Ch VII, Part 4 (and last)

VII.I Discourse and counter-discourse 6: ‘American interests’

97. In 1997, a right-wing  think-tank called ‘Project for a New American Century’ was founded ‘to make the case and rally support for American global leadership’. Its Internet website95 promulgated a ‘Mission Statement’ including these missions:

In this spirit, they wrote urging President Clinton in 1998 to ‘enunciate a new strategy that would secure the interests of the U.S. and our friends and allies around the world’, and complained that ‘American policy cannot continue to be crippled by a misguided insistence on unanimity in the UN Security Council’. They also issued a 90-page report on ‘Rebuilding America’s Defenses’, which has been called ‘a blue-print for US world domination’ drawn up by ‘chicken-hawks — men who have never seen the horror of war but are in love with the idea of war’ (Tam Dalyell, longest-serving member of the British Parliament).96

98. Such jingoistic discourse might conjure up the plot for some futuristic Hollywood rule-the-world fantasy, But now in 2004, the list of signers reads like a Who’s Who of the two Bush ‘Administrations’ and their associates: Elliott Abrams, William J. Bennett, Jeb Bush, Dick Cheney, Eliot A. Cohen, Francis Fukuyama, I. Lewis Libby, Norman Podhoretz, Dan Quayle, Donald Rumsfeld, Paul Wolfowitz…as if the think-tank had been physically siphoned into the White House. And they are busily teaching the world how to be ‘uniquely friendly to American interests’, which Bush Jr described to Congress as ‘far-reaching’. Indeed.

99. As a long-standing discursive theme, ‘American interests’ have been extolled for ‘benefiting the international order’ and even guaranteeing ‘survival’, e.g. [2252]. But lately those interests have favoured war and annihilation instead [2253-55].

[2252] Although it may not have the national will again to assume the role of world police- man, the U.S. does have the political and economic power to be one of the world’s peace legitimizers. The cause of international survival may depend on renewed American interest and diplomacy in troubled areas. […] Thus, international American interests benefit both the international order and U.S. security. (After the Bicentennial) www 

[2253] The incredible military superiority of the United States vis-à-vis the nations of the rest of the world, in any imaginable combination [will] always defend a democratic nation under attack from nondemocratic forces; […] if you have the kind of power we now have, either you will find opportunities to use it, or the world will discover them for you. (Irving Kristol in the Weekly Standard).

[2254] I’m a war president.  I make decisions here in the Oval Office in foreign-policy matters with war on my mind. […] In my judgment, when the United States says there will be serious consequences, and if there isn’t [sic] serious consequences, it creates adverse consequences [sic again].  People look at us and say, they don’t mean what they say, they are not willing to follow through. (Bush Jr on Meet the Press)97

[2255] International law is like Santa Claus [that only] exists in law school classrooms. In the corporeal world, international law is whatever the United States and Great Britain say it is. (Ann Coulter)98

So when the US (or any of its ruling chickenhawks) threatens another nation with ‘serious consequences’ like an unprovoked ‘shock and awe’ 99 mega-bombing, then it must deliver them or else — Katy, bar the door! — be judged insincere, indecisive, or, worst of all, cowardly (like France, we were told).

100. In theory, the ‘world policeman’ could ‘intervene’ to rescue ‘civilised society’ [2256] on the basis of ‘moral’ and ‘racial superiority’ [2257], but in practice its ‘interests’ seem to have been more tangible [2258].

[2256] Chronic wrongdoing [or] a general loosening of the ties of civilised society may […] ultimately require intervention by some civilised nation [in] the exercise of an international police power. (President Theodore Roosevelt, 1904)

[2257] The day is not far distant when […] the whole hemisphere will be ours in fact as, by virtue of our superiority of race, it already is ours morally. (President William Howard Taft, 1912)

[2258] I was a racketeer for capitalism. […] I helped make Honduras ‘right’ for American fruit companies in 1903. I helped make Mexico and especially Tampico safe for American oil interests in 1914. I helped make Haiti and Cuba a decent place for the National City Bank to collect revenues in. I helped purify Nicaragua for the international banking house of Brown Brothers in 1909-1912. I brought light to the Dominican Republic for American sugar interests in 1916. (Major General Smedley D. Butler of the US Marines)100

101. More recently, such noble ‘causes’ have been defended by the U.S. Army’s ‘School of the Americas’ (SOA), at Fort Benning, Georgia (from 1946 to 1977 in Panama) — now renamed the ‘Western Hemisphere Institute for Security Cooperation’ — which its supporters call ‘an important tool in helping spread democratic values to Washington’s allies in Central America and South America’. According to its website (www.soaw.org), instruction is

[2259] focused on nation-building skills, […] consolidation of the effective democratic governance, respect for the rule of law, and economic development along free market principles.

