The cruel and unusual punitiveness of American society is a frequent topic on these page. (The most recent piece is here.) No nation on earth puts as many of its people in jail -- both in real numbers and as a percentage of the population. And few if any have "justice" systems so savagely targeted at racial minorities. For the past 30 years -- concurrent with the organized effort by the monied, militarized elite to destroy any and all restraints on their predatory appetites -- the United States has waged an unrelenting war on its black population, and on other minority and marginalized groups as well.
Punitive incarceration has been turned into a lucrative resource for private profit (and public corruption), and a political tool by which ambitious poltroons in both major parties establish their "toughness," their fitness for power in an aggressive empire. The size and the harshness of the America's domestic gulag have very little to do with the actual level of dangerous crime; they are instead tied far more closely to the agenda of money and power than any reality.
With approximately 2.3 million people in prison or jail, the United States incarcerates more people than any other country in the world—by far. Our per capita rate is six times greater than Canada's, eight times greater than France's, and twelve times greater than Japan's. Here, at least, we are an undisputed world leader; we have a 40 percent lead on our closest competitors—Russia and Belarus.
...For one group in particular, however, these figures have concrete and deep-rooted implications—African-Americans, especially young black men, and especially poor young black men. African-Americans are 13 percent of the general population, but over 50 percent of the prison population. Blacks are incarcerated at a rate eight times higher than that of whites—a disparity that dwarfs other racial disparities. (Black–white disparities in unemployment, for example, are 2–1; in nonmarital childbirth, 3–1; in infant mortality, 2–1; and in net worth, 1–5).
In the 1950s, when segregation was still legal, African-Americans comprised 30 percent of the prison population. Sixty years later, African-Americans and Latinos make up 70 percent of the incarcerated population, and that population has skyrocketed. The disparities are greatest where race and class intersect—nearly 60 percent of all young black men born between 1965 and 1969 who dropped out of high school went to prison at least once on a felony conviction before they turned thirty-five. And the incarceration rate for this group—black male high school dropouts—is nearly fifty times the national average.
These disparities in turn have extraordinary ripple effects. For an entire cohort of young black men in America's inner cities, incarceration has become the more-likely-than-not norm, not the unthinkable exception. And in part because prisons today offer inmates little or nothing in the way of job training, education, or counseling regarding their return to society, ex-offenders' prospects for employment, housing, and marriage upon release drop precipitously from their already low levels before incarceration.
That in turn makes it far more likely that these ex-offenders will return to criminal behavior—and then to prison. Meanwhile, the incarceration of so many young men means more single-parent households, and more children whose fathers are in prison. Children with parents in prison are in turn seven times more likely to be imprisoned at some point in their lives than other children. As Brown professor Glenn Loury puts it in Race, Incarceration, and American Values, we are "creating a racially defined pariah class in the middle of our great cities."
...Until 1975, the United States' criminal justice system was roughly in line with much of Europe's. For fifty years preceding 1975, the US incarceration rate consistently hovered around 100 inmates per 100,000; criminologists made careers out of theorizing that the incarceration rate would never change. Around 1975, however, they were proved wrong, as the United States became radically more punitive. In thirty-five years, the incarceration rate ballooned to over 700 per 100,000, far outstripping all other countries.
This growth is not attributable to increased offending rates, but to increased punitiveness. Being "tough on crime" became a political mandate. State and federal legislatures imposed mandatory minimum sentences; abolished or radically restricted parole; and adopted "three strikes" laws that exact life imprisonment for a third offense, even when the offense is as minor as stealing a slice of pizza. Comparing the ratio of convictions to "index crimes" such as murder, rape, and burglary between 1975 and 1999 reveals that, holding crime constant, the United States became five times more punitive. Harvard sociologist Bruce Western estimates that the increase in incarceration rates since 1975 can take credit for only about 10 percent of the drop in crime over the same period.
Much of the extraordinary growth in the prison and jail population is attributable to a dramatic increase in prosecution and imprisonment for drug offenses. President Reagan declared a "war on drugs" in 1982, and the states eagerly followed suit. From 1980 to 1997, Loury tells us, the number of people incarcerated for drug offenses increased by 1,100 percent. Drug convictions alone account for more than 80 percent of the total increase in the federal prison population from 1985 to 1995. In 2008, four of five drug arrests were for possession, and only one in five was for distribution; fully half of all drug arrests were for marijuana offenses.
