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Before September 11, 2001, more than half the border crossings between the United States and Canada were left unguarded at night, with only rubber cones separating the two countries. Since then, that 4,000 mile “point of pride,” as Toronto’s Globe and Mail once dubbed it, has increasingly been replaced by a U.S. homeland security lockdown, although it’s possible that, like Egyptian-American Abdallah Matthews, you haven’t noticed.

The first time he experiences this newly hardened U.S.-Canada border, it takes him by surprise. It’s a freezing late December day and Matthews, a lawyer (who asked me to change his name), is on the passenger side of a car as he and three friends cross the Blue Water Bridge from Sarnia, Ontario, to the old industrial town of Port Huron, Michigan. They are returning from the Reviving the Islamic Spirit conference in Toronto, chatting and happy to be almost home when the car pulls up to the booth, where a blue-uniformed U.S. Customs and Border Protection (CBP) agent stands. The 60,000-strong CBP is the border enforcement arm of the Department of Homeland Security and includes both customs and U.S. Border Patrol agents. What is about to happen is the furthest thing from Matthews’s mind. He’s from Port Huron and has crossed this border “a million times before.”

After scanning their passports and looking at a computer screen in the booth, the agent says to the driver, as Matthews tells the story:

“Sir, turn off the vehicle, hand me the key, and step out of the car.”

He hears the snap of handcuffs going around his friend’s wrists. Disoriented, he turns around and sees uniformed men kneeling behind their car, firearms drawn.

“To my disbelief, situated behind us are agents, pointing their guns.”

The CBP officer asks Matthews and the remaining passengers to get out of the car and escorts them to a waiting room. Thirty minutes later, he, too, is handcuffed and in a cell. Forty-five minutes after that another homeland security agent brings him into a room with no chairs. The agent tells him that he can sit down, but all he sees is a countertop. “Can I just stand?” he asks.

And he does so for what seems like an eternity with the door wide open, attempting to smile at the agents who pass by. “I’m trying to be nice,” is how he put it.

Finally, in a third room, the interrogation begins. Although they question Matthews about his religious beliefs and various Islamic issues, the two agents are “nice.” They ask him: Where’d you go? What kind of law do you practice? He tells them that a former law professor was presenting a paper at the annual conference, whose purpose is to revive “Islamic traditions of education, tolerance, and introspection.” They ask if he’s received military training abroad. This, he tells me, “stood out as one of their more bizarre questions.” When the CBP lets him and his friends go, he still thinks it was a mistake.

However, Lena Masri of the Council of American Islamic Relations-Michigan (CAIR-MI) reports that Matthews’s experience is becoming “chillingly” commonplace for Michigan’s Arab and Muslim community at border crossings. In 2012, CAIR-MI was receiving five to seven complaints about similar stops per week. The detainees are all Arab, all male, all questioned at length. They are asked about religion, if they spend time at the mosque, and who their Imam is.

According to CAIR-MI accounts, CBP agents repeatedly handcuff these border-crossers, often brandish weapons, conduct invasive, often sexually humiliating body searches, and detain people for from two to 12 hours. Because of this, some of the detainees have lost job opportunities or jobs, or given up on educational opportunities in Canada.  Many are now afraid to cross the border to see their families who live in Canada. (CAIR-MI has filed alawsuit against the CBP and other governmental agencies.)

Months later, thinking there is no way this can happen again, Matthews travels to Canada and crosses the border, this time alone, on the Blue Water Bridge to Port Huron. Matthews still hadn’t grasped the seismic changes in Washington’s attitude toward our northern border since 9/11.  Port Huron, his small hometown, where a protest group, Students for a Democratic Society, first famously declared themselves against racism and alienation in 1962, is now part of the “frontline” in defense of the “homeland.”  As a result, Matthews finds himself a casualty of a new war, one that its architects and proponents see as a permanent bulwark not only against non-citizens generally, but also people like Matthews from “undesirable” ethno-religious groups or communities in the United States.

While a militarized enforcement regime has long existed in the U.S-Mexico borderlands, its far more intense post-9/11 version is also proving geographically expansive.  Now, the entire U.S. perimeter has become part of a Fortress USA mentality and a lockdown reality. Unlike on our southern border, there is still no wall to our north on what was once dubbed the “longest undefended border in the world.”  But don’t let that fool you.  The U.S.-Canadian border is increasingly a national security hotspot watched over by drones, surveillance towers, and agents of the Department of Homeland Security.

The Canadian Threat

Bert Tussing, U.S. Army War College Homeland Defense and Security Director, realizes that when people think of border security, what immediately comes to mind is the U.S.-Mexico border. After all, he is speaking in El Paso, Texas, where in the early 1990s the massive transformation and expansion of the border enforcement apparatus was born. Operation Blockade (later renamed Operation Hold-the-Line) became the Clinton administration’s blueprint for the walls, double-fencing, cameras, sensors, stadium-lighting, and concentration of Border Patrol agents now seen in urbanized areas -- and some rural ones as well -- from Brownsville, Texas, to San Diego, California. Tussing believes that this sort of intense surveillance, which has literally deformed communities throughout the southwest, should be brought to the northern border as well.

