Tom Hayden : Is Obama Really in Control?

This plane carrying Bolivian President Evo Morales was forced to land in Vienna despite Obama’s earlier comment that he “wouldn’t scramble jets against a 29 year old hacker.” Photo by Andres Gutierrez / AP.

Refs being ‘worked’?
Does Obama control the State?

The executive branch has aided in the unaccountable growth of a Frankenstein-like Leviathan which now is beyond the control of its own makers, operating outside the levers of democratic oversight and control

By Tom Hayden | The Rag Blog | July 18, 2013

It seemed weird, off-handed, President Obama’s comment that he “wouldn’t scramble jets against a 29 year old hacker,” just two days before the U.S. forced down a Bolivian plane carrying Evo Morales on the suspicion that Edward Snowden was smuggled aboard. Diplomatic hell broke loose, with Brazil, Venezuela, Nicaragua, Ecuador, and others all accusing the U.S. of violating their sovereignty.

With all the talk of Big Data, it’s hard to believe that Snowden couldn’t be detected enroute from the Moscow transit lounge to the departure gate for a Bolivian airliner. That aside, one wonders what if any was the connection between Obama’s remark and the forcedown which subsequently happened.

Obama presumably was trying to squelch rumblings coming from within the national security state. After all, if some of the U.S. hardliners want Julian Assange, Snowden, and their ilk executed, or tried for treason before being executed, the same types might contemplate a Special Operation to render Snowden off a foreign airliner.

As for Evo Morales, I was told by a U.S. ambassador during the Clinton administration that he was a “very bad guy” who had tried to kill American diplomats, a good example of our intelligence demented..

The problem revealed by the incident is not a new one, and not for this president alone. Can we be confident that the president controls the permanent executive branch, especially the “intelligence” apparatus? Or is it not possible that key elements of the apparatus have been fabricating intelligence, pulling strings, “working the refs,” boxing in the White House, asking forgiveness rather than permission, whatever one calls it, and running a foreign policy of their own?

If anyone is shocked by this, it’s all happened before. Several presidents were threatened with blackmail by FBI director J. Edgar Hoover who ran what one U.S. senator called a “Gestapo-operation.” John and Robert Kennedy had to go around their own generals and conspire with the Soviets to cool down the Cuban missile crisis when it was at the brink.

JFK circumvented the generals and CIA by fudging an agreement in Laos. Richard Nixon and the China Lobby foiled Lyndon Johnson’s election-year plan for peace talks by getting the Saigon generals to hold out until after the election. Jimmy Carter was forced to keep diplomacy with Cuba secret from his own State Department negotiators in the late Seventies. Bob Woodward’s Obama’s Wars documents how generals Petraeus and McChrystal tried to trap the president into a “forever war.”

And before all of them, President Eisenhower warned that, “In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.” [1961]

And now this: starting with the Bush era, the top-secret Foreign Intelligence Surveillance Court [FISA] has morphed into a de facto parallel Supreme Court writing and implementing a virtual constitution for the War on Terrorism era. This secret court, appointed in its entirety by the right-wing Supreme Court Justice John Roberts, has approved 1,800 surveillance orders during the past year alone, while rejecting none.

There is no adversary proceeding in this new equivalent of a Star Chamber. There are virtually no public findings. The FISA court has ruled, in secret proceedings, that the vacuuming up of “meta data” on many millions of citizens is a “special needs” exception to the Fourth Amendment ban on state searches and seizures without a warrant.

Some of the secret court’s opinions are said to be nearly 100 pages in length, issued without adversarial proceedings and virtually beyond appeal. Just because Obama is a constitutional lawyer doesn’t mean that he’s devoted detailed attention to this runaway construction of a new constitution — until something like the Snowden revelations force his attention.

“It has quietly become almost a parallel Supreme Court,” according to Eric Lichtblau in The New York Times [July 7], providing a veritable new constitutional framework for every agency engaged in activities under the umbrella of “national security.” A similar extra-constitutional project has been underway for decades to rewrite the rules of private marketplace governance in the era of corporate globalization.

