Water Man Spouts

Sunday, April 29, 2007

Please help (Western Shoshone)

{Hello, Friends: I am hoping that you will consider signing this petition, and sending it to friends and other groups who may be interested in helping. Thank you for your consideration. Your friend, Pat)


Tell Barrick to Stop Mining on Sacred Grounds April 25, 2007

Dear Friend: Tell Barrick Gold Corporation to stop mining on sacred grounds.

What would you do if someone came onto your land and started drilling for gold?

It's happening right now to the Western Shoshone people of Nevada. A mining company called Barrick Gold has been mining Shoshone lands without consent and is now expanding into Mount Tenabo and Horse Canyon, areas considered sacred to the Shoshone. Even though the Shoshone have repeatedly protested these incursions and the UN stated last year that no companies should mine these Native American tribal lands without the Shoshone's permission, Barrick has continued its operations.

Please help us tell Barrick to stop mining on sacred grounds. The Western Shoshone people have invited Barrick officials to discuss the matter, but the company has refused. Even worse, Barrick has continued its activities, bringing in drilling rigs and erecting a locked fence preventing access to certain areas. We want Barrick to know that the Western Shoshone peoples have strong support among concerned citizens around the world. Please sign the petition to show your support and to tell Barrick to stop drilling without Shoshone consent.

Send this message to your friends to help us make a strong statement for justice.

On May 2, Western Shoshone representatives will attend Barrick’s annual stockholder meeting in Toronto to restate their opposition to the mine and call on Barrick to make a good faith effort to resolve the issue. To strengthen their case, we are asking you to sign our petition calling on Barrick to stop mining without Shoshone consent.

Thank you for your support,
Tim Fullerton
OxfamAmerica

For more information on the Western Shoshone, click here:



http://act.oxfamamerica.org/campaign/barrick?rk=QpSrzLs1s5BuE

Friday, April 27, 2007

And Justice for All

"Equal and exact justice to all men, of whatever state or persuasion." – Thomas Jefferson

Some of the conflicts between the Congress and the Bush administration will end up in the federal courts by mid-summer 2007. As this happens, issues regarding injunctions and contempt will likely be of interest to those who want to see the administration held responsible for its criminal behavior. I thought it would be interesting to look back 30 years, to a US Supreme Court decision which found that "no man can be judge in his own case, however exalted his station …. But respect for judicial process is a small price to pay for the civilizing hand of law, which alone can give abiding meaning to constitutional freedom."

That case was Walker v. City of Birmingham, 388 U.S. 307 (1967). It involves Rev. Martin Luther King, Jr., and the 1963 protests in Birmingham. The story of Rev. King’s historic struggles in Birmingham can be found in books by and about him, as well as those covering the Civil Rights movement. Though some of Martin’s most important victories came from his experiences in Birmingham, he actually lost his appeal to the US Supreme Court for violating a state court injunction. It’s an important chapter in our nation’s history, and the case is worthy of our attention.

Many of the most Supreme Court decisions become the subject of great books. Some, such as the Steele Seizure case, become the text books for law students (The Anatomy of a Constitutional Law Case; Westin; Macmillon; 1958). Others, such as the Court’s "right to counsel" decision, are of greater interest to the general public (Gideon’s Trumpet; Anthoney Lewis; Random House; 1964). In the case of Walker v. City of Birmingham, some graduate students at the Department of Public Law and Government at Columbia University would use it for the basis of a course and a wonderful book (The Trial Of Martin Luther King; Westin and Mahoney; Apollo/ Cromwell; 1974).

When we think of King’s work in Civil Rights, we usually begin with the Montgomery bus boycott of 1956. It came two years after the Supreme Court’s decision in Brown v. Board of Education, 347 U.S. 483 (1954). One of the interesting parts of the Civil Rights struggle in Alabama involves the use, starting in 1956, of the use of injunctions. John Patterson, the state attorney general, got a state court to issue an injunction that barred the NAACP from operating in Alabama from 6-1-1956 until eventually losing in federal court in 1965.

Let’s look briefly at Westin and Mahoney’s descriptions of injunctions and contempt:

"An injunction is a court order that directs individuals named in it to do (or refrain from doing) the acts specifically described in the order. A party against whom an injunction is issued cannot violate any of its terms, or he will be subject to punishment for contempt of court." (page 29)

"Contempt of court comes in two different varieties in American law – civil and criminal. Criminal contempt arises from acts ‘done in disrespect to the court,’ obstructing the administration of justice or bringing the court into disrepute; it is generally punishable by fine and imprisonment. In civil contempt, the party fails to do something that he is ordered to do by the court, and the individual can be jailed until he performs the required action and ‘purges himself’ of the contempt. Both types of contempt could be charged in a protest situation. …. Moreover, under the law of most states, Alabama among them, a person who violated an injunction could be held in contempt even if the injunction itself was invalid." (page 55)

The most important US Supreme Court cases involving protests and injunctions were from the labor movement. The most significant involved the 1894 American Railway Union, called by Eugene Debs, at a time when farmer and labor unrest was shaking the nation (In re Debs, 158 U.S. 564, 1895). The other two involved miners: {1} Howat v. Kansas, 258 U.S. 181 (1922); and {2} United States v. United Mine Workers, 330 U.S. 258 (1946). In each case, the Court ruled that injunctions. In the 1946 case, for example, Justice Felix Frankfurter wrote, "There can be no free society without law administered through an independent judiciary. If one man can be allowed to determine for himself what is law, every man can. That means first chaos, then tyranny."

In the early 1960s, it seemed that the federal courts were providing support to the Civil Rights movement. More, in the Kennedy administration, the Department of Justice began to provide needed support by taking actions to uphold court decisions. In a June 6, 1961 speech at the University of Georgia, Attorney General Robert Kennedy noted, "The decisions of the courts, however much we may disagree with them, in the final analysis must be followed and respected. If we disagree with a court decision and thereafter irresponsibly assail the court and defy its rulings, we challenge the foundations of our society …"

In May of 1961, RFK had John Doar, the chief assistant in the DoJ’s Civil Rights Department, have a federal judge sign an ex parte injunction to restrain the KKK, National States Rights Party, and the Birmingham and Montgomery police departments from interfering with interstate travel involving the Freedom Rides.

In 1962, city officials in Albany, Georgia were able to frustrate King and the SCLC’s attempts to desegregate public facilities by the use of a federal court injunction. King’s attorneys advised him that while the injunction was likely invalid, he should not risk damaging his relationship with the DoJ and the federal courts. By the time they had appealed and had the injunction vacated, the Albany movement had largely failed. Many of the community activists felt King had failed them.

That brings us to Birmingham in 1963. King and the SCLC had been planning demonstrations and a boycott to protest segregation, for six months. The plan was to begin them a couple of weeks before the Easter holiday, but due to the opportunity to remove Eugene "Bull" Connor from office, they had agreed to wait until after elections. Connor, the poster boy for racist ignorance and violence, was the cities’ Public Works Commissioner. He had denied the SCLC attempts to get permits for public demonstrations. When he made it clear that he was not going to honor the results of his election defeat, and would cling to power, the demonstrations began.

On April 10, the city attorneys had a state court issue an ex parte injunction forbidding King and the others from leading the demonstrations. It was a tough time for Martin: his attorneys recommended fighting the injunction, but it would have involved losing the option for the symbolic Good Friday and Easter demonstrations. Martin decided to march.

On April 12, King was arrested and put in jail. During his 8 days of incarceration, he composed one of the most amazing essays in American history, his Letter from a Birmingham City Jail. After he was released, the contempt case would be heard in state court. Civil Rights movement attorneys differed on the possible approach to the case, and after the convictions, on the early appeals. William Kunstler advocated theater; others preferred a more conservative approach, based on more limited Constitutional issues.

The case would be put on the back-burner in ’65 - ’66. It’s important to remember that the face of the Civil Rights movement changed significantly in the years after Birmingham. For example, on August 11, 1965, less than a week after LBJ signed the Voting Rights Act into law, five days of rioting began in Watts. It resulted in 34 deaths; 800+ injuries; over 3000 arrests; and millions of dollars of property damage.

As "We Shall Overcome" was replaced with "Black Power," many white liberals pulled back from their support for public demonstrations for Civil Rights. They advocated using the vote to gain political and social power. At the same time, progressive whites and blacks began to connect Civil Rights at home with the war in Vietnam. By April of 1967, Martin Luther King, Jr., had become the most recognized Civil Rights -- anti-war spokesperson in the country. This had created significant friction between King and LBJ, as well as the Congress.

