The New American Order

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1% Elections, The Privatization of the State, a Fourth Branch of Government, and the Demobilization of “We the People” 

By Tom Engelhardt

Source: TomDispatch.com

Have you ever undertaken some task you felt less than qualified for, but knew that someone needed to do? Consider this piece my version of that, and let me put what I do understand about it in a nutshell: based on developments in our post-9/11 world, we could be watching the birth of a new American political system and way of governing for which, as yet, we have no name.

And here’s what I find strange: the evidence of this, however inchoate, is all around us and yet it’s as if we can’t bear to take it in or make sense of it or even say that it might be so.

Let me make my case, however minimally, based on five areas in which at least the faint outlines of that new system seem to be emerging: political campaigns and elections; the privatization of Washington through the marriage of the corporation and the state; the de-legitimization of our traditional system of governance; the empowerment of the national security state as an untouchable fourth branch of government; and the demobilization of “we the people.”

Whatever this may add up to, it seems to be based, at least in part, on the increasing concentration of wealth and power in a new plutocratic class and in that ever-expanding national security state. Certainly, something out of the ordinary is underway, and yet its birth pangs, while widely reported, are generally categorized as aspects of an exceedingly familiar American system somewhat in disarray.

1. 1% Elections

Check out the news about the 2016 presidential election and you’ll quickly feel a sense of been-there, done-that. As a start, the two names most associated with it, Bush and Clinton, couldn’t be more familiar, highlighting as they do the curiously dynastic quality of recent presidential contests.  (If a Bush or Clinton should win in 2016 and again in 2020, a member of one of those families will have controlled the presidency for 28 of the last 36 years.)

Take, for instance, “Why 2016 Is Likely to Become a Close Race,” a recent piece Nate Cohn wrote for my hometown paper.  A noted election statistician, Cohn points out that, despite Hillary Clinton’s historically staggering lead in Democratic primary polls (and lack of serious challengers), she could lose the general election.  He bases this on what we know about her polling popularity from the Monica Lewinsky moment of the 1990s to the present.  Cohn assures readers that Hillary will not “be a Democratic Eisenhower, a popular, senior statesperson who cruises to an easy victory.”  It’s the sort of comparison that offers a certain implicit reassurance about the near future.  (No, Virginia, we haven’t left the world of politics in which former general and president Dwight D. Eisenhower can still be a touchstone.)

Cohn may be right when it comes to Hillary’s electability, but this is not Dwight D. Eisenhower’s or even Al Gore’s America. If you want a measure of that, consider this year’s primaries. I mean, of course, the 2015 ones. Once upon a time, the campaign season started with candidates flocking to Iowa and New Hampshire early in the election year to establish their bona fides among party voters. These days, however, those are already late primaries.

The early primaries, the ones that count, take place among a small group of millionaires and billionaires, a new caste flush with cash who will personally, or through complex networks of funders, pour multi-millions of dollars into the campaigns of candidates of their choice.  So the early primaries — this year mainly a Republican affair — are taking place in resort spots like Las Vegas, Rancho Mirage, California, and Sea Island, Georgia, as has been widely reported. These “contests” involve groveling politicians appearing at the beck and call of the rich and powerful, and so reflect our new 1% electoral system. (The main pro-Hillary super PAC, for instance, is aiming for a kitty of $500 million heading into 2016, while the Koch brothers network has already promised to drop almost $1 billion into the coming campaign season, doubling their efforts in the last presidential election year.)

Ever since the Supreme Court opened up the ultimate floodgates with its 2010 Citizens United decision, each subsequent election has seen record-breaking amounts of money donated and spent. The 2012 presidential campaign was the first $2 billion election; campaign 2016 is expected to hit the $5 billion mark without breaking a sweat.  By comparison, according to Burton Abrams and Russell Settle in their study, “The Effect of Broadcasting on Political Campaign Spending,” Republicans and Democrats spent just under $13 million combined in 1956 when Eisenhower won his second term.

In the meantime, it’s still true that the 2016 primaries will involve actual voters, as will the election that follows. The previous election season, the midterms of 2014, cost almost $4 billion, a record despite the number of small donors continuing to drop. It also represented the lowest midterm voter turnout since World War II. (See: demobilization of the public, below — and add in the demobilization of the Democrats as a real party, the breaking of organized labor, the fragmenting of the Republican Party, and the return of voter suppression laws visibly meant to limit the franchise.) It hardly matters just what the flood of new money does in such elections, when you can feel the weight of inequality bearing down on the whole process in a way that is pushing us somewhere new.

2. The Privatization of the State (or the U.S. as a Prospective Third-World Nation)

In the recent coverage of the Hillary Clinton email flap, you can find endless references to the Clintons of yore in wink-wink, you-know-how-they-are-style reporting; and yes, she did delete a lot of emails; and yes, it’s an election year coming and, as everyone points out, the Republicans are going to do their best to keep the email issue alive until hell freezes over, etc., etc.  Again, the coverage, while eyeball gluing, is in a you’ve-seen-it-all-before, you’ll-see-it-all-again-mode.

However, you haven’t seen it all before. The most striking aspect of this little brouhaha lies in what’s most obvious but least highlighted.  An American secretary of state chose to set up her own private, safeguarded email system for doing government work; that is, she chose to privatize her communications.  If this were Cairo, it might not warrant a second thought.  But it didn’t happen in some third-world state.  It was the act of a key official of the planet’s reigning (or thrashing) superpower, which — even if it wasn’t the first time such a thing had ever occurred — should be taken as a tiny symptom of something that couldn’t be larger or, in the long stretch of history, newer: the ongoing privatization of the American state, or at least the national security part of it.

Though the marriage of the state and the corporation has a pre-history, the full-scale arrival of the warrior corporation only occurred after 9/11.  Someday, that will undoubtedly be seen as a seminal moment in the formation of whatever may be coming in this country.  Only 13 years later, there is no part of the war state that has not experienced major forms of privatization.  The U.S. military could no longer go to war without its crony corporations doing KP and guard duty, delivering the mail, building the bases, and being involved in just about all of its activities, including training the militaries of foreign allies and even fighting.  Such warrior corporations are now involved in every aspect of the national security state, including torture, drone strikes, and — to the tune of hundreds of thousands of contract employees like Edward Snowden — intelligence gathering and spying.  You name it and, in these years, it’s been at least partly privatized.

All you have to do is read reporter James Risen’s recent book, Pay Any Price, on how the global war on terror was fought in Washington, and you know that privatization has brought something else with it: corruption, scams, and the gaming of the system for profits of a sort that might normally be associated with a typical third-world kleptocracy.  And all of this, a new world being born, was reflected in a tiny way in Hillary Clinton’s very personal decision about her emails.

