Posts Tagged ‘Democracy’

On intelligence oversight, a broader perspective.

datePosted on 17:10, April 20th, 2018 by Pablo

The announcement that the Inspector General of Intelligence and Security (IGIS), Cheryl Gwyn, has convened an external Reference Group to discuss issues of intelligence agency oversight (specifically, that of the NZSIS and GCSB, which are the agencies under her purview) has been met with applause and controversy. The applause stems from the fact the Group is a continuation of her efforts to strengthen the oversight mechanisms governing New Zealand’s two most important intelligence collection and analysis agencies. The controversy is due to some of the persons who have accepted invitations to participate in the Group.

The Group is an unpaid, non-partisan collection of people with interest, expertise and/or background in matters broadly related to intelligence and security and their oversight. None are government employees, something that gives them freedom to speak frankly under the Chatham House rules established by the IGIS. The Group is a supplement to and not a rival of or substitute for the IGIS Advisory Panel, made up of two people with security clearances that have access to classified material and who can offer specific assistance on matters of operational concern. However, the Advisory Panel has had no members since October 2016.

The idea behind the Reference Group, which is modelled on a Dutch intelligence oversight counterpart, is to think laterally or “outside of the box” on matters relevant to intelligence oversight. Bringing together people from different backgrounds and perspectives allows Group discussions to gravitate towards areas of common concern, thereby eliminating personal agendas or extreme positions. And because the Group is made up of outsiders, it does not run the risk of becoming slave to the groupthink of agency insiders.

In contrast to the Advisory Panel, the Reference Group does not handle classified material nor discuss operational matters. Access to classified material or operational details is obviated by the fact that the Group’s focus is on the broad themes of accountability, transparency, organizational compliance and the balance between civil liberties (particularly the right to privacy) and the defense of national security as conducted by the lead intelligence agencies. These are matters of legality and propriety rather than operational conduct. And while similarly important, legality and propriety are not synonymous. Often what is legal is not proper and vice versa, and this is acutely the case when it comes to intelligence collection, analysis and usage. Since the IGIS does not oversea the NZDF and smaller intelligence “shops” such as those of the DPMC, Police, Immigration and Customs, the Group will only discuss issues relevant to oversight  of the NZSIS and GCSB.

Who are the members of the Group and why the controversy? The plurality of members are four public interest lawyers, three of them academicians and one an advocate for refugees. Two members are journalists. One is the Issue Manager for Internet NZ, one is the head of the NZ Council for Civil Liberties, one is a former Russian diplomat now serving as the Director of the Massey University Centre for Defense and Strategic Studies (CDSS), one is an economist who chairs Transparency International New Zealand and one is a private sector geopolitical and strategic analysis consultant.

Concern has been voiced about the presence of both journalists as well as the refugee advocate and the loyalties of the former Russian diplomat (although he has held positions at a US security institution as well as the NZDF-funded CDSS). The thrust of the contrary views about these and some of the other participants is that they are untrustworthy due to their personal backgrounds, professional affiliations and/or ideological orientations. An additional reason given for opposing some of the membership is that they have been strong critics of the SIS and GCSB and therefore should be disqualified a priori.

Others believe that the Group is just a whitewashing, window-dressing or co-optation device designed to neuter previous critics by bringing them “into the tent” and subjecting them to “bureaucratic capture” (whereby the logic of the agencies being overseen eventually becomes the logic accepted by the overseers or Reference Group interlocutors).

The best way to allay these concerns is to consider the IGIS Reference Group is as an external focus group akin to a Town Hall meeting convened by policy-makers. Communities are made of people of many persuasions and many viewpoints, and the best way to canvass their opinions on a broad range of subjects is to bring them together in a common forum where they can debate freely the merits of any particular issue.  In the case of the Reference Group the issue of intelligence agency oversight and, more specifically, matters of institutional and individual accountability (both horizontal and vertical, that is, vis a vis other government agencies such as the judiciary and parliament, on the one hand, and vis a vis the government and public on the other); transparency within the limits imposed by national security concerns; and the juggling of what is legal and what is proper, are all set against the backdrop of respect for civil liberties inherent in a liberal democracy. These are complex subjects not taken lightly by those involved, all of whom have track records of involvement in the field and who, given the terms of reference and charter of the Group, are acting out of a sense of civic duty rather than for pecuniary or personal gain.

The IGIS does not need political or agency authorisation to construct such a Group, which has no statutory authority or bureaucratic presence. As a vehicle for interest intermediation on the subject of intelligence oversight, it serves as a sounding board not for the IGIS but for the people on it. In that light, the IGIS has called the Group’s discussion a “one-way street” where participants air their informed opinions about agenda items agreed to in advance and in which the IGIS serves as a discussion moderator and takes from it what she finds useful. Expected to meet two or three times a year over tea and coffee, the Group is not likely to tax the Treasury purse and could well deliver value for dollar in any event.

Critics of this exercise and other forms of interest intermediation or external consultation betray their closet authoritarianism because such concertative vehicles are mainstays of policy-making in advanced liberal democracies. Be it the tripartite wage negotiation structures bringing representatives of the State, labour and capital together (even at the regional or local level), to consultative boards and other social partnership vehicles that connect stakeholders and decision-makers in distinct policy areas, the use of interest intermediation is an integral feature of modern democratic regimes (for an example of the breadth of issues addressed by intermediation vehicles, see Kate Nicholls, Mediating Policy: Greece, Ireland and Portugal before the Eurozone Crisis. London: Routledge, 2015.). To argue against them because of who is represented or because they are seen as inefficient talkfests that are a waste of taxpayer money is just a cloak for a desire to silence broad public input and dissenting views in the formulation of public policy. That may have been the case under the previous government but no longer is the case now.

