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Wednesday, July 08, 2020

The War on Logic: Contradictions and Absurdities in the House’s Military Spending Bill


There is simply no logic to it—other than the inexorable logic of war profiteering and global control.

Congress seems to approach military interventions as if it were building mousetraps. It makes it easy to get into them, but almost impossible to get out. (Photo: Scott Nelson/Getty Images)
Congress seems to approach military interventions as if it were building mousetraps. It makes it easy to get into them, but almost impossible to get out. (Photo: Scott Nelson/Getty Images)
The House Armed Services Committee just passed a defense appropriations bill filled with moral contradictions and illogical absurdities. Consider:
It removes some racist symbols in the military, but preserves Trump’s ability to use the military against anti-racist demonstrators.
It abdicates Congress’ responsibility to declare war, but prevents the executive branch from moving toward peace.
It was passed by elected officials, but gives a single general the ability to overrule an elected branch of government.
It requires officials to state definitively that removing troops won’t harm security interests, but not to say whether keeping them there will—despite the destabilizing and destructive impact of our troop presence to date in the Middle East.
It is supported by deficit hawks, but would result in 50 percent higher military spending than the last Cold War budget.
The Military and Racism
The Committee’s version of the National Defense Authorization Act (NDAA) requires the removal of Confederate names and flags from military bases. That is an unequivocally good and important thing. Most Americans now understand that the Confederacy was a brief and violent insurrection against lawful authority, conducted solely to help a few wealthy people keep holding other people in brutal bondage. Forcing Black servicemembers and civilians to live and work in the presence of these names and symbols was an extension of slavery culture.
But a number of House Democrats joined with Republicans to block restrictions on Trump’s ability (or a future president’s) to use the military against peaceful protestors, as Trump threatened to do against Black Lives Matter protesters in early June of this year. Another Republican, Sen. Tom Cotton (considered a potential presidential candidate) tweeted
If necessary, (use) the 10th Mountain, 82nd Airborne, 1st Cav, 3rd Infantry—whatever it takes to restore order. No quarter for insurrectionists, anarchists, rioters, and looters."
Cotton, a former military officer, understands that "no quarter" means refusing to accept the lawful surrender of an enemy. Cotton and Trump were talking about the Insurrection Act, a 213-year-old law which gives the president the power to use the military inside the country under certain circumstances. Rep. Veronica Escobar (D-Texas) drafted an amendment in response to these threats, and to the misuse of paramilitary police forces against BLM demonstrators which would have limited that power. It was killed, however, with the help of Democrats on Committee like Reps. Kendra Horn (Okla.), Xochitl Torres Small (N.M.), Jared Golden (Maine), Elaine Luria (Va.), Anthony Brindisi (N.Y.) and Gil Cisneros (Calif.)
Some people point out that the Insurrection Act has been used for good, most notably when Presidents Eisenhower and Kennedy used troops to protect brave Black children who were integrating Southern schools. But the Escobar amendment would not have prevented that. It would have merely required the president to certify that states were unwilling or unable to quell an unlawful disturbance or rebellion, and have given Congress the ability to terminate a president’s use of the Act.
The result? Trump can still send troops to attack Black demonstrators, but they’ll be deployed from bases with more politically correct names.
The Opposite of Authority
Democrats also helped passed two amendments that would make it harder for Trump to reduce troop levels in Afghanistan and Europe. The Constitution gives Congress the sole authority to declare war, which it has not done in countries where we are currently at war.  It gave the president authorization to use military force in the Middle East in 2001, but there is considerable controversy about the extent of that authorization. Trump has not provided Congress with an annual report on his administration’s view of its warmaking authority, which he was legally obligated to do on March 1.
Congress has not demanded that report, nor has it declared war. And yet, in a bizarre inversion of its constitutional authority, The Committee passed two amendments barring a president from reducing military presence without Congressional authority—in places where it never declared war in the first place!
One amendment, introduced by Democrat Jason Crow of Colorado, restricts the president’s ability to reduce troop levels in Afghanistan unless he reports to Congress about the effect of troop reductions on a list of factors that is several pages long. This is a bureaucratic snarl and an exercise in predicting the unpredictable. It’s clearly designed to impose an impossible burden, as is made clear by the requirement that all of the following officials must concur with the report:
- the Secretary of State;
- the Director of National Intelligence;
- the Chairman of the Joint Chiefs;
- the Commander of United States Command;
- the Commander of US forces in Afghanistan; and,
- the US Permanent Representative to NATO.
All of these officials must put their careers on the line by stating that none of the many bad things listed in the amendment will happen. How many people would take that risk?  The amendment doesn’t require them to declare that keeping troop levels higher will have no negative consequences, even though that is also clearly possible. This makes it clear: if you want to protect yourself, block these withdrawals.
The Crow amendment even requires the officials to certify that troop reduction “will not unduly increase the risk to United States personnel in Afghanistan.”  A complete withdrawal would reduce that risk to zero, but the amendment doesn’t address that possibility.
The General’s Veto
The other such amendment, from Democrat Ruben Gallego of Arizona, blocks the president from reducing troop levels in Germany and elsewhere in Europe until Congress receives separate certifications from the Defense Secretary and the Chairman of the Joint Chiefs of Staff that it would not threaten military and security goals.
To my knowledge, these two amendments are the first time a military officer (currently US Army General Mark Milley) has been given the power to overrule a president, simply by withholding his “concurrence.” The president could theoretically fire him, but that would trigger a political firestorm.
It doesn’t take a rose-colored view of Trump to see the dangers in this approach. Trump is no peace president. He hasn’t ended our presence in Iraq and Afghanistan, despite his campaign promises, and he has dropped more bombs in the Middle East than either Bush or Obama. He’s brought us to the brink of war with Venezuela and North Korea, and he has heaped praise on brutal authoritarians like Bolsonaro of Brazil, Duterte of the Philippines, and Modi of India.
But Congress hasn’t acted to end any of those threats and escalations. It has chosen to block the president when, and only when, he might reduce our military presence in other countries.
The War Dividend
Then there’s the sheer size of this appropriation. The Orwellian-named “defense budget” was already larger than that of the next ten countries combined – three times China’s and eleven times Russia’s, according to estimates. And that’s not counting the intelligence budget. Or Homeland Security’s. Or the cost of the Department of Energy’s work on nuclear weapons.
In 1991, as the Cold War was ending, the budget was $280 million, which is $527 billion in 2021 dollars. The House Armed Services Committee just unanimously approved a budget of more than $740 billion. That doesn’t include the “Overseas Contingency Operations” budget that funds the ongoing wars in Iraq and Afghanistan, for which the Defense Department is requesting $69 billion. When this cost is added to the NDAA budget, the total is approximately $810 billion – an increase of more than 50 percent over the country’s defense spending in 1991, at the close of the Cold War.
Where’s that “peace dividend” we were promised?
Speaking of peace: This figure is more than 14 times larger than the “international budget” line item for diplomacy. And yet, the Trump Administration is proposing to cut its international budget request by nearly $12 billion, from $55.8 billion in fiscal year 2021 to $43.9 billion in FY 2021.
The War on Logic
There is simply no logic to it—other than the inexorable logic of war profiteering and global control. Even if you believe intelligence reports about election hacking and bounties on US troops, neither of those activities will be stopped by high-cost items like the F-35 fighter or the Navy’s billion-dollar. This bill was approved by a vote of 56-0, so it is highly likely to pass.
A few representatives fought for common-sense ideas. Rep. Escobar introduced her Insurrection Act amendment. Reps. Matt Gaetz (R-Fla.) and Ro Khanna (D-Calif.) fought the Gallego amendment on troops in Germany.
And there was one piece of good news: the Committee adopted an amendment from Khanna to end logistical support for the Saudi-led bombing campaign in Yemen. The Saudi assault on that country has created a humanitarian catastrophe, one Congress should have prevented.
But Congress seems to approach military interventions as if it were building mousetraps. It makes it easy to get into them, but almost impossible to get out.
Richard Eskow
Richard (RJ) Eskow is Senior Advisor for Health and Economic Justice at Social Security Works and the host of The Zero Hour with RJ Eskow on Free Speech TV. Follow him on Twitter: @rjeskow 



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Monday, April 22, 2024

 

Warrantless Surveillance Makes a Mockery of the Constitution

“Whether he wrote DOWN WITH BIG BROTHER, or whether he refrained from writing it, made no difference… The Thought Police would get him just the same… the arrests invariably happened at night… In the vast majority of cases there was no trial, no report of the arrest. People simply disappeared, always during the night. Your name was removed from the registers, every record of everything you had ever done was wiped out, your one-time existence was denied and then forgotten. You were abolished, annihilated: vaporized was the usual word.” ~ George Orwell, 1984

The government long ago sold us out to the highest bidder.

The highest bidder, by the way, has always been the Deep State.

What’s playing out now with the highly politicized tug-of-war over whether Section 702 of the Foreign Intelligence Surveillance Act gets reauthorized by Congress doesn’t just sell us out, it makes us slaves of the Deep State.