Though it’s a subject I know so much less about, this kind of privatization (and the corruption that goes with it) is undoubtedly underway in the non-war-making, non-security-projecting part of the American state as well.

3. The De-legitimization of Congress and the Presidency

On a third front, American “confidence” in the three classic check-and-balance branches of government, as measured by polling outfits, continues to fall.  In 2014, Americans expressing a “great deal of confidence” in the Supreme Court hit a new low of 23%; in the presidency, it was 11%, and in Congress a bottom-scraping 5%.  (The military, on the other hand, registers at 50%.)  The figures for “hardly any confidence at all” are respectively 20%, 44%, and more than 50%.  All are in or near record-breaking territory for the last four decades.

It seems fair to say that in recent years Congress has been engaged in a process of delegitimizing itself.  Where that body once had the genuine power to declare war, for example, it is now “debating” in a desultory fashion an “authorization” for a war against the Islamic State in Syria, Iraq, and possibly elsewhere that has already been underway for eight months and whose course, it seems, will be essentially unaltered, whether Congress authorizes it or not.

What would President Harry Truman, who once famously ran a presidential campaign against a “do-nothing” Congress, have to say about a body that truly can do just about nothing?  Or rather, to give the Republican war hawks in that new Congress their due, not quite nothing.  They are proving capable of acting effectively to delegitimize the presidency as well.  House Majority Leader John Boehner’s invitation to Israeli Prime Minister Benjamin Netanyahu to undercut the president’s Iranian nuclear negotiations and the letter signed by 47 Republican senators and directed to the Iranian ayatollahs are striking examples of this.  They are visibly meant to tear down an “imperial presidency” that Republicans gloried in not so long ago.

The radical nature of that letter, not as an act of state but of its de-legitimization, was noted even in Iran, where fundamentalist Supreme Leader Ali Khamenei proclaimed it “a sign of a decline in political ethics and the destruction of the American establishment from within.” Here, however, the letter is either being covered as a singularly extreme one-off act (“treason!”) or, as Jon Stewart didon “The Daily Show,” as part of a repetitive tit-for-tat between Democrats and Republicans over who controls foreign policy.  It is, in fact, neither.  It represents part of a growing pattern in which Congress becomes an ever less effective body, except in its willingness to take on and potentially take out the presidency.

In the twenty-first century, all that “small government” Republicans and “big government” Democrats can agree on is offering essentially unconditional support to the military and the national security state.  The Republican Party — its various factions increasingly at each other’s throats almost as often as at those of the Democrats — seems reasonably united solely on issues of war-making and security.  As for the Democrats, an unpopular administration, facing constant attack by those who loath President Obama, has kept its footing in part by allying with and fusing with the national security state.  A president who came into office rejecting torture and promoting sunshine and transparency in government has, in the course of six-plus years, come to identify himself almost totally with the U.S. military, the CIA, the NSA, and the like.  While it has launched an unprecedented campaign against whistleblowers and leakers (as well as sunshine and transparency), the Obama White House has proved a powerful enabler of, but also remarkably dependent upon, that state-within-a-state, a strange fate for “the imperial presidency.”

4. The Rise of the National Security State as the Fourth Branch of Government

One “branch” of government is, however, visibly on the rise and rapidly gaining independence from just about any kind of oversight.  Its ability to enact its wishes with almost no opposition in Washington is a striking feature of our moment.  But while the symptoms of this process are regularly reported, the overall phenomenon — the creation of a de facto fourth branch of government — gets remarkably little attention.  In the war on terror era, the national security state has come into its own.  Its growth has been phenomenal.  Though it’s seldom pointed out, it should be considered remarkable that in this period we gained a second full-scale “defense department,” the Department of Homeland Security, and that it and the Pentagon have become even more entrenched, each surrounded by its own growing “complex” of private corporations, lobbyists, and allied politicians.  The militarization of the country has, in these years, proceeded apace.

Meanwhile, the duplication to be found in the U.S. Intelligence Community with its 17 major agencies and outfits is staggering.  Its growing ability to surveil and spy on a global scale, including on its own citizens, puts the totalitarian states of the twentieth century to shame.  That the various parts of the national security state can act in just about any fashion without fear of accountability in a court of law is by now too obvious to belabor.  As wealth has traveled upwards in American society in ways not seen since the first Gilded Age, so taxpayer dollars have migrated into the national security state in an almost plutocratic fashion.

New reports regularly surface about the further activities of parts of that state.  In recent weeks, for instance, we learned from Jeremy Scahill and Josh Begley of the Intercept that the CIA has spent years trying to break the encryption on Apple iPhones and iPads; it has, that is, been aggressively seeking to attack an all-American corporation (even if significant parts of its production process are actually in China).  Meanwhile, Devlin Barrett of the Wall Street Journal reported that the CIA, an agency barred from domestic spying operations of any sort, has been helping the U.S. Marshals Service (part of the Justice Department) create an airborne digital dragnet on American cell phones.  Planes flying out of five U.S. cities carry a form of technology that “mimics a cellphone tower.” This technology, developed and tested in distant American war zones and now brought to “the homeland,” is just part of the ongoing militarization of the country from its borders to its police forces.  And there’s hardly been a week since Edward Snowden first released crucial NSA documents in June 2013 when such “advances” haven’t been in the news.

News also regularly bubbles up about the further expansion, reorganization, and upgrading of parts of the intelligence world, the sorts of reports that have become the barely noticed background hum of our lives.  Recently, for instance, Director John Brennan announced a major reorganization of the CIA meant to break down the classic separation between spies and analysts at the Agency, while creating a new Directorate of Digital Innovation responsible for, among other things, cyberwarfare and cyberespionage.  At about the same time, according to the New York Times, the Center for Strategic Counterterrorism Communications, an obscure State Department agency, was given a new and expansive role in coordinating “all the existing attempts at countermessaging [against online propaganda by terror outfits like the Islamic State] by much larger federal departments, including the Pentagon, Homeland Security and intelligence agencies.”

This sort of thing is par for the course in an era in which the national security state has only grown stronger, endlessly elaborating, duplicating, and overlapping the various parts of its increasingly labyrinthine structure.  And keep in mind that, in a structure that has fought hard to keep what it’s doing cloaked in secrecy, there is so much more that we don’t know.  Still, we should know enough to realize that this ongoing process reflects something new in our American world (even if no one cares to notice).

5. The Demobilization of the American People

In The Age of Acquiescence, a new book about America’s two Gilded Ages, Steve Fraser asks why it was that, in the nineteenth century, another period of plutocratic excesses, concentration of wealth and inequality, buying of politicians, and attempts to demobilize the public, Americans took to the streets with such determination and in remarkable numbers over long periods of time to protest their treatment, and stayed there even when the brute power of the state was called out against them.  In our own moment, Fraser wonders, why has the silence of the public in the face of similar developments been so striking?