A former Marine with close-cropped brown hair, Tussing has a Napoleonic stature and despises being stuck behind a podium. “I kind of like moving around,” he quips before starting “The Changing Role of the Military in Border Security Operations,” his talk at last October’s Border Management Conference and Technology Expo.

Perhaps Tussing realizes that his audience holds a new breed of border-security entrepreneur when his initial Army-Marine joke falls flat. Behind the small audience are booths from 74 companies selling their border-security wares. These nomadic malls of the surveillance state are popping up in ever more places each year.

Hanging from the high ceiling is a white surveillance aerostat made by an Israeli company. Latched onto the bottom of this billowing balloon are cameras that, even 150 feet away, can zoom in on the comments I’m scrawling in my notebook. Nearby sits a mannequin in a beige body suit, equipped with a gas mask. It’s all part of the equipment and technology that the developing industry has in mind for our southern border, and increasingly the northern one as well.

Tussing homes in on a 2010 statistic: 59,000 people (“illegals if you will”)  tried to enter the United States from countries “other than Mexico, the euphemistic OTMs.” Six hundred and sixty-three of these “OTMs” were from countries Tussing calls "special-interest nations" such as Pakistan, Afghanistan, Libya, and Somalia, and also from countries the U.S. has identified as state-sponsors of terrorism like Cuba, Iran, Sudan, and Syria.

Next, he turns to the U.S-Canada divide, mentioning the 1999 case of Ahmed Ressam who would have become “the millennium bomber,” if not for an astute U.S. Customs agent in Washington state.  Here, as Tussing sees it, is the crux of the problem: “We found over time that he was able to do what he was to do because of the comparatively liberal immigration and asylum laws that exist today in Canada, which allowed him a safe haven. Which allowed him a planning area. Which allowed him an opportunity to build bombs. Which allowed him an opportunity to arrange his logistics.” He pauses. “This is not to say that Canada’s laws are wrong, but they are different from ours.”

A Government Accountablity Office report, he adds, claims that “the risk of terrorist activity is high along the northern border.” Of that 4,000-mile border between the two countries, he adds, “only 32 of those miles are categorized as what we say are acceptable levels of control.”

As what Tussing calls the "coup de grâce" to his argument for reinforcements of every sort along that border, he quotes Alan Bersin, former director of Customs and Border Protection: “In terms of the terrorist threat, it’s more commonly accepted that the most significant threat comes from the north,” not the south.

A Constitution-Free Zone

In 2012, the U.S. government spent more on the Homeland Security agencies responsible for border security than all of its other principal federal law enforcement agencies combined. The $18 billion allocated to Customs and Border Protection and Immigration and Customs Enforcement significantly exceeds the $14.4 billion that makes up the combined budgets of the FBI, the Drug Enforcement Administration, the Secret Service, the U.S. Marshal Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.  In the years since 9/11, more than $100 billion has been spent on border security.  Much of that went to the southern border, but now an ever larger chunk is heading north.

On that northern border, things have come a long way since North Dakota Senator Byron Dorgan in 2001 held up an orange cone and said, “This is America’s security at our border crossing... America can’t effectively combat terrorism if it doesn’t control its borders.”

Now Predator B drones, sometimes in the air for 20 hours at a stretch, are doing surveillance work from Grand Forks, North Dakota, to Spokane, Washington. Expensive surveillance towers equipped with night-vision cameras and sophisticated radar have been erected along the St. Clair and Niagara Rivers in Michigan and western New York state. Homeland Security built a $30 million border security “war room” at Michigan’s Selfridge Air National Guard Base, which, with its “video wall,” is worthy of a Hollywood action flick. This “gold standard” for border protection, as the CBP dubs it, is now one of many places where agents continuously observe those rivers of the north. As at Selfridge, so many resources and so much money has been poured into the frontlines of “homeland security,” and just upstream from cash-starved, post-industrial Detroit, the poorest city of its size in the United States.

In addition, the CBP’s Office of Air and Marine -- essentially Homeland Security’s air force and navy -- has established eight U.S. bases along the border from Plattsburgh, New York, to Bellingham, Washington. While such bases are commonplace on the southern border, they are new on the Canadian frontier. In addition, new state-of-the art Border Patrol stations are popping up in places like Pembina, North Dakota (at the cost of $13 million), International Falls, Minnesota ($6.8 million), and other places. This advance of the homeland security state in the north, funded and supported by Congress, seems both uncontroversial and unstoppable.

