Militarized Police State

The video of the pepper-spraying of student #Occupy protesters by University of California-Davis campus police in riot gear was a real eye-opener.  When I went to college, the campus police were un-uniformed and as far as I knew un-armed.  Their main function seemed to be ferreting out girls in dorm rooms after curfew.

Now they might be cruising around in armored personnel carriers.  Since 1997 the Department of Defense has given away more than 2½ billion dollars of excess equipment to 17,000+ state and local law enforcement agencies including body armor, night vision gear, assault rifles, grenade launchers, armored vehicles, helicopters, riverboats and robots.  The Department of Homeland Security has a grant program under which law enforcement agencies can acquire even more equipment.

The Texas Department of Public Safety has its own surveillance drones.

In October, California’s Alameda County Sheriff’s Department hosted Urban Shield, an annual training exercise  to coordinate responses to a terror attack or natural disaster in the Bay Area.  The exercise, which included a 50-hour SWAT competition on the UC-Berkeley campus, was attended by police teams from the US and other countries, notably Israel, which as “the Harvard of antiterrorism” has had a major influence on how US police handle civilians.

A month later, Oakland and UC-Berkeley #Occupiers were overpowered by police who had participated in the exercise.

As the police become more militarized, the military becomes more involved in law enforcement.

In 2008, US Northern Command, which was added to the military’s combatant commands after 9/11 to defend the US homeland, acquired its first active army unit, a brigade combat team assigned to the command’s US Army North.  The unit, designated a Consequence Management Response Force, is being trained in “crowd and traffic control equipment and nonlethal weapons designed to subdue unruly or dangerous individuals without killing them.”  Army Times, however, emphasized that the training is only for “war-zone operations, not for any domestic purpose.”

“Not for any domestic purpose” is to steer clear of the Posse Comitatus Act.  Enacted in 1878 after Congress ended Reconstruction and withdrew federal troops from the South, the Act prohibits the use of the US Army for law enforcement – “executing the laws” -- unless “expressly authorized by the Constitution or by act of Congress.”

The major act of Congress that expressly authorizes federal troops to execute federal and state laws is the Insurrection Act of 1807.  Earlier legislation, particularly the Militia Act of 1795, authorized the President to call up State militias (now called the National Guard) in case of rebellion against a State, if the State legislature or governor so requested, or in case US laws could not be enforced.  The 1807 Act allowed the President to use the army and navy in any case where calling up the militia was authorized.

The Civil Rights Act of 1871, aimed at the Ku Klux Klan, extended the power of the President to use militia and federal forces to any “insurrection, domestic violence, unlawful combination, or conspiracy” that deprived people in a State of their constitutional rights or obstructed US laws.

All this legislation, still quaintly referred to as the Insurrection Act of 1807, endured without significant change for the last 130 years until an amendment to it was buried in the Defense Authorization Act of 2007.  With an eye to Hurricane Katrina, recent flu epidemics and 9/11, Congress greatly enlarged the President’s authority to use armed forces for law enforcement by extending it to “natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition” leading to domestic violence that local authorities cannot control.

Now, as we speak, a bipartisan Congress is about to complete the militarization of our National Police State by putting the military in charge of terrorism with the authority, say two retired Marine generals, to “indefinitely detain without charge people suspected of involvement with terrorism, including United States citizens apprehended on American soil.”  The Marines, a former Commandant and a former commander of Central Command, urged President Obama to veto the legislation (which Obama has molded to his satisfaction) because it “would extend the battlefield to include the United States – and hand Osama bin Laden an unearned victory long after his well-earned demise.”

We might bear in mind that the terrorists with whom our National Police State is obsessed are mostly nonstate actors who rarely get loose in the US or, if home-grown, are rarely beyond surveillance.  Since real terrorists are scarce, police agencies are honing their new military skills on largely peaceful #Occupiers and students.  Whom are they protecting?

Terrorists have been prosecuted by US civil authorities in accordance with the US Constitution and the Geneva Conventions, but not successfully by the US military.  Turning people whom the President suspects of being terrorists over to the military subjects them to preventive detention under martial law with no right of habeas corpus.  Whom will that protect?

Wall Street v. the Pentagon

The focus of the original 99 Percenters in the US who came together in response to a call to occupy Wall Street on September 17, 2011 was the metaphorical Wall Street – the big commercial and investment banks that pumped up the housing bubble to spawn risky home mortgages until the bubble burst and brought on the Great Recession with its enduring legacy of 9+ percent unemployment.

The government rescued Wall Street but not its victims, homeowners who over-borrowed from the value of their new or existing homes after being assured by their bank-financed lenders that housing prices always went up.  Borrower beware was the lesson they learned the hard way when housing prices plummeted.

Beware Wall Street Unregulated was the lesson that we as a country relearned one more time.

But we have more special interest groups than Wall Street to be wary of.  Wall Street is prominent because of the havoc that it caused and because of its outsized political contributions to forestall regulation.  At heart, what bankers want is the freedom to exploit other bubbles and other marks without government interference.  They don’t need a government commitment to bail them out because they expect to enrich themselves and their banks, not fail, or at least enrich themselves before their banks fail.

By contrast, another special interest group, centered metaphorically in the Pentagon, could not thrive without a government commitment, in this case a commitment to perpetual war budgets.  War budgets tend to get cut when we have no wars to fight, but since 9/11 we’ve been engaged in a perpetual war against terrorists that is the longest war in our history and second only to World War II in cost.

