Showing posts with label presidency. Show all posts
Showing posts with label presidency. Show all posts

Monday, February 18, 2019

Presidential Power Plays Call for Constitutional Solutions: The 25th Amendment and Beyond

By Greg Guma

Two-hundred and thirty-one years after the US system of government was created in Philadelphia, it appears to be slowly unraveling. Among the recent signs is growing talk about invoking the 25th Amendment, a “constitutional coup” provision for replacing the president in cases of death, resignation or incapacity. 

According to Andrew McCabe, the former deputy FBI director fired last year, top Justice Department officials at least considered the 25th as an option after the 2017 ouster of FBI Director James Comey. But even Donald Trump’s removal won’t counter the long-term drift toward executive supremacy. To do that, the country may require something more fundamental, another Constitutional Convention.


While speaking to California’s Public Interest Research Group in 1980, Ralph Nader put the presidency in an ironic, yet global perspective. At the time, President Jimmy Carter was struggling with a hostage crisis in Iran. Meanwhile, with the Republican nomination wrapped up, Ronald Reagan promised to win a renewed arms race with the USSR while simultaneously cutting taxes and implementing the conservative nostrum known as “supply-side economics.”

Noting that the race could have broad and drastic implications, Nader suggested a radical solution. “Ronald Reagan is such a threat to humanity,” he quipped, “that the whole world should be allowed to vote for US president.”

Clearly, that didn’t happen. But Nader’s point seems more valid than ever. Presidential power without meaningful accountability is deeply unfair and highly dangerous.

The creators of the US Constitution, although they could not anticipate everything, were certainly aware of the dangers of a drift toward monarchy and empire. Unfortunately, their 18th Century vision no longer meets the test. Even though the president technically needs congressional approval for expenditures and declarations of war, almost anything is possible if a “national security” rationale can be manufactured. Trump has made that all too obvious.

“The machinery of government is being moved to act on a lie,” noted Princeton Prof. Eddie Glaude on Meet the Press last Sunday, referring to the “national emergency” declared to fund Trump’s wall. “The constitutional crisis is here.”

Impeachment is again becoming a serious option. However, the last time that happened (Bill Clinton) the defendant ended up more popular afterward. And even Trump’s removal from office won’t counter the decades long development and evolution of the imperial executive. 

A president can be impeached for “treason, bribery, or other high crimes and misdemeanors,” but only if Congress chooses to act. The truth is, many of the manipulative, unethical or arguably illegal actions inspired, condoned or actively promoted by presidents are actually tested tactics that most members of Congress dare not publicly condemn, questionable as they may be. Too many others are complicit. 

The 25th Amendment deals with replacement of the president or vice president in the event of death, removal, resignation, or incapacity. One of the most recent additions to the Constitution, it was proposed by Congress and ratified by the states after the assassination of President Kennedy, and was first applied during the Watergate scandal, when Gerald Ford replaced Spiro Agnew as vice president, then replaced Richard Nixon as president. Nelson Rockefeller filled the new vacancy as appointed vice president. 

It looked like a quiet constitutional coup that left an unelected executive team in charge for two years. And one of the first things President Ford did was pardon his predecessor. This time around the pardons could begin any minute.

How would the 25th work with Trump? Under Section 4, the Vice President and a majority of the Cabinet would have to write the Senate President and House Speaker, explaining that the President “is unable to discharge the powers and duties of his office." Already highly unlikely. But with that Vice President Mike Pence would become “Acting President.” Then Trump would send Congress his own "written declaration that no inability exists." He would also threaten to retake control unless —within four days! — Pence and a majority of either (a) the cabinet that Trump appointed, or (b) another body established by Congress says he is unable to do his job. 

This in turn would force Congress to assemble within 48 hours, and to vote less that 21 days later. If two-thirds of both Houses decided that Trump simply couldn’t do the job, Pence would continue on as Acting President. If they failed to decide, however, Trump would regain control of the presidency and the country would be in even bigger trouble. Great TV, but the payback could be biblical.

There must be a better way to run a government, especially since “successful” removal or impeachment  in this case means handing the presidency to another kind of extremist, one backed by the Koch Brothers, an evangelical who effortlessly echoes presidential lies, yet thinks he is on a mission from God.

According to historian Barbara Tuchman, the office of president “has become too complex and its reach too extended to be trusted to the fallible judgment of one individual.” Thus, she and others have suggested restructuring; one example is a directorate or Council of State to which the president would be accountable. Such ideas were discussed but ultimately dropped at the original Constitutional Convention.

While embracing limits on executive power like “advice and consent” on treaties and key appointments, the 1787 Convention narrowly rejected having the president operate in conjunction with a Council, specifically to serve as a check on unilateral executive power. Benjamin Franklin said at the time that a Council of State “would not only be a check on a bad president but be a relief to a good one.”

Delegates to the original Convention struggled with how to give a president sufficient authority, free from dependence on the legislative branch, without allowing him to become an “elective monarch.” As a result, Article II does not clearly define the term “executive power” or any specific presidential authority in times of war. Congress was given control of military appropriations and rule-making for the regulation of land and naval forces, suggesting that the delegates wanted the two branches to share decision-making power over war. But their general confusion and vagueness about the relationship between the president and Congress left the door open for a gradual expansion of executive power, especially over foreign policy.

Fundamental changes are overdue. Even if the US constitutional system survives Trump, presidents will continue to seek expanded power until clear limits are imposed and public pressure reverses the trend. In the end, the country may not be able to avoid another Constitutional Convention. Even then, the rest of the world probably won’t get to vote for president. But at the very least Trump’s brazen abuse of the office invites some serious rethinking. 

As happened during America’s original Convention, the stated purpose could be eclipsed (or even hijacked) by a “revolutionary” move to revamp the entire system. Still, it does take the approval of two-thirds of state legislatures just to call one, and three-fourths of them to ratify its results. That’s a pretty high bar. As a result, the US Constitution has only been amended when an overwhelming majority of the public views the change as extremely important — and sometimes not even then.