Don’t think that the eternal bolstering of “border security” is just a matter of fortifying the boundary line, either.  Last November, the CBP ordered an additional 14 unmanned aerial vehicles. (They are, however, still waiting for Congress to appropriate the funding for this five-year plan.)  With this doubling of its fleet, there will undoubtedly be more surveillance drones flying over major U.S. urban areas like Detroit, Buffalo, Syracuse, Bangor, and Seattle, places the ACLU has classified as in a “Constitution-free zone.”

That zone -- up to 100 miles from any external U.S. border -- is the area that the Supreme Court has deemed a “reasonable distance” in which to engage in border security operations, including warrantless searches. As in the Southwest, expect more interior checkpoints where federal agents will ask people about their citizenship, as they did to Vermont Senator Patrick Leahy in 2008. In the zone, you have the developing blueprint for a country not only in perpetual lockdown, but also under increasing surveillance. According to the ACLU, if you were to include the southern border, the northern border, and coastal areas in this zone, it would contain 200 million people, a potential “border” jurisdiction encompassing two-thirds of the U.S. population.

It’s October 2007 when I get my first glimpse of this developing Constitution-free zone in action at a Greyhound bus station in Buffalo, New York. I’m with Miguel Angel Vasquez de la Rosa, a Mexican lawyer who is brown-skinned and speaks only Spanish. As we enter the station, we spot two beefy Border Patrol agents in their dark-green uniforms patrolling the waiting area.

I have to blink to make sure I’m not seeing things, to remember where I am. I’m originally from this area, but have lived for years along the U.S.-Mexican border where I’ve grown used to seeing the “men in green.” I can’t remember ever seeing them here.

Before 9/11, Border Patrol agents on the southern border used to joke that they went north to “go fishing.” Not anymore.  The 2001 USA Patriot Actmandated a 300% increase in Border Patrol personnel on the northern border, as well as the emplacement of more surveillance technology there. Further legislation in 2004 required that 20% of the agency’s new recruits be stationed on the Canadian divide.

The number of U.S. Border Patrol agents on the northern border went from340 in 2001 to 1,008 in 2005 to 2,263 in 2010. Now, the number is approaching 3,000. That’s still small compared to the almost 19,000 on the southern border, but significant once you add in the “force multipliers,” since Border Patrol works ever more closely with local police and other agencies. For example, according to immigration lawyer Jose Perez, New York State troopers call the Border Patrol from Interstate-90 outside of Syracuse about a suspected undocumented person about 10 times a day on average. “And we aren’t even in Arizona.”

On that day in Buffalo, the two agents made a beeline for Miguel to check his visa. A moment later, the hulking agents are standing over another brown-skinned man who is rifling through a blue duffle bag, desperately searching for his documents. Not long after, handcuffed, he is walked to the ticket counter with the agents on either side. Somehow, cuffed, the agents expect him to retrieve his ticket from the bag, now on the counter. There are so many people watching that it seems like a ritual of humiliation.

Since 2007, this sort of moment has become ever more usual across the northern border region in bus and train stations, as “homeland security” gains ever more traction and an ever wider definition. The Border Patrol are, for instance, staking out Latino community centers in Detroit, and working closelywith the police on the Olympic peninsula in Washington state, leading to a much wider enforcement dragnet, which looks an awful lot like round-ups of the usual suspects.

After 9/11, the Border Patrol’s number one mission became stopping terrorists and weapons of mass destruction from coming into the country between the ports of entry. The Border Patrol, however, is “an agency that doesn’t have limitations,” says Joanne Macri, director of the Criminal Defense Immigration Project of the New York State Defender Association. “With police officers, people have more due process protection.” Since 9/11, she adds, they have become “the national security police.”

And from what we know of their arrest records, it’s possible to grasp their definition of national security.  Just in Rochester, New York, between 2005 and 2009, the CBP classified 2,776 arrests during what it terms “transportation raids” by skin complexion. The results: 71.2% of medium complexion and 12.9% black. Only 0.9% of their arrests were of “fair” complexion. And agents have had incentives to increase the numbers of people they sweep up, including Home Depot gift certificates, cash bonuses, and vacation time.

Macri tells me that it is now ever more common for armed national security police to pull people “who don’t belong” off buses and trains in the name of national security.  In 2011, according to Immigration and Customs Enforcement director John Morton, there were more than 47,000 deportationsof undocumented people along the northern border.

Too Close to Home

The next time Abdallah Matthews crosses the international border, a familiar face asks him the normal questions: Where did you go in Canada? What was the purpose of your trip? Matthews is already in the same CBP waiting area, has already been handcuffed, and can’t believe it’s happening again.

The CBP agent suddenly stops. “Do you remember me?”

