Archive for ‘Politics’ Category

As the gun smoke clears, the Right run for cover.

datePosted on 16:13, January 10th, 2011 by Pablo

As someone who once lived in the area of Tucson where the politically motivated shooting of US Representative Gabrielle Giffords and 19 others occurred, I have something of a personal connection to the event. I shopped in the strip mall where the attack took place and still have friends in Tucson who I visit when possible. Were I still living at my last address there,  Giffords would have been my Representative. I am well aware of Arizona political culture and the issues that divide it, and know something about its gun laws as well. Thus I am not surprised one iota that an assassination attempt on a “liberal” Democrat would happen in Arizona, although it is somewhat surprising that it happened in Tucson, which is a liberal college town oasis in an otherwise vast political landscape of new and old right-wing conservatism.

Unsurprisingly, as soon as news of the shootings hit the airwaves left-leaning commentators blamed right-wingers for inciting the killer while GOP leaders, Tea Party representatives and the populist demagogues in the media all moved quickly to put distance between themselves and the gunman even though the latter professed beliefs that were very much in concert with the thrust of the Tea Party message as well as those of earlier conservative fringe movements. In fact, some in the rightwing media suggested that the Left has its own violent extremists so the table is balanced on that score.

To which I ask: when was the last time a Left activist in the US attempted to kill a politician? Lee Harvey Oswald was less a committed Stalinist during his time in the USSR and more of a social outcast looking for a belief system to cling to (I shall defer from bringing in Mafia-related and other conspiracy theories at this point). John Hinkley’s attack on Ronald Reagan does not count as he was motivated by the demons in his head, and the attacks on Gerald Ford by members of Charles Manson’s gang in the mid-1970s were equally devoid of political content. But as recently as 2009 a right wing extremist, apparently egged on by the commentary of talkshow rabble rousers, killed abortionist George Tiller outside his church. This has followed a series of attacks carried out by right wing militants that include the Oklahoma City bombing and repeated attacks across the country on abortion clinics. Minutemen and other self-professed right wing militias have demonstrated a penchant for violence against others. The Unibomber was motivated by a mix of left and right views. Islamicists operate according to a profoundly conservative belief system. Anti-Castro Cuban nationalists have committed acts of domestic and international terrorism (including the bombing of a Cuban airliner) in pursuit of their conservative goals.

In contrast, Earth First! and the Animal Liberation Front have lefty ideals and destroy property but do not kill people. Anti-trade protestors and anarchists have run riot in Seattle and DC but mostly gotten (some might say well-deserved) police beatings and tear gassed for their efforts. Puerto Rican nationalists have disrupted Congress and planted bombs but killed no one. Thus it would seem that contrary to the claim that the US Left has its fair share of murderous extremists, not since the days of the SLA, Weatherman and Black Panthers has there been a deadly attack carried out by Left militants on political targets. During that same time period, in contrast, the right wing fringe has claimed dozens of victims, of which those in Tucson are the latest. Truth be told, this is only the latest in a long history of right wing assassination attempts on “liberal” political targets that are seen as “communists,” “socialists,” Trilateral Commission and World Government surrender monkeys, atheists or some unholy combination of all of the above. Just as the John Birch Society had its fair share of armed extremists, so now it appears that modern US conservative movements attract a similar element to their ranks. 

To put a not-so-fine point on it: be it as lone wolves or as part of a criminal conspiracy, it is the fringes of the US Right where most political violence comes from. Even if in most cases the extremists involved exhibited signs of mental illness (as in this case), in the modern US it is right-wing militants who disproportionately get murderous. That could be due to the lack of appeal for calls for working class “revolution” in a country founded on the sanctity of individual liberties and property rights, but one would think that would make Leftist militants more rather than less prone to violence against those political figures that attract their ire. Instead, it is the reverse.

Rather than debate the question of how complicit, implicitly or explicitly, the Tea Party, GOP, Sarah Palin and conservative media have been in the Tucson attack, let me offer a simple formula that outlines the context in which it occurred (and will occur again). Note that this “formula” is exclusive to the US but can be altered, mutatis mutandis,  to apply to other countries as well:

Loose gun control laws+availability of semi-automatic weapons+polarised politics+venomous hate mongering political rhetoric in media and in election campaigns+rapid demographic change+economic crisis+ eroding social cohesion and solidarity+deranged or otherwise sociopathic personality disorders+precipitating event (personal or political)=likelihood of an armed attack on a perceived “traitor” by someone espousing militant ideological views.

In the contemporary US, this formula suggests that the attack in Tucson is neither unique or a once-off, and in fact points to a condition of ongoing anomie that barring a major change in both the structural and superstructural causal factors listed above, will lead to more such events in the near to medium future. Rather than the content of any one ideology or creed, it is the combination of factors that makes for the murderous enemy within, and no amount of blame-fixing and scapegoating of “foreign” beliefs detract from that fundamental fact.

PS: for those interested in a more immediate look at the tragedy, take a gander at my old home town newspaper: http://azstarnet.com/

UPDATE: As if on cue a NZ version of the unhinged reactionary chickenhawk faction weighs in, with a link to this post: http://truebluenz.wordpress.com/2011/01/11/it-is-not-about-loughner-or-palin-its-about-the-republic/

Priceless.

Justice delayed, now denied.

datePosted on 18:02, December 31st, 2010 by Pablo

Rather than ring out the old year and ring in the new year with the usual inane rubbish about new beginnings and fresh starts, annual lists, countdowns etc., how about we use the occasion for a reality check, in this case a reality check on the state of the NZ judiciary using one very important case.

On October 15, 2007 a number of individuals were arrested on a variety of charges, including planning terrorist attacks. Others were arrested later, and collectively they have come to be known as the Urewera 18. On May 30, 2011, three and half years after they were arrested, the majority of these defendants will finally go to trial (three defendants will be tried separately).  Not only is the delay largely a result of the Police and Crown trying to introduce new charges after the fact and argue for the admissibility of evidence obtained under the Terrorism Suppression Act that was ultimately not invoked against the accused. Now, in a decision which has had its reasoning suppressed by the court, the Urewera 15 have been ordered to have a trial by judge. You read correctly: not only have they been denied  the right to a prompt trial but are now denied a jury of their peers. To that can be added holding the trial in Auckland when most of the defendants live elsewhere and their purported crimes were committed outside of Auckland.

Between the delays, venue and judge-only trial, the Crown and judiciary is engaging in a blood-letting exercise designed to drain the defendants materially and emotionally long before they enter the courtroom on May 30. Arguing under section 12 that the case is too complex, with too many defendants, with too many side-issues and matters of procedure to be considered adequately by a panel of laymen and women is an insult to the NZ public as well as a thinly veiled attempt at juridically saving face in a case that was over-ambitious, politically-motivated and legally flawed from inception.

This is further evidence of the ingrained authoritarianism and lack of accountability rampant in the judicial system. Judges act as if they are above the laws they are supposed to uphold. The Crown vindictively prosecutes cases without regard to their merits or costs because political interests are at play (remember that the NZ wikileaks cables show NZ government officials telling the US embassy in Wellington that theZaoui case was not winnable–then saw the Crown go ahead for another two years arguing for Zaoui’s incarceration or expulsion until the SIS finally dropped the pretext that he was a threat to national security). Elites are given name suppression for the flimsiest of reasons and judges protect their own when these transgress. This is exactly the sort of judicial attitude in dictatorships.

