Archive for ‘History’ Category

The MAGA pyramid.

datePosted on 16:07, August 31st, 2020 by Pablo

This is a short reflection on the what of Trump’s support in the US two months out from the national elections. For weeks now I have been saying to friends here and in the US that whatever the result, there will be bloodshed in the streets. If Trump wins, his armed supporters will celebrate with open displays of armed intimidation, which will include assaults on those who may chose to oppose them in public spaces. If he loses they will go nuts and attack those who they believe had a hand in stealing the election, especially if he calls on them to defend his stolen victory against the usurping Democrat-led coloured hordes. It will not be pretty, and it has already started in Kenosha and Portland.

Although any sane person would believe that after four years the US simply cannot sustain more of the idiocy, corruption, self-serving greed, bigotry, racism and xenophobia that marks the Trump administration, the truth is that he can get re-elected. With his polling weighed down by the pandemic and its attendant economic downturn, he is pulling out all the stops, with his racist dog-whistling now a full-throated megaphoning disguised as a defence of law and order that is starting to resonate with white audiences unfamiliar or uncaring about the realities of (often militarised) policing in the country. His fear for “suburbia” is no more than a code word for “the coloured folk and commies are coming to harm you, ” with the entire GOP falling into line behind his ugly tropes.

Even though Joe Biden leads most polls and they are doing well in many congressional races, the Democrats need to be careful. Biden is a lacklustre candidate at best who along with the Democratic National Committee has turned his back on the liberal wing of the party in favour of yet more centrism (or better said, in favour of the corporate wing of the party). While a strong choice for Vice President, Kamala Harris is no socialist. The Clinton/Obama wing continues to dominate the campaign strategy, eclipsing Bernie Sanders, Elizabeth Warren and the progressives who rally behind the likes of Alexandria Ocasio-Cortez. Once again we are told that the election is too important to lose and that a safe pair of moderate hands palatable to middle class white folk is the best way to ensure that Drumpf is consigned to the ash bin of history.

That dynamic pushes the Democratic agenda onto two legs: Biden/Harris as the “not Trump/Pence” alternative; and identity politics. The reckoning appears to be that in a character match-up Biden/Harris win, and that the changing demographics of the US have reached the point to where appealing to non-whites (yet including white women and youth) is a key to success. It includes appeals to non-binary, liminal or non-heteronormative people. But for that to electorally resonate, the logic goes, the ticket must appear to be “reasonable,” that is, to be centrist and “unifying” in its appeal. Nothing about class can be voiced other than the usual platitudes about the hard-working working classes. Nothing that can be weaponised against it by the label “socialism” can be openly mentioned, such as universal health care and welfare reform, debt relief, etc. These unmentionables may resurface after the election in the event of a Democratic victory that includes winning back both houses of Congress (and assuming that civil war does not break out), but they are not part of the campaign platform because the corporate Democrats do not want to be painted as radicals intent on destroying the American (read: white) way of life–claims that were on ample display at the circus side show that was the Republican National Convention.

This poses dangers for the Democrats. In 2016 Steve Bannon correctly argued that all Trump had to do to win was to appeal to lower middle class and working class whites on economic and cultural grounds. It did not matter if he could not fulfil his campaign promises of economic re-birth. It did not matter if by “culture” his appeal was to retrograde sentiments about a past long gone and best forgotten. What mattered was that the Democrats would be too busy fighting amongst themselves along identity and ideological lines, and this would cause large numbers of would-be Democratic voters to abstain from doing so. Added to the fact that Hillary Clinton was successfully painted (with Russian help) as an out-of-touch elitist with murky connections to nefarious swamp figures at home and abroad (in a Trump projection if there ever was one), and Bannon was proven right. 45 percent of eligible voters did not vote in 2016, and of those most were young and/or non-whites who traditionally lean Democratic in national elections.

In 2020 the stakes are higher now that it is clear that institutions have not been able to contain or even restrain Trump in his sociopathic use of public office for private gain. But the Democratic strategy remains the same: appeal to the centre, try to be “nice,” call for unity, and pander to important interest groups that are not reducible to socio-economic class position. Trouble is, there no longer is a majority centre in the US, polarisation is a seismic fault line fracture in American life that transcends politics, and the fundamental unmentionable of socio-economic class and class inequalities fester like an undetected mestasizing malignancy within the US body politic that no amount of chest-beating mythologizing can cure.

More to the point, no matter what the contradictions of US society may be, Trump’s supporters are not interested in unity and centrist moderation. Some may not realise that they are on their economic and political deathbeds, but they all are itching for a fight and are willing to fight dirty in order to prevail even if it is for the last time. In fact, that is explicitly what the alt-Right notions of replacement and acceleration are all about: start the race war now while whites can still prevail, and accelerate extant social divisions in order to do so. The key to their success is to be organised and armed.

So who are the MAGA morons who are the reliable base that Trump can stoke with his scapegoating and fear-mongering? The answer resides in what we might call the MAGA pyramid.