Matthews peers at him, and finally says, “Yes, I played soccer with you.” They haven’t seen each other since high school.  They briefly reminisce, two men who grew up together along the St. Clair River before all those expensive surveillance towers with infrared cameras and radar went up. Although Matthews and the CBP agent were once friendly, although they lived in the same small town, there is now a boundary between them. Matthews struggles against this divide. He pleads: “You know who I am. I grew up here. I’ve been over this border a million times.”

This is, of course, only one of thousands of related stories happening along U.S. borders, north and south, in a universe in which, as anthropologist Josiah Heyman puts it, there are increasingly only two kinds of people: “the watchers and the watched.”  And keep in mind that, with only "32 miles" under operational control, this is just the beginning. The U.S. border enforcement apparatus is only starting its migration north.

Matthews’s former high-school acquaintance guides him to the now-familiar room with the counter where three interrogators are waiting for him. They tell him to spread his legs. Then they order him to take off his shoes. It’s hard to take them off, however, when your hands are cuffed behind your back. The two interrogators in front are already shouting questions at him.  (“What were you doing in Canada?”) The one behind him kicks his shoes. Hard. Then, after Matthews finally manages to get them off, the agent searches under his waistband.

When they are done, Matthews asks the agents what they would do if he were to circle around, reenter Canada, and cross the border again. The agents assure him that they would have to do the same exact thing -- handcuff, detain, and interrogate him as if his previous times had never happened.

Members of the U.S. Supreme Court pose for their annual photo, Tuesday, Sept. 29, 2009. (Photo: Doug Mills / The New York Times)Truthout needs your support to produce grassroots journalism and disseminate conscientious visions for a brighter future. Contribute now by clicking here.

Washington - The Supreme Court on Tuesday turned back a challenge to a federal law that broadened the government’s power to eavesdrop on international phone calls and e-mails.

The decision, by a 5-to-4 vote that divided along ideological lines, probably means the Supreme Court will never rule on the constitutionality of that 2008 law.

More broadly, the ruling illustrated how hard it is to mount court challenges to a wide array of antiterrorism measures, including renditions of terrorism suspects to foreign countries and targeted killings using drones, in light of the combination of government secrecy and judicial doctrines limiting access to the courts.

“Absent a radical sea change from the courts, or more likely intervention from the Congress, the coffin is slamming shut on the ability of private citizens and civil liberties groups to challenge government counterterrorism policies, with the possible exception of Guantánamo,” said Stephen I. Vladeck, a law professor at American University.

Writing for the majority, Justice Samuel A. Alito Jr. said that the journalists, lawyers and human rights advocates who challenged the constitutionality of the law could not show they had been harmed by it and so lacked standing to sue. The plaintiffs’ fear that they would be subject to surveillance in the future was too speculative to establish standing, he wrote.

Justice Alito also rejected arguments based on the steps the plaintiffs had taken to escape surveillance, including traveling to meet sources and clients in person rather than talking to them over the phone or sending e-mails. “They cannot manufacture standing by incurring costs in anticipation of nonimminent harms,” he wrote of the plaintiffs.

It is of no moment, Justice Alito wrote, that only the government knows for sure whether the plaintiffs’ communications have been intercepted. It is the plaintiffs’ burden, he wrote, to prove they have standing “by pointing to specific facts, not the government’s burden to disprove standing by revealing details of its surveillance priorities.”

In dissent, Justice Stephen G. Breyer wrote that the harm claimed by the plaintiffs was not speculative. “Indeed,” he wrote, “it is as likely to take place as are most future events that common-sense inference and ordinary knowledge of human nature tell us will happen.”

Under the system of warrantless surveillance that was put in place by the Bush administration shortly after the terrorist attacks of Sept. 11, 2001, aspects of which remain secret, the National Security Agency was authorized to monitor Americans’ international phone calls and e-mails without a warrant.

After The New York Times disclosed the program in 2005 and questions were raised about its constitutionality, Congress in 2008 amended the Foreign Intelligence Surveillance Act, granting broad power to the executive branch to conduct surveillance aimed at persons overseas without an individual warrant.

The Obama administration defended the law in court, and a Justice Department spokesman said the government was “obviously pleased with the ruling.”

The decision, Clapper v. Amnesty International, No. 11-1025, arose from a challenge to the 2008 law by Amnesty International, the American Civil Liberties Union and other groups and individuals, including journalists and lawyers who represent prisoners held at Guantánamo Bay, Cuba. The plaintiffs said the law violated their rights under the Fourth Amendment, which bars unreasonable searches, by allowing the government to intercept their international telephone calls and e-mails.

Justice Alito said the program was subject to significant safeguards, including supervision by the Foreign Intelligence Surveillance Court, which meets in secret, and restrictions on what may be done with “nonpublic information about unconsenting U.S. persons.” Chief Justice John G. Roberts Jr. and Justices Antonin Scalia, Anthony M. Kennedy and Clarence Thomas joined the majority opinion, and Justices Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan joined the dissent.