And yet, it is the attitude in NZ as well. Meanwhile, not a single mainstream media outlet has raised the subject of the long delayed and now jury-denied Urewera trial since the decision on the latter was announced in early December. Not a single right-wing blog has raised the obvious civil liberties and rule of law implications of the case. The Left commentariat has been largely silent as well, with the notable exceptions of Idiot Savant and Russell Brown.

Why is this? Is this silence a result of the fact that the accused are an ideological minority that are easy to scapegoat and persecute? If so, that is exactly the reason why the full spectrum of democratic commentators should be protesting the case: in a democracy it is not mainstream, “normal,” “nice guys” who deserve the most legal protection and rights of redress. It is the ideologically suspect, reprehensible, marginalised, ostracized or otherwise outcast who deserve the full protections of law precisely because they are at the mercy of the majority–a majority that is often ill-informed or manipulated by authorities when it comes to evaluating the merits of any given case against anti-status quo political activists. The majority may rule, but free, fair and impartial trials are the minority’s best bulwark against its tyranny.

That is another reason why a jury trial is deserved by the Urewera 15. A  jury, selected from the public mainstream, can listen to and observe the prosecution evidence and the defense against it in detail, first hand, then deliberate on the merits of each. That ensures that no judicial bias or hidden quid pro quos enter into the process. As things stand, the judge who hears the trial is vulnerable to such accusations, which is more the reason to bring an impartial jury into the process.

I am not entirely sympathetic to the causes being espoused by the Urewera 18. I do believe in their right to act militantly in defense of them subject to the penalties of  law should they act in ways that contravene criminal standards (as hard as it is to say, I extend this belief in the right to militant activism to neo-Nazis and skinheads as well so long as no harm to others results from it). Here I disagree with some distinguished Left commentators, who have seen something sinister in their activities and who believe that the political motivations of the defendants makes the case “special.”

I have already written at length on why politically-motivated crimes should not be treated as a special category so will not belabour it here. But I am sure that those who see sinister intent in the Urewera 18  will agree that the way this prosecution has gone is wrong on several levels. Even if the Urewera defendants are in fact complicit in something more than activist fantasy-ism and role-play, they deserve to be treated fairly according to the rule of law consistent with the foundational principles of a free society. Yet they have not, and nary a peep has been heard about that from those who should know better and who ostensibly are champions of the democratic ethos.

This attitude is shameful and should be repudiated by all fair minded people regardless of ideological persuasion.  The trial-by-judge decision must be appealed as a denial of due process and publicly repudiated by those who believe in the democratic ideal.

How’s that for some New Year’s resolutions?

Politics as the art of hypocrisy revealed (NZ style).

