Thursday, August 08, 2013

***Out In The Be-Bop 1930s Night-When Primitive Man “Wins”- “Petrified Forest”-A Film Review



From The Pen Of Frank Jackman

Petrified Forest, starring Humphrey Bogart, Bette Davis, Leslie Howard, Warner Brothers, 1936
Okay here is the genesis of this review. Recently, being on a something of a film noir tear, especially a crime noir tear, I reviewed a little light puff of a noir film, Moontide, where well-known 1940s French film star Jean Gabon (who did a fantastic job in the French classic Children Of Paradise) tried to break into the Hollywood film racket with a role as a tough hombre, seen-it-all dockworker who is really just ready to settle down after all the wine, women and song escapades have worn thin. And settle down in 1940s movie parlance (and maybe life too) was with a good woman and a white picket- fenced house (or in this film a barge, it’s near the sea, see). The good woman, a kind of eternal working-class version of everywoman also happened to be down on her luck, and in that film was played by Ida Lupino.

Well, seeing Ms. Lupino in that role got me to think about a similar role that she played trying to be a good “wifie,” (and “mother” to the dog Pard) to Humphrey Bogart in High Sierra. In that film the grizzled Bogart played a serious desperado, a three-time loser desperado, Roy Earle, looking to “retire” with one last big score armed robbery to that picket-fenced house except the cops would not let him. Let him, especially after a certain messed-up resort hold-up caper went awry. And when Mr. Earle bought it, as it had to be since crime does not pay, grizzled wised-up gangster or not, Ms. Lupino was left to keep his memory fresh and keep moving on.

Of course all of that high Bogartism got me to thinking about other grizzled gangster roles (and grizzled detectives too) that the bad boy actor Humphrey Bogart played, and that led naturally to the film under review, Petrified Forest, where as Duke Mantee Bogart put in his bid for king of the gangster hill. In fact this film (he had also played the role on Broadway, I believe) first established him for that challenge.

The story line here has him on the run from, what else, a busted bank robbery, and every cop in the Pretty Boy Floyd, John Dellinger, Bonnie and Clyde American untamed West was looking for him and his confederates. He wound up in a flea-bitten café located, where else, next to the Petrified Forest, a great symbol of humankind’s age old struggle to deal with nature, and to break with the primitive past.

And that isolated, flea-bitten café setting is important because there is a young serving- them-off-the-arm waitress, Gaby, played by a very young Bette Davis, as the owner’s daughter, trapped there, full of dreams, literary dreams, and a very, very strong to desire to put those silly tree rocks behind her. And, as the film opens, a very well-turned out gentleman/intellectual/ hobo/alcoholic, Alan, played by Leslie Howard, on his uppers trying to get off that dusty road. And that little tension, a tension that was palpable to audiences in the 1930s, between Bogart’s gangster take-everything-you-can-grab-and-grab-it-quick and Howard’s ordered intellectual world gone awry with the times, the 1930s despair times what they were, is what drives the theme of this one.

Alan, knowing his time has passed, in any case, makes a pact with the devil to insure Gaby’s future hold on her dreams. And while Bogart, perhaps, played more memorable roles later he certainly was believable as the primitive man gangster trying to claim his rightful place in the modern world. Naturally, in movie life he must pay, pay big-time, with his life because we all know, or should know, that crime does not pay.

Bradley Manning in the Theater

Bradley Manning in the Theater by Claire Lebowitz
Courage is contagious, and the stories that we tell show what we value. Acting from conscience at any cost is a story as old as humanity and often adapted for the stage. The ancient Greek myth of Prometheus’ heroic act of rebellion against Zeus; bringing fire to humanity at the cost of his own freedom, was performed in 415 BC. Now that our own Prometheus, young, slight, gay soldier PFC Bradley Manning has the full force of the American Empire coming down on him in a tiny courtroom in Ft Meade, Maryland for “want[ing] people to know the truth,” we are learning all over again that knowledge comes at a very high price for which he may pay with life in prison. Bradley’s story has inspired two modern day playwrights to examine if the costs of rebellion and truth telling are so very different in our modern age.
“The Radicalisation of Bradley Manning” written by Tim Price and produced by the National Theatre of Wales is the first play to win the James Tait Black prize for drama. It is currently being performed at the Edinburgh Fringe Festival in Scotland. The play charts the story of Bradley’s life from his teenage years in Wales until he was incarcerated in the US, and was originally performed at Tasker Milward School in Haverfordwest Wales, where Bradley attended high school when he lived with his mother for 3 years. Tim Price felt a connection to Bradley through their shared Welsh heritage, he says: “it wasn’t until I learned of Bradley’s teenage years in Wales that my curiosity turned into obsession. This young soldier- who has attempted to call the president of the US as a defense witness- knows bus timetables around Haverfordwest. He knows the trials of schoolboy rugby, and speaks rudimentary Welsh. Once I realized this, Bradley became more than a news story.” In this production five different actors play Bradley, utilizing the “I am Bradley Manning” campaign meme.
“The Radicalization of Bradley Manning” will be live streamed for audiences worldwide to view From August 6th till August 25th.
To watch the live stream of the play, please visit: http://new.livestream.com/nationaltheatrewales
Bradley Manning play wins award
In the play, Bradley Manning’s life is charted from his teenage years in Wales to the present day. Photograph: National Theatre Wales/PA
“Bradass87” is a play I wrote about Bradley Manning that has been performed as staged readings, excerpts and short street theater scenes all over New York City. The title was Bradley’s screen name in his Instant Messenger chats and the play is composed entirely from primary source material, chat logs, interviews and trial transcripts (I am especially indebted to Alexa O’Brien for her amazing transcripts). Bradley has inspired me as he has countless others, but my personal connection to his story came from my trips to Afghanistan to teach high school students. Bradley’s feelings of responsibility towards civilians in Iraq and Afghanistan who are “struggling to live in the pressure cooker environment of what we call asymmetric warfare” resonated with me and his earnestness and principled nature continues to touch my heart. To me he injects humanity into a system that actively attempts to strip it away. As he has said often in chats, he is a Humanist and “values human life above all.”
vlcsnap-2012-09-26-11h25m22s206
Bradass87 examines the motivations of PFC Bradley Manning for exposing the truth about the American government’s conduct overseas. Bradass87 has been performed in New York City in theaters and on the streets.
“Bradass87” will be performed as a staged reading with Chris Dinolfo playing Bradley Manning, August 16th and 17th at 7:30pm in Washington DC at the Universalist National Memorial Church (1810 16th St NW Washington DC). The performance comes at the end of the defense witnesses’ testimony in the sentencing portion of Bradley’s trial and I hope the play and the panel afterwards will be an opportunity to create a public forum while the trial is ongoing to consider many of the larger issues this case brings up that threaten our democracy.
The US government has gone to great lengths to control what is written about Bradley in the media by conducting the trial in de facto secrecy, to keep Bradley away from public view so that he is not relatable and not characterized as a prisoner of conscience. These two plays attempt to counter that narrative. Once Bradley Manning becomes a symbol (as he is to Edward Snowden), they’ve lost. When the dust settles from the trial and we are no longer obsessed with the “hero or traitor” narrative, we will thank Bradley Manning for lifting the fog of war and confirm what another famous humanist, playwright William Shakespeare said: “truth is truth, until the end of reckoning.”