Jameel Jaffer, a lawyer with the A.C.L.U., said the decision “insulates the statute from meaningful judicial review and leaves Americans’ privacy rights to the mercy of the political branches.”

Justice Alito wrote that the prospect that no court may ever review the surveillance program was irrelevant to analyzing whether the plaintiffs had standing. But he added that the secret court does supervise the surveillance program.

It is also at least theoretically possible, he added, that the government will try to use information gathered from the program in an ordinary criminal prosecution and thus perhaps allow an argument “for a claim of standing on the part of the attorney” for the defendant.

Mr. Jaffer said the situations were far-fetched.

“Justice Alito’s opinion for the court seems to be based on the theory that the secret court may one day, in some as-yet unimagined case, subject the law to constitutional review, but that day may never come,” Mr. Jaffer said. In many national security cases, he added, the government has prevailed at the outset by citing lack of standing, the state secrets doctrine or officials’ immunity from suit.

“More than a decade after 9/11,” he said, “we still have no judicial ruling on the lawfulness of torture, of extraordinary rendition, of targeted killings or of the warrantless wiretapping program. These programs were all contested in the public sphere, but they have not been contested in the courts.”

WASHINGTON - February 11 - CHRIS HEDGES, [email]
Hedges just wrote the piece “The NDAA and the Death of the Democratic State,” which states: “On Wednesday a few hundred activists crowded into the courtroom of the Second Circuit, the spillover room with its faulty audio feed and dearth of chairs, and Foley Square outside the Thurgood Marshall U.S. Courthouse in Manhattan where many huddled in the cold. The fate of the nation, we understood, could be decided by the three judges who will rule on our lawsuit against President Barack Obama for signing into law Section 1021(b)(2) of the National Defense Authorization Act.

“The section permits the military to detain anyone, including U.S. citizens, who ‘substantially support’ — an undefined legal term — al-Qaida, the Taliban or ‘associated forces,’ again a term that is legally undefined. Those detained can be imprisoned indefinitely by the military and denied due process until ‘the end of hostilities.’ In an age of permanent war this is probably a lifetime. Anyone detained under the NDAA can be sent … to any ‘foreign country or entity.’ This is, in essence, extraordinary rendition of U.S. citizens. It empowers the government to ship detainees to the jails of some of the most repressive regimes on earth.

“Section 1021(b)(2) was declared invalid in September after our first trial, in the Southern District Court of New York. The Obama administration appealed the Southern District Court ruling.” Hedges is lead plaintiff in the NDAA lawsuit. His most recent book is The World As It Is: Dispatches on the Myth of Human Progress and he was part of a team of New York Times reporters who won a Pulitzer Prize.

MICHAEL RATNER, mratner at ccrjustice.org, @justleft
Ratner is president emeritus of the Center for Constitutional Rights. He said today: “The rule of law is not in peril; it is no more. The country under Obama is utterly lawless. There is nothing legal or moral about murdering with drones or assassinations, continuing indefinite detention, military commissions and renditions. There is nothing legal or moral about attacking other countries such as Yemen, Pakistan or Libya. There is nothing legal or moral about a massive surveillance state. And then just to make sure no one reveals our evil we persecute and jail our truth tellers: [Julian] Assange, [Bradley] Manning, [Jeremy] Hammond, [John] Kirakou, while the real criminals go free. What you are seeing here is the recognition by the U.S. that it is weakening as a world power and it is striking out in ways that aren’t always rational but that are certainly inhuman and lawless.”

Ratner notes in “The Ratner Report” on The Real News Network: “We’ve been litigating this issue for a number of years now. The Center for Constitutional Rights and the ACLU represent the family of Anwar al-Aulaqi, as well as [his 16-year-old son] Abdulrahman Al-Aulaqi, who were killed by drones in Yemen.”

SHAHID BUTTAR, [email], @Sheeyahshee
Buttar is executive director of the Bill of Rights Defense Committee. He said today: “The civil liberties abuses of the Bush administration, and their continuing extension by the Obama administration, have reduced our Constitution to a shadow of itself. This week’s State of the Union address offers a disturbing reminder that, in 2013, America can not be plausibly described as ‘the land of the free.’

“Our supposedly ‘free’ country imprisons more people than any other on Earth, including China — which has a much larger population, and a longstanding reputation for abusing rights.

“Our supposedly ‘free’ country actively suppresses dissent. Instead of enjoying meaningful First Amendment rights to speech, assembly, and the right to petition our government, the peaceful Occupy movement was targeted by federal and state authorities for surveillance, infiltration, disruption, and violent suppression. Occupy activists in several states, like peace activists, environmental activists, and labor organizers, have been charged (and in many cases, convicted) of terror offenses.

