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“Inter Arma Enim Silent Leges” Between Civil Liberties and National Security: Exploring the National Security State Through Star Trek Deep Space Nine

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“A popular government, without popular information, or the means of acquiring it, is but a prologue to a farce or a tragedy; or, perhaps both.” James Madison

I am amazed when I read the reports about the activities of the National Security Agency and the reactions of of citizens to them. I know that I feel a sense of apprehension about those activities. The national security state and the seeming all pervasive security and surveillance apparatus which demolishes any sense of privacy, especially the protections enunciated in the Fourth Amendment and to some extent the First Amendment.

I also feel, or rather understand from history and empirical evidence that many others, many from unfriendly countries do not share those apprehensions. It makes for an ethical, legal and even constitutional conundrum that I am not sure if anyone of us is quite comfortable with and perhaps maybe we shouldn’t be.

It is very easy on one hand in light of history, our Constitution and democratic process to condemn the NSA, the FISA courts and other lawfully constituted agencies and those that drafted the laws over the decades that allow the activities which they now conduct.

Likewise it is equally easy in light of history, current events and national security to jump to the other side of the fence and and not only defend the activities of the NSA and demonize those that expose their activities.

I find looking at such issues in light of Star Trek sometimes more interesting and provocative than simply doing the whole moralizing pundit thing. The fact that the particular episode of this Star Trek Deep Space Nine series was aired well before the events of 9-11-2001 and the subsequent Global War on Terror make it more interesting. The episode deals with an agency in Starfleet that is secretive, but legal operating in the gray areas between the ideals of the Federation and the threats that it faces. Even when the Federation is a peace, Section 31, as it is called is engaged in activities against historic or potential enemies.

At the beginning of the Deep Space Nine Episode Inter Arma Enim Silent Leges the head of Section 31, a man only known as Sloan comes back to Doctor Bashir to involve him in an operation, spying on the Romulans who are working with the Federation against the Dominion.

BASHIR: You want me to spy on an ally.
SLOAN: To evaluate an ally. And a temporary ally at that. I say that because when the war is over, the following will happen in short order. The Dominion will be forced back to the Gamma Quadrant, the Cardassian Empire will be occupied, the Klingon Empire will spend the next ten years recovering from the war and won’t pose a serious threat to anyone. That leaves two powers to vie for control of the quadrant, the Federation and the Romulans.
BASHIR: This war isn’t over and you’re already planning for the next.
SLOAN: Well put. I hope your report is equally succinct.
BASHIR: How many times do I have to tell you, Sloan? I don’t work for you.
SLOAN: You will. It’s in your nature. You are a man who loves secrets. Medical, personal, fictional. I am a man of secrets. You want to know what I know, and the only way to do that is to accept the assignment.

The fact is that the situation we face today and the arguments of both sides should make us uncomfortable. The fact is that like it or not or not the incredibly rapid technical and communication advances of the past couple of decades have primed us for our present time. Likewise they have also enabled a generation to grow up in a virtual world in many ways detached from the moral and ethical balances of individual rights and liberties as well responsibility to community. All the wonderful gadgets that we employ in everyday life make it easy for enemies and “friends” to do things that were unimaginable to people other than science fiction writers even twenty to thirty years ago. Likewise they were must certainly beyond the most wild imaginations of any of the founders of this country or drafters of the Constitution. The reality is, the things that make are lives so easy are also the things that are potential instruments of our destruction.

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That being said throughout history, even our own there have been operatives within the government in charge of secrets, and even spies. In the Inter Arma Enim Silent Leges episode we see an operation that is full of duplicity and moral ambiguity all committed in the name of security. It involves the mysterious Section 31 and Starfleet Admiral Ross who attempt to use Doctor Bashir to double cross a Romulan Senator who had been working with the Federation to keep the secret of the head of the Romulan secret police who is a Federation agent. When Doctor Bashir figures out the plot he confronts the Admiral. Part of their exchange is very enlightening because it practically mirrors how many on both the civil liberties and the national security side of the current controversy feel about the War on Terror.

