Posts tagged Pakistan

Progressive President

So here’s the National & World News page, from this morning’s edition of the Opelika-Auburn News.

Obama signs $633B defense bill

New tax law packed with breaks for business

American missiles kill senior Taliban militant in Pakistan

Progressives and social-justice voters can be thankful — thank goodness we re-elected a Progressive Democrat as President. Just imagine if some Right-wing corporate warmonger got into office. Good God, just imagine what he’d be doing now.

Whatever liberalism it pretends, whatever name it assumes

From Anthony Gregory (2012-04-26), Only One Way to End the Indecencies of War, in the Huffington Post:

The only solution to this is to stop the indecencies that are being recorded for the world to see. Blaming the publishers of these photos is entirely the wrong approach. It puts the chill on free speech whenever the government insists upon secrecy. Let’s address the underlying issue and stop blaming the messenger.

To this point, we might focus on Panetta’s most telling comment: This is war. I know that war is ugly and it’s violent…

Many would see this as a throwaway line, meant to lend some context to the obscenities, yet it dismisses the true core of the problem. Wars, particularly modern wars, necessarily entail indecencies and atrocities — yet some would have us believe that a few bad apples are all that is tainting an otherwise justifiable and moral war. Surely militarists and the administration encourage this view, but so do some opponents of the administration who imply the war could be waged much better under different leadership. Similarly, liberal critics of Bush sometimes implied that a more capable executive, like Kerry or Obama, would wage war without excessive intervention many Democrats often claimed to characterize Bush’s foreign policy.

NBC’s Col. Jack Jacobs argues that the problem is a lack of sound leadership, but we might be forgiven for wondering which major war in memory — or even in the last century — was devoid of such indecency on the part of soldiers. Where has there ever been a war whose leadership guaranteed the professional behavior whose decline Jacobs laments?

. . . In any event, so long as we blanch at the site of desecrated body parts or soldiers urinating on corpses while we tolerate perpetual war that makes such actions (and even much worse) inevitable, we are totally missing the point. The attempt to ascribe this indecency to a handful of soldiers or poor leadership is a distraction from the full indecency of war itself, much like the Abu Ghraib photos were used to deflect attention from questions of U.S. detention policy.

As of August 2011, Obama’s drone wars killed an estimated 168 children in Pakistan. That is a consequence of U.S. policy. In the last 20 years of U.S. operations in Iraq, Iraqi citizens have suffered under exponential loss of innocent civilians. Much of this misery results from the U.S.-UN sanctions implemented and enforced by the Bush and Clinton administrations. Both administrations have fallen short of accomplishing their missions to prop up a thoroughly backwards regime, defeat an al Qaeda network that is hardly there anymore, and fight an unwinnable war on opium. Obama’s considerable escalation of the war efforts has not yielded greater protection of the Afghan people, who suffered a record number of civilian deaths last year — the fifth straight year that casualties rose.

The Obama administration asks that we look beyond the scandalous photos at the big picture of the war in Afghanistan. Supposedly, this means we should focus on the progress that top officials claim to have made. Yet the situation is as unstable as ever. U.S. officials are negotiating with the Afghans to maintain a serious presence there for more than another decade, as though this prolonged engagement will finally bring about whatever the administration hopes to accomplish there.

Eventually, the U.S. military will withdraw from Afghanistan, and perhaps from its imperial presence throughout the world. Only then will we rid of the indecencies intrinsic to war.

—Anthony Gregory (2012)

From Marja Erwin (2012-04-25), The persecution of Breanna Manning and the incoherence of American Centrist ideology:

American Centrists, Fascists, and other authoritarians are calling for the murder of Breanna Manning, preferably without trial, and of many of her supporters. . . .

The American government claims legitimacy based on the supposed consent of the governed. But consent requires equality. As long as the government keeps secrets from the governed and has power over the governed, it does not have consent, and does not have legitimacy.

