While some people might believe that those on the Left
wing of the political spectrum pose the bigger threat to
the freedom and well-being of the American people,
nothing could be further from the truth. Today, the much
bigger threat (Read here and here) comes instead from the Right wing or
conservative side of the political spectrum, for it is
the conservatives who are either indifferent to or
squarely in favor of military rule, torture, and
suspension of habeas corpus and civil liberties for
suspected terrorists. And those things constitute a much
more ominous threat to our freedom and well-being than
anything leftists endorse. (Of course, in fairness to the truth, there are leftists who endorse violations of civil liberties or simply look the other way when such violations are committed by leftist officials, two notable examples being Janet Reno and Fidel Castro.)
A good example of the conservative mindset and the
threat that it currently poses to the American people
lies with the brutal military regime of Chilean
strongman Gen. Augusto Pinochet, an army general who,
with the support of the U.S. CIA, ousted the
democratically elected president of Chile and took power
in a coup detat in 1973. While the Bush
administration often suggests that the U.S. war on
terrorism is something new, the fact is that the
war on terrorism was the central element of
General Pinochets 17 years of brutal military rule
in Chile.
Pinochets war on terrorism entailed all
the features of the Bush administrations war
on terrorism torture, murder, sex abuse,
denial of civil liberties, indefinite detentions,
renditions, and disappearances of suspected terrorists.
(Renditioning is a top-secret U.S. policy by which U.S. officials have been delivering suspected terrorists to friendly authoritarian regimes, presumably for the purpose of torture and possibly even execution so that U.S. officials can maintain clean hands with respect to what is done to the victim.)
Throughout those infamous and frightening 17 years of Pinochets rule, U.S.
conservatives pooh-poohed Pinochets horrific
human-rights abuses, choosing instead to hail his
free-enterprise economic policies (some of which
actually bore a remarkable resemblance to Benito
Mussolinis fascist economic policies). Embracing
the point made famous by Lenin, the U.S. conservative
attitude toward Pinochets horrific human-rights
violations was that, to make an omelet, it was sometimes
necessary to break a few eggs. In Pinochets case,
that meant some 3,000 human beings executed (after being
brutally tortured) and some 30,000 brutally tortured, all for the sake of ousting a democratically elected socialist and possibly even pro-communist regime and replacing it with an unelected and brutal military regime that supposedly would bring free enterprise to Chile.
The Chilean example provides many important lessons about
U.S. conservatives that the American people ignore at
their peril.
The so-called commitment to democracy that U.S. officials
have used to justify their invasion and war of aggression
against the people of Iraq is hogwash. Federal officials
no more have a commitment to democracy than did, well,
Augusto Pinochet, whose installation into office U.S.
officials and U.S. conservatives enthusiastically
embraced. After all, what better example than the U.S.
attitude toward democracy than what happened in Chile?
In 1970 the Chilean people elected a socialist and avowed Marxist, Salvador
Allende, to be their president. (Conservatives, both Chilean and American, accused Allende of planning to turn Chile into a communist dictatorship, an accusation that Allende repeatedly denied.)
Upon Allende's election, Republican President Richard Nixon immediately issued an order to his national security
advisor, Henry Kissinger, to do whatever was necessary to
oust the democratically elected Allende from office, even if that meant violating the democratic will of the Chilean people by installing
an unelected military regime in Chile. The CIAs
unsuccessful attempt to prevent Allende from taking
office resulted in the murder of a high Chilean general,
not that that bothered many people within the U.S.
government.
While it is still impossible to know all the things that
the CIA did to oust Allende from office three years later
(the CIA still refuses to open all its files in the
matter national security, of course),
there is no doubt that U.S. officials from the president
on down, along with their U.S. conservative supporters,
enthusiastically embraced Allendes violent ouster
from office and his replacement by Pinochets brutal
military regime. (By the end of the coup, Allende and
many others were dead.)
Instigating a war on terrorism that would
last almost two decades, Pinochet and his military
minions immediately began rounding up
terrorists and brutally torturing them and
executing them. Included among the terrorists
who were executed were two American left-wing
intellectuals, Charles Horman and Frank Teruggi. The eagerness of U.S. officials
to accept Pinochets false explanations of the
circumstances surrounding the deaths of these two Americans indirectly
contributed to Pinochets cover-up of their murders. As it turned out,
Pinochets henchmen had executed Horman in a Santiago
stadium immediately following the coup. And some 30 years after their deaths, the CIA has finally
admitted that it might even
have played a role in Hormans murder, although
it refuses to specify exactly how. Again, the CIA steadfastly refuses to open all its files in the matter on the ground that the security of the United States would be placed in jeopardy through the disclosure of such files. (Hormans death was the subject of the movie Missing which starred Jack Lemmon and Sissy Spacek.)