African-Americans have borne the brunt of this war. From 1985 to 1991, the number of white drug offenders in state prisons increased by 110 percent; the number of black drug offenders grew by 465 percent. The average time served by African-Americans for drug crimes grew by 62 percent between 1994 and 2003, while white drug offenders served 17 percent more time. Though 14 percent of monthly drug users are black, roughly equal to their proportion of the general population, they are arrested and imprisoned at vastly disproportionate rates: 37 percent of those arrested for drug offenses are black as well as 56 percent of those in state prisons for drug offenses. Blacks serve almost as much time in prison for drug offenses (average of 58.7 months) as whites do for violent crimes (average of 61.7 months)
...If white male babies faced anything like such prospects, the politics of crime would look very different. We would almost certainly see this as an urgent national calamity, and demand a collective investment of public resources to forestall so many going to prison. Politicians would insist that we reduce criminal penalties, decriminalize nonviolent drug offenses, and promote alternatives to incarceration.
...The war on drugs has by most accounts been a failure, and we are all paying the bill. In 2008, 1.7 million people were arrested for drug crimes.[12] Since 1989, more people have been incarcerated for drug offenses than for all violent crimes combined. Yet much like Prohibition, the war on drugs has not ended or even significantly diminished drug use. It has made drugs more expensive, and fostered a multibillion-dollar criminal industry in drug delivery and sales. Drugs have become more concentrated and deadly; twice as many people die from drugs today than before the war on drugs was declared. If anything, the war on drugs has probably increased the incidence of crime; about half of property crime, robberies, and burglaries are attributable to the inflated cost of drugs caused by criminalizing them.
Cole also outlines some of the fitful steps being taken at reforming this monstrous system -- most of them being driven by the financial crisis, as states find they can no longer maintain vast hordes of their own citizens behind bars. And a few officials are dimly beginning to ponder the broader social (and economic -- always economic!) consequences of consigning generation after generation of American citizens to lives of incarceration, poverty, hopelessness and injustice. But as Cole concludes:
Our addiction to punishment should be troubling not only because it is costly and often counterproductive, but because its race and class disparities are morally unacceptable. The most promising arguments for reform, therefore, must appeal simultaneously to considerations of pragmatism and principle. The very fact that the US record is so much worse than that of the rest of the world should tell us that we are doing something wrong, and the sheer waste of public dollars and human lives should impel us toward reform. But as the authors of these three books make clear, we will not understand the problem fully until we candidly confront the fact that our criminal justice system would not be tolerable to the majority if its impact were felt more broadly by the general population, and not concentrated on the most deprived among us.
A tale torn from the headlines of today ... and yesterday ... and the day before yesterday ... from medieval manuscripts ... Roman scrolls ... Egyptian papyrus ... Sumerian baked clay tablets ....
For anyone still harboring a few scraps of vestigial hope that the change of administration effected by the 2008 election would restore even a thin, weak, straggly lineament thin of the rule of law in the United States, the recent opinion piece by Barack Obama's hand-picked CIA chief, the doleful Establishment water-toter Leon Panetta, will tell you all you need to know.
In the friendly confines of the authoritarian newsletter known as the Washington Post -- Panetta, the weak reed appointed precisely because of his weakness and reedness by Obama, who then surrounded the little puppet with some of the most complicit torture mavens of the Bush Regime to really run the CIA show -- delivered himself of one of the most cringe-worthy performances by a high public official since the ritual abasements of Stalin's 1930s show trials. In this case, however, Panetta was not making a ludicrous, outrageous confession of false crimes he never committed; instead, he was making a ludicrous, outrageous defense of real crimes committed by Obama's predecessors -- and in the process justifying his boss's craven (if entirely predictable) failure to faithfully execute the laws of the United States, as he swore to do in front of so many swooning millions just a few months ago, and prosecute the top Bushists for their manifest (not to mention openly confessed) high crimes.
In the piece, Panetta followed the Dick Cheney party line that the Obama Administration has adopted whole cloth. Anyone fooled by the stilted kabuki theater staged in the past few months -- i.e., a purported "great conflict" between Obama and Cheney over torture and other Terror War issues -- has, as they say, rocks in the head. For Obama has pushed the Cheney line at every turn -- in speeches, in policy decisions and in court actions. And what is that line? In brief, that Bush and Cheney were noble public servants whose every possible excess can be excused by their zealous love and concern for the American people. That's the broad overview; getting down to brass tacks, the Cheney line is that any act of the Bush Administration that on the surface appears to be a flagrant violation of settled U.S. law was in fact perfectly justified by legal memos written, to order, by White House lawyers.