At the bottom are those who are truly deplorable: racists, bigots, misogynists, xenophobes and assorted other a-holes of various stripes. They are not necessarily stupid or poor meth heads living in trailer parks. They are just evil at heart–true scumbags now encouraged and enabled by Trump to come out from under their rocks and revel in their moment in the light.

Many of them are armed.

Above them are the ignorant. These are people who by dint of lack of intellectual capacity, education, exposure to alternative views or ways of being and other consciousness-raising aspects of social life are easily manipulated and fooled. Some of them are also racist bigots and/or sexist xenophobes. They include the gullible who think that their industrial-era jobs are coming back. They are the fools who think that Covid is a hoax or just another flu, that masks are an assault on freedom and that the Clinton ran a paedophila ring out of the basement of a pizza parlour in Northwest Washington DC. These are the QAnon crowd, now mixed in with anti-vaxers, anti-fluoride and other tin hat-wearing bozos who are easily sold the snake oil about the Deep State, Rothchild’s, Trilateral Commission and other global networks run by Soros lackeys and supplicants. It includes true religious believers who think that somehow Trump, while flawed just like Abraham, is God’s chosen vessel for restoring the US to its position back up on that crumbling hill.

Many of them are armed.

At the top of the pyramid are the opportunists. They include Trump and his entourage, but also corporate actors who have taken advantage of the window of opportunity presented to them by his de-regulatory and tax-cut policies. It includes guns and weapons manufacturers trading on his bully penchant for believing that violence is strength. It includes crony capitalists making money off of projects such as the Wall. It is blessed by Evangelical leaders likeJerry Falwell Jr., he of unzipped pants and pool boy threesome “cuck” fame. It includes rightwing ideological extremists who seek to use his administration as a vehicle for their own nativist agendas (think Stephen Miller, Seb Gorka or the departed John Bolton and Bannon himself) and the “conservative” media ecosystem that feeds off the intellectual detritus that oozes from the GOP partisan swamp. That includes a slew of Republican politicians seeking to coattail on evil and venality for their own gain, even if that turns out to be a losing proposition if you are Paul Ryan or Jeff Sessions. It includes the modern equivalent of house negros (e.g. Herman Cain, of Covid death fame) who step and fetch for the master even in the face of his long history of racist contempt for everything that they represent in humanity. Less one think that I am being unkind to these modern day Toms, remember that they are descendants from what Trump described as s***hole countries” that are not like Norway, and share skin tones with people who Drumpf has declared to be traitors and thugs because they take a knee or to the streets to protest systemic racism in the land of the free.

Trump opportunists come in many guises and are both high- and low-brow in nature, but their single commonality is that they know that their collective fortunes rest on manipulating those below them in the pyramid. So long as there are suckers, dupes and rubes to play in the great con game known as the Trump administration, then there always will be players like those surrounding and supporting him who will be there to play the MAGA morons for all its worth.

They too are often armed. And when not armed themselves, part of the con is that they enable and ensure that those below them in the pyramid maintain unfettered access to guns–and listen to directions.

Some may rebut this trichotomy by saying that there are true believers in the Trump support pyramid. That may be true of deplorables like David Duke and ignorants such as assorted old war veterans ripe for the fleecing. But the vast majority of the opportunists understand that Trump’s one belief is in benefitting himself, and if they can do so as well by toadying up to him, then the more the merrier. This project is not about what he and they can do for the country. It is about what personal and political benefit they can extract from their access to federal power while the joyride lasts.

The question of the moment is whether that the mass violence that might break out the night of the elections (November 3), will in fact start earlier. The way things are going it seems that in the measure that Trump and his minions begin to sense the real possibility of defeat, the more they will appeal to their base–the bottom two thirds of the pyramid–to take direct action in order to prevent that from happening. If violent unrest becomes wide-spread then the stage is set for the use of Executive powers to declare a state of national emergency that permits the postponement of the elections. Thus a call to “patriots” to take up arms before the election in defence of “democracy” is entirely possible, and as we have seen in recent days, rightwing militias are ready and willing to heed the call. If that happens, then basic issues of civil-military relations and constitutional principles come into play, if not the integrity of the Union itself.

We must remember that for Trump and company the stakes are deeply personal. Many of these people, not just Trump himself, face the serious possibility of criminal prosecution once they leave office. Not just for what they may have done as private citizens before or on behalf of the current president, but for using their public offices for private gain. As many have pointed out, the parallels and ties between organised crime, the Trump business empire and the Trump administration are clear and tight. The network of Trump-connected criminal opportunists may therefore be very wide, so there is strong incentive for them to collectively do everything in their power while in office to forestall and prevent liability down the road. Four more years may buy them that.

The issue is whether a shift in the political sands will bury the pyramid of support that they need for that to happen. One thing is certain: the Trump administration has already begun digging its defences.

I have been fortunate enough to receive regular reports from the 42 Group, a defence and security-focused collection of youngish people whose purpose is to provide independent strategic analysis to policy makers and the NZ public. Their work is very good.

I asked the person who sends me their reports if it was Ok to republish the latest report here. He agreed, so here it is.