(For excellent accounts of the Pinochet coup and the role
that U.S. officials played in it, along with a good
description of how the Pinochet and U.S. governments
worked closely together in the years after the coup, I
highly recommend two books, both of which form the basis
for much of this article: The Condor Years: How
Pinochet and His Allies Brought Terrorism to Three
Continents, by John Dinges, and The Pinochet
File: A Declassified File on Atrocity and
Accountability, by Peter Kornbluh.)
Harking back to Hitlers Gestapo and Stalins KGB, Pinochet set up one of the most frightening organizations of
state-sponsored terror ever devised. Called the DINA, it was a secret
organization consisting of torturers and executioners
who, like their German and Soviet counterparts, honestly believed
that they were patriotic government officials who were
serving their country, as they tortured and executed
their victims. Over the succeeding years, DINA and the
CIA would maintain a close working relationship, not only
because the head of DINA had received training from the
U.S. military but also because the CIA liked receiving
the information that was being extracted by the DINA
torturers.
Unfortunately, DINAs torture and execution chambers
were not limited to Chile. Given that military regimes
were ruling in such nearby South American countries as
Argentina, Uruguay, and Paraguay, DINA became a
cross-border cooperative venture in which the military regimes
would track down and arrest each others
terrorists. Once arrested, the DINA agents
from the captives home country would be invited to
enter the country to torture and execute their own
citizens or the victim would be renditioned to his home
country for torture and execution.
Who was a Chilean terrorist? At first, it was
anyone who took up arms against the Pinochet military
regime that is, those who didnt meekly
submit to a violent military takeover of their country
those who were violently resisting Pinochets military
dictatorship, including communist terrorists.
It wasnt long, however, before the paranoia that
customarily afflicts military regimes led to the arrest,
torture, and execution of thousands of people who
peacefully opposed military regimes and
peacefully promoted the restoration of democracy
and civil liberties to Chile, including officials who had served in the Allende administration.
U.S. conservatives have long justified the Pinochet
regime on the ground that Allendes socialist economic policies (and, conservatives claimed, Allendes communist aims) were anti-freedom and threatened the
economic well-being of the Chilean people. Therefore, to avoid a socialist president and possibly another communist regime in this hemisphere (Cuba, of course, being the other), conservatives claimed that it was entirely proper for the Chilean
military (and the U.S. government) to disregard the democratic electoral results
and violently oust Allende from office, installing a
military regime that might even bring free
enterprise policies to Chile.
Yet, for the past several decades, the American people
have democratically elected people to public office who
believe in the same socialist policies that Allende
believed in: Social Security (which originated among
pre-Hitler German socialists), Medicare, Medicaid, public
(i.e., government) schooling, welfare, public works,
income taxation, coercive redistribution of wealth from
the rich to the poor, business subsidies, foreign aid,
and the like. For that matter, all these U.S. socialist
programs (which U.S. conservatives today embrace) are also primary features of Fidel Castros
socialist and communist system.
Was Franklin Roosevelts New Deal any different in
principle from Allendes economic platform? How
about Lyndon Johnsons Great Society? Roosevelt,
youll recall, had even confiscated and nationalized
the gold holdings of the American people. As a socialist,
Allende believed in the Marxian principle of coercive
redistribution of wealth from rich to poor. So did
Johnson thats what his war on
poverty was all about.
Would the election of Roosevelt and Johnson and the
adoption of their socialist policies have morally
justified a military takeover of America to restore free
enterprise to our country? Or would we prefer that such
ideological changes be accomplished through the normal
democratic processes?
As harmful and destructive as socialist economic policies
are, they pale in comparison to the omnipotent power to
kill, torture, and disappear people that come with
military rule. Seeing your wealth taxed and given to
others is bad. Seeing your economic activities regulated
is bad. But when military officials have the unfettered
power to take you into custody, torture you, and execute
you, its the end of the story for freedom in that
society. As Chileans under Pinochet discovered
indeed as Russians under Stalin and Germans under Hitler
discovered there is no peaceful way to change the
system once youre dead.
