Posts Tagged ‘Democracy’

In defence of public ostracism.

datePosted on 14:40, June 26th, 2018 by Pablo

Public confrontations between Trump officials and activists, ordinary citizens and at least one restaurant owner have reignited the debate about “civility” in political disagreement. The editorial boards of leading US newspapers and Democratic leaders have called for restraint and asked those with anti-Trump opinions to refrain from harassing or confronting Trump officials in the public space when the latter are in a private capacity (such as eating in a restaurant). They claim doing so will play into Trump’s hands by reinforcing the narrative that the “Left” is an unruly mob uninterested in the right to privacy and free speech.

That is nonsense.

This is no longer a situation where taking the moral-ethical “high road” when the opponent goes low is practically effective. The “high road” strategy has not worked in the US since the Reagan days, when Republicans adopted a “stop at nothing” approach to politics that eventually produced the Trump presidency. Time and time again Democrats and progressives have been trumped by a disloyal Rightwing armed with unsavoury and unethical tactics such as Swiftboating and race-baiting. The situation at present is an ethical nadir that calls for what game theorists define as a “tit for tat” strategy: open with a cooperative (read: civil) move, then repeat the opponent’s move (with a turn to cooperation by the opponent rewarded for it). When Trump was elected the Democrats and public at large waited to give him the benefit of the doubt and some political space to prove his opponents wrong. He responded by proving them right and turning the White House into a cesspit of incivility, aided and abetted by a coterie of surrogates, advisors and sycophants who all share his sociopathic tendencies. Thus the proper retort is to respond in like kind, albeit with a twist.

Let’s begin with the fact that the US “Left” or what passes for it is of the soft (non-violent) persuasion. For all the talk about Antifa and Trotskyites smashing things, the bulk of Left violence is the garden variety protest march-turned-small riot where either a few provocateurs try to incite a bigger riot by breaking windows, looting and/or assaulting police or opponents (because most of the “militant” Left rallies are in fact counter-protests against white supremacists and neo-Nazis); or the Left protestors engage with Rightists in physical confrontations using sticks, bottles, Mace, edged and other improvised weapons (the Right does in fact bring firearms to many protests and its adherents of course have used them on more than one occasion, but the majority of the Right-on-Left fights involve variants of basic hand weapons). There have been no assaults on Trump officials and no attempts on the lives of anyone in his administration.

The US Left is mostly about shouting slogans and making witty placards against the status quo; the US Right is mostly about threatening or carrying out violence in defence of racial and ethno-religious supremacy. So when it comes to civility or the lack thereof, it is not the Left that is the problem.

Then take the Trump administration itself, which is anything but “civil.” There are two dimensions to its incivility: its policies and its tone. Trump and minions like Sarah Huckabee Sanders regularly use insults, character assassination, dog whistles, stereotypes and slander to belittle and undermine opponents and critics (and allies!) at home and abroad. The list of such is far too long and readers will be all to familiar with them for me to recount here. This is an administration that thrives on the politics of personal attack and which regularly sets new lows when it comes to Executive discourse. In fact, the immediate response of both Sarah Sanders and Trump to her denial of service at a restaurant (where her presence was opposed by the majority of staff) was to use their official Twitter accounts to disparage the establishment and its owner. In effect, Trumpsters whining about being confronted in their private time is just a case of crocodile tears on the part of bullies unaccustomed to being personally called out on their behaviour.

Add to that its callous disregard for fundamental ethics on a number of fronts (conflicts of interest, disclosure of confidential material, use of taxpayer money for private pursuits), and what we have today is the most uncivil US administration ever. Heck, Trump makes George W. Bush look dignified and smart and Richard Nixon look honest and statesmanlike, so there never again can be an argument as to who is the worst US president of all time. If nothing else his record when it comes to incivility will be hard to beat.

Then there are the policies of the Trump administration and the ways in which they are implemented or attempted. The Muslim ban, the ban on transgender military service, the opening up of wild lands to fossil fuel exploration, the withdrawal from international treaties and agreements, the removal of protections for disabled people, the cutbacks in funding for special education, denial of climate change and removal of scientists from White House offices, the edict to engage in forced separation of undocumented immigrant families–these and many more policies are underpinned by overtly racist, classist, misogynist, xenophobic and authoritarian attitudes that reek of contempt for the institutional process, the meaning of public service and the basic democratic principle of public accountability.