The American Centrists grant the government legitimacy based on the supposed consent of the governed. Then they grant the American government unlimited secrecy and unlimited power because of its legitimacy, though they may criticize other governments because of their lack of legitimacy. The American Centrists insist, in particular, that the American government has an inherent right to keep secrets and the people, not the American people, and not the whole world’s people, could possibly have a right to know what the American government is up to. The American Centrists have detached legitimacy from its supposed grounding in consent and now use legitimacy to support secrecy which makes consent impossible. They have liquified the ground they were standing on and are now sinking into.

So they attack Breanna Manning for sharing the secrets of the war machine. If she did what she is accused of, she is one of the outstanding heroes of our time.

But let’s get to the accusations of treason:

First off, there’s the legal definition, which requires the claim that the public is an enemy.

Second, there’s the political definition, that of acting against a legitimate government. [I don’t believe there are any]. But if the government keeps secrets from the public, it cannot have consent, and therefore cannot have legitimacy, and it is incoherent to claim treason when someone reveals its secrets to the public.

Third, there is the religious definition, which refers to oath-breaking. Warrior bands dedicated to war gods such as Woþins/Woden/Odin or Mars/Mamers required oaths as part of their initiation. Each warrior would declare absolute loyalty to the other warriors. This helped separate the warriors from the civilian society and helped make the warrior bands into effective mercenaries, plunderers, and slave-raiders. The practice of oath-keeping has, I think, done little good and monstrous harm throughout history.

And when I see all these knee-jerk accusations of treason and calls for murder, I remember how, because of my opposition to war, I’ve been called anti-American, attacked, severely beaten, and I’ve gotten death threats. There is a very deep pit of hatred in this land.

—Marja Erwin (2012)

All of which is important. And all of which has something, I think, to do with this. From Randolph Bourne (September 1917), A War Diary, in Seven Arts:

Thus the liberals who made our war their own preserved their pragmatism. But events have shown how fearfully they imperilled their intuition and how untameable an inexorable really is. For those of us who knew a real inexorable when we saw one, and had learned from watching war what follows the loosing of a war-technique, foresaw how quickly aims and purposes would be forgotten, and how flimsy would be any liberal control of events. It is only we now who can appreciate The New Republic—the organ of applied pragmatic realism—when it complains that the League of Peace (which we entered the war to guarantee) is more remote than it was eight months ago; or that our State Department has no diplomatic policy (though it was to realize the high aims of the President’s speeches that the intellectuals willed America’s participation); or that we are subordinating the political management of the war to real or supposed military advantages, (though militarism in the liberal mind had no justification except as a tool for advanced social ends). If, after all the idealism and creative intelligence that were shed upon America’s taking up of arms, our State Department has no policy, we are like brave passengers who have set out for the Isles of the Blest only to find that the first mate has gone insane and jumped overboard, the rudder has come loose and dropped to the bottom of the sea, and the captain and pilot are lying dead drunk under the wheel. The stokers and engineers however, are still merrily forcing the speed up to twenty knots an hour and the passengers are presumably getting the pleasure of the ride.

The penalty the realist pays for accepting war is to see disappear one by one the justifications for accepting it. He[1] must either become a genuine Realpolitiker and brazen it through, or else he must feel sorry for his intuition and be regretful that he willed the war. But so easy is forgetting and so slow the change of events that he is more likely to ignore the collapse of his case. If he finds that his government is relinquishing the crucial moves of that strategy for which he was willing to use the technique of war, he is likely to move easily to the ground that it will all come out in the end the same anyway. He soon becomes satisfied with tacitly ratifying whatever happens, or at least straining to find the grain of unplausible hope that may be latent in the situation. . . . Professor Dewey has become impatient at the merely good and merely conscientious objectors to war who do not attach their conscience and intelligence to forces moving in another direction. But in wartime there are literally no valid forces moving in another direction. War determines its own end—victory, and government crushes out automatically all forces that deflect, or threaten to deflect, energy from the path of organization to that end.

