assimilation, with Eastwood’s raspy voice cooing gently on the soundtrack, reminding the next generation just who we have to thank for our liberty.

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