www.Bradass87.wordpress.com
http://nationaltheatrewales.org/bradleymanning

Free Bradley Manning Now!

Ruling on Patrick Kennedy’s speculation; James McCarl testifying in secret: trial report, day 29

By Nathan Fuller, Bradley Manning Support Network. August 7, 2013.
James McCarl, drawn by Debra Van Poolen
James McCarl, drawn by Debra Van Poolen
The seven reporters covering Bradley Manning’s sentencing trial today broke for a four-hour lunch at Ft. Meade, as government witness James McCarl testified in a closed session, largely referring to documents which are in the public domain but still referred to as “purported” cables and files.
McCarl is a division chief within the Joint Improvised Explosive Device Defeat Organization (JIEDDO), which analyzes IED technology, use, and patterns to improve U.S. military leaders’ situational awareness, primarily in Iraq and Afghanistan and now around the world.
Following WikiLeaks’ 2010 releases, JIEDDO was tasked to review 3,790 leaked Afghanistan Significant Activity reports (SigActs) and 111,000 Iraq SigActs to assess the impact from an IED perspective.
McCarl was in charge of three teams:
  • Operations Research Systems Analysis (ORSA), which McCarl broadly described as a group that analyzed statistics, capabilities, and helped “rack and stack tools,” and was helpful in “pull[ing] from these gigantic mounds of data”
  • Red Team, which looked at what the enemy could do with the information released, and enacted scenarios to show command leaders how they might react
  • Open Source, which scanned open-source coverage of the released cables, “particularly in jihadist websites,” and how Pakistani, Iraqi, and other governments were reacting
He said that ORSA only reviewed 2,000 of the 111,000 Iraq reports, to get an understanding of the main keywords to search for throughout the rest.
McCarl calculated that JIEDDO had spent 855 man-hours at roughly $200,000 in reviewing these files, but that he couldn’t quantify the impact it had on JIEDDO to pull those employees away from other work.
The court moved to a closed session, and will return at 3:00pm ET.
Judge allows limited speculation testimony
Earlier this morning, military judge Col. Denise Lind ruled on the defense motion to limit the scope of Patrick Kennedy’s testimony. Per her ruling yesterday, the defense will lodge its objections to each government witness to ensure that the prosecution doesn’t present evidence of indirect harm. The judge will hear each witness testify, hear the defense’s objections and the government’s response, and then rule on which portions are admissible.
The defense objected to six specific portions of Kennedy’s testimony
1. Testimony related to the diminuation of reporting from diplomats abroad
a. Judge Lind ruled that Kennedy’s testimony on this “chilling effect” was admissible as long as it related to the time period directly following WikiLeaks’ releases or subsequent news coverage of them
b. She ruled that Kennedy’s opinion on “long-term diminuation” is speculative and therefore inadmissible
2. His belief that if the United States doesn’t have other governments’ trust, it can’t get accurate information and therefore an accurate “product”
a. Judge Lind ruled that this testimony is admissible
3. His belief that nongovernment officials were less willing to speak fully and frankly
a. Same as part one: admissible only in the limited time frame
4. His belief that some embasses included less information in their reporting out of fear, because Kennedy testified that this reduced reporting was “self-generated” and therefore not a result of State Department direction
a. As before, Judge Lind ruled this is admissible in the limited time frame
5. His belief that a “chilling effect” on diplomatic reporting has and will continue to effect that reporting
a. Again, Judge Lind ruled that only short-term testimony here is admissible
b. She ruled that the foundation for his opinion regarding a long-term chilling effect is not based in quantifiable data and is inadmissibly speculative
6. His opinion that the chilling effect has decreased information coming in and had an effect on U.S. policy, and that policy decisions were made on “incomplete information”
a. Judge Lind ruled that Kennedy’s opinion on policy-making in general is admissible for the limited time periodShe ruled that his opinion on the negative effect on policy makers in D.C. based on incomplete information was speculative and inadmissible
The government will call another witness this afternoon, not marked for a classified session. It’s expected to call at least four more witnesses over two more days, all marked for classified sessions. Three are redacted, but thanks to Alexa O’Brien’s research, we expect those to include Adam Pearson from JIEDDO, along with Rear Admiral Kevin Donegan and Major General Kenneth McKenzie from the Pentagon. The fourth will be Youssef Aboul-Enein, a scholar on militant Islam in Iraq.
Update, 3:30pm ET
After the long lunch break, Adam Pearson from JIEDDO testified for about twenty minutes in open court, before moving to a closed session. A certified “ethical hacker” and Arabic linguist, Pearson researched IED “networks” for JIEDDO, which included investigating all logistic and financial preparation for IED attacks.
Update:
It’s worth noting that just one day before McCarl and Pearson testified about JIEDDO, Antiwar.com’s Kelley Vlahos wrote about the organization’s exorbitantly expensive failures,
Thus, the story of JIEDDO (Joint Improvised Explosive Device Defeat Organization), which, despite getting a total of $21 billion in taxpayer funds over the last seven years, has been accused of chronic mismanagement, redundancy, secrecy, and worst of all, largely failing at its core mission, which is to “focus (lead, advocate, coordinate) all Department of Defense actions in support of the Combatant Commanders’ and their respective Joint task forces’ efforts to defeat IEDs as weapons of strategic influence.”
We don’t know if the defense was able to discuss these issues in court, as the JIEDDO testimony took place almost entirely in secret.
***Poet's Corner-Letta Neely-Tales From The Other Side