Oral arguments on Walker v. City of Birmingham were heard in March, 1967. On June 12, the last day of their ‘66-’67 term, the Supreme Court ruled 5 to 4 against King and his codefendants. Those dissenting included Chief Justice Earl Warren, William O. Douglas, William Brennan, Jr., and Abe Fortas. Warren condemned the Court for giving its "seal of approval" to "a gross misuse of the judicial process" (Westin & Mahoney; pages 4-5).

For Civil Rights leaders in general, it marked the end of an era in which they felt the federal courts would support their efforts to gain Constitutional rights for minorities. For King and three others, it meant a 5-day jail sentence. For Martin, it marked his 19th incarceration.
In November of 1968, the Supreme Court would rule 9-0 against allowing ex parte injunctions to restrain Amendment 1 protests when the other party was available to contest the order in court (Carroll v. President and Commissioners of Princess Anne, 393 U.S. 175; 1968)

It is worth noting that the US Supreme Court had previously found that different rules applied to "free speech" and the right to assemble to protest in public. In their first major ruling on street demonstrations (Cox v. Louisians, 385 U.S. 863, 1966), Justice Goldberg wrote, "The rights of free speech and assembly, while fundamental in our democratic society, still do not mean that everyone with opinions or beliefs to express may address a group at any public place and at any time." After the defeat in the Supreme Court, however, Martin began to re-evaluate his position on obeying court injunctions that would limit Civil Rights and anti-war demonstrations. In early 1968, he began to put together plans for a Poor Peoples’ Campaign to be held in Washington, DC. Elected officials in Washington began to debate how to prevent King from taking this bold step. Then King went to Memphis.

An interesting result of the Walker v City of Birmingham decision came in October 1973. President Richard Nixon said he would not comply with Judge John Sirica’s order to produce 9 tapes sought by Special Prosecutor Archibald Cox. The order had been confirmed by the U.S. Court of Appeals. But Nixon decided he was in a position of power, which allowed him to judge his own case. The outrage was immediate. People quoted from the Walker case: "(N)o man can be judge in his own case, however exalted his station, however righteous his motives, and irrespective of his race, color, politics, or religion." Nixon backed down.

Thursday, April 19, 2007

Weber & the New World Order

"... Tonight I come to this House to speak about the world – the world after war.The recent challenge could not have been clearer. Saddam Hussein was the villain, Kuwait the victim. To the aid of this small country came nations from North America and Europe, from Asia and South America, from Africa and the Arab world, all united against aggression.

"Our uncommon coalition must now work in common purpose to forge a future that should never again be held hostage to the darker side of human nature. ….Our commitment to peace in the Middle East does not end with the liberation of Kuwait. So tonight let me outline four key challenges to be met.

"First, we must work together to create shared security arrangements in the region. ….Second, we must act to control the proliferation of weapons of mass destruction and the missiles used to deliver them. It would be tragic if the nations of the Middle East and Persian Gulf were now, in the wake of war, to embark on a new arms race. ….And third, we must work to create new opportunities for peace and stability in the Middle East. …

"Fourth, we must foster economic development for the sake of peace and progress. The Persian Gulf and Middle East form a region rich in natural resources with a wealth of untapped human potential. Resources once squandered on military might must be redirected to more peaceful ends. We are already addressing the immediate economic consequences of Iraq’s aggression. Now the challenge is to reach higher – to foster economic freedom and prosperity for all people of the region. …

"Until now, the world we’ve known has been a world divided – a world of barbed wire and concrete block, conflict and cold war. Now, we can see a new world coming into view. A world in which there is the very real prospect of a new world order. In the words of Winston Churchill, a "world order" in which "the principles of justice and fair play ... protect the weak against the strong ..." A world where the United Nations, freed from cold war stalemate, is poised to fulfill the historic vision of its founders. A world in which freedom and respect for human rights find a home among all nations. The Gulf war put this new world to its first test, and, my fellow Americans, we passed that test. …

"….Even the new world order cannot guarantee an era of perpetual peace. But enduring peace must be our mission . " --- President George H.W. Bush; address to Congress; March 6, 1991

I thought it might be interesting to take another look at George H. W. Bush’s attempts to promote the concept of a "New World Order" in the early 1990s. Between the summer of 1990 and the spring of 1991, President Bush1 made reference to the "New World Order" more than 40 times in his public presentations. What was he talking about? And what, if anything, does that have to do with the administration of his son?

Bush the Elder was describing a concept for a global political-economic system that he believed was most beneficial to a world moving beyond the Cold War. His "New World Order" was based on his ideas of power. For the sake of this essay, we will consider this "New World Order" in the context of political systems and power, as defined by the German economist and sociologist Max Weber (1864-1920).

It has been many years since, as a student, I was forced to read about Weber’s theories in his 1905 "The Protestant Ethic and the Spirit of Capitalism. I recall that he advocated a "Calvinist emphasis" – or a disciplined approach to business enterprises – which did not match well with my youthful approach to college life. I recall that he was called "the bourgeois Marx," because of the many similarities in the two’s interests, although Weber had a very different political orientation. He viewed causes such as law, religion, and politics as combining with economics in determining the course of history.

Others who paid more attention to the lessons of Weber would certainly be in a better position to discuss his influence on economics. My limited interest was on his ideas of "power." In other essays, I have noted that the word "power" comes from the Latin "posse," which means "to be able." In politics, that power translates into a specific class having the ability to reach its goals, even in the face of opposition from other classes.

Weber’s contribution included identifying three types of "authority" to exercise power in society. These include: {1} legal-rational authority; {2} traditional authority; and {3} charismatic authority. The first type is the power of a bureaucratic system of government, that has established rules and procedures that are generally agreed upon by both the ruler and the ruled. The United States of America is a fine example of this type of system. In its first 200 years, the federal government enjoyed the authority to coordinate the complex system of running a large country made up of numerous states. The greatest threat to its stability came in 1861, when several of the southern states refused to accept the authority of President Lincoln. One hundred years later, there was again a challenge to the federal government’s ability to enforce civil rights legislation in those same southern states. But by and large, the USA has been a successful example of legal-rational authority in action.

Thus, when Bush the Elder began to advocate for a "New World Order," he was perhaps, as Jerry Mander pointed out in his 1991 book "In the Absence of the Sacred," the perfect world leader to "stimulate this process." He was the product of a family that was rooted in the oil industry, which had been the base of economic power in the "developed world" since the Civil War. His family exercised significant political power. He had been the president of a multinational oil company; served in the House of Representatives; was the U.S. Ambassador to the United Nations; was the chair of the Republican National Committee; served as the head of the U.S. Liaison Office in Beijing, China; was the director of the CIA; and had served two terms of Ronald Reagan’s vice president before being elected to the top office himself. And as president, Bush the Elder served at the time of the collapse of the USSR.

If any politician had the opportunity to help his "social class" realize their objectives on a global scale, it appeared to be George H. W. Bush.

The concept of a "New World Order" was based upon the goals of a group that Bush the Elder belonged to: the Trilateral Commission. A closer look at these goals can be found in Holly Sklar’s 1980 book, "Trilateralism: The Trilateral Commission and Elite Planning for World Management." Mander describes it as a global system based on "unlimited industrial production, the free flow of resources and labor, unlimited commodity consumption, and continuous ever-increasing exploitation of nature, (that) posited that all countries would arrive at a conceptual agreement on what the world economy should be and collaborate on attaining that common aim. …..

"Right now it is still true that one country can gain an individual trade advantage over others in food, or computers or other technologies, or in control of some resource. But such advantages are short-lived nowadays. Trade among industrial countries is so interwoven, and goals so unified, that all countries have begun to move in unison, as if they were one creature. As the Geneva-based negotiations toward a General Agreement on Tariffs and Trade (GATT) continued to progress, with the U.S. exerting tremendous pressure, the present minor discrepancies in policy and economic advantage will soon be sacrificed on behalf of the unified world development scheme. The European Economic Community merges the economies (and inevitably, the cultures) of its members, will soon be matched by a North American Economic Community (already proposed by Mr. Bush), and then a Western Hemisphere economic community, and an Asian community, and others around the world. As all these economies interlock, any economic threat to one is perceived as a direct threat to all, as was already the case when Iraq invaded Kuwait." (pages 378-379)

On September 11, 1990, Bush the Elder had told a Joint Session of Congress about his plans for a New World Order that would define the economic relationship between 1st and 2nd World Nations, as well as provide stability to the 3rd World in order to avoid wars. His "idealism" was compared to that of Woodrow Wilson. That idealism was soon tested.

When Iraq invaded Kuwait, President Bush1’s Secretary of Defense, Dick Cheney, told the U.S. Senate that the proposed U.S.-led military response would have three goals: to prevent further aggression; to protect the world’s oil supply; and to further the New World Order.

