Showing posts with label failures. Show all posts
Showing posts with label failures. Show all posts

Monday, January 6, 2014

Our Massive National Security State: True Believers and Gargantuan Failures

Our massive National Security State's main global enemy consists of lightly armed jihadis and wannabes.


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In a 1950s civics textbook of mine, I can remember a Martian landing on Main Street, U.S.A., to be instructed in the glories of our political system.  You know, our tripartite government, checks and balances, miraculous set of rights, and vibrant democracy.  There was, Americans then thought, much to be proud of, and so for that generation of children, many Martians were instructed in the American way of life.  These days, I suspect, not so many.
Still, I wondered just what lessons might be offered to such a Martian crash-landing in Washington as 2014 begins.  Certainly checks, balances, rights, and democracy wouldn’t top any New Year’s list.  Since my childhood, in fact, that tripartite government has grown a fourth part, a national security state that is remarkably unchecked and unbalanced.  In recent times, that labyrinthine structure of intelligence agencies morphing into war-fighting outfits, the U.S. military (with its own secret military, the special operations forces, gestating inside it), and the Department of Homeland Security, a monster conglomeration of agencies that is an actual “defense department,” as well as a vast contingent of weapons makers, contractors, and profiteers bolstered by an army of lobbyists, has never stopped growing.  It has won the undying fealty of Congress, embraced the power of the presidency, made itself into a jobs program for the American people, and been largely free to do as it pleased with almost unlimited taxpayer dollars.
The expansion of Washington’s national security state -- let’s call it the NSS -- to gargantuan proportions has historically met little opposition.  In the wake of the Edward Snowden revelations, however, some resistance has arisen, especially when it comes to the “right” of one part of the NSS to turn the world into a listening post and gather, in particular, American communications of every sort.  The debate about this -- invariably framed within the boundaries of whether or not we should have more security or more privacy and how exactly to balance the two -- has been reasonably vigorous.  The problem is: it doesn’t begin to get at the real nature of the NSS or the problems it poses.
If I were to instruct that stray Martian lost in the nation’s capital, I might choose another framework entirely for my lesson.  After all, the focus of the NSS, which has like an incubus grown to monumental proportions inside the body of the political system, would seem distinctly monomaniacal, if only we could step outside our normal way of thinking for a moment.  At a cost of nearly a trillion dollars a year, its main global enemy consists of thousands of lightly armedjihadis and wannabe jihadis scattered mainly across the backlands of the planet.  They are capable of causing genuine damage -- though far less to the United States than numerous other countries -- but not of shaking our way of life.  And yet for the leaders, bureaucrats, corporate cronies, rank and file, and acolytes of the NSS, it’s a focus that can never be intense enough on behalf of a system that can never grow large enough or be well funded enough.
None of the frameworks we normally call on to understand the national security state capture the irrationality, genuine inanity, and actual madness that lie at its heart.  Perhaps reimagining what has developed in these last decades as a faith-based system -- a new national religion -- would help.  This, at least, is the way I would explain the new Washington to that wayward Martian.

Friday, December 27, 2013

10 Most Appalling Failures of the American Justice System This Year

The American criminal justice system is grossly unfair. Here are the worst stories of the year. 
Every year, stories emerge that serve as a reminder that the American system of justice means injustice for too many, with some receiving little or no punishment for egregious offenses, while others receive harsh or faulty punishment for much less. Here are some of the worst injustices of 2013:

1. An Alabama blogger is still sitting in a jail cell for exercising his First Amendment rights

Blogger Roger Shuler drew the ire of the powers that be when he continued to write about the alleged extramarital affair of a prominent lawyer rumored to be running for Congress. The lawyer and son of former Alabama governor Bob Riley, Robert Riley, Jr., won a temporary restraining order that  prohibited Shuler from writing anything about Riley’s alleged extramarital affair and other related stories. The order itself was almost certainly a violation of First Amendment law. But Alabama officials took the dispute a step further when they pursued him for a traffic stop and  arrested him for contempt. In spite of advocacy from the ACLU and others, Shuler has now been in a  jail cell for two months for his journalism.

2. A teen spent three years in jail without a conviction or trial

Kalief Browder was a 16-year-old sophomore in high school walking home from a party in the Bronx when he was arrested on a tip that he robbed someone three weeks earlier. He was hauled off to Rikers Island, a prison known for punishing conditions and overuse of force, and was held because he couldn’t pay the $10,000 bail. Browder went to court on several occasions, but he was never scheduled for trial. After  33 months in jail, Browder said a judge offered freedom in exchange for a guilty plea, threatening that he could face 15 years in jail if convicted. He refused. Then one day, he was released with no explanation. While Browder was behind bars, he missed years of his childhood, and is now aiming to attain his GED. Browder spent a particularly long time behind bars before his trial, but the practice of holding those charged but not convicted who cannot afford bail for months is  all-too-common. In fact, the U.S. Supreme Court dismissed the appeal last term of a Louisiana man who  waited seven years behind bars without a trial because the state stalled in appointing him a lawyer.

3. A man who killed an escort for refusing sex was acquitted by a jury

On Christmas Eve, Ezekiel Gilbert hired escort Lenora Ivie Frago and gave her $150 as what he believed was a payment for sex. But when she didn’t deliver that, Gilbert shot her in the neck and she died several months later from critical injuries. A jury  acquitted Gilbert after his lawyer argued that he was authorized to use deadly force under a Texas provision that goes even farther than Florida’s Stand Your Ground law in authorizing the use of deadly force to “retrieve stolen property at night.” As in any jury trial, we’ll  never know if that’s the reasoning the jury accepted when it acquitted Gilbert. Regardless, he will not face any criminal penalty for the shooting.

4. A wealthy teen used the ‘Affluenza’ defense to skirt jail time for four deaths

After 16-year-old Ethan Couch took an intoxicated ride around town with his friends that ended with four deaths and several others critically injured, Couch pleaded guilty to intoxication homicide. But when his lawyer argued at trial that he was not capable of taking responsible for his own actions because of a condition known as “affluenza” that afflicts the very wealthy, the judge  sentenced him to ten years’ probation in a plush Southern California rehabilitation facility, for which his parents would cover the $450,000 per year bill.