This archival piece from 2011 started out life as From The Occupy Boston Woman’s Caucus March And Celebration-December 4, 2011 and is being given an encore here because, frankly, the original stuff said it all, and still needs our attention.-Peter Paul Markin

Josh Breslin comment:
“Hey, what time is the Women’s Caucus March starting?, asked, asked softly and politely, a young, maybe mixed spanishblackwhiteindian, woman dressed in what I would describe as modern young women casual elegant, student division, but what do I know of such North Face fashion trends, as I approached the tent full gravel walkway entrance that leads into the Occupy Boston encampment on the kitchen tent side. I answered softly and politely not out of instinct, or mannered effect, but from hoarsed-out chanting-“Whatever we wear, Wherever we go, Yes means Yes, No means No!” – “Consent in the sheets, Dissent in the streets!” – “We are unstoppable, another world is possible!,” words that rang in the streets that Sunday afternoon as the Women’s Caucus and their allies, including me, marched through Boston. A little change of pace from the generic national anthem-like “Banks got bailed out, we got sold out” slogans of late, but necessary to show, show manly show, solidarity with the women of this encampment who have led the struggle against male chauvinism and sexual harassment in general-and, disturbingly, in the camp.

“Sorry, you just missed it, we are just finishing up,” I told her. She responded that she thought the thing started at two (another of those snafus that are intrinsic to makeshift social movements, even movements hard-drive driven by modern computer technology), it said so in the Occupy Daily Calendar and she had rushed over here to make it in time. “That is when the music and poetry was listed to start. In fact they are underway down at the main stage now. I’ll walk you down” “Oh, I hope I didn’t miss Letta Neely reading her poetry, that is really why I came. She speaks to me, speaks to me a lot.” I replied that I was not familiar with this woman’s work. “Oh she is a sistah, a black beautiful lesbian sistah, who writes about stuff I feel, feel deeply, being a mixed-race, mixed-up, bi-sexual woman.” I gulped, and smiled, smiled inside, not at what she said but at what infinite number of words would have to go into righteously describing this young woman with that new information added, and of her search for space. I gave up as we approached the main stage and listened to a woman who described herself as PuertoDom ( I hope I am spelling this right, Puerto Rican and Dominican, okay) reading her poetry. Very sharp, witty, and politically to the point poetry. Then Letta Neely came on. Check this out:

From Juba:poetry/by Letta Neely, Wildheart Press, copyright 1998
juba

for renita

u be a gospel song
some a dat
ole time religion
where the tambourine git goin
and the holy ghost sneak up
inside people's bones and
everybody dancin and shoutin
screamin and cryin
oh jesus, oh jesus
and the people start to clappin
and reachin back to african rhythms
pulled through the wombs of
the middle passage
and women's hats start flying
while the dance,
the dance they do gets hotter and holier
and just the music has brought cause for celebration
yeah, u be a gospel song, girl
like some a dat ole back in the woods, mississippi river kinda
gospel
and i feel the holy ghost when you is
inside me
and the tambourines keep goin
and folks is stampin they feet
and oh no,
it's the neighbor knocking on the door
askin is we alright
say we was screamin
oh jesus, oh jesus
and i heard us but i
didn't hear cuz
i was being washed in the gorgeous wetness of
your pussy
being baptized w/ole time religion
the oldest religion there
is
2 women inside the groove
of each other
we come here
we come
we come here
to be
saved

Or feast on this beauty:

Connections
There are connections between us
between the lines we've needed or been forced to draw with our
blood
across
time space words wounds
On these new york streets i've seen cracks in the sidewalk and
grass spurting through like revolution holding fast
to one creed only: "keep going, keep going baby, keep going."
The crabgrass makes me think about where we, you and i
are going
it's a hard day when i realize i don't know any of my enemies
personally
It's my friends i'm speaking to
somehow we keep fighting the same battles over and over again
and arguing over
who's got it worse who's on the bottom of the totem pole
and i don't mean to
proselytize
but we're killing each other
and
the totem pole is still standing
and
we're still using it
not knowing it's an ethnic slur
Me, i feel trapped in the middle of all this whirlpool
i feel like i'm on top of three mountains
shooting
at myself
I went to the march on Washington and saw a lot of white men
together
talking about we will no longer sit on the back of the bus and
somebody had the nerve to say:
"there are a million rosa parks' here"
and i thought
it's not about white guilt or even gay pride
but make sure the
truth
is being told
Cuz the rosas couldn't make it to the march and
as for the back of the bus
whoever thought it up probably
flew
first class
So, i'm not talking bout not aligning with the struggles of my Blk peoples cuz i understand the connections all too well just remember to take Emmit Till, Atlanta child murders, Smallpox blankets, Stonewall, the treatment of Chinese railroaders, and Apple pie all together
Every day in harlem i face a different kind a fear other Blk peoples screaming at me with their eyes cuz i'm in love with way a womon is
One time a man said to my friend, he stood next to her and said,
"I love you
cuz you Blk and you my sistah, but I think all faggots and dykes
should die."
One time a "friend" said to my sister in the presence of enemies,
"You're not natural"
and then wanted to know
why she felt
unsafe
I want to know does anyone fully comprehend this tapestry
does anyone know how to sew all this together without mixing
histories or
trading truth for slogans.
We are not all hanging from trees
standing in welfare lines neck deep in sand getting our heads kicked off into the sunset
(these things are being done as we speak) We are not all getting beat down at Stonewall We are not all being dragged from our homes by our hair being raped by husbands or friends or lovers
We are not all dying the same way. But we are all fighting to breathe
fighting to breathe
****
I, an old white man who spend his 1960s drug-drenched be-bop nights summers of love chasing women (young girls really, as I was a young boy) and running away from my old working-class Olde Saco, Maine oceanside white bread roots, am probably separated by entire gulfs of time, of age, of politics, of mean streets, hell, of opposite sexual preference, and who knows, loves, hates, desires, and foods liked, but know this, my new-found young mixed and matched -up woman friend was right. Letta Neely is a sistah.
FOCUS: Julian Assange | Edward Snowden's Ordeal Is Just Beginning
Julian Assange at Ecuador's UK embassy. (photo: unknown)
Julian Assange, WikiLeaks
Assange writes: "It has now been a year since I entered this embassy and sought refuge from persecution. As a result of that decision, I have been able to work in relative safety from a US espionage investigation."

Edward Snowden's Ordeal Is Just Beginning


By Julian Assange, WikiLeaks

23 June 13



http://readersupportednews.org/images/stories/alphabet/rsn-I.jpgt has now been a year since I entered this embassy and sought refuge from persecution.

As a result of that decision, I have been able to work in relative safety from a US espionage investigation.

But today, Edward Snowden’s ordeal is just beginning.

Two dangerous runaway processes have taken root in the last decade, with fatal consequences for democracy.

Government secrecy has been expanding on a terrific scale.

Simultaneously, human privacy has been secretly eradicated.

A few weeks ago, Edward Snowden blew the whistle on an ongoing program - involving the Obama administration, the intelligence community and the internet services giants - to spy on everyone in the world.

As if by clockwork, he has been charged with espionage by the Obama administration.

The US government is spying on each and every one of us, but it is Edward Snowden who is charged with espionage for tipping us off.

It is getting to the point where the mark of international distinction and service to humanity is no longer the Nobel Peace Prize, but an espionage indictment from the US Department of Justice.

Edward Snowden is the eighth leaker to be charged with espionage under this president.

Bradley Manning’s show trial enters its fourth week on Monday.

After a litany of wrongs done to him, the US government is trying to convict him of "aiding the enemy."

The word "traitor" has been thrown around a lot in recent days.

But who is really the traitor here?

Who was it who promised a generation "hope" and "change," only to betray those promises with dismal misery and stagnation?

Who took an oath to defend the US constitution, only to feed the invisible beast of secret law devouring it alive from the inside out?

Who is it that promised to preside over The Most Transparent Administration in history, only to crush whistleblower after whistleblower with the boot heel of espionage charges?

Who combined in his executive the powers of judge, jury and executioner, and claimed the jurisdiction of the entire earth on which to exercise those powers?

Who arrogates the power to spy on the entire earth - every single one of us - and when he is caught red handed, explains to us that "we’re going to have to make a choice."

Who is that person?

Let’s be very careful about who we call "traitor".

Edward Snowden is one of us.

Bradley Manning is one of us.

They are young, technically minded people from the generation that Barack Obama betrayed.

They are the generation that grew up on the internet, and were shaped by it.

The US government is always going to need intelligence analysts and systems administrators, and they are going to have to hire them from this generation and the ones that follow it.

One day, their generation will run the NSA, the CIA and the FBI.

This isn’t a phenomenon that is going away.

This is inevitable.

And by trying to crush these young whistleblowers with espionage charges, the US government is taking on a generation, and that is a battle it is going to lose.

This isn’t how to fix things.

The only way to fix things is this:

Change the policies.

Stop spying on the world.

Eradicate secret law.

Cease indefinite detention without trial.

Stop assassinating people.

Stop invading other countries and sending young Americans off to kill and be killed.

Stop the occupations, and discontinue the secret wars.

Stop eating the young: Edward Snowden, Barrett Brown, Jeremy Hammond, Aaron Swartz, Gottfrid Svartholm, Jacob Appelbaum, and Bradley Manning.

The charging of Edward Snowden is intended to intimidate any country that might be considering standing up for his rights.

That tactic must not be allowed to work.

The effort to find asylum for Edward Snowden must be intensified.

What brave country will stand up for him, and recognize his service to humanity?

Tell your governments to step forward.

Step forward and stand with Snowden.