Why was the first Gulf War fought? It would be a stretch to say that Kuwait’s government was a democracy in any sense. Hence, the threat Saddam’s action posed to the new World Order, which required an immediate military response, was surely not based upon democracy. It was, of course, the oil: this crisis revealed that the New World Order was vulnerable when the supply of this key resource was threatened. In the case of Kuwait, it was not because Saddam was planning to hold the world hostage by shutting off the oil supply. Rather, he would have the "power" that allowed him to influence not so much the production, but rather the pocket book.

This brings us back to Weber. He identified two other types of "authority" that could pose a challenge to the power of a legal-rational state. The first is known as "traditional authority." It is based upon the age-old customs of a culture, where people do things because "this is the way it has always been done." Traditional authority tends to be found in tribal leadership. It may be more of a loose system in hunters & gatherers and early agriculturalist societies, and more firmly established in pastoral and iron-age agriculturalist societies. It was also what we associate with the medieval "royal families" in Europe, and to a large extent even today in the modern Catholic Church. Thus, we can see that traditional authority has both a positive and a negative potential.

The next type is known as "charismatic authority." It is the type of extraordinary personal power that is associated with the prophets of various religious and spiritual movements. It is also found in numerous political and military leaders, who have the "gift" of charisma. ("Charisma" literally translates as "the gift of grace.") Charismatic leaders become the stuff of myths, as their followers embed the stories of their leadership into the group’s identity.

Charismatic leaders generally are the ultra-bright shooting stars of human history, and they rarely create long-term change in a system that is true to their original intent. Rather, they are followed by an associate with greater bureaucratic skills, and their message is absorbed into either a traditional or a legal-rational culture. An obvious example would be the prophet Jesus, who taught a gospel of love and forgiveness that became the foundation for a church with an "infallible" pope.

Thus, Bush the Elder was confronted with Saddam, a leader who came to power as a charismatic military leader, and who was transformed – with Donald Rumsfeld’s generous assistance – into a leader in the traditional Islamic society. This does not mean Saddam was a tradition Muslim; rather, it means that he had the authority to exercise the power needed to help his social class reach their objectives.

In the New World Order advocated by George H.W. Bush, along with two of his top bureaucratic systems men, James Baker III and Brent Scowcroft, Saddam was a problem that needed to be addressed. It was not that the most powerful of nations was seeking to exclude the smaller countries from positions of power – as Mander points out, they were attempting to use the International Monetary Fund to draw them in. But all of the 2nd and 3rd World Nations had to accept the prior understanding, which had some strict rules. These included opening all of their markets to "outside investment" and trade; to move towards reducing and eliminating tariffs; to reduce investments in "poverty programs" geared towards helping the poor; eliminating small-scale farms and transforming them into the giant agribusinesses that export products internationally; fully exploiting all natural resources, such as minerals, forests, and water; and removing traditional, tribal governments from power. Thus, Saddam was put into check in a manner that demonstrated the overwhelming military power of the Bush-Baker-Scowcroft forces, with as little disruption to the region as possible. The results were tragic for the people who bore the brunt of the sanctions imposed against Saddam in the years following the Gulf war. Clearly, human rights were not a New World Order priority.

Another group within the Bush1 administration noted with concern how vulnerable the New World Order was to a threat to the orderly flow of oil. This group was comprised of the neoconservatives within the republican party. Their challenge to the Bush1 doctrine first surfaced publicly in 1992, when a draft of the Wolfowitz-Libby Defense Guidance Report was leaked to the media. The report called for the United States to maintain absolute and unchallenged power on a global scale. More, as noted in Michael Scheuer’s "Imperial Hubris," their plan included coordinating efforts to re-draw the map of the Middle East. (page 13) This plan had concepts of power that in many ways resembled the "divine right" of the kingdoms of the medieval society.

This variation on the New World Order would grab power not by means of a democratic election, but rather by the theft of the 2000 election. That theft was absolutely a show of power: it was proof of "the capacity of a social class to realize its specific objectives" despite the opposition of other competing groups. (Political Power and Social Class; Nicos Poulantzas; NewYork: Schoken; 1973)

Few authors have described the threats to our Constitutional democracy that this "power elite" poses as well as Kevin Phillips. His three most recent books are required reading for those who hope to fully understand the nature of this threat: (1) "Wealth and Democracy"; (2) "American Dynasty"; and (3) "American Theocracy."

George W. Bush is, of course, an extreme example of hereditary power. He was perhaps best described by Senator Robert Byrd: "My eleventh president, George W. Bush, entered the White House with fewer tools than most. He had virtually no experience in foreign policy, and little more in domestic policy. In contrast to his father, George H. W. Bush, whose resume in government was often joked about as being the longest in Washington, George W., the son, had skimpy hands-on public service credentials. George W. Bush served one four-year term and only half of a second term as a governor of Texas before moving into the White House. Prior to that, he could claim as his own only a mediocre academic record, a raucous youth, a failed run for the U.S. House of Representatives, less than stellar stints in the oil business, and part ownership of a Texas baseball team. In short, George W. Bush, a child of wealth and privilege and heir to an American political dynasty, did not pay his dues. He did not have to." (Losing America; pages 18-19)

As Phillips pointed out in "American Dynasty," George W. Bush’s being put into the Office of the President was a tale of "aristocracy, fortune, and the politics of deceit." In the early days of his administration, it seemed evident that the president was an unqualified bumbler, and that the real power was found in VP Cheney’s setting national policy based upon his secret meetings with energy corporation leaders.

Then came 9/11. Suddenly, the unqualified bumbler was portrayed in the corporate media as a charismatic leader, a "war president" who would lead this nation to a promised land. The nature of this "leadership" was shown in his reference to "the Homeland" and his attempts to paint Saddam as a modern Hitler who "threatened" the United States with WMDs with images of mushroom clouds.

Just as true charismatic leaders are replaced with bureaucrats, the forces behind the fake "leader" prepared a system known as the "shadow government" (see Byrd, pages 78-79) which secretly took control of the federal government on 9-11-01. It was a group of business and political leaders that operated outside of Congressional oversight, and which included only one branch of the government – the executive branch.

The crowning achievement of the "shadow government" has been the war in Iraq. It is worth noting that in 2006, when it was becoming obvious the American people were no longer fooled by the lies about the reasons for the U. S. involvement in Iraq, that the "Baker Commission" completed its study of the U. S. policy in Iraq. And, despite the recommendations of those most closely connected to Bush the Elder, and the election of a democratic House and Senate, the "shadow government" continues its policy of madness in Iraq. Rather than moving towards a withdrawal of U.S. forces, the Bush2 administration is "surging" the violence.

As a democrat, I think it is important that people at the grass-roots level understand what exactly we are up against. This includes understanding that progressive people must increase their level of activism. We need to exercise the muscles that are described in that Bill of Rights that the shadow government seeks to deny us. It means pressuring our elected officials in Congress to oppose the Bush administration’s policy in Iraq, rather than to simply give lip service to the opposition, and then to put their tails between their legs and cuddle up at Bush’s feet.

It also means that we need to look closer at those democratic candidates who ask for our support for the 2008 elections. Which ones really represent change? Which ones are mere modifications of the Bush2 model of aristocracy, fortune, and the power of privilege?

In the most revolutionary speech by an American prophet who had moral authority, the Rev. Martin Luther King, Jr., challenged the insane police of the Johnson administration in Vietnam. This speech, "A Time to Break Silence" (aka "Beyond Vietnam"), was delivered at the Riverside Church in New York City on April 4, 1967. In it, Martin preached that, "I am convinced that if we are to get on the right side of the world revolution, we as a nation must undergo a radical revolution of values. We must rapidly begin a shift from a ‘thing-oriented’ society to a ‘person-oriented’ society. When machines and computers, profit motives and property rights are considered more important than people, the giant triplets of racism, materialism, and militarism are incapable of being conquered." Which democratic candidate has the authority to carry on that message of true power?

Saturday, April 07, 2007

1968: Unconventional Perspectives

"Who feel the giant agony of the world,And more, like slaves to poor humanity,Labor for mortal good …."-"The Fall of Hyperion"; John Keats;

{1} Senator Robert F. Kennedy used the quote from Keats’ 1819 poem to open his book, "Thirteen Days: A memoir of the Cuban missile crisis" (W.W. Norton & Co.; 1st Edition: January 20, 1969; copyright 1968). He wrote the book in the summer and fall of 1967, and had intended to add a discussion of the ethical questions relating to the possibility of a nuclear war. But, as Ted Sorensen noted at the end of the book, Senator Kennedy "never had an opportunity to rewrite or complete it." (page 128)

Recently I have read a few comments on a progressive internet discussion site about the 1968 Democratic Convention in Chicago. I was reminded of a TIME article on the ’68 convention, that noted something that every lawyer knows: that witnesses to any event will see it differently. That was the value of RFK’s book on the Cuban missile crisis – he was a witness who participated in that chapter of our history from a unique position.