One of the thorniest problems in a democracy is the question of what system of checks and balances keeps the intelligence community proper as well as legal. As the most intrusive and sensitive of State activities, intelligence collection, analysis and usage must be free from reproach on a number of grounds—conflicts of interest, partisan bias, foreign control, illicit activity or criminal behaviour, etc.—and must be accountable and responsive to the public will. The broadening of consultation intermediators between the NZ intelligence community and the public is therefore a step in the right direction, and for that reason the Reference Group is a welcome contribution to the oversight authority vested in the IGIS.

References: http://www.igis.govt.nz/media-releases/announcements/establishment-of-igis-reference-group/

http://www.igis.govt.nz/media-releases/announcements/reference-group/

Disclosure: The author is a member of the Reference Group. The views expressed are his own.

The political rope-a-dope.

datePosted on 12:39, April 10th, 2018 by Pablo

Older readers will remember the “Rumble in the Jungle” where Muhammad Ali defeated George Foreman for the heavyweight boxing title. Held in Kinshasa, Zaire in 1974, the contest pitted the undefeated champion Foreman, a beast of a man whose stock in trade was brutal early round knockouts of people such as Joe Frazier, Ken Norton and other contenders of the time (the uppercut punch that KO’d Norton earlier in 1974 actually lifted him off of the ground) against an ageing Ali, well past his prime after lengthy suspension when his concientious objection to the Vietnam War was ruled invalid and he was convicted of draft-dodging.

In the build up to the fight Ali pushed the line that he was going to take the fight to Foreman with his superior speed and agility. But Foreman and his trainers knew, based on the workouts Ali allowed the public and media to see, that his hand, head and foot speed were no longer what they used to be, and he could no longer “float like a butterfly and sting like a bee.” The Foreman fight plan was therefore simple: bear down on Ali, cut off escape angles and corner him in the corners and on the ropes, then expose and exploit his slowness in a ferocious and relentless beatdown.

As readers will know, that did not happen. Ali privately trained to absorb body blows and using the lax rules of the boxing federations sponsoring the fight, was able to get the ring ropes loosened to their maximum extent (which allowed up to 12 inches of slack from the bottom to the top rope). Come fight time, this allowed Ali to lean back against the ropes, absorb Foreman’s increasingly frustrated and reckless body blows while dodging the occasional head shot and in doing so conserve energy by not punching himself out in a toe-to-toe brawl.

 

By the eighth round Foreman had thrown hundreds of punches. He was staggering around the ring in pursuit of Ali and physically spent, punch drunk and arm weary from throwing jabs, roundhouses and uppercuts rather than taking them. Once his hands dropped and stayed at his sides Ali pounced, using a series of jabs and hard rights to knock him down and out. It remains one of the greatest sporting upsets–and spectacles–of all time.

I mention this anecdote because it seems to me that we are witnessing a variation on this theme in US politics today. Although it is blasphemous to say so, think of Trump as Ali, his civil and political opposition and mainstream media as Foreman, the courts as the referee and the Republican party and rightwing corporate and social media, including state-sponsored trolls and disinformation purveyors, as the ropes.

In a straight up contest between Trump and the US constitutional system of checks and balances, it would be no contest. The courts, Congress and independent media would prevent Trump from slipping the boundaries of executive responsibility, would hold him to account and would punish him when he transgressed. Given his background and behaviour, he would not make it out of the first round.

But in the US today he has a support cushion in the GOP and rightwing media. Like the rules governing the tension on boxing ring ropes, the strictures governing partisan behaviour and truth in reporting have been stretched to their limits. Every blow he is dealt by the institutional system–the “swamp” as he calls it–is absorbed and countered by a chorus of hyper-partisan hyperbole and media ranting about “fake news,” conspiracies and the “Deep State.” This allows Trump to deflect, weave, dodge and counterpunch his accusers, questioning their character, motives, looks and heritage as if these were somehow equivalent or worse than the activities he has and is engaged in. The courts can only enforce what exists on paper, and since what exists on paper regarding presidential conduct is predominantly an issue of norms, custom and mores rather than legal accountability, there are limits to what they can do as referees in battles between Trump and other institutions.

Put another way: Normally a wayward president could not stand toe to toe with the institutional system of checks and balances without taking a beating. But that assumes that the limits of executive power are codified in law and not subject to manipulation. This turns out to be untrue. Much executive power does in fact answer to the law, at least in terms of how presidential decisions affect others. But much of it is also a product of precedent, practice, custom and tradition, not legislation, particularly when it comes to the president’s personal behaviour. In turn, the limits of presidential behaviour has always rested on the assumption that the incumbent will honour the informal traditions and responsibilities of office as well as the nature of the office itself, and not seek to manipulate the position for pecuniary and political self-advantage and/or personal revenge.

Trump has done exactly that. He regards the presidency as a personal vehicle and has disdain and contempt for its traditions and norms. He realises that he can play loose with the rules because the political constraints that bind him have been loosened by his corporate, congressional  and media supporters. He and his allies are willing to play dirty and use all of the tools at his disposal to thwart justice and destroy opponents.

