Tag Archives: 4th amendment

The Dangers of the Expanding National Security State: The Drumhead

 

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Lieutenant Worf: “Sir, the Federation does have enemies. We must seek them out.”


Captain Jean-Luc Picard: “Oh, yes. That’s how it starts. But the road from legitimate suspicion to rampant paranoia is very much shorter than we think. Something is wrong here, Mister Worf. I don’t like what we have become.”

Back in 1991 when I was still in seminary I spent every Saturday evening glued to my television set to watch Star Trek the Next Generation.  Even today I enjoy watching the human drama that Gene Roddenberry and his cohorts created on the small screen.  Of all the Star Trek series my favorites are TNG and Deep Space Nine. Those series often touched on very pertinent social, political, medical, and technological and dare I say national security issues. In fact I have used some Deep Space Nine episodes in my previous posts about the NSA leak situation and the War on Terrorism.

One of the most chilling episodes regarding national security and potential terrorism or sabotage is called “The Drumhead.” In light of the the ever expanding National Security State and the ability of governments, private industry and even individuals to use technology to gather information on almost anyone and to abuse that power, The Drumhead is an episode that remains as relevant today, perhaps even more so, than when it first aired in 1991.

The episode is about an investigation that takes place on the Enterprise following an explosion in its engineering spaces.  Suspicion centers on a Klingon exchange officer. However, the investigator, the retired Starfleet Judge Advocate General, Nora Satie and her Betazed assistant soon casts a wide net which eventually brings charges against a crew member and eventually Captain Picard.

At first Admiral Satie’s investigation seems reasonable. After all the Federation faced danger from the Romulans, who were always trying to use Klingons unhappy with the Federsation-Klingon peace treaty, to further their interests. The initial situation raised the possibility that the Enterprise, was sabotaged and that the Klingons or others might be involved.  Thus as Sati began her investigation she was welcomed by the Captain as well as the Security Chief, Lieutenant Worf, the only Klingon serving as a Starfleet officer.  Satie, assisted by Enterprise security officers then discovered how the Klingon scientist smuggled classified information off the Enterprise.

The Chief Engineer of the Enterprise, Lieutenant Commander LeForge determined in his investigation that the explosion thought to be “sabotage” was caused by a flaw in a recently replaced dilithium chamber.  Although she was convinced that the Klingon was not the saboteur Satie believed that another saboteur was aboard the Enterprise.  Satie and her assistant uncovered a piece of information that a crewman lied about his family background on his enlistment contract. They then used it to connect the crewman to to the Klingon spy by supplying false information about the explosion in an attempt to get the crewman to admit guilt.

As the investigation widened Picard discussed it with Lieutenant Worf. I find this dialogue to be quite relevant to today thirteen years into the war on terror and about the same amount of time since the Patriot Act was passed.

Lieutenant Worf: “Sir, the Federation does have enemies. We must seek them out.”


Captain Jean-Luc Picard: “Oh, yes. That’s how it starts. But the road from legitimate suspicion to rampant paranoia is very much shorter than we think. Something is wrong here, Mister Worf. I don’t like what we have become.”

When Picard objected to the grilling of the crewman, Admiral Satie and her chief assistant began an investigation of Picard.  As she informed him that he was now a subject of the investigation, the normally calm Picard erupted, telling Sati;  “Admiral! What you’re doing here is unethical; it’s immoral. I’ll fight it.” Admiral Sati then laid down the gauntlet, and told Picard, “Do what you must, Captain. And so will I.”

Admiral Satie called on the Director of Starfleet Security, Admiral Henry, to watch her interrogate Picard who she had by now labeled a traitor.

Picard forced to testify at an open hearing where Sati began to attack him. However, the tables are turned during Picard’s testimony. The dialogue is riveting as Sati attempts to use anything that she can to prove Picard a traitor the the Federation.

Admiral Satie: Tell me, Captain, have you completely recovered from your experience with the Borg?
Captain Jean-Luc Picard: Yes, I have completely recovered.
Admiral Satie: It must have been awful for you… actually becoming one of them. Being forced to use your vast knowledge of Starfleet operations to aid the Borg. Just how many of our ships were lost? Thirty-nine? And a loss of life, I believe, measured at nearly 11,000. One wonders how you can sleep at night, having caused so much destruction. I question your actions, Captain; I question your choices, I question your loyalty!
Capt. Picard: You know there are some words I’ve known since I was a schoolboy: “With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied, chains us all irrevocably.” Those words were uttered by Judge Aaron Satie, as wisdom and warning. The first time any man’s freedom is trodden on, we’re all damaged. I fear that today…
Admiral Satie: [stands up in anger and interrupts Picard] How dare you! You who consort with Romulans, invoke my father’s name to support your traitorous arguments! It is an offense to everything I hold dear! And to hear those words used to subvert the United Federation of Planets. My father was a great man! His name stands for integrity and principle. You dirty his name when you speak it! He loved the Federation. But you, Captain, corrupt it. You undermine our very way of life. I will expose you for what you are. I’ve brought down bigger men than you, Picard! [Admiral Henry gets up and leaves the room]

With Sati obviously unhinged, Admiral Henry ends the investigation and sends Admiral Satie home.