Both thrusts, toward privatization and intelligence wars, represent a gradual movement towards a new legal framework for Empire which minimizes or circumvents democratic processes. The NSA plus the WTO are the “new world order” that George Bush I mused about.

Obama, who is responsible for this mushroom cloud of secrecy, seems occasionally to cry for help at his recognition that it’s spiralling out of control. Since 2012, Obama has officially “welcomed” public conversation, debate, and Congressional drafting of a “new legal architecture” in order to “rein in” his growing imperial presidency and those which are likely to follow.

His inability to implement meaningful change, however, is a remarkable illustration of the limits of the presidency. There is no sign either of Congressional willingness to re-draft the 1973 War Powers Act to cover drones, secret wars like Libya, or the growth of executive-branch cyberwar. The federal courts are complicit in the private rewriting of the Fourth Amendment and the democratic guarantees of the Constitution.

It is not only the shadow of secrecy over democracy, but the apparent grip of secret forces in the executive branch over public policy. Last week the U.S. supported a military coup in Egypt in express violation of Congressional funding restrictions, and without public hearings. Last month, the President reiterated his five-year old pledge to close Guantanamo, get detainees off life-threatening hunger strikes, and repatriate many who already are cleared for release.

As of now, those straightforward orders have not been carried out. Someone is blocking them.

A secret coup hasn’t fully happened yet, and may not, given the nature of American pluralism. But the executive branch has aided in the unaccountable growth of a Frankenstein-like Leviathan which now is beyond the control of its own makers, operating outside the levers of democratic oversight and control.

Obama’s occasional comments welcoming a “conversation” may be seen as muted alarms. If he cannot “rein in” the new Imperial Presidency, a populist protest could be slowly building toward either an insurgency presidential campaign, an uprising, or both.

[Tom Hayden is a former California state senator and leader of Sixties peace, justice, and environmental movements. He currently teaches at Pitzer College in Los Angeles. His latest book is The Long Sixties. Hayden is director of the Peace and Justice Resource center and editor of The Peace Exchange Bulletin. Read more of Tom Hayden’s writing on The Rag Blog.]

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4 Responses to Tom Hayden : Is Obama Really in Control?

  1. alan haber says:

    yes, an insurgency presidential campaign,
    more effective than the 1976 union campaign, wider than the 2012 green campaign, deeper than the shadow cabinet. beginning now, articulating a people’s program from the bottom up, assembling the capacities for a new government, not just a new president, aiming to bring together all the movements on all fronts, hammering the war system and its military industrial congressional, intelligence, prison complex connivers, advancing the peace system and the culture of peace and non-violence, going under the television and mass media, over the back fence, face to face in every precinct, intending to make the next election free and fair, with a real alternative on the ballot. ….if activists can agree to cooperate. alan haber, megiddo@umich.edu

  2. Anonymous says:

    This is what our constitutional scholar president has come to. He did not scramble the jets. Someone ELSE was ready to scramble the jets. The New And Improved Parsing Presidency. What matters is plausible unreliability.

    – Occuponymous

  3. Anonymous says:

    Regarding Obama’s ‘not scrambling the jets” statement, in boxing-type parlance I think it was a feint to the left followed by the actual blow to the right in forcing down Morales’ plane. I do believe our three-point shooting POTUS is perfectly capable of playing an active role in just the right National Security Theater production and that he rather enjoyed the ruse. The bin Laden takedown, I think, might have given him a taste of something he liked. What’s next? Invite Netanyahu for lunch and lace his latkes with Ex-Lax?

    – Occuponymous

  4. Anonymous says:

    This president, the one before him, and those that follow this one, will have no control. Bush didnt mind not having it, as he wanted to further the empire. Obama minds, but doesnt seem to have it in him to actually oppose the efforts. Future presidents will follow suit.

    What Obama has lost is not control, he never had it. He has lost his moral authority to lead. I dont think its his fault as I assume its impossible to be the President and also be morally intact.

    He can talk out both sides of his mouth for only so long. He can get by with attacking others for the same things his administration does for only so long. Pretty soon, every time you see him speaking on TV, you realize its not only an empty suit, but an empty and corrupt soul.

    He is an ass clown with good diction, same as the last, same as the next.

    – Extremist2TheDHS

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