This is the great irony of US politics. For a country that provides itself on constitutional protections and the “rule of law,” the framework governing presidential behaviour is little more than the ropes on a boxing ring.

For those interested in a return to civility and institutional norms this is problematic but is not the only thing that parallels the “rumble in the jungle.”  Like Trump’s attacks on those investigating him in the FBI and Justice Department, for months prior to the fight Ali poisoned the well of good will towards Foreman. Ali lost his prime fighting years to the suspensions levied on him by boxing associations after he refused to be inducted into the US Army in 1967. Although he never spent time in jail and became an icon of the anti-War movement, he resented the five lost athletic years and those who profited by stepping into the ring during his absence. He particularly loathed Foreman, who he considered to be the white man’s favorite because of his quiet, polite and compliant demeanour out of the ring. He publicly labeled Foreman an “Uncle Tom” and “House Negro” who turned his back on his fellow people of color. Although none of this was verifiable, Ali’s charges resonated beyond boxing circles.

When Ali arrived in Kinsasha he held public training events that were part sparring, part evangelical preaching. He railed against colonialism and imperialism, averred his faith in Islam, lauded African nationalists like Mobuto Sese Seko, then-president of the host country Zaire (and not one known for his affinity for democratic rights), and generally carried on like a bare-chested revolutionary in shorts and gloves. Foreman, for his part, stayed quiet, trained mostly in private and had his handlers speak for him. When they entered the ring on that storied night, the 60,000 strong crowd crammed into the national stadium was overwhelmingly on Ali’s side.

Perhaps Ali’s mind games were designed to help sway the judge’s decision in the event that it was close. Perhaps it was to intimidate Foreman himself. Whatever the motive, there is a parallel to be drawn with Trump’s attacks on his critics and investigators on Twitter, at press conferences and at campaign-style rallies. His ranting serves to raise public suspicion about the critical media and federal law enforcement much in the way Ali’s insults about Foreman had the effect of raising questions about his ethnic identification and personal integrity, something that eventually turned African opinion against him. Could the same happen with Trump’s support base and undecided voters in the US?

It is too early to tell if Trump’s “rope a dope” political strategy will see him triumph over his adversaries. But that leaves pending an open question: is there a person out there that can play Leon Spinks to Trump’s Ali? And if so, is that person named Robert Mueller, or could it turn out to be Stormy Daniels?

One thing is certain. Trump is a big fan of the WWE and likes to fancy himself as a tough guy willing to take on all challengers. However, in this contest, unlike the WWE, the outcome is not pre-determined and the blows are both real and far from over.

In the US, what is needed is a Broad Front.

datePosted on 11:03, February 20th, 2018 by Pablo

The mass murder of 17 high school students and teachers in Florida at the hands of a deranged gunman has once again prompted public outcry about the need for better gun control in a country where gun-related violence is at epidemic levels. Foremost amongst those leading the charge for legislative reform in and around the 2nd amendment are teenagers, led by classmates of those killed and supported by a legion of kids nation-wide who have decided that they will do what their parents could or would not do: confront the National Rifle Association and the politicians in its pocket on the issue of who should have access to firearms, and which firearms should be made legally available to the citizenry.

Sadly, noble intentions notwithstanding, I fear that their efforts may be in vain and the movement will whither and die before any significant change can be made. Think of it this way. In this instance we have a mentally ill teenager kill other teenagers and staff at his former school. Teenagers are largely good if difficult to deal with, but there are enough of them (such as the killer) who push the boundaries of acceptable social convention for nothing more than self absorbed thrills. So one could say that not all of them are the precious flowers they are now being made out to be and that the loss of some teenagers (even if not these), while tragic, does not actually represent a complete waste of untapped human potential. I do not mean to be insensitive or cruel, but instead am trying to put things into context.

Because there are those other incidents to consider. For example, what about Sandy Hook? There 20 primary school kids were murdered along with six staff. These were little kids, still innocent, still wondrous, still untouched and untainted by the distractions of teenage life and attractions of the adult world. And yet, even as then president Obama tried to get the Republican controlled Congress to do something when it came to mentally ill people having legal access to semi-automatic weapons, nothing–as in zero–got done. A movement in their memory was started and yet it failed to gain wide-spread traction across the country. Little kids–precious, innocent kids– were murdered and nothing was done. So why do we think that the deaths of some teenagers will suddenly change the terms of any national discussion about guns?

I suggest that it will not change unless the teenage #NeverAgain movement joins forces with other social movements in what can be called a Broad Front (or, as the Maoists used to say in its original incarnation, “United Front”). The objective is to join together otherwise seemingly disparate groups in common cause. That is because if the #NeverAgain crowd go it alone they can be isolated and divided from, if not against, other mass based collective actors seeking systemic and institutional reform. This type of stove-piping or siloing makes divide and conquer tactics on the part of the status quo easier to accomplish, especially when the teenagers in question are not monolithic on the subject of gun control and may not have the type of national reach that they aspire to (say, for example, amongst adolescents in North Dakota, Idaho, West Virginia or Wyoming, where the gun and hunting culture is ideologically hegemonic).