All governments will act in this way, the most democratic as well as the most autocratic. It is only liberal naïveté that is shocked at arbitrary coercion and suppression. Willing war means willing all the evils that are organically bound up with it. A good many people still seem to believe in a peculiar kind of democratic and antiseptic war. The pacifists opposed the war because they knew this was an illusion, and because of the myriad hurts they knew war would do the promise of democracy at home. For once the babes and sucklings seem to have been wiser than the children of light.

—Randolph Bourne (1917)

And with this. From Anonymous (1756), A Vindication of Natural Society: or, a View of the Miseries and Evils Arising to Mankind from every Species of Artificial Society:

To prove, that these Sort of policed Societies are a Violation offered to Nature, and a Constraint upon the human Mind, it needs only to look upon the sanguinary Measures, and Instruments of Violence which are every where used to support them. Let us take a Review of the Dungeons, Whips, Chains, Racks, Gibbets, with which every Society is abundantly stored, by which hundreds of Victims are annually offered up to support a dozen or two in Pride and Madness, and Millions in an abject Servitude, and Dependence. There was a Time, when I looked with a reverential Awe on these Mysteries of Policy; but Age, Experience, and Philosophy have rent the Veil; and I view this Sanctum Sanctorum, at least, without any enthusiastick Admiration. I acknowledge indeed, the Necessity of such a Proceeding in such Institutions; but I must have a very mean Opinion of Institutions where such Proceedings are necessary. . . . In vain you tell me that Artificial Government is good, but that I fall out only with the Abuse. The Thing! the Thing itself is the Abuse!

—Anonymous (1756)

  1. [1] [Sic. —Ed.]

Change You Can Believe In (Vol. III, No. 4, April 2011)

The latest instalment in our ongoing monthly feature.[1] You may be surprised to find that this month I am going to pass over the new fucking war that the Peace President has been kinetically pursuing against yet another Muslim country. Too obvious. Instead, we have….

Executive power

In which Obama decides he’s in favor of the unitary theory of the executive — in order to save his Czars, natch.

There is no ambiguity in that vow: none at all. He explicitly promised not to use signing statements to nullify Congressional statutes he thought were invalid. Citing his credentials as a Constitutional Law professor, Obama explained that “Congress’ job is to pass legislation,” and when that happens, a President has only two options: “the President can veto it or sign it.” In contrast to Bush — who, Obama said, “has been saying ‘I can change what Congress passed by attaching a statement saying I don’t agree with this part, I’m going to choose to interpret it this way or that way’” — Obama said he, by contrast, believes “that’s not part of [the President’s] power.” He punctuated his answer as follows: “we’re not going to use signing statements as a way of doing an end run around Congress.” It just doesn’t get any clearer than that.

But on Friday, Obama did exactly that which he vowed in that answer he would never do. When signing the budget bill into law, he attached a signing statement objecting to some provisions as an encroachment on executive power but still vowing to obey them (such as restrictions on transferring Guantanamo detainees), but then explicitly stated that he would ignore the provision of this new law that de-funds his so-called “czars” (which are really little more than glorified presidential advisers). Declaring that the Executive has the unfettered “authority to supervise and oversee the executive branch” — i.e., asserting another critical aspect of the “unitary theory of the Executive” — Obama declared that “the executive branch will construe [the de-funding provision] not to abrogate these Presidential prerogatives.” In other words, we’re going to ignore that mandate because we believe it’s unconstitutional: he’s going to use funds for exactly the purpose that Congress, in a bill he signed into law, flatly prohibited.

— Glenn Greenwald, Obama v. Obama on signing statements, in Salon.com, April 17, 2011.

Drug warfare

Hey, remember back when Obama stopped the Drug Enforcement Agency from raiding medical marijuana dispenaries in states that have legalized medical marijuana?