datePosted on 13:34, December 12th, 2010 by Pablo
It is said that politics is the art of hypocrisy and that diplomacy is the art of saying one thing when meaning another. The publication of US diplomatic correspondence between its embassy in Wellington and other US agencies in Washington and abroad (see distribution list below) show that the 5th Labour government was much more closely aligned with the US on security and intelligence matters than it let on in public, and that the push to improve ties with the US crossed the aisle in parliament but was deliberately not made public for domestic electoral purposes.
Rather than read what others have to say about the issue, I figured that it is best to just offer KP readers the opportunity to digest one particularly informative cable for themselves. It is long but well worth the effort reading, and comes courtesy of Selwyn Manning at Scoop, which also has the most in-depth analysis of the subject. Of course, by my publishing it and you reading it we have both apparently broken US laws governing classified information.
I wonder if that means that I will hear the words “cavity search” on my next trip to the US.
07WELLINGTON194
Date: 3/02/2007
98719,3/02/2007 4:55 AM,07WELLINGTON194,Embassy Wellington,SECRET//NOFORN,,VZCZCXRO2665OO RUEHPBDE RUEHWL #0194/01 0610455ZNY SSSSS ZZHO 020455Z MAR 07FM AMEMBASSY WELLINGTONTO RUEHC/SECSTATE WASHDC IMMEDIATE 3972INFO RUEHBY/AMEMBASSY CANBERRA IMMEDIATE 4773RUEHPF/AMEMBASSY PHNOM PENH IMMEDIATE 0043RUEHPB/AMEMBASSY PORT MORESBY IMMEDIATE 0637RUEHSV/AMEMBASSY SUVA IMMEDIATE 0573RHEHAAA/NATIONAL SECURITY COUNCIL WASHDC IMMEDIATERUEAIIA/CIA WASHINGTON DC IMMEDIATERUEKJCS/OSD WASHINGTON DC IMMEDIATERHHMUNA/CDR USPACOM HONOLULU HI IMMEDIATE,”S E C R E T SECTION 01 OF 04 WELLINGTON 000194 SIPDIS SIPDIS NOFORN STATE FOR EAP/FO AND EAP/ANP NSC FOR VICTOR CHA OSD FOR JESSICA POWERS PHNOM PENH FOR POL/MCKEAN E.O. 12958: DECL: 03/01/2017 TAGS: PREL, PGOV, NZ SUBJECT: PM CLARK GOES TO WASHINGTON Classified By: Charge D’Affaires David J. Keegan, for reasons 1.4 (b) and (d) 1. (C) Summary: Prime Minister Clark has announced to New Zealanders that she will use her March 20-21 visit to Washington to discuss key regional and world events with the President and other
Senior Officials. In reality, she has a broader agenda as well: to improve the tone of her dialogue with us and to send a message to the NZ electorate that cooperating with the U.S. is normal and advances New Zealand’s interests. Now in her third term in office, Clark has over the years developed a deeper understanding of the breadth and benefits of the US-New Zealand relationship. She recognizes that sound bites matter, and in response has begun to modulate her public statements to be more positive about the relationship. She also strenuously avoids saying anything critical about U.S. policy. Although a strengthened centrist domestic political opposition may motivate Clark to be more open to us, most of her efforts to improve bilateral cooperation have not been made public, indicating genuine commitment. Over the past year, she has quietly filled a number of key positions with officials who are well disposed towards the United States, and she and her Ministers now treat official meetings with us as opportunities to advance common agendas rather than either public relations coups or something to deny. The PM closely monitors and supports the “”Matrix”” process as well as deeper US-NZ cooperation in intelligence and other issues. She particularly appreciates our cooperation in the Pacific and Antarctica. End Summary. 2. (C) A micromanager, Clark will come to Washington extremely well briefed on the issues. She will likely suggest small but concrete ways to cooperate within the boundaries of the Presidential Directive, such as by regularizing our dialogue on scientific and Pacific Island issues. She will probably announce that New Zealand will extend its military deployments in Afghanistan through September 2009. Clark will not seek any dramatic changes to bilateral policy, which she recognizes would be more than either side’s system could bear. Nor will she make a heavy pitch for an FTA as she did during her 2002 visit, instead leaving that for Trade
Minister Goff’s trip to Washington later this year. 3. (C) We should use this visit to urge continued tangible commitments to the improving bilateral cooperation and NZ’s defense modernization. We should also elicit a greater willingness to publicize our successes where possible. Clark will be setting the pace for improving U.S.-New Zealand relations for the foreseeable future. This visit provides us an opportunity to encourage her to stay the course and to resist negative pressures from those in her party who prefer to keep us at arm’s length. ————————————– MOVING UP THE LEARNING CURVE: WE MATTER ————————————— 4. (C) With over seven years in office, Clark is now the longest serving Labour Prime Minister in New Zealand history. Although she has no clear successor and may run for an unprecedented fourth term, she is clearly already focused on her legacy. Arriving in office well to the left of the political spectrum, Clark began her tenure by stressing New Zealand’s role as a small but principled player favoring multilateral (ideally UN-based) solutions to the world’s problems. Since then, she has witnessed such events as 9/11, cooperation between NZDF and US troops in Afghanistan, and shortcomings of the UN system (such as its inability to react to the 2005 Tsunami). As a result, she has over time focused more on New Zealand’s role in the Pacific region and its relations with Australia and other bilateral allies. 5. (C) Through learning on the job, Clark has clearly developed a more sophisticated understanding of the breadth and importance of the US-New Zealand relationship. Her desire to improve relations with the Administration may be due in part to the influence of Foreign Minister Winston WELLINGTON 00000194 002 OF 004 Peters, but we see evidence that Clark herself wants to improve US-New Zealand ties. Contacts tell us she has especially valued our close cooperation following the coup
in Fiji, and during her recent meetings with PM Howard she praised EAP DAS Davies’ trip to the Solomons. The Ambassador reports that Clark is obviously impressed by our dedication to environmental protection and generous support for New Zealand activities in Antarctica, which she witnessed first hand during this year’s celebrations of USNZ cooperation on the ice. 6. (C/NF) Recognizing that her Government had initially resisted improving the U.S. relationship, Clark has since the 2005 election appointed to key positions a number of officials well disposed towards working with the United States. In addition to Foreign Minister Winston Peters (arguably a marriage of convenience), she has appointed Warren Tucker as Director of the NZ Security Intelligence Service (NZSIS), Bruce Ferguson as Director of the Government Communications Security Bureau (GCSB), Roy Ferguson as NZ Ambassador to Washington; and John McKinnon as Secretary of Defence. Together with Peters and Simon Murdoch, second in command at the Ministry of Foreign Affairs, these officials have improved their agencies’ coordination on U.S. policy and instructed staff to be helpful to us wherever possible. For example, NZSIS had for months resisted housing equipment needed to implement a possible HSPD-6 agreement with the United States. Soon after his arrival, Tucker ordered NZSIS to be the host, paving the way for negotiations. 7. (C) Clark has been more mindful of the public side of our relationship as well. She participated in the Embassy’s 4 July reception even though she never attends national day events. She was also gracious guest at a media-covered reception at the Ambassador’s residence last May in honor of her favorite Kiwi composer. Mindful that her 2003 remarks about the Iraq war have not been forgotten, Clark now slaps down her Cabinet Ministers for similar offenses. When on January 12 Duty Minister Jim Anderton issued a blistering critique of
the President’s plan to send more troops to Iraq, Clark quickly disavowed the comments and removed Anderton from duty within the day. She was roundly criticized in the media for her actions, but did not budge. After confirming her visit to Washington on March 1, a reporter asked what Clark would say if the President asked her views on the war. Clark merely said she doubted that would happen, adding that New Zealand is not in Iraq and it would be “”gratuitous to offer any advice.”” ———————————CLARK REALLY DOES WANT CLOSER TIES ——————————— 8. (C) Some observers claim Clark only wants to mend fences with the United States to wrest center ground from the opposition National Party, which is gaining in the polls. We doubt this is her main motive. For one thing, polling suggests up to half of all Kiwis believe New Zealand does not need a closer relationship with the United States, and the anti-American sentiment in the left side of her own caucus is well known. Although Labour is losing ground in opinion polls, Clark is far from being in such crisis that she needs to change her foreign policy to get votes. New National leader John Key is charming and confident, but has been in Parliament for only five years and his practical agenda remains fuzzy. In contrast, while many Kiwis consider Clark cold and some question her integrity, we have yet to meet any who regard her as anything less than competent. The majority seem proud of the way she has helped forge a new, modern identity for the country: clean, green, multicultural, multilateral, creative, and yes — nuclear free. Nor is there a chance of the type of leadership putsch within Labour that has plagued National in recent years. —————————————– WE BENEFIT FROM STRONGER COOPERATION, TOO —————————————- 9. (C) New Zealand is small, but concrete improvements in WELLINGTON 00000194 003 OF 004 bilateral cooperation over the past year, including
via the “”Matrix”” process initiated in Bangkok last year, have brought tangible, positive gains for U.S. interests. We continue to cooperate closely on events in Fiji and have come to value the views of Kiwi officials regarding events in E.Timor, the Solomon Islands, and Tonga. We are increasing behind-the-scenes dialogue on N.Korea and Iran, both of which have diplomatic relations with New Zealand. The “”Matrix”” process has also been helpful in enabling both sides to stay joined up in response to other events, such as ensuring that the recent fire on board a Japanese whaling vessel in Antarctic waters would not lead to an environmental disaster. 10. (S/NF) Improvements on the defense and intelligence side have also borne fruit. As Minister in Charge of the NZSIS and GCSB, Clark is read into all major operations involving U.S. intelligence. She understands the implications of a post-9/11 world for New Zealand’s security. She also realized after the Fiji coup that New Zealand had become too reliant on Australian intelligence. Clark grasps that NZ must “”give to get”” and that some of our cooperative operations — such as monitoring radicalizing Kiwi jihadists — strengthen her country’s security. But she also has been willing to address targets of marginal benefit to New Zealand that could do her political harm if made public. Over the past year, she has supported increased counterterrorism cooperation with us. 11. (C/NF) While the Presidential Directive still limits our defense relationship, New Zealand’s push since 2004 to modernize its forces have improved our ability to work together in those areas in which we can cooperate. In support of NZ military activities in the Pacific Islands, Timor Leste, Afghanistan, and elsewhere, there have been more high-level U.S. military visits to New Zealand over the past 6 months than in the previous two years. This March alone, there will be visits by two Admirals for maritime security consultations with New Zealand, France, and the UK, as
well as a yearly call by PACAF Commander General Hester. There have been more U.S. military waivers for multilateral exercises including the NZDF as well. Unlike in the past, the PM and her Government have focused on the substance behind these visits and exercises instead of touting them to the press as a sign that NZ’s nuclear ban no longer matters to the United States. New Zealand continues to be an active participant in the Proliferation Security Initiative, has helped explain the importance of this effort to Pacific Island states, and will for the first time host an Operational Experts Group Meeting in Auckland March 2628. ———- Key Issues ———- 12. (C/NF) Regional/Global Security: In her public statements announcing the visit, Clark has said that she hopes to discuss with senior US officials common interests in counter-terrorism/Afghanistan; regional security and good governance in the PICs and E.Timor; and DPRK, Iran and other nonproliferation issues. Although she told a journalist that Iraq is unlikely to come up, MFAT staff tells us that she knows that this is a major issue on the mind of the Administration. They also say she is likely to raise concerns over China’s role in the Asia Pacific region. Clark will likely announce during her visit that New Zealand will extend its deployments to Afghanistan through September 2009, the longest extension since the Afghan war began. She may also propose that both sides agree to regular consultations on Pacific Island issues. We agree this could send a positive public signal about our joint work in the region, although in reality fast moving events make it a certainty that we will continue to communicate in real time as well. We would also have to ensure that the search for agenda items and “”deliverables”” did not overwhelm our constructive dialogue. 13. (S/NF) Intelligence: Although it will be obviously impossible to publicly highlight the exact nature of NZ’s WELLINGTON 00000194 004 OF 004 intelligence cooperation during
Clark’s visit, she undoubtedly would appreciate having it acknowledged behind closed doors. We should also encourage New Zealand to agree to some public recognition of the HSPD-6 MOU that we understand will be signed during the visit. A public signing ceremony the Embassy hosted when we concluded the US-NZ Regional Alert Movement agreement received positive press play here, which indicates that not all intelligence cooperation issues are tabu to Kiwis. 14. (C) Environment and other issues: Since the Antarctic celebrations in January, Clark has become more aware of the close level of cooperation between US and NZ scientists both on and off the ice. She may propose new areas for cooperation in Antarctica and suggest both sides review the US-NZ Science and Technology Agreement to consider possible new joint research efforts. GNZ officials were struck by parallel references to climate change and sustainable energy in both the President’s and PM’s opening statements to their legislature this year, and Clark may raise this as well. She may also propose cooperation on efforts towards sustainable fisheries. Clark will almost certainly acknowledge U.S. leadership in WTO Doha negotiations. 15. (C) The Public message: Clark will deliver three speeches while in the United States. Unlike her speech there in 2002 on New Zealand’s desire for an FTA, Clark’s address in Washington will present a more positive focus on overall US-NZ relations. This reflects both her understanding that an FTA is not possible for now and her desire to speak to the broader relationship. Clark will deliver a second speech in Chicago covering WTO and economic issues (including a soft FTA pitch) and a third in Seattle on innovation in New Zealand. ——- COMMENT ——- 16. (C) PM Clark will continue to set the course for improved USNZ relations. It is clear there will be no change in New Zealand’s anti-nuclear policy in the medium term; even the
new opposition leader John Key has announced that the National Party wants to maintain the ban. National also continues to be vulnerable to accusations of being too close to the United States, which cost it significant support at the 2005 election. If elected in 2008, the Nats will have more political room to work with us if they can build on progress made under this Government towards better US-NZ ties. A re-elected Labour Government will do the same. This visit provides a chance to encourage Clark to set the bar high. We may have setbacks along the way, but the better our mutual understanding of what each side can expect from each other, the less likely that these hiccups will undermine our progress. End Comment. Keegan”,2/03/2007