After all, a grim new American system is arising before our eyes.  Everything we once learned in the civics textbooks of our childhoods about how our government works now seems askew, while the growth of poverty, the flatlining of wages, the rise of the .01%, the collapse of labor, and the militarization of society are all evident.

The process of demobilizing the public certainly began with the military.  It was initially a response to the disruptive and rebellious draftees of the Vietnam-era.  In 1973, at the stroke of a presidential pen, the citizen’s army was declared no more, the raising of new recruits was turned over to advertising agencies (a preview of the privatization of the state to come), and the public was sent home, never again to meddle in military affairs.  Since 2001, that form of demobilization has been etched in stone and transformed into a way of life in the name of the “safety” and “security” of the public.

Since then, “we the people” have made ourselves felt in only three disparate ways: from the left in the Occupy movement, which, with its slogans about the 1% and the 99%, put the issue of growing economic inequality on the map of American consciousness; from the right, in the Tea Party movement, a complex expression of discontent backed and at least partially funded by right-wing operatives and billionaires, and aimed at the de-legitimization of the “nanny state”; and the recent round of post-Ferguson protests spurred at least in part by the militarization of the police in black and brown communities around the country.

The Birth of a New System

Otherwise, a moment of increasing extremity has also been a moment of — to use Fraser’s word — “acquiescence.”  Someday, we’ll assumedly understand far better how this all came to be.  In the meantime, let me be as clear as I can be about something that seems murky indeed: this period doesn’t represent a version, no matter how perverse or extreme, of politics as usual; nor is the 2016 campaign an election as usual; nor are we experiencing Washington as usual.  Put together our 1% elections, the privatization of our government, the de-legitimization of Congress and the presidency, as well as the empowerment of the national security state and the U.S. military, and add in the demobilization of the American public (in the name of protecting us from terrorism), and you have something like a new ballgame.

While significant planning has been involved in all of this, there may be no ruling pattern or design.  Much of it may be happening in a purely seat-of-the-pants fashion.  In response, there has been no urge to officially declare that something new is afoot, let alone convene a new constitutional convention.  Still, don’t for a second think that the American political system isn’t being rewritten on the run by interested parties in Congress, our present crop of billionaires, corporate interests, lobbyists, the Pentagon, and the officials of the national security state.

Out of the chaos of this prolonged moment and inside the shell of the old system, a new culture, a new kind of politics, a new kind of governance is being born right before our eyes. Call it what you want. But call it something. Stop pretending it’s not happening.

Tom Engelhardt is a co-founder of the American Empire Project and the author of The United States of Fear as well as a history of the Cold War, The End of Victory Culture. He is a fellow of the Nation Institute and runs TomDispatch.com. His latest book is Shadow Government: Surveillance, Secret Wars, and a Global Security State in a Single-Superpower World(Haymarket Books).

[Note: My special thanks go to my friend John Cobb, who talked me through this one.  Doing it would have been inconceivable without him.  Tom]

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The Eurasian Big Bang

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How China and Russia Are Running Rings Around Washington

By Pepe Escobar

Source: TomDispatch.com

The several hundred Republicans who have thrown their hats into the ring for the 2016 presidential race and the war hawks in Congress (mainly but hardly only Republicans) have already been in full howl about the Vienna nuclear deal with Iran. Jeb Bush took about two seconds to label it “appeasement,” instantly summoning up the image of British Prime Minister Neville Chamberlain giving in to Hitler before World War II; former Arkansas Governor Mike Huckabee spared no metaphor in labeling the agreement “a deal that empowers an evil Iranian regime to carry out its threat to ‘wipe Israel off the map’ and bring ‘death to America’”; Senator Lindsey Graham called it a “possible death sentence for Israel”; this year’s leading billionaire candidate, Donald Trump, summed up his opinion of the deal in one you’re-fired-style word, “ridiculous”; Senator John McCain described Secretary of State John Kerry, who negotiated the deal, as “delusional”; and Senator… I mean, Israeli Prime Minister Benjamin Netanyahu mockingly turned Chamberlain’s infamous “peace in our time” into “peace at any price,” dismissed the deal as a catastrophe filled with “absurdities,” and then appeared on every American media venue imaginable to denounce it.  And that’s just to start down the usual list of suspects. Even Senator Rand Paul swore he would vote against the agreement (though his father called it “to the benefit of world peace”), while Wisconsin Governor Scott Walker was typical of Republican presidential candidates in swearing that he would personally scuttle the deal on his first day in the Oval Office.

This, in short, is the mad version of international policy that makes Washington a claustrophobic echo chamber.  After all, the choice isn’t actually between Iran having no nuclear “breakout” capacity or regaining that capacity 15 years from now (as the present deal seems to offer); the choice is between an agreement for 15 verifiably non-weaponized years and a guarantee of nothing whatsoever.  And if you’ve just checked off that nothing-whatsoever column, the alternative is to somehow crush the Iranians, to force them into submission.  It is, in other words, some version of war.  Two questions on that: How successful has war in the Greater Middle East been as an American policy weapon these last 13 years?  And what makes anyone think that, when even Dick Cheney and crew couldn’t bring themselves to pull the trigger on Iran, Jeb B. or any of the other candidates will be likely to do so in an ISIS-enriched world in 2017?

When you’ve satisfied yourself on those two questions, consider the seldom-discussed larger context within which twenty-first-century nuclear politics has taken place.  In these last years, the Pakistanis, the Indians, the Russians, and the Americans, to name just four nuclear powers, have either been expanding or “modernizing” their nuclear stockpiles in significant ways.  And god knows what the Israelis were doing with their super-secret, never officially acknowledged, but potentially civilization-busting atomic arsenal of 80 or more weapons, while the North Koreans were turning themselves into a nuclear mini-power.  Nonetheless, the focus of nuclear attention and the question of “disarmament” has remained almost exclusively on a country that had no such weapons, has officially disavowed them, and at this point, at least, doesn’t even have a weapons program.  And note that no one who is anyone in Washington considers any of this the least bit strange.