Media Link: “A View from Afar” episode five.

datePosted on 16:25, August 20th, 2020 by Pablo

In this week’s podcast Selwyn Manning and I discuss the geopolitical backdrop to the Israel/UAE peace treaty, developments in Belarus, the Democratic Convention in the US and “Trumpianism” as a global political phenomenon. The link is here.

An indictment by another name.

datePosted on 16:11, August 5th, 2020 by Pablo

After I noticed that my name had been taken yet again in vain by my friendly antagonist Tom Hunter over at No Minister, I went over to see what the fuss was about. Nothing much, but then I discovered a post about the Operation Burnham Inquiry by Psycho Milt. I made a comment (now several comments) in response, then decided to edit the original comment, add a few things and make it a short post here that outlines what to me is the bottom line of that report. Here it is:

As the old saying goes, “the original sin was bad, but the cover up was worse.” Had the NZDF simply come out after the 2010 engagement and said that there were civilian casualties resultant from the “fog of war” in a nighttime SAS operation designed to kill or capture people responsible for attacks on NZDF patrols in Bamiyan that resulted in several NZDF deaths, I bet that the majority of the NZ public would have accepted that war sucks and bad things inadvertently happen. Then, when Jon Stephenson’s first story on Operation Burnham came out it would not have caused such a stir because there would not have been a glaring gap between his account and that of the NZDF (Nicky Hagar got involved later and took primary credit for the book “Hit and Run” although most of it was researched and written by Stephenson–-Hagar never set foot in Afghanistan).

Although the Royal Commission (RC) sugar-coated it, the report is absolutely damning of the SAS and Army leaders of the time (and not the troops on the ground that night, although issues regarding the TAC (Tactical Air Controller) and SAS mission commander’s understanding of the Rules of Engagement (ROE) were not addressed in the public version of the report). The testimony of several officers taken under oath was labeled as not credible by the Commissioners. The RC Report states that no institutional cover-up was at play, but that is laughable in light of what it says about the testimony of most of the senior officials involved. In other words, this was an institutional cover-up by another name, and the name given to the process instead of coverup or whitewash was shoddy records-keeping and miscommunication on top of bad memories. This pushes the onus of responsibility onto individuals rather than the military as an institution. And for those individuals, I guess “incompetent” is a better mark on one’s service record than “liar.”

How those records were lost or mislaid, and whether those bad memories were a product of in-group cohesion or contempt for the process is a matter of conjecture. What is not is that civilians were killed and at least one suspect handed over to Afghan forces to be tortured, both breaches that under international law must be investigated. What is now known is that the possibility of casualties and the transfer of a Taliban suspect to ADF units known for torture was known immediately by the NZDF chain of command and NZ intelligence services attached to them, yet until late in the Inquiry, the NZDF admitted to neither. There is much more by way of deceitful and devious NZDF behaviour, but let’s just come out and say that uniformed officers lied to their civilian superiors for years after the operation and then some lied under oath at the Inquiry. The National government at the time Operation Burnham took place and in the years immediately afterwards may not have wanted to hear the truth in any event and so accepted what they were (not) told by the NZDF brass at face value, but the RC was keen to hear the unvarnished details.

It took them several years and $NZ 7 million of taxpayer money to find out. It remains to be seen what the Labour government will do with the RC Report’s findings and recommendations, but one thing is certain: it going to wait until well after the election to do anything. And there is one other irony in all of this. At the same time that the NZDF was engaged in its campaign of obfuscation and deflection regarding the events of 2010, Transparency International gave it very hight marks for command integrity, transparency and accountability. These marks were the average of scores provided by a select group of specifically chosen “experts” on defense and security. I know because I was one of them and I pointedly gave low marks when it came to exactly these three criteria, so can only assume that my scores were discounted when calculating the overall average. But who gave them such high across-the-board scores if it mine were not included, and what were they thinking?

In any event I urge readers to read Chapters 2 and 12 of the Report, which address issues of civilian control of the military and ministerial accountability to Parliament in a Westminster-style democracy. The RC found that the actions of the NZDF leadership (specifically, misleading, stonewalling, whitewashing and misrepresenting what happened to the civilian political leadership and ministers of the day) wilfully undermined both fundamental democratic principles.

Everything else is gloss.

I do not expect that much will change given the delicacy of the report’s language and the fact that all of those responsible for the worst offences are retired (one only resigned three months ago when the draft report came out and his statements were found to be particularly unbelievable to the point of possible perjury). But it is now on official record that the NZDF has a culture of playing loose with the truth and disrespect for the constitutional principles underpinning its role in society. If implemented, perhaps the recommendation to create an independent Inspector General of Defense may help refocus NZDF attention on those principles. We shall see.

No matter what one may think of Hagar and Stephenson, in the end, minor errors and some hyperbole aside, they were vindicated. That is evident in the Report, which states that the book “Hit and Run” performed a valuable public service by exposing some ugly truths about how the NZDF operates, not so much in the field (although there were some issues identified there as well), but in its interaction with the political class and the larger society which it ostensibly serves.