Instead, what the kids in the #NeverAgain movement need to do is establish links with groups such as Black Lives Matter, the #TakeaKnee anthem protesters, the Women’s March on Washington, LGBT groups, unions and professional associations (including those that represent professional athletes, musicians and other artists), student governments, Hispanic, Arab, African-American, Asian and other identity organisations, religious entities, political organisations, pacifists and peace advocates, medical and psychiatric associations and lobbying groups, chambers of commerce, even local governments. The common cause is rejection of the existing gun culture and the agents of death that represent it in politics, to include the NRA and the media types and politicians who parrot its lines. The Broad Front can then rally around a few simple, good sense-based propositions regarding the who/how/what and whens of gun ownership in a diverse and democratic (as of yet) society. The unifying thread in both facets is the belief that the mental, physical and social costs of the current gun ownership regime far outweigh whatever benefit it may have in terms of personal and collective safety, and that since most of the costs are paid by taxpayers while the benefits are accrued by weapons manufacturers and dealers, the interest groups that represent them and some individuals rather than society as a whole, the current gun culture is reactive rather than proactive in its approach to commonweal costs and biased in favour of death merchants rather than children.

Interestingly, there is a parallel and example provided by the Argentine “Nunca Mas” (Never Again) movement that emerged from the ashes of the military dictatorship of the 1970s and early 1980s and which grouped a wide swathe of organisations in the effort to find justice for those victimised by the junta and to put an end to the culture of impunity that led to the so-called “dirty war” in which so many innocent lives were lost. In name and in broader intent, this is exactly what the English hashtag eponym movement is all about.

Organizing a Broad Front around the #NeverAgain movement will be hard to do but that is what collective action is all about–organizing people by making them think outside of their own personal circumstances and in terms of the collective good. For the #NeverAgain movement there has to be a conscious, deliberate and systematic effort to reach out and establish horizontal solidarity ties with other mass-based organisations and collective agents with agendas for change. There are few subjects that can unite a wide array of ideologically diverse and often narrowly-defined interest and activist groups in a heterogeneous society such as that of the US, but if there is one that can do so, it is the issue of gun control.

And a Broad Front can be made from that.

Do the Greens have a candidate vetting problem?

datePosted on 12:00, January 19th, 2018 by Pablo

12 weeks after the election the Green Party’s 14th ranked candidate in 2017 opts out of politics and joins a morning television program. Shortly after the election it is discovered that one of their new MPs fudged her credentials as a human rights lawyer. Another successful newcomer has a more established social media presence than the business experience she claims to have. The former co-leader was ousted after volunteering (at whose behest is still a mystery) that she committed benefit and electoral fraud when younger.

The first three people replaced seasoned politicians such as Kennedy Graham, who capably handled his MP responsibilities (Mojo Mathers, an eloquent champion of the disabled, just missed out entering parliament at number 9 on the list, having been leapfrogged by neophytes at numbers 7 and 8). Two of the three new candidates mentioned above come from well-to-do Auckland backgrounds (which is a stretch from the traditional Greens grassroots) and share with the third (another Aucklander) a complete lack of political experience other than undergraduate degrees and campaigning for office. The unsuccessful list candidate-turned-TV-bubblehead recently is quoted as saying that her single greatest moment was to be invited onto a TV dancing show rather that being selected as a candidate for a party that she once said she felt “passionate” about.

Let me clear that I am sure that the ACT Party attracts weirdos and self-aggrandized liars in droves, and that even the two major parties and NZ First could well have people with inflated resumes and/or dubious backgrounds on their MP rosters. But I expect more from the Greens because they are supposed to be the truth that speaks to power in parliament and the idealists who hold parliamentary cynics in check as well as keep Labour honest from the Left side of the table. So I am a bit disappointed by how things played out in the run up and aftermath of the election.

Beyond the fact that all the list shake ups in 2017 managed to do is lose the Greens votes when compared to the previous elections (11 percent and 14 seats in 2011, 10.70 percent and 14 seats in 2014 to 6.3 percent and 8 seats in 2017), they also resulted in the Greens being the third-party step-child in the Labour-NZ First led government coalition. The distribution of cabinet seats is evidence of that (no Green minsters in a 20 member Cabinet). The Greens may claim that the 2017 list was the “strongest ever” but if so the strength being measured did not translate into votes or political power. In fact, one can argue that their strength, such at it is, lies in the first six names on the list, with what followed being a mix of opportunistic shoulder tapping for newcomers and insult to steadfast old-timers.

Renovation and rejuvenation are always part of any Party’s reproductive process, but in this instance what resulted was a political still birth.

Given what I outlined in the first paragraph, I think that to some degree this is due to poor candidate vetting and selection processes within the Greens. In 2017 the operative campaign logic appeared to be about style over substance and the seemingly naive belief that everything a candidate claimed to be true about themselves was in fact true. This is dangerous because not only do political opponents have the means to verify candidate claims in a hostile manner (as was seen in the case of the human rights lawyer), but it leaves the Party exposed to ridicule and marginalisation should candidates with doctored or inflated resumes be shown to be inept or incompetent in fulfilling roles assigned to them because of their supposed expertise.

Again, this is of no consequence when we talk about blowhard parties like ACT. Nor do I wish to be mean to the people in question (I simply think they needed to spend more time honing their political skills by working for the party and/or in public policy-related fields). But the Greens worked hard for two decades to be taken seriously on the national stage and it would be a pity if they squander the gains made by allowing unqualified candidates/MPs to champion their cause without proper due diligence having been done on their backgrounds. Because at the rate they are going (losing more than four percentage points compared to the previous two elections), the Greens risk following the path of the Maori Party into political oblivion.