Playing us for suckers.

datePosted on 14:39, December 7th, 2010 by Pablo

John Key has announced that changes to the SIS enabling laws that will expand its powers of surveillance of cell phones and computers as well as its use of electronic tracking devices will be pushed through parliament before the Rugby World Cup. He claims it is necessary to do so because “many world leaders” will be visiting during the RWC and appropriate security measures must be in place that require changes to the 41 year old SIS charter. The Privacy Commission advised for a three year review of the pertinent laws but was ignored.

This is the second time that Mr. Key has used the RWC to justify a modification of a security measure, the first being the withdrawal of the NZSAS from Afghanistan in 2011 because they are needed for duty at the RWC. Just as it is ludicrous to believe that NZ’s most elite troops would be used as guards or stand-bys for a sporting event held in Aotearoa, it is also an insult to the NZ public intelligence to claim that the RWC is the reason for the law changes that expand the SIS powers of search and surveillance.

The changes are actually just another continuation of the steady expansion of the NZ security apparatus over the last ten years. It runs in parallel with the proposed Search and Surveillance Bill, which gives wiretapping and eavesdropping authority to a range of local and national agencies that have nothing to do with security. Each year the SIS budget increases, as does its personnel. Police intelligence has also increased in numbers and seen its role expanded. The question is, first, what threats exist now that require such an expansion of the coercive powers of the State?  Are these threats of such a magnitude that basic civil liberties must be curtailed in the purported interest of national security? If so, why are they not publicly identified and enumerated so as to raise public awareness of them? If not, why, in an age of public bureaucracy down-sizing and privatisation, is the repressive apparatus growing, especially in its internal dimension?

Truth be told, all claims about terrorists notwithstanding, from where I sit there appears to be very little in the way of new, imminent and developed threats that constitute a clear and present danger to NZ national security so as to justify the continued expansion of the repressive apparatus at the expense of civil liberties.

We will never hear an answer to the questions I have just posed because John Key says that “it is not in the public interest” for hearings on the proposed changes be open to scrutiny. Instead, submissions on the proposed changes will be open to the public but the hearings on them held in private because–you guessed it–it was “not in the interests of national security” for the hearings to be heard openly. In sum: for John Key, the public logic is that for the sake of a one-off athletic event that is limited to a handful of former rugby-playing Commonwealth countries and some joiners (unlike more universal competitions like the World Cup, the Olympics or Commonwealth Games), the entire fabric of (mostly domestic) intelligence-gathering must be expanded and domestic liberties further curtailed.

One wonders what National’s  private logic is.

What are Mr. Key and his pipe dream team smoking that he can bald-faced say such utter nonsense and expect the NZ to be so gullible as to believe him? Or is the NZ public that stupid that it will believe that these proposed law changes are needed to protect visiting world leaders at the RWC and are so sensitive that their merits cannot be debated openly? Does he think that Kiwis do not care about legislation that curtails their basic rights, or that they believe that it is best to allow the government to just push through tougher ‘anti-crime” laws without public debate?

It could well be the case that the proposed changes are due to the fact that advances in telecommunications have allowed criminal and extremist groups to transfer funds and send instructions more easily and securely in and out of NZ. It could well be that criminal and extremists groups are scheming and plotting in NZ, and the proposed law changes will allow the SIS to better counter them. But that should be publicly explained and justified, not considered privately within the confines of the Parliamentary Security and Intelligence Committee, which is comprised of a grand total of 5 people and in which the government has the majority.

The bottom line is that the proposed legislation has nothing to do with the RWC and all to do with an ongoing expansion of the State’s powers of coercion at a time when its ideological apparatuses are increasingly failing to reproduce mass consent to the elite’s preferred ideological project. Having supported the equation of dissent with terrorism while in Opposition during the 5th Labour government, National is keen to ramrod more encroachments on basic rights in pursuit of the challenged elite project. Having eroded the right to organise and collectively defend worker’s interests while opening up the country to a variety of investors, yet having its hopes for asset sales to foreigners  and de-regulated mining on public lands thwarted by public resistance, National has turned to the old canard of “security” to dupe the public into giving up more rights to the State.

Raising the spectre of security threats provides a convenient cloak for the assertion of State powers of control and punishment on all those who challenge it, criminal or benign. That is why Mr. Key wants hearings on the proposed changes to be held behind closed doors, because if they were made public then open challenges can be made to the justifications for an expansion of SIS powers as well as the underlying reasons for them.

Mr. Key and his minions must be resisted as the closet authoritarians that they are.  In democracy. law changes need to receive a full and open airing, it is changes to security and intelligence laws that threaten the fundamental rights that lie at the heart of democratic society. The proposed changes are one such instance, which makes it too important a matter to be left to the privacy of the Parliamentary Security and Intelligence Committee in the run-up to the RWC. Mr Key cannot have it both ways: either he believes in democratic accountability when it it comes to national security matters and its impact on fundamental rights and restrictions on them, or he believes in elite perogative, to include the issue of balancing of security and rights.

The only way to find out is to force him to choose, and for that to happen requires an Opposition that understands–surprise, surprise– that political advantage can often be gained by standing on principle. One can only hope that is now is such a moment of realisation for Labour, even if it means turning on the monster that it created nearly ten years ago.

Small feels Large, but only to the Small.

datePosted on 14:37, November 14th, 2010 by Pablo

From the rhetoric and doe-eyed looks emanating from the PM and Foreign Minister during the signing of the so-called “Wellington Declaration,” one would have thought that NZ had just been awarded most favoured nation status by the US and assumed a place akin to that of France or Germany in US foreign policy. This belief seems to have gone to the head of the PM, who has taken to lecturing larger states such as Japan on NZ expectations when it comes to trading agreements. The truth is a bit different.

