September 23, 2022:
Information Clearing House-- Our glittering nation
of laws observes this year two birthdays: the
70th anniversary of the National Security
Agency, on which my thoughts have been
recorded, and the 75th anniversary of the
Central Intelligence Agency.
The CIA was founded in the wake of the 1947
National Security Act. The Act foresaw no need
for the Courts and Congress to oversee a simple
information-aggregation facility, and therefore
subordinated it exclusively to the President,
through the National Security Council he
controls.
In 1963, no less than former President Harry
Truman
confessed that the very agency he personally
signed into law had transformed into something
altogether different than he intended, writing:
“For some time I have been disturbed by
the way CIA has been diverted from its
original assignment. It has become an
operational and at times a policy-making arm
of the Government. This has led to trouble…”
Many today comfort themselves by imagining
that the Agency has been reformed, and that such
abuses are relics of the distant past, but what
few reforms our democracy has won have been
watered-down or compromised. The limited
“Intelligence Oversight” role that was
eventually conceded to Congress in order to
placate the public has never been taken
seriously by either the committee’s
majority—which prefers cheerleading over
investigating—or by the Agency itself, which
continues to conceal politically-sensitive
operations from the very group most likely
to defend them.
How can we judge the ultimate effectiveness
of oversight and reforms? Well, the CIA
plotted to assassinate my friend, American
whistleblower Daniel Ellsberg, in 1972, yet
nearly fifty years of “reforms” did little to
inhibit them from recently
sketching out another political murder targeting
Julian Assange. Putting that in perspective,
you probably own shoes older
than the CIA’s most recent plot to murder a
dissident... or rather the most recent plot that we know of.
If you believe the Assange case to be a
historical anomaly, some aberration unique to
Trump White House, recall that the CIA’s
killings have continued in series across
administrations. Obama ordered the killing of
an American far from any battlefield, and
killed his 16 year-old American
son a few weeks later, but the man’s
American daughter was still alive by the time
Obama left.
Within a month of entering the White House,
Trump
killed her.
They stripped him naked, save a diaper he
couldn’t change, in a cold so wicked that his
guards, in their warm clothes, ran
heaters for themselves. In absolute darkness,
they bolted his hands and feet to a single point
on the floor with a very short chain so that it
was impossible to stand or lie down – a practice
called “short shackling” – and after he died,
claimed that it was for his own safety. They
admit to beating him, even describing the
“forceful punches.” They describe the blood that
ran from his nose and mouth as he died.
Pages later, in their formal conclusion, the
Agency declares that there was no evidence of
beating. There was no of evidence torture. The
CIA ascribes responsibility for his death to
hypothermia, which they blamed on him
for the crime of refusing, on his final night, a
meal from the men that killed him.
In the aftermath, the Agency concealed the
death of Gul Rahman from his family. To this
day, they refuse to reveal what happened to his
remains, denying those who survive him a burial,
or even some locus of mourning.
Ten years after the torture program
investigated, exposed, and ended, no one was
charged for their role in these crimes. The man
responsible for Rahman’s death was recommended
for a $2,500 cash award — for
“consistently superior work”.
This summer, in a
speech marking the occasion of the CIA's
75th birthday, President Biden struck a quite
different note than he did in Philadelphia,
reciting what the CIA instructs all presidents:
that the soul of the institution really lies in
speaking truth to power.
“We turn to you with the big questions,”
Biden said, “the hardest questions. And we count
on you to give your best, unvarnished assessment
of where we are. And I emphasize
‘unvarnished.’”
But this itself is a variety of varnishing —
a whitewash.
For what reason do we aspire to maintain — or
achieve — a nation of laws, if not to establish
justice?
Let us say we have a democracy, shining and
pure. The people, or in our case some subset of
people, institute reasonable laws to which
government and citizen alike must answer. The
sense of justice that arises within such a
society is not produced as a result of the mere
presence of law, which can be tyrannical and
capricious, or even elections, which face their
own troubles, but is rather derived from the
reason and fairness of the system
that results.
What would happen if we were to insert into
this beautiful nation of laws an extralegal
entity that is not directed by the people, but a
person: the President? Have we protected the
nation’s security, or have we placed it at risk?
This is the unvarnished truth: the
establishment of an institution charged with
breaking the law within a nation of
laws has mortally wounded its founding
precept.
From the year it was established, Presidents
and their cadres have regularly directed the CIA
to go beyond the law for reasons that cannot be
justified, and therefore must be concealed —
classified. The primary result of the
classification system is not an increase in
national security, but a decrease in
transparency. Without meaningful transparency,
there is no accountability, and without
accountability, there is no learning.
The consequences have been deadly, for both
Americans and our victims. When the CIA armed
the Mujaheddin to wage war on Soviet
Afghanistan, we created al-Qaeda’s Osama bin
Laden.
Ten years later, the CIA is arming,
according to then-Vice President Joe Biden, "al-Nusra,
and Al-Qaeda and the extremist elements of
jihadis coming from other parts of the world."
After the CIA runs a disinformation operation to
make life hard for the Soviet Union by fueling a
little proxy war, the war rages for
twenty-six years— far beyond the
Union’s collapse.
Do you believe that the CIA today — a CIA
free from all consequence and accountability —
is uninvolved in similar activities? Can you
find no presence of their fingerprints in the
events of the world, as described in the
headlines, that provide cause for concern? Yet
it is those who question the wisdom of
placing a paramilitary organization beyond the
reach of our courts that are dismissed as
“naive.”
For 75 years, the American people have been
unable to bend the CIA to fit the law, and so
the law has been bent to fit the CIA. As Biden
stood on the crimson stage, at the site where
the Declaration of Independence and Constitution
were debated and adopted, his words rang out
like the cry of a cracked-to-hell Liberty Bell:
“What's happening in our country is not normal.”
If only that were true.
Edward Joseph Snowden is an American
former computer intelligence consultant who
leaked highly classified information from the
National Security Agency in 2013, when he was an
employee and subcontractor.
https://edwardsnowden.substack.com
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