Tag Archives: Patriot Act of 2001

Freedom or Security? The Precarious Balance

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Friends of Padre Steve’s World,

The Roman philosopher and political theorist Cicero wrote words that are chilling, and over 2000 years after he wrote them, still troubling, “Inter Arma Enim Silent Leges,” in time of war the law stands silent…

Yesterday I wrote a piece that dealt with the moral and ethical costs of fighting a war against the self-proclaimed Islamic State using the lens of the Star Trek Deep Space Nine episode In the Pale Moonlight. I found it troubling and even had some nightmares involving this war, as a result I did not sleep well last night. So today I am going to continue the discussion, with a slightly different emphasis, again using a Deep Space Nine episode, this one called Inter Arma Enim Silent Leges which deals with a Federation security service trying to co-opt the Chief Medical Officer of Deep Space Nine to spy for them.

James Madison wrote that “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.”

After September 11th 2001 the National Security State went into overdrive with the passage of the so called Patriot Act. That act opened the floodgates for an ever expanding national security state. With the growing likelihood that a Russian airline was destroyed by a terrorist bomb over the Sinai Peninsula, the probability is that more and more civil liberties will disappear in the name of national security. The fact is that we as a society need to wrestle with the questions of maintaining an open and free society in the midst of a world that is growing ever more dangerous. If we are to maintain an open and free society we must have this discussion, and we cannot allow ourselves to be duped into surrendering the very rights and civil liberties that we hold dear, in the name of security against threats real, and imagined. The fact that the threat to civil liberties is growing, and has been for the last decade and a half under both Republican and Democratic administrations, and Congresses controlled at one time or another by the Republican and the Democratic Parties.

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I have a lot of apprehension when I read the reports about the activities of the National Security Agency, other intelligence and police agencies at all levels of government and the pervasive erosion of civil rights.  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. Of course the use of similar methods by the private sector, often in conduction with government agencies is another concern, but that needs to wait for another day.

I also understand from history and empirical evidence that many others, many from unfriendly countries do not share those apprehensions. Many of these competitors are willing to use whatever openness that we have as a society against us, using similar technology and methods used by our intelligence, police, governmental and private sector. It makes for an ethical, legal and even constitutional conundrum. I know that I am not comfortable with this, and perhaps maybe none of us should 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. The same can be said of foreign intelligence agencies which all engage in similar activities including the British GCHQ, the German Bundesnachrichtendienst and so many others including the Chinese and Russians.

Likewise it is equally easy in light of history, current events and national security concerns for people to jump to the other side of the fence and not only defend the activities of the NSA and agencies like it, and to demonize those that protest or expose such activities.

When I see the talking heads on cable news shows defending or condemning such activities and not agonizing over the complexity and issues involved I get worried. Because there are legitimate concerns voiced by critics as well as defenders. But since we live in an era of soundbites, gotcha and half-truths being portrayed as all truth I find it helpful to use either historical examples, literature or fiction, and even science fiction to wrestle with the fundamental truths. So I find looking at such issues through the prism of Star Trek sometimes more interesting and provocative than simply doing the whole moralizing pundit thing.

There was an episode of Star Trek Deep Space Nine that aired well before the events of 9-11-2001, and the subsequent Global War on Terror, that I find fascinating. The episode deals with a secretive agency in Starfleet operating in the gray areas between the laws and ideals of the Federation and the threats that the Federation faces. Even when the Federation is a peace, Section 31, as it is called is engaged in activities https://www.youtube.com/watch?v=DhkfuyBLDlYagainst historic or potential enemies. In a way it is somewhat like the NSA or the Defense Intelligence Agency.

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 Doctor Julia Bashir to involve him in an clandestine operation. An operation to on the Romulans who at this point are a Federation ally against the Dominion.

Sloan makes his approach and Bashir, who expresses his reservations:

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.

I find the exchange both illuminating and riveting. The fact is that in the situation we face today the arguments of both sides should make us very uncomfortable.