The “strategic partnership” announced by Secretary of State Hillary Clinton confirms what has been apparent to the international security community since 2001: NZ quietly dropped its concerns about engaging in military-to-military relations with the US in exchange for the US routinely granting executive permission for these to occur. NZ military deployments in Afghanistan and Iraq (the latter reportedly involving more than just the one year rotation of combat engineers in Basra, something that the NZ government refuses to acknowledge), as well as NZ commitment of intelligence assets to both tactical and strategic intelligence gathering at home and abroad (such as the deployment of GCSB and SIS personnel to Afghanistan) all occurred without fanfare and in spite of the formal ban of military exchanges and exercises in effect since the dissolution of the ANZUS alliance. Not having US Navy surface ship port visits in NZ does not deter US submarines from entering NZ territorial waters with or without NZ government connivance, and any look at video of NZDF troops in action in foreign locales clearly shows that they work in close proximity to US troops and preferentially use US equipment during the conduct of their combat operations.

The Wellington Declaration just makes public this discreet relationship, which even as it deepens and becomes standardised over the long-term will not require signing of a formal alliance treaty. The latter is seen as an encumbrance for domestic political reasons on both sides (since both the US Congress and NZ Parliament would see opposition to the signing of a bilateral security treaty), so much as in the way the US conducts its foreign wars (which is to not seek Congressional ratification of a declaration of war for fear of opposition, but instead to use Executive authority as commander-in-chief to declare a state of national security emergency requiring military combat deployments abroad that presents Congress with a fait accompli), the Wellington Declaration circumvents legislative scrutiny at the same time that it reaffirms the obvious close security ties that exist between the two states.

What changed most clearly is that while Labour prefers to soft peddle the relationship due to its internal factional dynamics, National has always had issues with the “independent and autonomous” foreign policy stance that has characterised NZ diplomatic relations since the early 1990s. Although it cannot reverse the anti-nuclear policy due to domestic political factors, National has always worked to reaffirm its “traditional” security ties, to the point that it supported NZ joining the US-led “coalition of the willing” that invaded and occupied Iraq without UN authorisation. With the Wellington Declaration it has gotten its wish.

But sometimes getting what one wishes for brings with it unanticipated trouble. By formally committing to a strategic partnership with the US, overlapped on National’s commitment to engaging closer military ties with Australia, NZ has in effect become a posse member for the global sheriff and its Antipodean deputy. The closer the level of military engagement between NZ and its larger military partners (quaintly called “interoperability” in the jargon), the more dependent it becomes on them for strategic guidance, material support, operational readiness and deployed force security. This makes it more likely, in spite of National’s assurances that NZ always retains the option to refuse a request, that NZ will wind up becoming involved in conflicts not of its choice but that of its strategic partners. That in turn raises the specter of NZ developing, by way of military coat-tailing, hostile relations with countries and cultures with which it historically has had no quarrel, which will spell the end of its “independent and autonomous” diplomatic posture.

What Mr. Key and his company of advisors appear to not understand is that the US rapprochement with NZ is due to two basic strategic factors, one general and one specific, that have little to do with interest in NZ per se. The first general reason is that, after a delay in responding due to the obsession with counter-terrorism in the Middle East and Central Asia, the US has moved to counter Chinese advances in the Western Pacific basin, which it sees as the next big strategic conflict zone. Not only is it in the process of moving the bulk of its military assets into the Pacific, in a reversal of the century-old Atlantic and Euro-centric orientation that characterised its strategic outlook until recently. It has also reaffirmed its bilateral security ties to all of its Asian partners as well as India. This includes Japan, South Korea, Taiwan, Thailand, the Philippines, Singapore, Malaysia, Indonesia, Australia, NZ and even Viet Nam. This defensive arc covers countries deeply concerned about Chinese neo-imperialist ambitions, many of whom have diplomatic or territorial disputes with the Chinese, and along with its soft power projection in the Pacific Island Forum countries (including Fiji, where the US has just announced the resumption of US AID development work), the US is moving to counter Chinese influence in SE Asia and beyond (most often gained via so-called “chequebook diplomacy” whereby China promotes infrastructure development projects with no apparent strings attached but which all have potentially dual civilian and military applications). The Wellington Declaration just adds NZ to the roster of US security partners that constitute a collective hedge against the looming Chinese presence, which is particularly noteworthy because of NZ’s increased dependency on Chinese investment and trade for its economic fortunes.

With the Wellington Declaration Chinese influence and ambitions in NZ are potentially fence-ringed. That may have been National’s undeclared intent, and if so that is the hypothetical NZ gain from the deal. But all of that remains to be seen  (if nothing else because it would contravene National’s public assurances that it welcomes the Chinese investment and cultural presence on NZ shores–cue revelations about Pansy Wong and her long obviously dodgy failed businessman-husband, who just might have caught US negative interest given the Chinese penchant for placing intelligent assets in their diaspora).

The second, specific strategic purpose that the Wellington Declaration serves is US nuclear counter-proliferation efforts. Unlike its predecessor, the Obama administration has a basic, and apparently sincere interest in reducing nuclear weapons stockpiles and preventing the proliferation of nuclear weapons beyond those that currently possess them. Having a small “neutral” non-nuclear state as a partner in such efforts provides a convenient and effective cover (some might say fig leaf), particularly with regards to “rogue” states such as North Korea and Iran. NZ has already participated in the Six Party negotiations on the North Korean nuclear programme, helping to gain a delay in Pyongyang’s efforts to achieve full weapons capability. In Iran’s case, NZ’s strong economic ties to the mullah’s regime is seen as providing a source of indirect diplomatic access and backdoor entry into the Iranian mindset with regards to nukes (via diplomatic and intelligence service information sharing). In other words, working with and through NZ on matters of nuclear proliferation, the US gains diplomatic cover for its own self-interested reasons to oppose the spread of the universally recognised deterrent.

What NZ does not get out of this strategic partnership, and which the National government continues to wax deluded about, is improved negotiating status with the US with regard to bilateral trade. The US is content to allow the Trans-Pacific Partnership negotiations to take their course with respect to trade with NZ and other small Pacific partners, and domestic political considerations accentuated by the recent midterm elections make it nigh impossible for NZ’s leading export sector, dairy, to make inroads into the subsidised US market. Truth be told, for the US there is no “issue-linkage” between security and trade when it comes to NZ even if its rhetoric continues to hold out the promise of such being the case sometime in the future. Yet the current (and to be fair, the past) NZ government continues to insist that, “difficulties” notwithstanding, bilateral trade with the US in forthcoming if not imminent because of NZ efforts across a range of issues of mutual interest without qualification or constraint.

This is where Mr. Key and Mr. McCully fail the foreign policy leadership test. Given the US strategic interests at play, and its absolute need to secure partnership agreements that catered to these interests given the evolving world balance of power, NZ was in a position to bargain hard and leverage its credentials (mostly Labour-made) as an honest broker and reliable international interlocutor into some form of tangible, immediate benefit in exchange for accepting the role of US strategic partner. That did not happen. Instead, what NZ got was platitudes, promises and bilateral yearly meetings between foreign policy counterparts, something that is par for the course for any number of nations, in what essentially amounted to a stop-over on Secretary Clinton’s trip to more important meetings with the US proxy that is Australia. As a result of that brief rendezvous,  NZ is now saddled with the burden of being internationally perceived to be (if not in fact)  more closely tied to the US without the full benefits of being so. It is a junior partner of the US in security only, and that is bound to be noticed by the international community.