More importantly, Trump administration policies are mean in intent and consequence. They are designed to hurt rather than help people. They are designed to use the power of the federal government to punish and oppress outlier groups and reward and advantage insiders. They are blunt instruments of malevolence aimed at pounding the body politic into complying with a vision of society based on hierarchy, hate, privilege, stratification and self-interest/greed. In word and deed, Trump and his cabal hurt tens of thousands of people on a daily basis and make no apologies for it.

So what is so civil about that? And why should we be civil to them in return? Is not staying silent in the face of official incivility submission or acquiescence to it? I believe that it is.

Instead of silence, I think that we should make things very personal to every single Trump minion, surrogate, spin doctor, media acolyte, political donor and corporate toady. The message, delivered up close and personal, should be that the policies of hate and greed have no place in a secular cosmopolitan society and the politics of personal attack can work two ways. In this case the attack is not physical even if confrontational: the Trump entourage need to understand and feel in their personal lives the discomfort of threat and opprobrium. The repudiation of Trump policy needs to be made personal to them because both the administration lackeys as well as the foot soldiers implementing their policies believe that they are personally immune from liability or accountability.

Those at the top believe that the office of the presidency protects them from personal reproach, and those at the bottom believe that anonymity protects them from individual retribution. If we cannot confront the originators of bad policy in the public space and their personal lives and if we do not equally confront the enablers and implementors of uncivil policies, where is dissent and opposition heard? The courts, which are increasingly stacked with Trump appointees? Congress, where both chambers are controlled by the entity formally known as the Republican Party but which is now a Trump coat-tail and rubber-stamp machine?

No, the time for civility ended a while ago. The truth is that “civility” in political discourse has been eroding since the Reagan era, mostly thanks to the antics of the media and Political Right. So the calls for Left civility are both hypocritical and self-defeating because they work to silence those who wish to stand up to political bullying while ignoring the bullies themselves.

Mind you, I am not talking about physically attacking people or confronting their dependent children in any way. I am not advocating people go out and deliberately harass  Trump administration officials. What I am defending is the practice of calling out those responsible for despicable policies regardless of place. If we are going to ostracise or “name and shame” sexual offenders, local fraudsters, animal abusers and assorted other low-lifes and miscreants who are not in the public eye, why should we defer from doing so to those that are?

The best way to drive home to Trumpsters the fact that their actions have negative consequences is to make things personal understanding that timing and place need to be factored into the equation in order to be effective (e.g. yelling at people outside of church or at kid’s sporting events may be counter-productive while a quiet or polite rebuke in a parking lot may make the point better. There are plenty of ways to be direct and personal without seeming creepy or unhinged). It is not as if these agents of misery are constantly exposed to public wrath. They have enough time to enjoy the bubble and echo chamber that is their political support base in and outside of the institutions of office. They have the option to defend themselves via argument or escape, and many have bodyguards to buffer them from physical aggression. So let’s stop this nonsense about civility and lets make things real: in order to gain respect one has to give respect. In order to be treated with civility one must be civil as well. And if one disrespects entire groups of people and ruins the lives of thousands while catering to the baser instincts of the minority that are one’s political adherents, then better be prepared to hear about it in person.

Because civility is not about silence or submission. It is about consent. And when consent is lost, then civility includes the right to make personal to those who rule the reasons why.

A return to the banality of evil.

datePosted on 13:17, June 20th, 2018 by Pablo

When Hannah Arendt wrote about the “banality of evil” in Nazi Germany, she was referring not to the leaders but to the thousands of bureaucrats, soldiers, civil servants, cops, tax collectors and everyday citizens who went along with the Nazi project or simply said that they were “following orders,” “doing their jobs” or being “good citizens.” The Nuremberg trails put paid to those excuses.

Today in the US we have a variant on the theme. It may not quite be holocaust in size, but the forced separation of children from undocumented parents in order to use them as pawns in Drumpf/GOP attempts to extract Democrat concessions on immigration reform (pay for the wall, etc.) is abhorrent nevertheless. And while attention rightfully is focused on Drumpf and his minions, my question is this: who are the people who are enforcing this wretched policy? These are the people who take the evil abstract of forced family separation and turn it into executable action via bureaucratic procedures and regulations (e.g. wearing of surgical gloves when handling detainees, using female agents to process women, providing water and x amount of calories via solid food at regular intervals, etc.). Who are the border patrol, local law enforcement and homeland security agents and private contractors who are doing the actual separation and detention of children in cages? Are they doing this because they agree with Drumpf, are racists themselves or are just plain psychopathic? Or are they going to tell us that they are only following orders and doing their jobs?

