In one of the most horrendous blows to press freedom since the anti-communist witch hunts of the 1950s, the U.S. Department of Justice has forced the news broadcaster RT America to file under the Foreign Agents Registration Act (FARA).
The assault on RT America, on which I host the show “On Contact,” has nothing to do with the dissemination of Russian propaganda. It is driven by RT America’s decision to provide a platform to critics of American capitalism and imperialism, critics who lambast a system of government that can no longer be called democratic. And it is accompanied by the installation of algorithms by Google, Facebook and Twitter that divert readers away from left-wing, progressive and anti-war websites, including Truthdig. The World Socialist Web Site has seen its search traffic from Google fall by 74 percent since April. Google, in a further blow, this month removed RT from its list of “preferred” channels on YouTube. Twitter has blocked all advertising by the channel.
Put the censorship campaigns together and the message is clear: Left-wing critics, already marginalized by the state, must be silenced.
It would seem, given how we are locked out of the corporate media and public broadcasting, that the assault is overkill. But the ideology that sustains the corporate state, the “free market” and neoliberalism has lost all credibility. The corporate state has no counterargument to its critics. The nakedness of corporate greed, exploitation and repression is transparent across the political spectrum. The ideological fortress erected by corporate power and sustained by its courtiers in the press and academia has collapsed. All it has left is a crude censorship.
Complicit in this censorship is a bankrupt liberal class. The institutions tasked with defending press freedom—including the ACLU, Human Rights Watch, the Committee to Protect Journalists and PEN—along with major news outlets such as The New York Times, have served as the corporate state’s useful idiots. Only a handful of journalists, including Truthdig Editor in Chief Robert Scheer, grasp and decry the very real danger before us.
The charge that RT and these left-wing sites disseminate “foreign propaganda” is the beginning, not the end, of a broad campaign against press freedom. Once this precedent of state censorship is normalized, far more tepid and compliant media outlets will be targeted. Max Blumenthal wrote two good pieces on AlterNet about the puppet masters behind the censorship campaign. [Click here and here.]
The venom of the state toward its critics was displayed in a report by the Director of National Intelligence (DNI), “Assessing Russian Activities and Intentions in Recent U.S. Elections,” issued Jan. 6. In the report, seven pages were specifically directed at RT America, much of the language focused on the journalist Abby Martin. Martin became one of the best-known critics of the corporate state during the Occupy movement. Her show on RT, “Breaking the Set,” which had been off the air for nearly two years when the report was published—a glaring error for an intelligence community awash in budgets of tens of billions of dollars—was denounced as a disseminator of “radical discontent.” The report complained that RT gave airtime to third-party candidate debates. The document attacked RT hosts for asserting that the two-party system does not represent the views of at least one-third of the population and is a sham. It excoriated the network for covering Black Lives Matter, Occupy Wall Street and fracking.
The report charged:
RT’s reports often characterize the United States as a “surveillance state” and allege widespread infringements of civil liberties, police brutality, and drone use.
RT has also focused on criticism of the US economic system, US currency policy, alleged Wall Street greed, and the US national debt. Some of RT’s hosts have compared the United States to Imperial Rome and have predicted that government corruption and “corporate greed” will lead to US financial collapse.
The “Alice in Wonderland” quality of the report would be laughable if it was not so ominous. The United States, in fact, is a surveillance state. Civil liberties have been eviscerated. Police brutality is endemic. Our drone wars have made us state terrorists. The economic structure serves the wealthiest corporations and oligarchs. Wall Street is run by a criminal class. Our debt is unsustainable, especially once the dollar is no longer the world’s reserve currency, and like all decaying empires we are headed for collapse. The DNI report clarifies what the ruling elites fear—not fake news but the truth. And the truth is that the elites have destroyed the country and are traitors to democracy.
The DNI report was followed by a congressional hearing on “Extremist Content and Russian Disinformation Online,” held Oct. 31. Executives of Facebook, Twitter and Google were grilled about their roles in distributing fake news and extremist content that in the words of Republican Sen. Chuck Grassley included “spread[ing] stories about abuse of black Americans by law enforcement.” The executives promised to double down on their censorship, and they did so.
The ruling elites are desperately trying to shift the focus away from the cause of the political insurgencies on the left and the right: extreme social inequality. It is for this reason that critics who highlight and explore the roots and causes of social inequality must be discredited or silenced. If social inequality is accepted as the driving force behind the decay of the American state and the mounting rage of much of the population, then the structures that profit from this inequality will come under assault. All the elites have left is to paint their critics as “agents of a foreign power.”
The United States increasingly resembles a totalitarian state. Our anemic democracy is on life support. A reasoned debate about social inequality or the crimes and misjudgments of empire is becoming impossible. This presages a frightening future. There will be many “good” Americans who, when the history of this moment is recorded, will be responsible. And one day, to their surprise, they too will be victims.
