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.

Trump as an agent of change.

datePosted on 13:00, June 12th, 2020 by Pablo

Brothers and sisters, I have a confession to make. After much reflection I have now come to the conclusion that the US evangelicals are correct. Trump is indeed a God-sent gift to the Republic. He is a modern day version of the Persian King Cyrus, a non-believer who delivered Jews to their promised land. He has a bit of King David in him as well, imperfect and flawed but possessing strong character. He is the vessel through which the Almighty will transform the Republic and restore its greatness. Of this, I truly believe. Can I get an Amen for that, my fellow children of the Lord?

Say Hallelujah!

Now, some of you might wonder why an atheistic commie like me would all of a sudden turn around and endorse the evangelical’s “empty vessel” beliefs. Well, think of it this way, brothers and sisters. Just like the Hebrew warrior Saul was knocked off his donkey and blinded by a vision of the ascendant Jesus on his way from Jerusalem to Damascus to persecute Christians, only to have his sight restored and convert to the Christian Saint Paul the Apostle, so too I have had a moment of clarity. Trump is indeed an agent of change. But the great fairy in the sky works in mysterious and dialectical ways. Let me explain.

Trump is doing what no one else has been able to do in modern US history. He is bringing to a head all of the contradictions in US society. Everything that is bad, he makes worse. Everything that is good, he tarnishes. He embraces evil and he shuns fairness. In doing so he has, like an ointment on an infected wound, brought all of the racist, xenophobic and bigoted rot out to the surface, where he revels like a pig in slop in their ignorance and hate.

Christian fundamentalists think that he is the vessel that will deliver them to the Rapture, and that in the meantime he will restore the white Anglo Saxon Christian character of the nation by pushing back–and down–on those who would challenge that status quo. No more insolent people of color to contend with, no alphabet soup of sexual deviants to put up with, no freeloading criminal minded foreigners sneaking across the borders, no snowflakes libtards squawking about rights from the safety of their safe spaces. Hell no!

But this is where the bible-bashers and I part company. You see, it is because Trump is so ignorant, so incompetent, so self-centred and such a profoundly horrid excuse for humanity that he is now forcing US society to confront head on the contradictions that it has so long buried under a veneer of “democratic” civility and which allowed him to win the presidency. This has been building since the moment he announced his campaign, and now, with the incoherent and indifferent response to the pandemic, the resort to quasi-fascist tactics in order to suppress the BLM protests in the wake of George Floyd’s murder, and the abject pandering to the thuggish racist minority that are his “base,” Trump has managed to force society into a reckoning.

And that reckoning is going against him. States, cities, industries and private firms were the first to walk away, not just over the pandemic response but also over issues of statutory authority, jurisdictional control and public funding priorities (e.g. education, healthcare and transportation). The military and intelligence communities, long-suffering under this barrage of uninformed criticism and worship of foreign dictators, then used as props in his attempted war on his own citizens during the protests, has begun to put public distance between themselves and the idiot-in-chief. After rushing to reap the opportunistic rewards of his tax and regulatory dismantling, Wall Street, Silicone Valley, the Farm Belt and pretty much everything in between have begin to hedge against his staying in office. He is now openly mocked in the corporate media, with commentators speculating about his mental and physical status being in decline.

Even the Republican Party is starting to waver in its support, having seen his reckless incompetence on overt display the last few months and fearing not only for its presence in Congress but its future as a unified party.

One might say that all of this is necessary but not sufficient to topple him, and that he has managed to weather impeachment, caging kids, assorted conflicts of interests and corruption scandals, a merry-go-round of top level personnel appointments and yet still remains as president. He lies, he insults, he posts conspiracy theories and generally rants in ways so unhinged that he appears to be a thirteen year old boy after his ever first round of bourbon and cokes. But he still stands. Heck, he even managed to dodge a lightening bolt when he held up that dusty bible in front of the church near Lafayette Park that he had cleared by teargas and rubber bullets. Not even Satan himself would have been so bold.

Now the concern is that he will use the pandemic and the protests to either postpone the November election citing a state of national emergency or he will–as he is now doing–claim that the vote is being rigged against him and refuse to recognise the results. He will then call on his followers to hit the streets to defend his mandate, and at that point things will head seriously South.

Except for one thing. NASCAR just banned confederate flags from all of its facilities–racetracks, spectator stands, cars, uniforms, advertising, the works. There may be commercial considerations at play, but this represents a cultural shift so significant, so momentous, so gosh darn biblical in effect, that I have now seen the Light. Forget the post-March 15 Crusaders’ symbolism row. It is as if the All Blacks abandoned both the name and colours in order to become the Kiwi Cherry Pops.

Now states, cities and agencies are proposing to remove Confederate iconography from public spaces, including Congress, various Southern cities and even military bases named after Confederate generals–all against Trump’s wishes. He can whine, but he cannot do anything to prevent local authorities, Congress or even the military from doing so and in fact his opposition to removing slave era icons only serves to galvanize support for their removal. Phrased differently: it took Trump’s open embrace of symbols of racism and disunity to unify consensus that they have to go.