Until we make those carrying out this atrocity as personally responsible as Drumpf, Sessions, et.al, we will continue to see the steady undermining of the moral foundations of the Republic. Make no mistake about it: these enforcers of the morally reprehensible are neighbours, friends, family members and church goers who go about their lives as if all was normal. And that is exactly what Arendt was describing. It is the banality of such evil that eventually makes it normal.

Less NZ readers think that it cannot happen here, just hark back to the Police invasion of Nicky Hager’s privacy in search for the elusive “Rawshark” source. You may recall that I wrote a post about how the cops used Customs, Immigration and airline companies to obtain the personal data of thousands of passengers who flew on certain dates between Auckland and a foreign country where the Police suspected Rawshark was vacationing. None of this was done under warrant, but instead, just as in the case the banks that gave up Hager’s financial records so readily, they did so willingly upon request. All of those involved will defend their actions as cooperating with the Police but in fact they were under no obligation to do so without a warrant. But they did.

We now learn that a private security firm has a hand in glove relationship with NZ public agencies in spying on people who pose no threat to national security, and that in fact the private security firm may have business steered to it by a NZ intelligence agency in spite of the obvious–or at least appearance of–conflict of interest. Here as well we have a case of people just doing as they are told without consideration of the ethics or morality about what they are being told to do, some in pursuit of profit and some for reasons known only to them. They are following orders, doing their jobs, chasing leads and tip-offs without consideration of the fact that what may be legally permissible (or at least not outlawed) may not be morally or ethically proper.

These, in sum, are Kiwi examples of evil gone banal. And there are bound to be others, so perhaps the abomination that it is the Drumpf policy of separating undocumented asylum-seeking families at the southern US border should serve as a reminder to New Zealanders as to the depths to which a nation can plunge if it allows that evil banality to become the new normal.

Cherry picking on Chinese influence.

datePosted on 11:32, May 29th, 2018 by Pablo

Concern about Chinese influence operations in Western democracies has increased over the last few years, including here in NZ. The concern stems from the fact that, although not espionage or intelligence gathering per se, such operations–which involve money spent on individuals and organisations, establishment of pro-China fronts and media outlets, and placement of individuals linked to or controlled by the Chinese Communist Party in positions of corporate and political importance–corrupt Western democratic systems and undermine the political, social and economic values that underpin them.

The impact of Chinese influence operations has been the subject of considerable discussion in Australia, to the point that politicians have been forced to resign because of undisclosed ties to Chinese interests and intelligence agencies have advised against doing business with certain Chinese-backed agencies. As usual, the NZ political class and corporate media were slow to react to pointed warnings that similar activities were happening here (people may remember my essay on a Chinese fifth column from a few years ago). It was not until Canterbury University academic Anne Marie Brady published an essay last year on so-called Chinese “magic weapons” that the extent of Chinese influence in the local political and corporate worlds was revealed and became a matter of public interest.

It is significant that Brady’s work was first published in the US for a think tank focused on Chinese international affairs, and her first public exposure happened in Australia at a parliamentary committee hearing. That is because, unlike the US and Australia, NZ politicians are not particularly interested in digging into the nature and extent of Chinese influence on the party system and government policy. This, in spite of the “outing” of a former Chinese military intelligence instructor and academic as a National MP and the presence of well-heeled Chinese amongst the donor ranks of both National and Labour, the close association of operatives from both parties with Chinese interests, and the placement of well-known and influential NZers such as Don Brash and Jenny Shipley in comfortable sinecures on Chinese linked boards, trusts and companies.

As I have written before, there is enough to this pattern of behaviour to warrant scrutiny from NZ intelligence agencies and the police. But we also need to put Chinese influence operations in perspective. How are the Chinese any different than the Indians or Polynesian groups when it comes to infiltrating political parties, other than the amount of money available to them? How are these influence operations substantially different than those of other governments such as the US, which funds an array of scholarships, visitor programs, parliamentary delegation junkets and the like? How are Chinese backing of friendship and solidarity groups different than those backed by other foreign governments? How is Chinese corporate fund raising, “fact-finding” and conference travel and other ear-bending efforts any different than the lobbying of corporations, business associations, advocacy groups, etc.?