In his farewell address, President Eisenhower named this special interest group the military-industrial-congressional complex (MICC), although he judiciously deleted the “congressional” portion in the public version of the speech.  MICC consists of a large standing military represented by the top generals and admirals in the Pentagon, a huge defense industry built to support the Cold War and a widespread bipartisan congressional patronage network.

After the Soviet Union stood down the Cold War at the end of 1988 and then liquidated itself at the end of 1991, leaving the US as the world’s lone superpower, we might have expected a significant reduction in the defense budget as a peace dividend.  The defense industry, however, had other plans, and competing in the market for non-defense businesses in the free market wasn’t one of them.  As one CEO conceded, “sword makers don’t make good and affordable plowshares.”  Ford switched from Ford cars to producing Jeeps and one B-24 Liberator every hour during World War II – and then back to cars after the war – but that was then and this is now.

What the sword makers proved particularly adept at are what a seminal 1990 paper by veteran Pentagon analyst Franklin “Chuck” Spinney called defense power games.  These games, which are “played” with the other MICC members (the Pentagon and Congress) much as adults play games with their young children, involve two moves by the sword maker, front loading and political engineering.  Spinney explains:

Front loading is the practice of planting [i.e., inducing the Pentagon or Congress to allocate] seed money for new programs while downplaying their future obligations.  This game, which is a clever form of the old-fashioned "bait-and-switch," makes it easier to sell high-cost programs to skeptics in the Pentagon and Congress.  Political engineering is the strategy of spreading dollars, jobs, and profits to as many important congressional districts as possible.  By making voters dependent on government money flows, the political engineers put the squeeze on Congress to support the front-loaded program once its true costs become apparent.

The games create a bias for complexity, since the ultimate costs of complex systems are harder to forecast (making front loading easier to get away with) and involve more subcontracting to spread around the country.  But complex systems are also more expensive to build and to maintain, meaning that costs grow faster than budgets.  Who within the MICC takes the hit?

“The defense power games,” Spinney tells us, “are stratagems for … transferring money from the taxpayer to a central bureaucracy that subsequently disburses the money to a socialistic industry, even if the transfer sacrifices the capabilities of our military forces [emphasis mine].  That is what slashing the operations budget [which supports the military] to save the investment budget [which supports the defense industry] is all about.”

In the Pentagon, defense power games have never been called off.  As a consequence, we have the highest military budgets since World War II but our all-volunteer forces are stretched to fight the fights that the President says are necessary.  Something is wrong here, and I’m not talking about the budget deficit.

Until that wrong is righted, let’s make sure that the Pentagon ranks high among the objects of our occupation.

Changing Congress

To get into the subject of this, my first blog post – changing Congress -- let me run through a few assumptions without stopping here to explain them or defend them.  As expounded in Federalist Article #39, written by James Madison in 1788 as he argued for the adoption of the Constitution, the United States of America is a “government which derives all of its powers directly or indirectly from the great body of the people,” making it (by design) a democracy, and is “administered by persons holding their offices during pleasure, for a limited period, or during good behavior,” making it (by design) a democratic republic.  Members of Congress and the President are administrators elected by the people for a limited period.

But Madison also recognized in Federalist #10 that “men of factious tempers, of local prejudices, or of sinister designs, may, by intrigue, by corruption, or by other means, first obtain the suffrages, and then betray the interests, of the people.”  In 2007 Martin Gilens of Princeton concluded from an extensive study that “whether or not elected officials and other decision makers ‘care’ about middle-class Americans, influence over actual policy outcomes appears to be reserved overwhelmingly for those at the top of the income distribution.”  If government of, by and for the great body of the people is (by definition) a democracy, government of, by and for those at the top of the income distribution is a plutocracy.

The US today is a plutocratic republic.  Members of Congress are addicted to nonstop campaign fundraising, and almost all of the funds are raised from those at the top of the income distribution.  As Ken Silverstein pointed out several years ago in Harper’s, “the most lavish benefit of winning a congressional campaign is, ironically enough, the right to keep on campaigning – and therefore to keep raising and spending donor money.”  Although Congress is not the sole cause of our drift from democracy to plutocracy, I agree with Lawrence Lessig and Joe Trippi that we should strike at the root of the problem and fix Congress first.

Fixing Congress means electing members who have “an immediate dependence on, and an intimate sympathy with, the [great body of the] people” (Madison again) rather than just those at the top of the income distribution.  The hard way to get there is to persuade incumbent members of Congress to cure themselves of their addiction.  Lessig believes that we have to go for a Constitutional amendment, which has to be initiated by a two-thirds vote of both the House and the Senate or by the approval of two-thirds of the States for a Constitutional convention.  Approval of an amendment in either case requires the approval of three-fourths of the States.  Tough sledding, especially for a Constitutional convention, which has never been tried.

I like a third approach – putting up candidates who are committed never to accept donations over a certain amount, like 100 dollars per contributor per year.  This is the scheme proposed by the Fair Elections Now Act, a bill now before Congress to provide public financing for Congressional campaigns.  Getting Congress to pass the bill is also tough sledding, although (perhaps) not as tough as a Constitutional amendment.  A nice feature of FENA is forbidding candidates who sign on to it from using any money in the campaign – including personal or family wealth – that is not raised by personal contributions of 100 dollars or less or by matching contributions under the Act.

Imagining a Congress controlled by members beyond the reach of the plutocrats makes sugar plum fairies dance in my head.  But what really energizes them (the fairies) is another thought: what if the 99 percenters became regular voters?  What if they came to believe that the surest route to economic freedom is through exercising the political freedom that they already have to vote for candidates who don’t accept large donations?

As  I indicated in my (also first) tweet today, if only 99 percenters became regular voters in elections and primaries.  They could change Congress, 50 States & the World.