“In our supposedly ‘free’ country, the Fourth Amendment right to be free from unreasonable searches and seizures has collapsed. Congress recently approved mass warrantless wiretapping by the NSA, which operates not only in secret, but under a secret budget at a time when politicians claim to face a budget crisis. Meanwhile, the FBI unapologetically infiltrates faith institutions and peaceful activist groups, creating a national biometric identity scheme under cover of facilitating immigration enforcement, and faking the results of its forensic investigations. Even local police routinely work as spies, using drones and other military technology to monitor Americans for activities as ‘suspicious’ as drawing and taking notes.

“Our supposedly ‘free’ country also abuses more fundamental rights. Anyone, including citizens, is subject to arbitrary military detention without trial or proof of crime, or outright assassination by the CIA, a secret civilian agency for which the White House has announced a nominee for Director whom the Senate should reject. Brennan refuses to acknowledge that torture (which the CIA recently conducted as a matter of policy before destroying much of the evidence) is a crime. Brennan has not, and can not, explain the national security justification for drone strikes given their profound strategic risks. And Brennan hasn’t even faced questions about the CIA training domestic police departments, like the NYPD, in violation of its statutory charter.

“Finally, our supposedly ‘free’ country practices unequal justice. While millions face prosecution for relatively minor offenses, the architects of U.S. human rights abuses include a federal appellate judge wielding a lifetime appointment and six figure government paycheck. Whistleblowers, like the NSA’s Thomas Drake and the CIA’s John Kiriakou, face prison sentences not for committing crimes, but for revealing them to the public.

“Neither the President nor his partisan critics are likely to note these issues this week, but Americans feel their impact every day. Under each of the past two presidents, executive fiat, enabling legislative statutes and judicial formalism have combined to shred our Constitution and transform America from a ‘land of the free’ into a land that loudly proclaims freedom while denying it to our own people.”

WASHINGTON - February 11 - CHRIS HEDGES, [email]
Hedges just wrote the piece “The NDAA and the Death of the Democratic State,” which states: “On Wednesday a few hundred activists crowded into the courtroom of the Second Circuit, the spillover room with its faulty audio feed and dearth of chairs, and Foley Square outside the Thurgood Marshall U.S. Courthouse in Manhattan where many huddled in the cold. The fate of the nation, we understood, could be decided by the three judges who will rule on our lawsuit against President Barack Obama for signing into law Section 1021(b)(2) of the National Defense Authorization Act.

“The section permits the military to detain anyone, including U.S. citizens, who ‘substantially support’ — an undefined legal term — al-Qaida, the Taliban or ‘associated forces,’ again a term that is legally undefined. Those detained can be imprisoned indefinitely by the military and denied due process until ‘the end of hostilities.’ In an age of permanent war this is probably a lifetime. Anyone detained under the NDAA can be sent … to any ‘foreign country or entity.’ This is, in essence, extraordinary rendition of U.S. citizens. It empowers the government to ship detainees to the jails of some of the most repressive regimes on earth.

“Section 1021(b)(2) was declared invalid in September after our first trial, in the Southern District Court of New York. The Obama administration appealed the Southern District Court ruling.” Hedges is lead plaintiff in the NDAA lawsuit. His most recent book is The World As It Is: Dispatches on the Myth of Human Progress and he was part of a team of New York Times reporters who won a Pulitzer Prize.

MICHAEL RATNER, mratner at ccrjustice.org, @justleft
Ratner is president emeritus of the Center for Constitutional Rights. He said today: “The rule of law is not in peril; it is no more. The country under Obama is utterly lawless. There is nothing legal or moral about murdering with drones or assassinations, continuing indefinite detention, military commissions and renditions. There is nothing legal or moral about attacking other countries such as Yemen, Pakistan or Libya. There is nothing legal or moral about a massive surveillance state. And then just to make sure no one reveals our evil we persecute and jail our truth tellers: [Julian] Assange, [Bradley] Manning, [Jeremy] Hammond, [John] Kirakou, while the real criminals go free. What you are seeing here is the recognition by the U.S. that it is weakening as a world power and it is striking out in ways that aren’t always rational but that are certainly inhuman and lawless.”

Ratner notes in “The Ratner Report” on The Real News Network: “We’ve been litigating this issue for a number of years now. The Center for Constitutional Rights and the ACLU represent the family of Anwar al-Aulaqi, as well as [his 16-year-old son] Abdulrahman Al-Aulaqi, who were killed by drones in Yemen.”

SHAHID BUTTAR, [email], @Sheeyahshee
Buttar is executive director of the Bill of Rights Defense Committee. He said today: “The civil liberties abuses of the Bush administration, and their continuing extension by the Obama administration, have reduced our Constitution to a shadow of itself. This week’s State of the Union address offers a disturbing reminder that, in 2013, America can not be plausibly described as ‘the land of the free.’