There is nevertheless the risk that something inadequate or worse might emerge, along with new restrictions of basic rights. After all, autocratic leaders and policies have been gaining influence around the world. On the other hand, that’s also an argument for acting fast. Attempting to renegotiate some of the terms struck 231 years ago in creating the US government is certainly preferable to downplaying the drift toward royalism and tyranny.

Dan Rather recently offered a sarcastic take. “Here's a weird piece of trivia,” tweeted the former TV anchor. “Apparently Congress has Constitutional powers as well. And apparently the nation's Founders took those powers seriously because they saw how having a king worked out. Who knew?”

But as Thomas Jefferson wrote to James Madison in 1789, reflecting on whether their new national government would endure, “no society can make a perpetual constitution or perpetual law. The earth belongs always to the living generation. They may manage it then, and what proceeds from it, as they please.” So let’s get started. 


Material in this article was originally developed for reports and editorials written as editor of Toward Freedom, an international affairs publication. 

Tuesday, January 19, 2016

The Casting of the President

We can do better than Donald Trump. We all know it. But I'm not talking about his politics. I'm talking about his performance and entertainment value. After all, he's just a reality TV star who has played the corporate version of Judge Judy. Before that it was all bit parts and walk-ons, mainly self-promotion for his gaudy real estate empire.
    No wonder his presidential campaign feels like a political sitcom featuring Biff Tannen, the Back to the Future bully to whom Trump is often compared. The plot, gags and catch phrases are already wearing thin, as if Veep morphed into Breaking Bad.
    But seriously (not), if we want an entertainer-in-chief, at least let's get first-rate talent. Personally, I'm for Bernie Sanders. Not showy, but believable and increasingly entertaining (and right on the issues). But if being believable and entertaining are what make you electable these days, actors and other performers may have an edge. We’ve already had one actor in the role, Ronald Reagan, who knew how to sustain his appeal and sell almost anything – from Borax to Star Wars.
    For a while we also had an actor in the 2008 race, Fred Thompson. He had even played a real president, although it was Ulysses Grant in Bury My Heart at Wounded Knee. But Thompson's real problems were that he couldn’t find a decent script and seemed uncommitted to the part.
     What about someone who has played a fictional president? That could provide experience imagining and handling a crisis, especially one that hasn't happened yet. Feels like some sort of advantage. Remember when  Bill Pullman saved us from an alien invasion in Independence Day, or when Harrison Ford faced off terrorists in Air Force One? Those were terrifying times, they boldly took charge, and everything worked out. Or how about John Travolta? He played a charming, fictional Bill Clinton and he can fly a plane. 
    For a while Martin Sheen seemed destined for the role. First, in The Dead Zone, he played a presidential candidate whom Christopher Walken foresaw blowing up the planet. Years later he returned as the longest running president in TV history, keeping America witty, safe and fast-talking on The West Wing. Clearly, he had learned from “experience.”
     Other qualified prospects, all of whom have played the President at some point, include Sam Waterston, James Earl Jones, Jimmy Smits, Alan Alda, Morgan Freeman, Tom Selleck, William Petersen, Dennis Haysbert, Tim Robbins, Michael Douglas, Rip Torn, Robert Duval, Michael Keaton, James Brolin, Billy Bob Thornton, two Quaid brothers, both Jeff and Beau Bridges, and even Kris Kristofferson.
    Want a comedian, someone far more entertaining than Trump? You can't do better than Chris Rock, a stand up president in Head of State. Imagine his State of the Union speech.
    A female alternative to Hillary? The supply of tested candidates is growing. Julianne Moore almost crashed the glass ceiling as Sarah Palin in HBO's Game Change. But let's not forget Geena Davis, who kicked ass on Commander in Chief – and won a Golden Globe for Best Actress. Glenn Close, Patty Duke, Patricia Wettig … they all have recent presidential experience, plus acting chops. 
     We must also seriously consider Meryl Streep, who nailed an Oscar as Margaret Thatcher in The Iron Lady -- with a flawed script. Sure, Thatcher was a British head-of-state, but Streep is pure American, born in New Jersey. 
     Some names on this list are past their box office dates. But it's just a starting lineup. Look at it this way: In addition to serving as commander-in-chief, the president must now deliver a sustained public performance on the biggest stage of all. Whoever gets the job will be in our living rooms almost every day for at least four years. That's something to consider. The role calls for believability, authenticity, a bit of star quality, and a talent for conveying both compassion and righteous outrage, plus a talent for improvisation and an instinct for public taste. Oh yes, also good judgement and such...
     Anyway, restricting the field to amateurs -- governors, senators and other so-called political "insiders" -- clearly isn't working out. The best they can deliver is awkward guest shots on SNL and The Daily Show. What do they know about building a fan base, staying in character, and looking comfortable on TV? Isn't it time to for someone who can really handle the role?

Sunday, October 11, 2015

Jeb's Dark Alliances: Bush, Batista & the Contras

Over the years various researchers and investigations have suggested, even asserted at times, that as Vice President George Bush, along with some of his national security advisers, maintained close ties with a secret air-re-supply operation in El Salvador during the Reagan years. In October 1986, a week after the Nicaraguan government shot down a plane carrying supplies for the Contras, front page press reports actually announced that the operation led to both the CIA and Bush.


When it was revealed that Contra resupply project Chief Felix Rodriguez met several times with Bush and a key aide, the VP claimed they didn't discuss Nicaragua. That actually worked! But here's where it gets really interesting: the trail also led to the vice president’s son, Jeb. According to the Manchester Guardian, Jeb Bush “long acted as a liaison man with the fiercely pro-Contra, anti-Cuban and Nicaraguan settlers in Miami.”

Yes, this is the Republican "establishment choice" for 2016.


When the Iran-contra scandal began to break in October 1986, mainstream sources like CBS Evening News and the Miami Herald quoted unnamed officials as saying that Jeb Bush had served as his father’s chief point of contact with the contra rebels. Jeb’s denials were narrow. He didn't deny being his father’s liaison to the contras, only the idea that he had participated "directly" in the illegal contra resupply effort directed from the White House.

And yet, like Keyser Soze, such stories just vanished. George Bush, by then heir apparent to Reagan, was insulated from probing questions as he campaigned for president for the next two years. The one person who connected the CIA, NSA and the mercenary forces on the ground. Instead of being investigated he became president.