Here’s how Obama’s DEA stopped raiding medical marijuana dispensaries that this month in Spokane:

DEA agents raided at least four dispensaries around Spokane…. On Thursday evening Charles Wright said that “THC will be open and in full operation tomorrow.” His message less than a day later was much different.

“Effective immediately, THC Pharmacy is shutting down immediately and I recommend all pharmacies in Washington State follow suit,” he said.

DEA agents raided THC Pharmacy Thursday, confiscating all the marijuana and cash. But it wasn’t the raid that scared Wright into closing. He said his it was a conversation he said his attorney had with US Attorney Michael Ormsby Friday morning.

“I am being threatened with 20 years to life and I have no further political power to do anything. If I open the doors today they will put me in prison tomorrow,” he said.

… Charles Wright said that US Attorney Michael Ormsby has said that federal raids will continue until all dispensaries are in compliance with federal law, which states it is illegal to possess or sell marijuana.

Rob Kauder, Feds Continuing Crackdown On Medical Marijuana Dispensaries, at KXLY.com (29 April 2011)

Here’s how they stopped it in Rhode Island:

PROVIDENCE, R.I. (AP) - The top federal prosecutor in Rhode Island has warned Gov. Lincoln Chafee that the state’s plan to license medical marijuana dispensaries violates federal law.

U.S. Attorney Peter Neronha says in a letter delivered to Chafee on Friday that federal prosecutors have the right to investigate and prosecute those who grow and distribute marijuana, even if such activities are allowed by state law.

— Associated Press, Federal Prosecutor Warns RI About Medical Pot, at abc6.com (2011-04-30)

Here’s how they stopped it in San Marcos, California:

At least one medical marijuana dispensary in San Marcos was raided by law enforcement agents Thursday, authorities confirmed, and the homes of suspected medical marijuana providers in North County were hit, as well.

Authorities raided the Club One Collective, a medical marijuana dispensary at 1232 Los Vallecitos Blvd., a business park just north of Highway 78, said San Diego County sheriff’s Capt. Mike Barnett.

“It was raided today along with several other locations throughout North County and Riverside County,” said. “Evidence was seized and money was seized.”

… Also, residences in Vista, Oceanside and Temecula were raided Thursday by the federal Drug Enforcement Administration and the San Diego Narcotic Task Force…. The homes hit by the raids were the residences of medical marijuana patients, said Eugene Davidovich, the director of the San Diego chapter of Americans for Safe Access.

— Teri Figueroa, SAN MARCOS: Authorities raid medical marijuana collective, in the North County Times (28 April 2011)

Here’s how they stopped it in Metro Detroit:

Drug agents executed search warrants at two medical marijuana facilities in Oakland County on Tuesday, but it was unclear whether it signaled a new federal crackdown against the state’s fledgling industry.

The raids were part of a wide-ranging operation by the U.S. Drug Enforcement Administration, which dispatched agents in eight coordinated raids of homes and businesses in Detroit, Novi, Commerce Township, Walled Lake and Romulus.

… [T]he raids were focused in Oakland County, ground zero in the battle between medical marijuana clinics and law enforcement officers.

A DEA official confirmed that agents executed search warrants at Casab’s home in Commerce Township and his Caregivers of America marijuana facility on 12 Mile in Novi.

The DEA raided another Caregivers facility on Decker Road in Walled Lake. The building is owned by 1020 Decker LLC, whose registered agent is lawyer Barry A. Steinway of Bingham Farms, state records indicate.

Walled Lake issued a medical marijuana dispensary license to 1020 Decker LLC on Aug. 31, 2010, under terms of a local ordinance.

“The feds say it’s illegal, but the city issued them a license,” Abel said.

— Robert Snell and Mike Martindale, DEA raids Oakland Co. medical marijuana centers, in the Detroit News (13 April 2011)

It’s been two and a half years, but I’m sure that sometime real soon now our Progressive President is going to get his Drug Enforcement Agency to halt those raids. They probably just haven’t gotten around to it yet, because they’ve been so very busy in the past couple months.