The answer seems to be that the Chinese are authoritarian, have lots of money to spend on making friends and influencing people and do so in a clearly transactional fashion, much as they do via their chequebook policy in the South Pacific. The implication is that they engage in corrupt practices when necessary and will not adhere to the strictures of democratic governance other than as lip service when it comes to pursuing their interests. Since NZ is, in essence, just another Pacific Island nation, why should this come as a surprise? In fact, the more interesting issue is why, fully knowing that the Chinese are using influence operations for purposes of State that go beyond international friendship or business ties, do so many prominent New Zealanders accept their money and/or positions on front organisations? Is the problem not so much what the Chinese do as as a rising great power trying to enlarge its sphere of influence as it is the willingness of so-called honourable Kiwis to prostitute themselves for the Chinese cause?

Last week the beat up on Chinese influence in NZ took a strange twist. At a US-China Economic and Security Review Commission (USCESRC) hearing, an ex-CIA analyst said that the Chinese had penetrated the “political core” of the country and that in light of that the US should reconsider keeping NZ in the Five Eyes signals intelligence sharing network.

The absurdity of these remarks needs to be deconstructed, not only for what was said but for what was not said. Let it also be noted that although nominally a bipartisan agency of the US Congress, the USCESRC has increasingly become a China-bashing forum, something that has been accentuated under the leadership of Senate Majority Leader Mitch McConnell (who oversees Commission appointments) and President Trump. This also matters because the witnesses called to testify before USCESRC are often cherry picked for their views on matters of US-China relations.

In his case the ex-CIA analyst rightly pointed out that, in contrast to the US and Australia, the NZ political elite were blasé about the extent of Chinese influence in local politics. But he took a step too far, downplaying the record of the previous National government and criticising the new Labour government for casting a blind eye on pernicious Chinese influence within its ranks (the only mention of National was a reference to the Jian Yang case). He then jumped the shark by recommending that the US and other 5 Eyes partners reconsider NZ’s membership in the signals intelligence sharing partnership.

Let’s be very clear: for the previous nine years National was in power, the deepening of Chinese influence was abided, if not encouraged by a Key government obsessed with trade ties and filling the coffers of its agrarian export voting base. It was National that ignored the early warnings of Chinese machinations in the political system and corporate networks, and it was Chinese money that flowed most copiously to National and its candidates. It is not an exaggeration to say that Chinese interests prefer National over Labour and have and continue to reward National for its obsequiousness when it comes to promoting policies friendly to Chinese economic interests. In fact, it is National that had a Minister, in the person of Judith Collins, attempt to use her position and manipulate the NZ ambassador to China into pushing her husband’s dodgy Chinese-backed business.

All political parties protest that they strictly adhere to campaign finance law and on paper they clearly do. But the whiff of dark money, dirty politics and other forms of unacknowledged influence trading has long clung to National in a measure not shared with its opponents. Put succinctly, contrary to what the the ex CIA analyst intimated, the influence of Chinese interests has been strongest when National is in government. And it is not just the Chinese who have availed themselves of the favourable climate operative during National’s tenure.

Not that National is solely to blame when it comes to trading favours. Labour clearly has consorted with some unsavoury Chinese donors and it remains to be seen if it will be any different than National now that it is out of the wilderness and back into government. But if foreign penetration of the “political core” is such a concern, it is surprising that no serious mention has made either at home or abroad of Winston Peters’ ties to Russia via the horse industry and beyond. In fact, when one looks at Peters’s links to an assortment of industries and interests, it is not just foreigners who appear to have an inside track on his thinking. Even so, the notion of a “political core” being compromised assumes that a whole array of constituent groups, from unions to manufacturers to iwi, are in the pockets of the Chinese no matter who is in government. Perhaps they are, but if so, I have not heard about it.

Labour may have the likes of Raymond Ho in its ranks and some dubious Chinese businessmen among its supporters, but it comes nowhere close to National when it comes to sucking up to the Chinese. That is why Jian Yang is still an MP, and that is why we will never hear a peep from the Tories about the dark side of Chinese influence operations. For its part, Labour would be well-advised to see the writing on the wall now that the issue of Chinese “soft” subversion has become a focal point for Western democracies. After all, Chinese influence operations that work to subvert basic value structures do so against a backdrop of aggressive Chinese cyber attacks and intelligence gathering in the countries in which influence operations are most prominent, NZ included.

