No matter how many years I have been monitoring crimes high and low in what co-authors Alexander Cockburn and Ken Silverstein called “Washington Babylon”, there are those times that I can only do a double-take over something I read in the NY Times. Today was one of those days as I read an article titled innocently enough “Panel to Advise Against Penalty for C.I.A.’s Computer Search”. If you tried to guess what the article was about from the heading, you’d wonder why anybody would be penalized for a “computer search”. After all, I use Google 25 times a day and nobody ever had the need to penalize me, even IT management at Columbia University that probably figured out that if I was on Google, it was to find out who starred in Godard’s “Contempt” rather than how to do a recursive grep in Unix.
But the heading should have been “Panel to Advise Against Penalty for C.I.A.’s Computer Hack” since that is what actually happened:
A panel investigating the Central Intelligence Agency’s search of a computer network used by staff members of the Senate Intelligence Committee who were looking into the C.I.A.’s use of torture will recommend against punishing anyone involved in the episode, according to current and former government officials.
The panel will make that recommendation after the five C.I.A. officials who were singled out by the agency’s inspector general this year for improperly ordering and carrying out the computer searches staunchly defended their actions, saying that they were lawful and in some cases done at the behest of John O. Brennan, the C.I.A. director.
If it was done at “the behest” of the CIA director and behind the backs of the Senate investigators, but seen as not worthy of punishment, there must have been mitigating circumstances that would have allowed that panel to act as it did. Like the possibility that Diane Feinstein was a secret al-Qaeda operative and it was necessary to check up on her. I mean, after all Obama is a Marxist, right? That’s what Glenn Beck says and who would gainsay him?
As it turns out, the panel is like one of those police department internal investigations that are conducted after some Black youth gets shot 37 times. Who would expect the cops to find themselves guilty? That’s basically what happened here. As the NY Times reports, the members were “appointed by Mr. Brennan and composed of three C.I.A. officers and two members from outside the agency.”
The CIA broke the law just as cops do when they shoot an unarmed Black youth. The Times article referred to “improperly” hacking the Senate computers. That is not quite the term that describes what took place. “Illegally” is more like it. When Oregon Democratic Sen. Ron Wyden, a member of the Senate Intelligence committee, asked Brennan whether the CIA was subject to the Computer Fraud and Abuse Act – an anti-hacking law, Brennan said that he’d have to get back to him.
Those two members from outside the agency might as well have been career CIA officers for what it’s worth. One of them was panel chairman Evan Bayh and the other was Robert F. Bauer, Obama’s legal counsel during his first term.
Evan Bayh was the Senator from Indiana between 1999 and 2011 and served as the Chairman of the Democratic Leadership Council from 2001 to 2005. The DLC embodies the sort of politics that the Clintons made infamous. Some people voted for Obama in 2008 under the assumption that being opposed by Hillary Clinton meant that he was not cut from the same DLC cloth. As it turned out, Obama was exactly like Bill Clinton, a loyal servant of Wall Street and a firm believer in the right of the US to rule the world. In 2002, Bayh stood at George W. Bush’s side in a ceremony announcing their joint support for an invasion of Iraq.
Since Barack Obama is strictly opposed to punishing John Brennan or any of his flunkies, you can expect his former lawyer to understand what his job is. After Robert F. Bauer stopped functioning as the White House shyster, Obama sent him off with the following encomium: “Bob was a critical member of the White House team, He has exceptional judgment, wisdom and intellect, and he will continue to be one of my close advisers.” With a White House that has clamped down on the press more than any administration in modern history and that has made secrecy its standard operating procedure, who would expect Bauer to do anything else except get the CIA off the hook?
Bauer wrote for the Huffington Post briefly. You can get a flavor of his worldview from a couple of articles. In one he makes “the progressive case” for pardoning Scooter Libby, the Bush aide who went to prison for perjured testimony in the Valerie Plame investigation. And here I am, stupid me, always thinking that progressive meant something like public works programs or single-payer health insurance. Golly, you really learn so much from the Huffington Post.
Bauer’s other article worth noting was a tribute to Richard Rorty on his passing. It demonstrates an understanding of the culture wars that I wouldn’t have expected from a shady lawyer in the corridors of power. He urged that the heirs of the New Left, the professors at places like Columbia University teaching cultural studies and standing up for diversity, would find common cause with the New Deal left that preceded it.
In making his case, Bauer referred to Rorty’s essay “The Last Intellectual In Europe — Orwell on Cruelty”. On the very first page of the essay, Rorty quotes Orwell’s opposition to practices that had become widespread in the 20th century. He referred to them in “1984”, those that “had long been abandoned, in some cases for hundreds of years – imprisonment without trial, the use of war prisoners as slaves, public executions, torture to extract confessions, the use of hostages, and the deportation of whole populations – not only became common again, but were tolerated and even defended by people who considered themselves enlightened and progressive.”
Such is the Orwellian state that we have finally arrived at that Robert F. Bauer can write such an article for Huffington Post honoring a man who opposed “torture to extract confessions” while at the same time covering up for a CIA that was guilty of such crimes.