In theory, Americans should be proud of their national capital and all the important work that gets done there. In theory.
In reality, our nation’s capital is an utter cesspool of self-serving, unethical and unaccountable parasites. We all know it and, even worse, it’s probably a hundred times more grotesque than we can imagine. A distressingly high number of people attracted to this swamp don’t go there to do good public work or help the American people. They go in order to enrich themselves at our expense.
A particularly degenerate strain of D.C. cretin is the lobbyist. These people swarm into Washington to influence the purse-strings of the U.S. government and funnel as much American treasure as possible in the direction of their clients, including Wall Street oligarchs, defense contractors and barbaric foreign monarchies like Saudi Arabia. We’re told that Washington D.C. exists specifically to protect and benefit the American public, yet the average citizen is the one constituency which has virtually no actual representation there. Helping the vulnerable doesn’t pay very well.
Over the past couple of days, I’ve be reading political stories describing the “beltway buzz” in the aftermath of the Paul Manafort and Rick Gates indictments. I’ve found these articles quite instructive. The common theme is that hordes of the shady crooks who operate in D.C., and add absolutely zero value to society, are panicking that their gravy train of legalized corruption may be coming to an end.
To see what I mean, let’s examine two recently published articles. First from Politico:
Washington lobbyists who represent foreign powers have taken comfort for decades in the fact that the Justice Department rarely goes after them for potentially breaking the law. That all changed on Monday.
The two-tier justice system works quite nicely for D.C. crooks.
The news of Tony Podesta’s resignation from his namesake firm and indictment of Paul Manafort and Rick Gates sent K Street scrambling, as lobbyists rushed to make sure they’re in compliance with the rules. The developments also renewed calls for Congress to pass legislation beefing up the Justice Department’s enforcement of the law, which lawmakers in both parties have derided for lacking teeth.
“Firms are going to be even more careful than they have been in the past in the foreign lobbying arena,” said Trent Lott, the former Senate majority leader who’s now a lobbyist at Squire Patton Boggs, where his foreign clients have included Saudi Arabia and Turkey.
Prosecutions of violations of the Foreign Agents Registration Act — which requires lobbyists who represent foreign governments, political parties and other groups seeking to influence American foreign policy to register with the Justice Department — are rare. And it’s not clear whether the Justice Department will follow special counsel Robert Mueller’s lead and start cracking down on foreign lobbying violations.
The DOJ unit dedicated to enforcing FARA is small, and has focused in the past on prodding lobbyists to comply with the law voluntarily, rather than going after them by pressing criminal charges. Mueller’s willingness to indict Manafort and Gates instead of just hounding them to file has struck fear into lobbyists that they could be next.
If you’re a D.C. power player, you get asked politely to follow the law. Must be nice.
“It used to be [that the Justice Department would work with you to become compliant,” said another foreign lobbyist, who also spoke on condition of anonymity. “Now there’s a fear that they’ll just prosecute you.”
Oh, the horror. They might “just prosecute you” like a common peasant.
But the bar for criminal prosecution is high. Under the law, prosecutors can go after lobbyists only for willful violation of the law — a tough standard to prove.
“Policy makers are here to serve the interests of the American people, so we need to know when someone is pushing the priorities of a foreign interest,” Grassley said in a statement. “Unfortunately, we’ve seen time and again how lobbyists of foreign principals skirt existing disclosure laws to conceal their clients’ identities and agendas.”
But Lott said he wouldn’t hold his breath waiting for Congress to pass the legislation, especially with President Donald Trump still pushing to move a tax reform bill by the end of the year.
“There’s not much of anything happening right now in Congress, to be perfectly frank,” Lott said.
Of course not. Criminals run the place and they’re not going to prosecute themselves.
Now let’s turn to a few nuggets from a similarly themed BuzzFeed piece:
WASHINGTON – The threat of serving hard time for failing to disclose foreign lobbying work is rattling Washington’s multi-billion dollar influence industry following Monday’s 12-count indictment against Donald Trump’s former campaign chairman Paul Manafort and his deputy, Rick Gates.
And although the charges have largely been seen as a blow to the White House, Monday’s actions by special prosecutor Robert Mueller also sent shivers down the spines of Washington’s lobbyists, both Democrats and Repulicans.
“It’s a swampy place, and the swampy stink knows no partisan allegiance,” said one senior Democratic congressional aide.
A September 2016 report by the Justice Department’s inspector general identified a series of problems with how DOJ had handled FARA cases in the past. There was disagreement within the department about what types of cases should be prosecuted, the inspector general’s office found, and the FBI felt DOJ attorneys were slow in reviewing FARA cases and reluctant to sign off on criminal charges. The report also found that the FBI and local federal prosecutors reported feeling frustrated at being overruled by attorneys from the National Security Division about cases that they believed were worth pursuing.