War on the World

Finally, I’d be remiss if I failed to mention one of our Progressive Peace President’s real triumphs. During the long, dark night of the Bush administration, the United States government became notorious for its use of torture, its disregard for due process, and its endless, arbitrary detentions in legal black-holes like Guantanamo Bay, all in the name of a ever-shifting, never-ending War on Terror. Obama promised that he would rectify that. Nowadays, thanks to Obama, they only promise to hold people in Guantanamo forever without a trial after they try out a few options and can’t figure out any kangaroo court where it would be politically expedient to send them. Under the Bush administration, the CIA became notorious as one of the leading practitioners of indefinite detention and interrogation by torture, in black-hole secret prisons where prisoners — many of them innocent victims of mass sweeps and round-ups — had no legal recourse at all. The Obama administration has put an end to all that. Now:

“The CIA is out of the detention and interrogation business,” said a U.S. official who is familiar with intelligence operations but was not authorized to speak publicly.

— Ken Dilanian, CIA has slashed its terrorism interrogation role, in the Los Angeles Times (10 April 2011)

Huzzah and kudos. Now, instead of indefinitely detaining people without trial and torturing them for years, the CIA just kills them instead:

Under Obama, the CIA has killed more people than it has captured, mainly through drone missile strikes in Pakistan’s tribal areas. At the same time, it has stopped trying to detain or interrogate suspects caught abroad….

— Ken Dilanian, CIA has slashed its terrorism interrogation role, in the Los Angeles Times (10 April 2011)

In summary executions like this one:

WASHINGTON — C.I.A. drones fired two missiles at militants in Pakistan’s tribal areas on Wednesday…. The strikes drew a sharp rebuke from a Pakistani government that is increasingly public in its criticism of the C.I.A.’s covert role in its country.

… The drone attack was widely interpreted by Pakistan’s main spy agency, the Inter-Services Intelligence directorate, as a deliberate effort by Washington to embarrass the country. “If the message was that business will continue as usual, it was a crude way of sending it,” a senior Pakistani intelligence official said.

… The targets of the attack were militants commanded by Maulvi Nazir, a Taliban leader from South Waziristan…. The drones struck a double-cabin pickup truck and a motorcycle as they returned from Afghanistan into Pakistan, a Pakistani military official said. Seven fighters were killed and six others were wounded in the attack just south of the village of Angor Adda on the border between the two countries.

Pakistani officials have grown more alarmed at the frequency of the drone attacks — 117 last year, more than all previous years combined — and the fact that the targets are now largely low-level fighters and junior commanders, not top operatives. Wednesday’s strikes bring this year’s number of attacks to 20….

— Eric Schmitt, New C.I.A. Drone Attack Draws Rebuke From Pakistan, in the New York Times (13 April 2011)

Plus ca change, mes amis. But President Bush must be careful to cover his political bases; I hear that he is planning to run for a fourth term next year.

  1. [1] Here’s January 2011; here’s February 2011; here’s March 2011.

Monday Lazy Linking

Death by Homeland Security #3: The Disappeared

From Nina Bernstein and Margot Williams, The New York Times (2009-04-02): Immigrant Detainee Dies, and a Life Is Buried, Too:

The hand-scrawled letter from a New Jersey jail was urgent. An immigration detainee had died that day, Sept. 9, 2005, a fellow inmate wrote in broken English, describing chest pains and pleas for medical attention that went unheeded until too late.

Death … need to be investigated, he urged a local group that corresponded with foreigners held for deportation at the jail, the Monmouth County Correctional Institute in Freehold. We care very much because that can happen to anyone of us.

Yet like a message in a bottle tossed from a distant shore, even the fact of the detainee’s death was soon swept away.

Inquiries by the local group were rebuffed by jail officials. Complaints forwarded to the Department of Homeland Security were logged, then forgotten. And when pressure from Congress and the news media compelled Immigration and Customs Enforcement to produce the first list of people who had died in their custody, the Freehold case was not on it.