That is the bottom line.

Hosted by Selwyn Manning and EveningReport.nz, ” A View from Afar” is a podcast series dedicated to exploring current affairs, international relations, political events and military-security issues from somewhat uncommon angles. In this first episode we continue the coverage of the Portland protests first offered on these pages. The conversation can be found here or here.

A turn to darkness.

datePosted on 16:25, July 19th, 2020 by Pablo

US federal agents (FPS, ICE, DEA, TSA and Customs and Border Patrol (CBP)) in camouflage uniforms without identification and carrying military weapons, serving under the direction of the Department of Homeland Security by authority of an Executive Order issued by the president, are detaining and removing unarmed and non-violent protestors from Portland streets in unmarked vans. This includes detaining and removing people well away from federal property and protest locations, which is ostensibly the reason for their deputisation and deployment. DHS says it will not only continue to use these agents in Portland but expand their use in other (Democratic governed) cities and states.

The legal justification for this unprecedented move is that the Federal Protective Service (FPS) is responsible for protecting federal property such as court houses, post offices, local branches of federal agencies (say, US Park Service) and even monuments. It can request support from other federal security agencies when needed. The US Drug Enforcement Agency (DEA) has nation-wide jurisdiction. CBP has jurisdiction within 100 miles of any border, and Portland is located approximately 80 miles from the Pacific coast. The US Immigration and Customs Enforcement agency also has nation-wide jurisdiction. The Transportation Security Administration has nation-wide jurisdiction at transportation hubs. CBP and ICE are notorious for harbouring zealous MAGA partisans in their ranks, and the federal forces deployed to Portland are not indigenous to Oregon, so are, in their minds, operating in an “alien” hostile environment. Under the Executive Order, ICE, DEA, TSA and CBP are operating in support of the FPS in Portland. The DHS is the parent department for all of these agencies, and maintains that although the armed officers and the vehicles they are using in their operations lack overt forms of identification, they have discrete identifiers that satisfy legal requirements.

Although the Oregon governor and Portland mayor object to the deployment of federal agents in this capacity, they have no power under federal or state to stop it. What this amounts to is a federal takeover of local law enforcement duties without the agreement of the duly constituted authorities of the jurisdiction in which federal forces are deployed, and without the majority consent of the people who live in that jurisdiction.

For those of us who remember the Argentine “dirty war” and the role of unidentified men in unmarked Ford Falcons in the “disappearance” (desaparicion) of thousands of people, this is a chilling and sinister development. It is particularly so because unlike Argentina there are no armed guerrilla groups seriously challenging government authority in Portland or elsewhere, especially from the Left. For all the rightwing talk of Antifa being a threat, they are neither heavily armed or organised as effective guerrilla fighting units. Instead, what irregular militias exist in the US today are predominately rightwing supporters of the president and his political project who reject government authority because it is ostensibly part of the “Deep State” and who have histories of violence in support of their beliefs.

Here there is another parallel with the Argentine “dirty war.” In the years leading up and then during the early days of the dictatorship that came to be known as the “Process” (Proceso), rightwing death squads roamed the country with impunity, targeting “subversives” and other “undesirables” with murderous vigilante justice. The death squads were both a complement to and a justification for the official repression meted out by the unidentified men in Ford Falcons, whose uniforms were grey suits and black ties. After all, with murderous bands of unidentified armed men stalking the streets, the State needed to step in to restore order.

In Portland and elsewhere in the Pacific Northwest there is a very active alt-Right/white supremacist community that is armed and has a history of street level violence. They are particularly active in Portland, and are widely believed to have sympathisers within the Portland police, who in turn have shown a disturbing propensity to resort to violent crowd control methods even when confronted wth peaceful protests. Now, the Portland police and these rightwing militias have a third arm in the guise of the unidentifiable federal security forces being deployed in that city. The federal forces and Portland police may have different legal status than the rightwing extremists, but their objectives vis a vis BLM and other peaceful protests are the same: brute intimidation and suppression by force.

Put in broader terms, the rule of law is disappearing in parts of the US because, although they cloak themselves in a legal mantle, those who enforce the law no longer believe in it and prefer to ally with violent non-state groups who share a similar ideological agenda. That mindset is now evident at the federal level.

A tipping point is rapidly approaching.

On democratic rights and responsibilities.

datePosted on 12:57, July 18th, 2020 by Pablo

The sight of MAGA morons holding anti-mask rallies and generally freaking out because they believe that their freedom is being curtailed by private and public entities demanding that masks be worn as a preventative to contagion from Covid-19 got me to wondering if those people truly understand what so-called democratic freedoms entail. It seems that the stupid is strong in the US–not just in the White House–and people simply confuse convenience or personal interest for “freedom.” Similarly, there are those in NZ who refused to accept the rules and regulations of the pandemic lockdown and complained that they too were being “oppressed” by a “totalitarian” police state. Not surprisingly, most of these people are on the right side of the political spectrum, where sophomoric interpretations of Ann Rand-style libertarianism overlap with alt-Right ethno-nationalism and other aberrations posing as political ideologies.