Robert Parry, an Associated Press reporter who investigated the Reagan-Bush administration’s secret support for the Contras, confirms Jeb Bush’s association with Contra supporters operating out of Miami. More recently, he recalled that one Nicaraguan businessman with close ties to both Jeb and the Contras told Parry that Jeb Bush was involved with a pro-Contra mercenary named Tom Posey, who was organizing groups of military advisers and weapons shipments. In 1988, Posey was indicted along with several other individuals on charges of violating the Neutrality Act and firearms laws. The charges were dismissed in 1989 when a federal judge ruled that the US was not "at peace" with Nicaragua.

Jeb was also integral in securing a number of “pardons” of Cubans involved in terrorist acts. A prominent example was his intervention to help release Cuban terrorist Orlando Bosch from prison and grant him US residency. A notorious figure, Bosch was convicted of firing a rocket at a Polish ship en route to Cuba and was implicated in many other acts of terrorism, including the 1976 mid-air bombing of a Cubana Airlines plane, which killed 73 civilians.

The Cubana Airlines bombing and several other major acts of terrorism by Cuban right-wingers occurred while George H.W. Bush was CIA director and was working closely with anti-communist Cuban exiles employed by the CIA, including Rodriguez, a close associate of Bosch’s alleged co-conspirator in the Cubana bombing Luis Posada Carriles.

Bosch’s release, often called a pardon by media, was the result of pressure by hardline Cubans in Miami -- with Jeb Bush as their point man. In July 2002, while he was Florida’s governor, Bush nominated Raoul Cantero, grandson of Cuba's deposed dictator Batista, as a Florida supreme court judge despite his lack of experience. Cantero had previously represented Bosch and acted as his spokesman, once describing Bosch on Miami radio as a "great Cuban patriot.”

Cuba Confidential: Love and Vengeance in Miami and Havana recounts that in 1984 Jeb “began a close association with Camilo Padreda, a former intelligence agent under the Batista dictatorship, overthrown by Fidel Castro. Jeb was then the chairman of the Dade county Republican party and Padreda its finance chairman.” Later, Padreda was convicted of defrauding the housing and urban development department of millions of dollars.

With baggage like this, it's hard to imagine Bush making it through the race -- or just the primaries -- without opening up his shady past. And as for improving relations with Cuba, at least Trump would just want his name on a casino.

Monday, June 8, 2015

Will Sanders' BFF Democrat stick with him?

In 1984 Peter Welch was already a fan and urged Mayor Bernie Sanders to seek higher office

It should come as no shock that Vermont's leading Democrats are lining up with Hillary Clinton for president, despite the emergence of Bernie Sanders as a contender. The list of prominent Clinton backers in Vermont so far includes Governor Peter Shumlin, Sen. Patrick Leahy, former governor (and 2004 presidential candidate) Howard Dean, and Burlington Mayor Miro Weinberger, whom Sanders endorsed in 2012.

Welch to Sanders: "Perhaps another day."

In a way, it's understandable. For decades Sanders was a thorn in the party's side. In 1974, he ran against Leahy as a Liberty Union candidate, in the race that first put the young Chittenden County prosecutor in the Senate. In 1981, Sanders defeated a five-term incumbent Democratic mayor, Gordon Paquette, ushering in almost 30 years of Progressive-led government. 

In 1986, he ran against Vermont's first female governor, Democrat Madeleine Kunin. 

After Sanders entered Congress, he and top Democrats did find a way to co-exist, developed mutual respect, and sometimes collaborated on projects.  But one leading Vermont Democrat is absent from the Clinton list -- and maintained a cordial, supportive relationship with Sanders from the start -- Rep. Peter Welch. 

In 1984, Sanders was in his second term as mayor and thinking about another run for governor; he had run as a third party candidate in 1972 and 1976. Welch had become a state senator. But Sanders decided to stand aside and consolidate locally. On April 3, 1984, shortly after the local Progressive coalition made gains in City Council races, Welch, who lived on the other side of the state, sent a hand-written note of congratulations and urged Sanders on.

"Congratulations on your recent victories. Perhaps your opponents have come to the reluctant conclusion that the politics of obstruction doesn't work," Welch wrote. "While I understand your recent decision," he continued, referring to the decision not to run for governor, "many had looked forward to your campaign. Perhaps another day."

A few days later, Sanders wrote back, recapping the local victories and telegraphing his plan to focus on education as a priority. "I am sure we will be talking," he concluded.

Vermont's Mt. Rushmore - Welch, Sanders and Leahy


In 1990, Sanders helped convince Welch to run for governor -- instead of the US House of Representatives. Sanders wanted to make a second bid for the office, having come close in 1988. Sanders won, launching a three-decade congressional career. Welch lost and returned to the state senate. But the two remained allies. When Sanders became a US Senator in 2006, Welch succeeded him in the US House.


Leahy endorsed Clinton more than a year ago, long before she officially announced. According to NBC, at least 29 out of the 44 sitting Democratic senators have already endorsed Clinton in some form. Asked recently about his presidential preference, however, Welch said it's still too early to choose between Clinton and Sanders. But he spoke glowingly about Sanders' courage and looked forward to the debates. Perhaps that other day he wrote about is still ahead.