“Our supposedly ‘free’ country imprisons more people than any other on Earth, including China — which has a much larger population, and a longstanding reputation for abusing rights.

“Our supposedly ‘free’ country actively suppresses dissent. Instead of enjoying meaningful First Amendment rights to speech, assembly, and the right to petition our government, the peaceful Occupy movement was targeted by federal and state authorities for surveillance, infiltration, disruption, and violent suppression. Occupy activists in several states, like peace activists, environmental activists, and labor organizers, have been charged (and in many cases, convicted) of terror offenses.

“In our supposedly ‘free’ country, the Fourth Amendment right to be free from unreasonable searches and seizures has collapsed. Congress recently approved mass warrantless wiretapping by the NSA, which operates not only in secret, but under a secret budget at a time when politicians claim to face a budget crisis. Meanwhile, the FBI unapologetically infiltrates faith institutions and peaceful activist groups, creating a national biometric identity scheme under cover of facilitating immigration enforcement, and faking the results of its forensic investigations. Even local police routinely work as spies, using drones and other military technology to monitor Americans for activities as ‘suspicious’ as drawing and taking notes.

“Our supposedly ‘free’ country also abuses more fundamental rights. Anyone, including citizens, is subject to arbitrary military detention without trial or proof of crime, or outright assassination by the CIA, a secret civilian agency for which the White House has announced a nominee for Director whom the Senate should reject. Brennan refuses to acknowledge that torture (which the CIA recently conducted as a matter of policy before destroying much of the evidence) is a crime. Brennan has not, and can not, explain the national security justification for drone strikes given their profound strategic risks. And Brennan hasn’t even faced questions about the CIA training domestic police departments, like the NYPD, in violation of its statutory charter.

“Finally, our supposedly ‘free’ country practices unequal justice. While millions face prosecution for relatively minor offenses, the architects of U.S. human rights abuses include a federal appellate judge wielding a lifetime appointment and six figure government paycheck. Whistleblowers, like the NSA’s Thomas Drake and the CIA’s John Kiriakou, face prison sentences not for committing crimes, but for revealing them to the public.

“Neither the President nor his partisan critics are likely to note these issues this week, but Americans feel their impact every day. Under each of the past two presidents, executive fiat, enabling legislative statutes and judicial formalism have combined to shred our Constitution and transform America from a ‘land of the free’ into a land that loudly proclaims freedom while denying it to our own people.”

Throughout his tenure, Obama governed lawlessly for the monied interests that own him. He’s waged no-holds-barred war on humanity.

Strategy includes homeland tyranny, fear-mongering, saber rattling, hot wars, proxy ones, drone ones, domestic political ones, geopolitical ones, financial ones, anti-populist ones, sanctions, subversion, sabotage, targeted assassinations, mass murder, cyberwar, and more.

In May 2009, Obama prioritized cybersecurity. He called cyber-threats “one of the most serious economic and national security challenges we face as a nation.”

“America’s economic prosperity in the 21st century will depend on cybersecurity.”

He ordered a top-to-bottom review. A Cyberspace Policy Review report followed. He waged cyberwar on Iran. He did so cooperatively with Israel.

In spring 2010, Iranian intelligence discovered Stuxnet malware contamination. The computer virus infected its Bushehr nuclear facility. At the time, operations were halted indefinitely.

Israel was blamed. Washington was involved. Had the facility gone online infected, Iran’s entire electrical power grid could have been shut down.

A more destructive virus called Flame malware is known. Internet security experts say it’s 20 times more harmful than Stuxnet. Iran’s military-industrial complex is targeted. So is its nuclear program. Maximum disruption is planned.

Obama supports draconian cybersecurity bills. Passage threatens constitutional freedoms.

Targeted assassinations eliminate America’s enemies. Lawless domestic spying is policy. So is warrantless wiretapping. Americans are as vulnerable as others.

Obama’s waging war on humanity. He’s doing it multiple ways. Last October, he signed an executive order. It expanded military authority. It authorized cyberattacks. It redefined defense. Doing so lawlessly legitimizes aggression.

In November, Presidential Policy Directive 20 followed. It’s secret. It set guidelines for confronting cyberspace threats.

Last fall, Defense Secretary Leon Panetta warned of a “cyber Pearl Harbor.” It could “cause physical destruction and loss of life,” he said. It could “paralyze and shock the nation and create a new profound sense of vulnerability.”

US officials never lack for hyperbole. Fear-mongering is longstanding policy. So are Big Lies, false flags, and other pretexts for wars, other military actions, and disruptive ones.

Cyberwar capability adds to America’s arsenal. Preemption adds another dirty tactic.

In early February, US media reports headlined stepped-up cyberwar. Preemption is prioritized. Nation states, organizations, and individuals are fair game.

US Cyber Command (USCYBERCOM) has full operational control. It’s a cyber hit squad. It’s part of the US Strategic Command.

