Tuesday Reads: Is It Fascism Yet?

Good Morning

Things are getting real now. Trump sent unidentified federal troops into Portland, Oregon to illegally abduct peaceful protesters, force them into unmarked cars, and transport them to secret locations. Now he is threatening to send his goons into more cities and states led by Democratic mayors and governors. This is a giant step toward fascism.

Michelle Goldberg at The New York Times: Trump’s Occupation of American Cities Has Begun.

The month after Donald Trump’s inauguration, the Yale historian Timothy Snyder published the best-selling book “On Tyranny: Twenty Lessons From the Twentieth Century.” It was part of a small flood of titles meant to help Americans find their bearings as the new president laid siege to liberal democracy.

One of Snyder’s lessons was, “Be wary of paramilitaries.” He wrote, “When the pro-leader paramilitary and the official police and military intermingle, the end has come.” In 2017, the idea of unidentified agents in camouflage snatching leftists off the streets without warrants might have seemed like a febrile Resistance fantasy. Now it’s happening.

According to a lawsuit filed by Oregon’s attorney general, Ellen Rosenblum, on Friday, federal agents “have been using unmarked vehicles to drive around downtown Portland, detain protesters, and place them into the officers’ unmarked vehicles” since at least last Tuesday. The protesters are neither arrested nor told why they’re being held.

There’s no way to know the affiliation of all the agents — they’ve been wearing military fatigues with patches that just say “Police” — but The Times reported that some of them are part of a specialized Border Patrol group “that normally is tasked with investigating drug smuggling organizations.”

Why Trump chose the Border Control to act as his personal secret police:

“It doesn’t surprise me that Donald Trump picked C.B.P. to be the ones to go over to Portland and do this,” Representative Joaquin Castro, Democrat of Texas, told me. “It has been a very problematic agency in terms of respecting human rights and in terms of respecting the law.”

It is true that C.B.P. is not an extragovernmental militia, and so might not fit precisely into Snyder’s “On Tyranny” schema. But when I spoke to Snyder on Monday, he suggested the distinction isn’t that significant. “The state is allowed to use force, but the state is allowed to use force according to rules,” he said. These agents, operating outside their normal roles, are by all appearances behaving lawlessly.

Snyder pointed out that the history of autocracy offers several examples of border agents being used against regime enemies.

“This is a classic way that violence happens in authoritarian regimes, whether it’s Franco’s Spain or whether it’s the Russian Empire,” said Snyder. “The people who are getting used to committing violence on the border are then brought in to commit violence against people in the interior.”

CBC Radio: ‘It feels like an invasion,’ says Portland protester detained by federal agents.

When Mark Pettibone was detained by armed camouflage-clad officers and forced into an unmarked van last week, he says he had no idea what was happening to him.

Pettibone, 29, is one of several protesters in Portland, Ore., who say they’ve have been arrested by militarized federal agents in recent weeks.

The officers were deployed by the Department of Homeland Security to help the Federal Protection Service protect federal buildings and statues from protesters who have been demonstrating against police brutality.

Mark Pettibone

The so-called “rapid deployment teams” have been seen sporting military-style fatigues with the word “Police” on them, but no badge numbers or identifying information. They include members of Immigration and Customs Enforcement, the Transportation Security Administration and the Coast Guard, according to the New York Times.

Portland’s mayor has called their presence unconstitutional and demanded the federal government remove them from his city.

But DHS and U.S. President Donald Trump have both defended the move, and refused to back down. Trump suggested Monday he may soon deploy more officers to confront protesters in New York, Chicago, Philadelphia, Detroit, Baltimore and Oakland, noting the cities’ mayors are “liberal Democrats.”

Read and/or listen to the interview with Pettibone at the link.

Yesterday the Chicago Tribune reported that Trump’s storm troopers will be sent to Chicago next: Trump expected to send new federal force to Chicago this week to battle violence, but plan’s full scope is a question mark.

Chicago may see an influx of federal agents as soon as this week as President Donald Trump readies to make good on repeated pledges he would try to tamp down violence here, a move that would come amid growing controversy nationally about federal force being used in American cities.

U.S. Department of Homeland Security, for example, is crafting plans to deploy about 150 federal agents to the city this week, the Chicago Tribune has learned.

The Homeland Security Investigations, or HSI, agents are set to assist other federal law enforcement and Chicago police in crime-fighting efforts, according to sources familiar with the matter, though a specific plan on what the agents will be doing — and what their limits would be — had not been made public.

DHS in Washington did not immediately respond to requests for comment, while the Department of Justice indicated an announcement would be forthcoming on an expansion of what has been dubbed Operation Legend, which saw several federal law enforcement agencies assist local police in Kansas City, Missouri, including the FBI and U.S. Marshals Service.