BASHIR: You don’t see anything wrong with what happened, do you.
ROSS: I don’t like it. But I’ve spent the last year and a half of my life ordering young men and young women to die. I like that even less.
BASHIR: That’s a glib answer and a cheap way to avoid the fact that you’ve trampled on the very thing that those men and women are out there dying to protect! Does that not mean anything to you?
ROSS: Inter arma enim silent leges.
BASHIR: In time of war, the law falls silent. Cicero. So is that what we have become? A twenty fourth century Rome driven by nothing more than the certainty that Caesar can do no wrong!
ROSS: This conversation never happened.

In light of the controversy of today, that of the NSA, FISA and government secrecy and gathering information on its own citizens we face a growing tide of reporters and others seeking to reveal those secrets. Back in 1989 ethicist Sissela Bok wrote something very important in her book Secrets: Moral Choice in Public and Private Life:

“…as government secrecy expands, more public officials become privy to classified information and are faced with the choice of whether or not to leak … growing secrecy likewise causes reporters to press harder from the outside to uncover what is hidden. And then in a vicious circle, the increased revelations give government leaders further reasons to press for still more secrecy.”

As we wade through this controversy we will see people do exactly this and the these exact arguments are being made by the people and officials directly involved as well as former elected and appointed officials as well as the press. The interesting thing to me is that very few of the people or agencies, past and present, Republican and Democrat involved really have clean hands. It is amazing to see former champions of civil liberties defend the NSA actions and those that empowered the NSA in the Patriot Act now condemn it. I find it fascinating.

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At the end of the Inter Arma Enim Silent Leges episode the mysterious Sloan pops back in on Doctor Bashir who is in his quarters, asleep and depressed by what he experienced during the operation on Romulus and with Admiral Ross.

SLOAN: Good evening.
BASHIR: Are you expecting applause? Have you come to take a bow?
SLOAN: I just wanted to say thank you.
BASHIR: For what? Allowing you to manipulate me so completely?
SLOAN: For being a decent human being. That’s why we selected you in the first place, Doctor. We needed somebody who wanted to play the game, but who would only go so far. When the time came, you stood your ground. You did the right thing. You reached out to an enemy, you told her the truth, you tried to stop a murder. The Federation needs men like you, Doctor. Men of conscience, men of principle, men who can sleep at night. You’re also the reason Section Thirty one exists. Someone has to protect men like you from a universe that doesn’t share your sense of right and wrong.
BASHIR: Should I feel sorry for you? Should I be weeping over the burden you’re forced to carry in order to protect the rest of us?
SLOAN: It is an honor to know you, Doctor. Goodnight.

We live in this kind of world and maybe it is good sometimes to find other ways to look at it. I really don’t have the answers. I am a civil libertarian who places a high value on the openness of a government to its people. I also know that there are those that have no regard for such openness or that to quote Sloan don’t “share your sense of right and wrong.”

Maybe that is not a good answer. I really don’t know. All I know is that as uncomfortable as this all is that those on both sides of the issue have valid points and concerns and they come back to the balance that a society needs to have between individual rights and responsibility to the community, openness and secrecy, civil liberties and national security. But that being said it is a debate that needs to happen, even if it makes us uncomfortable. I for one think that it is better that we be uncomfortable when looking at such an important debate than to be prisoners of our certitude.

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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When Disaster is Not an Option: The NSA Leaks, Security and Freedom the Perspective of those in Command

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JARESH-INYO: I never sought this job. I was content to simply represent my people on the Federation Council. When they asked me to submit my name for election, I almost said no. Today I wish I had.
LEYTON: We appreciate your feelings, Mister President, but we don’t have time for regrets. You accepted the job and now it’s yours.
ODO: Mister President, there are people all over this planet right now huddled in the dark, terrified about what might happen next. They’re waiting for a sign, something to reassure them that everything will be all right. But they won’t wait long. Fear is a powerful and dangerous thing. And if you don’t act, if you don’t show them that they’re not alone, then fear will surely take over.
SISKO: Give us the authority we need, Mister President, and we will take care of the rest.
(There’s a long pause, then Jaresh-Inyo taps his PADD – 4567 security codes.)
JARESH-INYO: Earth is in your hands, gentlemen. Do what needs to be done.
LEYTON: Thank you, sir. You’ve made the right decision.
JARESH-INYO: I hope you’re right, for all our sakes. (From Star Trek Deep Space Nine, Season 4 Episode 10 “Homefront”) 

After the attacks of 9-11-2001 things changed in the United States. The question of security became paramount in the minds of many Americans who, quite a few with great misgivings approved of the passage of the Patriot Act and other laws to strengthen law enforcement, intelligence and other defensive measures, especially electronic surveillance and data collection done at the Top Secret level.