The difficulty of confirming the very existence of the dead man, Ahmad Tanveer, 43, a Pakistani New Yorker, shows how death can fall between the cracks [sic! —R.G.] in immigration detention, the rapidly growing patchwork of more than 500 county jails, profit-making prisons and federal detention centers where half a million noncitizens were held during the last year while the government tried to deport them.

… Even now, most questions about Mr. Tanveer are unanswered, including just who he was and why he had been detained. The rescue of his death from oblivion took a rare mix of chance, vigilance by a few citizen activists, litigation by the civil liberties union and several months of inquiry by The Times. Even as the newspaper confirmed Mr. Tanveer’s death with jail officials, and tracked his body’s path from a Freehold morgue to the cargo hold of an airplane at Kennedy Airport, immigration authorities maintained that they could find no documents showing such a person was ever detained, or died in their custody.

Not until March 20, in response to a new request by The Times under the Freedom of Information Act, did the agency release an internal e-mail message acknowledging that the death had been overlooked. It issued a corrected list that now includes him — his first and last names transposed — among 90 people who died in immigration custody between Oct. 7, 2003, and Feb. 7, 2009.

… In Mr. Tanveer’s case, efforts to draw public scrutiny were exceptional, yet went nowhere. The scrawled note by his fellow detainee, a Nigerian who garbled the dead man’s name as Ahmed Tender, reached citizen activists at the New Jersey Civil Rights Defense Committee, who were unable to confirm it. Other complaints that Mr. Tanveer did not receive proper care separately reached a former member of the group, Jean Blum, a disabled Holocaust survivor who had continued corresponding with dozens of detainees from her home in Paterson, N.J., even though she could barely afford the postage.

I am very, very aware of the issues that involve displaced people, said Ms. Blum, 73, who was a child when she and her parents, Polish Jews, fled the Nazis. I could not turn my back, because that is my history.

Ms. Blum forwarded a packet of correspondence about the death to the Department of Homeland Security’s inspector general by Sept. 20, 2005, seeking an investigation. But within weeks, documents show, the matter was simply passed for internal inquiry to the immigration agency, which is part of Homeland Security, with the notation that it need not bother to report back its findings.

Years after Mr. Tanveer’s death, the scrawled note about his heart attack came to the attention of the A.C.L.U., and its lawyers noticed that no such name appeared on the first government list of 66 people published by The Times in 2008. The union added the name to its lawsuit, and eventually obtained the paper trail on what Ms. Blum had sent the government.

The union learned that the inspector general’s office had written up a synopsis of the allegations for investigation by the immigration agency, saying that Ahmad Tander, a Pakistani detainee housed at the Monmouth jail, had died from a heart attack whose symptoms were obvious, severe and ignored until it was too late, amid conditions of neglect and indifference to medical needs.

But when the A.C.L.U. pressed for more, government lawyers said no further records could be found.

Early this year, The Times called a spokeswoman for the Monmouth County Sheriff, who confirmed the death and gave the name as Tanver — later correcting the spelling to Tanveer.

In names transcribed from a foreign alphabet, such variations often pose a problem of identification. But the facts matched: Mr. Tanveer had arrived at the jail in immigration custody on Aug. 12, 2005, and on Sept. 9 was taken by ambulance to CentraState Medical Center in Freehold, where he died, the spokeswoman, Cynthia Scott, said. Under the jail’s federal contract, she said, nothing more could be disclosed.

A CentraState spokesman initially denied that such a patient had died at the hospital. Later the medical record was found misfiled, and the spokesman, James M. Goss, confirmed the man’s death at age 43. But, citing privacy laws and policy, he declined to answer other questions about the case, including what had happened to the body.

In New Jersey, as in many states, autopsy reports are private. But the county morgue confirmed that an autopsy had been performed. Eventually, two details were shared: the name of the Queens funeral home that picked up the body for burial on Sept. 12, and the fact that the autopsy report was sent two months later to Mark Stokes, an official in the New York office of Immigration and Customs Enforcement.