One Immigration and Customs Enforcement official in Chicago, who asked not to be named because they were not authorized to speak on the matter, confirmed the deployment was expected to take place. The official noted that the HSI agents, who are part of ICE, would not be involved in immigration or deportation matters.

Federal agents being used to confront street protesters in Portland, Oregon, has raised alarm in many circles. Chicago, too, has dealt with protests that have led to injuries in recent days.

The New York Times: Trump Threatens to Send Federal Law Enforcement Forces to More Cities.

President Trump plans to deploy federal law enforcement to Chicago and threatened on Monday to send agents to other major cities — all controlled by Democrats.

Governors and other officials reacted angrily to the president’s move, calling it an election-year ploy as they squared off over crime, civil liberties and local control that has spread from Portland, Ore., across the country.

With camouflage-clad agents already sweeping through the streets of Portland, more units were poised to head to Chicago, and Mr. Trump suggested that he would follow suit in New York, Philadelphia, Detroit and other urban centers. Governors and other officials compared his actions to authoritarianism and vowed to pursue legislation or lawsuits to stop him….

The president portrayed the nation’s cities as out of control. “Look at what’s going on — all run by Democrats, all run by very liberal Democrats. All run, really, by radical left,” Mr. Trump said. He added: “If Biden got in, that would be true for the country. The whole country would go to hell. And we’re not going to let it go to hell.”

Democrats said the president was the one out of control. Senator Jeff Merkley of Oregon said he would introduce legislation to limit the role of federal agents in cities like Portland. “This isn’t just an Oregon crisis,” he said. “It’s an American crisis. We need to stop Trump before this spreads.”

He added, “We won’t let these authoritarian tactics stand.”

Read the rest at the NYT.

Slate Magazine: Trump’s Legal Justification for the Abduction of Portland Protesters Is Absurd.

Last week, people wearing combat fatigues were seen pulling apparently peaceful protesters off the streets of Portland, Oregon, and hustling them into unmarked vehicles. Their uniforms carried no identifying insignia, but they were clearly military uniforms. Based on the video evidence so far, the people being arrested were not engaged in crime. So we are faced with two questions. First, are these people military personnel, or are they police officers dressed up like soldiers? Second, do these people have the authority to sweep people off the street like this?

According to the Department of Homeland Security, the answer to the first question is that the force patrolling the streets of Portland consists of the Federal Protective Service, whose job it is to protect federal property. Personnel from other federal agencies—principally the Border Patrol—have also reportedly been deputized to assist in that mission. So these uniformed personnel are a militarized police force, which is always a dangerous thing. The answer to the second question is that, under the Fourth Amendment, this force does not have the authority to detain people like this. But government lawyers will rely on expansive theories of police power that cripple Fourth Amendment protection against unlawful seizures. This would not be the first time the federal government has tried this, though it appears to be one of the first targeting people exercising their First Amendment right to protest.

The Federal Protective Service has the authority to make arrests “if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony.” If that doesn’t sound right to you, it shouldn’t. People can’t be arrested unless the arresting officer has probable cause—not merely reasonable grounds—to believe a crime has been committed or is underway. That’s required by the Fourth Amendment to the Constitution, which presumptively prohibits seizures without probable cause.

Read the rest of the legal argument at Slate.

More galloping authoritarianism stories to check out:

Lawfare: DHS Authorizes Domestic Surveillance to Protect Statues and Monuments.

CNN: Trump’s team is increasingly adopting the narratives of autocracy.

Philadelphia Inquirer: Kenney and Krasner Slam Trump After President Threatens to Send Feds to Philly.

Will Bunch at The Philadelphia Inquirer: Trump’s made-for-TV fascism in Portland won’t get him reelected. It may get someone killed.

Slate: Trump Is Now Deploying Unidentified ICE Agents to Arrest Protesters in Democratic-Run Cities.

CNN: ‘Things could get very ugly’: Experts fear post-election crisis as Trump sets the stage to dispute the results in November.

The Guardian: Trump consults Bush torture lawyer on how to skirt law and rule by decree.

Take care and have courage, Sky Dancers!


Monday Reads

snappy storiesGood Morning!

One of the things that really amazes me when I talk to folks on either ends of the political spectrum is that both think that our republic is falling prey to self-dealing politicians and corporations that exist only to take from tax payers.  The themes are somewhat different when it comes to the associated concerns but the overall  vision of a country and great democracy in decline appears shared.  I often wonder why very few of either see the real dangers but focus more on the silly stuff.  We have had some pretty astounding portends of our Huxleyian future.  It seems we have met the enemy and he is indeed us to borrow from that old Pogo cartoon.

I read this astounding take on the collapse of the building in Philadelphia by William Bunch at his blog at The Inquirer. It is called “When Things Fall Apart”.  It’s an apt lede for nearly everything these days from our infrastructure to our national security policy.