This is the sum total of the arguments advanced by Cheney and various other Bush apologists in recent months. Can anyone deny that these are the precise positions also taken by the Obama Administration? Well, if it wasn't specific enough for you before, Panetta has made it crystal clear. He writes:
The time has come for both Democrats and Republicans to take a deep breath and recognize the reality of what happened after Sept. 11, 2001. The question is not the sincerity or the patriotism of those who were dealing with the aftermath of Sept. 11. The country was frightened, and political leaders were trying to respond as best they could. Judgments were made. Some of them were wrong. But that should not taint those public servants who did their duty pursuant to the legal guidance provided.
The only minor point of disagreement between Cheney and Obama on this point can be found in Panetta's milksop concession the "some" of the "judgments" made by the Bush Administration were "wrong." But this is simply the usual factional quibbling seen around any imperial court. The core argument is the same: the attacks on September 11 justified any and all reactions in response, however illegal, heinous, murderous and atrocious.
(I would just like to interject a personal note here. I am an American citizen, and I was not "frightened" after the September 11 attacks. Nor was I "frightened" by the London attacks on July 7, 2005, even though I was in London that day. I have never been so "frightened" of terrorist attacks -- not even in the first minutes and hours after September 11 -- that I was willing to jettison the U.S. constitution, not to mention all rational judgment and common and moral sense, and let the government do "whatever it takes" to protect me. I have always deeply resented this constant imputation of base cowardice to the entire American people by American leaders year after year. I have no doubt whatsoever that the coddled, well-wadded sons of bitches who feed at public trough in Washington are themselves base cowards of the highest order; but Jesus Herbert Walker Christ, I do get tired of them projecting their own wiggly fears onto me.)
Look, it's very simple. The American republic ended for good a long time ago, more than a decade before I was born. Its last vestiges were wiped out with the creation of the National Security State signed into being by President Harry S Truman in 1947, and strengthened in a series of directives in the subsequent months. Such as the secret National Security Council directive NSC 10/2, signed in June 1948, which, as James Douglass notes, gave the newly created American security apparat the power to carry out "propaganda, economic warfare, preventive direct action including sabotage, anti-sabotage, demolition and evacuation measures, subversion against hostile states including assistance to underground resistance movements, guerillas and refugee liberation groups." It also directed that these covert ops were to be "so planned and executed that any US government responsibility for them is not evident to unauthorized persons, and that if uncovered the US government can plausibly deny responsibility for them."
In other words, Panetta's CIA -- and the plethora of other secret agencies and armies that have sprung up in the blood-drenched muck of the National Security State -- is specifically empowered to break the law and lie about it.
So what are we to make of Panetta's rationalization of Obama's cowardice in confronting the crimes of his predecessor, when he says:
...the Obama administration made policy changes in intelligence that ended some controversial practices... Yet my agency continues to pay a price for enduring disputes over policies that no longer exist.
Let's leave aside the glaringly obvious fact that an alleged cessation of a crime in no way mitigates or absolves its past commission. Or to put it another way: if a serial killer stops killing people, he is still culpable for the murders he committed before he "reformed." Yet we are constantly told that the government could fall and the world could end if anyone in power acknowledges this simple, self-evident fact.
But as I said, put that aside for the moment, and consider this: When the head of an agency that was created and empowered specifically to break the law and tell lies about it tells us that his agency no longer breaks the law -- are we supposed to believe him? Should such a person from such an agency be given the benefit of the doubt? Or should not our first, rational, logical, and fully justified-by-history reaction be: "This guy is lying, and I will continue to assume that he is lying -- since that is his job -- until he proves, conclusively, otherwise."
This operation of reason and logic is given the pejorative term "cynicism" these days, especially among those of "progressive" hue, some of whom are still painfully contorting themselves in order to "give Obama a chance." We also hear sometimes that, like John Kennedy, Obama must move carefully against powerful, entrenched interests in the military-industrial-security complex. But there is no indication that Obama is in the least interested in moving "against" this complex; on the contrary, there are relentless, manifold indications that he eagerly embraces the National Security State and the militarist empire for which it stands, and seeks to extend its power. The op-ed by Panetta is yet another chunk in this mountain of evidence. For again, does anyone out there seriously believe that Panetta would be green-lighted to publish such a piece if it did not reflect the views of Barack Obama?
So you want to know what Obama thinks? He thinks, like Cheney, that you are a sniveling little coward who was glad to sign over your liberties to an authoritarian regime. He thinks, like Cheney, that any crime -- torture, murder, aggressive war -- can be countenanced if the Leader and his minions order it to be done. He thinks, like Cheney, that the decades-old National Security State must be protected -- at all costs -- from any vestige or ghostly revenant of the vanished Republic and its laws.
That is what Barack Obama believes. That is what his policies imply. And that is what his shallow mouthpiece, Leon Panetta, has just told you, openly, brazenly, to your face.