Read the fine print: it’s a doozy.

Just as the USA Patriot was perverted from its stated intent to fight terrorism abroad and was instead used to covertly crack down on the American people (allowing government agencies to secretly track Americans’ financial activities, monitor their communications, and carry out wide-ranging surveillance on them), Section 702 has been used as an end-run around the Constitution to allow the government to collect the actual content of your conversations (phone calls, text messages, video chats, emails and other electronic communication) without a warrant.

Now intelligence officials are pushing to dramatically expand the government’s spying powers, effectively giving the government unbridled authority to force millions of Americans to spy on its behalf.

Basically, the Deep State wants to turn the American people into extensions of Big Brother.

As Sen. Ron Wyden (D-Ore.) explains:

If you have access to any communications, the government can force you to help it spy. That means anyone with access to a server, a wire, a cable box, a Wi-Fi router, a phone, or a computer. So think for a moment about the millions of Americans who work in buildings and offices in which communications are stored or pass through.

After all, every office building in America has data cables running through it. The people are not just the engineers who install, maintain, and repair our communications infrastructure; there are countless others who could be forced to help the government spy, including those who clean offices and guard buildings. If this provision is enacted, the government can deputize any of these people against their will, and force them in effect to become what amounts to an agent for Big Brother – for example, by forcing an employee to insert a USB thumb drive into a server at an office they clean or guard at night.

This could all happen without any oversight whatsoever: The FISA Court won’t know about it, Congress won’t know about it. Americans who are handed these directives will be forbidden from talking about it. Unless they can afford high-priced lawyers with security clearances who know their way around the FISA Court, they will have no recourse at all.”

This is how an effort to reform Section 702 has quickly steamrollered into an expansion of the government’s surveillance powers.

We should have seen this coming.

After all, the Police State doesn’t relinquish power easily, the Surveillance State doesn’t look favorably on anything that might weaken its control, and Big Brother doesn’t like to be restricted.

What most Americans don’t get is that even without Section 702 in play, the government will still target the populace for warrantless, suspicionless mass surveillance, because that’s how the police state maintains its stranglehold on power.

These maneuvers are just the tip of the iceberg.

For all intents and purposes, we now have a fourth branch of government.

This fourth branch came into being without any electoral mandate or constitutional referendum, and yet it possesses superpowers, above and beyond those of any other government agency save the military.

It is all-knowing, all-seeing and all-powerful.

It operates beyond the reach of the president, Congress and the courts, and it marches in lockstep with the corporate elite who really call the shots in Washington, DC.

The government’s “technotyranny” surveillance apparatus has become so entrenched and entangled with its police state apparatus that it’s hard to know anymore where law enforcement ends and surveillance begins. They have become one and the same entity.

The police state has passed the baton to the surveillance state.

On any given day, the average American is now monitored, surveilled, spied on and tracked in more than 20 different ways by both government and corporate eyes and ears.

Every second of every day, the American people are being spied on by the U.S. government’s vast network of digital Peeping Toms, electronic eavesdroppers and robotic snoops.

Beware of what you say, what you read, what you write, where you go, and with whom you communicate, because it will all be recorded, stored and used against you eventually, at a time and place of the government’s choosing.

Privacy, as we have known it, is dead.

Whether you’re walking through a store, driving your car, checking email, or talking to friends and family on the phone, you can be sure that some government agency is listening in and tracking you. This doesn’t even begin to touch on the complicity of the corporate sector, which buys and sells us from cradle to grave, until we have no more data left to mine. These corporate trackers monitor your purchases, web browsing, Facebook posts and other activities taking place in the cyber sphere and share the data with the government.

Just about every branch of the government—from the Postal Service to the Treasury Department and every agency in between – now has its own surveillance sector, authorized to collect data and spy on the American people. Then there are the fusion and counterterrorism centers that gather all of the data from the smaller government spies – the police, public health officials, transportation, etc. – and make it accessible for all those in power.

These government snoops are constantly combing through and harvesting vast quantities of our communications, then storing it in massive databases for years. Once this information—collected illegally and without any probable cause—is ingested into NSA servers, other government agencies can often search through the databases to make criminal cases against Americans that have nothing to do with terrorism or anything national security-related.

Empowered by advances in surveillance technology and emboldened by rapidly expanding public-private partnerships between law enforcement, the Intelligence Community, and the private sector, police have become particularly adept at sidestepping the Fourth Amendment.

Talk about a system rife for abuse.

Now, the government wants us to believe that we have nothing to fear from its mass spying program because they’re only looking to get the “bad” guys who are overseas.

Don’t believe it.

The government’s definition of a “bad” guy is extraordinarily broad, and it results in the warrantless surveillance of innocent, law-abiding Americans on a staggering scale.

Indeed, the government has become the biggest lawbreaker of all.

It’s telling that even after it was revealed that the FBI, one of the most power-hungry and corrupt agencies within the police state’s vast complex of power-hungry and corrupt agencies, misused a massive government surveillance database more than 300,000 times in order to target American citizens, we’re still debating whether they should be allowed to continue to sidestep the Fourth Amendment.

This is how the government operates, after all: our objections are routinely overruled and our rights trampled underfoot.

It works the same every time.

First, the government seeks out extraordinary powers acquired in the wake of some national crisis – in this case, warrantless surveillance powers intended to help the government spy on foreign targets suspected of engaging in terrorism – and then they use those powers against the American people.

According to the Foreign Intelligence Surveillance Court, the FBI repeatedly misused Section 702 in order to spy on the communications of two vastly disparate groups of Americans: those involved in the George Floyd protests and those who may have taken part in the Jan. 6, 2021, protests at the Capitol.

This abuse of its so-called national security powers is par for the course for the government.

According to the Brennan Center for Justice, intelligence agencies conduct roughly 200,000 of these warrantless “backdoor” searches for Americans’ private communications each year.

No one is spared.

Many of the targets of these searches have done nothing wrong.

Government agents have spied on the communications of protesters, members of Congress, crime victims, journalists, and political donors, among many others.

The government has claimed that its spying on Americans is simply “incidental,” as though it were an accident, but it fully intends to collect this information.

As journalist Jake Johnson warns, under an expanded Section 702, U.S. intelligence agencies “could, without a warrant, compel gyms, grocery stores, barber shops, and other businesses to hand over communications data.”

According to the Wall Street Journal, “The Securities and Exchange Commission is deploying a massive government database – the Consolidated Audit Trail, or CAT – that monitors in real time the identity, transactions and investment portfolio of everyone who invests in the stock market.”

Journalist Leo Hohmann reports that the government is also handing out $20 million in grants to police, mental health networks, universities, churches and school districts to enlist their help in identifying Americans who might be political dissidents or potential “extremists.”

Ask the government why it’s carrying out this far-reaching surveillance on American citizens, and you’ll get the same Orwellian answer the government has been trotting in response to every so-called crisis to justify its assaults on our civil liberties: to keep America safe.

What this is really all about, however, is control.

What we are dealing with is a government so power-hungry, paranoid and afraid of losing its stranglehold on power that it is conspiring to wage war on anyone who dares to challenge its authority.

When the FBI is asking banks and other financial institutions to carry out dragnet searches of customer transactions – warrantlessly and without probable cause – for “extremism” indicators broadly based on where you shop, what you read, and how you travel, we’re all in trouble.

You don’t have to do anything illegal.

For that matter, you don’t even have to challenge the government’s authority.

Frankly, you don’t even have to care about politics or know anything about your rights.

All you really need to do in order to be tagged as a suspicious character, flagged for surveillance, and eventually placed on a government watch list is live in the United States.

As long as the government is allowed to weaponize its 360 degree surveillance technologies to flag you as a threat to national security, whether or not you’ve done anything wrong, it’s just a matter of time before you find yourself wrongly accused, investigated and confronted by police based on a data-driven algorithm or risk assessment culled together by a computer program run by artificial intelligence.

As I make clear in my book Battlefield America: The War on the American People and in its fictional counterpart The Erik Blair Diaries, it won’t be long before Big Brother’s Thought Police are locking us up to “protect us” from ourselves.

At that point, we will disappear.

Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police Stateand a debut dystopian fiction novel, The Erik Blair DiariesWhitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.

Friday, February 04, 2022

MANSON SPIRIT POSSESION
Trump's race-war fantasies continue to escalate — while the mainstream media pretends not to notice

Chauncey Devega, Salon
February 03, 2022


Republican presidential candidate Donald Trump greets fairgoers while campaigning at the Iowa State Fair on August 15, 2015 in Des Moines, Iowa. 
(Photo by Win Mcnamee for Agence France-Presse.)


Every day, Donald Trump becomes more his horrible true self. He commands the loyalty of tens of millions of people. He does not even pretend to be a statesman who loves America. He is a political cult leader, a sociopath and a model of antisocial and dangerous behavior. As psychologists and other public health experts have warned, Trump has "infected" many of his most loyal followers with the same mental pathologies.

Trump has an erotic attachment to violence, as do many of his followers. They are tied together by the Big Lie and other sadistic, and anti-human fictions. TrumpWorld is a malignant and vile alternate universe — one that longs to devour and consume the world as it actually exists.