Whether we 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 conundrum of liberty and privacy or security. That technology, as wonderful as it is  has enabled a generation to grow up in a virtual world in many ways detached from the moral and ethical balances between 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 certainly beyond the wildest imaginations of any of the founders who drafted Constitution.

The reality is, the things that make are lives so easy are also the things that have the potential to remove the very liberties that we treasure, either by our enemies using them, or those that defend us.

The truth is, that throughout history, even our own there have been operatives within the government in charge of secrets, as well as 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. I won’t go into the details because it is too full of twists, and turns, you can read the plot of the episode at Memory Alpha.org http://en.memory-alpha.org/wiki/Inter_Arma_Enim_Silent_Leges_%28episode%29

There is an exchange between Dr. Bashir and Admiral Ross of Starfleet command which 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 regarding the NSA, FISA Courts, government secrecy and intelligence gathering information on its own citizens, as well as allies, friends and and enemies 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 the continuing controversy surrounding these issues we will see people do exactly what Bok said. These are the exact arguments are being made by the people and officials directly involved in such activities, as well as former elected and appointed officials, and members of the press.

The interesting thing to me is that very few of the people or agencies, past and present, Republican and Democrat involved 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 both fascinating and frightening.

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 to sometimes step back and look at issues using a different prism. 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, 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. It is a debate that needs to happen if we are able to balance that a society needs to balance 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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Filed under civil rights, ethics, laws and legislation, national security, Political Commentary, star trek, terrorism

War is Cruelty

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Destroyed Tombstone at the British Cemetery: Habbinyah Iraq  

I am a career military officer, an Iraq veteran and an anti-war liberal, but I am also a realist in terms of the world. I have no illusions about the world. I do not believe that the United States always acts with honor and I know in my heart of hearts that much of the chaos that we are seeing in the world, particularly the Middle East comes from years of American intrigue and intervention. But I also know that once you have let the genie of war and chaos out of the bottle that it seldom returns to it without creating more chaos, death and destruction. Since I am a realist, I understand that whether I want it or not, and regardless of who is President that this war will remain part of our lives, maybe for a generation or more. Thus we have to understand that this war is not a movie, it is not a video game, and it has the potential to change all of our lives, and not for the better.

I fully agree with two time Medal of Honor Winner and Marine Corps Major General, Smedley Butler who wrote in his book War is a Racket:

“What is the cost of war? what is the bill?…This bill renders a horrible accounting. Newly placed gravestones. Mangled bodies. Shattered minds. Broken hearts and homes. Economic instability. Depression and all of its attendant miseries. Back -breaking taxation for generations and generations. For a great many years as a soldier I had a suspicion that war was a racket; not only until I retired to civilian life did I fully realize it….”

Today I am taking some time to write about the nature of war. It is something that the vast majority of Americans have only vicariously experienced in news accounts, movies, television shows and video games which desensitize people to the horror of war as they kill virtual enemies in often the most violent ways. Abraham Lincoln noted “There’s no honorable way to kill, no gentle way to destroy. There is nothing good in war. Except its ending.”

This is amazing since we have been at war for over thirteen years now. This war has been extended indefinitely by the actions of the Islamic State and the announced intentions of President Obama to fight. Sadly, it will become much worse than people want to believe regardless of whether it is a long or a short war and believe me it will not be a short war. The Islamic State seems to up the ante every day with new atrocities against the peoples of the areas that they control, desecration of religious shrines and the destruction of irreparable historical sites and artifacts.

Americans have grown up for the past twenty years with hi-tech wars that with a few exceptions of terrorism inflicted on American civilians have been waged by a comparatively small professional military; a military that at any given time over the last 20 years has comprised less than one percent of the American population. As such war is a spectator sport for most Americans, we watch it on television, or on You Tube videos on the internet, but it is a distant thing, happening to others that doesn’t touch us too deeply because most of us think that we have no skin in the game. In fact people that bet on baseball have more skin in the game than most Americans do in the current war, but that will probably change.

