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“....paramount among the responsibilities of a free press is the duty to prevent any part of the government from deceiving the people and sending them off to distant lands to die of foreign fevers and foreign shot and shell.”
Justice Hugo Black; USSC decision on “the Pentagon Papers”; 1970
“Have you forgotten the lessons of the ancient war ….
Do you know we are being led to slaughter by placid admirals
& fat, slow generals are getting obscene on young blood ….
Did you know freedom exists in a school book?”
Jim Morrison; An American Prayer; 1970
I am convinced that “time” is a constant straight line that moves in cycles, where at certain clusters of points, the circular motion increases in speed and velocity. No other explanation really makes sense to me. And I say this not only because McDonald's re-issueing of the McRib is being reported in the corporate media, as if a pressed meat sandwich containing no ribs is important news, but because much of what is important is missing from McNews.
Thus, as I take a brief break from the exhausting pace caused by working on numerous “local” elections – there are an encouraging number of liberal Democrats and progressive members of the Democratic Left running for office in my tri-county region – I find myself reading what I consider the most important of interbnet political-social web sites …. the Democratic Underground. Thank goodness it exists. Quite the opposite of the infamous Easter candy rabbit, which is sweet on its thin outside, but hollow inside, I find it best to scrape the frequent film of nonsense off the surface here, and to enjoy the substance of this site.
That shallow layer of empty intellectual calories is best illustrated by the too frequent claim that “the Democratic Left is insignificant and without power.” How often, over the years I have been a member here, I have read someone or another trying to marginalize our ranks! The OWS movement has exploded this myth. Indeed, the fact that there are so many liberal Democrats and progressive members of the Democratic Left running for office in this highly republican section of upstate New York – and the fact that a good number of registered republicans are supporting these candidates – suggests one of the most important dynamics of current events.
As I've been working on the local elections, the anti-hydro-fracking effort, and the “book tour” for my sons' book “Water Man: A Native People's History of the Northeast” (available in the second week of November), a couple of OP/threads from General Discussion keep coming to mind. One, from a few days back, made note of the growing number of ex-US Marines supporting the OWS movement. The second, by one the the forum members I hold in the highest respect (Segami), focuses on President Ford's pardoning of the felonious Richard Nixon. Glenn Greenwald's book “With Liberty and Justice for Some” documents the damage that Ford's action did to this nation.
The combined impact of these two discussions on the Democratic Underground led me to pull out my copy of the 1979 book by Bob Woodward and Scott Armstrong, “The Brethern: Inside the Supreme Court.” Although I have a low opinion of Woodward, and an even lower opinion of his writing skills, I recognize the serious impact that he has had on our society. As a “former” officer in the Office of Naval Intelligence with no experience in journalism, he would rapidly become a key player in the Washington Post's uncovering of the numerous Watergate crimes and conspiracies. Woodward got his job in the news by way of help from another “former” ONI official named Mark Felt. The two had met at the Nixon White House earlier. Woodward's later claim that Felt, alone, was “Deep Throat” proves that Woodward is more than willing to lie.
Just as he made his claim about the former Assistant FBI Director when it was too late for Felt to respond, Woodward would reveal that Associate Justice Potter Stewart had been his primary source for “The Brethern” after his death in 1985. Though the late Stewart made no comment, it appeared likely that Woodward was actually telling the truth. I say this not to discredit the book, nor to assign any specific motivation to Woodward's role in writing what was the first book detailing the inner-working of the Supreme Court. Rather, while I believe it is an extraordinarily important book, I find it essential to question anything and everything that Woodward claims to be truth.
Perhaps the most important aspect of the book is that it shows how, by appointing Warren Burger to serve as Chief Justice, Richard Nixon injected pure politics into an institution that was supposed to be above such motivations. Older forum members will clearly remember the difference in the USSC's tone, compared to when it was headed by Earl Warren. (Which is not to imply that Warren, by serving on LBJ's commission to investigate the murder of President Kennedy, did not – no matter if one agrees or disagrees with the Warren Commission's Report – violate the Constitutional separation of federal powers.)
In the early years of the Nixon administration, it seemed that everyone was being “spied” upon. One Justice, Woodward notes, believed that his chambers were being bugged. The Nixonites were indeed intent upon attacking those Justices who they deemed as “enemies.” Abe Fortas, largely through his own stupidity, was forced to resign. But it didn't stop there: republican House Majority Leader Gerald Ford would call for the impeachment of Justice William Douglas.
Just as Attorney General John Mitchell had provided sources at a national magazine with “inside information” on Fortas, he had leaked confidential and unconfirmed FBI and CIA reports on Justice Douglas to Rep. Ford. The future unelected President would use these to get more than 100 conservative House members, from both parties, to join in the call for ousting Douglas (who was viewed as anti-administration and business, and pro-environmental protection).
This cycle of political spying would continue to play a significant role in the actions of the Burger Court. For example, the USSC was prepared to uphold Muhammad Ali's conviction for draft evasion, until a last-minute finding that the intelligence community had illegaly wire-tapped his phone conversations with Martin Luther King, Jr., changed the outcome (Ali won his appeal in an 8-0 ruling.)
The book documents numerous examples of Chief Justice Burger expressing concern for how cases might impact the reputation of the Nixon administration. While it would be impossible to assume that political interests had not influenced members of the Court in the past, Burger's frequent lobbying upon the behalf of the Nixon administration was distinct from anything that had happened in that century. More, the Burger Court would break new ground when, in violation of all decency, corporate attorneys would begin to feel free to literally stop by the Court to lobby for their businesses.
Although not always successful, Burger would attempt to support administration attempts at “prior restraint.” These included – but were not limited to – the publishing of the Pentagon Papers; an injustion to prevent Vietnam Veterans Against the War from continuing a non-violent public demonstration; and supporting then-Assistant Attorney General William Rehnquist's issuing a “qualified” martial law status to keep citizens from protesting the Vietnam War in Washington, DC.
I do not think it a stretch to say that the cycle of time has brought similar issues to the forefront today. There are powerful forces opposed to the OWS movement. Logic suggests that in the near future, these forces will attempt to abuse the justice system to deny citizens – including former military people – their Amendment 1 rights …. in the name of national security. In no sense do I intend to imply that President Barack Obama is in any way comparable to Nixon in this sense; quite the opposite, I am convinced by his recent actions that Obama is openly siding with the 99% of the public.
Hence, while I remain largely unimpressed and disappointed in the Obama administration, and fully support the growing grass roots' movement towards Constitutional democracy, I believe that one important issue for liberal Democrats and the Democratic Left to recognize is that President Obama is a far, far better bet for appointing decent (dare I hope “good”?) Supreme Court Justices, than the rather pathetic lot of republicans running for their party's nod for the 2012 presidential election. Thus, it is equally important to consider the options in congressional races. For the make-up of the Supreme Court will certainly influence our future.
Thank you for reading this.
H2O Man
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