Friday, June 5, 2015

Presidential Death Match: Past Hits & Misses

Films and TV programs mentioned: For a Few Barrels More, Post-Millennium Man, The Mild Bunch, You Go, Girl!, Wesley Clark's Full Mental Jacket, Terminator 4: The Last Action Mayor, There Will Be God, The Rad Couple II, Return of the Candidate, Being Mike Huckabee, and Mission Improbable

Every four years it's the same sad mixture of sequels and remakes, worn-out story lines and stale formulas known collectively as Presidential Death Match programming. In 2004, for example, you may not have heard but George Bush and Charlton Heston were slated to team up for Fistful of Mullah II: The Arms Race, a sequel to Bush’s 2000 hit, A Fistful of Mullah. The new story line was expected to revolve around bringing compassion back into the death business. But Heston died in pre-production and a more powerful premise emerged. The result:


For a Few Barrels More   The Man with No Scruples (Bush) is back in this epic western sequel, set in an atmosphere of global war and domestic division. The Man prevails by ignoring the problems, preferring to search for illusive (aka non-existent) enemies, the Evildoers, foes so insane they reject his offer to surrender their oil reserves and get off the planet. (AMC, in technicolor)

Post-Millennium Man  Howard Dean leads a cyber-crusade to save the Democratic Party, driven underground by the masters of the Matrix. In an early scene, Al Gore reprises his role as the Chosen One (now in exile) from the sci fi hit Millennium Man, uniting with Bill Bradley and other survivors of the 2000 electoral apocalypse. There were strong early reviews, but hostile notices from Iowa set the stage for a meltdown. (Sci Fi, mini-series)


The Mild Bunch   Battle-scarred congressional vets – John Kerry, Dick Gephardt, and Joe Lieberman – are joined by a gung-ho rookie, the glib and glamorous John Edwards. Their mission: save their party from Howard Dean, here cast in the role of a renegade general who has created his own insurgent army, the Deaniacs. In an early episode, Gephardt sings Yesterday, exposing the depth of his disillusionment as he confesses to being “nostalgic for Ronald Reagan.” In their Iowa caper, he is the first casualty. Once Dean is vanquished, however, the bunch promptly turns on one another. (Spike)

You Go, Girl!  A short-lived Carol Mosley Braun vehicle, based on Working Girl. In this comedy-drama, Braun makes a bold, occasionally refreshing play to break the glass ceiling. She can’t close the deal but does manage a partial redemption. (Lifetime)

And a late entry: Wesley Clark’s Full Mental Jacket  A cautionary anti-war tale about the rise of rebellious general. After leading the attack on Yugoslavia and pimping for Team Bush, the general has second thoughts, becomes a Democrat, and immediately runs for President. With cameos by Michael Moore and George McGovern as progressive camouflage. Industry talk said that it was actually a Clinton production. (Cinemax)

In 2008 there were more memorable hits and misses... 

Terminator 4: The Last Action Mayor (from 9/11 Productions)  Rudy Giuliani attempts to bull his way into the nomination by scaring the public as often as possible and bypassing the early primaries. Unfortunately, he doesn’t send a duplicate Rudy back from the future to warn him that it won’t work. (Fox)

There Will Be God   Mitt Romney plays a no-nonsense manager with religious baggage, unnervingly confident and yet undone by his chameleon past. We keep waiting for the real Mitt to show up, but in the end even he can’t find himself. (HBO)

The Rad Couple II, starring Dennis Kucinich and Ron Paul. It’s become a genre over the decades, usually based on the feisty outsider story line. In 2000, Kucinich teamed up with Al Sharpton for the first installment of the franchise – buddy-pols on the road to nowhere. Forced to work together, two very different candidates find common ground as they take on their toughest case – saving the country’s soul. Kucinich and Sharpton were amusing and passionate, but the reviews were skeptical. The ratings were abysmal. (ABC)

But the best comeback vehicle may have been Return of the Candidate  A lightweight in the 2004 season, John Edwards exceeds expectations, yet can’t overcome his image as a southern fried Robert Redford. The reality TV follow up gets a little too real. (Sundance)

Best mini-series? Being Mike Huckabee   Based on a Jerzy Kosinski book and a Peter Sellers movie, a spaced-out oddball keeps getting listened to because people think he’s pleasant and has some down-home wisdom. He actually knows very little and has a mean streak; But he really likes being on TV. The joke gets old and people stop watching. (VH1)

This season they’re bringing Magical Mike back, this time with a quirky Charlie Kaufman script; various people go through a portal into Huckabee's head, then get dumped on a dirt road in rural Arkansas.

And finally, who can forget that 2000 cult hit...? 

Mission Improbable   Produced by Oddball Enterprises in association with a consortium of casino owners and the World Wrestling Federation. To save the world, a team of decorated misfits wages psychological warfare on the major political parties. The problem: they can't stop trashing each other. Ross Perot makes a guest appearance as the cranky team leader who gives incomprehensible assignments and can't help upstaging his own men. (CBS)

So, stay tuned. The new season is just getting started.



Friday, December 13, 2013

Blowback: When Secret Plans Go Bad

For two decades the US government claimed that its decision to work for the overthrow of Afghanistan's government in the final days of the 1970s was a response to the invasion of Soviet troops. But in January 1998, Zbigniew Brzezinski, President Carter's National Security Adviser at the time, finally admitted the truth: covert US intervention began months before the USSR sent in troops.

"That secret operation was an excellent idea," he bragged. "The effect was to draw the Russians into the Afghan trap."

During an interview with the French publication, Le Nouvel Observateur, which somehow never made it into US media, Brzezinski was grilled about the role he played in aiding the Mujahadeen. Former CIA Director Robert Gates had recently claimed in his memoir, From the Shadows, that US intelligence operations began six months before the Soviet intervention.

"According to the official version of history, CIA aid to the Mujahadeen began during 1980," Brzezinski noted, "that is to say, after the Soviet army invaded Afghanistan, 24 Dec 1979. But the reality, secretly guarded until now, is completely otherwise: Indeed, it was July 3, 1979 that President Carter signed the first directive for secret aid to the opponents of the pro-Soviet regime in Kabul. And that very day, I wrote a note to the president in which I explained to him that in my opinion this aid was going to induce a Soviet military intervention."

Seizing this opening, the interviewer suggested that perhaps Brzezinski intended to provoke the Soviets into war. "It isn't quite that," the former National Security Advisor replied cagily. "We didn't push the Russians to intervene, but we knowingly increased the probability that they would." Nevertheless, when the Soviets tried to justify their invasion with the claim that they were responding to a secret war bankrolled by the US, few people believed them. 

Did he regret anything? "Regret what?" Brzezinski shot back. "That secret operation was an excellent idea. It had the effect of drawing the Russians into the Afghan trap and you want me to regret it? The day that the Soviets officially crossed the border, I wrote to President Carter: We now have the opportunity of giving to the USSR its Vietnam War. Indeed, for almost 10 years, Moscow had to carry on a war unsupportable by the government, a conflict that brought about the demoralization and finally the breakup of the Soviet Empire."