It will not have escaped your notice that we have had some technical difficulties of late. This was due to a rather nasty hack that has occasioned major revamping, overhauling, reconfiguring and all manner of other labor-intensive, time-consuming operations, now being undertaken by our indefatigable webmaster, Richard Kastelein. Rich has gotten the core of the website up and running again, but it will still take some time before full functionality is restored.
Meanwhile, Rich asks if all registered readers would mind re-registering. Because of the nature and extent of the damage, it is uncertain whether we can recover all of the previous registration data, so it's best just to re-register to be on the safe side. We apologize for this inconvenience, but what can you do? When people keep throwing bombs through your windows and destroying the premises, you've got to clean up the debris and start again.
I wrote a piece here a few days ago on a recent ruling by the Supreme Court, in which the justices agreed with the passionate plea of the Obama Administration to uphold -- and establish as legal precedent -- some of the most egregious of the Bush Administration's authoritarian perversions. This was the gist of the ruling:
The Supreme Court acquiesced to the president's fervent request and, in a one-line ruling, let stand a lower court decision that declared torture an ordinary, expected consequence of military detention, while introducing a shocking new precedent for all future courts to follow: anyone who is arbitrarily declared a "suspected enemy combatant" by the president or his designated minions is no longer a "person." They will simply cease to exist as a legal entity. They will have no inherent rights, no human rights, no legal standing whatsoever -- save whatever modicum of process the government arbitrarily deigns to grant them from time to time, with its ever-shifting tribunals and show trials.
One of the attorneys involved in the case rightly likened the ruling to the infamous 1857 Dred Scott decision, in which the Court declared that any person of African descent brought to the United States as a slave -- or their descendants, even if they had been freed -- could never be citizens of the United States and were not protected by the Constitution. They were non-persons under the law; sub-humans.
I noted the grim irony that this principle of non-personhood had now been reintroduced into the law of the land by our first African-American president. (But this is only to be expected, given the law of opposites that so often governs American politics: only a lifelong Red-baiter like Nixon could make an opening to Communist China; only a supposed liberal like Bill Clinton could gut the federal welfare system. And only an African-American president could reintroduce the principle of slavery and get away with it. No doubt it will be a woman president who finally re-imposes a total ban on abortion.)
My piece was picked up by a few other sites, where it attracted some criticism for being too "extreme," too shrill, too panicky and exaggerated. After all, some critics said, this case involves foreigners rounded up in the context of a military conflict. (An undeclared, open-ended, borderless, lawless conflict, but still.) And while one might consider the captives treatment a bit too rough or unjust, it is still a far leap to conclude that the Supreme Court ruling implies some kind of general attack on the liberties of real, honest-to-god American citizens!
Ah, what bliss it must be, to dwell in such sweet ignorance. The many decisions by the Supreme Court and lower courts upholding the federal government's authoritarian power to strip Terror War captives of inherent and inalienable legal rights are part of a larger framework that applies both in theory and in practice to everyone -- American citizens included. What we are seeing is the construction of a new "social contract," the open codification of a new relationship between the individual and the state, in which all powers and rights reside solely in the latter, which can bestow them or withhold them at will, arbitrarily, unaccountable. In contrast, it is the individual who must be totally accountable to the state. The state is bound by no law, but the individual is subject to them all -- including "secret laws" and decrees and executive orders of which he or she has no knowledge.
The state has always tended toward the imposition of this feudal condition, of course -- hence the many balks and bafflements to state power that have been attempted over the years. But now the exaltation of state power over any claim of individual rights is being openly declared, avidly pursued, and judicially ratified.
And yes, Virginia, it all applies to American citizens as well. Chris Hedges demonstrates this clearly in a devastating piece on the case of American citizen Syed Fahad Hashmi. Below is an excerpt, but you should read the whole piece:
Syed Fahad Hashmi can tell you about the dark heart of America. He knows that our First Amendment rights have become a joke, that habeas corpus no longer exists and that we torture, not only in black sites such as those at Bagram Air Base in Afghanistan or at Guantánamo Bay, but also at the federal Metropolitan Correctional Center (MCC) in Lower Manhattan. Hashmi is a U.S. citizen of Muslim descent imprisoned on two counts of providing and conspiring to provide material support and two counts of making and conspiring to make a contribution of goods or services to al-Qaida. As his case prepares for trial, his plight illustrates that the gravest threat we face is not from Islamic extremists, but the codification of draconian procedures that deny Americans basic civil liberties and due process....