In this context, that irrepressible TomDispatch regular Pepe Escobar offers another kind of lens-widening exercise when it comes to the Iranian deal.  He focuses on a subject that Washington has yet to fully absorb: changing relations in Eurasia.  Few here have noticed, but while the Vienna deal was being negotiated, Russia and China, countries the Pentagon has just officially labeled as “threats,” have been moving mountains (quite literally in some cases) to integrate ever larger parts of that crucial land mass, that “world island,” into a vast economic zone that, if all goes as they wish, will be beyond Washington’s power and control.  This is a remarkable development that, despite the coming two months of sound and fury about Iran, won’t be at the top of any news report, which is why you need a website like TomDispatch to keep up with the times. Tom

The Eurasian Big Bang 
How China and Russia Are Running Rings Around Washington
By Pepe Escobar

Let’s start with the geopolitical Big Bang you know nothing about, the one that occurred just two weeks ago. Here are its results: from now on, any possible future attack on Iran threatened by the Pentagon (in conjunction with NATO) would essentially be an assault on the planning of an interlocking set of organizations — the BRICS nations (Brazil, Russia, India, China, and South Africa), the SCO (Shanghai Cooperation Organization), the EEU (Eurasian Economic Union), the AIIB (the new Chinese-founded Asian Infrastructure Investment Bank), and the NDB (the BRICS’ New Development Bank) — whose acronyms you’re unlikely to recognize either.  Still, they represent an emerging new order in Eurasia.

Tehran, Beijing, Moscow, Islamabad, and New Delhi have been actively establishing interlocking security guarantees. They have been simultaneously calling the Atlanticist bluff when it comes to the endless drumbeat of attention given to the flimsy meme of Iran’s “nuclear weapons program.”  And a few days before the Vienna nuclear negotiations finally culminated in an agreement, all of this came together at a twin BRICS/SCO summit in Ufa, Russia — a place you’ve undoubtedly never heard of and a meeting that got next to no attention in the U.S.  And yet sooner or later, these developments will ensure that the War Party in Washington and assorted neocons (as well as neoliberalcons) already breathing hard over the Iran deal will sweat bullets as their narratives about how the world works crumble.

The Eurasian Silk Road

With the Vienna deal, whose interminable build-up I had the dubious pleasure of following closely, Iranian Foreign Minister Javad Zarif and his diplomatic team have pulled the near-impossible out of an extremely crumpled magician’s hat: an agreement that might actually end sanctions against their country from an asymmetric, largely manufactured conflict.

Think of that meeting in Ufa, the capital of Russia’s Bashkortostan, as a preamble to the long-delayed agreement in Vienna. It caught the new dynamics of the Eurasian continent and signaled the future geopolitical Big Bangness of it all. At Ufa, from July 8th to 10th, the 7th BRICS summit and the 15th Shanghai Cooperation Organization summit overlapped just as a possible Vienna deal was devouring one deadline after another.

Consider it a diplomatic masterstroke of Vladmir Putin’s Russia to have merged those two summits with an informal meeting of the Eurasian Economic Union (EEU). Call it a soft power declaration of war against Washington’s imperial logic, one that would highlight the breadth and depth of an evolving Sino-Russian strategic partnership. Putting all those heads of state attending each of the meetings under one roof, Moscow offered a vision of an emerging, coordinated geopolitical structure anchored in Eurasian integration. Thus, the importance of Iran: no matter what happens post-Vienna, Iran will be a vital hub/node/crossroads in Eurasia for this new structure.

If you read the declaration that came out of the BRICS summit, one detail should strike you: the austerity-ridden European Union (EU) is barely mentioned. And that’s not an oversight. From the point of view of the leaders of key BRICS nations, they are offering a new approach to Eurasia, the very opposite of the language of sanctions.

Here are just a few examples of the dizzying activity that took place at Ufa, all of it ignored by the American mainstream media. In their meetings, President Putin, China’s President Xi Jinping, and Indian Prime Minister Narendra Modi worked in a practical way to advance what is essentially a Chinese vision of a future Eurasia knit together by a series of interlocking “new Silk Roads.” Modi approved more Chinese investment in his country, while Xi and Modi together pledged to work to solve the joint border issues that have dogged their countries and, in at least one case, led to war.

The NDB, the BRICS’ response to the World Bank, was officially launched with $50 billion in start-up capital. Focused on funding major infrastructure projects in the BRICS nations, it is capable of accumulating as much as $400 billion in capital, according to its president, Kundapur Vaman Kamath. Later, it plans to focus on funding such ventures in other developing nations across the Global South — all in their own currencies, which means bypassing the U.S. dollar.  Given its membership, the NDB’s money will clearly be closely linked to the new Silk Roads. As Brazilian Development Bank President Luciano Coutinhostressed, in the near future it may also assist European non-EU member states like Serbia and Macedonia. Think of this as the NDB’s attempt to break a Brussels monopoly on Greater Europe. Kamath even advanced the possibility of someday aidingin the reconstruction of Syria.

You won’t be surprised to learn that both the new Asian Infrastructure Investment Bank and the NDB are headquartered in China and will work to complement each other’s efforts. At the same time, Russia’s foreign investment arm, the Direct Investment Fund (RDIF), signed a memorandum of understanding with funds from other BRICS countries and so launched an informal investment consortium in which China’s Silk Road Fund and India’s Infrastructure Development Finance Company will be key partners.

Full Spectrum Transportation Dominance

On the ground level, this should be thought of as part of the New Great Game in Eurasia. Its flip side is the Trans-Pacific Partnership in the Pacific and the Atlantic version of the same, the Transatlantic Trade and Investment Partnership, both of which Washington is trying to advance to maintain U.S. global economic dominance. The question these conflicting plans raise is how to integrate trade and commerce across that vast region. From the Chinese and Russian perspectives, Eurasia is to be integrated via a complex network of superhighways, high-speed rail lines, ports, airports, pipelines, and fiber optic cables. By land, sea, and air, the resulting New Silk Roads are meant to create an economic version of the Pentagon’s doctrine of “Full Spectrum Dominance” — a vision that already has Chinese corporate executives crisscrossing Eurasia sealing infrastructure deals.

For Beijing — back to a 7% growth rate in the second quarter of 2015 despite a recent near-panic on the country’s stock markets — it makes perfect economic sense: as labor costs rise, production will be relocated from the country’s Eastern seaboard to its cheaper Western reaches, while the natural outlets for the production of just about everything will be those parallel and interlocking “belts” of the new Silk Roads.

Meanwhile, Russia is pushing to modernize and diversify its energy-exploitation-dependent economy. Among other things, its leaders hope that the mix of those developing Silk Roads and the tying together of the Eurasian Economic Union — Russia, Armenia, Belarus, Kazakhstan, and Kyrgyzstan — will translate into myriad transportation and construction projects for which the country’s industrial and engineering know-how will prove crucial.

As the EEU has begun establishing free trade zones with India, Iran, Vietnam, Egypt, and Latin America’s Mercosur bloc (Argentina, Brazil, Paraguay, Uruguay, and Venezuela), the initial stages of this integration process already reach beyond Eurasia. Meanwhile, the SCO, which began as little more than a security forum, is expanding and moving into the field of economic cooperation.  Its countries, especially four Central Asian “stans” (Kazakhstan, Kyrgyzstan, Uzbekistan, and Tajikistan) will rely ever more on the Chinese-driven Asia Infrastructure Investment Bank (AIIB) and the NDB. At Ufa, India and Pakistan finalized an upgrading process in which they have moved from observers to members of the SCO. This makes it an alternative G8.

