I might have retitled this "A Vision of Things to Come?"  And
check out the online version of the top article for some amazing links.
Ed
http://www.zmag.org/content/print_article.cfm?itemID=6183§ionID=1

ZNet | Activism

The Rise of the Homeland Security State

Fortress Big Apple, Revisited

by Nick Turse; TomDispatch; September 07, 2004

Prior to the Republican National Convention, I thought I knew all about
the militarization of Manhattan -- the transformation of the island into a
"homeland-security state" -- and about New York City as the paradigm
for the security culture that increasingly grips American society. After
all,
I wrote about it in "Fortress Big Apple." It turns out I didn't know the
half
of it. Only after writing that piece did I discover that the New York Police
Department had purchased two experimental sound weapons known as
Long Range Acoustic Devices (LRADs) which I had once described in
writing about U.S. experimental weapons research in Iraq. I had termed
the deployment of an LRAD here during the convention "improbable" -- 
yet there it was out on the very same streets I was walking. I also looked
out my window and caught sight of the ultimate blending of corporatism
and the police-state --the Fuji blimp -- now emblazoned with the logo:
"NYPD." This spy-in-the-sky, outfitted with the latest in video-surveillance
equipment, had been loaned free of charge to the police all week long.

But even finding out about these new high-tech tools of the homeland
security-state didn't make things clear to me; nor did the ever-present roar
of helicopter rotors as those of us in the streets during the RNC were
surveilled from above; or even when Brendan Galligan of the NYPD
Aviation Unit bluntly told a reporter from the local ABC TV affiliate: "I'm
looking for any kind of crime on the grou[nd]. In this case, we're looking
for roving mobs of people traveling in unison, that might indicate some sort
of problem for the ground troops." "People traveling in unison" a crime?
"Ground troops"? I should have fully understood then, but I didn't.

I didn't quite get it when I saw the stone-faced feds out on the streets
with
those ever-present ear-pieces piping in commands from who knows where;
nor as I scuttled between concrete barricades and metal fences in the area
around Madison Square Garden while remote cameras tracked my every
move; nor when a march I was in was flanked by a phalanx of bicycle-riding
police; nor when a corps of plainclothes cops on scooters trolled the
streets
near Times Square. You would think that I would have understood it when
the peaceful group of activists I was with were pushed off the sidewalk by
police in front of us, while the cops in back ordered us onto the sidewalk;
or
when, left with no options, we tried to escape by crossing Broadway only to
have some of our number caught in the NYPD's literal dragnet -- rolls of
orange plastic netting which were repeatedly unfurled all across the city,
snagging protesters, press, legal observers, pedestrians, and bystanders
alike.
I can't understand why I didn't get it when I looked up from watching some
cops press a man's head to the pavement to see a hoard of police on
horseback heading down the street towards me; or when officers from the
NYPD's Technical Assistance Response Unit (TARU) filmed me, apparently
for walking in a park or perhaps for what I might do, prompting a young
woman to sidle up next to me and whisper "they're tailing you" --making me
wonder, was the warning sincere or could she be with them too?

I witnessed the fleets of black SUVs with police escorts roar down virtually
empty city streets near the Madison Square Garden bubble. On numerous
occasions, I saw flatbed police trucks filled with the very interlocking
metal barriers that a judge had ruled could no longer be used to pen in
protesters (as the NYPD had been doing for about a decade) -- and I saw
those metal barricades pressed back into action on multiple occasions. I
witnessed a black van door slide open, revealing tactical-gear clad troops
of some sort, brandishing automatic rifles. I witnessed cops and feds on
rooftops with binoculars and cameras trained on me and/or my compatriots.
I saw cops peering through the near-blacked out windows of unmarked cars
and noticed the NYPD's "radio emergency patrol vehicles" wherever
protesters seemed to gather.