Nearly every day we learn more evidence about Donald Trump and his cabal's attempted coup. In the face of the Justice Department's flaccid approach to those crimes (at least to this point), Trump and his agents continue to attack American democracy, the rule of law and the Constitution, now in plain sight.

Last Saturday at a rally in Conroe, Texas, Trump communicated his clear intent to cause mass mayhem and destruction in the United States — in essence, his willingness to burn it all down — should he ever face punishment for the crimes he committed as president.

Trump told his followers: "If these radical, vicious, racist prosecutors do anything wrong or illegal, I hope we are going to have in this country the biggest protests we have ever had in Washington. D.C., in New York, in Atlanta and elsewhere because our country and our elections are corrupt."

He repeatedly described the prosecutors investigating him in New York, Washington and Atanta as "racist." (All four are Black.) He also attacked them as being "mentally sick" and said they were committing "prosecutorial misconduct at the highest level."

Trump also told the crowd in Conroe that "in 2024, we are going to take back that beautiful, beautiful house that happens to be white, that is so magnificent and that we all love. We are going to take back the White House." All these remarks were read off a teleprompter, rather than improvised.

Trump is a master performer who knows his audience very well. In no way were they uncomfortable with his white supremacist invective and implicit invitations to violence. They applauded. This should not be surprising: Public opinion research has repeatedly shown that Trump's voters are motivated by a sense of white victimology and racial grievance politics, and by a belief that white people like them should remain dominant in our increasingly diverse country.

During his Conroe speech, Trump acted as a political crime boss and dictator in waiting, promising (preemptive) pardons for his followers who engage in political violence and other criminal or terrorist acts on his behalf.

"If I run and if I win, we will treat those people from Jan. 6 fairly," he said. "We will treat them fairly. … And if it requires pardons, we will give them pardons. Because they are being treated so unfairly."

This fits into a larger pattern. At his rally in Arizona several weeks earlier, Trump made false claims about the pandemic and health care that were framed in explicitly racial terms:

The left is now rationing lifesaving therapeutics based on race, discriminating against and denigrating — just, denigrating — white people to determine who lives and who dies. If you're white you don't get the vaccine, or if you're white you don't get therapeutics. It's unbelievable to think this. And nobody wants this. Black people don't want it, white people don't want it, nobody wants it. ... In New York state, if you're white, you have to go to the back of the line to get medical health — think of it, if you're white you go right to the back of the line. ... This race-based medicine is not only anti-American, it's government tyranny in the truest sense of the word.

Trump's statements are more than stochastic terrorism or other implied threats. These are direct instructions to his followers about who their enemies are. Trump has recently focused his attention on Black people, even more than usual. At the Philadelphia Inquirer, Will Bunch suggests that we should "drill down on arguably the most important and alarming word in Trump's statement: racist":

At first blush, it seems to come out of left field, in the sense of what could be racist about looking into a white man's role in an attempted coup or his cooked financial books? Except that it happens that three of the key prosecutors investigating Trump — the Fulton County district attorney, Fani Willis, New York Attorney General Letitia James, and new Manhattan prosecutor Alvin Bragg — as well as the chair of the House committee, Rep. Bennie Thompson of Mississippi, are all Black.

Thus, it's both alarming and yet utterly predictable that Trump would toss the gasoline of racial allegations onto his flaming pile of grievances, knowing how that will play with the Confederate flag aficionados within the ex-president's cult. In tying skin color into his call for mobs in Atlanta or New York, Trump is seeking to start a race war — no different, really, from Dylann Roof. Roof used a .45-caliber Glock handgun, while Trump uses a podium and the services of fawning right-wing cable-TV networks. Sadly, the latter method could prove more effective.

Trump's threats against Willis and James carry particular resonance at this moment, given that President Biden has announced his historic intention to nominate a Black woman to the Supreme Court.

Donald Trump is an entrepreneur of racial and ethnic violence. In that sense, he is not dissimilar to leaders in places like Rwanda or the former Yugoslavia, who used fear, lies, stereotypes and other dehumanizing and eliminationist rhetoric and threats of violence to encourage ethnic genocide. Trump has made it clear that he wants a "race war", where black and brown people are targeted for widescale violence by white people. There may be thousands, or tens of thousands (or even more) of white people willing to follow his orders. The danger is extreme.

The thousands of Trump's followers who attacked the Capitol on Jan. 6, 2021, represent a deeper and broader group in American society who are becoming more radicalized and less restrained. While some of Trump's attack force may face incarceration, many have not been deterred in the least, and are only becoming more resolute and determined.

Fascist intimidation and threats of violence are being normalized across American society. Right-wing paramilitaries and street thugs are attempting to claim public space through marches, "protests" and other actions designed to signal their growing power and influence — and, most importantly, to intimidate those Americans who believe in pluralism and democracy.

Trump's fantasies of race war are only one part of a larger strategy aimed at turning America into a 21st-century apartheid state. Republicans intend to make it almost impossible for a Democratic candidate to win the presidential election — and many state and local elections as well. They are using the moral panic around "critical race theory" and other culture-war issues to impose an Orwellian reshaping of America's schools, where it will be illegal to tell the truth about American history or to discuss subject matter deemed to be "unpatriotic" or somehow "uncomfortable" for white people.

In Florida and other states, Republicans are using state authority and resources to silence dissent and protest. This includes laws that encourage right-wing vigilante violence, and the creation of "election police" intended to intimidate and harass Black and brown people as well as liberals, progressives and other "enemies" of "real America".

What should the American people do? Who is going to save democracy? Not the Department of Justice. The House committee investigating the Jan. 6 attack has limited powers to hold Trump and his cabal responsible. The Democratic Party has repeatedly shown that it lacks even a basic understanding of how to explain or address the existential dangers posed by Trump and the Republican fascists.

The mainstream media has continued to fail in its primary task as guardians of democracy. Instead of clearly, consistently and forcefully telling the truth about Donald Trump and the neofascist movement, the news media remains addicted to horserace journalism, "both-sides-ism" and other forms of false equivalency.

Writing at Media Matters, Eric Kleefeld summarized these failures:
Mainstream media outlets should be treating all of this as a five-alarm fire for American democracy and the U.S. Constitution. But instead, Politico's Playbook on Sunday pondered how Trump's declarations might affect Republican messaging and prospects for the midterm election….

The New York Times positioned Trump's comments in terms of supposed Republican infighting and messaging: "The statement signifies an increase in the intensity of the former president's push to litigate the 2020 election and comes days after Senator Mitch McConnell, the minority leader, issued a public warning to Republican candidates to 'respect the results of our democratic process' during an interview with CNN." (The alleged conflict among Republicans is also exaggerated by mainstream media outlets.)
The Washington Post ran a piece Sunday evening, titled "Trump's Texas trip illustrates his upsides and downsides for Republicans and their midterm hopes." Immediately after the paragraph detailing Trump's offer of pardons to January 6 rioters, along with his incitement of new demonstrations against district attorneys, the article proceeded to discuss what this might mean for Republican candidates in primary and general elections ...

And in a separate but also consequential example of missing the real message, The Associated Press said that Trump's "offer represents an attempt by Trump to further minimize the most significant attack on the seat of government since the War of 1812."
Trump didn't just "minimize" what happened, he is actively trying to seed more of it.

Pro-democracy Americans will need to organize across society with the goal of pressuring the Democratic Party, major corporations and other elites into pushing back forcefully against the Republican fascist movement's attacks on American democracy and freedom. Pro-democracy Americans will also need to organize on the local level to resist, survive and defeat the rising fascist tide.

In the end, it will be the American people, through direct action and mass mobilization — strikes, boycotts, direct action and other types of corporeal politics — who must save American democracy.

On his eponymous TV show, "Mister Rogers' Neighborhood," Fred Rogers told children (and the many adults who were watching as well) that if they were in trouble they should "look for the helpers." America needs Fred Rogers' wisdom now. The helpers are our neighbors and other members of the community who are willing to struggle and suffer to protect America's multiracial democracy and to create a more humane society. The helpers are those who have been sounding the alarm, sometimes at great personal risk, about the dangers of Trump's regime. But in the end we are adults, not children. The most essential helpers are looking back at us in the mirror.

Monday, March 29, 2021

 

Why the Equality Act is no big threat to religious freedom

If push comes to shove, expect the Supreme Court to step in.

House Speaker Nancy Pelosi of California, center, speaks about the Congress Equality Act on Feb. 25, 2021, with, from left, Sen. Cory Booker, D-N.J.; Sen. Jerry Nadler, D-N.Y.; Sen. Jeff Merkley, D-Ore.; Rep. David Cicilline, D-R.I.; Sen. Tammy Baldwin, D-Wis.; and Senate Majority Leader Chuck Schumer, D-N.Y., on Capitol Hill in Washington. (AP Photo/Jacquelyn Martin)

(RNS) — Listen to its opponents and you’d think the Equality Act, which the House of Representatives passed Feb. 25, is designed to destroy the free exercise of religion in America.