Some noted graduates seem to have acquired rather special notions of ‘democratic governance’:

[2260] dictators Manuel Noriega and Omar Torrijos of Panama, Leopoldo Galtieri and Roberto Viola of Argentina, Juan Velasco Alvarado of Peru, Guillermo Rodriguez of Ecuador, and Hugo Banzer Suarez of Bolivia. (School of the Americas Watch)www

Instruction relied on some rather special textbooks too:

[2261] a 1992 report declassified by the Pentagon in 1996 revealed the details of a manual used at SOA in the 1980s that advocated tactics such as beatings, false imprisonment, execution, and bounty payments for enemy dead. (Bruce Kennedy, CNN Interactive)www

At least one ‘manual’ is posted on the Internet101  and its discourse conveys a special brand of ‘respect for the rule of law’, e.g.:

[2262] The agent must offer presents and compensation for information leading to the arrest, capture or death of guerrillas.

[2263] The employee’s [i.e. captive's] value could be increased by means of arrests, executions, or pacification, taking care not to expose the employee as the information source.

[2264] Familiar clothing reinforces identity and thus the capacity for resistance. […] If the interrogatee is especially proud or neat, […] give him an outfit that is too large and fail to provide a belt, so that he must hold his pants up.

The manual has a ‘Descriptive Bibliography’ of notes and references of CIA-funded studies in psychology and psychoanalysis with titles like ‘Psychic Self-Abandon and Extortion of Confessions’, alongside a ‘Guide’ on ‘Brainwashing’, and a ‘Police Interview pamphlet’ with a ‘sprightly style’.

102. Few Latin American countries have been closer to ‘American interests’ than Cuba, whose direct annexation as a state was predicted by John Adams back in 1783 but was ironically forestalled by US racism [2265]. Intervention in the War of Independence against Spain was seen as just the occasion to ‘clean up the country’ with genocide American style:

[2265] This population is made up of whites, blacks, Asians and people who are mixture of these races, [who] are generally indolent and apathetic [and] possess a vague notion of what is right and wrong. […] The immediate annexation of these disturbing elements into our own federation in such large numbers would be madness, so before we do that we must clean up the country. We must destroy everything within our cannons’ range of fire. We must impose a harsh blockade so that hunger and its constant companion, disease, undermine the peaceful population and decimate the army, […] in order to annex the Pearl of the Antilles. (US Under-Secretary of War J.C. Breckenridge in 1897)

The ‘cannons’ range of fire’ must have fallen short. Cuba became an ‘independent republic’, though its ‘Constitution’ incorporated the ‘Platte Amendment’ authorising invasions by the US (with its proper ‘notion of what is right and wrong’) to ‘restore order’, as duly occurred in 1902, 1906, 1912, 1917, and 1933. Annexation would hardly have seemed necessary anyway:

[2266] By the 1950s U.S. corporations owned 80% of Cuba’s land, most of the sugar industry, and all of the public utilities, oil refining, nickel industry, and railroads. (Gary Erb, Rebels and Dollars)www

103. After the surprise victory of the Cuban revolution, US policy reverted to ‘imposing a harsh blockade’ [2265], which is still in force today.  In March, 1962, the Joint Chiefs of Staff forwarded to the US Secretary of Defense (Secretary of War until 1947) a top secret’ document titled ‘Pretexts to Justify US Military Intervention in Cuba’ and only recently declassified.102 It affords an instructive counter-discourse to the discourse of the ‘world’s peace legitimizer’ [2252], by cynically proposing ‘incidents in and around Guantanamo to give genuine appearance of being done by hostile Cuban forces’, e.g.:

[2267] (1) Start rumours (many). Use clandestine radio. (2) Start riots near the base main gate (friendly Cubans). (3) Develop a Communist Cuban terror campaign in the Miami area, […] exploding a few plastic bombs in carefully chosen spots, arresting Cuban agents, and releasing prepared documents substantiating Cuban involvement. (4) A ‘Remeinber the Maine’ incident could be arranged: Blow up a US ship in Guantanamo Bay and blame Cuba. […] Follow up with an air/sea rescue operation to ‘evacuate’ remaining members of the nonexistent crew. Casualty lists in US newspapers would cause a helpful wave of national indignation. […] Conduct funerals for mock-victims.