To be clear. the collapse here in Philadelphia of the four-story building was no metaphor — it was a senseless, heartbreaking tragedy that was all too real for people who were shopping for bargains in a Salvation Army thrift store one minute and trapped in a mountain of rubble the next. But the building collapse did seem to be the the epitome, at least here in Philadelphia, of a week that had the feel from start to finish of things falling apart, of the old foundations collapsing and no one sure exactly which of the many suspects is to blame — or what, if anything, will replace them.

Much like the Santa Monica shooting, the news locally that some 3,700 Philadelphia school employees are getting pink slips, the first step in transforming the remaining schools from places of learning to oversized child warehouses, floated away into the weekend ether, In the past, such a move would be seen as a mere bargaining ploy, but in 2013 the sense is growing that no one can stop this tragedy, that Philadelphians have become powerless bystanders watching our schools fall down in slow motion — very much like the citizens who called help lines and begged for someone to stop the shoddy demolition at 22nd and Market.

Nationally, the news was dominated by a serious of revelations — initiated, we now know, by a courageous whistleblower named Edward Snowden — that the U.S. government’s scooping up of data about its everyday citizens — who we’re calling on the telephone, now long we talked for, and possibly whom we’re talking to overseas on the Internet via sites like Facebook or Google — is much more extensive than all but the most cynical among us expected, or feared.

Nothing about the deadly demolition of a blighted four-story building at the edge of downtown looked right. That’s what the people who had watched it in the days and weeks before the collapse told me.

In fact, everyone I spoke with said something seemed off – way off.

Everyone, apparently, except the city that issued a demolition permit for a building owned by infamous king of porn and serial slumlord Richard Basciano. The permit was issued to Philadelphia architect Plato Marinakos for Griffin Campbell Construction – led by a demolition boss who in addition to a criminal record, also has a history of violations on other properties he’s worked on.

Despite obvious red flags, the city is claiming everything was on the up and up, the demolition company had proper permits, the workers were certified, blah, blah, blah.

But I wonder how workers can be vetted when permits are issued through a middleman? And I wonder what, if any, oversight the project had? And I wonder if anyone from L&I ever inspected the site?

If anyone was monitoring the site, neighbors and construction workers said they missed some obvious signs of trouble.

Workers weren’t wearing hard hats.

They were trying to tear down the building in the dark with sledgehammers and flashlights.

And union carpenters working nearby said the wall that eventually collapsed wasn’t braced properly.

The demo was so screwed up, they said, they were literally waiting for the building to collapse.

And it did, apparently killing six people and hurting 13 others who had to be rescued from the rubble.

Yup. We see it all coming and then we watch as it keeps happening.  Joan Walsh believes we Americans are a passive lot these days.05-Atelier-Levitt-Him--Skamander-Magazine-cover--1937_900

On Thursday night the National Journal released a poll showing that 85 percent of those surveyed believed it was “likely” that their “communications history, like phone calls, e-mails, and Internet use,” was “available for businesses, government, individuals, and other groups to access without your consent.” The steady drip, drip, drip of detail about our ever-expanding national security state has led all of us to protect ourselves a little with a kind of tired cynicism about it.

And I think there’s more to the indifference, even by a lot of liberals, to this latest news than just “it’s OK when our guy does it.” Partly, we blame ourselves. Probably every one of us has thought from time to time about how exposed we all are, from our cellphones to email to the Internet “cloud” to all of social media — and then we go about our business using all of it because it’s all so damn awesome. And so, on some level, we feel partly culpable. We always knew, or suspected, all of this was possible — and went on doing it anyway.

We know our cellphone signal lets us be tracked, which sometimes seems creepy, but seems excellent when you can activate “Find My Phone” to locate your iPhone in the cab where you dropped it last night, or find the best Japanese restaurant near your current location on Yelp. We all scream when Facebook changes its privacy settings without notice – but very few of us close our accounts in protest. We are tweeting our outrage from our Sprint smartphones, Googling to find out whether Sen. Obama really flip-flopped and voted to authorize the way the Bush administration was using FISA in 2008 (he did), then G-chatting with our editors about when we’re filing our stories on all of it.

There’s a strong Calvinist impulse in the American psyche: So often, Americans blame themselves for their troubles. If I worked harder, maybe I wouldn’t have lost my job. I should have stayed in school. If I hadn’t gotten so drunk, I wouldn’t have been date-raped. If I wasn’t strutting all over social media like a strumpet, and so tied to my iPhone, addicted to my email, they wouldn’t have so much data on me. We shouldn’t have walked down that dark data alley; it’s not like we weren’t warned.

G6dDtAgain, it’s like people have the sense of something going all wrong but have their focus on the wrong thing.  Walsh talks about the blinders of partisan democrats above.  Republicans have a brand that denies more of reality.  Lloyd Green–at the Daily Beast–calls it a “Modernity Gap”.