“No person of faith or religious institution, whether school, church, synagogue, mosque, business, or non-profit, will escape the Orwellian reach of the Equality Act,” said Family Research Council President Tony Perkins.

The act, claim the Catholic bishops, “codifies the new ideology of ‘gender’ in federal law, dismissing sexual difference and falsely presenting ‘gender’ as only a social construct” as well as riding “roughshod over religious liberty.”


RELATED: The Supreme Court ups the ante on religious liberty


It would, according to the Heritage Foundation, “make mainstream beliefs about marriage, biological facts about sex differences, and many sincerely held beliefs punishable under the law.”

And my favorite, from Rabbi Yaakov Menken, managing director of the Coalition for Jewish Values: “If bigots were bent on eliminating Orthodox Judaism from American soil, it is difficult to imagine a more ruthlessly efficient tool than the Equality Act.”

Woah. As the current guy says, here’s the deal:

The Equality Act would prevent discrimination against LGBT people by amending the Civil Rights Act of 1964 to explicitly include sexual preference and gender identity along with sex. Such discrimination would be prohibited in employment, housing, public accommodation, education, federally funded programs, credit and jury service.

Let it be noted that the Supreme Court, in last year’s 6-3 Bostock decision, determined that the Civil Rights Act’s existing prohibition of employment discrimination on grounds of sex already extends to sexual preference and gender identity. It’s also worth noting that the vast majority of Americans (including two-thirds of Republicans) support laws banning discrimination against LGBT people.

Here’s the issue, however: The Equality Act stipulates that the 1993 Religious Freedom Restoration Act cannot be used to obtain an exemption from the Equality Act’s discrimination prohibitions. RFRA, it states, “shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title.”

How big a deal is this?

RFRA requires courts to employ the standard of review known as “strict scrutiny” when a plaintiff claims that the federal government has violated the plaintiff’s religious freedom. That means the government must prove that a law or ordinance advances a “compelling” government interest and that it does so by “the least restrictive means.” 

Under the Equality Act (i.e., without recourse to RFRA), a plaintiff wishing, say, to refuse wedding services to a same-sex couple on religious grounds would be faced with a different constitutional standard, one enunciated by the late Justice Antonin Scalia in Employment Division v. Smith (1990), in which two drug rehab employees claimed taking hallucinatory peyote was a ritual of their Native American faith.

Smith, the court’s worst free-exercise decision ever, did not just do away with the court’s existing strict scrutiny standard of review; it didn’t even employ weaker established tests of “intermediate scrutiny” (furthering an “important” government interest by “substantially related” means) or “rational basis” (furthering a “legitimate” government interest in a “rationally” related way). Smith holds, baldly, that so long as a law is “neutral” and “generally applicable” it cannot be challenged on free-exercise grounds.

Why did Scalia, a devout Roman Catholic, impose so profound a limitation on religious liberty? At the time, free-exercise cases were usually brought on behalf of small religious minorities — such as the Native Americans in Smith. While Scalia agreed that laws specifically aimed at religious practices or communities should be struck down as unconstitutional, he didn’t want courts fostering a situation where, as he wrote, “each conscience is a law unto itself.”

Religious bodies and civil libertarians were appalled. Persuaded by a large coalition of them (including the Catholic Church and the American Civil Liberties Union), a nearly unanimous Congress passed RFRA with the object of requiring the Supreme Court to reinstate strict scrutiny as its constitutional standard and thereby restore religious freedom. 

The court would eventually slap down Congress’ imposition of strict scrutiny for constitutional adjudication (you don’t get to tell us how to interpret the Constitution) but allowed RFRA to apply to federal (not state) laws and ordinances. That’s why Congress has the power to make RFRA inapplicable to anti-discrimination law.

Should the Equality Act pass the Senate and be signed by President Joe Biden (as he has promised), opponents predict a parade of horribles. Menken, for example, claims that whenever a religious body avails itself of a restaurant, catering hall, funeral home or other “public accommodation,” it would be precluded from enforcing its own gender-based rules — such as, in the case of Orthodox Judaism, same-sex seating.

I’m not so sure about that. What I’d be prepared to put money on, however, is that if such a parade actually started, the Supreme Court would step in, very likely reversing Smith and restoring strict scrutiny as its free-exercise test. But we shouldn’t imagine that things would then revert to the status quo ante.

Prior to Smith, the justices were pretty deferential to the government when it wanted to declare a compelling interest in a free-exercise case. In 1986, for example, an Orthodox Jewish Air Force chaplain was denied the right to wear a yarmulke on base because of the military’s asserted need to “foster instinctive obedience, unity, commitment, and esprit de corps.”

More relevant to the Equality Act is the court’s 1983 decision upholding the IRS’ revocation of Bob Jones University’s tax-exempt status for refusing to permit interracial dating or marriage on the grounds that this was forbidden by the Bible.

Since then, the court’s deference has shifted to the religious side, as in its unanimous 2012 Hosanna Tabor decision that federal anti-discrimination laws do not apply to religious organizations’ selection of religious leaders — a decision that did not rely on RFRA at all. The readiness of the court to overturn state restrictions on in-person worship since the arrival of Amy Coney Barrett on the bench puts an exclamation point on this trend.

Under the circumstances, it might be wise for proponents of the Equality Act to consider compromising on an alternative bill, the Fairness for All Act, which was introduced in 2019 and again this year by U.S. Rep. Chris Stewart.

Modeled on a Utah law passed in 2015 with the support of both The Church of Jesus Christ of Latter-day Saints and gay rights leaders in the state, it would write protections for LGBT people into the Civil Rights Act while explicitly protecting the possibility of religious exemptions under RFRA. 

Partisans on both sides of the Equality Act hate the Fairness for All Act. So don’t be holding your breath.

Wednesday, February 09, 2022

'What the hell is that?' Fox News' Geraldo buries Tomi Lahren for defending 'thuggish' trucker protests

Brad Reed
February 09, 2022

Fox News' Geraldo Rivera on Wednesday called out Tomi Lahren for supporting the "Freedom Convoy" in Canada that is disrupting life for residents in the city of Ottawa.

During a discussion about the anti-vaccine protests taking place in Canada, Rivera accused Lahren of whitewashing their behavior.

"Their behavior has been nothing short of thuggish in Ottawa," he said. "They kept people in the neighborhood awake all night revving their engines, blowing their horns. They've deprived Ottawa of business, of tens of millions of dollars, now they're blockading the international bridges."

Rivera concluded by telling Lahren that "to give these guys the mantle of freedom fighters is appallingly naïve."

Lahren responded by comparing the truckers to America's founders and said that Rivera would have called George Washington and Thomas Jefferson "thugs" and "degenerates" were he alive during the Revolutionary War.

Rivera, however, was not having it, and he was offended that Lahren would compare people carrying swastikas and Confederate flags to America's founders.

"What the hell is that about?" he asked incredulously. "They have been very destructive! 40 percent of Canada's trade goes over the bridge they have blocked!"

Watch the video below.

'What the hell is that?' Fox News' Geraldo buries Tomi Lahren for defending 'thuggish' truckers



WATCH: Kayleigh McEnany visibly stunned as Ari Fleischer stomps on Canada's anti-vax 'Freedom Convoy'

David Edwards
February 09, 2022

Fox News/screen grab

Fox News conservative contributor Ari Fleischer left network hosts without a response on Wednesday after he revealed his opposition to a Canadian "Freedom Convoy" protest that was purportedly started by truckers who oppose vaccine mandates.

Throughout the week, Fox News has provided favorable coverage of the protest despite polls that show most Ottawa residents want the demonstrators to go home.

"The facts are important," Fox News host Kayleigh McEnany told Fleischer. "These guys were essential workers, they couldn't have a supply shortage, they're driving their trucks across the border then all the sudden on Jan. 15 there's this new Orwellian restriction put in place and they're looking around, saying, did the science change? Why Jan. 15 do we suddenly -- we're no longer essential?"

Fleischer expressed sympathy for the truckers but said that he disagreed with their tactics.

"I have a different take on this," he revealed. "I've been caught in enough New York City traffic snarls where I couldn't move for two hours because Occupy Wall Street took over all the streets in New York City -- many of the streets in New York City in certain areas."

"You don't have the right no matter how good your cause is to do that to your fellow citizens," the pundit continued. "I do not support blocking traffic, interfering with the mobility of other people, which includes their getting health care, their carrying out the things they need in life to be on time for."

He added: "And so I oppose it whether it's Occupy Wall Street or a group I'm sympathetic toward. Good goals but bad tactics. I think you alienate more people by doing this."

Fleischer admitted that the protest is "kind of fun to watch on TV."

"But these tactics backfire and I don't like them being done by anybody," he remarked. "Stay off the streets. Don't shut down the rights of other people to go where they need to go."

McEnany had no response for Fleischer. Instead, she moved on to a question attacking Ottawa police for tactics used against right-wing protesters.

Watch the video below from Fox News.