Of course this is fiction but the mindset and attitude of Admiral Satie seems to have been embraced by some in our government and security agencies, including the TSA and the NSA. But the talk is out there, former Senator and Secretary of Defense William J. Cohen said: “Terrorism is escalating to the point that Americans soon may have to choose between civil liberties and more intrusive means of protection.”

Well the choice has been made and I don’t think that there is any going back despite the posturing of politicians on both sides of the political divide. The fact is that polls show that the majority of Americans are willing to sacrifice freedoms for security.
Sati had become so consumed with “defending liberty” that she was willing to trample the rights of anyone that she suspected of disloyalty to the Federation.  

Sati’s questioning of Picard by is fascinating and thought provoking, because there are people that think and act just her fictional character. People who believe, that they too are defending “freedom.”

Frederick Douglass once said: “Find out just what the people will submit to and you have found out the exact amount of injustice and wrong which will be imposed upon them; and these will continue until they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress.”

The balance has to be found in this effort; right now the pendulum is so far to the security side that it seems freedom is no longer even a concern at least for the vast majority of the population and our political leadership, and not just the Executive Branch, the Congress seems to love making new laws that further limit freedom, local governments have militarized their police forces and the courts don’t seem to mind. Unless we undertake a real debate in the issue it is very likely that it will fade away and the national security state that we have become will grow even stronger with the inevitable loss of even more civil liberties.

One only has to look at what politicians on both sides of the political chasm have said about “protecting the homeland” to realize that this is only the beginning and that if we do not have a spirited public debate that we risk our Constitutional liberties under the 4th Amendment as well as potentially the 1st Amendment. Prosecuting actual wrongdoers is one thing, but prominent legislators on important committees dealing with national security suggest prosecuting reporters for doing their job, something that would be a crushing blow to freedom of speech and freedom of the press. The fact that some suggest this shows how just how close we are to surrendering even more freedom in the name of security.

The last scene of The Drumhead is enlightening. Lieutenant Worf, who had so eagerly embraced the investigation, goes to Picard to let him know that Admiral Satie and Admiral Henry have left the Enterprise. Worf is apologetic about his rather overzealous role in the investigation. He tells Picard about Sati: “after yesterday, people will not be so ready to trust her.” Picard replies “Maybe. But she, or someone like her, will always be with us, waiting for the right climate in which to flourish, spreading fear in the name of righteousness. Vigilance, Mister Worf – that is the price we have to continually pay.”

Eternal vigilance in the face of both terrors from abroad and self imposed tyranny designed to protect us from the terrorists. Yes James Madison, was absolutely right when he said “The means of defense against foreign danger historically have become the instruments of tyranny at home.” However I fear that those that warn of such dangers will themselves be labeled the enemy.

Henry Steele Commager said “Men in authority will always think that criticism of their policies is dangerous. They will always equate their policies with patriotism, and find criticism subversive.” This, my friends is the reality that we live in and the danger that we face.

Peace

Padre Steve+

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The NSA Leaks, Star Trek the Next Generation and the War on Terror: Revisiting the Drumhead

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“But she, or someone like her, will always be with us, waiting for the right climate in which to flourish, spreading fear in the name of righteousness. Vigilance, Mister Worf – that is the price we have to continually pay.” Captain Lean Luc Picard to LT Worf in “The Drumhead” 

Back in 1991 when I was still in seminary I spent every Saturday evening glued to my television set to watch Star Trek the Next Generation.  Even today I enjoy watching the human drama that Gene Roddenberry and his cohorts created on the small screen.  Of all the Star Trek series my favorites are TNG and Deep Space Nine. Those series often touched on very pertinent social, political, medical, and technological and dare I say national security issues. In fact I have used some Deep Space Nine episodes in my previous posts about the NSA leak situation and the War on Terrorism.