--

Wednesday, August 07, 2013

From The Marxist Archives-Imperialism and World Economy

Workers Vanguard No. 911
28 March 2008
TROTSKY
LENIN
Imperialism and World Economy
(Quote of the Week)
By the end of the 19th century, the world capitalist economy was dominated by the monopolies, trusts and cartels of the great powers in North America, West Europe and Japan. Twice in the 20th century—in World War I and II—the imperialists waged war against each other for the redivision of markets and spheres of exploitation. It was in the context of the First World War that the 1917 Bolshevik Revolution took place, the greatest historic victory for the international proletariat. Only the working class has the social power to sweep away the capitalist order through socialist revolution and lay the basis for an internationally planned and collectivized economy, the essential precondition for human emancipation from imperialist subjugation and war. In his work Imperialism and World Economy, written in 1915 and published two years later, then-leading Bolshevik Nikolai Bukharin outlined imperialism’s development.
The development of the productive forces of world capitalism has made gigantic strides in the last decades. The upper hand in the competitive struggle has everywhere been gained by large-scale production; it has consolidated the “magnates of capital” into an ironclad organisation, which has taken possession of the entire economic life. State power has become the domain of a financial oligarchy; the latter manages production which is tied up by the banks into one knot. This process of the organisation of production has proceeded from below; it has fortified itself within the framework of modern states, which have become an exact expression of the interests of finance capital. Every one of the capitalistically advanced “national economies” has turned into some kind of a “national” trust. This process of the organisation of the economically advanced sections of world economy, on the other hand, has been accompanied by an extraordinary sharpening of their mutual competition. The overproduction of commodities, which is connected with the growth of large enterprises; the export policy of the cartels, and the narrowing of the sales markets in connection with the colonial and tariff policy of the capitalist powers; the growing disproportion between tremendously developed industry and backward agriculture; the gigantic growth of capital export and the economic subjugation of entire regions by “national” banking combines—all this has thrown into the sharpest possible relief the clash of interests between the “national” groups of capital. Those groups find their final argument in the force and power of the state organisation, first of all in its army and navy. A mighty state military power is the last trump in the struggle of the powers. The fighting force in the world market thus depends upon the power and consolidation of the “nation,” upon its financial and military resources. A self-sufficient national state, and an economic unit limitlessly expending its great power until it becomes a world kingdom—a world-wide empire—such is the ideal built up by finance capital.
—Nikolai Bukharin, Imperialism and World Economy (1917)

