By James Bovard
February 13, 2021 "Information
Clearing House" - “Tyranny in form is the
first step towards tyranny in substance,” warned
Senator John Taylor two hundred years ago in his
forgotten classic,
Tyranny Unmasked. As the massive
National Guard troop deployment in Washington enters
its second month, much of the media and many members
of Congress are thrilled that it will extend until
at least mid-March. But Americans would be wise to
recognize the growing perils of the militarization
of American political disputes.
The military occupation of Washington was
prompted by the January 6 clashes at the Capitol
between Trump supporters and law enforcement, in
which three people (including one Capitol policeman)
died as a result of the violence. Roughly eight
hundred protestors and others unlawfully entered the
Capitol, though many of them entered nonviolently
through open doors and most left without incident
hours later.
The federal government responded by deploying
twenty-five thousand National Guard troops to
prevent problems during President Joe Biden’s
swearing-in—the first inauguration since 1865
featuring the capital city packed with armed
soldiers. Protests were
almost completely banned in Washington for the
inauguration.
Instead of ending after the muted inauguration
celebration, the troop deployment was extended for
the Senate impeachment trial. Senator Chris Murphy
(D-CT)
declared, “So long as Donald Trump is empowered
by Senate Republicans, there is still the chance
that he is going to incite another attempt at the
Capitol.” But the Senate vote on Senator Rand Paul’s
(R-KY) motion labeling the trial as unconstitutional
signaled that the trial will be anticlimactic
because Trump is unlikely to be convicted. The
actual trial may be little more than a series of
pratfalls, alternating between histrionic Democratic
House members and wild-swinging, table-pounding
Trump lawyers. A pointless deluge of political
vitriol will make a mockery of Biden’s calls for
national unity.
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Then the troop deployment was extended into at
least mid-March because of unidentified threats made
to members of Congress. Acting Army Secretary John
Whitley
announced last week: “There are several upcoming
events—we don't know what they are—over the next
several weeks, and they're concerned that there
could be situations where there are lawful protests,
First Amendment–protected protests, that could
either be used by malicious actors, or other
problems that could emerge.”
“We don’t know what they are” but somebody heard
something somewhere, so the military deployment will
continue. Threats have occurred in waves
toward members of Congress at least since the farm
crisis of the 1980s, but prior menacing did not
result in the occupation of the capital city.
Perpetuating the troop deployment is also being
justified by melodramatic revisionism. In
congressional testimony last week, Capitol Police
acting chief Yogananda Pittman
described the January 6 clash at the Capitol as
“a terrorist attack by tens of thousands of
insurrectionists.” Apparently, anyone who tromped
from the scene of Trump’s ludicrous “I won by a
landslide” spiel to the Capitol was a terrorist, or
at least an “insurrectionist” (which is simply
“terrorist” spelled with more letters). Is “walking
on the Mall with bad thoughts” sufficient to get
classified as a terrorist in the Biden era?
Placing thousands of troops on the streets of the
nation’s capital could be a ticking time bomb. The
longer the National Guard is deployed in Washington,
the greater the peril of a Kent State–caliber
catastrophe. The Ohio National Guard’s volley of
fire in 1970 that killed four students and wounded
nine others was a defining moment for the Vietnam
era.
Forty years later, the Cleveland Plain Dealer
published an investigation of the Kent State
shooting based on new analyses of audio recordings
from the scene. The Plain Dealer
concluded that an FBI informant who was
photographing student protestors fired four shots
from his .38-caliber revolver after students began
threatening him. That gunfire started barely a
minute before the Ohio National Guard opened fire.
Gunshots from the FBI informant apparently spooked
guard commanders into believing they were taking
sniper fire, spurring the order to shoot students.
The informant denied having fired, but witnesses
testified differently. (The FBI hustled the
informant from the scene and he later became an
undercover narcotics cop in Washington, DC.) Though
there is no evidence that the FBI sought to provoke
carnage at Kent State, FBI agents involved in
COINTELPRO (the Counterintelligence Program) in the
1960s and 1970s boasted of “false flag” operations
which
provoked killings.
If some malicious group wanted to plunge this
nation into chaos and fear, National Guard troops at
a checkpoint would be an easy target—at least for
the first moments after they were fired upon (most
of the troops do not have ammo magazines in their
rifles). The sweeping reaction to January 6 might be
far surpassed if troops are gunned down regardless
of whether the culprits were right-wing extremists,
Antifa, or foreign infiltrators. An attack on the
troops would likely perpetuate the military
occupation and potentially spur Biden to declare
martial law.
Last spring, when riots erupted after the killing
of George Floyd in Minneapolis, President Trump
warned that “the
Federal Government will step in and do what has
to be done, and that includes using the unlimited
power of our Military and many arrests.” Many
activists were justifiably appalled at the specter
of Trump seizing dictatorial power over areas
wracked by violent protests. But the danger remains
regardless of who is president.
Martial law is the ultimate revocation of
constitutional rights: anyone who disobeys soldiers’
orders can be shot. There are plenty of malevolent
actors here and abroad who would relish seeing
martial law declared in Washington, the paramount
disgrace for the world’s proudest democracy.
Unfortunately, Biden would have plenty of support
initially if he proclaimed that violence in
Washington required him to declare martial law. As
the Washington Post noted in 2018, a public
opinion poll showed that 25 percent of Americans
believed “a
military takeover was justified if there were
widespread corruption or crime.” The Journal of
Democracy reported that polls showed that
only 19 percent of Millennials in the
US believed that it would be illegitimate “in a
democracy for the military to take over when the
government is incompetent or failing to do its job.”
But trusting to military rule for Millennial wish
fulfillment would be the biggest folly of them all.
Support for martial law is the ultimate proof of
declining political literacy in this nation.
Regardless of the risks, some politicians are
clinging to the presence of the troops in Washington
like Linus clutching his “security blanket” in a
Peanuts cartoon. Will we now see regular alarms
from a long series of politicians and political
appointees working to “keep up the fear”?
History is littered with stories of nations
scourged by “temporary” martial law that perpetuated
itself. Anyone who believes America is immune should
recall Senator Taylor’s 1821 warning against
presuming “our good theoretical system of government
is a sufficient security against actual tyranny."
James Bovard is the author of ten books,
including 2012’s Public Policy Hooligan,
and 2006’s Attention Deficit Democracy.
He has written for the New York Times,
Wall Street Journal, Playboy,
Washington Post, and many other
publications.
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