The Kennedy Administration rejected the plan, but would Bush/Cheney have done?

104. Today, ‘American interests’ are hard to distinguish from ‘global interests’, as represented above all by the World Bank and the International Monetary Fund (IMF), whose policies bear uncanny likenesses to the cynical indifference if not hostility of moneyed interests toward health, safety, and the environment as seen in sections VII.E-G, viz.:

[2268] Oxfam International estimates that, in the Philippines alone, IMF-imposed cuts in preventative medicine will result in 29,000 deaths from malaria and an increase of 90,000 in the number of untreated tuberculosis cases. (Panic Rules)103

[2269] In Africa an estimated 500,000 more children died from the imposed restructuring of their countries’ economies to ensure increased flows of money to external banks, while spending on health care declined by 50 per cent and on education by 25 per cent. (Unequal Freedoms)104

105. Energetic deconstruction and counter-discourse should be duly applied to the discourses of such institutions, who present themselves on their websites in glowing terms. As one of the ‘10 Things You Never Knew’ (a phrase that almost gives the show away — there was nothing to know), the World Bank praises its inroads into the health care market  [2270]. A counter-discourse of close ‘reading’ deconstructs the Bank’s World Development Report titled ‘Investing in Health’ [2271].

[2270] Providing poor people with basic health and nutrition lies at the heart of reducing poverty and promoting economic growth, […] health, nutrition, and population projects in the developing world.105

[2271] On first reading, the Bank’s strategy looks comprehensive, even modestly progresssive. […] But, on reading further, we discover that the key recommendations spring from the same paradigm that has worsened poverty and health levels. Governments must […] ‘foster an enabling environment for households to improve health’ — which really means requiring disadvantaged families to cover the costs of their own healthcare; ‘improve government spending in health’ — means trimming government spending from comprehensive coverage to a narrow selection of cost-effective measures; ‘promote diversity and competition in health services’ — which means turning over to private, profit-making doctors and businesses most of those government services that used to provide free or subsidized care for the poor. […] Loan programmes, development priorities, and adjustment policies have deepened inequalities and added to the poverty, ill health and deteriorating living conditions of at least one billion human beings. (Who Killed Primary Healthcare?)106

106. Still more effective is the counter-discourse on the World Bank’s ‘Country Assistance Strategy’ in a ‘four-step programme’ as described by the Bank’s own former Chief Economist Joseph Stiglitz :

[2272] Step One is ‘Privatization’ —  which could more accurately be called ‘Briberiza-tion.’ […] National leaders — using the World Bank’s demands to silence local critics — happily flogged their electricity and water companies. ‘You could see their eyes widen at the prospect of 10% commissions paid to Swiss bank accounts for simply shaving a few billion off the sale price of national assets’. […] Step Two [is] ‘Capital Market Liberalization.’ In theory, capital market deregulation allows investment capital to flow in and out. Unfortunately, as in Indonesia and Brazil, the money simply flowed out and out. […] A nation’s reserves can drain in days, hours. […] Step Three [is] ‘Market-Based Pricing’, a fancy term for raising prices on food, water, and cooking gas. This leads, predictably, to ‘the IMF riots’ (and by riots I mean peaceful demonstrations dispersed by bullets, tanks and teargas), as when the IMF eliminated food and fuel subsidies for the poor in Indonesia, the Bolivian riots over water prices, the riots in Ecuador over the rise in cooking gas prices imposed by the World Bank. […] This economic arson has its bright side — for foreign corporations, who can then pick off remaining assets, such as the odd mining concession or port, at fire sale prices. […] Step Four [is] Free trade, which Stiglitz likens to the Opium Wars, when the West used military blockades to force open markets for their unbalanced trade. Today, the World Bank can order a financial blockade just as effective — and sometimes just as deadly. […] (Greg Palast in the Observer, ‘The Globalizer Who Came In From the Cold’)107

The same renowned economist, whose knowledge of the facts is unassailable, pointed out that ‘IMF/World Bank plans’ are devised in ‘secrecy and driven by an absolutist ideology’ that ‘undermines democracy’; and worse, ‘they don’t work’, as when ‘IMF structural “assistance” led to Africa’s income dropping by 23%’.