But what about arming Islamic fundamentalists who might become future terrorists? Brzezinski's reply to that was brazen. "What is most important to the history of the world? The Taliban or the collapse of the Soviet empire? Some stirred-up Moslems or the liberation of Central Europe and the end of the cold war?" The jury is out on such questions.

Brzezinski's strategy did net some obvious results. The 1980s conflict in Afghanistan, provoked by US leaders as a geopolitical move in the Great Game, led to almost two million deaths and sparked the Taliban’s rise. Afghanistan became open territory for drug traffickers and energy companies eager to build oil and gas pipelines. Meanwhile, millions of Afghanis, including many who once worked with the CIA, paid a price. Eventually, the country served as a base for Osama bin Laden's crusade against the US, Israel, and Arab regimes in the Middle East.

Disaster in the Congo

Another prime example of covert manipulation going drastically wrong is the Democratic Republic of the Congo, known as Zaire during the 37-year reign of Mobutu Sese Seko, and before that the Belgian Congo. In 1960, despite Belgian predictions that European rule would continue for another century, the Congo declared its independence, and out of a largely peaceful revolution emerged a charismatic leader, Patrice Lumumba, who became the nation's first Prime Minister. But US policy-makers considered Lumumba, actually militant nationalist, a communist sympathizer, and therefore a threat to vital interests.

Located in Africa's heartland, the Congo was vital for its vast mineral resources; one of the world's largest copper and industrial diamond producers, it also had gold, manganese, zinc, cobalt, and silver. To be blunt, it was a key source of raw materials for the emerging military-industrial complex. Its uranium, one of the only known sources during World War II, was used in the first atomic bombs.

Even today, it isn't completely clear what sealed Lumumba's fate; some say it was his attempt to have UN troops step in to deal with the violence breaking out between tribes and political parties. In the richest province, Katanga, Moise Tshombe had declared himself ruler, attempted to secede, and recruited Belgian, French and South African mercenaries to fight the new government. However it was decided, Lumumba became a target for removal in the CIA's "golden age" of destabilization campaigns. After less than a year in office, he was deposed in a coup led by Mobuto, an Israeli-trained paratrooper who had Belgian and US backing. Mobuto, then called Colonel, turned Lumumba over the Tshombe, his archenemy.

Some details of Lumumba's assassination remain mysterious to this day. But in 2000 evidence surfaced that President Dwight Eisenhower may have directly ordered the CIA to "eliminate" him. The evidence came from Robert Johnson, who took notes at an August 18, 1960, White House meeting between Eisenhower and his national security advisers on the Congo crisis. Johnson recalled the president turning to CIA Director Allen Dulles, "in the full hearing of all those in attendance, and saying something to the effect that Lumumba should be eliminated." Eisenhower had strict rules for reports filed on National Security Council meetings: no direct quotations. With Johnson's revelation, the reason became only too clear.

Questions also surround the precise chain of events. But according to Lugo de Witte, a Flemish expert on Africa, Belgian officers probably implemented the plan. A document signed in 1960 by Harold Aspremont Lynden, Belgium's minister for Africa, announced that "the main objective to pursue, in the interests of the Congo, Katanga and Belgium, is clearly the final elimination of Lumumba." After his arrest by Mobutu's forces on January 17, 1961, on orders from Belgium's foreign minister, Lumumba was transferred to Katanga, tortured in the presence of Belgian officials, and executed under the supervision of a Belgian captain.

The new nation, whose artificial boundaries had been set in negotiations between Belgium, Britain, France and Portugal, continued to hover at the edge of civil war for several more years.

The US stuck with Mobutu until the bitter end, propping him up as part of its Cold War strategy. As "president for life," he stashed a huge fortune in Swiss banks. It didn’t matter, as long as he was an anti-communist bulwark. His rapaciousness ultimately spread throughout the country's bureaucracy, especially the army. Still, no discouraging words from his overseers.

Much of his loot came from the US; he even pocketed CIA cash provided to support "contras" at work in Angola. None of this made any difference. Mobutu was a "friend," part of an elite club that included Noriega in Panama, Marcos in the Philippines, Diem and Thieu in Vietnam, Pinochet in Chile, Somoza in Nicaragua, Suharto in Indonesia, and the Shah in Iran.

And what did this ally do to his country? According to the World Bank, by the late 1990s the economy had shrunk to its 1958 level, despite a tripling of the population. Public finances were a mess, the national currency was worthless, and the State was insolvent. Upon its independence, the Congo had the highest literacy rate in Africa; by the time Mobutu was forced out in 1997, little more than half of all children were even attending schools. When open at all, they didn't have textbooks and the students often had to sit on the floor. Even the desks had been looted.

In the early 90s, Mobutu announced that he would end his one party state. But the transition never began, promised elections were canceled, and repression continued. Both the Bush and Clinton administrations looked the other way, while mainstream media continued a policy of self-imposed ignorance. Only after his departure did the news that Mobutu was a brutal tyrant begin to reach the general public. By this time, one of the continent's most promising nations was hobbled and deeply divided. A dictator had finally fallen, but the culprits who put him there, some even expressing belated outrage, escaped with impunity.

Iraq: Creating the next enemy

When pre-9/11 covert operations are discussed, officials and pundits are quick to claim that, as bad as things sound, that’s "ancient history." Things were different during the Cold War, when beating communism excused some extreme, often unsavory tactics. But the logic is also reversed to argue, things are different now, in order to excuse the same cynical manipulation and disregard for human life.

An instructive example followed the fall of the Soviet Union, when a credible new enemy was needed. US policy makers quickly turned their eyes toward Iraq, fresh from victory after an eight-year war with Iran and well-equipped with modern French and Soviet weapons. Saddam Hussein was at the peak of his regional popularity.

Based on the theory that domination of the Gulf region by a Hussein-led Iraq could jeopardize access to oil supplies, Colin Powell, then chairing the Joint Chiefs of Staff, called on General H. Norman Schwarzkopf in late 1989 to prepare a blueprint for combat. Schwartzkopf, who would lead Operation Desert Storm a year later, had just taken charge of the US Central Command (CENTCOM), an expanded version of the Rapid Deployment Force established under President Carter.