***********

Vladimir Ilyich Lenin

Imperialism, the Highest Stage of Capitalism

A POPULAR OUTLINE


I. CONCENTRATION OF PRODUCTION AND MONOPOLIES

The enormous growth of industry and the remarkably rapid concentration of production in ever-larger enterprises are one of the most characteristic features of capitalism. Modern production censuses give most complete and most exact data on this process.
In Germany, for example, out of every 1,000 industrial enterprises, large enterprises, i.e., those employing more than 50 workers, numbered three in 1882, six in 1895 and nine in 1907; and out of every 100 workers employed, this group of enterprises employed. 22, 30 and 37, respectively. Concentration of production, however, is much more intense than the concentration of workers, since labour in the large enterprises is much more productive. This is shown by the figures on steam-engines and electric motors. If we take what in Germany is called industry in the broad sense of the term, that is, including commerce, transport, etc., we get the following picture. Large-scale enterprises, 30,588 out of a total of 3,265,623, that is to say, 0.9 per cent. These enterprises employ 5,700,000 workers out of a total of 14,400,000, i.e., 39.4 per cent; they use 6,600,000 steam horse power out of a total of 8,800,000, i.e., 75.3 per cent, and 1,200,000 kilowatts of electricity out of a total of 1,500,000, i.e., 77.2 per cent.
Less than one-hundredth of the total number of enterprises utilise more than three-fourths of the total amount of steam and electric power! Two million nine hundred and seventy thousand small enterprises (employing up to five workers), constituting 91 per cent of the total, utilise only 7 per cent of the total amount of steam and electric power! Tens of thousands of huge enterprises are everything; millions of small ones are nothing.
In 1907, there were in Germany 586 establishments employing one thousand and more workers, nearly one-tenth (1,380,000) of the total number of workers employed in industry, and they consumed almost one-third (32 per cent) of the total amount of steam and electric power.[1]As we shall see, money capital and the banks make this superiority of a handful of the largest enterprises still more overwhelming, in the most literal sense of the word, i.e., millions of small, medium and even some big “proprietors” are in fact in complete subjection to some hundreds of millionaire financiers.
In another advanced country of modern capitalism, the United States of America, the growth of the concentration of production is still greater. Here statistics single out industry in the narrow sense of the word and classify enterprises according to the value of their annual output. In 1904 large-scale enterprises with an output valued at one million dollars and over, numbered 1,900 (out of 216,180, i.e., 0.9 per cent). These employed 1,400,000 workers (out of 5,500,000, i.e., 25.6 per cent) and the value of their output amounted to $5,600,000,000 (out of $14,800,000,000, i.e., 38 per cent). Five years later, in 1909, the corresponding figures were: 3,060 enterprises (out of 268,491, i.e., 1.1 per cent) employing 2,000,000 workers (out of 6,600,000, i.e., 30.5 per cent) with an output valued at $9,000,000,000 (out of $20,700,000,000, i.e., 43.8 per cent). [2]
Almost half the total production of all the enterprises of the country was carried on by one-hundredth part of these enterprises! These 3,000 giant enterprises embrace 258 branches of industry. From this it can be seen that at a certain stage of its development concentration itself, as it were, leads straight to monopoly, for a score or so of giant enterprises can easily arrive at an agreement, and on the other hand, the hindrance to competition, the tendency towards monopoly, arises from the huge size of the enterprises. This transformation of competition into monopoly is one of the most important—if not the most important—phenomena of modern capitalist economy, and we must deal with it in greater detail. But first we must clear up one possible misunderstanding.
American statistics speak of 3,000 giant enterprises in 250 branches of industry, as if there were only a dozen enterprises of the largest scale for each branch of industry.
But this is not the case. Not in every branch of industry are there large-scale enterprises; and moreover, a very important feature of capitalism in its highest stage of development is so-called combination of production, that is to say, the grouping in a single enterprise of different branches of industry, which either represent the consecutive stages in the processing of raw materials (for example, the smelting of iron ore into pig-iron, the conversion of pig-iron into steel, and then, perhaps, the manufacture of steel goods)—or are auxiliary to one another (for example, the utilisation of scrap, or of by-products, the manufacture of packing materials, etc.).
“Combination,” writes Hilferding, “levels out the fluctuations of trade and therefore assures to the combined enterprises a more stable rate of profit. Secondly, combination has the effect of eliminating trade. Thirdly, it has the effect of rendering possible technical improvements, and, consequently, the acquisition of superprofits over and above those obtained by the ‘pure’ (i.e,, non-combined) enterprises. Fourthly, it strengthens the position of the combined enterprises relative to the ‘pure’ enterprises, strengthens them in the competitive struggle in periods of serious depression, when the fall in prices of raw materials does not keep pace with the fall in prices of manufactured goods.”[3]
The German bourgeois economist, Heymann, who has written a book especially on “mixed”, that is, combined, enterprises in the German iron industry, says: “Pure enterprises perish, they are crushed between the high price of raw material and the low price of the finished product.” Thus we get the following picture: “There remain, on the one hand, the big coal companies, producing millions of tons yearly, strongly organised in their coal syndicate, and on the other, the big steel plants, closely allied to the coal mines, having their own steel syndicate. These giant enterprises, producing 400,000 tons of steel per annum, with a tremendous output of ore and coal and producing finished steel goods, employing 10,000 workers quartered in company houses, and sometimes owning their own railways and ports, are the typical representatives of the German iron and steel industry. And concentration goes on further and further. Individual enterprises are becoming larger and larger. An ever-increasing number of enterprises in one, or in several different industries, join together in giant enterprises, backed up and directed by half a dozen big Berlin banks. In relation to the German mining industry, the truth of the teachings of Karl Marx on concentration is definitely proved; true, this applies to a country where industry is protected by tariffs and freight rates. The German mining industry is ripe for expropriation.”[4]
Such is the conclusion which a bourgeois economist who, by way of exception, is conscientious, had to arrive at. It must be noted that he seems to place Germany in a special category because her industries are protected by higher tariffs. But this is a circumstance which only accelerates concentration and the formation of monopolist manufacturers’ associations, cartels, syndicates, etc. It is extremely important to note that in free-trade Britain, concentration also leads to monopoly, although somewhat later and perhaps in another form. Professor Hermann Levy, in his special work of research entitled Monopolies, Cartels and Trusts, based on data on British economic development, writes as follows:
“In Great Britain it is the size of the enterprise and its high technical level which harbour a monopolist tendency. This, for one thing, is due to the great investment of capital per enterprise, which gives rise to increasing demands for new capital for the new enterprises and thereby renders their launching more difficult. Moreover (and this seems to us to be the more important point), every new enterprise that wants to keep pace with the gigantic enterprises that have been formed by concentration would here produce such an enormous quantity of surplus goods that it could dispose of them only by being able to sell them profitably as a result of an enormous increase in demand; otherwise, this surplus would force prices down to a level that would be unprofitable both for the new enterprise and for the monopoly combines.” Britain differs from other countries where protective tariffs facilitate the formation of cartels in that monopolist manufacturers’ associations, cartels and trusts arise in the majority of cases only when the number of the chief competing enterprises has been reduced to “a couple of dozen or so”. “Here the influence of concentration on the formation of large industrial monopolies in a whole sphere of industry stands out with crystal clarity.”[5]