In the meantime, when it comes to embattled Afghanistan, the BRICS nations and the SCO have now called upon “the armed opposition to disarm, accept the Constitution of Afghanistan, and cut ties with Al-Qaeda, ISIS, and other terrorist organizations.” Translation: within the framework of Afghan national unity, the organization would accept the Taliban as part of a future government. Their hopes, with the integration of the region in mind, would be for a future stable Afghanistan able to absorb more Chinese, Russian, Indian, and Iranian investment, and the construction — finally! — of a long-planned, $10 billion, 1,420-kilometer-long Turkmenistan-Afghanistan-Pakistan-India (TAPI) gas pipeline that would benefit those energy-hungry new SCO members, Pakistan and India. (They would each receive 42% of the gas, the remaining 16% going to Afghanistan.)

Central Asia is, at the moment, geographic ground zero for the convergence of the economic urges of China, Russia, and India. It was no happenstance that, on his way to Ufa, Prime Minister Modi stopped off in Central Asia.  Like the Chinese leadership in Beijing, Moscow looks forward (as a recent document puts it) to the “interpenetration and integration of the EEU and the Silk Road Economic Belt” into a “Greater Eurasia” and a “steady, developing, safe common neighborhood” for both Russia and China.

And don’t forget Iran. In early 2016, once economic sanctions are fully lifted, it is expected to join the SCO, turning it into a G9. As its foreign minister, Javad Zarif, made clear recently to Russia’s Channel 1 television, Tehran considers the two countries strategic partners. “Russia,” he said, “has been the most important participant in Iran’s nuclear program and it will continue under the current agreement to be Iran’s major nuclear partner.” The same will, he added, be true when it comes to “oil and gas cooperation,” given the shared interest of those two energy-rich nations in “maintaining stability in global market prices.”

Got Corridor, Will Travel

Across Eurasia, BRICS nations are moving on integration projects. A developing Bangladesh-China-India-Myanmar economic corridor is a typical example. It is now being reconfigured as a multilane highway between India and China. Meanwhile, Iran and Russia are developing a transportation corridor from the Persian Gulf and the Gulf of Oman to the Caspian Sea and the Volga River. Azerbaijan will be connected to the Caspian part of this corridor, while India is planning to use Iran’s southern ports to improve its access to Russia and Central Asia. Now, add in a maritime corridor that will stretch from the Indian city of Mumbai to the Iranian port of Bandar Abbas and then on to the southern Russian city of Astrakhan. And this just scratches the surface of the planning underway.

Years ago, Vladimir Putin suggested that there could be a “Greater Europe” stretching from Lisbon, Portugal, on the Atlantic to the Russian city of Vladivostok on the Pacific. The EU, under Washington’s thumb, ignored him. Then the Chinese started dreaming about and planning new Silk Roads that would, in reverse Marco Polo fashion, extend from Shanghai to Venice (and then on to Berlin).

Thanks to a set of cross-pollinating political institutions, investment funds, development banks, financial systems, and infrastructure projects that, to date, remain largely under Washington’s radar, a free-trade Eurasian heartland is being born. It will someday link China and Russia to Europe, Southwest Asia, and even Africa. It promises to be an astounding development. Keep your eyes, if you can, on the accumulating facts on the ground, even if they are rarely covered in the American media. They represent the New Great — emphasis on that word — Game in Eurasia.

Location, Location, Location

Tehran is now deeply invested in strengthening its connections to this new Eurasia and the man to watch on this score is Ali Akbar Velayati. He is the head of Iran’s Center for Strategic Research and senior foreign policy adviser to Supreme Leader Ayatollah Khamenei. Velayati stresses that security in Asia, the Middle East, North Africa, Central Asia, and the Caucasus hinges on the further enhancement of a Beijing-Moscow-Tehran triple entente.

As he knows, geo-strategically Iran is all about location, location, location. That country offers the best access to open seas in the region apart from Russia and is the only obvious east-west/north-south crossroads for trade from the Central Asian “stans.” Little wonder then that Iran will soon be an SCO member, even as its “partnership” with Russia is certain to evolve. Its energy resources are already crucial to and considered a matter of national security for China and, in the thinking of that country’s leadership, Iran also fulfills a key role as a hub in those Silk Roads they are planning.

That growing web of literal roads, rail lines, and energy pipelines, asTomDispatch has previously reported, represents Beijing’s response to the Obama administration’s announced “pivot to Asia” and the U.S. Navy’s urge to meddle in the South China Sea. Beijing is choosing to project power via a vast set of infrastructure projects, especially high-speed rail lines that will reach from its eastern seaboard deep into Eurasia. In this fashion, the Chinese-built railway from Urumqi in Xinjiang Province to Almaty in Kazakhstan will undoubtedly someday be extended to Iran and traverse that country on its way to the Persian Gulf.

A New World for Pentagon Planners

At the St. Petersburg International Economic Forum last month, Vladimir Putin told PBS’s Charlie Rose that Moscow and Beijing had always wanted a genuine partnership with the United States, but were spurned by Washington. Hats off, then, to the “leadership” of the Obama administration. Somehow, it has managed to bring together two former geopolitical rivals, while solidifying their pan-Eurasian grand strategy.

Even the recent deal with Iran in Vienna is unlikely — especially given the war hawks in Congress — to truly end Washington’s 36-year-long Great Wall of Mistrust with Iran. Instead, the odds are that Iran, freed from sanctions, will indeed be absorbed into the Sino-Russian project to integrate Eurasia, which leads us to the spectacle of Washington’s warriors, unable to act effectively, yet screaming like banshees.

NATO’s supreme commander Dr. Strangelove, sorry, American General Philip Breedlove, insists that the West must create a rapid-reaction force — online — to counteract Russia’s “false narratives.” Secretary of Defense Ashton Carter claims to be seriously considering unilaterally redeploying nuclear-capable missiles in Europe. The nominee to head the Joint Chiefs of Staff, Marine Commandant Joseph Dunford, recently directly labeled Russia America’s true “existential threat”; Air Force General Paul Selva, nominated to be the new vice chairman of the Joint Chiefs, seconded that assessment, using the same phrase and putting Russia, China and Iran, in that order, as more threatening than the Islamic State (ISIS). In the meantime, Republican presidential candidates and a bevy of congressional war hawks simply shout and fume when it comes to both the Iranian deal and the Russians.