A matter of insubordination and contempt.

datePosted on 14:00, December 22nd, 2017 by Pablo

In her latest annual report, Inspector General of Intelligence and Security (IGIS) Cheryl Gwyn detailed that the NZSIS unlawfully collected Customs data on thousands of travellers from 1997-2016. This bulk collection was not done under warrant and was instead done on industrial scale: anyone who passed through New Zealand ports of entry during this time period can assume that their personal data was “harvested” by the New Zealand Security Intelligence Service (NZSIS) for its own purposes. Current NZSIS Director Rebecca Kitteridge defended the practice as a necessary part of fighting terrorism (which presumes that SIS concern with terrorism started in 1997 if her claim is correct) and maintains that legal advice at the time made the SIS believe that the practice of bulk collection was lawful. Think about that–warrantless indiscriminate collection of the personal information about thousands of people was deemed, if we are to believe the Director, lawful by the best in-house legal minds within the NZSIS. This happened even though the NZSIS Act was revised several times during the time in which the unlawful bulk collection occurred, so it is clear that when it came to warrantless access of traveler’s personal information, be they citizens, visitors, immigrants or officials, the senior staff in the agency thought that it was fair game–or at least thought that they could get away with it. One gets the impression that this is the same legal team that thought it was lawful for the GCSB to spy on Kim Dotcom after he gained permanent residency–a practice clearly prohibited in the GCSB Act in force at the time of the illegal wire-tapping. Perhaps it is time for these legal geniuses to step down.

IGIS Gwyn also noted that the NZSIS refused to cooperate, impeded and/or raised obstacles to her search for primary documents related to the unlawful monitoring of travellers as well as on other issues. Let’s be clear on this: New Zealand’s primary human intelligence agency deliberately impeded the work of the main oversight officer to which it is responsible. This, in spite of legal requirements to do so. The answer to this contempt for their statutory obligations may rest in the fact that under the current SIS Act the maximum penalty levied on the NZSIS for unlawful acts (of which obstruction is one) is NZ$5000–payable by the agency, not the individuals who authorised the unlawful acts or who refused to cooperate with the IG’s requests.

Although I find it very hard to believe, let us assume that SIS managers who authorised the mass tapping of Customs data were doing so in good faith while under the impression that the practice was lawful. If that is the case, they should be reprimanded and counselled on their statutory obligations. But those who obstructed or impeded the IGIS’s work need to be fired. In fact, if they are not, then Director Kitteridge needs to either resign or herself be dismissed. That task falls to Andrew Little, the Minister responsible for Intelligence and Security. Yet, although he has made some noises to the effect that he expects the agency to comply with IGIS requests, he has made no moves to punish those responsible for this blatant disregard for and defiance of the intelligence oversight process.

It is now abundantly clear that even though the IGIS is better funded and staffed and has better powers of proactive as well as post facto investigative authority (ostensibly including the powers of legal compulsion) than her predecessors, her office remains effectively marginal, if not subordinate to the bureaucratic logics internal to the agencies she oversees. These logics are founded on a deliberate opaqueness when it comes to transparency and statutory compliance and a deeply ingrained disregard for external advice, scrutiny or oversight. The old boys club will do as it sees fit to do regardless of the arrows slung by nosy outsiders. They are the gatekeepers and guardians of the secrets, and it is they who decide what is proper and what is not when it comes to legality and oversight adherence. Perhaps in this particular case the SIS managers do not like Ms. Gwyn or her somewhat unconventional career path on the way to becoming IGIS, but even if that is true their personal feelings have no place impeding the effective discharge of her duties.

The problem of ineffectual oversight of the NZ intelligence community (NZIC) highlighted by the IGIS’s frustrations with SIS obstructionism is rooted in a bureaucratic culture of impunity within the SIS and GCSB and in the lack of strong parliamentary oversight. The Select Committee on Intelligence and Security (SCIS) remains a highly partisan paper tiger devoid of real compulsion or enforcement authority. For their part ministers responsible for intelligence and security such as Andrew Little are all to often reluctant to confront spies about their excesses, when not prone to “bureaucratic capture” by them (a situation where an ostensible overseer becomes captivated by the logics and rationales of  subordinates with specialised expertise in a given policy field, leading to a lack of critical appraisal and independent review of actions taken in that field). Some of this may be due to the history of politicization that surrounds the SIS, which often appears to serve the government of the day rather than the common interest (in which case Mr. Little’s soft response has a politically opportunistic basis). But most of the oversight failures when it comes to the NZIC is grounded in the lack of effective and enforceable legal authority granted to the IGIS and the SCIS.

The only answer to this culture of insubordination and contempt within the NZIC, in this case specifically the SIS, is to hold individuals legally accountable for their actions. For example, rather than levy paltry fines on the SIS for its unlawful activities, the fines should be increased 20 fold and levied against the individuals who either knowingly ordered the illegal project(s) and/or who deliberately obstructed, concealed, tampered with or otherwise impeded the IGIS investigation into their activities. Likewise, the SCIS needs to become a dedicated organ of Parliament with its own professional staff and dedicated funding so that it can be come an independent research and investigatory arm answerable but not subordinate to the government of the day. The political appointments at the top could remain as stands (five members, the PM and two members nominated by him/her plus the Leader of the Opposition and his/her one nominee). Or it could be revised to include leaders of parties who reach a significant electoral threshold (say, ten percent of the popular vote). Either way, the SCIS should be provided powers of compulsion under oath, arrest and other means of legal enforcement of its oversight mandate so that the NZIC understands that it answers to the people of Aotearoa via elected officials as well as the IGIS, not the other way around.