[2273] We have long known that World Bank projects bring environmental catastrophe and suffering on a grand scale. Now we know the projects are economic failures as well. This removes the last shred of justification for the World Bank’s very existence. (Environmental Digest)www

But the ‘plans’ are not ‘failures’ if their real ‘justification’ is to convert whole nations and governments into handcuffed debt-repayment mechanisms, flood their markets with first-world imports, and sell off state industries and public services to multinational corporations at ‘briberised’ or ‘fire-sale’ prices. Slashing health care, dumping toxic waste, and jacking up the prices of food, water, and fuel are all part of the same logic of dressing up economic invasion and servitude in the guise of ‘financial support’, ‘economic growth’ and ‘reduction of poverty’ [2770] — collateral damage, so to speak, like economic cluster bombs waiting to ignite.

VII.J Discourse and counter-discourse 7: The ‘Patriot Acts’108

105. If it seems callous to call the 9/11 attacks a ‘golden opportunity’ for an illegitimate presidency [2274], the administration’s moves to ‘exploit’ it have been callous enough, though the press was initially ‘shy’ about ‘pointing this out’ [2275].

[2274] The events of Sept. 11 shocked and horrified the nation; they also presented the Bush administration with a golden opportunity to bury its previous misdeeds.109

[2275] The press has become a lot less shy about pointing out the administration’s exploitation of 9/11, [now] that exploitation has become so crushingly obvious. As The Washington Post pointed out, in the past six weeks President Bush has invoked 9/11 not just to defend Iraq policy and argue for oil drilling in the Arctic, but in response to questions about tax cuts, unemployment, budget deficits, and even campaign finance.110

At all events, the ‘administration’ gladly seized the ‘opportunity’ to foist an orgy of radically right-wing legislation upon Congress, maximising secrecy for the government and its agents whilst minimising it for the citizens. In effect, the ‘government’ arrogated to itself sweeping powers of secret surveillance and control, and stipulated that citizens or residents who were ‘unpatriotic’ enough to resist, refuse, or speak out can be fined, imprisoned, or deported (or have their ‘faces slammed into a wall’, 109.2.2).

106. The outcome was the ‘USA PATRIOT’ Act (342 pages), whose title is a monstrously devious and contrived acronym for ‘Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism’ (HR 3162 RDS, 107th Congress).111 The discourse actually says nothing at all about ‘patriots’ and refers to ‘patriotism’ exactly once, namely when

[2276] the Nation is called upon to recognize the patriotism of fellow citizens from all ethnic, racial, and religious backgrounds. (Section 102)112

presumptively including those Black and Hispanic Americans who were illegally stripped of their voting rights in Florida (VII.19). A more honest title would be (to ape a post-9/11 threat from Ari Fleischer) the ‘Watch What You Say And Do, Because We Will Without You Knowing It’ Act. It was ‘triumphantly signed into law’ by ‘President’ Bush on October 26, 2001, suspiciously soon (45 days) after the attack, rammed through Congress under unprecedented conditions:

[2277] The act was hurriedly signed into law with  overwhelming  approval within six weeks of the  terrorist  attacks  on  New  York  and  Washington, without  hearings or without  being  marked up by a congressional committee. (Noell Straub in the Progressive Review)www  

[2278] Congressman Ron Paul (R-Texas [!]) told the Washington Times that no member of Congress was allowed to read the first Patriot Act […] before its passage, and no debate was tolerated by the House and Senate leadership. […] Dick Cheney […] publicly threatened members of Congress that if they didn’t vote in favor of it they would be blamed for the next terrorist attack. [Even the far-right columnist] William Safire described the first Patriot Act’s powers by saying that President Bush was ‘seizing  dictatorial control’. (Alex Jones in Infowars)

Surely Cheney’s support in Congress for armour-piercing cop-killer bullets and guns that fool metal detectors (VII.2) should make him the very darling of terrorists. Meanwhile, the veil of maximal secrecy enshrouding the passage coincided with ‘Attorney General’ John Ashcroft’s ‘Memorandum for Heads of All Federal Departments and Agencies’ goading them to stonewall ‘requests for information’:

[2279] When you carefully consider FOIA [Freedom of Information Act] requests and decide to withhold records, in whole or in part, you can be assured that the Department of Justice will defend your decisions. 

However, some authentic patriots posted the secretive discourse of the ‘Patriot Act’ on the Internet, where it has been analysed by citizens’ advocacy groups like the American Civil Liberties Union (ACLU, at www.aclu.org).