Since I have written much about that military at its sacrifices in the war that began on September 11th 2001 I am not going to belabor that today. Instead I am going to go back to the nature of war, even wars that may be fought in self-defense and with just cause. It was General William Tecumseh Sherman who wrote:

“You cannot qualify war in harsher terms than I will. War is cruelty, and you cannot refine it; and those who brought war into our country deserve all the curses and maledictions a people can pour out…

Chris Hedges wrote: “Violence is a disease, a disease that corrupts all who use it regardless of the cause,” and as Clausewitz noted of war’s nature, that it is: “a paradoxical trinity-composed of primordial violence, hatred and enmity…”

We try to use language to soften war; to make it more palatable, but to do so is an Orwellian charade that is deceptive and destructive to the soul. Dave Grossman, the army infantry officer who has spent his post military life writing about the psychology of war and killing wrote:

“Even the language of men at war is the full denial of the enormity of what they have done. Most solders do not “kill,” instead the enemy was knocked over, wasted, greased, taken out, and mopped up. The enemy is hosed, zapped, probed, and fired on. The enemy’s humanity is denied, and he becomes a strange beast called a Jap, Reb, Yank, dink, slant, or slope. Even the weapons of war receive benign names- Puff the Magic Dragon, Walleye, TOW, Fat Boy, Thin Man- and the killing weapon of the individual soldier becomes a piece or a hog, and a bullet becomes a round.”

Likewise Thucydides wrote:

“Words had to change their ordinary meaning and to take that which was now given them. Reckless audacity came to be considered the courage of a loyal supporter; prudent hesitation, specious cowardice; moderation was held to be a cloak for unmanliness; ability to see all sides of a question incapacity to act on any….”

Such language gives those who have never been to war but cannot live without it to bring it on, but as Sherman noted: “It is only those who have neither fired a shot nor heard the shrieks and groans of the wounded who cry aloud for blood, more vengeance, more desolation. War is hell.”

President Obama in his address to the nation, and the world on the eve of September 11th talked of a war against the Islamic State, using far more diplomatic, restrained and less warlike language than did Vice President Biden who said:

“As a nation we are united and when people harm Americans we don’t retreat, we don’t forget. We take care of those who are grieving and when that’s finished, they should know we will follow them to the gates of hell until they are brought to justice because hell is where they will reside. Hell is where they will reside.”

I commend the President for his humanity and desire to fight the Islamic State with a matter of restraint. That restraint will last so long as the Islamic State is unable or unwilling to strike at American civilians in the American homeland, or in a country that is not in the war zone, or an American ship or military installation at home or abroad. But once that happens, and it will the pretense of restraint will drop and what the Vice President said will become our goal, even if we do not officially say it. But once those restraints are passed, the war will get really messy. Michael Walzer wrote in his book Just and Unjust Wars:

“We don’t call war hell because it is fought without restraint. It is more nearly right to say that, when certain restraints are passed, the hellishness of war drives us to break with every remaining restraint in order to win. Here is the ultimate tyranny: those who resist aggression are forced to imitate, and perhaps even to exceed, the brutality of the aggressor.”

The problem with this war is that it has lasted so long already, and such long wars are detrimental to the nations and peoples that fight them, as Sun Tzu wrote: “There is no instance of a nation benefitting from prolonged warfare,” as such the longer we drag this war against the Islamic State and other similar groups out, the longer the war continues, the crueler it will become and the more damage it will do to our civil liberties, our economy and even more importantly to the spirit of our nation. One can only look at the Patriot Act and related measures undertaken in the name of national security after 9-11-2001 and recall the words of President John F Kennedy who said in respect to the epidemic of loyalty oaths and restrictions on civil liberties enacted in the 1950s:

“We have also seen a sharpening and refinement of abusive power. The legislative investigation, designed and often exercised for the achievement of high ends, has too frequently been used by the Nation and the States as a means for effecting the disgrace and degradation of private persons. Unscrupulous demagogues have used the power to investigate as tyrants of an earlier day used the bill of attainder.