Given that I spent a long academic career reading and writing about both the theoretical and practical aspects of democracy and democratisation in previously authoritarian states, and worked in the security bureaucracy of a major democratic state, let me try to deconstruct into a simple primer what democracy really means when it comes to “freedom.”

Democracy as a social and political form can be seen as a two by two box with four cells. On one axis there are rights, which are individual and collective. On the other axis are responsibilities, which are also individual and collective. Rights can be formally enunciated and codified in Constitutions and a Bill of Rights but they can also be a matter of custom, usage and social norms that are are enshrined in civil law. Conversely, in some democracies such as those that use Roman Law systems, responsibilities are codified and rights are assumed: the law specifies what cannot be done rather than what can be done, with the latter being anything otherwise not prohibited.

What rights are conferred bring with them responsibilities when they are exercised. Take for example speech. An individual has the right to freely voice an opinion, but only so long as it does not cause injury to others. Yelling “fire!” in a crowded theater may seem funny to some, but disregards the responsibility to consider the context in which the yelling occurs. Likewise, hurling racist insults and threats may be part of everyday discourse for white supremacists hanging out in their trailer parks, but it is quite another thing for them to be directed towards people of color on the street. In both instances, the exercise of an individual right violates the responsibility to do no harm to others.

The balance between individual rights and responsibilities is crystallised in the act of driving a motor vehicle. People have a right to freedom of movement in democracies. But they do not have a right to drive a car. That is a licensed responsibility that entails learning rules and regulations, physical, practical and intellectual testing, and then behaving as responsible members of society when operating potentially lethal conveyances. Should they not, then the privilege of driving is curtailed or removed. The right to freedom of movement remains, but just not in a certain way.

Likewise, there are collective rights that are considered sacrosanct in democracies, be it of assembly, organization, or representation. Those also come with the responsibility to exercise those rights in way that do not injure or impede others from doing likewise. Peaceful protest against police brutality and systemic racism is one thing; a Klan or boogaloo boys rally is quite another. Forming unions, business associations and political parties is (theoretically) a democratic collective right. Forming irregular armed groups for the purposes of intimidation or insurrection is not.

As with individuals who in the exercise of their self-defined rights do harm to others, collective violence is a breach of peace, and social peace is what civilised societies are founded on. In some societies social peace is imposed by authoritarian measures (which can result in mass collective violence against unjust rule). In democracies it is achieved by voluntary adhesion to individual and collective notions of rights and responsibilities, which presumably avoids the need to take up arms against oppressive government.

That is the difference between rule by consent and rule by acquiescence: one is given voluntarily while the other is given under duress. The consent that underpins democratic societies is double-sided. It is consent to exercise rights and responsibilities, not one or the other.

That may no longer hold true.

It appears that, encouraged and supported by the proliferation of rightwing media, many have lost sight of the responsibility and collective sides of the democratic equation. Now, everything is about individual rights and nothing about individual or collective responsibilities. The erosion of the responsibility side of the democratic equation can be traced to the advent of what has come to be known as neoliberalism. Neoliberalism originated as an economic theory that posited that finance capital was the best allocator of resources in a society and hence needed to be unencumbered by laws and restrictions that impeded finance capitalists from operating in unfettered fashion. It morphed into a public policy approach–codified in the so-called “Washington Consensus”–that was based on the privatisation of public assets and the withdrawal of the State from its economic macro-manager role in society. The downsizing of the State as a physical and regulatory entity created space for “entrepreneurs,” who in turn carried the values of “free” enterprise and competition into society and resulted in emulative behaviour on the part of others. This led to the ideological expansion of neoliberalism as a social construct, where it is no longer confined to the economic realm but extends into conceptualisations of the proper social order and the role of individuals within it.

The result, to coin a phrase, is a form of hyper-individualism that on the one hand is manifest in survivalist alienation and on the other in predatory and cowboy capitalist practices in which enrichment and greed are considered attributes rather than vices. Solidarity is for suckers, and society prospers because the uncoordinated and unrestricted pursuit of freedom and profit by self-interested maximisers of opportunities, be they individuals, firms or collectivities, is believed to act as the invisible hand of the market in modern times. Or so they say.

Even though the practical benefits of neoliberal thought have proven mixed at best and much of its theoretical foundations repudiated, its impact on non-economic aspects of social life remain strong and wide-spread. With the megaphoning of its hyper-individualistic ethos in rightwing corporate and social media, it is a major reason why the notion of democratic responsibilities both individual and collective has been superseded by the exaltation of individual rights. In a sense, this is the lumpenproletarianisation of the democratic world.

There is more.

