Mar 12, 2014
The Polite Conference Rooms Where Liberties Are Saved and Lost
Posted on Mar 26, 2012
By Chris Hedges
I spent four hours in a third-floor conference room at 86 Chambers St. in Manhattan on Friday as I underwent a government deposition. Benjamin H. Torrance, an assistant U.S. attorney, carried out the questioning as part of the government’s effort to decide whether it will challenge my standing as a plaintiff in the lawsuit I have brought with others against President Barack Obama and Secretary of Defense Leon Panetta over the National Defense Authorization Act (NDAA), also known as the Homeland Battlefield Bill.
The NDAA implodes our most cherished constitutional protections. It permits the military to function on U.S. soil as a civilian law enforcement agency. It authorizes the executive branch to order the military to selectively suspend due process and habeas corpus for citizens. The law can be used to detain people deemed threats to national security, including dissidents whose rights were once protected under the First Amendment, and hold them until what is termed “the end of the hostilities.” Even the name itself—the Homeland Battlefield Bill—suggests the totalitarian concept that endless war has to be waged within “the homeland” against internal enemies as well as foreign enemies.
Judge Katherine B. Forrest, in a session starting at 9 a.m. Thursday in the U.S. District Court for the Southern District of New York, will determine if I have standing and if the case can go forward. The attorneys handling my case, Bruce Afran and Carl Mayer, will ask, if I am granted standing, for a temporary injunction against the Homeland Battlefield Bill. An injunction would, in effect, nullify the law and set into motion a fierce duel between two very unequal adversaries—on the one hand, the U.S. government and, on the other, myself, Noam Chomsky, Daniel Ellsberg, the Icelandic parliamentarian Birgitta Jónsdóttir and three other activists and journalists. All have joined me as plaintiffs and begun to mobilize resistance to the law through groups such as Stop NDAA.
The deposition was, as these things go, conducted civilly. Afran and Mayer, the attorneys bringing the suit on my behalf, were present. I was asked detailed questions by Torrance about my interpretation of Section 1021 and Section 1022 of the NDAA. I was asked about my relationships and contacts with groups on the U.S. State Department terrorism list. I was asked about my specific conflicts with the U.S. government when I was a foreign correspondent, a period in which I reported from El Salvador, Nicaragua, the Middle East, the Balkans and other places. And I was asked how the NDAA law had impeded my work.
It is in conference rooms like this one, where attorneys speak in the arcane and formal language of legal statutes, that we lose or save our civil liberties. The 2001 Authorization to Use Military Force Act, the employment of the Espionage Act by the Obama White House against six suspected whistle-blowers and leakers, and the Homeland Battlefield Bill have crippled the work of investigative reporters in every major newsroom in the country. Government sources that once provided information to counter official narratives and lies have largely severed contact with the press. They are acutely aware that there is no longer any legal protection for those who dissent or who expose the crimes of state. The NDAA threw in a new and dangerous component that permits the government not only to silence journalists but imprison them and deny them due process because they “substantially supported” terrorist groups or “associated forces.”
The Reagan White House, in one example, set up an internal program to distort information and intimidate and attack those of us in the region who wrote articles that countered the official narrative. The program was called “public diplomacy.” Walter Raymond Jr., a veteran CIA propagandist, ran it. The goal of the program was to manage “perceptions” about the wars in Central America among the public. That management included aggressive efforts to destroy the careers of reporters who were not compliant by branding them as communists or communist sympathizers. If the power to lock us up indefinitely without legal representation had been in the hands of Elliott Abrams or Oliver North or Raymond, he surely would have used it.
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