Hold on a minute, what the heck is the “National Security Division” and why is it preventing rank and file FBI agents from prosecuting criminal lobbyists?
So that’s how the law works for D.C. lobbyists. Let’s now examine what happens if you’re a protester who happened to be in the wrong place at the wrong time during Donald’s Trump inauguration.
Late next month, the first mass trial will be held for some of the roughly 200 people facing years—or even decades—in prison after being arrested during an anti-capitalist, anti-fascist protest that took place on the day of Donald Trump’s inauguration. The “J20” cases, as they are known, offer a glimpse at the treatment of dissent in this country, and the story they tell is one of overreach and criminalization. Defense lawyers have described the government’s approach as “unprecedented,” its indictments as “littered with fatal irremediable defects.” Sam Menefee-Libey of the DC Legal Posse, a group of activists who provide support to the defendants, was more blunt, criticizing the cases as “blatant political prosecutions” designed to “chill resistance.”
The story of the J20 protesters should frighten anyone concerned about the future of both free assembly and dissent in the United States. The charges—which include felony rioting, inciting or urging others to riot, conspiracy to riot, and property destruction—all stem from the same mass arrest, during which police indiscriminately swept up protesters, journalists, and legal observers. What makes the charges all the more troubling is that prosecutors then failed to allege that the bulk of defendants did anything specifically unlawful; rather, merely being at the protest was a crime.
A case in point: The prosecution charged all of the defendants (at one point numbering 214) with breaking the same windows. Prosecutors, of course, know that 200 people cannot break the same windows. But the logic of the case dictates that the defendants’ mere presence at a protest during which property damage occurred makes them guilty…
Few people dispute that property destruction took place during the march. Some individuals smashed windows, including those of a Bank of America branch and a limousine; prosecutors allege that there was more than $100,000 in property damage and that six police officers received minor injuries. Where things get thorny is that many of the people who have been charged did not commit property damage or violence but have been deemed guilty by their mere presence at the protest.
The problems began during the arrests themselves—arrests deemed so troubling that the ACLU has brought a lawsuit against the Metropolitan Police Department (MPD) accusing its members of using excessive force, making unconstitutional arrests, and more.
Among the controversial practices police engaged in that day, lawyers and observers say, was a tactic called “kettling.” Kettling is a form of indiscriminate mass arrest, wherein police block off a given area and arrest everyone within it. To be lawful, an arrest requires probable cause based on individual suspicion. Yet, inevitably, this heavy-handed tactic often sweeps up other protesters and bystanders whose only offense was their physical proximity to the alleged crime. Indeed, a report on the inauguration by the DC Office of Police Complaints noted that “it seems that proximity to the area where property damage occurred was a primary factor” in the arrests.
The mass arrests gave birth to the next government overreach, mass “felony riot” charges against those arrested. Felony rioting carries a penalty of up to 10 years in prison and a $25,000 fine, and applies when the alleged riot results in more than $5,000 in property damage. This is opposed to misdemeanor rioting, which can get you only 180 days in jail.
Attorneys who have long represented protesters in DC report never having encountered mass felony charges stemming from a protest before. Not the least of the reasons is that it’s difficult to produce enough evidence to sustain felony charges against dozens—or in this case, some 200—people. Yet, rather than backing down, prosecutors expanded the case by filing additional charges, and, in April, a grand jury returned a superseding indictment that added inciting or urging to riot and conspiracy to riot to the list of crimes. These new charges brought the number of felony counts up from one to eight and the amount of time defendants could face from 10 years to more than 70 years in prison.
The government’s overarching theory, then, seems to be one of guilt by association. Or that, as Assistant US Attorney Jennifer Kerkhoff asserted during a hearing about dismissing the charges, it is “the group that is the danger, the group that is criminal.” Thus one need not have committed an act of vandalism as an individual; just being present at the protest makes one guilty. (The DoJ declined to comment for this story, as the cases are currently pending.)
Among those swept up in this overbroad approach was a group of at least seven journalists who were covering the J20 protests. While prosecutors ultimately dismissed the felony rioting charges against the bulk of the journalists nearly as quickly as they were filed, two journalists remain in the crosshairs: Aaron Cantú, then a freelancer who has published with The Nation and The Intercept, and Alexei Wood, who livestreamed the event. In April a grand jury brought a superseding indictment of eight felony charges against both reporters along with the other defendants. They face as many as 70 years in prison, possibly more.
The indictment against Cantú deploys the same guilt-by-association approach that mars the entire case. Per prosecutors, Cantú moved in proximity to the march—something that would be necessary in order for him to do his job as a journalist. But prosecutors have additional evidence against Cantú: He wore the color black.
After the Crash 