The fact is that President George W Bush, regardless of what one thinks of his subsequent actions regarding the invasion of Iraq did what any President of any party affiliation would have done in the wake of those attacks. He initiated legislation that would allow security agencies much wider latitude in collecting data and investigating any possible threats to national security. Now 10 years later, without a comparable attack many people question those decisions. President Obama, like him or loathe him has elected to for the most part continue, extend and even expand the Bush policies. If he wasn’t a Democrat he would be lauded by most of Bush’s supporters.

The real truth of the matter is that the President of the United States holds a unique position and amount of responsibility that no one who has not held that office can truly fathom. If the President, no matter who he or she is, or what party they represent has not done everything the laws allow to prevent major terrorist attacks in the post 9-11-2001 era and just one major attack is successful, he or she will be blamed forever. No one wants that, even men like President Obama who before their election were staunch civil libertarians. I can only imagine the look on his face, or that of George W Bush when they received their first National Security Briefing after taking office and realized that from now on whatever happened, for good or for bad would be blamed on them or credited to them despite the fact that almost everything that they had to decide would be formed and shaped by intelligence and national security experts as well as political advisors with more National Security and Foreign Affairs experience.

Since both of them, and President Clinton before them had minimal exposure or experience in such matters I can only imagine that it was overwhelming. I can only compare what it was like to become an Army Company Commander in Cold War Germany in 1985 and realizing that every one of the 110 men and women assigned to that unit and everything it accomplished or failed to accomplished would fall on my shoulders. I have provided counsel and support as a Chaplain to men and women in positions of greater authority than I held and I honestly cannot comprehend what the responsibility for a nation at war is like.

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In the Star Trek Next Deep Space Nine episode Homefront, the Federation President President Jaresh-Inyo tells his Starfleet advisors when giving them practically unlimited powers to defend Earth: “It took centuries for Earth to evolve into the peaceful haven it is today. I would hate to be remembered as the Federation president who destroyed Paradise.”

As I mentioned in my other articles about the NSA leaks there are many gray areas in the practical measures and laws instituted after 9-11-2001 and in the manner that both the Bush and Obama administrations have conducted the War on Terror. The NSA leaks and the actions of Edward Snowden point us to policy conversations and debates that we need to have regarding how we as a society balance our security with freedom. But as we do that we have to remember that in our system of government and our current laws drafted after 9-11-2001 that we have given the President powers that previous Presidents seldom had, or desired. Whether the President was Bush or is Obama or someone else in the future the fact is that they have the job and we don’t.

In the episode Admiral Leyton the Starfleet Commander voices his doubts about the Federation President, sentiments that some have pretty much applied to President Obama.

BENTEEN: The bottom line is a changeling infiltrated the grounds of Starfleet Headquarters, imitated the Admiral, and got away scot-free. Our security measures aren’t working.
SISKO: We’re doing everything the President will let us do.
BENTEEN: Maybe that’s not enough.
ODO: We could talk to the President again.
LEYTON: I’m afraid that would be a waste of time. Jaresh-Inyo would be a fine president in peacetime, but we have a war on our hands. He doesn’t seem to understand that. All he cares about is not upsetting people. But humans are tougher than he thinks. We’ve created a paradise here and we’re willing to fight to protect it.
SISKO: And you think the President isn’t willing to fight?
LEYTON: I think the President is a long way from home. This isn’t his world. We can’t expect him to care about it the way we do.

These are perilous times and serious issues. Facebook Memes, snarky tweets and bellicose blog posts that paint everything in easy black and white terms are seldom right and the fact is that the questions we fact now is complex and multifaceted. If we are to face them we have to do so in a serious manner acknowledging that the world that we live is not the same as it was even 20 years ago.

Until tomorrow or Friday,

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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Questions in Light of the NSA Leaks and More Answers from Star Trek Deep Space Nine

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Doctor Bashir: What does Section 31 do, apart from kidnapping Starfleet officers?

Sloan: We search out and identify potential dangers to the Federation.

Doctor Bashir: And once identified?

Sloan: We deal with them.

Doctor Bashir: How?

Sloan: Quietly.