That is why Trump is an agent of change. Not in the direction that he and his supporters want to go, but as a catalyst for the long-docile majority to rise, say “enough,” and move in a different if not opposite direction. It turns out that the US, and the world, needed someone like him to expose all that is wrong with the American Dream, all that is fake, a lie, and a betrayal of the foundational ideals that, if not perfect in construction were and are a heck of a lot better than the smash and grab crime spree that is this presidency and the political support Mafia that surrounds him.

So yes, I do believe in miracles. The time of political revelation is coming because the sun has set on the Stars and Bars in the soul of the Confederacy. And with it, the Trump presidency and all that it represents. There may still be kicking and screaming on the way out, but the days of Satan/POTUS are nigh.

Praise the Lord and pass the ammo!

For US civil-military relations, a slippery slope.

datePosted on 14:05, June 3rd, 2020 by Pablo

For a good part of my adult life I have studied civil-military relations. I have studied authoritarian and democratic variants, and I have studied them across countries and regions. I have also worked in and with several US security agencies and have lectured on the theme at a number of military institutions in the US and abroad. It is with that background that I say this:

Trump’s deputising of the military for domestic law enforcement is a slippery slope in US civil-military relations. It is partisan manipulation that risks creating serious institutional rifts within the armed forces as well as between the military and society. The president certainly has the legal authority to do so but he also has the constitutional obligation to do so only as a last recourse when the country is under existential threat. Previous instances of deploying the US military in domestic law enforcement roles may or may not have been in the spirit of the constitution, and the precedent is mixed. Sending the national guard to defend civil rights in the face of state opposition is one thing; sending in them to stop looting and rioting is another. What is happening today is similar but different, and worse.

Using federal troops to disrupt peaceful demonstrations is a violation of the constitutional spirit. Using federal troops employing tear gas, flash-bang grenades and rubber bullets to do so is an abuse of authority. Doing all of that in order to stage a presidential photo opportunity featuring Him flashing a bible outside a damaged church–as the head of what is supposed to be secular democracy–is beyond the constitutional pale.

That is the terrain of personalist, party and bureaucratic authoritarians that use the military as a praetorian guard. In the US the military swears an oath to the constitution, not the president, even if he is the nominal commander-in-chief. It swears to defend the US nation against all enemies “foreign and domestic,’ but not in a selective or partisan way. The military is subordinate to civilian political control but in exchange receives considerable institutional autonomy with regard to operational decision-making. It therefore could and should refuse to deploy force as part of a clearly unnecessary politically charged event and in pursuit of ends that are not commonweal in orientation. 

States can already call up their respective National Guards. As a federal district, the District of Colombia covers patches of federal land interspersed with city and private property. Guardsman from DC can certainly be called up by the president for law enforcement duties. Trump has ordered the mobilisation of these troops but also active duty and ready reserve military police units outside of the DC National Guard. That includes combat units such as the 10th Mountain Division, 1st Infantry Division and the 82nd Airborne Division’s Immediate Response Force. From early in the fray, military intelligence has been providing counter-protest contingency planning information to at least seven National Guard units.

Note that my immediate concern is not about a descent into civil war or the military having to choose sides in such an event. That is something for another day. Here my focus is on the concept and practice of US civil-military relations as an institutional foundation of the nation. If left unchecked or encouraged, Trump’s actions will tear at the institutional and ideological fabric of the armed forces and thereby undermine the implicit contract that lies at the heart of civil-military relations in the US.

That Secretary Esper and JCS Chairman Milley participated in the photo op charade and a subsequent walk-around with the DC Guard, thereby symbolically legitimising its partisan use, demands that they step down. So too should the unit commanders who refused to question the orders coming out of the White House or chain of command, especially those authorising the use of helicopters as crowd control platforms and blunt force against unarmed civilians exercising their First Amendment right. It is one thing for political appointees in civilian departments to bow to the preferences of the president. It is quite another when top military officials do so.

That is why the military risks institutional fracture if it continues to obey Trump’s orders about its deployment in the current context. The rifts could be between “constitutionalists” and “pragmatists” or “partisans.” It could cleave across service branches and/or between officer and enlisted ranks (known as horizontal and vertical cleavages). Ideological cohesion and corporate autonomy could be lost. All of this because there remains a strong virtuous streak in the military that rejects its politicisation for domestic partisan purposes, and yet it coexists with a hyper-partisan leadership and pro-Trump sentiment in the ranks. The constitutionalists need to prevail in any inter-service dispute about their collective future.

To reinforce this message, the time has come for the armed forces command and Congress to prevent an expansion of the US military role in domestic crowd control roles. The institutional integrity at the core of democratic governance depends on it.

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