Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

marmar

(77,084 posts)
Thu Jul 11, 2013, 08:45 AM Jul 2013

Secret Intelligence Court a Precursor to Tyranny


from truthdig:


Secret Intelligence Court a Precursor to Tyranny

Posted on Jul 10, 2013
By William Pfaff


The current of awkward revelations concerning the clandestine or publicly misrepresented practices of the present and recent American administrations goes on. A long exposition in the New York Times and International Herald Tribune from July 8 concerns a widely unknown American secret court dealing with intelligence actions. The court decides whether certain actions are or are not legal, issues its rulings in secret and creates a new body of American law (or lawlessness, when it contravenes established public and constitutional law, which it is accused of doing). This is the Foreign Intelligence Surveillance Court.

The justification for this secret court—as is usual in the development of 20th century secret police states—is national security. The American case differs from the prominent earlier examples of such states in Bolshevik Russia and Nazi Germany, in that this American secret court operates behind a screen of what seem to be guilty obfuscations, which their authors know will not stand up to serious examination. Such obfuscations simply provide the rationales for concealment of this legal mechanism from public, press, and all but a certain number of congressmen and senators, all willing to provide the simulacrum of oversight because of their personal commitment to the belief that the United States makes itself secure by walking on what former Vice President Richard Cheney melodramatically described as “the dark side.”

It is the public who gets left in the dark about this, so as to protect the system.

The “dark side” of international combat or security operations, such as political assassinations, kidnappings, use of torture, or secret and illegal sequestrations or imprisonments, has on the whole seemed to have produced more American national humiliation, disrepute,and political blowback than advantage. It also is not entirely new; it is a characteristic of bureaucracies. ...............................(more)

The complete piece is at: http://www.truthdig.com/report/item/secret_intelligence_court_a_precursor_to_tyranny_20130710/?ln



26 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Secret Intelligence Court a Precursor to Tyranny (Original Post) marmar Jul 2013 OP
du rec. xchrom Jul 2013 #1
The single greatest line I've read in a very long time. Savannahmann Jul 2013 #2
Or just another "pass the buck" by our House and Senate... kentuck Jul 2013 #4
We are all Jackpine Radical Jul 2013 #5
Yes. This " If you do not use your eyes to see, you will need them to weep. Jean-Paul Sartre" n/t Catherina Jul 2013 #23
k&r for exposure. n/t Laelth Jul 2013 #3
It sure is. (in response to the title) Waiting For Everyman Jul 2013 #6
Truth to power. 99Forever Jul 2013 #7
The court that Carter and Ted Kennedy set up 35 years ago? Recursion Jul 2013 #8
there have been changes. cali Jul 2013 #12
From "They Thought They Were Free," p. 166 RufusTFirefly Jul 2013 #20
Great Post and I couldn't agree more. Hubert Flottz Jul 2013 #9
I am glad to see a sputtering of real criticism of the growing "dark side" corporate/police-state. Civilization2 Jul 2013 #10
K&R N_E_1 for Tennis Jul 2013 #11
What a joke WovenGems Jul 2013 #13
That's what the good Germans said. zeemike Jul 2013 #16
Really? WovenGems Jul 2013 #21
Yes really.....but by the 30s it was too late. zeemike Jul 2013 #24
We have a shadow government that owns most of our politicians at both the Federal and state levels. Dustlawyer Jul 2013 #14
Call it by any name Old Codger Jul 2013 #15
Must-read. Octafish Jul 2013 #17
This is what I think is most important: truebluegreen Jul 2013 #18
When the justice system goes rogue, this reminds me of the final scene Uncle Joe Jul 2013 #19
I don't see the secret Court as a precursor, I see it as entrenchment 1-Old-Man Jul 2013 #22
The government of, by, and for the people learning from the masters of totalitarian secret indepat Jul 2013 #25
Thank You For Sharing - Very Illuminating cantbeserious Jul 2013 #26
 

Savannahmann

(3,891 posts)
2. The single greatest line I've read in a very long time.
Thu Jul 11, 2013, 08:55 AM
Jul 2013
American secret court operates behind a screen of what seem to be guilty obfuscations


Need I say more?

kentuck

(111,104 posts)
4. Or just another "pass the buck" by our House and Senate...
Thu Jul 11, 2013, 08:58 AM
Jul 2013

Because they would rather someone else make the decisions about what is best for we, the people.

By the way, here is the pop-up ad on my page:
http://pagead2.googlesyndication.com/simgad/6342945519833177254

RufusTFirefly

(8,812 posts)
20. From "They Thought They Were Free," p. 166
Thu Jul 11, 2013, 11:12 AM
Jul 2013
"What happened here was the gradual habituation of the people, little by little, to being governed by surprise; to receiving decisions deliberated in secret; to believing that the situation was so complicated that the government had to act on information which the people could not understand, or so dangerous that, even if the people could not understand it, it could not be released because of national security."

Hubert Flottz

(37,726 posts)
9. Great Post and I couldn't agree more.
Thu Jul 11, 2013, 09:12 AM
Jul 2013

Our government has long since crossed the Rubicon...the founders would be mortified.

America looks more like prewar Germany or post war Eastern Europe every day.

Our voices no longer mean anything to OUR government.

Not much difference between the "World Order" of 1939 and Poppy Bush and friend's "New World Order." Same shit, different assholes.

 

Civilization2

(649 posts)
10. I am glad to see a sputtering of real criticism of the growing "dark side" corporate/police-state.
Thu Jul 11, 2013, 09:15 AM
Jul 2013

There have been an encouraging number of eloquent articles, posted here and elsewhere, applying logic and reason to the "terror" based fear that supports the rise of the secret-dark anti-democracy movement.

More please!