As I mentioned briefly last night I am finding interesting corollaries in the current NSA leak story and what we are facing in our Global War on Terror in Star Trek Deep Space Nine. I went back and watched again the season four episodes entitled Homefront and Paradise Lost. Tonight I also watched an episode called Inquisition in which Dr Bashir, the Chief Medical Officer of Deep Space Nine is abducted by the representative of a secretive entity of Starfleet Intelligence authorized in the original Federation Charter and accused of being a spy for the Dominion. It is a chilling episode because it shows the power of lawfully constituted organizations that are granted nearly unlimited powers and operate under the utmost secrecy.

What do we know? We know far less than what we think that we know, that much is clear.

So what do we know?

We know that a Booz Allen Hamilton contractor, a 29 year high school dropout named Edward Snowden leaked Top Secret FISA Court orders and other information to writer Glenn Greenwald of the Guardian newspaper. Something that he did evidently after offering them to others including the Washington Post.

We know that Snowden had worked for the CIA and NSA contractors in various capacities for a number of years. We know that he worked for the Booz Allen Hamilton contract with the NSA less than 4 months with a Top Secret Clearance and had lied to both his employer and girlfriend about his whereabouts when he left his home in Hawaii.

We know that he was unable to complete Army Special Forces entry training in 2003 after some kind of training accident.

We know that he supported the Ron Paul campaign with a financial contribution of $500 and that Paul has praised Snowden’s actions.

We know that some of the documents that Snowden leaked have been released by the Guardian and the Post. Likewise we know that Greenwald promises the release of more leaked information this week.

We know that this Snowden fled to Hong Kong in early May and then authorized the release of his identity and actions after the release of them by Greenwald.

We know that the documents leaked show that the FISA court authorize the sweeping collection of phone and internet data from American citizens as well as others overseas.

We know that Snowden is claiming that he is acting in the best interests of the country and the Constitution.

We know that the revelation of the FISA documents shows that National Intelligence Director James Clapper may have lied to Congress about those activities.

What don’t we know? Simply put we don’t know the truth. Likewise there is a good chance that no matter what happens in this case, no matter what is revealed and no matter what happens to Snowden or anyone implicated in the documents already released or to be released that we may never know the whole truth. Yes we may learn aspects of these operations and some activities, but believe me the real truth will remain classified and covered. And frankly that may not be a bad thing.

There have been some who are lionizing or demonizing the young Snowden. People are rapidly forming their opinions as to him being a “hero” or a “traitor.” I don’t think that we know enough yet to render judgement. He may be one or the other. He could be both and he could be neither. I do think the question goes beyond him. The fact that he fled to Hong Kong, a territory controlled by Communist China which has been engaged in much espionage against the United States is troubling. It makes it look like he may not quite be the hero after all.

The fact is that Snowden’s release of Top Secret classified documents is illegal. That is a fact whatever his motives. No matter if his motives were pure and patriotic as he claims, or were done for other reasons that we do not know including the possibility that he is working with Chinese agents. The unauthorized release of classified data has been a crime for decades, even before we devised our classification system. Even before the Patriot Act and the Global War on Terror.

Section_31_operatives

During the Inquisition episode, at the point that the Section 31 personnel determine that Bashir is innocent of possible cooperation with the Dominion and try to recruit him that the following exchange takes place.

Sloan: We’re on the same team. We believe in the same principles that every other Federation citizen holds dear.

Doctor Bashir: And yet you violate those principles as a matter of course.

Sloan: In order to protect them.

Doctor Bashir: Well, I’m sorry, but the ends don’t always justify the means.

Sloan: Really? – How many lives do you suppose you’ve saved in your medical career?

Doctor Bashir: What has that got to do with anything?

Sloan: Hundreds, thousands? Do you suppose those people give a damn that you lied to get into Starfleet Medical? I doubt it. We deal with threats to the Federation that jeopardize its very survival. If you knew how many lives we’ve saved, I think you’d agree that the ends do justify the means. I’m not afraid of bending the rules every once in a while if the situation warrants it. And I don’t think you are either.

The action of Snowden in releasing these classified documents appears to be criminal in that it broke long established law. However, criminality does not necessarily mean that he is a traitor. Could he be? The answer could be yes depending on his motive and what else may be released but quite possibly the answer could be no. For those that want to live in a world where everything is black and white that may be uncomfortable. But this messy world is the world that we live in, a world of infinite shades of gray, especially when it comes to intelligence and state secrets.