The architects of fear have converted a wholesome law against conspiracy into an instrument for making association a crime. Pretending to fear government they have asked government to outlaw private protest. They glorify “togetherness” when it is theirs, and call it conspiracy when it is that of others.”

Thus the place that we now find ourselves is not good. On one hand by using restraint the war goes on and on, war without end, and if we embrace Sherman’s realism and admit that “War is cruelty. There’s no use trying to reform it. The crueler it is, the sooner it will be over” is that we will imitate or exceed the brutality of the Islamic State. Either way, we lose something of ourselves.

My hope is that somehow, when this is war is done, maybe in our time or in another generation or two, that we will be able to establish peace by making our enemies our friends.

Peace

Padre Steve+

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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 National Security State thru the Lens of Star Trek Deep Space Nine

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Inter Arma Enim Silent Leges, in time of war the law stands silent…

James Madison wrote that “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.”

I am amazed when I read the reports about the activities of the National Security Agency and the reactions 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. The same can be said of foreign intelligence agencies which all engage in similar activities including the British GCHQ, the German Bundesnachrichtendienst and so many others including the Chinese and Russians.

Likewise it is equally easy in light of history, current events and national security to jump to the other side of the fence and not only defend the activities of the NSA and agencies like it, and to demonize those that expose such 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  Star Trek Deep Space Nine 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 wildest 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.

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.

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, 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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When Will We Ever Learn? Looking at 12 Years of Unending War

peloponnesian-war

War is the province of chance. in no other sphere of human activity must such a margin be left for this intruder. it increases the uncertainty of every circumstance and deranges the course of events.- Karl von Clausewitz

We are coming up on the beginning of the 13th year of our current wars. Wars that when they began were believed to be easy and uncomplicated and since they were being waged against enemies that were “backward” and not hi-tech. Thus we were promised that they would be short in duration, low in cost and casualties. We elected the war option as the quick and easy way to win, neglecting the words of the venerable Chinese strategist Sun Tzu who said “To fight and conquer in all your battles is not supreme excellence; supreme excellence consists in breaking the enemy’s resistance without fighting.”

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In 2001 and early 2002 the Bush Administration pursued the Al Qaeda terrorists to Afghanistan, toppling the unpopular Taliban regime but failing to kill or capture Bin Laden. But by 2002 those in that Administration sought to widen the scope of the war. An “Axis of Evil” comprised of Iraq, Iran and North Korea was identified, even though none of those nations had links to Al Qaeda, and two of which, Iran and Iraq were hostile to Al Qaeda, each for their own reasons, Saddam Hussein because he only embraced Islam when it suited his strategic purposes and Iran because the Shia there were and are mortal enemies with the ultra-Fundamentalist Sunni Wahhabi Islam of Al Qaeda.

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The undeclared war against Al Qaeda became the Global War on Terrorism. It was an amorphous term that allowed the government to play fast and loose with facts even as it by fully “legal” means restricted the rights and invaded the privacy of American citizens through the Patriot Act and expansion of the FISA laws and a massive expansion of electronic surveillance against our enemies, against our allies, even long tern NATO allies and our own citizens.

All of these ideas seemed like good ideas at the time. The United States had been hit by the most well planned, executed and devastating terrorist attack ever conducted and it had been done by those who many believed incapable of doing it. We forgot however the words of Clausewitz that war is the provence of chance.

But then our leaders, regardless of political party over the past 50 years since our entry into Vietnam have been pretty inept at understanding history and understanding the consequences of their actions. The Greek historian Thucydides understood this, he saw what happened to Athens when it allowed itself to become enmeshed in the Peloponnesian War, a war that it entered as the premier economic and military power of its time and ended in disaster. He wrote:

“Think, too, of the great part that is played by the unpredictable in war: think of it now, before you are actually committed to war. The longer a war lasts, the more things tend to depend on accidents. Neither you nor we can see into them: we have to abide their outcome in the dark. And when people are entering upon a war they do things the wrong way round. Action comes first, and it is only when they have already suffered that they begin to think.” 