In response to the Ukrainian situation and the “threat” of a resurgent Russia (behind which stands a resurgent China), a Washington-centric militarization of Europe is proceeding apace. NATO is now reportedly obsessed with what’s being called “strategy rethink” — as in drawing up detailed futuristic war scenarios on European soil. As economist Michael Hudson has pointed out, even financial politics are becoming militarized and linked to NATO’s new Cold War 2.0.

In its latest National Military Strategy, the Pentagon suggests that the risk of an American war with another nation (as opposed to terror outfits), while low, is “growing” and identifies four nations as “threats”: North Korea, a case apart, and predictably the three nations that form the new Eurasian core: Russia, China, and Iran. They are depicted in the document as “revisionist states,” openly defying what the Pentagon identifies as “international security and stability”; that is, the distinctly un-level playing field created by globalized, exclusionary, turbo-charged casino capitalism and Washington’s brand of militarism.

The Pentagon, of course, does not do diplomacy. Seemingly unaware of the Vienna negotiations, it continued to accuse Iran of pursuing nuclear weapons. And that “military option” against Iran is never off the table.

So consider it the Mother of All Blockbusters to watch how the Pentagon and the war hawks in Congress will react to the post-Vienna and — though it was barely noticed in Washington — the post-Ufa environment, especially under a new White House tenant in 2017.

It will be a spectacle.  Count on it.  Will the next version of Washington try to make it up to “lost” Russia or send in the troops? Will it contain China or the “caliphate” of ISIS? Will it work with Iran to fight ISIS or spurn it? Will it truly pivot to Asia for good and ditch the Middle East or vice-versa? Or might it try to contain Russia, China, and Iran simultaneously or find some way to play them against each other?

In the end, whatever Washington may do, it will certainly reflect a fear of the increasing strategic depth Russia and China are developing economically, a reality now becoming visible across Eurasia. At Ufa, Putin told Xi on the record: “Combining efforts, no doubt we [Russia and China] will overcome all the problems before us.”

Read “efforts” as new Silk Roads, that Eurasian Economic Union, the growing BRICS block, the expanding Shanghai Cooperation Organization, those China-based banks, and all the rest of what adds up to the beginning of a new integration of significant parts of the Eurasian land mass. As for Washington, fly like an eagle? Try instead: scream like a banshee.

Pepe Escobar is the roving correspondent for Asia Times, an analyst for RTand Sputnik, and a TomDispatch regular. His latest book is Empire of Chaos. Follow him on Facebook by clicking here.

The Real American Exceptionalism

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From Torture to Drone Assassination, How Washington Gave Itself a Global Get-Out-of-Jail-Free Card

By Alfred W. McCoy

Source: TomDispatch.com

“The sovereign is he who decides on the exception,” said conservative thinker Carl Schmitt in 1922, meaning that a nation’s leader can defy the law to serve the greater good. Though Schmitt’s service as Nazi Germany’s chief jurist and his unwavering support for Hitler from the night of the long knives to Kristallnacht and beyond damaged his reputation for decades, today his ideas have achieved unimagined influence. They have, in fact, shaped the neo-conservative view of presidential power that has become broadly bipartisan since 9/11. Indeed, Schmitt has influenced American politics directly through his intellectual protégé Leo Strauss who, as an émigré professor at the University of Chicago, trained Bush administration architects of the Iraq war Paul Wolfowitz and Abram Shulsky.

All that should be impressive enough for a discredited, long dead authoritarian thinker. But Schmitt’s dictum also became a philosophical foundation for the exercise of American global power in the quarter century that followed the end of the Cold War. Washington, more than any other power, created the modern international community of laws and treaties, yet it now reserves the right to defy those same laws with impunity. A sovereign ruler should, said Schmitt, discard laws in times of national emergency. So the United States, as the planet’s last superpower or, in Schmitt’s terms, its global sovereign, has in these years repeatedly ignored international law, following instead its own unwritten rules of the road for the exercise of world power.

Just as Schmitt’s sovereign preferred to rule in a state of endless exception without a constitution for his Reich, so Washington is now well into the second decade of an endless War on Terror that seems the sum of its exceptions to international law: endless incarceration, extrajudicial killing, pervasive surveillance, drone strikes in defiance of national boundaries, torture on demand, and immunity for all of the above on the grounds of state secrecy. Yet these many American exceptions are just surface manifestations of the ever-expanding clandestine dimension of the American state. Created at the cost of more than a trillion dollars since 9/11, the purpose of this vast apparatus is to control a covert domain that is fast becoming the main arena for geopolitical contestation in the twenty-first century.

This should be (but seldom is considered) a jarring, disconcerting path for a country that, more than any other, nurtured the idea of, and wrote the rules for, an international community of nations governed by the rule of law. At the First Hague Peace Conference in 1899, the U.S. delegate, Andrew Dickson White, the founder of Cornell University, pushed for the creation of a Permanent Court of Arbitration and persuaded Andrew Carnegie to build the monumental Peace Palace at The Hague as its home. At the Second Hague Conference in 1907, Secretary of State Elihu Root urged that future international conflicts be resolved by a court of professional jurists, an idea realized when the Permanent Court of International Justice was established in 1920.

After World War II, the U.S. used its triumph to help create the United Nations, push for the adoption of its Universal Declaration of Human Rights, and ratify the Geneva Conventions for humanitarian treatment in war. If you throw in other American-backed initiatives like the World Health Organization, the World Trade Organization, and the World Bank, you pretty much have the entire infrastructure of what we now casually call “the international community.”

Breaking the Rules

Not only did the U.S. play a crucial role in writing the new rules for that community, but it almost immediately began breaking them. After all, despite the rise of the other superpower, the Soviet Union, Washington was by then the world sovereign and so could decide which should be the exceptions to its own rules, particularly to the foundational principle for all this global governance: sovereignty. As it struggled to dominate the hundred new nations that started appearing right after the war, each one invested with an inviolable sovereignty, Washington needed a new means of projecting power beyond conventional diplomacy or military force. As a result, CIA covert operations became its way of intervening within a new world order where you couldn’t or at least shouldn’t intervene openly.

All of the exceptions that really matter spring from America’s decision to join what former spy John Le Carré called that “squalid procession of vain fools, traitors… sadists, and drunkards,” and embrace espionage in a big way after World War II. Until the creation of the CIA in 1947, the United States had been an innocent abroad in the world of intelligence. When General John J. Pershing led two million American troops to Europe during World War I, the U.S. had the only army on either side of the battle lines without an intelligence service. Even though Washington built a substantial security apparatus during that war, it was quickly scaled back by Republican conservatives during the 1920s. For decades, the impulse to cut or constrain such secret agencies remained robustly bipartisan, as when President Harry Truman abolished the CIA’s predecessor, the Office of Strategic Services (OSS), right after World War II or when President Jimmy Carter fired 800 CIA covert operatives after the Vietnam War.