In May 1990, the National Security Council released a white paper that cited Iraq, and Hussein personally, as "the optimum contenders to replace the Warsaw Pact," using that claim as a justification for increased military spending. Meanwhile, at an emergency Arab summit held in Baghdad, Hussein called for a united front against outside aggression, more Arab coordination, and increased aid to the Jordan and the Palestinian Intifada. In the foreign policy establishment, these were interpreted as fighting words. Four months later Bush drew his line in the sand.

Hussein may well have been tricked into war by repeated assurances that the US felt no obligation to come to Kuwait's defense. It may sound like just one more conspiracy theory. However, this time there is a transcript to support the idea. On July 25, 1990, eight days before the outbreak of fighting between Iraq and Kuwait, US Ambassador April Glaspie held a taped meeting with Hussein, who apparently hoped to make sure the US would stay neutral and not intervene. Obviously, he understood that Saudi Arabia was Washington's key Arab ally, and hosted a significant US military presence in the Gulf. No credible evidence that Iraq planned to attack the Saudis has surfaced.

During their talk, Glaspie clearly suggested to Hussein that the Bush administration understood Iraq's point of view and did not want to meddle in an Arab dispute. At one point, she said, "We have no opinion on the Arab-Arab conflicts, like your border disagreement with Kuwait...we see the Iraqi point of view that the measures taken by the U.A.E. and Kuwait is, in the final analysis, parallel to military aggression against Iraq."

A week later, that proved to be very bad advice.

Protecting the cover story

One covert operation that sparked some outrage at the time was the US training of Indonesian commandos accused of torturing and killing civilians. Despite a congressional ban in the 1990s, the Pentagon exploited a legal loophole that allowed "human rights training" to provide instruction in demolition, sniper techniques, psychological operations, and "military operations in urban terrain." The targets included workers who had lost their jobs during Indonesia’s economic crisis, students opposing President Suharto's military-dominated regime, and East Timorese who wanted independence.

Until support for Suharto became completely untenable, the Clinton Administration defended this as "engagement with an important country" that served US national interests.

Less publicized but equally deadly was US involvement in low-intensity war in Mexico. Under the guise of anti-drug operations, the US provided hundreds of million to Mexico for arms and training beginning around 1995. This included the US training of the Air-Mobile Special Forces Group (GAFE), created in direct response to the Zapatista rebellion in Chiapas. After courses at Fort Bragg, GAFE units went on to kidnap, torture, and kill government opponents. Wearing hoods, they would enter homes in the middle of the night to surprise their targets, and raid hotels and restaurants without presenting search warrants.

Although responsibility for a massacre of 45 civilians in Acteal in December, 1997 couldn't be traced directly to GAFE, the incident clearly reflected counter-insurgency lessons learned at the School of the Americas (SOA) in Georgia and other US training centers. Roy Bourgeois, a Maryknoll priest who spent more than two decades trying to close the SOA, repeatedly pointed out that the insurgents under attack were usually reformers, human rights workers, and peasants who opposed repressive governments. Despite platitudes about human rights, the US continued to use the same tactics that had marked earlier interventions in Latin America and Southeast Asia.

What we hear about such "humanitarian" intervention is usually just the tip of the iceberg. Unfortunately, 24-hour news and social media promote the illusion that there are few secrets left. Reality is another matter. Assisting the CIA, front groups like the National Endowment for Democracy have funneled funds to countless so-called insurgencies for years. Since declaring Islamic fundamentalism the post-communist global menace, the Agency is known to have run covert operations in most Middle-East states, from Libya and Iran to the Sudan.

Not so safe or secret anymore

While visiting London to promote his memoirs, Henry Kissinger once stormed out of a widely heard radio interview when the questioning turned to his complicity in war crimes. Jeremy Paxman, host of a Radio 4 program, asked the former secretary of state whether he felt like a fraud for getting a Nobel Peace Prize after plotting a coup in Chile and orchestrating slaughter in Cambodia. Kissinger fumed and denied everything, of course, charging that his host was woefully misinformed. But later the same day, he declined to show up for a BBC roundtable discussion.

Kissinger isn't the only former leader who sometimes gets nervous about accountability. Back when former Chilean dictator Augusto Pinochet was fighting extradition to Spain, other potential defendants fretted about the precedent it might set. And the Clinton administration did not help. Instead, it released documents on Chile that not only confirmed what many suspected -- the US actively promoted the coup against Allende and sanctioned the subsequent repression -- but also sparked a hailstorm of related revelations.

The administration's motives were not exactly pure. Bowing to pressure from a Spanish judge, human rights groups, and the families of victims, Clinton had opted to "declassify what we can, so that we can say we did our share." That’s how a White House aide explained it. But the potential to embarrass political opponents didn't escape notice. With Texas Governor George W. Bush emerging as the Republican presidential front-runner, the thought was that his father's connection to Pinochet's crimes could become a factor, or at least a useful attack point, during the 2000 election. It didn’t turn out that way.

Questions persist about what the first President Bush knew and did while serving as CIA chief in the mid-1970s, a period during which Chilean foreign minister Orlando Letelier and his US co-worker Ronni Moffitt were assassinated in Washington. At the time suspicions pointed to Chile's intelligence arm, DINA, a sponsor of international terror.

According to declassified documents, however, we also know that Kissinger, Nixon, and CIA Director Richard Helms ordered a coup even before Allende assumed office. Kissinger and Alexander Haig worked out the details, described in an October 15, 1970, memo. "It is the firm and consistent policy that Allende be overthrown by a coup," wrote CIA Deputy Director of Plans Thomas Karamessines, who coordinated the operation. "We are to continue to generate maximum pressure toward this end utilizing every appropriate resource. It is imperative that these actions be implemented clandestinely and securely so that the USG and American hand be well hidden."

Two years later, their goal was achieved. In a victory report, Naval attache Patrick Ryan called September 11, 1972, "our D-day," noting that the coup "was close to perfect." In subsequent years, the State Department received detailed reports on the escalating death toll under Pinochet. Yet, in another memo Kissinger tells the general that the US is "sympathetic with what you are trying to do here."