Sunday, July 21, 2024

An unending genocide in Gaza: Interview with Toufic Haddad

LONG READ

Published 
LINKS.ORG.AU
destruction in Gaza

First published at Spectre.

For the past nine months, Israel has carried out a brutal assault on Gaza, destroying much of the enclave and killing tens of thousands (if not well over a hundred thousand) Palestinians. Israel has said that it will not end the war until it destroys Hamas—despite the fact that Hamas has agreed to ceasefire conditions more than once, and despite the fact that this is an all-but-impossible goal that promises to extend the war for the foreseeable future. To better understand the dynamics at hand, Spectre’s Shireen Akram-Boshar interviews Toufic Haddad, who speaks about the history and political economy behind the genocide—from Hamas’ October 7 attack to Israel’s strategic objectives in its repeated wars on Gaza, to the failures of the Oslo framework.

Toufic Haddad is a Palestinian American academic and activist. He is the author of Palestine Ltd: Neoliberalism and Nationalism in the Occupied Territory (I. B. Tauris, 2016).

Previous Israeli assaults on Gaza lasted a matter of weeks—the longest, the 2014 assault, Operation Protective Edge, lasted fifty-one days. What are the present conditions that have allowed Israel to carry out such a massive assault over such a long period of time, and with such brutality that it has made much of Gaza unlivable? Why has massive global protest been unable to bring Israel’s assault to an end, whereas in previous cases, Israel was forced to a ceasefire after much shorter periods?

Although Israel has always justified its military assaults as necessary for some pressing security need, it has actually always pursued less visible objectives in these campaigns than those it publicly declares.

In contrast to their public justifications, the campaigns launched against Gaza since 2007 were aimed at entrenching the political and institutional division between Palestinians in the Gaza Strip and in the West Bank. Israel saw this division as a strategic benefit for resolving the Palestine question in their favor: by ensuring divisions in the leadership of the Palestinian movement, Israel ensured that Palestinians lacked a unified strategy for liberation, and that the resources the national movement would be squandered. Israel could also avert blame for eschewing a political process while continuing its settlement expansion across the West Bank, which has been its utmost geopolitical priority in recent years.

Prior to 2006, there was only one entity formally recognized by most of the international community as the legitimate Palestinian representative body — the Palestinian Authority, which was controlled by the PLO, and basically Fatah. Then came the elections that Hamas decisively won and the mini-civil war of mid-2007, where Hamas was prevented from taking over the institutions of this authority. This led to the ensuing West Bank–Gaza Strip division that has characterized Palestinian politics ever since.

Israel’s assaults on Gaza since the division were aimed at punishing Hamas for the political temerity of attempting to use democratic means to chart a course that did not conform to the Oslo framework. These assaults also aimed to destabilize delicate negotiations between Fatah and Hamas around national reconciliation.

By containing and punishing Hamas’ governance in Gaza while simultaneously attempting to induce forms of cooptation, passivity, and quiescence in the West Bank, Israel and Western donor states essentially oversaw a divide-and-rule strategy using carrots and sticks.

Israel termed the Gaza wing of this two-pronged strategy “mowing the lawn,” which was designed to “cut back” the growing internal pressures and resistance forces that inevitably germinated there. These assaults were also designed to induce demoralizing and ostensibly unsustainable losses for a movement with so few achievements from its supposed resistance. The high material losses in infrastructure and buildings were intended to promote rivalry over control of resources and priorities between Hamas and Fatah when the time for reconstruction came. We saw this trend consistently during the previous seventeen years of siege.

Israel’s 2008–2009 assault Operation Cast Lead, which killed fourteen hundred Palestinians, was launched as a surprise attack on a graduation ceremony for Hamas’ civilian police force, massacring over two hundred people in its first ten minutes. This strike established Hamas’ civil governance as a permanent potential target for Israel. The strike also occurred after the first serious talks were planned between Hamas and Fatah since the 2007 division.

The 2012 Israeli assault, Operation Pillar of Defense, was again launched by surprise and began with the assassination of Ahmed Al Ja’bari — a key Hamas figure accused of masterminding the abduction of Israeli soldier Gilad Shalit and the following negotiations that resulted in a historic prisoner exchange. Although this was a shorter conflagration (one week long) and killed significantly fewer people (175 Palestinians), it was designed to send a similarly demoralizing message: that resistance is futile and that the long arm of Israel will eventually catch those who threaten it. Three months before the operation was launched, Hamas and Fatah had signed an agreement in Cairo to hold elections for a new unity government, and to implement what was known as the Doha Agreement.

Following the kidnapping and killing of three settlers near Hebron, and the retaliatory murder of Mohammed Abu Khdeir in Jerusalem, Israel launched another surprise assault on Gaza, beginning Operation Protective Edge. The assault killed 2250 people over fifty-one days. Notably, the small-scale, tit-for-tat killings that precipitated the war occurred in the West Bank and Jerusalem, rather than in Gaza. Protective Edge was meant to establish that any attack by Hamas anywhere in Palestine, no matter how small, could ignite a major assault that killed thousands. Like Cast Lead and Pillar of Defense, Operation Protective Edge was launched at the moment of a prospective reconciliation between Hamas and Fatah; scarcely two months earlier Hamas and Fatah signed what was known as the Shati Agreement — yet another reconciliation agreement aiming towards a unity government followed by both presidential and parliamentary elections.

So all of these previous assaults were broadly conducted according to the same rationale. They attempted to establish a particular political calculus that prevented democratic processes that could lead to Palestinian unity. These assaults dealt large and painful blows to Hamas and Palestinian society and both prevented the movement from consolidating itself on the ground, costing it key cadre and infrastructure. These setbacks created a dynamic in which Palestinians saw themselves as losing ground so long as they defied Oslo and continued their military resistance. The assaults generated political, financial, and institutional crises that entrenched two distinct political economies in Gaza and the West Bank behind Hamas and Fatah, respectively. They furthermore were aimed at diverting the focus of both the people and Hamas to the tasks of mere survival and reconstruction.

In contrast to these previous assaults, what we’re witnessing today in Gaza is quantitatively and qualitatively different.

Despite repeated attempts to “sear the futility of resistance into Palestinian consciousness” — the terminology Israel developed to describe its “deterrence” policies — Israel categorically failed in this endeavor.

On October 7, Operation Al Aqsa Flood demonstrated that the movement was undeterred by Israel’s brute logic and that it had built a significant capacity for resistance within the constraints under which it operated. At the same time, it gave Israel the impression that it was co-opted (or, at least co-optable). Hamas showed itself capable of cooling down popular protest at the Gaza fence, particularly the incendiary kites that Gazans launched against kibbutz fields on the periphery of the Strip. Hamas also appeared to influence other factions, like the Islamic Jihad, to “cool down” their occasional rocket fire. By doing so, Hamas drew Israel into a political exchange that extracted concessions, including the issuance of twenty thousand permits for Gazan workers in Israel, as well as the monthly transfer of $30 million in funds that helped pay for basic government services. Israel believed that these concessions to Hamas consolidated a more moderate version of the organization and, by extension, the Gaza wing of its two pronged divide-and-rule strategy. Israel thought it was cultivating and taming Hamas by giving it something to lose.

This partially explains the unpreparedness of the Israeli military and political class on the eve of October 7, despite evidence from their own intelligence services suggesting that Hamas was planning something. The arrogant colonial mindset shared by the entirety of the Israeli military and political class permitted it to be duped. In truth, Hamas had predicted how Israel operated and understood that Israel conceived of their motivations — and those of the Palestinians in general — as crudely Pavlovian. Accordingly, Hamas designed an attack plan that leveraged this understanding to devastating effectiveness.

In this respect, Hamas displayed tactical shrewdness that was even successful in deceiving some Palestinian and independent observers who had come to characterize the movement as “pacified” — as “an Islamist version of Fatah” intent with merely ruling the rump territory of Gaza.

But Hamas was aware of the broader divide-and-rule logic and patiently set its sights on implementing something much more fundamental than its previous attempts at resisting Israel. The resulting October 7 operation and the huge losses Israel sustained were unprecedented in scope and scale. They totally exposed and collapsed multiple Israeli political and military premises in one fell swoop.

Israel’s military and political elite launched the subsequent assault on Gaza to redeem itself from this humiliation and exorcise their tactical and strategic failures of that day. In addition to exacting a punishing revenge from Hamas and Palestinians, Israel was determined to use its enormous military might and Western backing to achieve broader objectives than those seen as possible in previous rounds of combat. Rather than entrench divide and rule, Israel now seeks to put genocide and ethnic cleansing back on the table in a way it has not been since the 1967 expulsion of half a million Palestinians from Palestine. These motivations are behind the Israeli military and political class’s statements about a “Gaza Nakba” immediately after October 7, and the attempts to normalize discussion of plans to push the Palestinians in Gaza into northern Sinai (or at the very least, out of the northern Gaza Strip). We also see Israeli elites continue to openly encourage third parties to accept Gazans “after the war.”