Because he felt the giant agony of the world, and was willing to labor for that mortal good, Senator Kennedy became a controversial participant in the democratic primaries in the spring of 1968.

Abbie Hoffman would later write that "Bobby Kennedy was rising faster than the new Rolling Stones album. … we realized he was the candidate to beat in Chicago. Kennedy would have been our real challenge, maybe even our own candidate, if events had not, during the past five years, removed us so far from mainstream politics. … Perhaps … perhaps …. The history of politics is swaddled in layers of ‘perhaps’." (Soon to Be a Major Motion Picture; Abbie Hoffman; 1980; page 144)

The opinions I read on the internet expressed contempt for those who protested the convention in Chicago. I recognize that different people viewed what happened in Chicago very differently, and that in the court of public opinion, they have every right to express their opinion. Likewise, I though that it might be of some interest to readers to be exposed to the opinions of some other witnesses.

But, before we look at the Democratic Convention, we should examine the events of 1968 that led up to it. And, in order to appreciate 1968, we should put it in a context that requires a brief look at 1967.


"…The only genuine, long-range solution for what has happened lies in an attack – mounted at every level – upon the conditions that breed despair and violence. All of us know what those conditions are: ignorance, discrimination, slums, poverty, disease, not enough jobs. We should attack these conditions – not because we are frightened by conflict, but because we are fired by conscience. We should attack them because there is simply no other way to achieve a decent and orderly society in America …." – Lyndon Baines Johnson; address to the nation; July 27, 1967.

{2} Two days after delivering that speech, LBJ appointed a commission to examine the causes of the race riots that were sweeping through America’s cities. Headed by Illinois Governor Otto Kerner, the committee would attempt to find possible means to remedy those causes it identified.

It may be difficult for younger readers to imagine today, but riots in cities such as Atlanta, Cincinnati, Detroit, Newark, and Tampa were viewed as a threat to our national security. Some in the national intelligence community believed the civil unrest was part of a coordinated program. This was expressed in a March 4, 1968 memorandum by FBI Director Hoover, which stated in part, "An effective coalition of black nationalist groups might be the first step toward a real ‘Mau’ in America, the beginning of a true black revolution." (Malcolm X: The FBI File; Clayborne Carson; 1991; page 17).

The Kerner Commission would take a very different view than the FBI Director. Its hard-hitting report was published in book form in 1968. The "U.S. Riot Commission Report/ Report of the National Advisory Commission on Civil Disorders" was published in full by Bantam Books. It remains one of the most impressive documents from the 1960s.

The most respected leader of the Civil Rights movement in 1967 was Rev. Martin Luther King, Jr. It’s interesting to note that Hoover, in his memo, had warned that King could become the "messiah" of the "militant black nationalist movement …. Should he abandon his supposed ‘obedience’ to ‘white, liberal doctrines’ and embrace black nationalism …."

King surprised many when on April 4, 1967, he delivered a speech that connected the Civil Rights and the Anti-War movements. This speech, "A Time to Break Silence" (also known as "Beyond Vietnam"), was delivered to the Clergy and Laity Concerned, at the Riverside Church in New York City. The text can be found on pages 231 -244 of "A Testament of Hope: The Essential Writings of Martin Luther King, Jr."; edited by James M. Washington; Harper & Row; 1986.

In October of 1967, the National Mobilization Committee to end the War in Vietnam held a massive rally at the Pentagon. The Mobilization was headed by peace activist David Dellinger. In his book "House of War" (Houghton Mifflin; 2006), James Carroll described the anti-war protesters as "a scraggily bunch of nobodies" whom he held "in such contempt…." He notes that Dellinger was joined by Tom Hayden and Abbie Hoffman at the protest march. "But I think of Daniel Berrigan, the dignified Jesuit priest whose presence at the demonstration that sanctified mine," he wrote. "That Berrigan was an intimate of the Kennedys also endeared him to me. At the Kennedy compound in Hyannis Port, he had confronted McNamara over the war in 1966. Still, he was no radical, and my identification with him, as his opposition to the government intensified, would be the key to a door opening into a whole new identity." (pages 311-313)

In the closing months of 1967, democratic leaders across the country were beginning to recognize that LBJ was losing the ability to lead the nation. In part, it was because he had lost the respect of the Congress. In part, it was because those closest to him were questioning his emotional stability. In his classic "Flawed Giant: Lyndon Johnson and his times 1961-1973," Robert Dallek writes:

"Even less flattering to LBJ is the reality that he also pursued the war for selfish reasons. To admit failure on so big an issue as Vietnam would have been too jarring to Johnson’s self-image … Plaguing Johnson as well was an irrational conviction that his domestic opponents were subversives or dupes of subversives intent on undermining national institutions." (page 627)

Democratic activists were pressuring two US Senators to enter the democratic primaries in opposition to the President. One was RFK, who struggled with the decision, but did not enter in ’67. The other was Minnesota’s Eugene McCarthy, who formally announced his candidacy on November 30.

As 1967 came to a close, it is evident that those active in the democratic party, and in the Civil Rights and Anti-War Movements, viewed events in very different terms. The different factions had very different goals. On New Year’s Eve, at a party in an apartment in NYC, Abbie Hoffman, Jerry Rubin, and Paul Krassner were considering options for a huge anti-war/ anti-LBJ rally at the 1968 Democratic Convention.


"You say you want a revolution,well, you know,we all want to change the world …But when you talk about destruction,don’t you know that you can count me out."-Revolution; Lennon/McCartney; 1968

{3} In January of 1968, LBJ was confident that he could negotiate a settlement in Vietnam. His primary concern was that as he applied pressure, the North Vietnamese would attempt an offensive at Khe Sanh. President Johnson believed that Hanoi viewed the US Marine base, which was to the south of the DMZ, as "America’s Dien Bien Phu," according to Dallek. At a January 29 meeting with the Joint Chiefs, LBJ pressed the issue of US preparedness with General Westmoreland. (Dallek; pages 502-3)

However, the Viet Cong and North Vietnamese attacked "thirty-six of South Vietnam’s provincial capitals, five of its six largest cities, and almost one-third of the country’s district centers" on January 30-31. This was during the Tet holiday, and caught the US and the South Vietnamese by surprise. LBJ and the US military would attempt to make the battles appear like a victory for Uncle Sam, and in a strict sense, some of the numbers could be interpreted that way.

But to the American public, it did not seem that way. In Saigon, for example, the enemy had struck the US Embassy, the US Air Base, the Presidential Palace, and the South Vietnam’s Joint General Staff compound. Also, in the ancient capital of Hue, the enemy gained control, and fought for control of the Imperial Citadel for weeks.

On February 27, Walter Cronkite of CBS told the American people that the war had reached a deadlock, and that it could not be won militarily. "To say we are closer to victory today is to believe, in the face of the evidence, the optimists who have been wrong in the past. To suggest we are on the edge of defeat is to yield to unreasonable pessimism. To say that we are mired in stalemate seems the only realistic, yet unsatisfactory, conclusion." LBJ, recognizing that Cronkite was "the nation’s most trusted person," told others that if he had lost Walter Cronkite, he had lost Middle America. (Dallek; page 508)

Pressure increased on Robert Kennedy to enter the race. Polls showed that Senator McCarthy was not able to exploit LBJ’s weaknesses. A March 4 poll in New Hampshire showed LBJ with about 67% support, to McCarthy’s 11%. But the senator had a dedicated group of supporters working for him. And on March 12, LBJ got 49% of the vote, and McCarthy got 42%. Much of the nation was stunned.

On March 14, RFK told Clark Clifford to inform LBJ that he would not enter the race if the President would agree to re-evaluate his Vietnam policy. Kennedy was requesting that Johnson allow for advice from people from outside his administration.

There was, of course, zero chance that LBJ would work with Robert Kennedy on Vietnam. The acrimony in their relationship is legendary. All of the books on RFK, as well as those dealing with LBJ’s presidency, provide details of their curious feud. My favorite is Arthur Schlesinger, Jr.’s "Robert Kennedy and his times." Pages 910 to 920 tell about RFK’s decision to enter the democratic primaries; chapter 39 ("The Journey Begins") then covers early part of his campaign. Few single chapters of any book can better convey the emotional intensity of that period.

President Johnson understood polls. After McCarthy’s surprise showing in New Hampshire, and with RFK in the race, the polls indicated he faced a tough primary season. In the overall sense, he had 36% approval and 52% disapproval. On Vietnam, he scored even lower: 26% approval versus 63% disapproval. Thus, on Sunday, March 31, as he prepared to address the nation on Vietnam, he reviewed two possible endings to his speech. His decision was reflected in the last two sentences in the speech: "With our hopes and the world’s hopes in the balance every day, I do not believe that I should devout an hour or a day of my time to any personal partisan causes or to any duties other than the awesome duties of this office – the presidency of your country. Accordingly, I shall not seek, and I will not accept, the nomination of my party for another term as your President."