The new Labour government has a golden opportunity to promote effective reform of the NZIC armed with the justification provided by Gwyn’s report on the SIS. Much like rot, there is a culture of contempt as well as impunity amongst at least some senior staffers in the NZIC that needs to be extirpated and replaced by those who understand that in a democracy it is not the spies who determine what is lawful and what is not (or for that matter, what is secret and what is not), but instead it is the specialized oversight agencies entrusted by the people and grounded in law (such as when it comes to definitions of national security threats) who do so. But for that to be the case, the oversight agencies and mechanisms need teeth, and it is exactly that which continues to be missing from the current oversight scheme.

In my final interview in the “Letters from America” series with Mitch Harris at RadioLive, I reflect on the Alabama senatorial election, the plight of Rex Tillerson, the attempts to undermine the Mueller investigation into Russian interference in the 2016 US election and a few more things. After five months, it is time to go home.

One notable aspect of contemporary US politics is the re-emergence of so-called culture wars. Orchestrated by Steve Bannon, assorted alt-Right platforms and Murdoch media outlets in response to what could be called the de-WASP (White Anglo Saxon Protestant)-ification of US society, the conflict is centered on symbols and messaging. The regression into appeals to tradition, “culture” and “values” (read: white privilege) is a modern version backlash against what author and sociologist W.E.B. Du Bois (1868-1963) called “good Negro government” after the Reconstruction Era in US history (1863-1877). The theme that today’s culture wars hark to the backlash against “good Negro government”  has been picked up by the writer Ta Nehisi Coates in his latest book “We Were Eight Years in Power,” where he argues that Trump’s electoral victory in 2016 was in large part due to white voters fears that Barack Obama had conclusively proved that people of color could run the federal government competently and that whites could no longer claim that colored people were ill-suited, emotionally, tempermentally, intellectually and culturally, to govern. It is one thing to have “good” Negros portrayed as equals on TV shows. It is quite another for them to actually wield power over whites.

Du Bois outlined his thoughts on “good Negro government” by watching the sequels to post Civil War reconstruction in the South, in South Carolina in particular. After the civil war US authorities mandated a period of social reconstruction in the defeated Confederacy in which free slaves were, by federal mandate, integrated into municipal and state governments and other social institutions. This forced intervention was designed to lay the foundations of a more egalitarian Southern society, and in many instances free Negros took up managerial positions in a variety of public and private agencies. However, after Reconstruction and federal government intervention ended (along with the withdrawal of federal troops), Southern states set about undoing the social changes that it had wrought. In 1895 South Carolina held a state constitutional convention in which most of the gains made by blacks were reversed and they were legally reduced to second class citizens prohibited from holding political offices and purged from public and private bureaucracies. This was also the time when the Klu Klux Klan was founded (as an extrajudicial enforcement arm of the socially revanchist South), the period of building monuments to heroes of the Confederacy was begun and the foundations of Jim Crow were laid.

For Du Bois, this backlash demonstrated that what White Southerners feared most was not a “bad Negro government” rife with incompetence and corruption, something that was already evident in pre-war Southern white governments. Instead, the greatest fear of Southern whites was of “good Negro government” that did the things that only whites were purportedly capable of doing due to their supposedly superior attributes. To that was added the battlefield record of black Union troops, who Southerners thought would be cowards and run from battle but who instead proved to be very competent soldiers, and the fact that instead of rioting, raping and pillaging once they were freed, former slaves went about peacefully rebuilding the South without major problems of their own (in fact, the majority of violence during the Reconstruction was white-on-black as white Southerners resisted treating recently freed slaves as equals).

This combination of factors destroyed the myth of white supremacy that Southerners clung to, so legislative reforms such as the 1895 South Carolina constitution were enacted in order to restore and enshrine the “proper” racial hierarchy under slave-free conditions. In effect, although unable to return to slavery, post-reconstruction legal reforms that restricted the citizenship and human rights of free slaves amounted to an early American version of apartheid, the origins of which were rooted in the fear of usurpation of white privilege.

Coates sees the Trump phenomenon as a repetition of the fear of “good Negro government.” The election of Barack Obama and the success of his administration in the face of disloyal opposition by Congressional Republicans and the Right-wing media was a nightmare for white (mostly working-class male) social revanchists who had been forced to suppress their racism and bigotry since the 1960s, when the Civil Right Act (1964), opposition to the Vietnam War and the adoption of anti-status quo and “countercultural” lifestyles upended traditional hierarchies. In the ensuing 40 years the white wage labouring classes have seen their social status eroded along with their jobs vis a vis competitors, most of them people of colour, emanating from home as well as abroad.