All this makes the current round qualitatively different from previous ones. Israel is not trying to divide and rule any longer; it is trying to decimate one of the divisions (Gaza) entirely and establish a pattern of ethnic cleansing that can subsequently be used in theaters like the West Bank and Jerusalem. This potentiality remains as long as the campaign exists, even if developments on the ground (largely, US and Egyptian pressure) appear to have prevented this possibility from arising so far. Transfer, in whole or in part, together with a substantive genocide, remain Israel’s objectives in Gaza.

Of course, Israel is also encountering stiff and entrenched resistance in Gaza, though it has achieved a great deal already in terms of making Gaza unlivable. This has significantly raised the stakes of the equation for both sides.

At the same time, Israel has also declared specific objectives in its “war” — destroying Hamas and returning the captives held in Gaza. It needs to deliver on these targets if it is to continue asking Israeli society to withstand the price it has been paying since October 7. These costs are not insignificant in terms of blood, finance, insecurity, internal displacement, international scorn, and so on. Indeed, without delivering a minimal threshold of accomplishing these goals, Israel’s tactical defeat is transparent and bears grave repercussions for Israel on different levels. Israel’s assault on Gaza has damaged its reputation as a reliable regional powerhouse, as a “safe-haven for Jews of the world,” as a state that can hold the Occupied Palestinian Territories (OPT), and as a welcomed member in the community of nations.

The singular question of the captives’ return goes to the heart of the social and political contract the state has with Israeli settler society. Failing to deliver, or else acting in a way that overly compromises captive safety, both pose risks to Israel’s ability to conscript soldiers. This ability is already precarious given the exclusion of significant sections of the Israeli citizenry (Palestinian citizens of Israel and Orthodox Jews) and the significant number of Israelis that either live overseas or attempt to escape conscription by other means. The destruction of Hamas is important for Israel because its institutional and military successes on October 7 demonstrated strategic capabilities that are larger than previously assumed, and which could have knock-on effects in the West Bank as well. So all these issues are on the line for Israel with success far from assured. Thus, continuation of the genocide becomes a way to keep momentum moving forward so none of these questions are formally posed — or forcibly answered — on terms set by the Palestinians, Hamas, or Israel’s wider adversaries.

While this broadly explains the Israeli campaign’s longevity, the stance of Western governments that support Israel in its core objectives (dismantling Hamas and returning captives), and which provide political cover for Israel’s actions, has been a key element in prolonging the present assault on Gaza. The main culprits here are the US, UK, and EU states, with the latter two largely shadowing the US position, albeit in a manner that enables sufficient plausible deniability of the Israeli campaign’s most overtly genocidal aspects. But fundamentally, the political and military umbrella that these powers provide Israel acts as the necessary means to carry out the bloodbath Israel inflicts on a daily basis.

In the end, states require specific material and political conditions to enact genocidal policies at such a scale and at such a pace, especially in the twenty-first century when things can be broadcast via social media channels. Israel had already dropped more than seventy thousand tons of explosives on Gaza — the equivalent of three nuclear bombs — by the end of April 2024, enacting levels of destruction that are larger than the worst phases of the Allied bombing of Japanese and German cities during the Second World War. So we are really talking about a level of violence that is historically unprecedented, especially considering Gaza’s tiny size (365 square kilometers) and the fact that it is basically a large ghetto filled with generations of refugees.

Such genocidal activity carried out over nine months in such an overt manner is only possible with tacit (or explicit) collaboration to facilitate it financially, institutionally, politically, and militarily. In this sense, the road to the Gaza genocide runs straight through New York, Washington, London and Berlin — and not only through its government and industries, but also through its media, universities, and charities.

These powers see a lot at stake for their own interests, as Israel is their only reliable long-term ally in a troubled region, and they have expended billions of dollars ensuring its power and resilience as a supposedly “Jewish state” in the heart of the Arab world — that is, as a Western base in the region, and a solution to the Jewish question after the slaughter of European Jewry in the Second World War.

While Israel’s identity, social contract, and regional role are at stake in its Gaza campaign, it has structured much of its industry, economy and geopolitical role to servicing European and US interests. Thus, the continued support of Israel’s EU and US allies in prolonging the assault on Gaza is not merely a function of their historical attachment to the Zionist project. The significant gas reserves of the eastern Mediterranean basin, and the importance of these reserves to the EU after the Russian invasion of Ukraine, also elevate Israel’s regional and global importance. The issue of natural gas was a significant factor in the US and EU’s decision to permit Israel to implement its cynical interpretation and application of Oslo from the late 1990s and onwards without repercussions. It was not for nothing that the German government moved to supply Israel with nuclear-class submarines in 2006 after the extent of the natural gas discoveries in these waters became known.

In this sense, Western state support for Israel’s genocidal policies directly link to the country’s ability to represent itself as fighting for “Western civilization” and its economic interests, to say nothing of disciplining competing regional hegemons like Turkey and Iran.

On top of this imperial dimension, let’s not forget the perverse interests at play as well — though of course the entire campaign is perverse and abhorrent.

The Israeli political and military class wants to avert personal blame and possible jail time, and to emerge as romantic saviors from its October 7 balagan (Hebrew for “chaotic mess”). The military industrial complexes in the US and Europe are also making billions from the flow of arms and gain the opportunity to advertise these products as battle-tested in the Gaza theatre. All these factors are also taking place in the background.

Finally, it would be inaccurate to fail to acknowledge that a considerable reason for the longevity of the campaign is the tenacity of the Palestinian resistance — be this Hamas and other factions, or the resilient Palestinian society protecting this resistance. Neither have collapsed despite overwhelming odds and pressure. Let’s not forget that both are up against not only Israel, but also the US and UK militaries that directly oversee operations and intelligence-gathering missions, while also providing weapons and political cover to the Israeli campaign. Palestinians face these powers with extremely limited means. Not acknowledging their resilience and sacrifice would be a disservice to the incredible courage and determination we are witnessing from Gaza. Had either of these collapsed, the situation on the ground would look gravely different.

Of course, this is not to downplay the unfathomable and horrific suffering and injustice we are witnessing today. Nor does it exclude the need for discussions regarding the leadership, tactics, strategy, and operation of these Palestinian factions and their allies. But these discussions cannot and will not be taken up now in the midst of a genocide. Because Israel’s objectives are so historically fundamental and potentially existential for the Palestinian people, it is obvious to Palestinians that there is no alternative to steadfast resistance. With this said, one should also acknowledge that it somehow feels distasteful to even acknowledge this resilience, when it is obvious we are talking about the primitive survival of a largely defenseless population that has been forced to endure a brazen annihilationist campaign while much of the global order seems powerless to stop it.

Can you speak more to this last dimension — how you read the responses of Gaza’s social and political actors to both Israel’s genocidal policies and the resistance of Hamas and other factions?

There is certainly a lot of curiosity about these dimensions, and it is difficult to get feel for things without being on the ground. I do my best to follow the raw feed from various Telegram channels, which eliminates some of the middlemen. That being said, we must acknowledge the limitations to what can be known from a distance. Additionally, we must always appreciate the diversity of Palestinian society. There is not one perspective but a range that changes across time, context, and geography, to say nothing of class, gender, age, and so on.

With all this said, it’s not like folks in Gaza woke up one day and decided that it might be a good day to attack Israel on October 7.

The enormous history, resources, and conviction that go into making a decision like that and pulling it off in the end; smashing the Gazan military command that enforced the siege; taking significant numbers of Israeli personnel captive to exchange them for Palestinian prisoners — the main aims declared by Hamas on the day; the response of Gaza’s political and civil society which has held firm for the past months and actively declared its motivation to join with Hamas and resist the Israeli campaign: all of this speaks to broad and complex historical dynamics related to the struggle with Israel, as well as to internal matters within the Palestinian movement that tend to get lost in the imagery of incredible suffering and destruction.

In this sense, the answers to your question do not arise in a vacuum but are part of various historical continuums that are themselves informed and layered, with key junctures and dialectical processes — relational, ideological, and political. If we seriously want to know the factors that go into answering these questions, we need to appreciate the dialectical processes themselves and not only the dynamics unleashed by the events of October 7.

In this light, let’s pause to say it clearly: rarely in human history do you have such a textbook case of genocide. That’s what the genocide scholars are saying at least. Of course, Palestinians are not waiting for the jury to emerge to see whether this understanding can penetrate public discourse in the West. But Palestinians already have deep experience with Zionist ethnic cleansing — every Palestinian generation has had their lived reality shaped by these experiences. So Palestinians see what’s happening today as part of that continuum and act accordingly.

The question for Palestinians has always been how to resist this — to end al-Nakba almustamirra (the continuous Nakba); to end the system of oppression that Palestinians face under occupation; to ensure the return of the refugees; to somehow put the brakes on the machinations of the Israeli state and its colonial practices that ceaselessly appropriate land and displace them. These core objectives form the basis for all Palestinian approaches to politics since 1948 and are wrapped up in the question of national self-determination and statehood.