… a report issued this week by the College Republican National Committee, Grand Old Party for a Brand New Generation, indicted the Republicans for being “closed-minded, racist, rigid, old-fashioned;” for singularly attacking government; for hostility toward gay marriage, and for acting like the “stupid party.” But too many in the GOP seem to embrace that label.

Limiting the evidence to just the past two weeks, Exhibit No. 1: Texas Congressman Louie Gohmert, a GOP member of House Judiciary Committee, told a witness — who had ended her pregnancy after having been advised that the fetus was brain dead, that she should have carried the “child” to term.

Exhibit No. 2: Erik Erickson, the founder of RedState, mansplained to Fox News’ incredulous Megyn Kelly this week that “when you look at biology, look at the natural world, the roles of a male and a female in society, and other animals, the male typically is the dominant role.”

Exhibit No. 3: Phil Bryant, Mississippi’s first-term governor, blamed working mothers for American illiteracy.

Exhibit No. 4, Georgia Senator Saxby Chambliss attributed rape in the armed forces to hormones.”

The real problem, though, is not stray and scatterred comments. Rather it is that such comments speak to the party’s discomfort with modernity.

Notice how much of these examples are aimed at women and have a distinct religious fanaticism about them. I wanted to actually not make this a depressing post, but I find myself ending with more than a bit of a nihilistic headline from Noam Chomsky who asks: “Are We on the Verge of Total Self-Destruction?” However, his post looks at places where people are doing something.

In fact, all over the world — Australia, India, South America — there are battles going on, sometimes wars.  In India, it’s a major war over direct environmental destruction, with tribal societies trying to resist resource extraction operations that are extremely harmful locally, but also in their general consequences.  In societies where indigenous populations have an influence, many are taking a strong stand.  The strongest of any country with regard to global warming is in Bolivia, which has an indigenous majority and constitutional requirements that protect the “rights of nature.”

Ecuador, which also has a large indigenous population, is the only oil exporter I know of where the government is seeking aid to help keep that oil in the ground, instead of producing and exporting it — and the ground is where it ought to be.

Venezuelan President Hugo Chavez, who died recently and was the object of mockery, insult, and hatred throughout the Western world, attended a session of the U.N. General Assembly a few years ago where he elicited all sorts of ridicule for calling George W. Bush a devil.  He also gave a speech there that was quite interesting.  Of course, Venezuela is a major oil producer.  Oil is practically their whole gross domestic product.  In that speech, he warned of the dangers of the overuse of fossil fuels and urged producer and consumer countries to get together and try to work out ways to reduce fossil fuel use.  That was pretty amazing on the part of an oil producer.  You know, he was part Indian, of indigenous background.  Unlike the funny things he did, this aspect of his actions at the U.N. was never even reported.

Perhaps it is time we here in the US took similar action.  Rather than accepting this march to the destruction of our privacy, our identities and our freedoms, we should do what we can where we are.   Here are the things we need to change via Robert Reich.  Most are the result of the Reagan mindset that our government is the problem.  However, his list shows that the red states are getting worse while the blue states are showing signs of moving the other direction.  Is geography destiny in this country once again?

Federalism is as old as the Republic, but not since the real Civil War have we witnessed such a clear divide between the states on central issues affecting Americans.

Some might say this is a good thing. It allows more of us to live under governments and laws we approve of. And it permits experimentation: Better to learn that a policy doesn’t work at the state level, where it’s affected only a fraction of the population, than after it’s harmed the entire nation. As the jurist Louis Brandies once said, our states are “laboratories of democracy.”

But the trend raises three troubling issues.

First, it leads to a race to bottom. Over time, middle-class citizens of states with more generous safety nets and higher taxes on the wealthy will become disproportionately burdened as the wealthy move out and the poor move in, forcing such states to reverse course. If the idea of “one nation” means anything, it stands for us widely sharing the burdens and responsibilities of citizenship.

Second, it doesn’t take account of spillovers — positive as well as negative. Semi-automatic pistols purchased without background checks in one state can easily find their way easily to another state where gun purchases are restricted. By the same token, a young person who receives an excellent public education courtesy of the citizens of one states is likely to move to another state where job opportunity are better. We are interdependent. No single state can easily contain or limit the benefits or problems it creates for other states.
Finally, it can reduce the power of minorities. For more than a century “states rights” has been a euphemism for the efforts of some whites to repress or deny the votes of black Americans. Now that minorities are gaining substantial political strength nationally, devolution of government to the states could play into the hands of modern-day white supremacists.
A great nation requires a great, or at least functional, national government. The Tea Partiers and other government-haters who have caused Washington to all but close because they refuse to compromise are threatening all that we aspire to be together.

Just some things to think about.  What’s on your reading and blogging list today?