Schlesinger tells of how Martin Luther King, Jr. was pleased that LBJ was out of the race, and that RFK was in. He told his closest associates that he though Johnson was hoping for "a vote of confidence" from his party that would lead to his re-election. Martin had decided that he would work to help get Robert elected; Stanley Levison said that Martin told him that Kennedy had the potential to "become one of the outstanding presidents." ( Schlesinger; page 938)

On April 4, King was assassinated. Kennedy had begun his Indiana campaign, and was scheduled to speak that evening in an Indianapolis ghetto. He rejected attempts to get him to cancel his speech. Instead, he gave one of the great speeches in our country’s history, from the flatbed of a truck parked under a stand of oak trees. Kennedy spoke "out of aching memory, speaking out from the depths of heart and hope: ….’In this difficult day, in this difficult time for the United States, it is perhaps well to ask what kind of nation we are and what direction we want to move in. … we can make an effort, as Martin Luther King did, to understand and to comprehend, and to replace that violence, that stain of bloodshed that has spread across our land, with an effort to understand with compassion and love. …. What we need in the United States is not division; what we need in the United States is not hatred; what we need in the United States is not violence or lawlessness, but love and wisdom, and compassion toward one another, and a feeling of justice towards those who still suffer within our country …" (Schlesinger; pages 939-940)

That night, there were riots in 110 cities across the nation. A total of 39 deaths and more than 2500 injuries resulted from the violence. More than 75,000 federal troops were in the streets of these cities. In Chicago, Mayor Daley gave police orders to "shoot to kill" rioters.
RFK flew back to Washington, DC. Although there was a curfew, he began to walk the streets with Walter Fauntroy. "Burning wood and broken glass were all over the place," Walter would later recall. "The troops were on duty. A crowd gathered behind us, following Bobby Kennedy. The troops saw us coming in the distance, and they put on gas masks and got the guns ready, waiting for this horde of blacks coming up the street. When they saw it was Bobby Kennedy, they took off their masks and let us through. They looked awfully relieved." (Robert Kennedy; Jack Newfield; 1969; page 226)

On April 27, there were peaceful anti-war rallies in cities across the USA. In Chicago, an estimated 6,500 people marched in the Loop, which would become a contested area during the convention. It was the only march in the country that turned violent. A citizens’ group that investigated the violence, headed by Dr. Edward Sparling, President Emeritus of Roosevelt University, concluded the violence was caused by the Chicago police force. (An American Melodrama: The Presidential Campaign of 1968; Chester, Hodgson, & Page; 1969; page 518)

On May 17, Daniel and Phillip Berrigan led seven others in a protest at the draft board offices in Catonsville, Maryland. They removed draft files, took them to a parking lot, and burned them with "homemade" napalm. Daniel made a statement for the group: "Our apologies, good friends, for the fracture of good order, the burning of paper instead of children. … We could not, so help us God, do otherwise. For we are sick at heart, our hearts give us no rest for thinking of the Land of Burning Children. We ask our fellow Christians to consider in their hearts a question that has tortured us, night and day since the war began. How many must die before our voices are heard, how many must be tortured, dislocated, starved, maddened? … When, at what point will you say no to this war?" (Carroll; page 318)

A little after midnight, after winning the June 4 California primary, RFK told his supporters, "I think we can end the divisions in the United States. What I think is quite clear is that we can work together in the last analysis. …. We are a great country, an unselfish country and a compassionate country. … So, my thanks to all of you, and it’s on to Chicago and let’s win there." Moments later, RFK was assassinated.

The withdrawal of Johnson, and the death of Kennedy, influenced the plans to have a massive demonstration at the Democratic National Convention in Chicago. Another footnote is that some of the top democrats considered moving the convention from Chicago to Miami Beach, where the republicans would hold their convention. LBJ is said to have opposed this plan, saying that "Miami isn’t an American city."

By July, there were three main groups planning to protest in Chicago. They were: {1} The National Mobilization, headed by David Dellinger; {2} the Coalition for an Open Convention, headed by Al Lowenstein; and {3} the Youth International Party (YIPPIE!), headed by Abbie Hoffman and Jerry Rubin. Before we consider what roles each of these three played, let’s take a look at the Republican National Convention.


"Mr. Nixon has published a collection of positions he has taken on 167 issues. It seems a pity he could not have made it a round 170 by adding Vietnam, the cities, and civil rights." – The New York Post; quoted from "An American Melodrama"; page 673.

{4} In their book on the 1968 presidential campaign, British authors Lewis Chester, Godfrey Hodgeson, and Bruce Page include fascinating chapters on the republican primaries and convention. The history of ’68 is incomplete without considering the roles of not only Richard Nixon, but also of the two other republican candidates, Nelson Rockefeller and Ronald Reagan
Rockefeller is called "Hamlet on Fifth Avenue," because of his inability to decide if he would become fully invested in the efforts to make him the republican candidate. In February, the Governor of Maryland, one Spiro Agnew, had begun the "Draft Rockefeller" movement. Rockefeller represented the liberal wing of the republican party.

On the other side of the nation, and on the opposite end of the republican party, was Ronald Reagan. His attempts to make it appear that the party was attempting to draft him is shown as being "cagey and devious." A closer examination of Reagan in ’68 is helpful in understanding how he came to power in 1980.

The authors note that the republican primary "was to be the survival of the unfittest. In the theory of political Darwinism, the obstacle course over which candidates for the Presidency have to compete eliminates all but the hardiest political animals. Sometimes this is indeed what happens. But not in 1968. Nixon won his nomination because he was the lowest common denominator acceptable to all the jealous factions of his party. He won, not because of the exceptional nature of his gifts, but precisely because they were unexceptional and unexceptionable." (page 577)

During the republican convention, held from August 4-9, the party pretended that there was serious debate about who would be their candidate. In fact, the decision to run Richard Nixon had already been made. The only real question was who he would select to run with him. It would be Spiro Agnew.

Another important sub-plot in the 1968 presidential campaign was the American Independent Party’s candidate, George Wallace. It is a mistake to underestimate the roll that Wallace, who based his campaign on racism, hatred, and fear, had on the ’68 election. He had begun to gain a significant amount of support, including from sources who would in later years promote Ronald Reagan, until he selected General Curtis LeMay for vice president. LeMay spoke about "the phobia that we have in this country about the use of nuclear weapons," while advocating bombing North Vietnam "back to the Stone Age."


"The confusion accompanying most liberal reform movements is due to the fact that they are generally attempts to make the institution practice what it preaches in a situation where, if the ideal were followed, the function of the institution could not be performed." – The Folklore of Capitalism; Thurman Arnold; Yale University Press; 1938.

{5} Thirty years after Thurmon Arnold’s analysis of the reasons that capitalism tended to deny proper medical coverage to certain groups in society, and only one year after the "Summer of Love," the younger generation in America was confronted with some harsh realities. Many of those things the progressive and idealistic youth may have hoped for were gone: two of the most obvious examples being Martin Luther King, Jr., and Robert Kennedy. It was becoming evident that had the ideals these two leaders advocated been instituted, the function of the institution could not have performed.

Daniel and Phillip Berrigan were facing a long period of incarceration for burning papers in an attempt to stop the burning of children. General LeMay, who advocated "bombing until we have destroyed every work of man in North Vietnam," was on a ticket, being considered as a possible vice president of the United States. And Richard Nixon could no longer be taken for granted by the democratic party.

Mayor Richard Daley had made it clear that he had no intention of cooperating with those people who were planning to come to Chicago to demonstrate against the war during the Democratic National Convention. He spoke about his ideas regarding "an ounce of prevention," which many recognized as a promise that his police force would pound a cure out of any demonstrators. Allard Lowenstein’s COC, which had set a goal of having 100,000 "Clean Gene" McCarthy supports march in Chicago, was being called off.

The NYC YIP leaders were having conflicts with those from Chicago. The local YIPPIES had worked to come to a quiet working relationship with the Chicago politicians and police, that allowed them to "do their own thing" without being hassled. The NYC leaders were intent upon participating in the conflicts that they knew would result from demonstrations near the convention.

Much of the progressive leadership in the black community was hesitant to answer the call for their participation in the demonstrations. Chicago had an intense history with race relations. In 1966, King had attempted a northern campaign there, and found Mayor Daley a far more capable opponent than the southern politicians Martin had dealt with. The campaign was something of a stalemate; however, after King left Chicago, more radical leadership began to emerge within the black community.