On top of this, the situation in Gaza before October 7 was absolutely unlivable. Gaza has been a poisoned open-air prison for decades, with no future for millions of people. It was run in a sadistic, Orwellian manner by the Israeli army and the international donor community—a perverse regime that emerged out of the Oslo Accords and its dystopian doublespeak. Israel used the world’s most sophisticated military technologies to control and manipulate a population of refugees who were desperate to escape this prison and go back to their ancestral lands and homes—homes which were all nearby and largely empty. The direct and structural violence of these policies led Gaza and the broader Palestinian cause into an advanced state of sociocide and politicide.

Western liberal states camouflaged Israel’s acts and ignored their own responsibility for this situation. They engaged in “humanitarian” activity by paying for the elementary social programs that enabled Palestinians to barely survive within their ghettos, all while financing Israel and supplying their army. The whole system was so perverse, skewed, and normalized that Palestinian suffering generally, and Gazan suffering in particular, was seen as a necessary cost of the new global and regional order — effectively rendering that suffering invisible.

In this broader context, we should be clear that while Hamas was the main political and social body representing and organizing Palestinians within the Gaza prison, it was not the prison guard who actually ran it.

In that regard, Hamas is the latest political actor that entered into this broader context and attempted to answer the main questions of the national movement. More specifically, it did so during the decline of Fatah and the PLO factions in their failed Oslo gambit. While Israeli and Western actions bear most of the responsibility, there was also a strong sense among Palestinians that chaotic politicking, financial corruption, democratic shortfalls, and ideological bankruptcy also played a role in Fatah’s failure, or at least in the failure to build an effective alternative when the true nature of the post-Oslo order became apparent.

For Hamas, the process of entering this terrain and having to take up this mantle has been a huge, complex, and delicate undertaking that the movement overall was, frankly, not prepared for on many levels. The organization was also undertaking this role from an outsider’s positioning, insofar as Hamas was seen as a latecomer to Palestinian politics and was outside the fold of the “legitimate” secular national actors who launched the post-Nakba national movement.

There is no need to trace all the stages of how Hamas got to where it did. The fact of the matter is that by 2006 it already overwhelmingly won democratic popular elections and was deliberately prevented from taking power by Israel, the West, and a section of the historical Fatah movement that controlled the PA.

This moment was an important historical turning point in Palestinian politics because it unmasked the game being played under Oslo.

Before 2006 — even with skepticism around Oslo — one could still argue that the Western donor community supported institutions of self-representation for Palestinians. But when these actors refused to engage with the winners after the election and, moreover, deliberately sought to undermine them, it became clear that the Oslo process and the PA only had one function: to be the administration of a delimited autonomy scenario, with Israel and the donors deciding who was a legitimate actor, all while Israeli settler colonialism was given a free pass.

This blunt clarification initiated the contemporary historical era. Hamas became the default representative and defender of the legitimate democratic consensus in Palestinian politics. But it had to undertake this responsibility in a completely unforgiving environment that pitched it against Israel, the donor states, and a wing of Fatah under Abu Mazen that had consolidated its interests around the PA and its bureaucracy. There were also plenty of Hamas skeptics amongst the liberal and left intelligentsia, to say nothing of harder core Islamists.

In this regard, Hamas’ victory was as much an affirmation of the movement’s claim to stand firm around core tenets of Palestinian nationalism, as it was a testament to the collapse of Palestinians’ confidence in the former bearers of this consensus — namely, the PLO factions, and Fatah in particular.

The default nature of Hamas’ role is important to bear in mind when we witness contemporary developments. It reminds us that Hamas was historically tasked with rebuilding the Palestinian national movement after Palestinian society gave it a democratic mandate to help rescue it from the disaster of the Oslo process.

But this mandate lacked cohesion around a range of core political, tactical, and strategic questions. So Hamas was tasked with actualizing this mandate into more concrete policies without many of the basic tools of governance because of the boycott enacted against them and the broader lack of freedom to organize across the OPT. This was hardly a fair or free context, to say nothing of the fact that Israel arrested most of its parliamentarians within weeks of its electoral victory. Western donor states and Fatah in Ramallah also zealously denied funds to Hamas, both because they were politically opposed to them, and because they were petrified that Israeli-Zionist lawfare efforts would pursue them for “material support for terrorism.”

With all this said, it’s important to acknowledge after witnessing what we do today — both in Gaza and in the West Bank — that eighteen years after its electoral victory, Hamas has been successful in reconstituting this center. This success is not merely a result of Palestinians rallying in response to the horrific situation in Gaza. If anything, October 7 is the dramatic pinnacle of Hamas claiming its leadership mantle over the entire movement, although we must admit that it has used a risky strategy to do so that relied upon the sonic boom of its October 7 operation.

While many actors failed to see this coming, this process did not occur overnight and left many indications to those willing to read the tea leaves without bias. Indeed, there has long been an echo chamber in certain circles of Palestinian discourse, particularly the English-language discourse, which ignored or downplayed Hamas’ achievements and the overall dynamics in Gaza — either because these actors resented Hamas’ rise, were detached from the factors behind it, or were content with promoting a superficial, self-reinforcing discourse on Palestinian affairs.

Well before October 7, Hamas was consistently winning the main elections that took place in Palestinian society, whether the student elections in Palestinian universities, or the elections for certain large syndicates like those of the engineers and doctors and so on. These results indicate that, rather than being a one-off winner, the movement was able to accumulate and expand trust beyond its base and amongst a periphery of folks who are willing to travel with the movement without being directly affiliated with it.

There are many reasons for Hamas’ ability to consistently win and expand public trust over the years. This process was not linear, and the movement is still regarded in certain circles with skepticism. While the movement has clearly made both mistakes and enemies, it is equally worth recalling that these blunders were also judged in relation to the actions, inactions, and mistakes of other actors in the Palestinian context. They also are judged across a broader historical arc whereby the ‘Palestine question’ has undergone significant political and financial retreats internationally and regionally in the past three decades. Collectively these factors have improved Hamas buoyancy over this period.

While it’s neither the time nor place to fully elaborate on the complex reasons for Hamas’ rise, a few key aspects illustrate how the movement gauged and implemented its historical mission as both a national and a governance actor under the specific conditions it operated. These elements will be important as things play out on the ground locally and with regard to Israel.

To begin with, it is worth noting that the organization did not attempt to implement shari’a law when it came to power and which many outsiders may have assumed was its priority. One of the organization’s first domestic targets was actually local Salafists, who tested its rule and were viciously struck down. This move was an early signal that the movement aimed to chart a pragmatist course rather than a utopian one and wanted to court and reconstitute the political center.

On a national political basis, Hamas did not elaborate any novel positions. If anything, the movement moderated its political approach, changing its founding charter in 2017 to more closely align with the positions of other PLO factions that enabled a more staged approach to liberation. No serious political party could survive or maintain their legitimacy if it did not hold certain core Palestinian national principles: the right of return, the right to self-determination, the right to statehood, the end of the occupation, Jerusalem’s status as the capital of the Palestinian state, and so on. The difference between factions is less about these goals and more about the tactical and strategic means to achieve them and the people’s trust in those strategies. Hamas distinguished itself from the other factions at this level, that is, at the level of means and strategy.

Under Oslo, Fatah-PA governance, and the donor-Israel arrangement overall, Palestinians were constantly bullied into demonstrating that they were “pro-peace,” “anti-terror,” and weren’t “inciting” against Israel irrespective of what it did to them — as though the articulation of basic national rights and resistance to occupation and settler colonialism were crimes or constituted incitement.

Fatah participated in this game to demonstrate its credentials to the international community, and to the US and Western Europe in particular. Fatah attempted to represent itself as a reliable player regionally and as a security partner that would not threaten Israel in its pre-1967 borders. Palestinians resented this cynical approach, even if they understood it was partly tactical on Fatah’s behalf. The prioritization of Israeli and Western security concerns, and the acceptance of the entire dystopian discourse of the peace process, was read by Palestinian society as an abuse of both language and rights that imposed obligations on the oppressed to recognize and protect their oppressor. It also was read as insulting the formidable historical sacrifices of the national movement. So Hamas won points for being clear and unequivocal on these questions.

But this political approach would have not been enough to cement Hamas’ leadership were it not linked with a sensitivity to political economic considerations — that is, to the livelihoods of those under siege and occupation.

Under the arrangement established by Oslo, the most elementary aspects of Palestinian governance and wellbeing were captive to Israeli and Western approval and finance. It’s not that Fatah had fallen in love with Israel — to the contrary, deep animosity and distrust characterizes relations between Israel and the PLO/Fatah. Too many outsiders who support the Palestinian cause often misunderstand this issue. With that said, Fatah’s Oslo gambit relied on donor funds for its government services and employees, so all of these programs needed Israeli or Western approval.

This reality created conditions where entities and persons who downplayed national politics were more likely to economically prosper. At the end of the day, Israel made all Palestinians subject to invasive security/intelligence checks, especially when it came to matters related to movement and access. This basically meant Israel and donors could “make you” or “break you.” Over time, this dynamic was thought to have corrupted large parts of the Palestinian movement and turned it into beggars or hucksters, while creating a whole tier of political profiteering from the cause by those who played the Oslo game — be they within government, political parties, the private sector, or NGOs.