In effect, NZ is just a small cog in a larger US strategic plan that is influenced by factors that have nothing to do with NZ interests and all to do with how the US sees and proposes to shape the strategic environment currently evolving in the Western Pacific and with regard to nuclear proliferation. National believes that it has made NZ a “player” by signing a strategic partnership agreement with the US, but the truth is that it has committed the country to a relationship that has always been one sided and which just got more so. To put it bluntly: the Tories may feel big as a result of the “Wellington Declaration” but they still are small and myopic when it comes to perceiving, much less comprehending the bigger picture, to say nothing of  the realities at stake down the road.

PS: The farce only gets better. NZ announced that it is in FTA negotiations with authoritarian, crime mob-dominated klepto-oligarchic Russia even though it admits that Foreign Affairs and Trade have very limited Russian language comprehension skills and the deal will involve Tajikistan and Uzbekistan (Russia negotiating for them, presumably), two states that NZ has admitted to having”limited” knowledge about (to include comprehension of Tajik or Uzbek dialects). In other words, National has staked its claim to being at the forefront of free trade agreements without understanding the business and political culture, much less language or human rights conditions, of potential partners just after it committed to a long-term security partnership with a country that has a troublesome relationship with all three.  This is amateurism taken to art-level heights.

The Problem with Trading Down.

datePosted on 10:13, November 9th, 2010 by Pablo

Jane Kelsey’s latest  book on trade, an edited collection titled No Ordinary Deal, was launched last night in Auckland. Other launches will follow in Hamilton, Wellington and Christchurch this week before the road show heads to Australia. As a contributor to the book I attended the launch and enjoyed the speech given by another contributor, Lori Wallach, a trade specialist at the US research institute Public Citizen (founded by Ralph Nader in 1971). Lori, who wrote the chapter on the US domestic agenda and approach to the so-called Trans-Pacific Partnership (TPP) negotiations, noted that the model for the TPP is not the General Agreement on Tarriffs and Trade (GATT) but instead the North American Free Trade Agreement (NAFTA), which essentially is an investor’s guarantee agreement rather than one about free trade per se.

In her chapter and her speech, Lori noted that among many other downsides to the TPP, it would exempt foreign investors from domestic regulations in NZ, and should the investor be made to comply with those regulations by court order, the costs of compliance would be borne by the NZ taxpayers in the form of mandatory compensation. She went on to note how local pharmaceutical regulations and control boards would be circumvented in favour of US drug company standards, and explicated the dumping and market monopolisation efforts of US agri-businesses under this type of trade regime. As a sidebar she noted how NZ dairy exports would not appreciably increase to the US under the agreement, as well as the fact that the recent midterm elections have ridden on a backlash against trade because of presumed US job losses tied to it, which means that the possibility of the US ratifying the TPP in the next two years under the new congressional leadership (even if negotiations are concluded, which itself is unlikely) are improbable at best. Her basic premise was that she would not object to the TPP if it were about free trading of goods and services as per the Ricardian ideal. What she objects to is the use of free market rhetoric to cloak cross-border commercial arrangements that are less than free or fair and which contain pernicious costs for smaller national partners and wage labour-dependent consumers in general.

The bottom line is that the TPP is fraught and the public need to be aware of the very large downside to it. It is not a genuine “free trade” agreement in the proper sense  of the term. Instead, it is a US-centric investor’s agreement skewed in favour of large (mostly foreign) corporate interests rather than consumers and local producers. Among other topics, chapters (there are 19 in all) explore the impact of the TPP on indigenous rights, climate change, intellectual property, cultural exchange and, in my contribution, security. They are well worth reading, and often eye-opening.

The book is designed to promote informed debate on the matter by offering a critical counter-point to the received wisdom of the policy elites who attempt to sell it as as “win-win” universal good for all involved. As I have noted previously when writing about asymmetric trade, this is a far cry from the truth and carries with it not only the potential for a loss of economic freedom and sovereign control of strategic assets, but also the very real danger of increasing both physical and emotional insecurity in the smaller partners involved in such agreements. Since insecurity breeds fear (be it fear of job loss, fear of environmental harm, fear of forced dislocation from one’s land or cultural roots, to say nothing of fear of physical harm by direct or indirect means), and freedom from fear is considered to be an inalienable human right, the downside of the TPP needs to contrasted againt the supposed upsides championed by those who stand the most to benefit from the deal, and who constitute an elite and often unaccountable minority among the constituencies involved.

More publisher information on the book and the launches can be found at www.bwb.co.nz.  An information sheet on the book is here:

No Ordinary Deal
Unmasking the Trans-Pacific Partnership Free Trade Agreement
Jane Kelsey
The Trans-Pacific Partnership is no ordinary free trade deal. Billed as an agreement fit for the twenty-first century, no one is sure what that means. For its champions in New Zealand a free trade agreement with the US is a magic bullet – opening closed doors for Fonterra into the US dairy market. President Obama sells it as the key to jobs and economic recovery, while protecting home markets. Australia hails it as a foundation stone for an APEC-wide free trade agreement.

None of these arguments stacks up. All nine participant countries except Vietnam are heavily liberalised, deregulated and privatised.* They already have many free trade deals between them. Who really believes that US dairy markets will be thrown open to New Zealand, or that China, India and Japan will sign onto a treaty they had no role in designing?

No Ordinary Deal
Experts from Australia, New Zealand, the US and Chile examine the geopolitical and security context of the negotiations and set out some of the costs for New Zealand and Australia of making trade-offs to the US simply to achieve a deal. ‘Trade’ agreement is a misnomer. The TPPA is not primarily about imports and exports. Its obligations will intrude into core areas of government policy and Parliamentary responsibilities. If the US lobby has its way, the rules will restrict how drug-buying agencies Pharmac (in New Zealand) and the Pharmaceutical Benefits Scheme (in Australia) can operate, and the kind of food standards and intellectual property laws we can have. Foreign investors will be able to sue the government for measures that erode their investment. The TPPA will govern how we regulate the finance industry or other services, along with our capacity to create jobs at home.

Above all, No Ordinary Deal unmasks the fallacies of the TPPA and exposes the contradictions of locking our countries even deeper into a neoliberal model of global free markets – when even political leaders admit that this has failed.

*The US, Australia, New Zealand, Brunei Darussalam, Chile, Peru, Singapore and Vietnam. Malaysia joined in October 2010.

  • RRP: $39.99
  • 288 pages
  • 270 x 140 mm
  • ISBN 9781877242502
  • Publication November 2010

Distributor: HarperCollins, PO Box 1, Shortland Street, Auckland
Contact: customerservices@harpercollins.co.nz
Sales Manager: Tony Moores, tony.moores@harpercollins.co.nz
PO Box 12474, Wellington 6144
Phone: 04 473 8128
Email: info@bwb.co.nz
www.bwb.co.nz

The Contributors: Jane Kelsey, Bryan Gould, Patricia Ranald, Lori Wallach, Todd Tucker, José Aylwin, Paul Buchanan, John Quiggin, Warwick Murray, Edward Challies, David Adamson, Geoff Bertram, Tom Faunce, Ruth Townsend, Susy Frankel, Jock Given, Ted Murphy, Bill Rosenberg, Nan Seuffert.

The US as the new Greece.

datePosted on 12:33, October 23rd, 2010 by Pablo

Watching the lead up to what will be a major Republican and Tea Party comeback in the upcoming US midterm elections, and having spent an earlier part of the year in Greece, I cannot but help but be struck by the parallels between the two countries. This may seem crazy, but sometimes what is obvious is not necessarily apparent.