That progressive black leadership knew what those planning the Chicago demonstrations from other cities didn’t fully appreciate: that there were elements within the police force that viewed black activists and anti-war leaders as being no different than the Viet Cong. Indeed, on December 4, 1969, the Chicago police department executed Black Panther Party leader Fred Hampton as he was sleeping in his bed. Much of the progressive black leaders made a point of leaving Chicago before the convention started. The most high-profile leader who stayed was Dick Gregory. Bobby Seale would also come to Chicago.


"Some forty years ago G. K. Chesterton wrote that every time the world was in trouble the demand went up for a practical man. Unfortunately, he said, each time the demand went up there was a practical man available. As he pointed out then, usually what was needed to deal with an impractical muddle was a theorist or philosopher." – Senator Eugene McCarthy; May 9, 1965

{6} The democratic convention was, as Chester, Hodgson, and Page point out, the opposite of the republican convention. While the republicans’ had little to be decided, and had to feign debate in order to attract attention and support, the democratic leadership feigned unity.

Their "practical man" was VP Hubert H. Humphrey. The vice president was attempting to unite the "old democratic party" of southern whites, northern blacks, labor, and the big city bosses. However, he was fully intimidated by LBJ, and was not willing to take a stance against the president’s Vietnam policy. This cost him: Mayor Daley, for example, wanted Ted Kennedy to be the democratic candidate. More, his strong history in the area of civil rights caused some southern whites to resent him; some would move towards Wallace, while more still would support Nixon. Humphrey began calling these the "nixie-crats."

The younger generation, which found Humphrey’s unwillingness to recognize that the US involvement in Vietnam was racist, tended to support Eugene McCarthy. The senator was a curious character, who was strongly opposed to US involvement in the war. However, many liberals and progressives found that his attitude towards them and the race was troubling. McCarthy seemed to believe that he was doing his supporters a favor by running. More, he expressed little interest in civil rights or LBJ’s attempts to create a "Great Society." McCarthy also was an advocate of a weak executive branch, at a time when most democrats believed that the need of the moment was a strong president.

Many of the democrats who had worked with JFK and RFK supported George McGovern. Yet, if timing is everything in politics, McGovern’s campaign never seemed to be on the same schedule as the rest of the nation. Looking back, it was a shame, because he might very well have been the single most capable of any of the candidates being considered in August of 1968.

Two other democrats were factors going into the convention. The first was President Johnson, who was manipulating the convention from behind the scenes. Many people were convinced that he desired to be drafted by the party. He had hundreds of posters printed up, in case he decided to appear at the convention to celebrate his birthday. Because of the conflicts both in and outside the convention, however, that never happened.

The other candidate was Ted Kennedy. A number of powerful democrats had urged him to participate in what they called the "Ted Offensive." Kennedy gave the offer of support serious consideration, but declined to throw his hat in the ring.

By the time of the convention, Humphrey appeared to have the support needed to get the nod to run. The biggest question had to do with the party’s platform. In order to unite the party, the progressive forces were pressing for a "peace plank." But the peace advocates found that the Humphrey forces were resistant to the efforts to give voice to their beliefs during the convention.

The conflict began when Ohio senatorial contender John Gillian contacted Kenny O’Donnell from Boston. O’Donnell, a long-time friend of the Kennedy family, was supporting George McGovern. And McGovern wanted a specific message in the plank: "To correct error, it is first necessary to admit it." The peace advocates wanted three points included: {1} an unconditional halt to the bombing; {2} the conflict in Vietnam to be called a "civil war"; and {3} US support for a coalition government.

Humphrey knew that such a plank would insult LBJ. He believed that if he did not fight it, an enraged LBJ would withdraw support for him. Humphrey also recognized that the president still exercised a great deal of influence of the bureaucracy within the party structure.

The party bureaucrats may have been opposed to the war, but they viewed the McCarthy people as "insurgents." Where the people who had supported RFK were willing to subscribe to the theory that politics is the art of compromise, the McCarthy folks more militant. The bureaucrats, who keep the party structured during the boring periods of time, resented the insurgents who appeared to want instant gratification – and to take the bureaucrats’ positions. Thus came a lesson in the art of "machine politics."

One state considered a nest of insurgency was Pennsylvania. In an April preferential primary, McCarthy had received 428,239 votes, or 78.5%. Kennedy had 65,430 votes, and Humphrey 72,263. But at the convention, Humphrey got 103.75 delegate votes, compared to a combined 26.25 for the peace candidates.

Also, the "machine" controlled seating. Thus, the insurgents from states like California, New York, and Wisconsin found themselves at the most distant positions possible. One insurgent, Mary Epstein, said to a reporter, "You mean this is how the system works? I can’t stand it." Jules Feiffer of New York said, "I said all along the system doesn’t work. So I got in the system. And now I know I was right."

The machine won. The bureaucrats were in control of the convention. The majority plank won, and the anti-war people felt betrayed.


"It is absolutely necessary that rebellion find its reasons within itself, since it cannot find them elsewhere. It must consent to examine itself in order to learn how to act." – The Rebel; Albert Camus

{7} Inside the Democratic National Convention, "security" was tight. This added to the hostilities between the machine and the insurgents. Even on the first night, when "roll call" was being taken, friction began. A New York delegate named Alex Rosenberg was roughed up by security forces. When NYS Chair John Burns, the mayor of Binghamton who had enjoyed a close friendship with RFK, attempted to help Alex, he was disrespected. CBS newsman Mike Wallace attempted to approach security to see why they what was happening, and he was punched in the jaw.

Some of the insurgent delegates, who were wearing black arm bands, began singing, "We Shall Overcome." For those like Julian Bond, who were carrying on in the spirit of the 1964 Mississippi Freedom Democratic Party delegation, it was clear that the machine was carrying on in the Jim Crow tradition. Only at this time, the anti-war forces were being treated with the same brutality as the civil rights folks. The security forces were in a mind-set they shared with Lester Maddox, who ranted that the convention was being threatened by "socialists."

The Chicago police had "accidentally" tear-gassed the McCarthy headquarters, leaving most of the posters they planned to use inside the convention unusable. But Mayor Daley had ordered a huge supply of "We Love Mayor Daley" signs, which were visible for much of the convention.

When Senator Abraham Ribicoff was nominating George McGovern, he paused briefly, looked over at Mayor Daley, and said, "With George McGovern we wouldn’t have Gestapo tactics in the streets of Chicago." In his book "Soon to be a Major Motion Picture" (Perigee Books; 1980), Abbie Hoffman wrote, "…a shocked nation of lip readers focused on Daley’s namecalling: ‘You motherfucker Jew bastard, get your ass out of Chicago’." (page 157) Ribicoff looked at the mayor with contempt, and replied, "How hard it is to accept the truth. How hard it is."

Before long, when the police inside the hall punched Dan Rather, Walter Cronkite called them "thugs." Although the television coverage of the convention actually showed very little of the violence in Chicago, for Americans watching from the comfort of their living rooms, the scenes were as shocking as those from the civil rights marches only a few years before.

Perhaps the most surreal moment came when Humphrey "won" the nomination. The country watched as he jumped to his feet, and kissed his wife in celebration. But, as Abbie Hoffman pointed out, it wasn’t really his wife that he kissed: it was her image on a television set.


"When decorum becomes repression, the only dignity free men have is to speak out." – "Soon to be a Major Motion Picture; Abbie Hoffman; page 189. (Quote from Chicago 7 trial.)

{8} There was a wide range of people in the parks and streets of Chicago, outside of the Convention Hall, protesting the war and the machine. They included young people; socialists; anarchists; the "old" democratic left; the "new" democratic left; YIPPIES; progressives; liberals; agent provocateurs; Christian activists; and many McCarthy supporters who felt rejected by the convention.

Movement leaders recognized that a "good" demonstration must attract far more than dedicated activists. It must bring out those people who generally approve of the system, but are willing to participate in the type of public march that the Bill of Rights notes is essential for our Constitutional democracy. The investigation that followed the Chicago convention showed that the majority of citizens on the streets during the violent episodes were, in fact, this type of individual.

What, then, caused the chaos and violence that took place in Chicago, which today defines that 1968 Democratic National Convention? The Walker Report to the National Commission on the Causes and Prevention of Violence assigned most of the blame on Chicago officials, and described what took place as a "police riot." The Walker Report found that the police department had mistakenly anticipated that the city was going to face violent threats from insurgents. In part, this may have been from estimates of anywhere from 100,000 to 5,000,000 demonstrators coming to Chicago.

It was also, sadly, because people like Mayor Daley were guilty of rather concrete thinking when it came to dealing with people like Abbie Hoffman. The YIPPIES loved street theater. Looking back, some of their "threats" seem comical today. Indeed, when they "threatened" to have 40,000 naked hippies floating on Lake Michigan, it seems obvious that this would have been an improvement on what actually took place. Likewise, when Abbie Hoffman "threatened" to pour LSD into the water reservoir, it is clear that he was joking. But the major stationed security to keep the water supply safe.