Now I can say that while I agree that Snowden broke the law I do not yet know if I can call him a traitor, nor do I know enough to call him a hero. One thing his actions have done is to spark a debate on the nature of the laws that our Congress enacted in the aftermath of the 9-11-2001 terrorist attacks. The Patriot Act vastly expanded previous laws regarding surveillance, intelligence, economic, military and law enforcement measures including the work of the FISA courts. I do think that the authors meant well, but the law that they passed has great potential as a platform for totalitarianism.

Those laws were rushed to completion and passed with strong bi-partisan majorities in both the House and Senate. Those powers were renewed by both the Bush and Obama administration and Congress. One can make good arguments for security as well as the dangers inherent in these laws and the expanded powers of the intelligence community which not only can be used for good, but can be used for evil.

I think it is time that we had a real debate over these laws as a society. We may not like what we see, but we may decide to keep some laws and restrict other powers granted. That is something that we must do as a society if we are to retain any form of our republic. We cannot afford the bumper sticker and Facebook meme type of debate in this that appeals to raw emotion and political certitude and bypasses the real issues involved.

At the end of the episode when Bashir is back on DS9 talking with Captain Sisko and the other senior staff of the station the questions asked are so pertinent to what we are doing today.

Doctor Bashir: I can’t believe the Federation condones this kind of activity.

Odo: Personally I find it hard to believe they wouldn’t. Every other great power has a unit like Section 31 – the Romulans have the Tal Shiar, the Cardassians had the Obsidian Order…

Doctor Bashir: But what does that say about us? When push comes to shove, are we willing to sacrifice our principles in order to survive?

Captain Sisko: I wish I had an answer for you, Doctor.

Likewise, I wish I had an answer…

Peace

Padre Steve+

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The Navy is the Future of National Security

USS HUE CITY CG 66 in the Arabian Gulf 2002.  “I wish to have no Connection with any Ship that does not Sail fast for I intend to go in harm’s way.” John Paul Jones 

“Without a decisive naval force we can do nothing definitive, and with it, everything honorable and glorious.”  President George Washington

“A good Navy is not a provocation to war. It is the surest guaranty of peace.” President Theodore Roosevelt

“A powerful Navy we have always regarded as our proper and natural means of defense; and it has always been of defense that we have thought, never of aggression or of conquest. But who shall tell us now what sort of Navy to build? We shall take leave to be strong upon the seas, in the future as in the past; and there will be no thought of offense or provocation in that. Our ships are our natural bulwarks.” President Woodrow Wilson

“Events of October 1962 indicated, as they had all through history, that control of the sea means security. Control of the seas can mean peace. Control of the seas can mean victory. The United States must control the seas if it is to protect your security….” President John F. Kennedy

There are a great many debates in Congress and the Pentagon regarding the current and future military budgets in light of the massive budget deficits and economic crisis facing the nation.  Complicating the issue is our massive commitment to land campaigns that contribute little to the long term national security of the United States and its friends. These wars constrain our diplomatic military and economic ability to respond to other crises at home and around the world be they military threats, terrorism or natural or man made disasters.

Until the mid 20th Century theUnited States viewed the land forces when used abroad as expeditionary forces which were employed overseas for relatively short periods of times of combat.  The mission and strategy was to fight the war, bring all or most of the forces home, assist with security as needed and depend on a naval presence to show the flag without a continued large “boots on the ground” presence.   The two times that we have elected to fight protracted ground wars with no definable condition of victory we have come out weaker than we went in.  This was the case inVietnam a war which badly divided the nation and nearly destroyed the military as a viable force.  The present campaign in Afghanistan and the war in Iraq which is close to ending have the potential to do the same.

In the prosecuting the Global War on Terror which was launched in response to the attacks of September 11th 2001 we have for the most costly and historically flawed ways to use an American Army.  In doing so we have had to invest a huge amount of our expenditures simply to maintain a force to keep the status quo in a country that will turn on us as soon as it convenient to do so.

In the process of focusing on these aspects of this war we have forgotten the more crucial long term aspects of national security which can only be addressed by maritime power.  This power includes the military might of the Navy and Marine Corps team but also includes our Merchant Marine and Coast Guard.