One of the most chilling episodes regarding national security and potential terrorism or sabotage is called “The Drumhead.” In light of the current charges and counter charges around the NSA leaks, Edward Snowden, the Boston Marathon bombing and the overt politicization of the terrorist attack on the US Consulate in Benghazi Libya it is an episode that remains especially pertinent.

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The episode is about an investigation that takes place on the Enterprise following an explosion in its engineering spaces.  Suspicion centers on a Klingon exchange officer but the investigator, the retired Starfleet Judge Advocate General a woman named Nora Satie and her Betazed assistant soon casts a wide net which eventually brings charges against a crew member and eventually Captain Picard.

At first Admiral Satie’s investigation seems reasonable. After all the Federation was in danger and there was a possibility that Flagship of Starfleet was sabotaged and there was the possibility that the Klingons or others might be involved.  Thus as she began her investigation she was welcomed by the Captain as well as the Security Chief, Lieutenant Worf, the only Klingon serving as a Starfleet officer.  Satie investigation which is assisted by Enterprise officers find out how the Klingon scientist smuggled classified information off the Enterprise.

Lieutenant Commander LeForge determines in his investigation that the explosion thought to be “sabotage” was caused by a flaw in a recently replaced dilithium chamber.  Although convinced that the Klingon is not the saboteur Satie is convinced that another saboteur is aboard the Enterprise.  Satie and her assistant uncover a piece of information that a crewman lied about his family background on his enlistment contract. They then use it to attempt to connect the crewman to to the Klingon spy by supplying false information about the explosion in an attempt to get the crewman to admit guilt.

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As the investigation widens Picard discusses it with Lieutenant Worf. I find this dialogue to be quite relevant to today in the twelfth year of the War on Terror and the passage of the Patriot Act.

Lieutenant Worf: “Sir, the Federation does have enemies. We must seek them out.”
Captain Jean-Luc Picard: “Oh, yes. That’s how it starts. But the road from legitimate suspicion to rampant paranoia is very much shorter than we think. Something is wrong here, Mister Worf. I don’t like what we have become.” 

When Picard objects to the grilling of the crewman, Admiral Satie and her chief assistant begin an investigation of Picard.  He confronts the admiral saying:  “Admiral! What you’re doing here is unethical; it’s immoral. I’ll fight it.” And the Admiral replies “Do what you must, Captain. And so will I.”

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This brings about the final confrontation where Admiral Satie calls a Senior Admiral from Starfleet to watch her interrogate Picard who she has labeled a traitor. The investigation ends with her interrogating him and in the process revealing that she has become so consumed with “defending liberty” that she is willing to trample the rights of anyone that she suspects of disloyalty to the Federation.  The questioning of Picard by the Admiral is fascinating and thought provoking because there are people that think and act just like the Admiral, believing like her that they are defending the United States or in her case the Federation.

Admiral Satie: Tell me, Captain, have you completely recovered from your experience with the Borg?

Captain Jean-Luc Picard: Yes, I have completely recovered.

Admiral Satie: It must have been awful for you… actually becoming one of them. Being forced to use your vast knowledge of Starfleet operations to aid the Borg. Just how many of our ships were lost? Thirty-nine? And a loss of life, I believe, measured at nearly 11,000. One wonders how you can sleep at night, having caused so much destruction. I question your actions, Captain; I question your choices, I question your loyalty! 

Capt. Picard: You know there are some words I’ve known since I was a schoolboy: “With the first link, the chain is forged. The first speech censured, the first thought forbidden, the first freedom denied, chains us all irrevocably.” Those words were uttered by Judge Aaron Satie, as wisdom and warning. The first time any man’s freedom is trodden on, we’re all damaged. I fear that today…

Admiral Satie: [stands up in anger and interrupts Picard] How dare you! You who consort with Romulans, invoke my father’s name to support your traitorous arguments! It is an offense to everything I hold dear! And to hear those words used to subvert the United Federation of Planets. My father was a great man! His name stands for integrity and principle. You dirty his name when you speak it! He loved the Federation. But you, Captain, corrupt it. You undermine our very way of life. I will expose you for what you are. I’ve brought down bigger men than you, Picard! [Admiral Henry gets up and leaves the room]

Admiral Henry ends the investigation then and there and sends Admiral Satie home.  Of course this is fiction but the mindset and attitude of Admiral Satie seems to have been embraced by some in our government and security agencies, including the TSA and the NSA. But the talk is out there, former Senator and Secretary of Defense William J. Cohen said: “Terrorism is escalating to the point that Americans soon may have to choose between civil liberties and more intrusive means of protection.” Well the choice has been made and I don’t think that there is any going back despite the posturing of politicians on both sides of the political divide. The fact is that polls show that the majority of Americans are willing to sacrifice freedoms for security.