Yet for more than three years since, the tallies and testimony that the agency submitted to Congress about detainee deaths have not included the Tanveer case.

In January 2009, equipped with confirmation, The Times again requested documents in Mr. Tanveer’s death. President Obama had just directed federal agencies to err on the side of transparency in releasing records to the public. But a Freedom of Information officer soon said she was stymied: Immigration record-keepers told her no documents could be located without the dead man’s date of birth or eight-digit alien registration number.

And the body? The director of the funeral home, Coppola-Migliore in Corona, Queens, said Mr. Tanveer’s New York relatives had it flown to Pakistan for burial, using Pakistan International Airlines. But the funeral director declined to identify the relatives without their permission and said they had not returned phone calls. And the Pakistani Consulate had no record of the case.

Also futile was a search for witnesses among fellow detainees, many since deported. The Nigerian detainee who wrote the urgent letter, an ailing diabetic, was later released pending a deportation hearing. According to social workers at the Queens-based charity that was his last known contact, he is now a homeless fugitive, lost in the streets of New York.

Victoria L. Allred, chief of staff in the financial office of Immigration and Customs Enforcement, wrote in an internal e-mail message March 4 that the death had not been discovered until after the chart omitting it had been submitted to Congress for the latest subcommittee hearing, March 3. I apologize for the discrepancy, she wrote.

Yet as of Thursday, immigration authorities still have not released records on Mr. Tanveer’s detention or death, which they attribute to occlusive coronary atherosclerosis, nor have they addressed the complaint that his heart attack went untreated in the jail for more than two hours.

On the expanded list, he is the only detainee with no birth date. And in the e-mail message acknowledging the death, his alien registration number has been redacted — to protect his privacy, the government said.

— Nina Bernstein and Margot Williams, The New York Times (2009-04-02): Immigrant Detainee Dies, and a Life Is Buried, Too

Ahmad Tanveer was abducted, caged, deliberately denied medical care and left to die in jail, and then disappeared by the United States federal government’s bordercrats and their hired thugs, who have gone up and down the chain of command denying, declining, misfiling and deliberately blocking disclosure of information about the case at every turn. They haven’t done a damned thing to investigate this man’s murder and they’ve did their best for years to make sure that nobody ever found out much of anything about it. The Times deserves a great deal of credit for doggedly investigating, and ultimately exposing, what has been going on in la Migra’s special prison system. But there’s a deep problem with passing it off as a matter of some poor shmoe falling between the cracks of a patchwork system of government immigration jails — as if this were a matter of disorganization or bureaucratic inefficiency — rather than what it is, an act of administrative murder, followed by a campaign of repeated stonewalling and cover-ups, under the excuse of Homeland Security, or on the outrageous claim that they are doing it out of concern for the privacy of their own victim. Not just in this one case, but over, and over again, to God knows how many people:

We still do not know, and we cannot know, if there are other deaths that have never been disclosed by ICE, or that ICE itself knows nothing about, said Tom Jawetz, a lawyer with the American Civil Liberties Union, which has been battling in court for months to obtain government records on all detention deaths, including the Freehold case and those named on the first government list, obtained by The New York Times under the Freedom of Information Act and published last year.

We believe we have accounted for every single detainee death, Kelly Nantel, a spokeswoman for Immigration and Customs Enforcement, said last week, adding that a death in March was promptly reported to Congress under a policy directive from Dora Schriro, the new administration’s special adviser on detention.

Yet even the latest list, which Ms. Nantel called comprehensive, thorough, is missing a known death from 2008: that of Ana Romero Rivera, a 44-year-old Salvadoran cleaning woman who was found hanged last August in an isolation cell in a county jail in Frankfort, Ky., where she was awaiting deportation. Federal officials now disagree whether she was legally in their custody when she died.