Ninety percent of world trade is transported by ship via sea lanes that have choke points such as the Strait of Hormuz,Strait of Malacca, the Bab El Mendeb and the Horn of Africa, and the Strait of Gibraltar.  Likewise other traffic must pass through the South China Sea, the Taiwan Straits or around Cape Horn.  Then there are the two major maritime canals the Panama and Suez Canals.  Terrorists, pirates, rogue nations and ascending Naval powers such asChinapose real threats in all of these critical maritime commerce choke points.

Real and potential threats to the choke points: Iranian Naval and Revolutionary Guard Naval forces, Somali pirates, the new Chinese aircraft carrier and a Pakistani Navy that may become an enemy overnight 

Most of the world’s population lives in what are called the littorals, the areas of land adjacent to oceans and major waterways.  Likewise most industry is located in these areas. Most of these populations and industries are also in areas under the same type of threats as the sea lanes and choke points.  Simply put the sea and the littorals are much more important to this country and the world than landlocked Afghanistan.  They also are much more easily influenced by naval power that is not bound to land bases in nations where governments and their policy to the United Statesand our friends can change overnight and which large land armies would have minimal impact.

The United States Navy has been and still is the world’s preeminent naval power. It will likely remain so for the foreseeable future but the navy is strained.  Since 2001 it has shrunk in size, shed some 52,000 sailors and seen its scope of responsibility and operational tempo increase putting greater strain on the ships, aircraft and personnel remaining.  Ships are aging, maintenance was deferred and the planned new construction has not materialized.  The Ticonderoga Class Guided Missile Cruisers are nearing an average age of 20 years, our carriers average 23 years old, many of our submarines are nearing the end of their projected service lives and some other ships are far older.

Ship classes like the Freedom and Independence class Littoral Combat Ships (LCS), San Antonio Class Landing Ships (LPD) and the DD-1000 Zumwalt Class are badly over budget, plagued with technical and workmanship issue and are behind in production.

USS Freedom (above) and USS Independence Littoral Combat Ships

The LCS in particular seems like a bad investment, the ships are undermanned and under armed, planned weapons modules are not in production and they are not designed for survivability.  In effect they are large fast ships with almost no offensive or defensive capabilities that would be hard pressed to survive in a fight with any current or future Corvette or Frigate fielded by an opposing naval force. In order to be effective they need heavier armament and larger crews and need a redesign to improve their survivability. It makes no sense to spend more than half a billion dollars each on ships that are not survivable and cannot fulfill their intended missions.  A better choice would be something similar to the Dutch De Zeven Provincien  German Sachsen or the French Lafayette Class frigates which have a heavy armament and good endurance or the smaller and cheaper German Braunschweig class Corvettes.

DD-1000 the Zumwalt Class

The Zumwalts are 14,000 ton “Destroyers” that were designed as a replacement for the battleship.  Originally 32 were planned but the high cost and multiple problems associated with the design. These issues have included such things as seaworthiness due to their hull form and other hull issues, its integrated advanced electro-magnetic propulsion system and its surface and air warfare capabilities.  Their armament has been an issue since the beginning as they cannot meet the standards of the Aegis equipped Cruisers and DDGs and cannot support the Ballistic Missile Defense capabilities of those ships.  Their naval gunfire support capability which was advertised as one of their main selling points is woeful. They are to be equipped with two 155mm long range naval guns designed to use a “smart” munitions. The ships will carry a limited supply of shells for these guns and because of the need for extended range and guidance capabilities the shells will have a smaller charge than their land based counterparts.   They will have only two-thirds of the VLS cells than Ticonderoga class ships meaning that they can carry few missiles of all types.  It is likely that the Tomahawk cruise missile will comprise the bulk of their missile armament but if one wants a ship that’s only significant capability is launching Tomahawks then there are many other ideas which are more economical and can carry far more missiles than the Zumwalts. One of these was the Arsenal ship which was designed to carry 500 Tomahawks on a stealthy platform that requires a small crew and had an estimated cost of 500-800 million dollars.  It was cancelled in favor of the project that eventually turned into the Zumwalt class. The DD-1000 program began with the DD-21 program in 1994 and the first ship may not enter service until 2015. The cost of just two of these ships has grown exponentially to 6.6 billion as of 2011.  The two ships under construction have little place in the current or future Navy and would likely serve as technology test beds.