WovenGems

(776 posts)
21. Really?
Thu Jul 11, 2013, 11:36 AM
Jul 2013

If you see any parallels to 1930's Germany it comes from the TeaParty and not the NSA. The NSA does not listen to or read communications. The system ain't got a bit of magic in it. But people are good at imagining things.

zeemike

(18,998 posts)
24. Yes really.....but by the 30s it was too late.
Thu Jul 11, 2013, 03:29 PM
Jul 2013

The Nazi party was not taken seriously in the early days...they thought Hitler was just a joke and could never come to power...but he did and never got more than 35% pf the vote.
And it does not come from the Tea Party....they are quite comfortable with the surveillance state as most authoritarians are...you don't see them protesting it.

Dustlawyer

(10,495 posts)
14. We have a shadow government that owns most of our politicians at both the Federal and state levels.
Thu Jul 11, 2013, 09:32 AM
Jul 2013

We need to march in the streets and demand publicly funded elections! After a HUGE battle to take back control of our government, should we win we would then have to break up the big banks, insurance companies, media conglomerates and rebuild our political system to assure that Representative Democracy can survive!

 

Old Codger

(4,205 posts)
15. Call it by any name
Thu Jul 11, 2013, 09:38 AM
Jul 2013

But the name that comes to mid for me is "Star Chamber"



Advantages of the Star Chamber:
The Star Chamber offered expeditious resolution to legal conflicts. It was popular during the reigns of the Tudor kings, because it was able to enforce the law when other courts were plagued by corruption, and because it could offer satisfactory remedies when the common law restricted punishment or failed to address specific infractions. Under the Tudors, Star Chamber hearings were public matters, so proceedings and verdicts were subject to inspection and ridicule, which led most judges to act with reason and justice.
Disadvantages of the Star Chamber:
The concentration of such power in an autonomous group, not subject to the checks and balances of common law, made abuses not only possible but likely, especially when its proceedings were not open to the public. Although the death sentence was forbidden, there were no restrictions on imprisonment, and an innocent man could spend his life in jail.
The End of the Star Chamber:
In the seventeenth century, the proceedings of the Star Chamber evolved from above-board and fairly just to secretive and corrupt. James I and his son, Charles I, used the court to enforce their royal proclamations, holding sessions in secret and allowing no appeal. Charles used the court as a substitute for Parliament when he tried to govern without calling the legislature into session. Resentment grew as the Stuart kings used the court to prosecute nobility, who would otherwise not be subject to prosecution in common-law courts.

Octafish

(55,745 posts)
17. Must-read.
Thu Jul 11, 2013, 10:05 AM
Jul 2013

Pfaff has been on to the warmongering gangsters since Poppy was just a secret policestateman.

 

truebluegreen

(9,033 posts)
18. This is what I think is most important:
Thu Jul 11, 2013, 10:24 AM
Jul 2013
“...dark side” of international combat or security operations, such as political assassinations, kidnappings, use of torture, or secret and illegal sequestrations or imprisonments, has on the whole seemed to have produced more American national humiliation, disrepute,and political blowback than advantage.

All this BS about "keeping us safe" is just that, imho. I understand the necessity for spying on the enemy in a war, like WWII. I understand that the "Cold War" with the Soviet Union enshrined spying as a necessity for most of our lives. But that war was over almost 25 years ago and we are still doing it.

In fact we are expanding it. It is insane. The odds of being killed by a terrorist in this country are 20 million to one. I submit they are only that high because of the crap we do around the world to keep ourselves "safe". It is a racket, counter-productive and horrifically dangerous.

It is paranoid "crackpot realism"....

http://www.independent.org/newsroom/article.asp?id=798

http://www.counterpunch.org/2006/07/31/the-triumph-of-crackpot-realism/

http://www.aljazeera.com/indepth/opinion/2013/06/20136161233436695.html

Uncle Joe

(58,367 posts)
19. When the justice system goes rogue, this reminds me of the final scene
Thu Jul 11, 2013, 11:11 AM
Jul 2013


Why should this be so in an American nation historically and constitutionally committed to the rule of law? In which most of the temporarily appointed officers of government in such an administration as that of President Barack Obama (sometime lecturer in constitutional law at the University of Chicago), and many members of the permanent civil service of American government, are usually lawyers, while lawyers make up the single largest professional group in the United States Congress, as well as in a great many state legislatures.

It is astonishing that no one or no group of these professionals, sworn to defend the American Constitution, seems to have felt an obligation to make public the existence of this secret system of law courts. Perhaps the proliferation of lawyers simply promotes the number and ingenuity of acts of lawlessness in government. Criminal gang leaders always need their consigliere, according to novels and movies.

The existence of this secret system in the American justice establishment lacks both effective oversight and institutionalized contestation. It judges itself, which means that it does what governmental superiors want of it, or pursues its own inherent dispositions, which, as in nearly all matters concerning power, means aggrandizement and institutionalization.

The effect of this is sinister and subversive of justice and democracy since this court has been created to deal secretly with large issues of American foreign policy and internal security.




from "Judgement At Nuremberg."



Thanks for the thread, marmar.

1-Old-Man

(2,667 posts)
22. I don't see the secret Court as a precursor, I see it as entrenchment
Thu Jul 11, 2013, 11:59 AM
Jul 2013

Secret Law
Secret Court
Secret Police
Secret Weapons
Secret Military Operations
Secret Surveillance
Secret Kill Lists
Secret Executive Orders
and Secret software reports back to us the results of our elections.

indepat

(20,899 posts)
25. The government of, by, and for the people learning from the masters of totalitarian secret
Thu Jul 11, 2013, 07:33 PM
Jul 2013

police states, Nazi Germany and Bolshevik Russia. What could possibly go wrong?

Latest Discussions»General Discussion»Secret Intelligence Court...