Frederick Douglass once said:Find out just what the people will submit to and you have found out the exact amount of injustice and wrong which will be imposed upon them; and these will continue until they are resisted with either words or blows, or with both. The limits of tyrants are prescribed by the endurance of those whom they oppress.” 

I contend that we must fight this war but in the process not lose who we are as a people and surrender the ideals, principles and freedoms that made us the envy of people everywhere.  While Edward Snowden may have acted illegally and for all we know may now be attempting to work some kind of deal with the Communist Chinese to keep himself out of the United States justice system. Since what he revealed to Glenn Greenwald actually is a matter that needs serious debate by Congress, the administration and the body politic I think it would be better for him and the country if he came back and stood trial rather than hiding out in a country that repeatedly attacks us with cyber warfare. I think that Snowden damages his credibility by fleeing and in the process will derail the debate that is needed on how we balance legitimate security concerns without destroying our political system and hard won freedoms in the process.

The balance has to be found in this effort; right now the pendulum is so far to the security side that it seems freedom is no longer even a concern at least for the vast majority of the population and our political leadership. The current situation has raised the issue but unless we undertake a real debate in the issue it is very likely that it will fade away and the national security state that we have become will grow even stronger with the inevitable loss of even more civil liberties.

One only has to look at what politicians on both sides of the political chasm have said about “protecting the homeland” to realize that this is only the beginning and that if we do not have a spirited public debate that we risk our Constitutional liberties under the 4th Amendment as well as potentially the 1st Amendment.

The latter is a real possibility not in the matter of Snowden, but Greenwald and other reporters who did their job reporting the story. Republican Representative Peter King has urged that charges be brought against the reporters. Prosecuting Snowden is one thing, should we be able to get him back because he did break the law, even if one agrees with his reasoning for doing so. However prosecuting reporters for doing their job is something that would be chilling. I cannot see that happening, but the fact that a prominent legislator on important committees dealing with national security would suggest it shows how close we are to surrendering even more freedom in the name of security.

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The last lines of “The Drumhead” are interesting. Lieutenant Worf comes to Picard to let him know that Admiral Satie and Admiral Henry have left the Enterprise. Worf is apologetic about his rather overzealous role in the investigation and realizing the danger says: “after yesterday, people will not be so ready to trust her.” To which Picard replies Maybe. But she, or someone like her, will always be with us, waiting for the right climate in which to flourish, spreading fear in the name of righteousness. Vigilance, Mister Worf – that is the price we have to continually pay.” 

Eternal vigilance in the face of both terrors from abroad and self imposed tyranny designed to protect us from the terrorists. Yes James Madison, God bless him was absolutely right when he said The means of defense against foreign danger historically have become the instruments of tyranny at home.” However I fear that those that warn of such dangers will themselves be labeled the enemy.

Henry Steele Commager said Men in authority will always think that criticism of their policies is dangerous. They will always equate their policies with patriotism, and find criticism subversive.” This, my friends is the reality that we live in and the danger that we face.

Peace

Padre Steve+

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Security and Freedom the Precarious Balance: Looking at the NSA Leaks and Terrorist Threats in Light of Star Trek Deep Space Nine

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Odo: Am I the only one who’s worried that there are still Changelings here on Earth?

Joseph Sisko: Worried? I’m scared to death. But I’ll be damned if I’m gonna let them change the way I live my life.

Captain Sisko: If the Changelings want to destroy what we’ve built here, they’re going to have to do it themselves. We will not do it for them.

The current leaks of FISA documents regarding NSA data phone and internet collection programs including the PRISM program by ex Booz Allen Hamilton employee Edward Snowden have provoked a long needed debate. That debate is less about Snowden then it is about the broader issues that have been shunted to the side in the wake of the 9-11-2001 attacks and the passage of the Patriot Act.

Of course much of the debate right now is about Snowden himself, his actions, his loyalties, his motives and institutional questions regarding how he was given such broad access to Top Secret documents not directly related to his job. As important as the later is, the more critical issue is how we as a republic governed in a democratic manner balance legitimate security needs and individual liberty.

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I wrestle with these issues all the time as a Priest, historian, theologian, ethicist and Naval Officer. I am a civil libertarian who also happens to know a thing or two about National Security policy. The fact is that as much some pundits and politicians are ready to jump off the edge entirely on one side of the divide or the other, their previous political differences notwithstanding we see men and women lining up to praise or condemn Edward Snowden with little regard to the deeper issues involved.