Half a century ago, when Marx was writing Capital, free competition appeared to the overwhelming majority of economists to be a “natural law”. Official science tried, by a conspiracy of silence, to kill the works of Marx, who by a theoretical and historical analysis of capitalism had proved that free competition gives rise to the concentration of production, which, in turn, at a certain stage of development, leads to monopoly. Today, monopoly has become a fact. Economists are writing mountains of books in which they describe the diverse manifestations of monopoly, and continue to declare in chorus that “Marxism is refuted”. But facts are stubborn things, as the English proverb says, and they have to be reckoned with, whether we like it or not. The facts show that differences between capitalist countries, e.g., in the matter of protection or free trade, only give rise to insignificant variations in the form of monopolies or in the moment of their appearance; and that the rise of monopolies, as the result of the concentration of production, is a general and fundamental law of the present stage of development of capitalism.
For Europe, the time when the new capitalism definitely superseded the old can be established with fair precision; it was the beginning of the twentieth century. In one of the latest compilations on the history of the “formation of monopolies”, we read:
“Isolated examples of capitalist monopoly could be cited from the period preceding 1860; in these could be discerned the embryo of the forms that are so common today; but all this undoubtedly represents the prehistory of the cartels. The real beginning of modern monopoly goes back, at the earliest, to the sixties. The first important period of development of monopoly commenced with the international industrial depression of the seventies and lasted until the beginning of the nineties.” “If we examine the question on a European scale, we will find that the development of free competition reached its apex in the sixties and seventies. It was then that Britain completed the construction of her old-style capitalist organisation. In Germany, this organisation had entered into a fierce struggle with handicraft and domestic industry, and had begun to create for itself its own forms of existence.”
“The great revolution commenced with the crash of 1873, or rather, the depression which followed it and which, with hardly discernible interruptions in the early eighties, and the unusually violent, but short-lived boom round about 1889, marks twenty-two years of European economic history ... .. During the short boom of 1889-90, the system of cartels was widely resorted to in order to take advantage of favourable business conditions. An ill-considered policy drove prices up still more rapidly and still higher than would have been the case if there had been no cartels. and nearly all these cartels perished ingloriously in the smash. Another five-year period of bad trade and low prices followed, but a new spirit reigned in industry; the depression was no longer regarded as something to be taken for granted: it was regarded as nothing more than a pause before another boom.
“The cartel movement entered its second epoch: instead of being a transitory phenomenon, the cartels have become one of the foundations of economic life. They are winning one field of industry after another, primarily, the raw materials industry. At the beginning of the nineties the cartel system had already acquired-in the organisation of the coke syndicate on the model of which the coal syndicate was later formed—a cartel technique which has hardly been improved on. For the first time the great boom at the close of the nineteenth century and the crisis of 1900-03 occurred entirely—in the mining and iron industries at least—under the aegis of the cartels. And while at that time it appeared to be something novel, now the general public takes it for granted that large spheres of economic life have been, as a general rule, removed from the realm of free competition.”[6]
Thus, the principal stages in the history of monopolies are the following: (1) 1860-70, the highest stage, the apex of development of free competition; monopoly is in the barely discernible, embryonic stage. (2) After the crisis of 1873, a lengthy period of development of cartels; but they are still the exception. They are not yet durable. They are still a transitory phenomenon. (3) The boom at the end of the nineteenth century and the crisis of 1900-03. Cartels become one of the foundations of the whole of economic life. Capitalism has been transformed into imperialism.
Cartels come to an agreement on the terms of sale, dates of payment, etc. They divide the markets among themselves. They fix the quantity of goods to be produced. They fix prices. They divide the profits among the various enterprises, etc.
The number of cartels in Germany was estimated at about 250 in 1896 and at 385 in 1905, with about 12,000 firms participating.[7]But it is generally recognised that these figures are underestimations. From the statistics of German industry for 1907 we quoted above, it is evident that even these 12,000 very big enterprises probably consume more than half the steam and electric power used in the country. In the United States of America, the number of trusts in 1900 was estimated at 185 and in 1907, 250. American statistics divide all industrial enterprises into those belonging to individuals, to private firms or to corporations. The latter in 1904 comprised 23.6 per cent, and in 1909, 25.9 per cent, i.e., more than one-fourth of the total industrial enterprises in the country. These employed in 1904, 70.6 per cent, and in 1909, 75.6 per cent, i.e., more than three-fourths of the total wage-earners. Their output at these two dates was valued at $10,900,000,000 and $16,300,000,000, i.e., 73.7 per cent and 79.0 per cent of the total, respectively.
At times cartels and trusts concentrate in their hands seven- or eight-tenths of the total output of a given branch of industry. The Rhine-Westphalian Coal Syndicate, at its foundation in 1893, concentrated 86.7 per cent of the total coal output of the area, and in 1910 it already concentrated 95.4 per cent.[8]The monopoly so created assures enormous profits, and leads to the formation of technical production units of formidable magnitude. The famous Standard Oil Company in the United States was founded in 1900: “It has an authorised capital of $150,000,000. It issued $100,000,000 common and $106,000,000 preferred stock. From 1900 to 1907 the following dividends were paid on the latter: 48, 48, 45, 44, 36, 40, 40, 40 per cent in the respective years, i.e., in all, $367,000,000. From 1882 to 1907, out of total net profits amounting to $889,000,000, $606,000,000 were distributed in dividends, and the rest went to reserve capital.[9]“In 1907 the various works of the United States Steel Corporation employed no less than 210,180 people. The largest enterprise in the German mining industry, Gelsenkirchener Bergwerksgesellschaft, in 1908 had a staff of 46,048 workers and office employees.”[10]In 1902, the United States Steel Corporation already produced 9,000,000 tons of steel.[11] Its output constituted in 1901, 66.3 per cent, and in 1908, 56.1 per cent of the total output of steel in the United States.[12]The output of ore was 43.9 per cent and 46.3 per cent, respectively.
The report of the American Government Commission on Trusts states: “Their superiority over competitors is due to the magnitude of their enterprises and their excellent technical equipment. Since its inception, the Tobacco Trust has devoted all its efforts to the universal substitution of mechanical for manual labour. With this end in view it has bought up all patents that have anything to do with the manufacture of tobacco and has spent enormous sums for this purpose. Many of these patents at first proved to be of no use, and had to be modified by the engineers employed by the trust. At the end of 1906, two subsidiary companies were formed solely to acquire patents. With the same object in view, the trust has built its own foundries, machine shops and repair shops. One of these establishments, that in Brooklyn, employs on the average 300 workers; here experiments are carried out on inventions concerning the manufacture of cigarettes, cheroots, snuff, tinfoil for packing, boxes, etc. Here, also, inventions are perfected.”[13]“Other trusts also employ what are called development engineers whose business it is to devise new methods of production and to test technical improvements. The United States Steel Corporation grants big bonuses to its workers and engineers for all inventions that raise technical efficiency, or reduce cost of production.”[14]
In German large-scale industry, e.g., in the chemical industry, which has developed so enormously during these last few decades, the promotion of technical improvement is organised in the same way. By 1908 the process of concentration of production had already given rise to two main “groups” which, in their way, were also in the nature of monopolies. At first these groups constituted “dual alliances” of two pairs of big factories, each having a capital of from twenty to twenty-one million marks-on the one hand, the former Meister Factory in Hochst and the Casella Factory in Frankfurt am Main; and on the other hand, the aniline and soda factory at Ludwigshafen and the former Bayer Factory at Elberfeld. Then, in 1905, one of these groups, and in 1908 the other group, each concluded an agreement with yet another big factory. The result was the formation of two “triple alliances”, each with a capital of from forty to fifty million marks. And these “alliances” have already begun to “approach” each other, to reach “an understanding” about prices, etc.[15]