Yet by fits and starts, the covert domain inside the U.S. government has grown stealthily from the early twentieth century to this moment. It began with the formation of the FBI in 1908 and Military Intelligence in 1917. The Central Intelligence Agency followed after World War II along with most of the alphabet agencies that make up the present U.S. Intelligence Community, including the National Security Agency (NSA), the Defense Intelligence Agency (DIA), and last but hardly least, in 2004, the Office of the Director of National Intelligence. Make no mistake: there is a clear correlation between state secrecy and the rule of law — as one grows, the other surely shrinks.

World Sovereign

America’s irrevocable entry into this covert netherworld came when President Truman deployed his new CIA to contain Soviet subversion in Europe. This was a continent then thick with spies of every stripe: failed fascists, aspirant communists, and everything in between. Introduced to spycraft by its British “cousins,” the CIA soon mastered it in part by establishing sub rosa ties to networks of ex-Nazi spies, Italian fascist operatives, and dozens of continental secret services.

As the world’s new sovereign, Washington used the CIA to enforce its chosen exceptions to the international rule of law, particularly to the core principle of sovereignty. During his two terms, President Dwight Eisenhower authorized 104 covert operations on four continents, focused largely on controlling the many new nations then emerging from centuries of colonialism. Eisenhower’s exceptions included blatant transgressions of national sovereignty such as turning northern Burma into an unwilling springboard for abortive invasions of China, arming regional revolts to partition Indonesia, and overthrowing elected governments in Guatemala and Iran. By the time Eisenhower left office in 1961, covert ops had acquired such a powerful mystique in Washington that President John F. Kennedy would authorize 163 of them in the three years that preceded his assassination.

As a senior CIA official posted to the Near East in the early 1950s put it, the Agency then saw every Muslim leader who was not pro-American as “a target legally authorized by statute for CIA political action.” Applied on a global scale and not just to Muslims, this policy helped produce a distinct “reverse wave” in the global trend towards democracy from 1958 to 1975, as coups — most of them U.S.-sanctioned — allowed military men to seize power in more than three-dozen nations, representing a quarter of the world’s sovereign states.

The White House’s “exceptions” also produced a deeply contradictory U.S. attitude toward torture from the early years of the Cold War onward. Publicly, Washington’s opposition to torture was manifest in its advocacy of the U.N. Universal Declaration of Human Rights in 1948 and the Geneva Conventions in 1949. Simultaneously and secretly, however, the CIA began developing ingenious new torture techniques in contravention of those same international conventions. After a decade of mind-control research, the CIA actually codified its new method of psychological torture in a secret instructional handbook, the “KUBARK Counterintelligence Interrogation” manual, which it then disseminated within the U.S. Intelligence Community and to allied security services worldwide.

Much of the torture that became synonymous with the era of authoritarian rule in Asia and Latin America during the 1960s and 1970s seems to have originated in U.S. training programs that provided sophisticated techniques, up-to-date equipment, and moral legitimacy for the practice. From 1962 to 1974, the CIA worked through the Office of Public Safety (OPS), a division of the U.S. Agency for International Development that sent American police advisers to developing nations. Established by President Kennedy in 1962, in just six years OPS grew into a global anti-communist operation with over 400 U.S. police advisers.  By 1971, it had trained more than a million policemen in 47 nations, including 85,000 in South Vietnam and 100,000 in Brazil.

Concealed within this larger OPS effort, CIA interrogation training became synonymous with serious human rights abuses, particularly in Iran, the Philippines, South Vietnam, Brazil, and Uruguay. Amnesty International documented widespread torture, usually by local police, in 24 of the 49 nations that had hosted OPS police-training teams. In tracking torturers across the globe, Amnesty seemed to be following the trail of CIA training programs. Significantly, torture began to recede when America again turned resolutely against the practice at the end of the Cold War.

The War on Terror 

Although the CIA’s authority for assassination, covert intervention, surveillance, and torture was curtailed at the close of the Cold War, the terror attacks of September 2001 sparked an unprecedented expansion in the scale of the intelligence community and a corresponding resurgence in executive exceptions.  The War on Terror’s voracious appetite for information produced, in its first decade, what the Washington Post branded a veritable “fourth branch” of the U.S. federal government with 854,000 vetted security officials, 263 security organizations, over 3,000 private and public intelligence agencies, and 33 new security complexes — all pumping out a total of 50,000 classified intelligence reports annually by 2010.

By that time, one of the newest members of the Intelligence Community, the National Geospatial-Intelligence Agency, already had 16,000 employees, a $5 billion budget, and a massive nearly $2 billion headquarters at Fort Belvoir, Virginia — all aimed at coordinating the flood of surveillance data pouring in from drones, U-2 spy planes, Google Earth, and orbiting satellites.

According to documents whistleblower Edward Snowden leaked to the Washington Post, the U.S. spent $500 billion on its intelligence agencies in the dozen years after the 9/11 attacks, including annual appropriations in 2012 of $11 billion for the National Security Agency (NSA) and $15 billion for the CIA. If we add the $790 billion expended on the Department of Homeland Security to that $500 billion for overseas intelligence, then Washington had spent nearly $1.3 trillion to build a secret state-within-the-state of absolutely unprecedented size and power.

As this secret state swelled, the world’s sovereign decided that some extraordinary exceptions to civil liberties at home and sovereignty abroad were in order. The most glaring came with the CIA’s now-notorious renewed use of torture on suspected terrorists and its setting up of its own global network of private prisons, or “black sites,” beyond the reach of any court or legal authority. Along with piracy and slavery, the abolition of torture had long been a signature issue when it came to the international rule of law. So strong was this principle that the U.N. General Assembly voted unanimously in 1984 to adopt the Convention Against Torture. When it came to ratifying it, however, Washington dithered on the subject until the end of the Cold War when it finally resumed its advocacy of international justice, participating in the World Conference on Human Rights at Vienna in 1993 and, a year later, ratifying the U.N. Convention Against Torture.

Even then, the sovereign decided to reserve some exceptions for his country alone. Only a year after President Bill Clinton signed the U.N. Convention, CIA agents started snatching terror suspects in the Balkans, some of them Egyptian nationals, and sending them to Cairo, where a torture-friendly autocracy could do whatever it wanted to them in its prisons. Former CIA director George Tenet later testified that, in the years before 9/11, the CIA shipped some 70 individuals to foreign countries without formal extradition — a process dubbed “extraordinary rendition” that had been explicitly banned under Article 3 of the U.N. Convention.