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The real question is how we balance the legitimate need for security with freedom and regard for Constitutional liberties. The fact is there are terrorists in our midst. The Tsaraev brothers who carried out the Boston Marathon bombing are a case in point. There are others who I am sure are interested in or capable of much more devastating attacks. Somehow we have to attempt to protect our people and way of life without destroying the Constitution and our liberties in the process.

In the Star Trek Deep Space Nine Episodes Homefront and Paradise Lost four Changelings from the Dominion reach Earth and in a series of relatively minor terrorist attacks create a chaotic situation. In response Starfleet officers take drastic action to convince the Federation President and Council to declare what amounts to Martial Law and the suspension of civil liberties on Earth.

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One of the Changelings takes the form of Chief O’Brien and contacts Captain Sisko, who due to his experience in the Dominion War and with Shape Shifters was recalled to Earth to assist Starfleet Command. The Changeling engages Sisko in a conversation near Starfleet Headquarters.

Changeling: Let me ask you a question. How many Changelings do you think are here on Earth right at this moment?

Captain Sisko: I’m not going to play any guessing games with you.

Changeling: Ah. What if I were to tell you that there are only four on this entire planet? Huh? Not counting Constable Odo, of course. Think of it – just four of us. And look at the havoc we’ve wrought.

The thing it it doesn’t take many terrorists to disrupt a society but at the same time the society’s response can dictate how deep the impact of the terrorists are on it. Terrorists create suspicion and tend to make people distrust others, in fact anyone that might be different than them. The response to terrorist attacks or threats is frequently disproportionately felt by regular citizens, anyone who has flown on a commercial airline in the United States since 9-11, the passage of the Patriot Act and formation of the TSA can testify.

While security at airports may be an inconvenience the fact is that the Patriot Act also gives Law Enforcement, Intelligence and Military agencies tremendous powers to collect human and electronic data on almost any citizen. Likewise the act increased the powers of these agencies under existing counter-intelligence laws. Some say that they have actually gutted the protections 4th Amendment and that may actually be a valid point.

The conversation between Sisko and the Changeling ends when the O’Brien Changeling comments “We do not fear you the way you fear us. In the end, it’s your fear that will destroy you.”

I think that really is what we have to watch out for in this War on Terrorism. It is far too easy to in our quest for security to destroy the very foundations of our governmental system. The sad thing is that history shows us how this can happen, wars without end and suspicions of enemies within and without have destroyed civilizations and transformed republics like Athens and Rome into tyrannies.

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Fear is an amazing thing. It triggers responses that are almost predictable. In the Homefront episode were civilian family members of Starfleet personnel are forced to give blood samples to prove that they are not Changelings masquerading as them Captain Sisko’s elderly father Joseph objects and eventually is able to avoid being tested, over the objections of his son who in in charge of the program.

Joseph Sisko: Benjamin Lafayette Sisko, what the hell has gotten into your head? You actually thought I was one of them, didn’t you?

Captain Sisko: I don’t know. I wasn’t sure.

Joseph Sisko: This business has got you so twisted around, you… you can’t think straight. You’re seeing shapeshifters everywhere! Maybe you ought to think about something for a minute. If I was a smart shapeshifter, a really good one, the first thing I would do would be to grab some poor soul off the street, absorb every ounce of his blood and let it out on cue whenever someone like you tried to test me. Don’t you see? There isn’t a test that’s been created a smart man can’t find his way around.

The truth of the matter is that regardless of what happens with Edward Snowden that we really need to look at and have a real discussion of what in the name of security we are willing to give up and what we are not. Technology has increased in ways that most people never imagined that it would be able to do, and that we could not imagine non-state terrorist enemies using against us.

Those are hard questions and they require a serious discussion. If we don’t have that discussion we will be the ones that destroy our way of life and republic and not any terrorist.

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As the Paradise Lost episode comes to its climax Captain Sisko confronts the Starfleet Admiral who has implemented the martial law degree on earth.

Admiral Leyton: You’ve always had a strong sense of duty.

Captain Sisko: My duty is to protect the Federation.

Admiral Leyton: That’s what we’re trying to do.

Captain Sisko: What you’re trying to do is to seize control of Earth and place it under military rule.

Admiral Leyton: If that’s what it takes to stop the Dominion.

Captain Sisko: So you’re willing to destroy Paradise in order to save it?

I think that Sisko’s final question is something that we need to ask those that would use the law, even bad laws to gain security but which ultimately could destroy us.

Until tomorrow.

Peace

Padre Steve+

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