The city had 11,900 Chicago Police, 7500 Army troops, 7500 Illinois National Guardsmen, and 1000 Secret Service agents prepared to meet any threats posed by the insurgents. As it turned out, the biggest "threat" posed was that of YIPPIES and hippies looking to sleep in Lincoln Park after curfew. When the police "swept" them – violently – out of the park, and into the streets of the Near North Side and Old Town, serious confrontations did begin.

At the end of the convention, it was reported that 589 arrests had been made; most were residents of the state, which refutes the notion that "outside agitators" caused the problems. More than 100 protesters were treated for injuries caused by police beatings. Interestingly, those most "at risk" of being attacked by the Chicago police were the 300 journalists assigned to cover the streets during the convention. At least 63 reporters (around 20%) were injured by police. Many more had their cameras or recording equipment purposely destroyed by police.

A total of 198 police officers reported being injured. This included 24 who complained of being "gassed" along with the demonstrators. Another 70 were treated for injuries to their hands; Mike Royko wrote about the horrors of demonstrators attacking the cops’ hands with their faces.

In reporting on the violence, the Washington Post noted that many of the demonstrators wore beards, and that "of course" the police would find this annoying. A female reader responded in a LTTE, "What about Lincoln? What about Moses?" (An American Melodrama; page 593)
But perhaps no one said it better than Mayor Daley himself, during a press conference: "Get this straight once and for all. The policeman isn’t there to create disorder; the policeman is there to preserve disorder."


"Great men, great nations, have not been boasters and buffoons, but perceivers of the terror of life, and have manned themselves to face it." –Ralph Waldo Emerson

{9} Nixon narrowly defeated Humphrey in the general election. The war in Vietnam raged on. And the Nixon administration would engage in a series of moves in an attempt to install an Imperial Presidency into the national government, at the expense of our Constitutional democracy.

Other people will recall the events of 1968, and perhaps especially the Democratic National Convention, in manners very different than I have here. There is a paragraph from the December 6, 1968 edition of TIME that comes to mind:

"The (Walker) report amply supports a fact long known to lawyers: witnesses of the same event seldom describe it the same way. A Grant Park clash between police and demonstrators began when half a dozen burly young men lowered the American flag and hoisted another object to the top of the pole. ‘Object’ is used advisedly: though it was seen by hundreds of people and police and examined on film by the Walker staff, no one can say yet what it was. It has been described as a ‘black flag of anarchy,’ a ‘red flag’ and a ‘Viet Cong flag.’ Some witnesses state it was a suit of red underwear or a red armband or a rag. On films of the incident, it appears to be ‘a knotted red cloth or girl’s bright red slip.’ Police, after a hard fight, pulled down the object, but not even the cops know what it was or what happened to it."

Maybe that is the same as the convention. But I’ll say this: from where I stand, I think the "insurgents" who were demonstrating against the war, both inside and outside the Convention Hall, were patriots.

Sunday, April 01, 2007

Watergate

{1} "The past is never dead. It’s not even past." – William Faulkner

Current events remind "baby boomers" of the early 1970s, when the Nixon administration came apart at the seams. An unpopular war, scandals resulting from criminal activities in the executive branch, a congress that is beginning to ask questions and demand answers, and a hostile, paranoid president seem all too familiar. But it is not just progressive democrats who notice the similarities: the jackals from the gutter of the republican party see it, too. And they are attempting to spin both the historic and current events, in the hope of confusing the general public.

Their tactics are not surprising, nor are they original. They range from loud-mouthed fools like Sean Hannity, who attempts to reach the most dense in their viewing audience by comparing everything to the Bill Clinton administration, to those who feign open-mindedness – or who pose as progressives – who plant seeds of "misinformation" in an organized attempt to contaminate the public’s understanding of Watergate.

I thought it would be beneficial to take a look at the series of crimes that are known as "Watergate." We will look at the events that led up to the crimes; review some of the actual crimes; examine the investigations that came about; and discuss some of the consequences of Watergate.

In doing so, we will make use of a number of the resources available to those who are fascinated in this strange episode in our nation’s history. This includes using information both about and by one of the central players in the Watergate scandal, John Dean. I mention Mr. Dean now, because I believe that much of the distortion being planted about Watergate tends to target him. And the reason for that is simple: John Dean continues to explain why, in his opinion, the Bush-Cheney administration is "worse than Watergate."

{2} "This [Bush-Cheney] administration is the most secretive of our lifetime, even more secretive than the Nixon administration. They don’t believe the American people or Congress have any right to information." –Larry Klayman, chairman; Judicial Watch; quote from "Worse Than Watergate"; John Dean.

In both the Nixon and Bush administrations, there has been a focus on secrecy in their own affairs, that is matched only by their compulsive need to spy upon others. This is not a coincidence; rather, it is the essence of the paranoid behavior of those who are aware that they are engaged in wrong-doing, and are taking steps to avoid detection. In both administrations, there were attempts to justify these behaviors as being necessary for "national security." What is called the Patriot Act today had its genesis as the Huston Plan in the Nixon era.

Thus Huston Plan was an attempt to coordinate domestic spying by the CIA, FBI, NSA, and IRS in order to allow the Nixon administration to deal with "enemies." The Huston Plan could target those who may have potentially posed a threat to national security. But, of course, paranoid folks like those in both the Nixon and Bush administrations, tend to view political opponents as "enemies of the state." Disagreeing with the administration’s war policies, for example, was – and is – all the proof that each administration requires to determine if one is sufficiently patriotic to qualify for Constitutional protections.

In fact, when Tom Huston testified before the Senate, he expressed his opinion that a president does not need to be handcuffed by the 4th Amendment when dealing with potential threats to national security. As history shows, those "potential threats" included citizens opting to exercise those rights granted by the 1st Amendment.

The Huston Plan created a domestic "secret police" of the type that is common in the most undemocratic of nations. In "The Secret Man," Bob Woodward reminds us of how Mark Felt viewed Tom Huston: "Felt later wrote that he considered Huston himself ‘a kind of White House gauleiter over the intelligence community.’ The four-inch-thick Webster’s Encyclopedic Unabridged Dictionary defines a gauleiter as ‘the leader or chief official of a political district under Nazi control’." (page 34)

Officially, a couple days after approving the Huston Plan, Nixon would reverse his decision – at least on paper. However, as the Senate Watergate Report noted, a John Dean memorandum noted the decision was made to "remove the restraints as necessary to obtain such intelligence." (pages 56-7)

{3} "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. Warrents shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." – Amendment #4

In 1971, the White House creates a group known as "the Plumbers" to investigate and stop "leaks" from the executive branch. The most famous of these leaks would become known as "The Pentagon Papers." The Nixon administration would identify the leaker Daniel Ellsberg, as a threat to national security. On paghes 35-6 of Woodward’s "The Secret Man," we read: "…White House aide Howard Hunt would lead a burglary team to Los Angeles to break into the office of the psychiatrist to Daniel Ellsberg, who had leaked the Pentagon Papers to The New York Times. Hunt and his sidekick, Liddy, the so-called Plumbers, were working to stop news leaks, in part because the White House did not believe it could count on the FBI to tackle the leaks aggressively. The previous month, on August 11, 1971, John D. Ehrlichman, one of Nixon’s top aides and chief domestic adviser, had checked ‘Approved’ on a memo recommending that ‘a covert operation be undertaken to examine all medical files still held by Ellsberg’s psychiatrist.’ Ehrlichman had added in his own hand, ‘if done under your assurance that it is not traceable’."

In 1972, John Mitchell, the former Attorney General heading the Committee to Re-Elect the President (CREEP), authorizes "Operation Gemstone." (See Ervin Report, pages 74-82.) Part of Gemstone will include "burglaries"; the most famous of these took place on June 17, 1972, at the Watergate.

Although George McGovern would attempt to make the Watergate break-in a campaign issue, the media and the general public tended to ignore it. Of the few journalists who did investigate the break-in, the best known are Bob Woodward and Carl Bernstein of the Washington Post. It is known that Woodward was in large part directed by a source that he and Bernstein would call "Deep Throat." This source helped them to focus on the role that Ehrlichman and Haldeman played in the scandal, including the cover-up.

On February 2, 1973, after convicting the four Cubans, McCord, Hunt, and Liddy, Judge John Sirica would urge Congress to investigate the Nixon administration’s involvement in the Watergate scandal. This was in part because of a letter that McCord had sent to him, telling of pay-offs, etc. "Everbody knows there’s going to be a Congressional investigation in this case. I hope so, frankly, not only as a judge, but as a citizen of a great country and one of millions of Americans who are looking for certain answers," he said.