107. Not content with the radical Patriot Act (hereafter Patriot I), the ‘Department of Justice’ (hereafter DoJ, its own acronym) concocted the even more radical ‘Patriot Act II’ (120 pages), whose official title is the ‘Domestic Security Enhancement Act’, dated January 9, 2003 and secretly forwarded ‘for comment’ on January 10 to Speaker of the House Dennis Hastert and ‘Vice-President’ Cheney,113  but  publicly (and unexpectedly) posted by the Center for Public Integrity (CPI) on the Internet on February 7.114 Though stamped for secrecy with ‘confidential – not for distribution’ at the top of every page, it opens with a  revealing ‘Section-By-Section Analysis’ evidently intended as a public or at least congressional advocacy of why previous legislation, including Patriot I, needs to be ‘amended’.

108. I downloaded both discourses and installed them as a mini-corpus in WordPilot to search for significant frequencies and collocations. Admittedly, analysing two strenuous legal discourses of 56,869 words (Patriot I) and 36,664 words (Patriot II) is a daunting challenge under any circumstances, but these two discourses were designed to treat secrecy in secretive language, just in case anyone inside or outside of Congress should essay to read them (cf. 109.3.1). Still, I shall essay to isolate and illustrate some major discursive strategies.

109.1.1. One strategy is to use the term ‘terrorism’ continually or in expansive senses and contexts. If, as we, saw, Patriot I says virtually nothing about ‘patriots’ and ‘patriotism’ (VII.106), it makes 336 mentions of ‘terrorism’ and ‘terrorist’, plus their various derivatives like ‘bioterrorism’ (but mercifully not ‘food terrorism’).115   In Patriot II, where ‘patriot’ or any derivative occurs exactly zero times (except in the name of the predecessor act), ‘terrorist/terrorism’ occurs 353 times, almost twice the density (at .096%) as that in the much longer Patriot I (at .059 %). Typically, the term clusters within Patriot II in contexts of ‘threatening’ or ‘endangering’ ‘security’, unsubtly reinforcing the message that the threat is real and omnipresent.

109.1.2. The term is strategically expanded for ‘domestic’ activities not ordinarily relating to terrorism, essentially creating a new and broad definition:

[2280] The term ‘domestic terrorism’ means activities that (A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; (B) appear to be intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion. (802)I

In a literal reading, clause (A) would reclassify as ‘terrorism’ every ‘violation of law’ that ‘endangers human life’, which should include the various death-dealing attacks on worker safety and consumer health that the federal government is so reluctant to prosecute (VII.E-F). By the second and third clauses (B-C), you can qualify as a ‘terrorist’ without doing anything at all, or even ‘intending’ to; you need merely ‘appear to intend’ to do it. Thus, overt ‘acts’ become ‘terrorism’ through the interpretation of the law enforcement agencies or their informants who judge ‘appearances’. For some ‘authorities’, just being a ‘Middle East citizen’ might be probable cause (cf. VII.45):

[2281] Hundreds of Iranian and other Middle East citizens were in southern California jails on Wednesday after coming forward to comply with a new rule to register with immigration  authorities only to wind up handcuffed and behind bars […] under a new nationwide anti-terrorism program. (Reuters, 19/12/2002)

109.1.3. Expansive too is having ‘terrorism’ cover ‘intimidating civilians’ (unless the government does), which could include warning them about ‘dangerous chemical companies’, which Patriot II restricts you doing, as we’ll see in [2310]. ‘Influencing the policy of a government’ could include filing a lawsuit for release of White House documents relating to its collaboration with Enron (cf. VII.23).

109.1.4. Elsewhere, the term ‘terrorist’ craftily alternates with consumer’:

[2282] To avoid alerting terrorists that they are under investigation, this provision would prohibit (absent court approval) disclosing to a consumer the fact that law enforcement has sought his credit report. (126)II

Yet even these loose discourses hardly cover acts to which the DoJ is zealously applying the label of ‘terrorism, where no ‘life is ‘endangered’, and no ‘population’ or ‘government’ is being ‘intimidated’ or ‘coerced’, viz.:

[2283] In the first two months of this year, the Justice Department filed ‘terrorism’ charges against 56 people. But an investigation has found that at least 41 of them had nothing to do with terrorism — a point that prosecutors acknowledge. […] The largest group of ‘terrorism’ cases this year was [surprise!] from Texas, where prosecutors have won guilty pleas from Latinos charged with illegally working at the Austin airport. (Mark Fazlollah in Knight Ridder Newspapers)

[2284] The Justice Department has used many of the anti-terrorism powers granted in the wake of the Sept. 11, 2001 attacks to pursue defendants for crimes unrelated to terrorism, including drug violations, credit card fraud, and bank theft, according to a government accounting released yesterday. (Dan Eggen in the Washington Post)

I was wryly amused by the DoJ's recently opened ‘website launched to educate Americans about how we are preserving life and liberty by using the USA PATRIOT Act’, where ‘drug crimes, mail fraud, and passport fraud’ are at least correctly termed ‘ordinary, non-terrorism crimes’ (www.lifeandliberty.gov).