Objective explanations for white working class decline offer no relief to those suffering within it. It is bad enough for them to have to compete on US wages with undocumented immigrants and foreign wage slaves. It is particularly bad for them to have to compete with robotics and other aspects of computer generated productive automation. They have to find explanation for their plight in something other than the inevitable progression of US capitalism in a globalised system of production, communication and exchange. For the white demographic in decline, the answer to their plight lies in no fault of their own under conditions of capitalist competition, but in the social changes occuring corollary to it. That is, the explanation for white decline has to be socio-cultural rather than structurally capitalist in nature, specifically seen in the decline of WASP “values” and emergence of non-WASP perspectives as dominant influences in contemporary US society.

In that light the election of Barack  Obama to the presidency and his subsequent success at mastering the art of governance compounded white social revanchist fears by promoting and celebrating Hispanics, Asians, gays and other minorities in leadership roles in government, business, academia and communities, and by openly embracing minority cultures as part of the mainstream of US society.

Steve Bannon has seized on this to lead the cultural charge in support of “tradition” and against “unAmerican” values, which are now open code words for a return to white supremacy. He and his political acolytes have been successful in orchestrating a pushback that has prompted a regression in US social development, with a white backlash against the gains made by minorities of all persuasions now growing stronger than in the previous three decades. The cultural wars are between an ascendant multicultural, multi-ethnic, poly-religious yet increasingly secular, pro-choice, pro-gun control, pacifist, sexually diverse and egalitarian-minded, “keep your hands off unless invited,” post-modern demographic with a rationalist and normatively relative global perspective, on the one hand, and a monocultural, white dominant, Judeo (but mostly) Christian, heterosexist, patriarchical, sexually aggressive hands -on, pro-gun, militarist, anti-choice, anti-science, industrial, xenophobic, normatively absolutist and economically insular demographic on the other. For the moment, the struggle is even but the numbers do not lie: given current and projected birth rates, the Bannon target demographic is in decline.

The last time there was a cultural clash in the US anywhere similar in scope was in the mid-60s. Until the early 60s the US was run in the image that Bannon and Trump supporters now hark back to: Dad at a good paying manufacturing job that allowed him to own his own home, Mom happily tending to the domestic front, both regularly attending a Christian church with 2.2 kids and a car in every garage (or, for those who may remember such things, basically operating as Ozzie and Harriet of 1950s TV fame).

But the 1964 Civil Rights Act, opposition to the Vietnam war and counter-cultural lifestyles pushed by rock music broke the consensus on the national myth and prompted a major ideological struggle. In that instance, progressive forces won over the rednecks and defenders of tradition. Now the struggle is being repeated but is sparked, as it were, from the other side–conservative whites are pushing back against the progressive secularization and egalitarianism of US society, as exemplified by Barack Obama and his good Negro government. The champion of these social revanchists is Trump, but it is Bannon who is the puppeteer.

There is a popular saying in the US these days: “Stay in your lane.” It is taken from car culture and references highway traffic dynamics. But it has a subtext of implicit or threatened road rage and it is in fact a substitute for “know your place.”  “Stay in your lane” is now used widely to address stroppy females, uppity Negros, recalcitrant children, surly teens, overly camp gays or butchy lesbians–basically any minority individual or community that dares to challenge WASP conventional wisdom about social hierarchy. For Steve Bannon, who has been doing the rounds of talk shows and conservative conventions this past week, it is all about getting the usurpers of white privilege to either get back into their traditionally prescribed roles or return to hiding.

Bannon believes that his 20-25 percent of the electoral base is homogenous, scared and united through social and corporate media. It is a short term vision, but given the uncertain shadow of the future it is possible that short term political gains based on a socially revanchist ideology could seep into the broader electoral fabric. Whatever their antipathy towards Trump aand the GOP, his opponents are heterogeneous, hopeful and yet fractious and divided. The erosion of horizontal solidarities in an age of ideological individualism is abetted and pushed by adavances in telecommunications technology–the same technology that social revanchists use so effectively.  Bannon has already invited Democrats to continue to play the identity politics game (and there is a lesson for New Zealand here), because that allows him to successfully impose the weight of his demographic against those aligned against it. The Bernie Sanders/versus Hillary Clinton campaigns show one end of the “liberal” internecine division in the US; the feminist arguments about the #metoo hashtag show another. There are many more sources of liberal/progressive cleavage, and in Bannon’s eyes they spell “Achilles Heel.”

The success of the cultural wars pushback is concerning. The Right-wing (including alt-Right) media, both corporate and social, have very much influenced the discourse with their attacks on the Obama legacy (him being “weak” in foreign affairs etc.) and in their support for Trump’s demeanour and his dismantling of that legacy via Executive Orders. The impact is real. Things that one would have thought were done and dusted years ago–arguments about gender differences as they apply to employment and wages, racial differences as they apply to law and order, whether being native born as opposed to foreign born should be a criterion for security clearances, are homosexuals trustworthy with kids, what constitutes patriotism, etc.–are now back in the public domain in a measure not seen in decades.

All of which is to say that things in the US are pretty tetchy at the moment, and the possibility of physical conflict between those who embrace “good Negro government” and those who fear it are quite real.

Let us not think that this is exclusively a US problem. Be it in the “I told you so” comments of white South Africans or Zimbabweans about the bad Negro governments that followed the abolition of white supremacy in those countries, or in the similar comments about poor governance of black-ruled cities like Detroit or the District of Columbia in the US, or those who point to problems with aboriginal self-governance in the Northern Territory, there are many who find comfort in black failure and find threats in black success. That is true for some quarters in Aotearoa, where the possibility of “good Maori government” or “good Pasifika government” is dismissed out of hand not so much because of their outright impossibility due to some instrinsic traits of those involved, but because of Pakeha fear that they could do no worse, and perhaps even better than Pakeha dominated government.