Given human nature, people are more inclined to prioritise their rights over their responsibilities. Different forms of democracy have been in part defined by the emphasis that they place on individual and collective rights. Liberal democracies put a premium on individual rights. Social democracies put a premium on collective rights. In all democracies the law primarily focuses on enforcing responsibilities of both types. Laws codify responsibilities down to minute detail and enumerate the penalties for failing to adhere or discharge them. To be clear: laws are inherently coercive, as they detail what is and is not permitted and use penalties and disincentives to enforce compliance. Although rights are recognised within the law, it is responsibility that laws are directed at because failure to be responsible as a member of society and a polity has deleterious effects on social order. Even so, there is a difference. Civil law includes various aspects of democratic rights, for example, property rights, along with its enforcement of responsibilities. Criminal law addresses transgressions of basic responsibility, both individual and collective, with the notion of rights being limited to those that strictly apply to suspects, defendants and those convicted and sentenced.

Enforcing individual and collective responsibility has long been the mainstay of democratic security policy. The police exist in to guard against individual and collective transgressions against individual and collective rights. That is, repressive state apparatuses (to put it in Althusserian terms) not only enforce the broad overall ideological project that is democracy as a social construct, but also punish those who challenge the responsibilities inherent in that project. For that to happen, the elected representatives of a democratic polity and the public bureaucracies that serve under them must agree and commit to enforcing responsibility as well as protecting rights. In other words, there must be an ideological consensus on the limits of rights and the extent of responsibilities in a democratic society.

The consensus on enforcing responsibility has eroded amongst the political class due to the same reasons that have undermined the balance between rights and responsibilities in society as a whole. That has allowed the expansion of what is considered to be an inherent “right” at the expense of what is a democratic responsibility. The arguments about “free” versus “hate” speech illustrate the erosion. The (mostly rightwing) contemporary champions of “free” speech believe that they can say anything, anywhere without concern for context or consequence. They reject the notion that the right to speak freely includes the burden of doing so responsibly. They do not care about causing offence or injury to others and complain when laws restrict their ability to do so.

This is symptomatic of the larger problem. Freedom is now equated in many circles as unfettered exercise of individual rights. Anything that constrains freedom so defined is considered an infringement on natural, God-given or universal rights, even if in fact the notion of democratic rights is a human construct that is materially and intellectual grounded in specific historical moments in time and place. In the US in 1776, democratic rights were reserved for white slave and land owning men, yet today the concept has been widened to include others (well, in theory anyway). In other words, there is nothing immutable about the notion of rights. They are a product of their times, as is the notion of what it is to be a responsible member of a democratic society.

Unfortunately responsibilities have become the unwanted stepchild in post-modern democratic societies. The erosion of notions of collective solidarity and death of empathy under the weight of ideological hyper-individualism have resulted in what might be called the “atomisation” of democracy where responsibilities are to oneself and chosen in-groups and rights are whatever one says they are.

Given the prevalence of neoliberalism as an ideological underpinning of many post-modern democratic societies, it will be difficult to reverse thirty years (and a generation) of its inculcation in the social fabric. Restoring the balance between democratic rights and responsibilities therefore entails a new form of counter-hegemonic project that works to promote the idea that “freedom” is as much a product of individual an collective responsibility as it is the exercise of individual and collective rights. The success of such a project will only occur when not only is neoliberalism replaced, but when the new ideological consciousness is internalised to the point of inter-generational self-reproduction. That is a tall order.

That does not mean that it cannot be done. Given the compound failures of governance and international economics in the lead up and responses to the spread of the Coronavirus pandemic, the post-pandemic world offers the opportunity to redefine basic notions of democratic citizenship. Unlike classic notions of counter-hegemonic projects, which always emanate from the grassroots and which are based on opposition to an elite-centric hegemonic status quo, the re-definition of democracy as a balance between rights and responsibilities can include enlightened government working from the top down. This can occur as part of a public education campaign and can be incorporated into school curricula that also emphasises sustainable development along with traditional “civics” notions of equality and fair play.

In fact, the re-valuation of responsibilities as well as rights and re-equilibration of the balance between them can easily piggy back on traditional notions of fairness and burden-sharing in pursuit of social peace. Neoliberalism is hierarchical at its core and therefore antithetical to the ideological myth of equality in democratic societies. A counter-hegemonic narrative based on a return to principles of equality and fairness embedded in the balance between rights and responsibilities would therefore seem to be a more natural “fit” for mature democratic systems.

If that is true, then its time is now.

No right to know.

datePosted on 13:01, June 30th, 2020 by Pablo

When the Christchurch murderer pleaded guilty to 51 counts of murder and a number of other violent assault charges a few months ago, he effectively closed the door on what the public will know about the lead up to and commission of the event. His plea means that no evidence will be presented in court; that no witness testimony and cross-examinations under oath will happen; that no documentation will be entered into the official record; that no officials will be sworn in and questioned. We will not hear from the killer himself, not will we see senior security officials explain how his murderous plans were not detected and disrupted. Even so, the Crown did not reject the plea. That may have been convenient from the Crown’s point of view, but on the larger issue of finding out what actually happened, the NZ public apparently has no right to know.