It seems strange now after so long of war that our openness, freedoms and liberties were not destroyed by the actions of Al Qaeda but by our own government in the Patriot Act a title so Orwellian that it defies logic. The sad fact is that the Patriot Act was only the beginning and the actions and legislative accomplishments those that seek to broaden the war and broaden the powers of the government to restrict freedom, speech and privacy of otherwise law abiding citizens has only increased.

As I listen to the words of some legislators, or both parties I might add I am frightened because for many it seems that the only answer they have to national security issues is the hammer of military force, force that over the years of this war has been eroded and which due to their legislative negligence in the Sequester will only further erode. They seem to forget, or maybe they never learned what is taught to military officers at Command and Staff College that national power is based on the DIME, the diplomatic, intelligence, military and economic power of a nation and not on military power alone.

Our legislators, the talking heads of the media and their political allies of various “think tanks” act as though their decisions have no consequences. Thucydides noted the same in his time:

“Some legislators only wish to vengeance against a particular enemy. Others only look out for themselves. They devote very little time on the consideration of any public issue. They think that no harm will come from their neglect. They act as if it is always the business of somebody else to look after this or that. When this selfish notion is entertained by all, the commonwealth slowly begins to decay.”

Those who think this way frequently praise those that they send to fight their wars. They pound their chests in praise of “the brave soldiers” but as far as the soldier is concerned they care not, thus when through their own political negligence hard budgetary choices need to be made neither the troops or the actual security of the nation matters, only the profits of their financial contributors, those who profit from war and suffering matter.

Two time Medal of Honor winner and Marine Corps Major General Smedley Butler wrote in 1932: “What is the cost of war? what is the bill? This bill renders a horrible accounting. Newly placed gravestones. Mangled bodies. Shattered minds. Broken hearts and homes. Economic instability. Depression and all of its attendant miseries. Back -breaking taxation for generations and generations. For a great many years as a soldier I had a suspicion that war was a racket; not only until I retired to civilian life did I fully realize it….”

Unfortunately despite the hopes of some in the Obama administration and in the country this undeclared “war on terrorism” will not end. It has taken on a life of its own and neither political party will end it. It like Athen’s misadventure in the Peloponnesian War, and so many other nations that ventured into “unending” wars that span generations will be our undoing if we are not take action now to figure out a way to extricate ourselves from it while still keeping our people safe. Somehow I think that our former freedoms, our liberties, transparency and openness are not weaknesses but strengths which at one time were embraced by us and many around the world who loved them and hoped to bring them to fruition in their own countries.

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I think bout it now. Many of the 18 year old men and women enlisting in the Army, Marine Corps, Air Force and Navy today knowing that they could end up at war were only 5-7 years old on September 11th 2001. That a war should last this long is not only unwise and destructive to liberty but criminal in the fact that we should have known better. Thomas Jefferson wrote to President James Monroe advising him to stay clear of European conflicts saying: “They are nations of eternal war. All their energies are expended in the destruction of the labor, property, and lives of their people.” James Madison wrote to Jefferson in 1798 “The loss of liberty at home is to be charged to the provisions against danger, real or imagined, from abroad.” 

These are dangerous times, the fact is that more war is beckoning and there are those anxious for their own reasons, power, profit or even religion seek to continue and expand the. They care not a whit about those that fight them, those that die in them nor the ultimate costs in blood, treasure and freedom and home. The ends justify their means. Hannah Arendt said: “Although tyranny…may successfully rule over foreign peoples, it can stay in power only if it destroys first of all the national institutions of its own people.”

Peace

Padre Steve+

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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

enimsilentleges_210

“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.

enimsilentleges_539

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

thedrumhead117

“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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