109.2.1. A second strategy is to apply the extraordinary category of ‘enemy combatants’ to strip ‘suspects’ of all legal and constitutional rights:

[2285] The Bush administration is developing a parallel legal system in which terrorism suspects — U.S. citizens and noncitizens alike — may be investigated, jailed, interrogated, tried and punished without legal protections guaranteed by the ordinary system, lawyers inside and outside the government say. (Washingon Post)

As usual, the DoJ emitted its justification in smarmy fraudspeak:

[2286] Attorney General John Ashcroft Tuesday adamantly defended the administration’s policy to detain enemy combatants without giving them the right to speak to an attorney. ‘Some people fail to understand that security is designed to secure something, and what we are securing are the rights of individuals’, Ashcroft told CNN’s Larry King Live. ‘So, rather than security being something that challenges rights and that diminishes rights, security makes those rights safe and strong.’ (CNN)

This tortuous logic hinges on Ashcroft’s odd notion (reported in Time)116 of  ‘civil liberties’ centring on ‘the right to be uninjured’ and to ‘to live in freedom’, which are inexplicably threatened by giving jailed defendants an attorney — never mind the verdict of the trial, which the government is not obligated to hold anyway.

109.2.2. Conversely, precisely those same ‘liberties’ are denied to supposed enemy combatants’, such as the Muslim ‘detainees’ in Guantanamo (a locale chosen because it lies outside US jurisdiction and rule of law), viz.:

[2287] Upon leaving their cells, they have been subjected to strip searches and body cavity searches, and they have been placed in ‘three-piece suits’ consisting of leg restraints and a belly chain linked to handcuffs. (Amnesty International)

[2288] His face was slammed into a wall and he was kicked by prison guards. His lower teeth were loosened in the process, and although he was in extreme pain, he was not allowed to see a dentist. (Turkmen vs. Ashcroft)

[2289] He was grabbed by the hair while he was shackled and forced to face an American flag by a prison guard who told him ‘This is America’. (Amnesty International)

Not surprisingly, the dire threat of being ‘declared enemy combatants’ suffices to extort guilty pleas without even ‘offering evidence’:

[2290] The federal government implicitly threatened to toss the defendants into a secret military prison without trial, where they could languish indefinitely without access to courts or lawyers. That prospect terrified the men. They accepted prison terms of 6 ½ to 9 years. ‘We had to worry about the defendants being whisked out of the courtroom and declared enemy combatants if the case started going well for us’, said attorney Patrick J. Brown, [even though] prosecutors never offered evidence that the defendants intended to commit an act of terrorism. […] ‘One by one’, Bush said after the arrests, ‘we’re hunting the killers down’.117

In January 2002, a court decision granted ‘President’ Bush ‘the authority to designate U.S. citizens as enemy combatants and detain them in military custody if they are deemed a threat to national security’ (CNN Law).www  And, remember, he ‘doesn’t owe anybody an explanation’ (VII.3):

[2291] Solicitor General Ted Olson argued, in a recent legal brief, there is no requirement that the executive branch spell out its criteria for determining who qualifies as an enemy combatant and no set evidentiary standard the administration needs to meet in order to slap someone in prison, incommunicado, without right of appeal. (Beria Lives)www  

This same Olson once seemed eager to lock up the Clintons [2075] (VII.27), which theoretically could now be done but for the massive political fallout.

109.3.1. A third strategy is to make dense, often fragmented references to other statutes. This occurs extensively in both Patriot Acts, making minor ‘amendments’. in the wording (or punctuation) of 15 previous Statutes which are not quoted, though most can be downloaded from the Internet. Moreover, Patriot II proposes 22 changes to Patriot I, such as inserting the ominous section heading ‘Required disclosure of customer communications or records’ (Sec. 2703).