This undoubtably suits the NZ Police and perhaps the NZSIS and GCSB (although it is likely that what failures may have occurred were in the real of human intelligence collection rather than with signals intelligence, since the latter would need to be tasked by the former to undertake domestic intercepts and the like). Now they will not have to explain whether there were systemic, institutional and something more than individual failures in the lead up to the attacks. We will never know if they had an institutional bias that blinded them to the dangers posed by violent white extremists, or whether they were aware that white extremisms posed an increasing danger to NZ society or some of its communities but decided not to act to preempt the threat because of other priorities (say, a focus on white gang drug dealing and the use of skinhead informants to that end). They may not have to explain whether they were aware (if true) that the killer had accomplices and enablers who helped him on his path. They will not have to answer as to why they ignored repeated complaints and pleas by the NZ Muslim community to do something about the ongoing and often intimidatory harassment to which many of them were subjected in the wake of 9/11. They will not have to justify why they devoted so many resources to monitoring jihadist sympathisers when in the end no Muslim has ever been charged with, much less convicted of, committing an ideologically-motivated act of collective violence in NZ both before and after 9/11.

Instead, two individuals have been convicted and sentenced to jail terms for possessing and trying to distributed offensive materials in the form of beheading videos, there are a few dozen who have ranted on social media to the point that they have caught the attention of the security services, and there are a small group who have left to join jihadists in the Middle East, some of whom will not be coming back because they are no longer of this Earth. But that is the extent of the Islamicist threat even though much money and resources were poured into the anti-jihadist effort and numerous law changes (Terrorism Suppression Act, Search and Surveillance Act, Intelligence and Security Act) were enacted to give security authorities more powers and leeway in combating them. Now we will never know why some of those resources were not directed into detecting and preventing white extremist attacks even though the NZ racist community was very visible, well-known to be violent and increasingly connected to foreign white supremacist groups via social media. Why were they not on the security services’ radar scope? Or were they?

The Police have admitted that the arms license vetting process to which the killer was subjected was deficient. Beyond confirming the obvious, this also is a classic example of scapegoating the lowest people in the chain of command. The Police also agree that the gun laws prior to March 15 were too lax, but that was a matter for parliament to resolve. When taken together with the guilty plea, what we have here is the makings of an absolution of higher level security service incompetence, negligence, maladministration and bias as contributing factors in the perpetration of the mosque attacks.

It has been announced that the Royal Commission of Inquiry has interviewed the killer. That may elicit some new information from him about his motives and planning, but it appears to be more of a courtesy to the defendant than a genuine fact-finding effort. After all, the Royal Commission should be able to have access to all of the Crown evidence by now. It has interviewed dozens of people (including myself) and supposedly has access to a trove of government documentation relevant to the case.

But therein lies the rub. The terms of reference of the Royal Commission are broad but its powers are limited. It has no powers of compulsion under oath, that is, it cannot demand that sworn witnesses appear before it (all of those who talk with the Commission due so voluntarily as “interviewees”). It cannot order the release of classified material to the commissioners; instead, it is dependent on the goodwill of the very agencies it is supposed to be investigating to provide such documents. It cannot identify any official that is mentioned in the course of the inquiry. It has no sanction powers. In truth, the Royal Commission is toothless.

I hope that I am wrong and that it will be able to answer many of the questions posed above because it has secured full voluntary cooperation from the security agencies that failed to detect and prevent the massacres. I hope that it is able to offer recommendations about review and reform of procedures, protocols and processes governing approaches to the NZ threat environment, including about the priority hierarchy given to potential, possible and imminent threats of any nature (for example, the relative priority given to gang criminality versus potentially violent political activism). It might even call for a major shake-up of the way in which Police and other intelligence agencies approach the issue of domestic terrorism. But that is just speculation, and may be no more than wishful thinking on my part.

One can only hope that in exchange for the guilty plea, the Crown and Police got something in return from the killer. Perhaps there was a quid pro quo involved whereby he offered information to the authorities that they otherwise could not obtain in exchange for better conditions in jail, sentence reduction, possibility of parole, etc. I am not familiar with the legal intricacies behind guilty pleas but I doubt that the murderer decided to do so out of the kindness of his heart, to spare the victim’s relatives further grief or to save the NZ taxpayer the costs of a trial. To my mind there had to be something in it for him.

In any event, the people who benefitted the most from the guilty plea are the NZ Police and intelligence agencies. They will not be held to account in a court of law, and instead can define the terms of the narrative constructed in the Royal Commission report so that it downplays or exonerates command and cultural failures while blaming lower level individuals, lack of resources, heavy workloads and other extraneous matters for the failure to prevent NZ’s worst act of terrorism.

Rather than a moment of honest reckoning, we could well get a whitewash.

That is not good enough.

PS: In the wake of commentators disputing some of has been said above, I have attached the Terms of Reference (with Schedule) and following minutes: Minute 1, Minute 2, Minute 3.

The military is no quarantine panacea.

datePosted on 13:47, June 18th, 2020 by Pablo

A word of caution: the military is not a quarantine panacea.