I repeatedly walked through gauntlets of blue-uniformed cops and white-
shirted brass to and from the subway in Union Square Park -- where the
three guys in jeans and untucked button-down shirts (which every so often
showed the outlines of their guns) graciously smiled one evening as I
snapped a picture of their undercover activities. Much less jolly were the
secret service agents, one clad in polo shirt and khaki pants, who moved in
behind me prompting a legal observer at an event to collect my name and
contact information in case I should be snatched off the street; even less
jolly was the beefy NYPD officer with no visible badge or name tag who
made it a point to shove me as I attempted to take a picture of an orange-
net arrest before offering a less-than-convincing "excuse me!" as he strode
away.

Police vans with netting over the windows; helmeted riot gear-clad cops;
NYPD "paddy wagons"; constant sirens; cops who shoved at us with their
night-sticks; armed park police filming with camcorders; radios crackling
information to uniformed officers outside almost any subway stop, on street
corners, on subway platforms, and on the trains themselves; even those
menacing, or sometimes just weary-looking, ultimate conscripts of the
homeland security army, the police attack dogs on street patrol, didn't
fully hammer home the reality of Fortress Big Apple. What did was the 10'
by 20' chain-link pen with razor wire over the top that I found myself in
after
being arrested for the crime of trying "to change trains," as a Washington
Post reporter wrote, after sitting "silently on a subway train going uptown"
to "protest deaths in wars in Iraq, Afghanistan and elsewhere."

The floors of the pen were covered with a layer of grime -- a mix of what
might have been oil, grease, battery acid, transmission fluid, antifreeze,
diesel fuel, and possibly leaded gasoline; the pipes overhead gave the
appearance of incomplete asbestos abatement; the rotting food and old
milk cartons behind the detention pens helped to further drive it home. Like
so many others, I was illegally arrested and taken to a makeshift detention
center set up by the city especially for the protesters. It was the old
municipal bus garage which bears the name "Marine and Aviation Pier 57"
but has now been dubbed "Guantanamo on the Hudson." Of course, being
incarcerated in New York's own Gitmo (before being packed off to central
booking and then a cell in the infamous "Tombs") rather than in America's
"offshore archipelago of injustice" -- Abu Ghraib, the actual Guantanamo,
or "Camp Justice" on the Indian Ocean island of Diego Garcia, to name but
a few means I fared infinitely better than most victims of America's
security
culture run amok. Still, the visible abrasions on my wrists from the plastic
cuffs (fastened so purposefully tight) that restricted the blood flow to my
hands while I was in transit to jail aboard a corrections bus, or the tears
of the woman in a cage on the same bus suffering from also too-tight hand
restraints (which left the cops in a joking mood), do show the bare traces
of the Abu Ghraib mentality alive in America's security forces, at home as
well as abroad.

Of course, in communities of color and poor neighborhoods, such tactics,
and worse, are old hat - as my cell-mates behind the arraignment courtroom
were quick to point out. But now the NYPD is field-testing new tactics and
tools to use against us all. Perhaps most distressing, they've established a
precedent and the tacit acceptance of the public as well. Most New
Yorkers either left town or failed to vigorously protest the chilling effect
of
the growth of the homeland-security complex.

I heard first hand of seemingly baseless preemptive arrests and intimidation
by federal agents -- an activist en route to work grabbed off the street by
the feds; another apparently tailed by a black SUV and shadowed by
plainclothes agents. The question is: Will this stop now that the RNC has
left town or will it simply become the accepted way of doing things in New
York City and elsewhere around the country?

The RNC gave the NYPD, coordinating with the feds, a perfect opportunity
to stockpile weapons systems, high-tech equipment, and surveillance devices.
It allowed them to refine, perfect, and implement new tactics (someday,
perhaps, to be thought of as the "New York model") for use penning in or
squelching dissent. It offered them the chance to write up a playbook on
how citizens' legal rights and civil liberties may be abridged, constrained,
and violated at their discretion. In short, it gave them a free hand to
transform New York City into a true homeland security statelet.


Nick Turse writes regularly on the military-industrial-entertainment
complex. He was jailed by the homeland-security state when he dared to
ride the subway with a "war dead" placard around his neck
(http://media.washingtonpost.com/wp-dyn/images/I51190-2004Aug31).
He asks you to consider donating to the NYC Legal Work Fund
Collective for RNC Arrestees and/or the National Lawyers Guild who
saved him more than once during the protests.

Copyright C2004 Nicholas Turse

***

Wall Street Journal - Sept 17, 2004

Guantanamo Defense Lawyers Are Barred from Status Hearings

Military Will Determine Whether the Detainees Are 'Enemy Combatants'

By JESS BRAVIN
Staff Reporter of THE WALL STREET JOURNAL

Defense attorneys for prisoners at Guantanamo Bay, Cuba, have been barred
from meeting with their clients while the military conducts hearings to
confirm that the detainees are "enemy combatants," the lawyers said.

A military commission spokesman, Air Force Col. Wayne Dillingham, confirmed
that commission staff members temporarily had been barred from visiting
Guantanamo but said it was unrelated to the combatant-status hearings. He
declined to give an explanation for the ban, which is expected to last about
a week.

The Defense Department set up the combatant-status hearings to comply with
the U.S. Supreme Court's June ruling that Guantanamo prisoners are entitled
to challenge the legality of their detention. As of Sept. 13, the Pentagon
said that 38 such proceedings had been completed and all but one prisoner
were confirmed as enemy combatants. The Pentagon says the combatant hearings
are purely "administrative" and bars attorneys from representing prisoners
before them.

The Pentagon considers the combatant-status hearings to be separate from the
military commission proceedings. Since "our process does not involve lawyers
... it doesn't make sense to allow some detainees to have lawyers while
others don't," said Navy Capt. Beci Brenton, a spokeswoman for the combatant
hearings. Instead, a military officer is assigned as a "personal
representative" to assist the prisoner in preparing for the hearing. That
officer can't be a lawyer and is required to tell superiors anything
incriminating the prisoner might say.

But defense attorneys say the facts at issue in the combatant hearings are
largely identical to those before the military commission. Under Pentagon
rules, the commission can consider any evidence it wishes, including any
statements taken from prisoners through the combatant hearings.

Four Guantanamo prisoners already charged with war crimes are represented by
Pentagon-appointed military lawyers. Last month, David Hicks pleaded not
guilty to offenses including attempted murder and aiding the enemy. Mr.
Hicks, an Australian captured in Afghanistan after allegedly fighting for
the Taliban, is slated to face a separate "combatant status review tribunal"
today that will decide whether he is an enemy combatant, said his Marine
Corps lawyer, Maj. Michael Mori. The three other Guantanamo prisoners have
yet to enter pleas.

Another commission defendant, alleged al Qaeda propaganda aide Ali Hamza
Ahmad Sulayman al Bahlul, refused to attend his combatant-status hearing on
Tuesday, attorneys said.

Maj. Mori said Mr. Hicks "should have the opportunity to consult with his
counsel before" deciding whether or how to participate in the combatant
hearing. Maj. Mori and other defense lawyers for detainees said they had
received no replies from the head of the combatant-hearing system, Navy
Secretary Gordon England, to their letters requesting that government agents
communicate with the defendants only through their lawyers. Maj. Mori said
he learned of the ban Wednesday, when his Air Force paralegal was denied
transit to Guantanamo for a scheduled meeting with Mr. Hicks.

Separately, the Defense Department canceled an Oct. 4 hearing of its
war-crimes tribunal after prosecutors consented to defense motions to
disqualify several of the panel members. In legal papers, the chief
prosecutor, Army Col. Bob Swann, dropped objections to remove several
military officers that defense lawyers said were too closely linked to the
campaign in Afghanistan to judge defendants fairly.

The prosecutor also asked the presiding officer, Army Col. Peter Brownback
III, to "closely evaluate his own suitability" to stay in the job, after
defense lawyers objected to his longstanding friendship with the head of the
tribunal apparatus, who approved the charges against the defendants and
selected Col. Brownback to head the commission. The commission's next
hearing is scheduled for Nov. 2.

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