Thats why it has been
said, for example, that habeas corpus the right to
challenge the governments detention of you in a
court of law is the true lynchpin of a free
society. To belabor the obvious, if there is no right to habeas corpus in a society, there is nothing standing in the way of the military in that society to seize, torture, and execute the citizenry at will, except for the good faith of the military, for what thats worth, especially during a severe crisis, when the military honestly believes that the terrorists or the communists are threatening to take over the country. A good example was the famous terrorist strike on the German Reichstag, which led to the decision by Germanys elected representatives to temporarily suspend civil liberties and grant their chancellor, Adolf Hitler, emergency powers to deal with the terrorist and communist crisis.
Have conservatives taken America in the direction of the
Pinochet regime that they hailed and celebrated for so
long? How can anyone doubt it? Torture; indefinite
detentions; murders; sex abuse; renditions; indefinite
detentions; military tribunals; and denial of habeas
corpus, due process of law, trial by jury, and judicial
supremacy. And just as they did during the Pinochet
regime, U.S. conservatives are looking the other way
while all this is going on even claiming its
necessary, all the while hailing and celebrating
Bushs free-enterprise policies.
President Bush is claiming the same power that Pinochet
claimed the power to arrest, torture, and kill
terrorists, not just inside the country, but
all over the world. It was, in fact, Pinochet, not Bush,
who first developed the concept that the entire world was
a battlefield in the war on terrorism. This
is what motivated Pinochet to send DINA agents (one of
whom perceived himself to be a James Bond) to Europe and
the United States to assassinate terrorists.
It was in fact, Pinochets the world is the
battleground mindset that motivated him to send
DINA agents to Washington, D.C., to execute former
Allende cabinet member Orlando Letelier on the streets of Washington, D.C., in 1976.
In Pinochets mind indeed, in the minds of
many of his conservative supporters Letelier was a
terrorist because he was doing everything he
could to bring down the Pinochet regime, especially by
lobbying U.S. congressmen to cut off U.S. foreign aid to
the Pinochet regime.
Fortunately, there have been those whose conscience and
consciousness enabled them to see things differently.
They correctly perceived Pinochet and DINA officials to
be the terrorists state terrorists. They correctly
recognized the right of people to peacefully resist a
military regime, especially an anti-democratic regime
that has gained power through the violent ouster of a
democratically elected regime. Nothing not even
free-enterprise, Chicago-boys economic
policies can excuse that sort of state-sponsored
thuggery.
Thats why people in the libertarian section of the political spectrum, unlike those in the
conservative section, have long supported the criminal
indictment of Pinochet and his DINA minions
because terror in the name of fighting terror is a grave
criminal offense against humanity no matter what economic
philosophy the state terrorist happens to hold.
Pinochet left office in 1990. In 2000 almost 30 years after the Chilean people democratically elected a socialist, Salvador Allende, president the Chilean people democratically elected another self-avowed socialist, Ricardo Lagos, president of their country. A few days ago January 4, 2005, Chiles Supreme Court upheld a criminal indictment brought against Gen. Augusto Pinochet for murder and kidnappings.
What danger does the U.S. conservative mindset that
supported Pinochet and his military regime pose to us
Americans? Well, here it is, bluntly and directly: CIA
and Pentagon officials are now arresting, torturing, and
disappearing (i.e., renditioning) people in different parts of the world, just as Pinochet was doing.
Explicitly opposing torture in public pronouncements, as
Pinochet publicly did, they express their ambivalence
toward torture not only through the
renditions, but also through their
appointment of high federal officials who have implicitly or explicitly condoned or approved
torture to high federal positions of power.
And now we learn that U.S. officials are planning to form death squads and kidnapping squads in Iraq to fight the
terrorists, just as Pinochet and DINA did in
South America.
But I dont need to worry about Bush, the CIA,
and the Pentagon, one might say. Im an
American and therefore I have nothing to worry
about.
Oh? Not only is the morality of that position
questionable, try telling it to Jose Padilla, an American
citizen whom the Pentagon arrested on American soil and
accused of terrorism. Hes been denied due process
of law and trial by jury, and the U.S. military is saying
that it has the unfettered military power to punish, even
execute, him as a terrorist who was captured
on the battlefield of the world, which
includes the Chicago, Illinois, airport, where he was
taken into custody. It is the same position that Pinochet
took when he sent DINA agents to kill Orlando Letelier on
the streets of Washington, D.C.
But its only one American, and hes some
Hispanic named Jose Padilla. Theyre not going to
come after any of us Anglo-Americans.
The people in the CIA and the Pentagon are not stupid.
They know that if they begin rounding up hundreds or
thousands of domestic terrorists, as Pinochet
did, before having secured a favorable judicial ruling
authorizing them to do so, large numbers of detainees,
tortures, and executions would prejudice their chances in
the courts. Thus, even while theyve rounding up
untold numbers of foreigners, theyve limited their
domestic roundups so far to one unsympathetic American
arrested here in the United States Jose Padilla.
But they know what every lawyer knows if they can
secure one favorable and definitive ruling that keeps the
federal courts from interfering with their arrest and
incarceration of Jose Padilla, there will then be no
further obstacles to their expanding their Gulag
operations at Guantanamo to include American
terrorists. After all, the reason that the
Pentagon has not sent Americans to Guantanamo is not
based in law but rather in discretion theyre
being nice until they secure that favorable judicial
ruling in the Padilla case.
Do you remember when the feds fired a missile at an
American terrorist who was traveling in
Yemen, killing him and his fellow passengers? Thats
the Pinochet mindset in action: In the war on
terrorism, the entire world is the battlefield,
which means that its okay to kill (or torture)
terrorists, Americans or foreigners, wherever they might
be found. After all, a terrorist is a
terrorist, right? Does it make any difference
whether hes Iraqi, Saudi, Chilean, or American?
Isnt he just as dangerous?
Thats what guided Pinochet to torture and kill
terrorists, wherever they might be found, and
its what guides U.S. officials to do the same
thing. Its what guided the DINA to kill Orlando
Letelier on the streets of Washington, D.C., and
its what guided the CIA to kill an American
terrorist in Sudan. Its what guided
Pinochet, the DINA, and the Chilean military to arrest,
torture, and disappear people in Chile and elsewhere, and
its what has guided Bush, the CIA, and the Pentagon
to arrest, torture, disappear, and rendition people in
different parts of the world.
In other words, if the Pentagon secures a favorable
ruling in the Padilla case, there will be nothing
repeat nothing to prevent the Pentagon from
indiscriminately arresting Americans, transporting them
to Guantanamo Bay, Cuba, torturing them, detaining them indefinitely,
and executing them. Just as under Pinochet.
Of course, no one would question the propriety of punishing people who have committed terrorist acts. Thats, in fact, one of the legitimate roles of government. But
theres a right way to do it and theres a
wrong way. And the Pinochet-Bush way is the wrong way.
What U.S. conservatives have historically failed to
recognize is the vital importance of civil liberties to a
free society. Thats why they always mock and make
fun of our constitutional rights. Its
why, in fact, they supported the Pentagons setting
up of its torture camp in Cuba they saw it as a
cute way to avoid the constraints of the Constitution and
the Bill of Rights. Its why they call brutal
military rule in Iraq which has entailed curfews,
indefinite detentions, unreasonable searches and
seizures, rule by decree, torture, sex abuse, rape, and
murder freedom and liberation.
There is only one proper way to determine whether someone
has committed a terrorist act or any other criminal
offense and thats through normal
civilian-run judicial processes, especially those set forth in the
Constitution and the Bill of Rights. These include a
grand-jury indictment (i.e., the right to be informed of
the charges against you), right to counsel, trial by
jury, and due process of law.
To belabor the obvious, the idea is that by following
established judicial procedures of due process against
persons accused of a crime, the chances of punishing,
even executing, an innocent person, such as Orlando
Letelier or perhaps the people whom the Pentagon has released from Guantanamo Bay after years of being denied due process of law or even perhaps Jose Padilla are significantly
diminished.
With the adoption of the U.S. Constitution and the Bill of Rights, the United States established the finest legal system in history. It is a system which is different from every other in the world. It is one in which every American should take tremendous pride. Its principles stretch back all the way to Magna Carta, the Great Charter of England in 1215. Its guarantees and protections apply to everyone, American and foreigner alike, accused of a crime by the U.S. government. Those important rights and guarantees include the right to be informed of the charges against the accused, right to counsel, protection from unreasonable searches and seizures, habeas corpus, due process of law, right to confront ones accusers, and trial by jury.
As the great criminal defense attorney Edward Bennett Williams put it, Civil liberties are a great heritage for Americans. They are not rights that the government gives to the people, they are the rights that the people carved out for themselves when they created the government.
We must ensure the continuation of our great American heritage of civil liberties. We owe to our predecessors. We owe it to ourselves. We owe it to our progeny.
Mr. Hornberger is founder and president of The
Future of Freedom Foundation. Send him email.
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