Hashmi, who if convicted could face up to 70 years in prison, has been held in solitary confinement for more than 2½ years. Special administrative measures, known as SAMs, have been imposed by the attorney general to prevent or severely restrict communication with other prisoners, attorneys, family, the media and people outside the jail. He also is denied access to the news and other reading material. Hashmi is not allowed to attend group prayer. He is subject to 24-hour electronic monitoring and 23-hour lockdown. He must shower and go to the bathroom on camera. He can write one letter a week to a single member of his family, but he cannot use more than three pieces of paper. He has no access to fresh air and must take his one hour of daily recreation in a cage. ...
“My brother was an activist,” Hashmi’s brother, Faisal, told me by phone from his home in Queens. “He spoke out on Muslim issues, especially those dealing with the wars in Iraq and Afghanistan. His arrest and torture have nothing to do with providing ponchos and socks to al-Qaida, as has been charged, but the manipulation of the law to suppress activists and scare the Muslim American community. My brother is an example. His treatment is meant to show Muslims what will happen to them if they speak about the plight of Muslims. We have lost every single motion to preserve my brother’s humanity and remove the special administrative measures. These measures are designed solely to break the psyche of prisoners and terrorize the Muslim community. These measures exemplify the malice towards Muslims at home and the malice towards the millions of Muslims who are considered as non-humans in Iraq and Afghanistan.”
...“Most of the evidence is classified,” Jeanne Theoharis, an associate professor of political science at Brooklyn College who taught Hashmi, told me, “but Hashmi is not allowed to see it. He is an American citizen. But in America you can now go to trial and all the evidence collected against you cannot be reviewed. You can spend 2½ years in solitary confinement before you are convicted of anything. There has been attention paid to extraordinary rendition, Guantánamo and Abu Ghraib with this false idea that if people are tried in the United States things will be fair. But what allowed Guantánamo to happen was the devolution of the rule of law here at home, and this is not only happening to Hashmi.”
The case against Hashmi revolves around the testimony of Junaid Babar, also an American citizen. Babar, in early 2004, stayed with Hashmi at his London apartment for two weeks. In his luggage, the government alleges, Babar had raincoats, ponchos and waterproof socks, which Babar later delivered to a member of al-Qaida in south Waziristan, Pakistan. It was alleged that Hashmi allowed Babar to use his cell phone to call conspirators in other terror plots.
“Hashmi grew up here, was well known here, was very outspoken, very charismatic and very political,” said Theoharis. “This is really a message being sent to American Muslims about the cost of being politically active. It is not about delivering alleged socks and ponchos and rain gear. Do you think al-Qaida can’t get socks and ponchos in Pakistan? The government is planning to introduce tapes of Hashmi’s political talks while he was at Brooklyn College at the trial. Why are we willing to let this happen? Is it because they are Muslims, and we think it will not affect us? People who care about First Amendment rights should be terrified. This is one of the crucial civil rights issues of our time. We ignore this at our own peril.”
Babar, who was arrested in 2004 and has pleaded guilty to five counts of material support for al-Qaida, also faces up to 70 years in prison. But he has agreed to serve as a government witness and has already testified for the government in terror trials in Britain and Canada. Babar will receive a reduced sentence for his services, and many speculate he will be set free after the Hashmi trial. Since there is very little evidence to link Hashmi to terrorist activity, the government will rely on Babar to prove intent. This intent will revolve around alleged conversations and statements Hashmi made in Babar’s presence. Hashmi, who was a member of the New York political group Al Muhajiroun as a student at Brooklyn College, has made provocative statements, including calling America “the biggest terrorist in the world,” but Al Muhajiroun is not defined by the government as a terrorist organization. Membership in the group is not illegal. And our complicity in acts of state terror is a historical fact.
There will be more Hashmis, and the Justice Department, planning for future detentions, set up in 2006 a segregated facility, the Communication Management Unit, at the federal prison in Terre Haute, Ind. Nearly all the inmates transferred to Terre Haute are Muslims. A second facility has been set up at Marion, Ill., where the inmates again are mostly Muslim but also include a sprinkling of animal rights and environmental activists...
I have been writing about this since November 2001, when George W. Bush's authoritarian claims over the liberty -- and lives -- of every human being on earth were first coming to light. (And not in dogged investigative reports, but in open, laudatory stories in the mainstream media.) It is very simple: all the government has to do is declare, arbitrarily, with no due process, that you -- yes, you, Mister and Ms American Citizen -- are a terrorist, or suspected terrorist, or an enemy combatant, and you can be stripped of your legal personhood, plunged into a gulag, confined indefinitely, plunged into isolation -- or killed.
I agree that this is a very upsetting situation, and not very pleasant to think about. But pretending that it is not a reality will not make it go away.