109.3.2. This strategy might be favoured for several compelling reasons. First, the DoJ purports to be making ‘only modest, incremental changes in the law’ (website), as if the Act were not radical but interwoven with established US legislation:

[2292] Congress [sic] simply took existing legal principles and retrofitted them to preserve the lives and liberty of the American people from the challenges posed by a global terrorist network. (DoJ website)

Second, the numerous calls among irate citizens to repeal Patriot I can be turned down for demanding a hunt for all the changes which have already been made, at least in the U.S. Code as it is now posted by the House of Representatives. Third, an Act written this way simply could not be digested by members Congress at the breakneck speed at which it got rammed through, as attested by [2277-78], even if they had a chance to read it and had taken the trouble (like I did) to gather the ‘amended’ Statutes. Still, I didn’t find any changes that seemed really more explosive and tyrannical than what is fully spelled out in the Patriot Acts.

109.3.3. The clear favorite was the United States Code, which was ‘amended’ 203 times in Patriot I and 82 times in Patriot II, of which 190 are directed only to Title 18, ‘Crimes and Criminal Procedure’. Title 18 is a truly gargantuan document, comprising (as of March 2004) 999,499 words in 122,292 paragraphs, and growing each time it gets ‘amended’. Some amendments in the Patriot Acts form stretches of discourse that are uninformative and, for most Americans, utterly meaningless, e.g.:

[2293] Rule 6(e)(3)(D) of the Federal Rules of Criminal Procedure is amended by striking ‘(e)(3)(C)(i)’ and inserting ‘(e)(3)(C)(i)(I)’. (203)I

[2294] Section 2510 of title 18, United States Code, is amended in paragraph (17), by striking ‘and’ after the semicolon (800)I

Others at least betray the DoJ’s intentions, e.g., increasing the penalty for ‘wilfully and maliciously setting fire to or burning any building’ that is a ‘dwelling or if the life of any person be placed in jeopardy’ (U.S. Code) from ‘not more than twenty years’ ‘to ‘any term of years or for life’ (810)I.

109.3.4. Similarly, ‘mail fraud’ was augmented by the new ‘felony’ called ‘computer fraud and abuse’ (202). The ‘telephone toll billing records’ the DoJ can request for suspected citizens became ‘local and long distance telephone connection records, or records of session times and durations’ (210). And the term ‘chemical’ was deleted in front of ‘weapons of mass destruction’ (104) to make the latter term more encompassing for deadly items like tubes and trailers.

109.4.1. A fourth strategy is to insist that prevailing legislation, including Patriot I, is perilously weak. Perhaps the slam-bang passage of Patriot I made the DoJ confident that even more ‘patriotism’ could be inflicted on the cowed nation (say, like the second big tax cut). So Patriot II bristles with unintentionally ironic (not to say comic) gripes against Patriot I for containing ‘typographical and other errors’ that prevent full utilization’ (428)II; manifesting ‘lack of clarity’ about ‘disclosure of e-mails’ (121)II; ‘losing valuable and necessary intelligence exemptions’ for ‘pen registers’ (monitor outgoing telephone calls) and ‘trap and trace devices’ (monitor incoming calls) (110)II; ‘complicating or preventing prosecution of persons convicted of non-violent terrorist offenses’ (410)II (not ‘prosecuted’ yet ‘convicted’ seems to be the status of ‘enemy combatants’); and generally ‘failing to take account of the myriad ways in which, in the modern world, war can be waged against the United States’ (501)II.

109.4.2. Yet a ‘lack of clarity’ can offer strategic advantages, such as allowing vague extensions for the term ‘terrorist’. Besides, how the ‘tools’ of Patriot I could be ‘utilized’ more ‘fully’ than current practices like [2295] is hard to imagine, let alone how typos could be ‘preventing’ them. (Perhaps the zeal of the agents was heightened by invading a town named Moscow?)

[2295] The FBI flew in 120 agents, fully-armed in riot gear, on two military aircraft, to Moscow, Idaho, to arrest one Saudi graduate student for visa fraud. The raid went down in University of Idaho student housing at 4:30 a.m. in the morning, terrorizing [!] the suspect’s family  [and] the families of neighboring students. […] At least 20 other students who had the misfortune to either know the suspect or to have some minor immigration irregularities were also subjected to substantial, surprise interrogations (4+ hours)… (Elizabeth Barker Brandt, Professor of Law at the University of Idaho)

Terrorism for ‘visa’ terrorists, with stars and stripes on it.