The US and Greece are saddled with immense debt, most of it public. Both have extremely large state bureacracies that consume an inordinate amount of the tax base. Both have lived, in their personal and public consumption, way beyond their means over the last two decades, riding the wave of financial sector excess and lving off real estate and other speculative bubbles that did not, in fact, significantly contribute to national productive rates.

In each case immediate past centre-right governments contributed to the false sense of security by allowing the financial sector to operate with considerable degrees of autonomy and lack of oversight, reduced taxes for the wealthiest sectors of the population and corporations, and spent money well in excess of state revenues. In Greece state expenditures went into a bloated welfare system that was designed to prop up living standards that are seen as a birthright of all Greeks; in the US, the excess state spending went into war. In both instances the center-right governments increased state spending and the public deficits that accompanied them. In both cases they were turned out at the polls in the past two years.

Center-left governments replaced the discredited right. They inherited unsustainable deficits that will take years to redress and embarked on economic reform programs that were designed to cut the public deficit and increase economic efficiency over the long term. In Greece this meant slashing the public workforce, decreasing public salaries and welfare benefits while offering a package of tax incentives to small and medium business so that they could innovate, expand and thereby take up the slack produced by reductions in the public workforce.

In the US the economic stimulus program was designed to prop up and revitalise at-risk major industries (the automobile and financial sectors in particular) while providing tax relief for 95 percent of the working population. A national health program was instituted that, even though watered down and more pro-business than pro-consumer and nowhere close to socialised medicine,  provides for minimum health coverage for the majority of the population. Selective regulation on the financial sector was legislated, although this worked more on the margins of the system rather than at its core. Military spending was cut at the corners, and in a number of cases companies that received financial bail-out packages have begun to re-pay their debts.  In effect, although in the US public spending increased over the short term with the stimulus and health care packages, the design is oriented towards lowering the overall public spending bill within five to ten years while maintaining a  disproportionate emphasis on “defense.” That is the American way.

In both instances some or most of the center-right opposition in the legislature supported the economic reform packages of the government, but backtracked when confronted by public reaction. In both cases that backtracking led them to move towards the zealot wing of their popular base. That has consequences.

The reason? In each case there was an immediate, reflexive and largely unthinking  public backlash against the reform measures. Following Greek protest tradition, often violent strikes and demonstrations have engulfed the country from the moment austerity measures were announced. Although the protests are led by unions and other elements of the agitational Left, the real beneficiaries of the crisis are the hard Right, who have seen an opportunity to engage in nationalist-populist demagogery in which “foreign interests,’ illegal migrants, “Communists” and a host of other suspected culprits are blamed for the country’s woes.

In the US attempts at reform have been met by a wave of right wing backlash among the mostly white middle classes, who also blame illegal migrants, “Socialists” and other purported “progressives” as well as atheistic liberal homosexual-enabling secular humanists for the decline of Empire. At public forums many vented their anger by calling for a “revolution” or at least the ovethrow of the Washington elite. Some of them turned up armed to make their point.  They have a movement not unlike the Greek ultra-nationalists. It is called the Tea Party.

What is striking about both hard right wing resurgences is that they stand to gain the most from upcoming elections simply by blaming the governing center left administrations without offering a plausible solution to the problems of the day and near future. Both want to return to something long gone. Both want lower, not more taxes, apparently not understanding that in the case of Greece that national pasttimes of tax avoidance, island vacation homes and reliance on the state for pensions, social security and universal health care are contradictory and incompatible. In the US the pejoratively labeled “Tea Baggers” apparently have not connected the dots between maintaining a massive military apparatus that consumes 6 percent of GDP, is fighting two wars of occupation and at least a dozen small irregular conflicts simultaneously, has a presence in 150 countries and deploys three carrier task forces comprised of 7 ships and 75 aircraft at sea at any one time (no other country can deploy even one), and the need for a substantial tax base. Nor can they see that the party that they support is the one that has the most extensive ties to the Wall Street giants that played loose with their money in the game of financial roulette known as the sub-prime lending market that has now come a cropper. Instead they rail against welfare queens and “illegals” stealing the jobs most Americans disdain.

In both countries the conscious anti-intellectualism of the Right is manifest.  They want simple solutions to complex problems, they want the solutions to benefit them without requiring any sacrifice, and they want it all to happen yesterday. Reflexively ignorant political champions lead the charge and rally the masses in each case.

Most of all, it is historical myopia, an overdeveloped sense of entitlement, the lack of acceptance of responsibility and the shifting of blame that ties the US and Greek public together in their rightwards march. Both cultures prefer to forget the immediate past that led to these tough times and instead focus on a mythical past in which the Nation was strong, proud and united in its demographic homogeneity and cultural mores. Both cultures believe that they are special and especially deserving because fortuitous circumstance determined that they were born Greek or American. Neither culture embraces the notion of individual and collective responsibility as a majority ethos anymore. Instead, the common approach is to blame others for individual failure and collective misfortune.  Both right wing movements have little to offer than hatred for central government elites, current reform policy, bankers of “dubious” persuasion and all the “others” who instigated the entire mess. Mutatis mutandis, there are faint echoes of interwar Europe in all of this.

That may be a basis for victory in any contemporary elections given the circumstances, but it is certainly no blueprint for national regeneration. History has repeatedly shown that national-populist lurches to the right produce more anomie and retrogression than progress. For the latter to occur, people will have to first take individual and collective responsibility about their role in the process of decline. Then they will have to accept the costs of redressing that decline which means that they will need to assume the burden of altered lifestyles no longer easily bought on the back of cheap credit, deficit spending and overinflated notions of national grandeur. They will then have to grin and bear it during the tough times so that their children and grandchildren will prosper under different conditions.

None of that is going to happen anytime soon.

Drawing Blood from a Stone.

datePosted on 19:59, October 8th, 2010 by Pablo

The government’s decision to file a civil suit against the “Waihopai 3” is vindictive and a gross waste of taxpayer dollars. Much like the Zaoui case, which could have been concluded years before it actually did at far less cost than the amount on the final bill, this is a classic example of a vexatious state litigation. Vexatious state litigation, to coin a phrase, is an instance when the state (exemplified here by the Crown) continues prosecutions, appeals or defenses long after legal defeat is obvious and, as in the case here, judicially administered. Even so, there are a few aspects of the case worth reviewing.

As I mentioned in an earlier post titled “Political Idealism Trumps the Law,” the Waihopai 3 expertly exploited the claim of right defense to defend their direct action against the eavesdropping station. Contrary to most direct action proponents, they did not admit their crimes and accept their due punishment, but instead used the claim of right defense to argue their innocence based on moral grounds. Among other things that defense states that even if mistaken in their motives, people who honestly believe that their acts will prevent a greater harm are exonerated of responsibility for the consequences of those acts. Thus, although I (and presumably the government) believe that they are mistaken in claiming that the Echelon station at Waihopai facilitates torture, war crimes, crimes against humanity and human rights violations, the important point is that Peter Murnane, Adrian Leason and Sam Land were found by a jury of their peers to be innocent because they sincerely believed that their actions were helping to prevent a greater harm. So long as the claim of right defense exists in the law and juries are willing to accept that defense as legitimate, then the verdict should stand and, in the absence of irregularities in the administration of the case, no appeals or civil lawsuits filed. In other words, that should be the end of the story.

If the government does not like the claim of right clause in the law, it can work to change it. But suing for civil damages to the tune of 1.2 million dollars, including the cost of pies, beer and savories for repair workers, smacks of imperial hubris. Moreover, the claim is unrecoverable even if the Crown were to win the lawsuit. Father Peter has no tangible assets, and since neither the Dominican Order or the Catholic Church were party to his actions, they cannot be made parties to the suit. As for Land and Leason, what is the Crown going to do–confiscate Land’s organic farm and repossess Leason’s house while garnishing his salary, thereby throwing their families onto the street (and dole)? Even if it did so, the amount recovered from the sale of the assets of all three men would not come close to paying the full bill. So what is the point if the full costs are not anywhere close to recoverable?