There are unverified reports that other detainees may have died unnamed and uncounted. At the Florida Immigrant Advocacy Center in Miami, for example, directors cite a letter in late July 2007 from a detainee who described an 18-year-old Haitian woman, Mari Rosa, coughing up blood for hours without medical attention at the Glades County Jail in Moore Haven, Fla. The letter said she fell to the ground, had no pulse when she was finally taken to the medical unit and was never brought back, adding, The detainees think she is dead.

The center has been unable to confirm what happened to that woman, said Susana Barciela, its policy director.

… As Congress and the news media brought new scrutiny to the issue, several detention deaths have highlighted problems with medical care and accountability. In one, a Chinese computer engineer’s extensive cancer and fractured spine went undiagnosed at a Rhode Island jail until shortly before he died, despite his pleas for help. In another, records show a Guinean tailor who suffered a skull fracture in a New Jersey jail was left in isolation without treatment for more than 13 hours.

— Nina Bernstein and Margot Williams, The New York Times (2009-04-02): Immigrant Detainee Dies, and a Life Is Buried, Too

Representative Zoe Lofgren of the state of California, is shocked — shocked! — to find that such a thing would be going on in the government’s special immigration prisons:

How can you overlook a guy who died in your custody? asked Rep. Zoe Lofgren, a California Democrat who has presided over two subcommittee hearings dealing with care and deaths in detention, battling unsuccessfully for full disclosure from immigration officials. Did they forget other people? Was it an isolated, single error, or was it something more sinister?

— Nina Bernstein and Margot Williams, The New York Times (2009-04-02): Immigrant Detainee Dies, and a Life Is Buried, Too

But the answer to these questions are easy. This case — all these cases, and more — happened because of a single error. But not an isolated one. The system itself is the error — there is no possible way to enforce immigration controls without creating special, parallel systems of imprisonment and administrative courts in which basic civil liberties and basic principles of due process are eliminated. There is no possible way for the government to go around trying to detect and exile undocumented immigrants without reversing basic components of due process, like the presumption of innocence. Any system of immigration documentation necessarily places the burden on the documented person to prove to the government’s satisfaction, by producing their documentation, that they have a right to exist where they do — rather than putting the burden on the government to prove that they do not. (The government will no doubt object that they can’t prove a negative. Of course they can’t, which is why they can’t implement a system of border laws within the bounds of anything resembling due process. Which is an argument against border laws, not against due process.) Any system of border laws whatever will always produce special prisons and special courts for the administration of the federal Fugitive Alien Acts, in which those imprisoned and judged will be stripped of basic privileges or immunities, and denied any realistic hope of recourse for crimes committed against them.

When Anarchists speak about a society based on consent, and when we say that we can settle any genuine issue of socio-economic coordination and community life through consensual, grassroots processes of negotiation and free association or dissociation — without government armies, government borders, or government prisons — we are constantly accused, by some sanctimonious know-it-all who presumes that repeating statist chestnuts amounts to hard-nosed realism and some special expertise in history and in the problems of life, of being utopians, whose ideas have no hope of practical workability. But as a matter of fact, we Anarchists have nothing on those who imagine that there can be some right way to run statist institutions, with the right policies in place and with virtuous and competent people to administer them, that will somehow avoid the predictable results that have happened in every other government institution like it. It takes the most naive sort of utopianism, and the cruelest sort of killing negligence, to go on pretending, in the face of both logic and historical evidence, that there is some possible way for government to construct systems of special tribunals in which people are treated as legal non-persons, without bringing along what this sort of thing has always and everywhere produced — effectively unchecked power by the government over its prisoners, who are granted no rights and given no recourse, and, what always follows unchecked power, rampant brutality, negligence, lying, death, and disappearance. There is no way to do it, no way at all. You cannot enforce border laws without constructing a system like that, and you cannot construct a system like that without, eventually, to a greater or a lesser degree, repeating every brutality and every horror that has always come along with every system of legal black holes, special security courts, and concentration camps that the world has ever known.

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