With this said, Israel could also be pernicious in its use of collective punishment against entire families, villages, or communities. So even if you were apolitical in such a community or family and kept your head down, so to speak, this still did not insulate you from conditions that could ruin your life, simply through association. This also promoted a “nod” towards Hamas.

Financially, Hamas was also not beholden to Oslo’s discursive peace process simulacra. It relied on separate financial revenue streams (both external and internal) while also advocating a general ethos of Palestinian agency and self-reliance, irrespective of what Israel or donors did—breaking the dependent, shoulder-shrugging mentality that the political economy of Oslo promoted amongst wide sections of Palestinian society. This enabled the organization to pitch itself as a moral and institutional movement “aligner” while acting as a consensus builder among the disaffected. On this path, Hamas took important positions to help build trust on different levels of society, as well as within the existing political society.

In Gaza in particular, where the movement was relatively free to operate within the prison walls — ironically freer than Fatah in the West Bank, which suffered from the territory’s fragmentation — Hamas was credited with bringing a sense of security and order after the chaos that emerged with the decline and splintering of Fatah after the death of Arafat in 2004.

Situations of siege and crisis like those in Gaza have the potential to bring out the ugly side of a society, as they incentivize predation, opportunism, exploitation, and gangsterism. In such contexts there is no recourse except for coercive force. Such force needs to be seen as legitimate in order to exercise governance over time. In this regard, Hamas’ military and civilian police capacity introduced forms of rational administration and regulation, in addition to conflict management and resolution frameworks that mixed shari’a and tribal law precepts in dispute resolution. While this kind of rule can also be critiqued for reinforcing traditional social and gender hierarchies, it was welcomed by much of Gazan society as a bulwark against gangsterism.

Hamas also had deep experience in the charity sector, including running soup kitchens, day care centers, and social mentoring. It also innovated new programs that attempted to resolve siege-specific malaises. Hamas proved itself capable of stabilizing the markets when it established its “ministry of tunnels” to oversee tunnel trade across the Egypt-Rafah border. These tunnels also acted as lifelines for Gaza when the siege was ratcheted up in 2008. The disastrous economic conditions in Gaza under siege made simple life-transitions, like marriage, exceptionally difficult for many youths, particularly junior males in large families. There were also many families who had either lost fathers and husbands, or else suffered physical disability due to the Occupation. Hamas worked to solve these social questions in different ways. For example, it organized and subsidized group marriages. It also developed pension programs for the injured and the families of martyrs and became a major employer in the Strip, in both its civil administration and its military wing. The over five hundred kilometers of tunnels beneath Gaza were built by an enormous labor force of young men, of whom there was no shortage. Playing these important economic roles allowed Hamas to build trust locally in Gaza while also fostering patronage.

On the level of national politics, Hamas also attempted to forge forms of national consensus that effectively collected and aggregated anti-Oslo sentiments, both individually and institutionally.

For instance, the organization’s engagement in national reconciliation efforts with Fatah was broadly appreciated, particularly when it resulted in important cross-factional consensus-building documents like the Prisoners’ Document of 2006. The latter included influential Fatah figures like Marwan Barghouti and essentially meant that Hamas was able to forge a national basis of organizing with all factions, while strategically isolating the Abu Mazen wing of Fatah as the only significant element of organized Palestinian political society that still upheld the Oslo framework.

Hamas also allowed for and encouraged its members to participate in the Great March of Return and the Breaking the Siege movement in Gaza, in which, over the course of a year and a half, tens of thousands of Gazans marched to the fence and demanded an end to the siege and for the right of return. Israel’s brutal repression of this fundamentally nonviolent movement through incessant sniper fire, together with the indifference of the international donor community, played important roles in preparing Gazan society for a broader military confrontation with Israel. Social and political actors concluded that civil disobedience and nonviolent resistance was categorically ineffective in achieving Palestinian rights. The takeaway from these demonstrations was that these actions did not generate significant political traction, and that there was no reliable regional or international force with either the will or the capacity to stop the mass maiming of Gazan society.

This began tipping sympathy and conviction towards militarism, bearing in mind that all Palestinian factions (including Fatah) formally reserved armed struggle as a legitimate option in national struggle activity. As the conviction for armed struggle strengthened, Hamas took the important but little-known step of helping arm and train all the political factions in Gaza. It also created joint command centers where collective military activity could be coordinated. Such cooperation would be unheard of from Fatah today, though the PLO trained various revolutionary movements from South Africa to Ireland during the 1960s and 1970s in Lebanon and Jordan.

Hamas also made open alliances with actors like Iran and Hezbollah, who were willing to support the movement on its terms through the provision of arms and training. While such alliances are not beyond criticism, they were nonetheless widely supported by local political factions who saw no credible alternative strategy. Moreover, they also witnessed the role guerrilla struggle in Gaza played in pushing out the Israeli military and settlers during the Second Intifada in 2005 and in South Lebanon in 2000. The memory of these campaigns certainly reinforced the tendency towards militarism that Hamas embraced on both a national and a factional level.

In this respect, Hamas’ limited reign in Gaza provided the basic primitive conditions where this aspiration could be explored and attempted on a scale it had not since 1948. Militarism also served hierarchical internal power dynamics both between the factions and between society and the factions, while obfuscating or retarding more distinctly political alliance building on the local, regional, and global levels.

Lastly, one of the most important and effective issues Hamas used to expand its base through was the question of political prisoners. It’s difficult for outsiders to appreciate the importance of this issue to the local scene, but Palestinian society is the most imprisoned population per capita in the world. One out of every three Palestinian men has experienced detention or imprisonment, while the Palestinian Prisoner Society estimates that 80 percent of these experiences involve forms of torture, abuse, or sexual abuse. This far-reaching phenomenon — largely invisible to those who have not suffered it — encompasses almost every Palestinian household, and viscerally conjures the pain and traumas of what it means for wives, children, families, and communities overall.

Moreover, the question of imprisonment separates the authentic Palestinian political leadership from those who formally occupy the seats of power sanctioned by Israel and Western donors together with other elites. A large part of the Palestinian leadership is currently in Israeli prison. Their absence has a tangible impact on the effectiveness of the movement overall — not only in its struggle with the Occupation, but also regarding local matters. Thus, recovering prisoners is regarded by Palestinian society as a highly important cross-factional objective. Moreover, history has shown that Israel is vulnerable to releases in the form of prisoner exchanges.

For these reasons, Hamas exerted great efforts to place the recovery of prisoners at the center of its resistance activity and set it as one of the central goals of Operation Al Aqsa Flood. In fact, in several speeches made before October 7, Hamas’ leader Yahya Sinwar warned Israel that the organization would find new means to release its brethren if Israel continued to refuse to engage in a prisoner exchange for Israeli soldiers Hamas claimed to have held since the 2014 assault. These warnings, like others, were not heeded. In any event, Hamas knew the cross-factional and cross-societal nature of the prisoner issue also created a strong unifying political basis for its military maneuver irrespective of how Israel would respond.

Having said all of this, the calculus of interpreting ongoing developments becomes more complicated than a cost-benefit calculation of the number of Palestinians killed and buildings destroyed. The dynamics unleashed on both the Israeli and Palestinian sides by the events of October 7 certainly represent a high-stakes gambit that could fundamentally break core features of the previous dynamic. While the outcome of this struggle is still undetermined and could be catastrophic or propitious for either side’s long term aims, the dynamics at play have already greatly expanded knowledge of the situation in Palestine while challenging the terms of debate regarding its management by the West. It has also unmasked significant parts of the hard and soft power networks implicated in Palestine’s oppression.

While these have certainly come at an enormous toll, it still beggars the need for these sacrifices to be invested to their fullest: the isolation and powerlessness of the Palestinian question and the Gazan predicament of recent years, which lent itself toward the calculus of what happened on October 7, must now be vested with efforts to reify institutions, frameworks and struggle dynamics that can finally expose, restrain and hold accountable the racist and violent system that made this possible both in Israel and within the Western donor states.

In this regard, while it is always necessary to remain critical and independent in thought, this cannot hold back action upon the unfolding historical conjuncture and its window for building a massive new political movement for Palestinian justice. Indeed, such a movement is the only realistic path toward achieving Palestinian rights and preventing a still bloodier future in Palestine. The latter will also have important knock-on implications for building the new social and political movements in Western metropoles needed to fight the rise of the populist, fascistic right in the wake of the collapse of neoliberalism and resultant Western decline. These forces cannot be ignored, as they are positioned to do enormous harm to the historical achievements of working-class struggles, let alone to the Palestinian people and others like them. There is an organic connection between these struggles and the Palestinian cause today that also goes to the heart of the fight for a more just and sustainable world in this moment characterized by morbid symptoms, as Gramsci put it in another context.

Shireen Akram-Boshar is a writer, translator, and editor interested in internationalism and revolutionary movements around the world. Shireen is on the editorial board of Spectre and a member of the Tempest collective. Among other topics, she has written on revolutions in the Middle East.