Years later, as Pinochet faced charges for murder, torture, disappearances, rape, and genocide, the question naturally arose: Why not Kissinger and those responsible for mass mayhem elsewhere? If more documents were declassified, the list of possible defendants would undoubtedly grow.

The accountability chase

Even though he ultimately escaped punishment, the Chilean dictator's case did help peel away the facade of deniability, exposing high officials who provided weapons, training, financial support, and direct guidance for some of the worst modern violations of political and civil rights. Given that, is it any surprise the US backed out of an International Criminal Court (ICC), which was established in part to prosecute powerful individuals when domestic courts fail to act?

The treaty establishing the ICC was adopted in 1998, and subsequently ratified by many countries. At the time, human rights groups considered it the most important advance for the cause of international justice since the creation of the UN. But the US refused to sign at first, joining such notable naysayers as Russia, China, Israel, Iraq, and much of the Middle East.

Officially, the US objection was that, as the world's pre-eminent (and most resented) power, it might be subjected to "frivolous" prosecutions. There were also suspicions about the UN itself. By delaying, US officials hoped to obtain a guarantee that no US citizen accused of war crimes, genocide or crimes against humanity could ever be brought before the court. In a letter to European Union foreign ministers, Madeleine Albright, Secretary of State under Clinton, implied that if her country did not get its way, it might withdraw from international peace-keeping and humanitarian missions. Pentagon officials went further, threatening to pull forces out of Europe.

In December 2000, the US finally signed, leaving Libya as the only country officially antagonistic the ICC's creation. But shortly after taking office, Bush II revived the old objections, suggesting that the court could expose US soldiers and officials abroad to politically motivated war crimes prosecutions. After 9/11 and the military response in Afghanistan, that looked more like a possibility. Thus, plans proceeded to reshape US relations with the UN. In May 2002, the administration informed the world body that it was nullifying its treaty signature. It was an unprecedented step; no other nation had ever before voided a signature on a binding international treaty. For many countries, the decision was a clear early sign of resurgent US unilateralism.

On the bright side, Kissinger did squirm a bit. Even Bush I sensed that he might not be immune. Predictably, the ex-president called the case against Pinochet "a travesty of justice." Former Prime Minister Margaret Thatcher also became edgy, making discreet inquiries to Britain's Interior Ministry on the likelihood of being arrested while traveling abroad. As an old friend of Pinochet, the Iron Lady was worried about being charged as a war criminal for her actions in Northern Ireland and the Falklands.

The exposure of war crimes by former high officials like Kissinger, although it usually comes decades late and rarely leads to prosecution, does suggest that it may one day be possible to get at the truth about covert schemes and schemers. For Bill Clinton, meddling in Mexico and the Sudan, not to mention in Iraq and Kosovo, could prove damning if more of those stories were revealed.

In May 2002, eight months after 9/11, Bush II almost faced that same problem: premature exposure, in this case of what he actually knew and did before the attacks, could have led to embarrassing revelations about how and why the "war on terror" was launched. But no such luck. It still takes at least a generation, plus political convenience, to get far beyond the veil of disinformation.

Tuesday, December 10, 2013

One-Man Show: What Happens If Bernie Runs?

If no one is addressing the central issues of our time in the run up to 2016, US Senator Bernie Sanders says that he may run for US president. “Obviously if I did not think I had a reasonable chance to win I wouldn’t run,” he recently told Politico. On the other hand, if other candidates aren’t talking enough about the issues that matter to him – he mentioned mainly domestic issues, including the collapse of the middle class, growing wealth and income inequality, growth in poverty, and what he calls “global warming” -- the 72-year-old career politician says, “well, then maybe I have to do it.”

Conveniently, a run in 2016 would not require Sanders to surrender his Senate seat. He isn’t up for reelection until 2018.

Sanders and Vermont Gov. Peter Shumlin
welcome Sandia to Vermont
This isn’t Sanders' first long-shot run, nor his first campaign against a woman seeking high office. In 2016 his opponent may well be Hillary Clinton. Although Sanders has effectively ruled out a race against first-term Massachusetts Senator Elizabeth Warren, the former First Lady and Secretary of State gets no such pass.

He may even enter the Democratic primaries to do it, his first ever entry into a major party race after decades of denouncing them. “It’s not my intention to be some kind of spoiler and play the role of just draining votes away to allow my voice to be heard,” he explained. “And there are ways that you can do that, whether one runs as an independent, whether one runs within the Democratic primary system.”

To understand how this could turn out, it's useful to look back at his 1986 run for Vermont governor. Whether that race – against the state’s first female chief executive – was ever winnable is hard to say. Nevertheless, after two terms as Burlington mayor Sanders went up against Madeleine May Kunin, an attractive Swiss immigrant who had come to the state with her brother in 1957 and carved out a niche in state politics as a strong chairperson of the House Appropriations Committee.

In 1978 Kunin defeated Peter Smith, Vermont’s Republican version of Robert Redford, to become lieutenant governor. After four years in the shadow of Republican Governor Richard Snelling she challenged him but lost in a 1982 gubernatorial run. However, Kunin excelled at setting goals and building a personal organization. In the 1984 race, with Snelling temporarily retired, she squeaked into office and finally cracked the state’s glass ceiling.

A moderate Democrat, Kunin favored social programs but fiscal conservatism. Though criticized as equivocal on feminist and labor issues, she nevertheless used her success to bring more women into state government and prove, as Sanders had in Burlington, that being “different” did not mean she wasn’t competent. When it came to keeping the state in sound financial shape or protecting water quality, Kunin could be as strict as Snelling.

On the other hand, she shied away from raising the minimum wage or demanding that corporations give notice before closing down plants. She wanted the Vermont Yankee Nuclear Power Plant to be safe but didn’t think it should be shut down “overnight.”

“If you ask her where she stands,” said Sanders during his campaign, “she’d say, in the middle of the Democratic Party. She’s never said she’d do anything. The confusion lies in the fact that many people are excited because she’s the first woman governor. But after that there ain’t much.”