The Arsenal Ship

While we have increased the numbers and continued the production of the highly successful Arleigh Burke class guided missile destroyers (DDG) and Wasp class Amphibious Assault ships (LHD) it is not enough to compensate for the continued attrition.  If worst case budget projections occur the Navy could experience massive cuts without any decrease in maritime threats or operational commitments.  The Coast Guard is in even worse shape.

The USS John S McCain DDG 56

The most important aspect of national defense, free trade and humanitarian assistance in the coming years are America’s Navy, Marine Corps, Coast Guard and Merchant Marine.  Without a strong Navy and the other components of maritime power we are at the mercy of tin-horned dictators, pirates and terrorists who live and operate in the most vital areas of the world’s maritime transportation network.

Humanitarian assistance: USNS Comfort off Haiti 

As our political leaders meet in the coming weeks and months decisions will be reached in matters of national security.  They will be based budget considerations alone as we have not operated on a clearly defined national security strategy since the end of the Cold War.  Force structure has to be decided based on the over arching national strategy and broad brushed and un-thought out cuts are a recipe for disaster.

History tells us this. Following our Revolution the nation was deep in debt and eliminated the Navy.  Since our merchant shipping was no longer protected by the Royal Navy and the treaty withFrancewas allowed to lapse American ships became easy prey for the Barbary Pirates.  Rather than build a navy to protect American citizens and shipping the nation paid “tribute” to dictators which amounted to tens of millions of dollars until Thomas Jefferson sent the new re-established Navy to counter the threat.   Our history and that of other maritime powers such asGreat Britainand theNetherlandsprovide many precedents for this use of power.

What needs to happen now is for the LCS ships and Zumwalt class production to end with the current ships building.  No carriers except the 50 year old USS Enterprise should be decommissioned until a full up national strategy review is completed and agreed to by both political parties.  That strategy needs to actually prioritize the most important areas of engagement that the military should focus its efforts.  The Middle East will remain important but will fade as Asia continues to gain importance.

Regarding other ship classes much needs to happen.  DDG production should be stepped up and an affordable yet fully capable replacement to the Ticonderoga class designed, to include the ability to conduct ballistic missile defense.  A diesel electric attack submarine needs to be fielded to complement the Virginia Class attack boats.  A Light Fleet Aircraft Carrier design should be designed and produced to compliment the Nimitz and Ford Class Carriers now in commission or building. The Navy should design or take an off the shelf Corvette or small Frigate type ship to fill the role envisioned by the LCS.  Such ships should be designed for specific tasks to avoid the massive cost overruns and simplify production.  When one remembers that it as the United States Navy that first developed the Destroyer Escort type ship to fill a specific role such an undertaking should be well within ship designer and capabilities so long as they do not try to “gold plate” the type and make it a jack of all trades and master of none ship.  Other types of ship should be studied to include smaller but still capable aircraft carriers and new amphibious ships to support the Marine Expeditionary forces.

Ships need to be designed with combat power, survivability as the first priorities and they need to be affordable and easy to mass produce.  Designs do not need to be over thought.  George Patton’s adage “a good plan violently executed now is better than a perfect plan next week” applies today for this nation and the Navy.  To adapt Patton’s adage I say that “a combat effective and survivable ship class that we can afford and mass produce now is better than a perfect ship that bankrupts us and cannot be produced in the numbers needed to secure the seas.” 

The Navy is the American Armed Force of the Future. Of all the Armed Services the Navy offers the United States the ability to protect its interests abroad and homeland security without the need to base large numbers of ground forces overseas.  Naval forces are flexible, are easily sustainable and conduct security, combat and humanitarian operations better and more affordably than any armed service in the world. When coupled with the expeditionary capability of the Marines offer a force that affordably provides national security.  George Washington, John Adams, Theodore Roosevelt and Franklin Delano Roosevelt all knew this.  I do hope that the current Administration, Congress and their successors will not allow the current superiority that we enjoy on the high seas to decay just as our greatest economic and military competitors build up their naval capabilities and the threat of terrorists, pirates and the small but dangerous navies of rogue states threaten the sea lanes that are absolutely vital to our economy and national security.

The Navy is also the least provocative armed service and history has repeatedly shown that naval forces are a deterrent to war and guarantee of peace.

On that last note…

Peace

Padre Steve+

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Filed under History, Military, national security, Navy Ships, US Navy