It’s based at Fort Meade, MD. General Keith Alexander serves as National Security Agency (NSA) director and US Cyber Command head.

The New York Times cited a secret legal review. It affords Obama sweeping preemptive cyberattack powers.

It permits him “to order a preemptive strike if the United States detects (allegedly) credible evidence of a major digital attack looming from abroad.”

His word alone is policy. Corroborating evidence isn’t needed. Efforts to protect classified and proprietary information are increasing.

The Washington Post said wireless and technology giants are battling over a plan to create super Wi-Fi networks.

The Wall Street Journal said Google, Microsoft and Amazon are competing to control cloud computing business.

The Christian Science Monitor said preemptive cyberwar entered America’s arsenal. It “nugded up along side other” approved tactics and techniques.

New policies govern how intelligence agencies work. They’ve been unrestrained before. They’ll have greater powers now.

The New York Times said they’ll be able to “carry out searches of faraway computer networks for signs of potential attacks on the United States and, if the president approves, attack adversaries by injecting them with destructive code – even if there is no declared war.”

Rules of engagement are classified. Effectively there are none. Cyber-warriors are freewheeling. They’re unrestrained.

They’ll operate anywhere globally. China is a target of choice. It’s America’s main economic and geopolitical competitor.

An unnamed US official said new cyberwar strategy is “far more aggressive than anything” used or recommended before. The gloves are off. Anything goes.

Major disruptions can occur without firing a shot. Military and/or civilian power grids can be crippled. So can financial systems and communications networks.

Another unnamed US official said cyberweapons are so powerful that “they should be unleashed only by” presidential order. Exceptions would be tactical strikes.

Examples include disabling command and control as well as ground radar ahead of conventional strikes. At the same time, most cyberoperations are presidential prerogatives.

Expect Obama to take full advantage. Extrajudicial operations are prioritized. Rule of law principles are spurned. Operational procedures have been in development for over two years.

They’re headlined now. They coming out when cyberattacks more often target US companies and critical infrastructure. An unnamed US power station was crippled for weeks.

The New York Times, Washington Post, and Wall Street Journal reported cyberattacks. Obama prioritizes preemption. Doing so has no legal standing. Self-defense alone is justified. Acting on suspicions without evidence is aggression.

New rules serve Washington. Lawyers get marching orders. They’re well paid to subvert accepted legal standards. Doing so doesn’t change them.

What constitutes “reasonable and proportionate force” resides in the eye of the aggressor. New guidelines exclude the Pentagon from defending US companies or individuals without presidential authority.

Doing so is Homeland Security’s prerogative. The FBI has investigatory authority. Cybersecurity legislation remains stalled in Congress. Expect stepped up efforts for passage.

Doing so will more greatly comprise freedom. Full-blown tyranny approaches. It’s a hair’s breadth away. Whistleblowers are targeted. Dissent is endangered.

There’s no place to hide. Big Brother’s expanding exponentially. Cyber-preemption adds greater police state power.

On February 3, a Washington Post editorial headlined “Cyberwar, out of the shadows,” saying:

US Cyber Command is expanding exponentially. Doing so “is indicative of how conflict is moving toward center stage for the military, a domain similar to land, sea, air and outer space.”

It’s heading America toward unchallenged dominance.

In May 2000, the Pentagon’s Joint Vision 2020 called for “full spectrum dominance” over all land, surface and sub-surface sea, air, space, electromagnetic spectrum and information systems with enough overwhelming power to fight and win global wars against any adversary.

Doing so includes nuclear weapons use preemptively. Non-nuclear countries and adversaries are fair game.

Cyber Command includes:

(1) “Combat mission forces” cooperatively with military units.

(2) “Protection forces” to defend Pentagon networks.

(3) “National mission forces” to head off threats to critical infrastructure. They’ll operate outside America. They’ll function anywhere if authorized. They’ll strike US adversaries preemptively.

Targeting cuts both ways. Incoming attacks can precede or follow US ones. Secrecy is prioritized but compromised. Spies have clever ways of doing it.

Rules of engagement aren’t clear. Public information is limited. Sunlight is the best disinfectant. Policy need generous doses.

“If conflict in cyberspace is underway,” said the Post, “then it is important to sustain support for the resources and decisions to fight it, and that will require more candor.”

Expect little forthcoming from the most secretive administration in US history. Obama’s first term prioritized homeland repression and lawless aggression. Imagine what he has in mind for term two.

Stephen Lendman lives in Chicago and can be reached at [email protected] 

His new book is titled “Banker Occupation: Waging Financial War on Humanity.”

http://www.claritypress.com/LendmanII.html

Visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

http://www.progressiveradionetwork.com/the-progressive-news-hour

http://www.dailycensored.com/obama-declares-global-cyberwar/