But that is also why the recommendation that NZ be excluded from 5 Eyes is ridiculous. First, because for all of the talk about counter-terrorism, the bulk of counter-intelligence efforts by NZ (through the SIS and GCSB) and its 5 Eyes partners are directed at state actors, China in particular. Even if the NZ political elite were totally compromised by the Chinese, the security bureaucracies would insulate their operations from political interference and would likely work with the Police to demonstrate when and where politicians were acting on behalf of Chinese rather than NZ interests. It is the NZ intelligence community (NZIC), more than anyone else, who know the full extent of Chinese activities in the country, and the NZ intelligence community is fully ensconced in Anglo-centric democratic intelligence networks. It is therefore not likely that the NZIC would overlook the type of Chinese influence operations that result in capture of NZ’s “political core.”

Secondly, getting thrown out of 5 Eyes is not simply a matter of being told to take one’s toys and go home. The equipment at the listening posts at Waihopai and Tangimoana and at GCSB headquarters in Wellington is acutely sensitive and there are numerous citizens of partner countries working at those installations. Dismantling and removing equipment, files, archives and other sensitive material from such facilities will be time consuming, diplomatically fraught and operationally vulnerable, especially when it is well known that the Chinese, foremost amongst others, are extremely interested in them.  Institutional history, to include linkages with 5 Eyes partners and broader security networks, would have to be purged in order to avoid it falling into adversary hands. So getting kicked out of 5 Eyes involves much more than a rebuke, and, given NZ’s taskings within the 5 Eyes network, it is precisely the Chinese who will benefit the most from the expulsion.

If the US and other 5 Eyes partners are as worried about NZ being compromised by the Chinese as the ex-CIA analyst suggests that they are, a message of concern would have been sent to the NZ government in at least three ways: via diplomatic communications from the US embassy (which undoubtably has sent reports back to the State Department about the prevalence and impact of Chinese influence operations and intelligence gathering in NZ); by a diminishing of intelligence feeds from those partners in an obvious fashion; and by direct communication between the intelligence chiefs involved. This could well have been the purpose of the visit by the US Director of Intelligence to NZ a few weeks ago and if so, the gravity of the concerns have now been made clear to the Ardern government. However, the PM as well as the Opposition leader have both said that nothing has been brought to their attention that causes them to believe that NZ’s political system has been compromised by Chinese agents.

Given my antipathy towards authoritarians, I hold no particular affection for the PRC. But I do recognise that it does so as a maturing great power and accept that its behaviour is not going to change any time soon unless action is taken to circumscribe its activities in the West–a problem for societies founded on notions of freedom of association, movement and speech (including of opinion and the press). Because these rights are seen as Achilles Heels to be exploited by authoritarian rivals such as China and Russia, it should be expected that they will continue to be used as avenues of exploitation by them (as has been well demonstrated in the US).

What I deplore the most, though, is attacks on left-leaning governments (such as they are) like the current Labour government in NZ for supposedly going soft on Chinese influence pandering when in fact it has been right-leaning governments, not only in NZ but elsewhere, that have most assiduously courted Chinese investment and better diplomatic ties in spite of the PRC’s authoritarian character and dubious record when it comes to human rights and adherence to international conventions. For the NZ media to pick up and bang this hammer when it is part of an orchestrated attack on the Chinese by the US doing so for geopolitical reasons of its own demonstrates how shallow and uncritical reporting has become in Aotearoa. The issue is serious, which is precisely why it should not be subject to partisan manipulation or, ironically, pressure from allied states.

So yes, NZ has a problem with Chinese influence operations on its soil, particularly the willingness of NZers to serve Chinese interests for a handful of coin. But no, it is not just the fault of Labour and no, it is not as bad as has been alleged by the ex-CIA analyst. Nor is what the Chinese do in terms of influence mongering that dissimilar to what many other entities do when pushing their message in the NZ political system.  So let us take better notice of the phenomenon and address it for what it is without succumbing to the apocalyptic diatribes of people whose concern about Chinese influence operations has  less to do with the particularities of NZ and more to do with the broader strategic competition that sees China on the rise and the US in decline.

BONUS LISTEN: Here is an interview done on RNZ by the ex CIA analyst in question. Readers can form their own opinions as to whether he sounds like an authoritative and credible source for the claims he has made: https://www.radionz.co.nz/national/programmes/morningreport/audio/2018646774/ex-cia-analyst-admits-trump-irony-in-china-influence-warning

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.

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