Let’s remember this if there is pushback against the notion of “good Negro government” in New Zealand.

Mitch Harris and I continued our weekly radio conversations from the US, this week discussing Harvey Weinstein, reports that Trump is  mentally “unraveling” and how the Mueller investigation into possible Russian interference in last year’s US election is progressing. Theme of the week might as well be “the more things change, the more they stay the same.”

Letters from America, take seven: Dark Irony.

datePosted on 07:50, October 4th, 2017 by Pablo

The fact that a country western concert in the US was the target of yet another mass murder spree by an automatic weapon- toting white man is darkly ironic given that country western fans tend to be ninety percent white, predominantly middle and working class, republican in political orientation and a core demographic of the National Rifle Association (NRA) and the Trump support base. They are known for wearing and displaying US (and confederate) flags along with cowboy boots and hats, and indeed many of the victims were clad in patriotic-themed apparel.  The guns used were apparently US-made semi-automatic assault rifles converted to fully automatic by the use of converter kits known as “bump stock” kits (which provide an anti-lock override mechanism attached to a short stock that allows the shooter to hold the trigger down and use the recoil to simulate an automatic setting). The shooter used extra capacity magazines, which are legal in Nevada, as are the conversion kits. In fact, the weapons, ammo and conversion kits can be purchased at the same time in any gun store. Truth be told, a converter kit is not always necessary. A simple file can be used to file down the spot welds that often are the only thing preventing a semi-automatic weapon from becoming fully automatic, especially on older model combat weapons like AK-47s and M-14s.  In any case, semi-automatic weapons are classfied as hunting weapons so purchases do not need to be entered into a federal databank (as some states require automatic weapons to be).

The entire cache of weapons, amunition and acessories stockpiled by the killer were legal. And since he had no prior criminal convictions, so was his possession of them.

With the exception of some rightwing conspiracy types who claimed that the killer was a Muslim convert, and Daesh, which tried to claim credit for the attack, no one in a position of authority is claiming that this was an act of terrorism.

I tend to agree with this assessment even though people in the killing field were clearly terrorized and many more traumatized by what they experienced. Beyond the motivation-versus-effect argument about how to define terrorism, the hard fact is that here again we have another example of a white male getting a pass on the “terrorist” label. Be it in Sandy Hook, Charleston or Colombine, white males who commit mass murders, even when motivated by racial, political or religious animus, are described as mentally ill, insane, maniacs or lunatics. They are not called domestic terrorists.

That is not the case when people of color engage in similar acts, even though the majority of mass murders with guns in the US are committed by white males. Plus, by definition someone who undertakes such acts has to be at least a little bit mentally out of kilter. So why call some US mass murderers crazy and some cold-blooded terrorist killers? Given the level of planning put into the Las Vegas attack, it can be argued that the perpetrator was much less nuts than many other murderers. Yet the “T” word will not be used on him even though what he did was deliberate, calculated, well-planned and executed and designed to have the maximum lethal effect on what was a carefully chosen mass target.

We shall see what set off him off.  It might be gambling debts, a romantic breakup or a psychopathic meltdown rather than a political or musical grudge. He clearly knew what he was doing, and he acted in premeditated fashion. So the forensics on the event will be interesting. Less so is the tragedy porn now playing 24/7 on US television screens, where tales of human misery and pathos, be it man-made (Las Vegas) or natural in origin (Puerto Rico) are on repeat loops for the morbidly obsessed (I am in the US on an extended sabbatical so am getting to live this in real time).

What is noticeably absent from the official police statements and pretty much all of the hourly “news” coverage is any discussion of gun laws that allow an individual to amass 30 or so automatic firearms, thousands of rounds of combat grade ammunition and precursor chemicals for explosives. Instead, the coverage is all about the shooter, his motivations and the wonderful character and/or heroism and/or sacrifice of all of his victims. Leave it to the “liberal” talk show hosts to address that elephant in the room, and leave it to the rightwing media and politicians to make the discussion about gunowners rights as opposed to the victim’s rights that were so brutally violated.

That is why I have no illusions that anything good will come of this. If nearly 30 kids can be murdered in Sandy Hook and nothing gets done in terms of gun control, and instead rightwing freaks saturate social media with claims that it was a government conspiracy hoax done to take away guns from law abiding people (like the Las Vegas shooter), then there is little hope that the president or Congress are going to do anything to change the status quo just because some good ole boys and girls got the hot lead hose down by a disgruntled accountant. This is especially true since Republican congresspeople and the president have received large sums of campaign (if not other) money from the NRA.

It is, however remotely, possible that because of who he targeted, the Las Vegas killer might have sparked a pang of conscience in the gun lobby and the politicians who pockets are lined by it. If that is the case then the victims will not have suffered and died in vain. But for the moment one can only repeat what has been said many times before: the time for thoughts and prayers for the victims is over. The time for action on gun control is long past due.

This week Mitch Harris and I talked about Trump’s  attacks on the so-called “take a knee movement,” his lack of compassion for the Puerto Rican victims of two hurricans and the increasingly risky rhetoric he uses vis a vis North Korea. It can be found here.

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