The Crown also has not thought through the consequences of its lawsuit. The GCSB refused to front up at the original trial in order to refute the defendant’s allegations. That pretty much left their claims uncontested, which was instrumental in the jury’s verdict. Is the GCSB now going to show up at a civil trial and be prepared to re-litigate the original claims under the claim of right defense? If not, then there is no case for damages because a verdict of innocence under the right of defense absolves defendants of financial liability stemming from their acts. To put it bluntly: a verdict of innocence under the claim of right defense means full absolution from liability. That is why the right of defense is such a dramatic line to take and so difficult to argue successfully, which is why most direct action militants do not even bother with it and opt to plead guilty and ask for judicial mercy citing mitigating factors. But in this case the right of defense was made and it prevailed. Unless the GCSB wants to testify as to the merits of the claim of right defense as well as to the extent of the damages incurred (which I believe have been exaggerated) then there is no case to be made. If there is no case to be made, the pursuing the lawsuit is a waste of time and public money.

If the government allows this civil suit to continue it will be another example of politicians and state bureaucrats playing loose with taxpayer money in order to prove a vengeful point regardless of the merits of the case. The suit is clearly designed to be a warning to others who would dare to use the claim of right defense for direct actions, and therefore not only a form of vexatious state litigation but also an act of official intimidation against those who would dare speak (their) truth to power. For a supposed liberal democracy, that is a bad look.

When kindness is retold unkindly

datePosted on 22:14, September 19th, 2010 by Anita

A few years ago I had a staff member who was working long hours and many days away from home. His job required a lot of travel, and a lot of time away from his partner, friends and family. At one point his partner’s son was undergoing treatment for cancer and he was working away and couldn’t be there to support his partner. One of the staff in the office arranged for flowers to be sent to his partner – a small token of caring at a hard time.

Looks fine to me, I’ve authorised flowers, movie tickets, and more for family members whose lives have been disrupted by work I’ve given my staff. I was once given plane tickets to spend time with my family after work kept me tied up through Christmas and New Year.

But time passed, and my staff member made some enemies, and that purchase of flowers was used to humiliate him and damage his career.

This makes me wonder a couple of things:

1) Was the decision to buy flowers a bad one?

2) Was the use of the purchase of flowers by his enemies, repeatedly retold by the media, fair?

3) Is my gut feeling right that this particular purchase was used by his enemies to remind us all that this partner is male, and imply that there is something distasteful about that fact?

I’m not for a moment suggesting that spending on and by employees should be uncontrolled, unmanaged or concealed; just wondering where to draw the line between transparency and self-serving malicious prurience.

Sometimes the duty of the free press is to not report.

datePosted on 01:55, September 12th, 2010 by Pablo

The on again, off again Koran burning planned by a small time evangelical preacher in Gainsville Florida has received world wide coverage and raised serious concern among the US military and foreign policy elite that it will cause a murderous reaction against US citizens living and fighting in the Muslim world. The issues has dominated the news in the US for days (I am currently located about 120 miles southeast of Gainsville), played out in a perverse media tag team with the so-called 9-11 mosque controversy. Official concern is so great that President Obama, Secretary of State Clinton and ISAF commander General David Petreus have denounced the planned pyrotechnics, while Secretary of Defense Robert Gates made a personal call to the preacher to ask him to cease and desist.

So far, the preacher has said that he will stop the burnings only if the 9-11 mosque supporters agree to move it someplace else. Which means that on top of the provocation and outrage he intends, he has now added blackmail.

Fueled by right wing media led by Fox News TV and Radio outlets, the issue has been debated on a free speech grounds. It is generally accepted that the wacked out preacher has a right to burn Korans, but division is over whether he has a responsibility to not do so given the larger consequences of his actions. Some officials have tried to find a way to stop him using hate speech legislation, saying that his obvious intent is to spread hatred towards all Muslims and the faith itself, something that is not protected by the first amendment. Others have responded that he should be allowed to do as he please and that the US should not kow-tow to “terrorists” just because Muslims react hysterically to the desecration of the holy book or images of the prophet.

I shall leave aside the obvious greater harm argument that clearly demonstrates why the Koran burning is a bad idea. I shall also avoid addressing the fact that Islam is not the only religion where its adherents respond violently to perceived insults to their faith. I will leave aside the argued to death free speech aspects of the case. Instead, I will address two aspects of this affair that appear to be underplayed.

The first issue is a matter of perception of the event in the Muslim world. Like it or not, most people living in Muslim nations cannot fathom the concept of a separation of church and state, or that the US government and local authorities do not have the power to just physically stop the preacher from holding the event. That is because most live in authoritarian states where religion and politics are deeply intertwined and governments regularly intervene in matters of religion (to include prohibitions on certain types of religious activity, regulations on marriage, etc.).  As a result, most citizens in the Muslim world cannot conceive of  such an event being carried out without government approval, so see it as an officially sanctioned statement of how the US views Islam. That may be ignorant or confused on the facts, but it is the reality of the context in which the Koran burning is perceived in the Muslim world. (Note to those who may take offense: this is a comment about the deeply ingrained authoritarian nature of power structures in the Muslim world rather than about the content of its faith, and refers not to the educated classes but to the broader mass of people who do not have access to the facilities and vehicles that would allow them to make discerning judgements on international issues. The same can be said about other political cultures as well).

The second issue is the reckless role of the US press. The preacher in question leads a 50 person fringe fundamentalist congregation that has in the past protested against gays and threatened to torch a copy of the Torah (since he believes that Judaism is also a “dirty” religion). He clearly has delusions of grandeur, if not being a few cans short of a six pack. The national press paid no mind to his previous antics, so why is it doing so now? Why not just ignore him? Why is this event considered front page news when his other antics were not?  In sum: why give this nutbar oxygen?

Given the sensitivities at play, the national press could have buried the story in the “odd news” section or not covered it at all given its marginal nature. To their credit, outlets like the NYT and WP have limited their coverage to the reactions and not played the story on the front pages of their respective publications. But, led by Fox and a network of Christian radio and TV outlets, the US press has covered the Gainsville Goober as if he were Sarah Palin’s running mate.

That is where they fail their obligations to the public. As with any democratic entity, the press has responsibilities along with rights. Those responsibilities include not inflaming or otherwise causing small events to bocome international incidents that have the potential to cause great harm to US interests and its citizens. It has an obligation not to stoke the fires of religious and ethnic hatred. And yet the right-wing media in the US has done exactly that, aided and abetted by conservative politicians like Newt Gingrich who see political gain being made off of the scapegoating of Muslims and (with regards to immigration and future demographics) Hispanics.

This helps explain why the tone of public debate in the US has become so vulgarised and debased. There is a large element of the press that has become “Murdochised,” (sic), that is, it will report on anything that can cause scandal, outrage and division in the interest of profit and political advantage. It has eschewed its responsibilites to the larger public interest in the pursuit of partisan gain. It is, in other words, unworthy of the constitutional guarantees under which it cloaks its behaviour.

All of which is to say that if there is a nasty fallout from this stunt, whatever blood is spilled is not only on the hands of the religious provocateur and his small band of intolerant followers, but also on the hands of their media and political facilitators who turned a backwoods hoe down into an international incident.

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