Right after his public address to a shaken nation on September 11, 2001, President George W. Bush gave his staff wide-ranging secret orders to use torture, adding (in a vernacular version of Schmitt’s dictum),“I don’t care what the international lawyers say, we are going to kick some ass.” In this spirit, the White House authorized the CIA to develop that global matrix of secret prisons, as well as an armada of planes for spiriting kidnapped terror suspects to them, and a network of allies who could help seize those suspects from sovereign states and levitate them into a supranational gulag of eight agency black sites from Thailand to Poland or into the crown jewel of the system, Guantánamo, thus eluding laws and treaties that remained grounded in territorially based concepts of sovereignty.

Once the CIA closed the black sites in 2008-2009, its collaborators in this global gulag began to feel the force of law for their crimes against humanity. Under pressure from the Council of Europe, Poland started an ongoing criminal investigation in 2008 into its security officers who had facilitated the CIA’s secret prison in the country’s northeast. In September 2012, Italy’s supreme court confirmed the convictions of 22 CIA agents for the illegal rendition of Egyptian exile Abu Omar from Milan to Cairo, and ordered a trial for Italy’s military intelligence chief on charges that sentenced him to 10 years in prison. In 2012, Scotland Yard opened a criminal investigation into MI6 agents who rendered Libyan dissidents to Colonel Gaddafi’s prisons for torture, and two years later the Court of Appeal allowed some of those Libyans to file a civil suit against MI6 for kidnapping and torture.

But not the CIA. Even after the Senate’s 2014 Torture Report documented the Agency’s abusive tortures in painstaking detail, there was no move for either criminal or civil sanctions against those who had ordered torture or those who had carried it out. In a strong editorial on December 21, 2014, the New York Times asked “whether the nation will stand by and allow the perpetrators of torture to have perpetual immunity.” The answer, of course, was yes. Immunity for hirelings is one of the sovereign’s most important exceptions.

As President Bush finished his second term in 2008, an inquiry by the International Commission of Jurists found that the CIA’s mobilization of allied security agencies worldwide had done serious damage to the international rule of law. “The executive… should under no circumstance invoke a situation of crisis to deprive victims of human rights violations… of their… access to justice,” the Commission recommended after documenting the degradation of civil liberties in some 40 countries. “State secrecy and similar restrictions must not impede the right to an effective remedy for human rights violations.”

The Bush years also brought Washington’s most blatant repudiation of the rule of law. Once the newly established International Criminal Court (ICC) convened at The Hague in 2002, the Bush White House “un-signed” or “de-signed” the U.N. agreement creating the court and then mounted a sustained diplomatic effort to immunize U.S. military operations from its writ. This was an extraordinary abdication for the nation that had breathed the concept of an international tribunal into being.

The Sovereign’s Unbounded Domains

While Presidents Eisenhower and Bush decided on exceptions that violated national boundaries and international treaties, President Obama is exercising his exceptional prerogatives in the unbounded domains of aerospace and cyberspace.

Both are new, unregulated realms of military conflict beyond the rubric of international law and Washington believes it can use them as Archimedean levers for global dominion. Just as Britain once ruled from the seas and postwar America exercised its global reach via airpower, so Washington now sees aerospace and cyberspace as special realms for domination in the twenty-first century.

Under Obama, drones have grown from a tactical Band-Aid in Afghanistan into a strategic weapon for the exercise of global power. From 2009 to 2015, the CIA and the U.S. Air Force deployed a drone armada of over 200 Predators and Reapers, launching 413 strikes in Pakistan alone, killing as many as 3,800 people. Every Tuesday inside the White House Situation Room, as the New York Times reported in 2012, President Obama reviews a CIA drone “kill list” and stares at the faces of those who are targeted for possible assassination from the air.  He then decides, without any legal procedure, who will live and who will die, even in the case of American citizens. Unlike other world leaders, this sovereign applies the ultimate exception across the Greater Middle East, parts of Africa, and elsewhere if he chooses.

This lethal success is the cutting edge of a top-secret Pentagon project that will, by 2020, deploy a triple-canopy space “shield” from stratosphere to exosphere, patrolled by Global Hawk and X-37B drones armed with agile missiles.

As Washington seeks to police a restless globe from sky and space, the world might well ask: How high is any nation’s sovereignty? After the successive failures of the Paris flight conference of 1910, the Hague Rules of Aerial Warfare of 1923, and Geneva’s Protocol I of 1977 to establish the extent of sovereign airspace or restrain aerial warfare, some puckish Pentagon lawyer might reply: only as high as you can enforce it.

President Obama has also adopted the NSA’s vast surveillance system as a permanent weapon for the exercise of global power. At the broadest level, such surveillance complements Obama’s overall defense strategy, announced in 2012, of cutting conventional forces while preserving U.S. global power through a capacity for “a combined arms campaign across all domains: land, air, maritime, space, and cyberspace.” In addition, it should be no surprise that, having pioneered the war-making possibilities of cyberspace, the president did not hesitate to launch the first cyberwar in history against Iran.

By the end of Obama’s first term, the NSA could sweep up billions of messages worldwide through its agile surveillance architecture. This included hundreds of access points for penetration of the Worldwide Web’s fiber optic cables; ancillary intercepts through special protocols and “backdoor” software flaws; supercomputers to crack the encryption of this digital torrent; and a massive data farm in Bluffdale, Utah, built at a cost of $2 billion to store yottabytes of purloined data.

Even after angry Silicon Valley executives protested that the NSA’s “backdoor” software surveillance threatened their multi-trillion-dollar industry, Obama called the combination of Internet information and supercomputers “a powerful tool.” He insisted that, as “the world’s only superpower,” the United States “cannot unilaterally disarm our intelligence agencies.” In other words, the sovereign cannot sanction any exceptions to his panoply of exceptions.

Revelations from Edward Snowden’s cache of leaked documents in late 2013 indicate that the NSA has conducted surveillance of leaders in some 122 nations worldwide, 35 of them closely, including Brazil’s president Dilma Rousseff, former Mexican president Felipe Calderón, and German Chancellor Angela Merkel. After her forceful protest, Obama agreed to exempt Merkel’s phone from future NSA surveillance, but reserved the right, as he put it, to continue to “gather information about the intentions of governments… around the world.” The sovereign declined to say which world leaders might be exempted from his omniscient gaze.

Can there be any question that, in the decades to come, Washington will continue to violate national sovereignty through old-style covert as well as open interventions, even as it insists on rejecting any international conventions that restrain its use of aerospace or cyberspace for unchecked force projection, anywhere, anytime? Extant laws or conventions that in any way check this power will be violated when the sovereign so decides. These are now the unwritten rules of the road for our planet.  They represent the real American exceptionalism.

Alfred W. McCoy is professor of history at the University of Wisconsin-Madison. A TomDispatch regular, he is the author of Torture & Impunity: The U.S. Doctrine of Coercive Interrogation, among other works.