Kunin wasn’t much more kind. “I think he has messianic tendencies,” she told James Ridgeway, who covered the campaign for The Village Voice. “That’s not uncommon in politicians. But it does mean he dismisses everyone else’s alternative solutions…His approach is always to tear down… A lot of what he says in rhetoric and undoable… He has to create a distinction between us, and to do that he has to push me more to the right, where I really don’t think I am. I don’t think it’s fair. He’s not running against evil, you know.”

The third player in this drama, Peter Smith, had some kind words for Kunin. “She’s a good person,” he said. “She’s got some commitment.” But he also said that she was a case of “vision without substance.” In Sanders, Smith saw passion, confusion and noise. “If Bernie were as gutsy and honest as he says he is, he’d run as a Socialist. He is a socialist! That’s why he went to Nicaragua.”

Journalist Peter Freyne conferred nicknames on all three in his popular weekly column – Queen Madeleine, Preppie Peter and Lord Bernie – apt descriptions of Vermont’s emerging political royalty. Each was a political star with a proven popular base. But Sanders’ early boast that he was “running to win” had to be revised by his campaign organizers. A July poll put the Lord at a mere 11 percent statewide, while the Queen had 53, well outdistancing Preppie.

By October the Sanders campaign, if not the candidate himself, had lowered its sights to a respectable 20 percent. Within his campaign organization feelings were frayed and hopes disappointed. It had not become the grassroots uprising they expected. More than a few activists and contributors who had helped in previous campaigns felt it was the wrong race at the wrong time. Others wanted Sanders to focus on Burlington and consolidate the local movement.

Ellen David-Friedman, who managed the campaign for several months, compared Bernie to Jesse Jackson “in terms of focusing more on a candidacy and less on an organization.” She supported him but questioned his resistance to accountability. 

Anarchist thinker Murray Bookchin, who lived in Burlington, was more blunt. “Bernie’s running a one-man show,” he charged. “The only justification for a socialist campaign at this point is to try to educate people, and Sanders isn’t doing that at all. Instead, he’s running on the preposterous notion that he can get elected as governor this year.”

At this point much the same thing could be said about Sanders' presidential plans.

In 2004, Ralph Nader, 74 years old at the time and running for president for the fifth time, argued that if he did not step in the Republican and Democratic candidates wouldn't move their platforms toward talking about his issues – corporate control, livable wages and consumer protection. But that didn’t happen. Rather than pushing Kerry to the left, Nader's run that year prompted Democrats to push back.

In the end, Nader didn’t get the chance to participate in the presidential debates and had no visible impact on the campaign. Even though he was on the ballot in 34 states -- a high bar that Sanders will have difficulty matching -- Nader received less than half a million votes, a mere 0.4 percent. Four years earlier, his personal best was close to three million votes. 

Like Nader in 2004, Sanders ran on a substantive platform in 1986: less reliance on the property tax, a more progressive income and corporate tax system, lower utility bills, a higher minimum wage and phasing out Vermont Yankee. But neither his program nor speaking gifts were enough to overcome the obstacles. His opponents could vastly outspend him and his own ranks were split.

Combining forces with US Senator Patrick Leahy, Governor Kunin staged an impressive get-out-the-vote effort, the most sophisticated voter identification program in state history. Expect Leahy and other prominent Democrats to stick with just about anyone over Sanders in 2016. In 1986, unemployment in Vermont was at a record low and there was no state deficit, so Kunin also had economics of her side. On Election Day she didn’t crack the 50 percent mark. But she left her opponents well behind.

Sanders came away with 15 percent, considerably less than he predicted. What he had done, however, was to plant his flag as an independent force. It wasn’t simply the size of the vote that impressed people, but the fact that much of it came from farm communities and conservative hill towns, usually Republican strongholds. In fact, Sanders won his highest percentage in the conservative Northeast Kingdom.

Stalwart left-leaning supporters did learn some tough lessons. Sanders’ unilateral decision-making and failure to build trust among his allies made fundraising and organizing difficult. His natural constituencies – the independent Left, progressive Democrats, union workers and low income groups – were generally unenthusiastic. Even members of his own coalition were guarded. Support from women’s groups and labor was limited.

To be sure, Sanders was a serious presence in the race, exerting a leftward pressure on discussions. Yet the campaign also accentuated the strains developing in the state’s left-liberal alliance. As David-Friedman said afterward, Sanders for Governor “did not ignite, but neither was it ignored.”

By the end of the 1980s, the idea that Vermont’s Left might one day “take over” the state was no longer some far-fetched fantasy. However, it was not actually the Left, it was Sanders who had positioned himself for victory. Party loyalty had been dropping for more than a decade. Up to 40 percent of state voters considered themselves independents. Many people crossed party lines to vote for the most likeable, trustworthy or competent person in a race.

Sanders profited from these shifting realities of electoral life. Like many successful politicians, he had become an institution, able to command respect and votes without tying himself to any concrete program or organization. For almost any other leftist the run against Kunin would have been a disaster. But Sanders managed to pull a decent vote without solid organizational support. No progressive candidate for governor broke his record until Anthony Pollina, also running as an Independent, challenged Republican incumbent Jim Douglas 22 years later.

For Rainbow Coalition activists who stuck with Sanders, the 1986 governor’s race was a trying experience that demonstrated his preference for winning votes over organizing a movement. But that did not prevent him from returning two years later. Without party backing he raised about $300,000 to run for congress, dominated the debate, eclipsed Democrat Paul Poirier, and came within 3 percent of winning.  Although Republican Peter Smith took that race, Sanders returned two years later and defeated him. 

Once in Congress, Sanders remained there for more than two decades. In Vermont, a Progressive Party was formed, largely without his support, but has lost power in Burlington in recent years. It's most prominent politicians need the Democratic Party's endorsement to win legislative seats.

Throughout the 1980s, Sanders frequently handed Democrats demoralizing defeats. But the real challenge that faced Vermont Democrats was never a statewide Progressive party, but rather a permanent campaign machine. For all Sanders’ talk about the need for an alternative to the two-party system, he did little except make himself the de facto head of whatever emerged.

Greg Guma has lived in Vermont since the 1960s and wrote The People’s Republic: Vermont and the Sanders Revolution. His new sci-fi novel, Dons of Time, was released in October.