109.5.1. A fifth strategy is to appropriate mountains of public money for ‘national security’. Patriot I contains a barrelful of such provisions, mostly (surprise!) to the various arms of the DoJ, who wrote it. The sums are suspiciously round and enormous (e.g., four payouts of $50,000,000 each). By carefully tallying up the provisions,108 I computed the minimum cost of the Act for the taxpayer coming to $2,927,250,000. Yet the real cost will be far higher, because the Act also authorises ‘such sums as may be necessary’ for at least five other costly projects.108 Undoubtedly, these self-serving ‘allocations’ would have been cut back in Congress during a genuine debate — another compelling reason for not having any [2277-78].

109.5.2. In vain I scoured the discourse of Patriot I for some practical explanation of how millions of dollars actually translate into ‘antiterrorism training’ or ‘defending the Nation’. Presumably, an arsenal of high technology is to be purchased and unleashed, taking for granted that terrorism — like those insolent ‘weapons of mass destruction’ that unreasonably refuse to come out of hiding — will be found if you just look hard enough. The prospective gadgetry is literally endless:

[2296] Iris, retina, and fingerprint scanners; hand-geometry assayers; remote video-network surveillance; face-recognition software; smart cards with custom identification chips; decompressive baggage checkers that vacuum-extract minute chemical samples from inside suitcases; tiny radio implants beneath the skin that continually broadcast people’s identification codes; pulsed fast-neutron analysis of shipping containers…118

109.5.3. In return, I noticed some curious omissions in the financing. Agents are to be ‘trained’ in ‘utilizing foreign intelligence information’ but no mention is made of them learning foreign languages, perhaps because that wouldn’t sound expensive enough. Cash is piled up ‘protecting the northern border’ (perhaps with a chain-link fence made of US coins with a nice doublespeak name like ‘Penny Blockade’ or ‘Necklace of Nickels’ or ‘Borders of Quarters’?), but none for the southern border, notorious for smuggling. Or again, ‘antidrug’ funds go to Turkey and South and Central Asia (1005)I, but not Latin America — singling out Muslim nations?. The link between drugs and ‘terrorism’ is of course a pet theme of the ‘President’:

[2297] ‘If you’re doing drugs, you’re helping terrorists.’ […] While stopping just short of calling drug users terrorist co-conspirators, Bush argued that, because many terrorist organizations worldwide are financed in part by drug trafficking, quitting drugs may in some ways help cut off the flow of money to groups like al-Qaeda. (Associated Press)

You’re supposed to forget that al-Qaeda, like Bush and much of his family, is financed by oil money, so the real way to ‘cut of the flow of money’ is (God bless the mark!) to conserve energy.

109.6.1. A sixth strategy is to push for unlimited rights to watch and listen to citizens without asking or telling anybody. Patriot I authorises total ‘interception’: not just via ‘wiretaps’, ‘pen registers’ and ‘trap and trace devices’ (see 109.4.1) (Sections 214, 216), and ‘seizure of voice-mail messages’ (209), but also via information from internet service providers about a citizen’s web surfing, e-mails, chat sites, special interest groups, membership in organisations, and so on — all channelled to ‘computer forensic laboratories for seized or intercepted computer evidence relating to criminal activity (including cyberterrorism)’ (816). You need not even be under investigation; the ‘interceptor’ just needs ‘reasonable grounds to believe that the contents will be relevant to the investigation’ (217). For good measure, ‘immunity’ from ‘court action’ is granted to ‘any provider of a wire or electronic communication service’ that ‘furnishes information’ (225). We should keep in mind here that the major news media being tamed, cowed, or bought up by 'converatives', the Internet is prime medium of information and resistance to the Bush team, who would gain much by criminalizing it as the arena for ‘cyberterrorism’ (a hazy Sci-Fi term the Act nowhere explains (perhaps ‘unpatriotic’ websites like bushwatch.com, bushandcheneysuck.com, or toostupidtobepresident.com, so far still posted). And we saw the ‘mission’ of the ‘New American Century’ to ‘take total control of cyberspace’ (VII.97).

109.6.2. Immunity is also granted to citizens who ‘furnish a consumer report of a consumer and all [!] other information in a consumer’s file to a government agency’; in return, they are forbidden to ‘disclose to any person, or specify in any consumer report, that a government agency has sought or obtained access to information’ (626)I. Again, ‘consumers’ are placed in a context together with ‘terrorists’, even if they only misuse their credit cards (compare sample [2284])

109.6.3. Moreover, not ‘complying with a request’ can be hazardous: