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The Dangerous Movement Behind Donald Trump

http://www.progressive.org/news/2016/10/189005/dangerous-movement-behind-donald-trump

It makes sense to worry that Donald Trump’s recent comments about the Second Amendment could encourage an assassination attempt against Hillary Clinton. But, as a long-time follower of the gun-rights movement, I think Trump’s words mean something else.

His controversial statement in a speech that “Second Amendment people” could stop Hillary Clinton from appointing liberal judges and cracking down on gun rights fits in with a familiar National Rifle Association message to members—that gun owners should prepare for an armed insurrection against the state. Trump is stoking the coals of an extremist movement that in the long run may prove more dangerous than any crazy would-be assassin inspired by Trump.

“He pointed out that an armed populace is a check on lawless politicians,” wrote a commenter about Trump’s Second Amendment remarks on the pro-gun ar15.com forum, adding, “I wonder if anybody else ever thought of that? Or codified it in a document of some type?”

While Trump and his supporters claim he is upholding the Constitution, these latest comments are an escalation of his ongoing attack against the credibility of our constitutional democratic process. Since he started losing ground in the polls, Trump began claiming without evidence that “the system” and the elections are rigged. Now he seems to be suggesting that some kind of collective act of resistance may be necessary to stop an overreaching government should Clinton win the November election.

This is a message that resonates with the hardline base of the gun lobby and the NRA, which this year, for the first time, had an official speak from the stage of a Republican National Convention. It also appeals to people like the small group of armed men who occupied the Malheur National Wildlife Refuge in Oregon, calling themselves Citizens for Constitutional Freedom. And it’s a message that strikes a chord with white supremacists and neo-Nazis who have never felt so comfortable with a major party presidential candidate as they do now.

Americans should not forget that Timothy McVeigh was a gun-rights absolutist who was following the plot of a novel, The Turner Diaries, written by a neo-Nazi leader, in 1995 when he blew up a federal building in Oklahoma City, killing 168 people. Nor should we forget that he did so on the second anniversary of the federal siege at Waco, Texas.

For most people, the death of seventy-six people at a compound in Waco was the result of a tragic standoff between the FBI and the Branch Davidians, a messianic cult. For gun rights absolutists, Waco remains a galvanizing example of federal abuse of power. Most important to gun advocates, the original reason for the raid was the presence of illegal, fully-automatic weapons.

Seen in that context, Trump’s recent remarks are potentially more treasonous than encouraging Russian agents to hack into Democratic National Committee emails. They are a more serious threat than Trump’s remarks that riots might break out if he did not receive the Republican Party nomination. Trump’s appeal to “Second Amendment people” is the kind of claim you might hear from a failing candidate in an underdeveloped nation prone to coups.

For the first time in modern history, a major U.S. presidential candidate seems to be promoting a possible armed insurrection against the U.S. government.

Trump’s words, as usual, were sketchy and ambiguous. Clinton wants to essentially revoke the Second Amendment, Trump falsely contended, adding:

“If she gets to pick her judges, nothing you can do, folks. Although the Second Amendment people—maybe there is, I don’t know.”

A Trump spokesman claimed he meant that “Second Amendment people” would act before the election by “voting in record numbers” to defeat Clinton. A Trump spokeswoman later said he meant “Second Amendment people” would act afterward, exerting their clout to stop Senators from approving Clinton’s nominees to the Supreme Court.

Neither explanation is what countless gun-rights absolutists heard. For them, the Second Amendment is about their right to keep arms in order to fight an insurgent war against our own government, should one ever become necessary to keep tyranny at bay. This may sound ludicrous. But go to Twitter and search terms like #2A, #NRA and #MolonLabe, an ancient Greek expression of defiance that means “come and take them.” Or spend any time on websites like InfoWars.com. Or read NRA statements.

“Our Founding Fathers wrote the Second Amendment so Americans would never have to live in tyranny,” said NRA chief executive officer Wayne LaPierre in 2012 before a United Nations arms control panel in New York City. “When you ignore the right of good people to own firearms to protect their freedom, you become the enablers of future tyrants whose regimes will destroy millions and millions of defenseless lives.”

This view has nothing to do with hunting or sports shooting, which is where the NRA—until hardliners took over the organization in the late 1970s—had its roots. In fact, NRA hardline advocates today deride hunters who don’t share their Second Amendment views as “Fudds,” short for the bumbling cartoon character Elmer Fudd who never managed to shoot Bugs Bunny. The late President Ronald Reagan was the NRA’s most famous Fudd for supporting gun control both during his tenure and after.

Gun rights absolutists don’t entirely trust Trump, either. “Never trust a Fudd,” wrote “waltdewalt” on a gun politics page on Reddit, suggesting Trump is not as committed to the Second Amendment as he claims.

The gun lobby is playing a long game. They have managed to withstand the fallout from one horrific mass shooting after another, including the heartbreakingly tragic loss of first-grade children in Sandy Hook Elementary School in Connecticut, and the largest such tragedy in our nation’s history at a gay nightclub in Orlando, Florida.

Gun reformists, meanwhile, have managed to make progress in just a handful of states, while they have failed to pass even token legislation in Congress. In the long run, the gun lobby faces the same demographic challenges as the Republican Party. But no one should count them out anytime soon.

As we approach the fortieth anniversary of the NRA’s transition from a sports shooting club to a gun lobby, the group’s vision for an armed America is becoming a reality. The change was led by a small group of determined advocates who, through some parliamentary jockeying using the NRA’s own bylaws, assumed control in 1977 at the NRA annual convention in Cincinnati, Ohio. (I attended NRA meetings and reported on the machinations of extremists controlling the NRA board for The Village Voice.)

Since then, the NRA has grown into the nation’s most powerful single-issue lobby, and has managed, through both transparent and shadowy means, to dramatically expand Americans’ access to guns across the nation.

In 1986, just nine states required the granting of concealed-carry-weapon permits; now at least forty-one states allow concealed carry, some without the need for permits. A majority of states also allow the open carrying of firearms. When gun reformists talk about passing federal gun reform legislation in Congress, they need to remember that these gun-permissive state laws are already nearly a fait accompli.

The patchwork of gun laws across the nation is precisely what allows weapons to flow unchecked across state and city lines. States with permissive gun laws are the main suppliers of guns used in crimes in states and cities with stricter laws. Of 3,806 crime guns confiscated in New Jersey last year, more than 86 percent came from other states. Of the 12,390 crime guns confiscated in Illinois, more than two-thirds came from out of state. These statistics are from the Bureau of Alcohol, Tobacco, Firearms and Explosives, which now, due to an executive order by President Obama, is once again allowed to compile data on guns used in crimes (a simple law-enforcement practice previously outlawed thanks to successful NRA lobbying in Congress).

few pundits have boldly predicted the NRA’s demise. But the gun lobby continues to endure, for a number of reasons. First, it controls the message, including running a script designed to deflect debate away from gun reform after every mass attack. Second, it uses “independent experts” like lawyers David Kopel and David T. Hardy, each of whom testified after Sandy Hook on national television in the Senate without anyone disclosing that Kopel in particular had by then received $1.39 million from the NRA.

Third, the NRA sets up shell organizations like the Law Enforcement Alliance of America to claim more support from police than actually exists. And, finally, the group intimidates politicians by wielding funds from its gun-industry-filled coffers, less to make donations to the candidates it supports than to finance attack ads against opponents, usually on nongun issues (like Benghazi).

The racial tensions that have exploded over the past two years since the shooting of Michael Brown in Ferguson, Missouri, have only bolstered the gun lobby. Yet the sniper attack on police in Dallas, Texas, led some law enforcement officers to challenge policies long championed by the NRA. After the Baton Rouge, Louisiana, attacks, the head of the Cleveland police union raised the safety of police officers to try to get Ohio to ban both concealed and open-carry of weapons in downtown Cleveland during the Republican National Convention. The effort failed, but it shows that law enforcement is not lined up behind the gun lobby as the NRA claims.

Since Sandy Hook, a number of new gun reformist groups have emerged, including one funded by former New York City Mayor Michael Bloomberg. But all of them combined still pale in comparison to the kind of deep-rooted national and local voter networks painstakingly built over decades by the NRA. One Pennsylvania gun-rights blogger mocks these gun reform efforts as little more than astroturf, meaning you can buy it and lay it down but it still won’t grow into a grassroots movement.

This year, the gun rights movement is enjoying a higher national profile than ever before. Meanwhile, the gun reform movement, despite the very good work of groups going back decades like the Brady Campaign and the Violence Policy Center, is in many ways just getting started. Gun reformists need to pace themselves for the struggle ahead.

The gun lobby will outlast Trump. But his campaign has helped bring far-right gun enthusiasts and white supremacist groups into the mainstream.

“We have a wonderful OPPORTUNITY here folks, that may never come again, at the RIGHT time,” wrote Rocky Suhayda, the chairman of the American Nazi Party last fall, as was recently reported by Buzzfeed. “Donald Trump’s campaign statements, if nothing else, have SHOWN that ‘our views’ are NOT so ‘unpopular’ as the Political Correctness crowd have told everyone they are!”

Mainstream pundits and the Clinton campaign are right: Trump’s talk is inciting violence, and America has a tragic history of political assassinations. We have a history of homegrown terrorism, too.

Frank Smyth is an award-winning investigative journalist and gun owner who covers the gun lobby the The Progressive. He has written about the NRA for more than twenty years for outlets including The Village Voice and The Washington Post. 

Why Trump’s Second Amendment Comments are More Dangerous than You Think

Read the original article here: http://www.progressive.org/news/2016/08/188903/why-trump{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}99s-second-amendment-comments-are-more-dangerous-you-think

It makes sense to worry that Donald Trump’s most recent comments about the Second Amendment could encourage an assassination attempt against Hillary Clinton. But as a long-time follower of the gun rights movement, I think Trump’s words mean something else. Hiscontroversial statement in a speech that “Second Amendment people” could stop Hillary Clinton from appointing liberal judges and cracking down on gun rights fits in with a familiar NRA message to members–that gun owners should prepare for an armed insurrection against the state. Trump is stoking the coals of an extremist movement that in the long-run may prove even more dangerous than any aspiring assassin inspired by Trump.

“He pointed out that an armed populace is a check on lawless politicians,” wrote the “FuriousYachtsman” this week about Trump’s Second Amendment remarks on the pro-gunar15.com forum, adding: “I wonder if anybody else ever thought of that? Or codified it in a document of some type?”

While Trump and his supporters like to claim he is upholding the Constitution, his latest comments are an escalation of his ongoing attack against the credibility of our constitutional democratic process. Since he started losing ground in the polls, Trump began claiming without evidence that “the system” and the elections are rigged. Now he seems to be suggesting that some kind of collective act of resistance may be necessary to stop an overreaching government should Clinton win the November election.

This is a message that resonates with the hardline base of the gun lobby and the National Rifle Association, which last month had a representative speak from the stage of a Republican National Convention for the first time. It also speaks to people like the small group of armed men who occupied of an Oregon National Wildlife Refuge earlier this year, calling themselves Citizens for Constitutional Freedom. And it’s a message that strikes a chord with white supremacists and neo-Nazis who have never felt so comfortable with a major party Presidential candidate as they do now.

Americans should not forget that Timothy McVeigh was a gun rights absolutist who was following the plot of a novel, The Turner Diaries, written by a neo-Nazi leader, when in 1995 he blew up a federal building in Oklahoma City. Nor should we forget that he did so on the second anniversary of the federal siege at Waco, Texas, which for most people was a tragic standoff between the government and the Branch Davidians, a messianic cult. For gun rights absolutists, Waco remains a galvanizing example of federal abuse of power. Most important to gun advocates, the original reason for the raid was the presence of illegal, fully-automatic weapons.

Seen in that context, Trump’s recent remarks are more potentially treasonous than encouraging Russian agents to hack into Democratic National Committee emails. They are a more serious threat than Trump’s remarks that riots might break out if he did not receive the Republican party nomination. His appeal to “Second Amendment people” is the kind of claim you might hear from a failing candidate in an underdeveloped nation prone to coups. For the first time in modern history, a major U.S. presidential candidate seems to be promoting a possible armed insurrection against the U.S. government.

Trump’s words, as usual, were sketchy and ambiguous. Clinton wants to essentially revoke the Second Amendment, Trump said, and then added:

“If she gets to pick her judges, nothing you can do, folks. Although the Second Amendment people — maybe there is, I don’t know.”

A Trump spokesman claimed he meant that “Second Amendment people” would act before the election by “voting in record numbers” to defeat Clinton. A Trump spokeswoman later said he meant “Second Amendment people” would act afterward if she wins through the clout of the National Rifle Association to stop senators from approving her pick for a justice.

Neither explanation is what countless gun rights absolutists heard. For them, the Second Amendment is about their right to keep arms in order to fight an insurgent war against our own government, should one ever become necessary to keep tyranny at bay. This may sound ludicrous. But go to Twitter and search terms like #2A, #NRA and #MolonLobe, an ancient Greek term for “Come and Take Them” away. Or spend any time on websites like InfoWars.com. Or read NRA statements.

“Our Founding Fathers wrote the Second Amendment so Americans would never have to live in tyranny,” said NRA Executive Director Wayne LaPierre in 2012 before a U.N. arms control panel in New York.

“When you ignore the right of good people to own firearms to protect their freedom, you become the enablers of future tyrants whose regimes will destroy millions and millions of defenseless lives.”

This view has nothing to do with hunting or sports shooting, which is where the NRA —until hardliners took over the organization in the late 1970s— has its roots. In fact, NRA hardline advocates today deride hunters who don’t share their Second Amendment views as “Fudds,” short for the bumbling cartoon character Elmer Fudd who never managed to shoot Buggs Bunny. The late President Ronald Reagan was the NRA’s most famous Fudd for supporting gun control both during his tenure and after.

Gun rights absolutists don’t entirely trust Trump, either. “Never trust a fudd,” wrote “waltdewalt” on a gun politics page on Reddit last month, suggesting Trump is not as committed to the Second Amendment as he claims. The gun lobby will outlast Trump. But his campaign has helped bring far right gun enthusiasts and white supremacist groups into the mainstream.

“We have a wonderful OPPORTUNITY here folks, that may never come again, at the RIGHT time,” wrote Rocky Suhayda, the chairman of the American Nazi Party last fall, as was recentlyreported by Buzzfeed.

“Donald Trump’s campaign statements, if nothing else, have SHOWN that ‘our views’ are NOT so ‘unpopular’ as the Political Correctness crowd have told everyone they are!”

Mainstream pundits and the Clinton campaign are right: Trump’s talk is inciting violence, and America has a tragic history of political assassinations. We have a history of homegrown terrorism, too.

Frank Smyth is a freelance journalist and gun owner who won the Society of Professional Journalists National Magazine Investigative Reporting Award for his Mother Jonesexposé,“Unmasking the NRA’s Inner Circle,” after the Sandy Hook shooting. He has also written about the gun lobby in The Village Voice and The Washington Post, and writes often about the NRA in The Progressive.

Why Can’t We Do Anything About Guns?

Read the original article here: http://www.progressive.org/news/2016/06/188793/why-can{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}99t-we-do-anything-about-guns

Once again, in the wake of a horrific mass shooting, Congress has failed to pass even any token gun reform legislation. This time, legislative inaction took a little more than eight days.

Why can’t we do anything about massacres with semi-automatic, high-capacity guns that have helped make ours the most violent advanced nation on earth? Because we have allowed a minority of extremists to control the gun debate.

The only thing stopping real gun reform in the United States is a paranoid fear that has long been quietly peddled by the gun lobby. Any system of regulation, they maintain, would create lists of gun owners that some future, tyrannical regime would use to seize Americans’ guns and impose a totalitarian state.

That might sound like hyperbole (and it is), but propaganda about a federal government registry or list of gun owners is the chief obstacle to meaningful gun reform in the United States.

For decades, proponents of gun reform have avoided the gun lobby’s central argument. Cowed by the NRA, they have chosen to try to make incremental reforms in the vain hope that they might some day build enough momentum to make a difference. That’s what happened when Democratic Senators led a filibuster last week after the Orlando gay nightclub shooting, and proposed reforms including a “no-buy” list for suspected terrorists, and a new “assault weapons” ban.

A “no buy” list would be a step in the right direction, but it would still only stop terrorist suspects who have already been clearly flagged as dangerous. An “assault weapons” ban, if it looks anything like the 1994 ban, would outlaw guns based more on their cosmetic features than their mechanical functions, or proscribe some guns while allowing for other, equally lethal weapons.

Similarly, expanded background checks, a reform proposed after the Sandy Hook school shooting that failed to pass Congress, would deter some gun buyers. But even so-called “universal” background checks, if they were finally enacted, would only marginally help reduce gun violence. In the bills proposed after recent mass shootings,  “universal” background checks have been riddled with loopholes for gun shows and private sales.

Over and over, members of Congress have allowed the NRA to deflect, distort and ultimately define the terms of the gun debate. Aging rocker, bona fide Vietnam-era draft dodger, and NRA board member Ted Nugent may be a raging, racist buffoon, but NRA executive director Wayne LaPierre is a master at public communication. He has long quietly struck an ideological chord with NRA loyalists, while making far more pragmatic sounding arguments in public.

NRA spokeswoman Catherine Mortensen at NRA headquarters in Fairfax, Virginia declined to comment for this story.

But NRA spokespeople follow a script, as anyone watching cable news since the Orlando gay nightclub shooting must have noticed. This is how it goes:

  • Before trying to pass any new laws, government must first “enforce the laws already on the books.” (Don’t mention that NRA lobbying has ensured that agencies tasked with enforcing gun laws don’t have the resources to do it. The Bureau of Alcohol, Tobacco and Firearms, or ATF, prevented by law from using an electronic database to track gun sales, specifically because of NRA pressure. The Centers for Disease Control are barred from conducting research on gun violence.)
  • Proposed reforms would not have prevented shooters in recent tragedies from obtaining guns, as LaPierre said Sunday on CBS’s “Face the Nation.” (The NRA, by the way, is largely right on this point, as I explain above.)
  • Bog the discussion down with mechanical minutiae about guns like whether an AR-15 riflewas used in Orlando. Disdainfully point out, for instance, that the Sig Sauer MCX rifle used inside the nightclub operates with a different firing system—gas piston instead of direct impingement- than the traditional AR-15, which the NRA has dubbed “America’s rifle.” Even though the manufacturer markets the MCX as a “next generation” improvement on the AR-15.

Most importantly, wrap yourself in the Second Amendment, saying undermining it is no way to respond to gun tragedies, like Republican House Speaker Paul Ryan did last week after Orlando. Without ever explaining how exactly the Second Amendment allegedly protects an unlimited right to guns, as the NRA claims; it doesn’t, and no court has ever ruled it does.

Finally, start over and repeat the same points ad infinitum, to prevent gun dialogue from advancing any further. The result? After each gun tragedy from Sandy Hook to San Bernardino, from Aurora to Orlando, from Columbine to Charleston, from Virginia Tech to Tucson, we end up talking more about why specific reform measures won’t work than about what actually will. Rarely, if ever, do we begin the conversation with a simple premise, Why can’t we make a difference?

This is the kind of broad question that makes NRA lobbyists nervous, as the answer has the potential to unmask the fallacy of their own core claim: Americans must have unregulated access to unlimited quantities of high-powered firearms to defend our freedom and, if necessary, fight a war or wage an insurrection against the state.

That claim might sound like a B movie pitch (as in the 1984 classic “Red Dawn” starring the late Patrick Swayze and directed by former NRA board director John Milius). But it is the steady drumbeat played by right-wing talk radio hosts like Rush Limbaugh, and Internet outlets including  Glen Beck’s DailyCaller.com and Alex Jones’ InfoWars.com. More than a few Twitter streams are similarly flooded with terms like #Molon Labe, a classic Greek phrase for “come and take” them [guns], often juxtaposed to #NRA.

Such views have helped spawn terrorism before. In 1995, on the second anniversary of the Waco siege, Timothy McVeigh bombed the federal building in Oklahoma City, killing 168 people including 19 children. McVeigh later said he was acting in revenge for Waco’s federal raid over illegal guns, and in opposition to the “assault weapons” ban that had just passed Congress.

The gun lobby has publicly distanced itself from people like McVeigh, but its leaders clearly support the notion of armed insurrection against the state.

“Our Founding Fathers wrote the Second Amendment so Americans would never have to live in tyranny,” LaPierre said in 2012 before a United Nations international arms control panel. “Our Second Amendment is freedom’s most valuable, most cherished, most irreplaceable idea.”

“History proves it,” he went on. “When you ignore the right of good people to own firearms to protect their freedom, you become the enablers of future tyrants whose regimes will destroy millions and millions of defenseless lives.”

History proves no such thing, even though Ben Carson made this explicit claim in the case of Nazi Germany both in his book and when he ran for the Republican nomination for president earlier this year. Historians like professor of history and Holocaust studies Alan E. Steinweis at the University of Vermont have debunked this view, and no serious scholar has ever made a credible case for it.

Nor have U.S. courts ever even heard, let alone upheld such a view. The U.S. Supreme Court has interpreted the Second Amendment as ensuring not just the right of state militias to be armed, but also the right of individuals to keep a gun in the home for self-defense. But instead of upholding the gun lobby’s expansive claim of individual gun rights, the Court in an opinion written by the late Justice Antonin Scalia ruled that that the Second Amendment is “not unlimited” and that laws may be passed on “conditions and qualifications on the commercial sale of arms.”

While quietly telling its base that the NRA defends its alleged right of unlimited access to guns, NRA leaders have been far more circumspect in public when asked to address the matter. In 2013, after the Sandy Hook massacre, Sen. Dick Durbin asked LaPierre point blank about the purpose behind the Second Amendment, saying his own constituents in Illinois who are NRA members have told the senator: “We need the firepower and the ability to protect ourselves from our government—from our government, from the police—if they knock on our doors and we need to fight back.”

Wasn’t that the perfect chance for LaPierre to say clearly for all to hear how much the NRA cherishes the Second Amendment for its defense of freedom? But instead the NRA executive director, just seven months after his campy U.N. speech, spoke in a more subdued tone on national television:

“Senator, I think that without a doubt, if you look at why our Founding Fathers put it there, they had lived under the tyranny of King George and they wanted to make sure that these free people in this new country would never be subjugated again,” answered LaPierre.

The polished NRA communicator then deftly changed the subject.

In today’s world, LaPierre went on, the Second Amendment remains “relevant and essential” for other reasons. People fear “being abandoned by their government. If a tornado hits, if a hurricane hits, if a riot occurs that they’re gonna be out there alone. And the only way they’re gonna protect themself (sic) in the cold and the dark, when they’re vulnerable is with a firearm.”

There is an important distinction between these two types of scenarios. You might be willing to wait for a background check before obtaining a gun to protect your family. But if you are worried about the federal government, you might be concerned that any serious regulation of firearms would generate lists of gun owners could be used by “jack-booted government thugs,” as LaPierre himself put in a 1995 fundraising letter for which he later apologized, to seize Americans’ weapons and impose a rogue state.

The NRA is serious about that idea. In 2013, after Sandy Hook, the universal background checks bill that came closest to passing Congress included language as a concession to the NRA that would have imposed extra penalties of up to 15 years in prison for any official who helps create a federal gun registry.

If change is ever to come, it will mean finally calling out the NRA for a dangerous radicalism that is wholly out of step with the opinions of both U.S. courts and the public.

One of the NRA’s own slogans in this regard could help, but gun reformists must first turn it on its head. “Guns don’t kill people, people do.” Remember that? Right. So, following the lead of the “no-buy” list, we need to focus less on guns, and more on gun buyers.

Let’s make the purchase of any highly lethal weapon as involved a process as buying a car. We should ensure that every new gun buyer has the training and the insurance to properly store and handle his or her firearms safely.

Many gun owners would support such steps, just as they already support universal background checks. Such measures are also nearly the minimum standard in every other advanced nation.

In the United States, many gun buyers first see new products in the glossy, color pages of NRA magazines like American Rifleman produced only for NRA members. The fear that the government might one day come for your guns drives record gun sales, especially of expensive, high-powered weapons like AR-15 or next generation rifles used in Orlando, San Bernardino, Sandy Hook, Aurora and other shootings. And these sales tend to spike after every well-publicized mass shooting.

Many of the same firms that make these weapons also donate a percentage of sales or in other ways contribute to the NRA. That might help explain why both the gun lobby and its allied manufacturers continue to promote inaction, as America endures at least five times more gun violence than any other advanced nation, with a mass shooting that leaves at least four people dead or wounded occurring on average more than once a day.

The gun lobby’s professed fear of government further explains why it claims citizens must maintain access to weapons so powerful that The New York Times editorial page last week said “[n]o civilian anywhere should be allowed to have” them. Because if civilians are really going to defend America’s freedom by standing up to a potentially abusive government, they will need all the firepower they can find. That means not only AR-15-style rifles, but weapons like a .50 caliber sniper rifle along with silencers that can fit almost any kind of gun.

American gun violence is dominated by white males committing suicide, followed by young minorities dying on the streets, and at least 30 people dying every day. For the gun lobby, this is the price of freedom. For the rest of us, it is beyond obscene.

Mustering the courage to enact real reform is not going to be easy, and the struggle is certain to outlast the current electoral cycle. But if we are ever going to curb America’s pandemic of gun tragedies, we first need to face the extremist minority that enables them.

Frank Smyth is a freelance journalist and gun owner who won the Society of Professional Journalists National Magazine Investigative Reporting Award for his Mother Jones exposé,“Unmasking the NRA’s Inner Circle,” after the Sandy Hook shooting. He has also written about the gun lobby in The Village Voice and The Washington Post, and writes often about the NRA in The Progressive.

Despite Widespread Calls For Him to Go, the NRA is Stuck With Nugent

by Frank Smyth, February 16, 2016

The 1970s-era rock star and longtime National Rifle Association board director Ted Nugent lit a firestorm last week when he made a series of anti-Semitic posts on his Facebook page. Nugent accused prominent Jewish Americans of promoting gun control as part of a plot to disarm citizens and impose Nazi-like tyranny across the United States.

In response to criticism of his posts Nugent wrote, “what sort of racist prejudiced POS could possibly not know that Jews for gun control are nazis in disguise?”

Nugent has sat on the NRA board for more than twenty years. He’s also very popular among the organization’s leaders and members alike. Now, however, there is a movement from both outside and within the NRA demanding that Nugent finally be ousted.

But what casual observers of the gun lobby fail to realize is that the NRA’s own bylaws—withheld from the public, but obtained by The Progressive—make removing Nugent all but impossible anytime before 2017, and doubtful even after that. As I previously reported in Mother Jones, the National Rifle Association’s governing board of directors are elected through a tightly controlled nominating process, one that even former NRA directors have compared to a Soviet-style Politburo.

Previous efforts to recall NRA directors have dragged on for years, or have failed altogether. Nugent is up for reelection this year, but the bylaws that govern NRA board elections make it hard for any director with name recognition to lose. Eligible NRA members are asked to vote for up to twenty-five candidates out of no more than thirty officially sanctioned nominees. Nugent would have to end up being among the very least popular candidates not to be reelected.

In other words, it doesn’t matter how many members vote against him, only that he get more votes than a few others at the bottom of the pack.

Nugent could, of course, still step down voluntarily for the good of the organization. But his vigorous self-defense makes that seem unlikely. The NRA’s response to date makes it unclear whether they would even ask.

What is clear is that any effort to oust Nugent would divide the NRA.

Debbie Schlussel, a self-described conservative commentator, religious Jew, and gun rights advocate wrote on her blog site:

“Although thousands of people ‘liked’ and shared Ted Nugent’s scurrilous anti-Jewish screed and it drew a lot of anti-Semitic comments and support from Neo-Nazis and other anti-Semites, I’m very proud to note that many gun owners, particularly Christians and conservatives, posted comments attacking Nugent’s comments and disavowing them.”

It’s also unclear whether a movement to remove Nugent from the NRA board would succeed. “In this era of Trump, preceded by years of jackbooted PC thought policing, I don’t think the membership have much patience for ‘you can’t say that,’” wrote “Sebastian,” a Pennsylvania gun rights blogger and voting NRA member who wants Nugent off the board.

The NRA leadership, notably, has yet to weigh in. “Individual board members do not speak for the NRA,” spokesman Lars Dalseide told The Progressive, neither denouncing nor embracing Nugent’s remarks.

A few gun rights groups have denounced Nugent. Jews for the Preservation of Firearms Ownership, whose founder Nugent accurately states was a friend, recently posted on the group’s Facebook page that they were “appalled” at Nugent’s “deeply anti-Semitic comments.”

Another is Gun Owners of America, a much larger organization to the right of the NRA. The watchdog group Media Matters has linked longtime leader Larry Pratt to various white supremacist groups. But even Pratt denounced Nugent after his recent anti-Semitic rant.

“We’re very disappointed to see what Ted has done,” Pratt told the online magazine The Trace. “Gun Owners of America very strongly disagrees with his point of view.”

“Quite a few of the pro-gun people that I’ve spoken with today are simply done with Nugent,” wrote Bob Owens of the pro-gun website Bearing Arms. Owens stated that Nugent should apologize, and that if he wouldn’t, “then he has no business being on the board of an inclusive organization such as the National Rifle Association.”

This quote in particular has been repeated in The New York Daily News, The Washington Post, Huffington Post and Media Matters as evidence that gun owners at large are demanding the NRA oust Nugent from its board. On Friday, Charles C. W. Cooke in the National Review weighed in with a piece titled, “It’s Time for the NRA to Cut Ted Nugent Loose.”

But Cooke and other critics are all missing the same thing. The NRA could not cut Nugent loose even if most board directors wanted to. NRA bylaws that govern the organization have been written to maintain control over the board and to prevent challenges—more likely to come from the right-wing than from gun reformers.

“If they could, I’d say yes,” said the pro-gun blogger Sebastian in a public conversation with me on Twitter. But “NRA bylaws don’t allow it.” His Pennsylvania gun rights blog has long been sympathetic to the NRA. But many gun rights blogs have also been highly critical of the NRA for the way its leadership has long manipulated its own board elections.

“[T]he NRA insists on keeping election information and their board of directors shielded from public scrutiny,” noted Jeff Knox of the Firearms Coalition blog. “I don’t think most people who vote in NRA elections have much of a clue,” said Sebastian on Twitter. The process is so controlled that, in most years, fewer than seven percent of eligible NRA members bother to vote.

Similar to the way NRA bylaws control who gets elected to the board, the same bylaws control how a director may be removed once elected. Recalling a board director requires first the signatures of at least 450 eligible NRA members including 100 signatures each from three different states. But the signatures must be collected over the seven or eight month period beginning after the last NRA annual convention, held this past April in Nashville, and 150 days before the next NRA convention, taking place this May in Louisville.

So with May 20, the start of the Louisville convention, little more than three months away, it’s already too late for this year.

The signatures would then need to be validated, and, if enough were upheld, a hearing would be required within thirty days. If the hearing were to rule against Nugent, NRA voting members would be mailed ballots with pro and con opinions. Then, if a majority of responding voters were to mail back their ballots in favor of recall, that step would finally get Nugent off the board.

In other words, there is nothing that anyone can do to even start the process until nearly summer. Even then, the procedures would be sure drag on into 2017, to be decided perhaps at least a year from now, if at all.

Petitions to recall NRA directors have failed before. There has been an ongoing effort to try and recall Joaquin Jackson, a storied Texas Ranger who has acted in Hollywood films alongside stars like Tommy Lee Jones. In a 2005 interview Jackson said that he did not understand why any hunter would need more than five rounds. Jackson has been since derided as an “Elmer Fudd,” the bungling cartoon character whom NRA hardliners use to label those who fail to support the need for high-powered, high-capacity weapons.

Despite the decade-long effort, the former Texas Ranger remains on the NRA board.

This year another NRA director with even more name recognition faces a stronger challenge. In ballots slated to arrive this week, eligible NRA voters are being asked to vote for or against the recall of NRA director Grover Norquist. The prominent Republican and director of Americans for Tax Reform is accused of having ties to Islamist groups including the Muslim Brotherhood. Part of the concern is that Norquist’s wife is a Palestinian Muslim.

But the effort to recall Norquist has been in process within the NRA for nearly two years, and it also seems unlikely to succeed. “I urge you to VOTE NO on the recall of Grover Norquist,” wrote Todd Rathner last week on the Ammoland blog.

The lengthy bylaw requirements, of course, are one reason why Nugent is going nowhere. But another reason is that many eligible NRA members might still vote for the aging rocker despite his recent anti-Semitic remarks. Said Sebastian about his fellow voting NRA members, “People are not in a mood to be persuaded, or to think rationally about things like this.”

Frank Smyth is a freelance journalist who has written about the National Rifle Association for The Progressive, The Village Voice, The Washington Post, Mother Jones and MSNBC.com.

– See more at: http://www.progressive.org/news/2016/02/188561/despite-widespread-calls-him-go-nra-stuck-nugent#sthash.CH9ZhCgu.dpuf

Cat Scratch Fever—Is Ted Nugent’s Racism Too Much for Republicans?

by Frank Smyth, February 10, 2016

Racism has long bubbled quietly beneath the surface of America’s gun rights movement, even as its well-heeled leaders have wrapped themselves in the cloak of respectability. White Supremacists and neo-Nazis openly hostile to blacks, Jews, and other minorities continue to appear in public at gun rights rallies. But the National Rifle Association, in particular, has long held openly racist groups at arm’s length from their conservative but still very much mainstream political organization.

Not anymore.

Yesterday longtime NRA board member Ted Nugent went further into racist territory than any previous NRA director—including himself. Nugent posted a graphic on his Facebook page featuring photos of Jewish-American leaders who have spoken out in support of gun violence prevention. The accompanying text states that Jews are “really behind gun control” and that they “really hate freedom.” Within hours the Anti-Defamation League denounced Nugent saying that “anti-Semitism has no place in the gun control debate.”

At the root of Nugent’s Facebook post is the notion that gun control can lead to tyranny, if not genocide, as Republican Presidential candidate Ben Carson posited in his book and on the campaign trail last year. Other Republican candidates including Donald Trump and Ted Cruz have made similar statements. But claiming that gun control could lead to genocide is still not the same as claiming that Jewish-American leaders are supporting gun control to take away Americans’ rights as part of some absurd racist plot, as Nugent—an NRA board director for the past 20 years—has suggested.

How will the NRA respond to Nugent’s rant? The NRA’s polished leadership, based just outside the Washington beltway in Virginia, has long walked a fine line between extremism and respectability. NRA leaders have tried to mollify gun rights absolutists, including the racist extremists in the base, while maintaining the mainstream respectability that continues to make the NRA America’s most powerful single-issue lobbying organization. To hold this balance, NRA leaders, some of whom could teach Karl Rove the finer points of deflective communication, say different things in public to mainstream audiences than they do behind closed doors.

A more timely question is how the field of Republican presidential candidates—all of whom have made statements sympathetic to the NRA and gun rights—will respond. What will they say when asked if the NRA should remove Ted Nugent from its board? At least one gun control group is already demanding the NRA board remove Nugent, although, to be fair, the same group has made the same demand before. Nugent once called the late Trayvon Martin, who was fatally shot in 2012 in Florida by neighborhood watch volunteer George Zimmerman, a “dope-smoking, racist gangsta wannabe.”

Nugent may be a has-been performer in today’s music charts, but he remains a favorite son of influential Republicans. In 2013, Texas Republican Congressman Steve Stockman invited Nugent to come to Washington to attend President Obama’s State of the Union Address. The 67-year-old rocker, an avid gun owner and hunter, enjoys support among conservatives even though he once told High Times and later the Detroit Free Press how he took crystal meth, defecated on himself, and stopped bathing or brushing his teeth for weeks to fool his local draft board into relieving him of military service in Vietnam. He also told them how he often slept with underage girls while on tour with his band.

Nugent’s social media post yesterday, however, crossed a line, even for him.

“Know these punks. They hate freedom, they hate good over evil, they would deny us the basic right to defense & to KEEP & BEAR ARMS,” he wrote. Beneath his words is a square image with individual photos of twelve Jewish-American figures including former New York Mayor Michael Bloomberg, Senators Diane Feinstein, Chuck Schumer and Barbara Boxer, Richard Blumenthal and Carl Levin, former Obama aide and Chicago mayor Rahm Emanuel, and Harvard law professor Alan Dershowitz, each emblazoned with the Israeli flag.

Within hours the New York Daily News wrote a brief online piece protesting the post. Nugent soon fired back: “Just when you hope that mankind coudnt (sic) possibly get any dumber or more dishonest, superFreaks rise to the occasion. What sort of racist prejudiced POS could possibly not know that Jews for guncontrol are nazis in disguise?”

Nugent then made another Facebook post, this time of a late 1930s-era photo of German Nazis rounding up Jews showing one man wearing a Star of David. Beneath the image were the words: ‘Back when I learned about the Holocaust in school, I remember thinking, “How did Hitler get MILLIONS of people to follow along blindly and NOT fight back? Then I realized I am watching my fellow Americans take the same path.”

Images and texts like these—claiming that the Holocaust was the result of gun control—circulate widely on social media among gun rights absolutists and so-called Second Amendment advocates. To make sure Nugent’s 2.7 million Facebook followers got his point, Nugent wrote himself in the same post: “Soulless sheep to slaughter. Not me.”

Among the Republican Presidential candidates, Ben Carson has claimed that gun control in Nazi Germany helped produce the Holocaust. In his book, A More Perfect Union, Carson wrote that “German citizens were disarmed by their government in the late 1930s, and by the mid-1940s Hitler’s regime had mercilessly slaughtered six million Jews and others whom they considered inferior.”

Carson repeated this claim in October as he was running for President in a CNN interview with Wolf Blitzer, and then again a few weeks later in a speech at the National Press Club. Other Presidential candidates in both major parties chose not to weigh in at the time. But Alan E. Steinweis, a University of Vermont professor of history and Holocaust studies, debunked his claims in a New York Times op-ed.

“Mr. Carson’s argument,” wrote Steinweis, “is strangely ahistorical, a classic instance of injecting an issue that is important in our place and time into an historical situation where it was not seen as important. I can think of no serious work of scholarship on the Nazi dictatorship or on the causes of the Holocaust in which Nazi gun control measures feature as a significant factor. Neither does gun control figure in the collective historical memory of any group that was targeted by the Nazi regime, be they Jews, Gypsies, the disabled, gay people or Poles. It is simply a non-issue.”

Neither the NRA, nor its paid stable of legal scholars—whose undisclosed NRA financing I have documented here and one of whom, David Kopel, recently appeared on NPR’s Diane Rehm show talking about gun issues without disclosing his NRA funding—have since weighed either in support of Dr. Carson, or to challenge Dr. Steinweis.

But that didn’t stop NRA board director Nugent from going ahead and putting forth the theory again. After all, such unsubstantiated claims thrive in Twitter posts with hashtags including #NRA #2A (Second Amendment) #TCOT (Top Conservatives on Twitter) and “Molon Labe.” The term Molon Labe derives from the Greco-Persian wars of 480 B.C. and means “come and take them” or, what in contemporary NRA vernacular might be more like: “If you want to take my gun, you’ll have try pry it from my cold, dead hands.”

What motivated Ted Nugent to make such an unambiguously racist post now is unclear. He could not be reached for comment. On his Facebook page I queried him: “Ted, So why are you raising the sheep to the slaughter issue now? Do you know something we don’t?” Although he “liked” my comment, he hasn’t responded further.

One cannot help but wonder if he may have been influenced by some of the rhetoric used by candidates in the current Presidential campaign. After the terrorist attacks last fall in Paris, Donald Trump suggested that they were the result of France’s relatively strict gun control policies—policies that are similar to  those in every other Western European nation. The French ambassador Gerardo Araud responded to Trump’s remarks on Twitter: “This message is repugnant in its lack of any human decency. Vulture.”

Nugent endorsed Trump’s candidacy this past fall.

One of Trump’s challengers, Ted Cruz recently echoed a similar theme: “The right to self-defense is an essential component of the liberty we enjoy as Americans and is embodied in the Second Amendment.” The Canadian-born Texas senator’s view is shared by many American gun rights advocates. But whether gun control itself can lead to tyranny, or a genocide like the Holocaust, as Nugent just claimed, is a question that neither Trump nor Cruz has yet to address.

Ted Nugent’s statements may seem extreme to outsiders, but they reflect gospel truth within the gun rights absolutist community. The community even includes a few Jewish-Americans. “The founder of Jews For the Preservation of Firearms Ownership called me his 2nd Amendment/Freedom hero,” Nugent wrote yesterday on Facebook. The founder of this Jewish, pro-gun group, Aaron Zelman, passed away in 2010. He was a longtime friend of the NRA. I once heard him speak behind closed doors in Minneapolis at a 1994 NRA board meeting—one year before Ted Nugent was elected to the NRA board. Zelman made the claim then that Nugent made today—that the Holocaust resulted from gun control. He received enthusiastic applause from about 75 listening NRA directors.

But NRA leaders—for decades—have been far more circumspect in public. In 2012, NRA Executive Director Wayne LaPierre addressed a Small Arms panel at the United Nations in New York, and unequivocally explained the real purpose, in his view, of the right to bear arms.

“Our Second Amendment is freedom’s most valuable, most cherished, most irreplaceable idea. History proves it.  When you ignore the right of good people to own firearms to protect their freedom, you become the enablers of future tyrants whose regimes will destroy millions and millions of defenseless lives,” he said. The statement remains posted on the NRA lobbying wing’s website.

But less than a year later, when pressed on this point by Democratic Senator Dick Durbin from Illinois during a Senate Judiciary Committee hearing in response to the carnage at Sandy Hook Elementary School, the NRA leader chose more guarded language.

Sen. Durbin asked LaPierre point blank about the purpose behind the Second Amendment, saying his own constituents who are NRA members have said it’s not just about hunting, shooting targets, or even defense against criminals, telling the senator: “We need the firepower and the ability to protect ourselves from our government—from our government, from the police—if they knock on our doors and we need to fight back.”

It seemed like the perfect opportunity for the NRA leader to lay out how the NRA cherishes the Second Amendment for its defense of freedom. But LaPierre, in a far milder tone that he used at the United Nations in New York seven months before, gave a far more subdued answer on camera in Washington:

“Senator, I think that without a doubt, if you look at why our founding fathers put it there, they had lived under the tyranny of King George and they wanted to make sure that these free people in this new country would never be subjugated again,” said LaPierre.

But in today’s world, the NRA leader went on, the Second Amendment remains “relevant and essential” for other reasons. People fear “being abandoned by their government. If a tornado hits, if a hurricane hits, if a riot occurs that they’re gonna be out there alone. And the only way they’re gonna protect themself (sic) in the cold and the dark, when they’re vulnerable is with a firearm.”

Ted Nugent is one NRA leader who has never been guarded in his talk about the Second Amendment which, in his view, is still all about the right to not only bear arms, but to bear them against the government when and if needed to prevent tyranny. If recent Twitter posts are any indication, many NRA advocates agree with him. “Ted Nugent is right!” reads one such post that included a news headline, “Jewish groups push for action on gun control.”

So what does the NRA think about Ted Nugent’s claim that Jewish-Americans who support gun control are really Nazis in disguise trying to disarm Americans to impose tyranny? This is one question to ask NRA leaders like LaPierre. Another is, should the NRA remove Nugent from its board?

The same questions should be put to Presidential candidates starting with Carson, Trump, and Cruz.

Frank Smyth is a freelance journalist who has written about the National Rifle Association for The Progressive, The Village Voice, The Washington Post, Mother Jones and MSNBC.com.

– See more at: http://www.progressive.org/news/2016/02/188548/cat-scratch-fever{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}94-ted-nugent{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}E2{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}80{2ef06ca992448c50a258763a7da34b197719f7cbe0b72ffbdc84f980e5f312af}99s-racism-too-much-republicans#sthash.cbgVPR93.dpuf

In times of war, Pentagon reserves right to treat journalists like spies

This piece was originally posted by the Committee to Protect Journalists on CPJ’s blog here.

In times of war, Pentagon reserves right to treat journalists like spies

by Frank Smyth, July 21, 2015

A press briefing at the Pentagon in April. Worrying guidelines on how the military can categorize the press during conflict are contained in the Defense Department's Law of War Manual. (AP/Andrew Harnik)

A press briefing at the Pentagon in April. Worrying guidelines on how the military can categorize the press during conflict are contained in the Defense Department’s Law of War Manual. (AP/Andrew Harnik)

The Pentagon has produced its first Department of Defense-wide Law of WarManual and the results are not encouraging for journalists who, the documents state, may be treated as “unprivileged belligerents.” But the manual’s justification for categorizing journalists this way is not based on any specific case, law or treaty. Instead, the relevant passages have footnotes referring to either other parts of the document or matters not germane to this legal assertion. And the language used to attempt to justify this categorization is weak at best.

This broad and poorly defined category gives U.S. military commanders across all services the purported right to at least detain journalists without charge, and without any apparent need to show evidence or bring a suspect to trial. The Obama administration’s Defense Department appears to have taken the ill-defined practices begun under the Bush administration during the War on Terror and codified them to formally govern the way U.S. military forces treat journalists covering conflicts.

The manual’s impact overseas, especially in the short run, may be even worse. The language used to justify treating journalists as “unprivileged belligerents” comes at a time when international law for conflict is being flouted by armed groups–including government, militia, and insurgent forces–from Ukraine and Iraq to Nigeria and the Congo–and during a time in which CPJ has documented record numbers of journalists being imprisoned and killed. At a time when international leadership on human rights and press freedom is most needed, the Pentagon has produced a self-serving document that is unfortunately helping to lower the bar.

So far the manual has received little press, but both The Washington Times andRussia Today covered it. The Moscow-funded global news outlet Russia Todayquoted Chris Chambers, a Georgetown University undergraduate communications professor, saying that the manual gives U.S. military forces “license to attack” journalists.

At 1,180 pages long and with 6,196 footnotes, the manual includes vague and contradictory language about when and how the category of “unprivileged belligerents” might be applied to journalists. It ignores the most relevant cases where the U.S. military detained war correspondents and accused them of being–using the term coined by Pentagon officials in the 2000s–“unlawful combatants,” without producing evidence or bringing even one accused journalist to trial. The manual mentions international human rights treaties and declarations, but ignores the most important one, the Universal Declaration of Human Rights, which deals most clearly with the right to free expression and the press.

The Law of War manual is the Defense Department’s most ambitious endeavor of its kind to date. Yet its authority already seems in doubt. The last paragraph in the preface written by lead author and top Pentagon lawyer, Stephen W. Preston, is a disclaimer stating that, while the manual represents the views of the Defense Department, it does not necessarily represent the view of the government. Weeks after the document was released, Preston, who previously served as general counsel to the CIA, resigned quietly without any public notification. He could not be located for comment.

The manual devotes attention to “classes of persons” who “do not fit neatly within the dichotomy” between combatants and civilians, and replaces the term “unlawful combatants,” which U.S. officials used to refer to terrorist suspects held under extra-legal circumstances in the wake of September 11, 2001 attacks, with “unprivileged belligerent.”

“Unprivileged” means the suspect is not entitled to the rights afforded to prisoners of war under international law and can instead be held as a criminal suspect in a category that includes suspected spies, saboteurs, and guerrillas.

Prisoners of war are protected internationally with rights that include being treated humanely, having their status as prisoners reported to a neutral body such as the International Committee of the Red Cross, and being held with the expectation of release once hostilities end. “Unprivileged belligerents,” however, like “spies, saboteurs and other persons engaging in similar acts behind enemy lines,” according to the Law of War Manual, may be subject to domestic laws. The domestic penalties for such suspects can include, for instance, the death penalty for those found guilty of spying.

“In general, journalists are civilians. However, journalists may be members of the armed forces, persons authorized to accompany the armed forces, or unprivileged belligerents,” reads the manual. While the document notes in other parts that journalists can work independently, in this section it fails to explain under what circumstances, or for what kinds of activities the category “unprivileged belligerents” could be applied to journalists.

A Pentagon spokesman offered a few examples. “The fact that a person is a journalist does not prevent that person from becoming an unprivileged belligerent,” U.S. Army Lieutenant Colonel Joe Sowers, of the Pentagon’s Office of the Assistant Secretary for Public Affairs, told The Washington Times. Sowers pointed to the al-Qaeda publication Inspire, saying that propagandists for terrorist groups could be categorized as unprivileged belligerents. So could enemy spies who use journalism as a cover, he added.

But the language in the Pentagon manual seems to at least qualify one of the spokesman’s claims. In footnote 241, which refers to section 2.24.1 on independent journalists, the manual cites a U.N. report to the International Criminal Tribunal for the former Yugoslavia. “Whether the media constitutes a legitimate target group is a debatable issue. If the media is used to incite crimes, as in Rwanda, then it is a legitimate target. If it is merely disseminating propaganda to generate support for the war effort, it is not a legitimate target,” it states.

The manual does not create new laws, Sowers told CPJ. Instead, it “provides a description” of existing laws-of-war rules for “informational purposes; it is not an authorization for any person to take any particular action related to journalists or anyone else.”

The U.S. military has taken action against journalists before. Bilal Hussein, whose photo of insurgents firing on U.S. soldiers in Fallujah in 2004 helped earn Associated Press photographers, including Hussein, the Pulitzer Prize, was detained by Marines in 2006 and held for two years. The U.S. military never provided evidence or an explanation for the detention of the AP photographer, who was presented with CPJ’s International Press Freedom Award in 2008.

Sami al-Haj, an Al-Jazeera cameraman, was detained in December 2001 by Pakistani forces along the Afghan-Pakistani border while covering a U.S.-led offensive against the Taliban in Afghanistan. U.S. military forces accused the Sudanese cameraman of being a financial courier for armed groups and assisting al-Qaeda and extremist figures, but never provided evidence to support the claims,CPJ found in its 2006 report “Sami al-Haj: The Enemy?” Al-Haj, who is now is head of the human rights and public liberties department at Al-Jazeera, was held for six years at the U.S. military base in Guantanamo, Cuba. Prior to releasing him, U.S. military officials tried to compel al-Haj to agree to spy on Al-Jazeera as a condition of his release, his lawyer, Clive Stafford Smith, told CPJ and media outlets.

One section of the Law of War Manual deals with “Mixed Cases” made up of “(1) certain personnel engaged in humanitarian duties; (2) certain authorized supporters of armed forces; and (3) unprivileged belligerents.” But journalists are not among the examples listed in this category, Sowers told CPJ, and the section that does deal with journalists treats them as “a factual category rather than a legal case.”

Factually speaking, the manual acknowledges “independent journalists” are “regarded as civilians.” But it also rightfully notes limits and cases that could lead a journalist to lose their legal status as a member of the press. For instance, “journalism does not constitute taking a direct part in hostilities such that such a person would be deprived of protection from being made the object of attack.” The manual adds: “In some cases, the relaying of information (such as providing information of immediate use in combat operations) could constitute taking direct part in hostilities.”

U.S. military authorities made similar, unsubstantiated claims about AP’s Hussein and Al-Jazeera’s al-Haj, whose cases the manual ignores. Instead the manual offers its own perspective on how journalists covering conflict should operate.

“Reporting on military operations can be very similar to collecting intelligence or even spying. A journalist who acts as a spy may be subject to security measures and punished if captured,” it states. “To avoid being mistaken for spies, journalists should act openly and with the permission of relevant authorities. Presenting identification documents, such as the identification card issued to authorized war correspondents or other appropriate identification, may help journalists avoid being mistaken as spies.”

As any conflict reporter knows, the idea of finding relevant authorities and seeking permission to report on a battlefield would be as unlikely as it would be unwise. Who constitutes relevant authorities is often impossible to determine in shifting battle lines. Moreover, the manual’s language seems to weaken the point of other passages that affirm the right of independent reporters to be on the battlefield.

Finally, the language in paragraph 4.24.5 “Security Precautions and Journalists” simply contradicts the post-World War II norm of a free press. “States may need to censor journalists’ work or take other security measures so that journalists do not reveal sensitive information to the enemy. Under the law of war, there is no special right for journalists to enter a State’s territory without its consent or to access areas of military operations without the consent of the State conducting those operations,” it says.

To delay journalists who are embedded with the military from filing information that could be of use to an enemy for a reasonable period of time is one thing. But to flatly ban journalists from conflict areas, or to restrict or censor them from filing allegedly sensitive information, which the manual fails to specify or explain, would be a violation of international documents such as the Universal Declaration of Human Rights. Under Article 19, the declaration affirms not only the right to free expression, but the right to “receive and impart information through any media and regardless of frontiers.” The manual ignores it, even though the declaration was conceived and sponsored by the U.S.

The manual addresses other human rights treaties and documents, including the International Covenant on Civil and Political Rights, noting that tension can indeed arise between them and the laws of war. But the manual continues to state that the rules of war trump human rights treaties on the battlefield. “These apparent conflicts may be resolved by the principle that the law of war is the lex specialis during situations of armed conflict, and, as such, is the controlling body of law with regard to the conduct of hostilities and the protection of war victims.”

Authors involved in some of the manual’s earlier drafts argued in The Weekly Standard that prior drafts were too deferential to human rights concerns due to the influence of Obama administration State Department political appointees and human rights activists on the National Security Council. The manual goes on to note that “human rights treaties would clearly be controlling with respect to matters that are within their scope of application and that are not addressed by the laws of war,” using language suggesting that a compromise may have been reached to try to find balance.

The manual states in its preface that it has built on antecedent manuals by U.S. military services, the most important of which was a U.S. Army manual on The Law of Land Warfare published in 1956. Military legal experts from the United Kingdom, Canada, New Zealand, and Australia also had input, as did unspecified “distinguished scholars.”

The manual ignores many other scholars. While it includes 21 citations, for instance, to a 1923 Commission of Jurists to Consider and Report Upon the Revision of the Rules of Warfare, the manual arguably ignores more relevant documents, including a 2009 International Commission of Jurists report on the Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights (to which I testified on behalf of CPJ about the U.S. treatment of journalists).

By giving approval for the military to detain journalists on vague national security grounds, the manual is sending a disturbing message to dictatorships and democracies alike. The same accusations of threats to national security are routinely used to put journalists behind bars in nations including China, Ethiopia, and Russia to name just a few.

The message the manual sends to U.S. forces may have serious repercussions for press freedom and conflict journalists for years to come. By simply declaring a journalist an “unprivileged belligerent,” military commanders may now well claim the right to be able hold journalists for long periods outside the normal laws of war.

UPDATE: The twenty-fourth paragraph of this blog has been updated to reflect that the comments made in The Weekly Standard were related to early drafts of the manual.

“This is War”: How the CIA Justifies Torture

By Frank Smyth on December 10, 2014

Editor’s Note: This piece by Frank Smyth on the use of “negative incentive” methods in Central America was originally published in our August 1987 issue, under the title “El Salvador’s Forgotten War.” From Frank:

The Senate Intelligence Committee report released this week concluded that the CIA engaged in the torture of terrorist suspects in the years following 9/11 without obtaining any significant intelligence information, contrary to claims by former U.S. intelligence and Bush administration officials. The panel concluded that the CIA techniques included waterboarding or nearly drowning suspects, prolonged sleep deprivation, and other techniques including making suspects wear diapers, putting insects in their cells, and subjecting detainees to mock burials.

The revelations have cast the United States in a harsh light 25 years after the end of the Cold War. But such techniques have been employed by U.S. intelligence agencies, in fact, going back even longer. In the 1980s, during the Reagan administration’s effort to repel Marxist guerrilla movements in El Salvador and Guatemala, and to ultimately help oust a leftist revolutionary government in Nicaragua, U.S. intelligence agencies agencies used similar tactics then against Marxist guerrilla suspects that they used two decades later against Islamist terrorist suspects.

U.S. intelligence officers coined such techniques as applying a “negative incentive,” using an Orwellian euphemism for torture that echoes that kind of double-speak like “enhanced interrogation techniques” employed by U.S. officials in the 2000s.

Below is my 1987 story in The Progressive about the use of torture by U.S. intelligence agencies in Central America. It has a personal resonance for me. I interviewed many torture victims in El Salvador and Guatemala in the 1980s. In 1991, I found myself in an Iraqi prison run by intelligence agents from the regime led by President Saddam Hussein, and listened night after night as they tortured Iraqis suspected of having tried to overthrow his regime.

Torture knows no political bounds. No matter who the abuser is, it is employed more often for revenge and deterrence than to gather information. It is abhorrent in all forms. It must be called by its proper name. And it must be resisted always. Torture by U.S. officials has done much harm to many human beings. It has done irreparable harm to us.”

The U.S. Congress, like the American mass media, seem notoriously in­ capable of focusing on more than one international troublespot at a time. A few years ago, all eyes were on El Salvador, its infamous Death Squads, and the U.S. Government’s role in sustaining a brutally repressive regime. Today the spotlight is on Nicaragua and El Salvador is all but forgotten, despite a resurgence of political violence and new evidence of U.S. com­ plicity in assaults on human rights.

“The democratic revolution has just begun,” President Jose Napoleon Duarte told the Salvadoran people in his third an­nual state-of-the-union address on June 1. But one day earlier, labor leader Julio Portillo was shot at an anti-government dem­onstration near San Salvador. Three days before that, the offices of the Co-Madres (Committee of Mothers and Relatives of Political Prisoners Disappeared) were de­molished by a bomb. And earlier in May, the tortured, headless body of peasant leader Antonio Hernandez Martinez was found in San Miguel.

Hernandez, Portillo, and the Co-Madres were active participants in a labor-led op­position coalition that has been challeng­ing the Salvadoran government to pursue genuine reforms and negotiate an end to years of insurgent warfare. Instead, the Duarte government has chosen to dismiss the opposition as a subversive communist front.

The murdered Hernandez Martinez was last seen being led off by government sol­diers on April 16. He had been on his way to arrange for a loan to his peasant co­ operative.

Julio Portillo, who heads a high-school teachers’ union, was leading a peaceful anti-government protest outside Mariona prison when he was struck by one of the shots directed at the protesters from the direction of the Salvadoran army’s First Infantry Brigade.

Duarte ignored these developments when he traveled in a heavily armored eighty-car convoy to deliver his state-of-the-union address in the small northern town of Sensuntepeque. He unveiled fifty- four new proposals to rebuild El Salvador and promised to open a dialogue with left­ist guerrillas, provided they first laid down their arms.

The Salvadoran government maintains that the Farabundo Marti National Lib­eration Front (FMLN) is prolonging the conflict. But classified CIA documents re­veal that it is Duarte’s U.S.-backed government that has no interest in ending the civil war. In fact, these documents—pre­pared by the Office of African and Latin American Analysis in coordination with the CIA’s Directorate of Operations—dis­miss Duarte’s previous call for peace, is­ sued last year, as a meaningless “public-relations gesture.” Salvadoran govern­ment officials “see little to be gained in a dialogue with the rebels while the Salva­doran military has the initiative in the war,” says a CIA report dated September 2, 1986.

The Salvadoran military say they can win the war, and U.S. authorities believe the government has taken the upper hand. “Although they have not been decisively beaten,” the September CIA report states, “the guerrillas, in our view, no longer have the capacity to launch and sustain major offensives.”

Such assessments have often been made in the course of the eight-year-old conflict, and they have always turned out to be un­founded. Early this spring, at a time when the insurgents were believed to be in de­cline, the FMLN mounted a surprise at­tack on an army garrison at El Paraiso, killing sixty-nine government soldiers and one U.S. Army Special Forces adviser.

The FMLN has expanded its opera­tions to all fourteen provinces of El Sal­vador, increasing the likelihood that the struggle may continue for many years. The conflict has already claimed some 60,000 lives—more than 1 percent of the Salva­doran population.

Duarte, who has neither the will nor the power to oversee an end to the war, did offer two symbolic concessions in his June 1 speech: He said that he would allow sev­enty-eight wounded rebels to leave the country for medical treatment and that he might grant amnesty to 400 political pris­oners. At the same time, however, he re­jected out of hand a bold new FMLN peace initiative.

Three days before Duarte’s speech at Sensuntepeque, the FMLN had proposed to enter into direct negotiations with the government on July 15. Their offer in­cluded pledges to stop using land mines and to suspend their campaign of eco­nomic sabotage in exchange for an end to aerial bombing by the government and a halt of summary executions by both sides.

Guerrilla-planted mines cause up to 70 percent of government casualties and are, along with the economic-sabotage cam­paign, the insurgents’ most effective weap­ons. Government bombing missions are targeted on areas of high rebel activity, but most casualties are inflicted on civilians rather than FMLN fighters. The steps pro­posed by the FMLN would, therefore, go a long way toward reducing civilian cas­ualties.

But the Salvadoran government, backed by the United States, is interested only in a military solution. The Reagan Admin­istration has tried to make El Salvador a showcase for containment of communism in the Hemisphere, and has undertaken highly publicized steps to “professional­ize” the Salvadoran military.

In 1981, when unarmed civilians were being murdered at the rate of thirty-five a day, the U.S. Joint Chiefs of Staff sent Brigadier General Fred Woerner to con­duct a survey of the Salvadoran armed forces. His report, which called for the ex­pansion, equipping, training, and modern­ization of the Salvadoran military, set the tone for Reagan Administration policy toward El Salvador.

However, State Department sources confirm there was considerable friction within the Administration over its indif­ference to human-rights considerations. Under mounting pressure from church and human-rights groups, the Administration began in 1983 to express concern over the operations of the Salvadoran Death Squads.

“The idea,” says a former State Department official, “was to play by their rules”—”their” meaning such human-rights organizations as Amnesty International and Americas Watch, which had long crit­icized U.S. policy. Congress, mindful of El Salvador’s blatant disregard for human rights, had blocked or reduced Adminis­tration requests for an escalation of mili­tary aid. However, the new training effort undertaken by the U.S. Government was directed less at restoring human rights than at developing more sophisticated forms of interrogation.

The first group of 470 Salvadoran of­ficer cadets received training in a three-month course at Fort Benning, Georgia, in 1982. Another 600 arrived in 1983, fol­lowed by even more in 1984. Additional units, particularly elite battalions, were trained at Fort Bragg, North Carolina, and smaller units received special instruction at the U.S. Southern Command in Pan­ama. In 1985, 250 Salvadoran military personnel were sent to the Pentagon’s Re­gional Training Center in Tegucigalpa, Honduras. Last year, training shifted to a new center in La Union, El Salvador.

A Defense Department spokesman, Marine Captain Jay C. Farrar, said it is “highly doubtful” that these courses of­fered instruction in abusive interrogation techniques. But according to U.S. Army Special Forces advisers formerly stationed in the region, small courses for selected Salvadoran soldiers regularly included training in “negative-incentive” methods.

“Torture in El Salvador,” Americas Watch reported last year, “consists in­creasingly of physical abuse that does not leave physical marks, such as the capucha (hood to suffocate) and immersion in filthy water. . . . The most prevalent forms of abuse of detainees at present are sleep dep­rivation, food deprivation, and threats against family members. These practices, like the capucha and immersion, leave no physical marks.” State Department sources say abuse of this kind now occurs in about 20 percent of all prisoner interrogations.

A Pentagon intelligence officer who spoke on condition that his name not be published said such techniques “are ex­actly the kind of thing that the Special Forces are teaching in El Salvador.” He added that methods inappropriate for use by the police in the United States can be justified in El Salvador because “this is a war and a different situation.”

Even as the use of “negative-incentive” techniques has increased, blatant physical abuse continues. Few armed guerrillas have ever been taken prisoner, and it is gener­ally assumed that they are executed when captured in the field. According to former U.S. advisers, Salvadoran officers com­plain that they don’t have time for lengthy interrogations on patrol.

Military intelligence documents sent from El Salvador to Washington give an indication of how interrogations are con­ducted in the field. In mid-1985, three combatants of the FAL—a guerrilla group led by the Salvadoran Communist Party—were captured coming off the Guazapa Volcano near the capital. The interroga­tors were able to learn the pseudonyms of about thirty members of that guerrilla unit, their titles and functions, and the pseu­donyms of the three clandestine operatives who had recruited the prisoners.

The documents explain, in euphemistic terms, the interrogation of one combatant: “In the beginning he didn’t say much, due to his companeros who had told him that the FAL would beat or kill him [if he talked]. But once he saw that this was false, he opened up a little more.” The prisoner, it seems clear, was persuaded that his cap­tors would inflict greater harm if he didn’t talk than his comrades would if he did.

One goal of Reagan Administration policy is to avoid the kind of wholesale slaughter that used to lead to questions in Congress and public protests. But if the Duarte government’s current policy of selective repression were to fail to keep the domestic opposition un­der control, the military might resort to more obvious methods. Indeed, five un­armed alleged “FMLN collaborators” were murdered by the army’s Arce Battalion on May 22, their bodies thrown into a well.

CIA analysts fear the FMLN is trying to provoke violence between civilians and security forces, and have expressed con­cern that in the future the military may exercise less restraint: “Increasing violence will fuel the insurgency by alienating Duarte’s primary constituencies in the lower middle classes and the urban poor, or by provoking a coup and military crack­down.”

The extreme Right continues to play an active role in Salvadoran politics. Ultra-conservative parties, backed by the coun­try’s intransigent private sector, control El Salvador’s supreme court. For four months earlier this year, they boycotted the legis­lative assembly, which is dominated by Duarte’s Christian Democrats. A new rightist organization, the Movement for National Action, has entered the fray, call­ing for Duarte’s resignation and berating the military for failing to crush the insur­gents.

In the past, such rhetoric has preceded the unleashing of new Death Squad offen­sives. In fact, one of El Salvador’s notor­ious right-wing Death Squads resurfaced on June 16. The Maximiliano Hernandez Martinez Brigade accused fourteen teach­ers and students at the National Univer­sity of having guerrilla links, and gave them forty-eight hours to leave the country.

The ultraconservatives enjoy backing within the armed forces, especially among U.S.-trained oficiales de la guerra (war of­ ficers), including Colonel Sigfrido Ochoa, former commander of the Fourth Infantry Brigade in Chalatenango, and Colonel Mauricio Staben of the Arce Battalion. For these officers, there is no distinction be­tween the insurgents and the domestic po­litical opposition.

That may explain why opposition po­litical figures have come under violent po­litical attack in recent months, and why Duarte’s effectiveness has been markedly reduced. In the past few months, the mil­itary has grown increasingly independent in El Salvador, and another round of po­litical violence may be in the offing. •

Frank Smyth, a freelance writer in Wash­ington, D.C., has reported from El Salva­dor.

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