In February, the Senate created the Select Committee on Presidential Campaign Activities. Sam Ervin (D-NC) was appointed the chairman; minority leader Howard Baker (R-Tenn) served as vice chair.Among the committee’s duties was the investigation of the Watergate break-in.
The Nixon administration self-righteously denied all involvement in the scandal. However, this stance was seriously damaged in March, when White House Counsel John Dean testified about his involvement in the Watergate scandal. His testimony indicated that Ehrlichman and Haldeman were directly involved. More, he raised serious questions about the President’s potential involvement.

In late April, President Nixon announced the resignations of Dean, Ehrlichman, and Haldeman. Within a few weeks, Nixon saw the Department of Justice appoint Harvard law professor Archibald Cox as special prosecutor.

On July 16, 1973, White House assistant Alexander Butterfield revealed that the president had a system for taping conversations in the Oval Office. Both the Senate committee and special prosecutor Cox would request copies of the tapes. Nixon would claim that "executive privilege" allowed him to keep the tapes secret.

In August, Jeb Magruder pleaded guilty to crimes including obstruction of justice. He had formerly served as Haldeman’s assistant at the White House. At the time of the break-in, he served as deputy director of CREEP. (The Final Days; Woodward & Bernstein; page 47)

On October 20, President Nixon ordered Attorney General Elliott Richardson to fire Cox. Both Richardson and his deputy William Ruckelshaus refused to fire Cox, and instead resigned. Solicitor General Robert Bork then fired Cox. This episode is known as the "Saturday Night Massacre."

On October 10, VP Spiro Agnew resigned in disgrace. He faced charges of corruption separate from the Watergate scandal, though his fate increased the public’s sense that the nation was facing a Constitutional crisis.

John Dean also pleaded guilty in October to crimes involving the obstruction of justice.
In November, the Senate Committee concluded its hearings. They would not make their findings public until the following spring. During that period of time, President Nixon continued to lie to the American people about his role in the Watergate scandal.

In March, 1974, a federal grand jury returned indictments against Mitchell, Ehrlichman, Haldeman, and White House Special Counsel Chuck Colson for conspiracy, perjury, and obstruction of justice. More, President Richard Nixon was listed as an "unindicted co-conspirator."

In April, Nixon released edited transcripts of the White House tapes. The edited versions did not help Nixon – in fact, the result was quite the opposite.

On July 24, the US Supreme Court ruled unanimously that Nixon had to turn over the relevant tapes. (For a fuller story on the legal battle, see "The Presidential Transcripts"; The Washington Post; 1974)

The tapes provided the "smoking gun" that many Americans anticipated. The House Judiciary Committee started impeachment hearings, and voted in favor of four articles. It was crystal clear that Nixon would be convicted and removed from office. Instead, he resigned on August 9. VP Gerald Ford became President, and in September he would pardon Richard Nixon.

{4} "Conventional wisdom both at the time and later held that the outcome of Watergate proved that the ‘system works.’ …. Historians continue to debate whether the episode was a bizarre aberration or a logical outgrowth of the massive expansion of presidential power and the official preoccupation with secrecy and ‘national security’ in ‘Cold War America’." – The Oxford Companion to United States History; page 820.

Did the system work? Last week on MSNBC, former Nixon aide Patrick Buchanan noted that 19 members of the Nixon administration were convicted of crimes in the Watergate scandal and incarcerated. However, the fact that the former president Nixon was pardoned allowed him to escape the full legal consequences for his crimes. Before we look closer at Nixon’s circumstances, however, let’s look at other evidence to determine if Watergate was "a bizarre aberration."

The Congress appeared to see the Nixon administration as posing a significant and systematic threat to our Constitutional democracy. As a result, they passed four laws aimed at addressing these types of threats. They are:

The War Powers Acr (1973).
The Federal Elections Campaign Amendment (1974).
The Ethics in Government Act (1978).
The Presidential Records Act (1978).

However, in the Reagan-Bush1 administrations, a series of crimes known as "the Iran-Contra scandal" would continue the path to an imperial presidency that Richard Nixon had dreamed of. And the Bush-Cheney scandals, including but not limited to the Iraq war/ Plame / neoconservative - AIPAC espionage scandals, have moved the presidency from beyond imperial to a revolutionary executive.

Thus, today when progressive democrats discuss options including the possibility of impeaching Bush, Cheney, and/or others in this administration, the example of Nixon and Watergate are indeed important. Should a president be faced with the full consequences of his administration’s illegal activities? Or should the nation pretend the scandals point to things other than the Office of the President?

One tactic that neoconservatives use today is to distort Watergate, by taking some truths and half-truths, and twisting them. For example, there was a good book by author Jim Hougan, titled "Secret Agenda: Watergate, Deep Throat and the CIA" (Random House; 1984). In it, Hougan noted that there were mini-dramas taking place within the intelligence community. These included the most obvious one: that someone or some small group was directing Bob Woodward’s investigating the scandal. This person/group was known as "Deep Throat." (Hougan believed that Al Haig was the most likely candidate.) Hougan would guess that Woodward may have had a tie to Deep Throat from his experience in the Office of Naval Intelligence; in fact, Felt (a "former" ONI officer), had been introduced to Woodward in the White House before Woodward lefty the Navy.

But there was more. Hougan was the first author to note that James McCord had an agenda that was very different than the other Watergate burglars. McCord had worked in a special intelligence operation doing counterespionage in WW2. He had worked in the FBI and the CIA after the war. His duties included working closely with M15 in England, and heading security operations at Langley. Hougan recognized that it was unlikely McCord would have accidentally made the errors attributed to him in the Watergate episode.

Hougan’s book has some errors that are a result of being authored in 1984. These do not detract from the overall value of the book. However, it was produced before some information was made public, such as Mark Felt’s role. Also, some connected to the scandal had begun to spread disinformation in an attempt to distract the public’s attention from the real issues involved.
For example, there were rumors planted that the CIA had to nail the Nixon administration for Watergate to protect one of their own more important programs. This was reported to be ties between the democratic leadership and a prostitution ring. A weakness of Hougan’s book was that he tended, at the time, to believe this was possible.

Looking back today, we can see that this pile of disinformation was prepared by conservative republican operatives who wanted to smear top democrats and, not surprisingly, John Dean. One need only read the preface of Dean’s 2006 "Conservatives Without Conscience" for a fuller account.

This does not mean that most people who remain opposed to Ford’s pardoning of Nixon are either insincere or wrong. But it is cause to question those who peddle the myth that Nixon was pardoned so that other issues would remain secret. The fact is that Nixon himself was certainly guilty of the high crimes and misdemeanors the House was planning to charge him with. But Nixon was not protecting anyone but himself. And the truth is that a number of investigations that started during the Nixon years continued after he was pardoned.

{5} "Secrecy – the first refuge of incompetents – must be at bare minimum in a democratic society, for a fully informed public is the basis of self-government. Those elected or appointed to positions of executive authority must recognize that government, in a democracy, cannot be wiser than the people." – House Committee on Government Operations; 1960 Report; quote taken from "Worse Than Watergate," by John Dean.

In January, 1970, Christopher Pyle reported on the US Army spying on the civilian population. On December 22, 1974, The New York Times featured an article by Seymour Hersch describing covert CIA operations including assassination attempts of foreign leaders; attempts to overthrow foreign governments; and the spying on US citizens.

On February 19, 1975, the House of Representatives created the Nedzi Committee; approximately 5 months later, it was replaced by the Pike Committee.

In 1975, Gerald Ford created the US President’s Commission on CIA activities within the United States. The investigation was headed by VP Nelson Rockefeller, and is often called the Rockefeller Commission. They looked at issues including surveillance of "domestic dissident groups"; the CIA mind control study known as MKULTRA; and the possible presence of E. Howard Hunt and Frank Sturgis in Dallas on 11-22-63.

Also in 1975, the United States Senate Select Committee to Study Government Operations with Respect to Intelligence Activities was formed as a result of potentially illegal CIA and FBI activities were exposed by the Watergate investigations. Known as the Church Committee, because it was chaired by Senator Frank Church (D-ID), this was the precursor to today’s Senate Select Committee on Intelligence. In 1975 and ’76, the Church Committee issued 14 significant reports on the US intelligence community activities.

The House of Representatives and the Senate did not do a perfect job in the 1970s. But they made serious attempts to make good on this nation’s promise for a true Constitutional democracy. The issues involved in that Constitutional crisis were not limited to if Nixon needed further punishment, and certainly did not focus on any prostitution ring other than an executive office whoring for imperial power. American citizens would do well to take the time to study the events of the Watergate era today. Because, as Faulkner wrote, "The past is never dead. It’s not even past."