At least 60 NZDF personnel have been on quarantine patrol duties since April 1, and yet breaches of the restrictions on physical contact occurred. What is more, the NZDF presumably has its own testing regime in place (for its personnel, primarily–there were at least 7 NZDF cases reported by April–but also as part of the overall quarantine testing regime) and yet no NZDF tests were administered at quarantine sites as far as I can tell. In addition, the NZDF record on transparency is poor. It has a record of coverups and whitewashes (e.g Operation Burnham). So yes, it has the legal authority (under the Epidemic Notice and National Transition Period legislation, which invoke assistance clauses in the Defense Act and/or Section 66 of the Civil Defense Emergency Management Act ) and logistical capacity to improve quarantine restriction enforcement, but it is an open question as to whether it will perform better or report honestly on its mission given its track record. It is folly to simply punt the task of enforcing the quarantine to the NZDF and expect things to automatically get better.

There also seems to be more to the move than meets the eye. In retrospect, it now seems plausible that the Navy crowd control exercise undertaken last week was oriented towards more than overseas deployments (as should be expected and as I had suggested earlier) and raises the possibility that the government knew that things were amiss in the quarantine regime well before the breaches were made public, and yet suppressed that information. There is much to unpack here.

Let’s leave aside what the Health Ministry may or may not have known about quarantine breaches, where in the chain of command did the failures to effectively enforce the quarantine restrictions occur, who made compassionate exemptions without testing, and why anyone in a position of authority would cover up the possibility that a lethal disease had escaped isolation. Instead, given that the quarantine regime is now under military control, questions should be asked as to why that step was needed. For example, why are the police not being used to enforce these quarantine restrictions on freedom of movement of NZ citizens, residents and visitors? Are they understaffed?

This is what the government says that the new quarantine boss, Assistant Defense Force Chief Air Commodore Darren “Digby” Webb, will undertake and what his powers include. First, a”start-to-finish audit” of the existing systems and written protocols at the border. To do so he will have access to the country’s military logistics and operational expertise. Then, if required, he can bring in military personnel to help run the facilities, and make any changes to further strengthen border defences. That is quite a broad mandate.

It also raises more questions. First, Air Commodore Webb replaced former Police Commissioner Mike Bush a few weeks ago as quarantine czar and was in charge when two women who later tested positive for CV-19 were granted leave from quarantine without being tested. Will granting him more authority improve his decision-making or was he hamstrung from the start by MoH officialdom and/or protocols? Second, if 60 NZDF personnel could not stop breaches of the quarantine regime, how many more will be needed to do so? Third, what is Air Commodore Webb’s relationship vis a vis the Health Minister and Director General of Health in light of the above? Can he pull rank on them or is he, and his handling of the health cordon, bound by civilian Human Resources regulations and other non-military protocols when it comes to non-military personnel under his control and supervision? Fourth, even with emergency legislation enabling the deputisation of the military in this instance, is the military bound by the Human Rights Act and other provisions protecting the rights of those detained, or are those quarantined to fall under military law or a mix of military and civilian law under the emergency powers conferred to it?

Normally, when the military is assigned a mission, it develops in advance of deployment an operational plan that includes specific targets and objectives, then marshals resources, prepares logistics, musters personnel, and stages in wait of the order to proceed. In this instance none of that appears to have happened other than the Navy crowd control exercise (if indeed that had a quarantine-related aspect). Instead, Air Commodore Webb will undertake a “comprehensive” audit of quarantine protocols and procedures. Given that he has been on the job for a while, it is surprising that that review did not begin immediately after he replaced former Commissioner Bush. It also means that any military response is still in the making unless planning and preparations have been done unannounced and unnoticed.

There may be simple answers to these questions that clarify the chain of command and rules of engagement in the revamped quarantine regime, and I welcome any clarifications to that effect.

I shall ignore the sideline whinging and bleating coming from the opposition and rightwing commentators. This was the crowd that after initially welcoming the “go early, go hard” approach to the pandemic, started to yelp about lifting the lockdown and re-opening the economy by the end of April. The fools includes university charlatans like the Auckland University VC, who initially claimed that prohibitions on returning students from China were due to “racism,” and more recently cried economic dependence on foreign tuition as an excuse to let them back in, only to have China now enveloped in a second wave of infections–including in the capital city. This, from a guy who is supposedly the leader of a university from which many of the epidemiologists who advise the government come from! Perhaps he should take his golden parachute, fade back into the vapour and leave authoritative talking to others.

Having said that, we cannot dismiss the fact that the two ladies who were allowed out of quarantine on compassionate grounds may be the tip of an infectious iceberg. Something went wrong and it is possible that several people were involved and errors were made throughout the Health Ministry hierarchy that contributed to it. That needs addressing and remedying. Responsibility must be assumed, and if merited disciplinary action must be taken. One easy step would be to offer the resignation of the hapless Health Minister as a sop to the braying Opposition donkeys while moving someone competent into the role (admitting that David Parker may be still in his job because he is instrumental in the DHB re-structuring project).

Whatever the case, it is not entirely clear that a knee jerk move to “bring in the military” is going to rectify whatever went wrong. It might, but the specific ways in which having uniforms lead and run the quarantine regime are a matter of observable action, not blind faith.

1234... 212223PreviousNext