Competition becomes transformed into monopoly. The result is immense progress in the socialisation of production. In particular, the process of technical invention and improvement becomes socialised.
This is something quite different from the old free competition between manufacturers, scattered and out of touch with one another, and producing for an unknown market. Concentration has reached the point at which it is possible to make an approximate estimate of all sources of raw materials (for example, the iron ore deposits) of a country and even, as we shall see, of several countries, or of the whole world. Not only are such estimates made, but these sources are captured by gigantic monopolist associations. An approximate estimate of the capacity of markets is also made, and the associations “divide” them up amongst themselves by agreement. Skilled labour is monopolised, the best engineers are engaged; the means of transport are captured—railways in America, shipping companies in Europe and America. Capitalism in its imperialist stage leads directly to the most comprehensive socialisation of production; it, so to speak, drags the capitalists, against their will and consciousness, into some sort of a new social order, a transitional one from complete free competition to complete socialisation.
Production becomes social, but appropriation remains private. The social means of production remain the private property of a few. The general framework of formally recognised free competition remains, and the yoke of a few monopolists on the rest of the population becomes a hundred times heavier, more burdensome and intolerable.
The German economist, Kestner, has written a book especially devoted to “the struggle between the cartels and outsiders”, i.e., the capitalists outside the cartels. He entitled his work Compulsory Organisation, although, in order to present capitalism in its true light, he should, of course, have written about compulsory submission to monopolist associations. It is instructive to glance at least at the list of the methods the monopolist associations resort to in the present-day, the latest, the civilised struggle for “organisation”: (1) stopping supplies of raw materials ... “one of the most important methods of compelling adherence to the cartel”); (2) stopping the supply of labour by means of “alliances” (i.e., of agreements between the capitalists and the trade unions by which the latter permit their members to work only in cartelised enterprises); (3) stopping deliveries; (4) closing trade outlets; (5) agreements with the buyers, by which the latter undertake to trade only with the cartels; (6) systematic price cutting (to ruin “outside” firms, i.e., those which refuse to submit to the monopolists. Millions are spent in order to sell goods for a certain time below their cost price; there were instances when the price of petrol was thus reduced from 40 to 22 marks, i.e., almost by half!); (7) stopping credits; (8) boycott.
Here we no longer have competition between small and large, between technically developed and backward enterprises. We see here the monopolists throttling those who do not submit to them, to their yoke, to their dictation. This is how this process is reflected in the mind of a bourgeois economist:
“Even in the purely economic sphere,” writes Kestner, “a certain change is taking place from commercial activity in the old sense of the word towards organisational-speculative activity. The greatest success no longer goes to the merchant whose technical and commercial experience enables him best of all to estimate the needs of the buyer, and who is able to discover and, so to speak, ‘awaken’ a latent demand; it goes to the speculative genius [?!] who knows how to estimate, or even only to sense in advance, the organisational development and the possibilities of certain connections between individual enterprises and the banks. . . .”
Translated into ordinary human language this means that the development of capitalism has arrived at a stage when, although commodity production still “reigns” and continues to be regarded as the basis of economic life, it has in reality been undermined and the bulk of the profits go to the “geniuses” of financial manipulation. At the basis of these manipulations and swindles lies socialised production; but the immense progress of mankind, which achieved this socialisation, goes to benefit . . . the speculators. We shall see later how “on these grounds” reactionary, petty-bourgeois critics of capitalist imperialism dream of going back to “free”, “peaceful”, and “honest” competition.
“The prolonged raising of prices which results from the formation of cartels,” says Kestner, “has hitherto been observed only in respect of the most important means of production, particularly coal, iron and potassium, but never in respect of manufactured goods. Similarly, the increase in profits resulting from this raising of prices has been limited only to the industries which produce means of production. To this observation we must add that the industries which process raw materials (and not semi-manufactures) not only secure advantages from the cartel formation in the shape of high profits, to the detriment of the finished goods industry, but have also secured a dominating position over the latter, which did not exist under free competition.”[16]
The words which I have italicised reveal the essence of the case which the bourgeois economists admit so reluctantly and so rarely, and which the present-day defenders of opportunism, led by Kautsky, so zealously try to evade and brush aside. Domination, and the violence that is associated with it, such are the relationships that are typical of the “latest phase of capitalist development”; this is what inevitably had to result, and has resulted, from the formation of all-powerful economic monopolies.
I shall give one more example of the methods employed by the cartels. Where it is possible to capture all or the chief sources of raw materials, the rise of cartels and formation of monopolies is particularly easy. It would be wrong, however, to assume that monopolies do not arise in other industries in which it is impossible to corner the sources of raw materials. The cement industry, for instance, can find its raw materials everywhere. Yet in Germany this industry too is strongly cartelised. The cement manufacturers have formed regional syndicates: South German, Rhine-Westplialian, etc. The prices fixed are monopoly prices: 230 to 280 marks a car-load, when the cost price is 180 marks! The enterprises pay a dividend of from 12 to 16 per cent—and it must not be forgotten that the “geniuses” of modern speculation know how to pocket big profits besides what they draw in dividends. In order to prevent competition in such a profitable industry, the monopolists even resort to various stratagems: they spread false rumours about the bad situation in their industry; anonymous warnings are published in the newspapers, like the following: “Capitalists, don’t invest your capital in the cement industry!”; lastly, they buy up “outsiders” (those outside the syndicates) and pay them compensation of 60,000, 80,000 and even 150,000 marks.[17]Monopoly hews a path for itself everywhere without scruple as to the means, from paying a “modest” sum to buy off competitors, to the American device of employing dynamite against them.
The statement that cartels can abolish crises is a fable spread by bourgeois economists who at all costs desire to place capitalism in a favourable light. On the contrary, the monopoly created in certain branches of industry increases and intensifies the anarchy inherent in capitalist production as a whole. The disparity between the development of agriculture and that of industry, which is characteristic of capitalism in general, is increased. The privileged position of the most highly cartelised, so-called heavy industry, especially coal and iron, causes “a still greater lack of co-ordination” in other branches of industry—as Jeidels, the author of one of the best works on “the relationship of the German big banks to industry”,admits.[18]
“The more developed an economic system is,” writes Liefmann, an unblushing apologist of capitalism, “the more it resorts to risky enterprises, or enterprises in other countries, to those which need a great deal of time to develop, or finally, to those which are only of local importance.”[19]The increased risk is connected in the long run with a prodigious increase of capital, which, as it were, overflows the brim, flows abroad, etc. At the same time the extremely rapid rate of technical progress gives rise to increasing elements of disparity between the various spheres of national economy, to anarchy and crises. Liefmann is obliged to admit that: “In all probability mankind will see further important technical revolutions in the near future which will also affect the organisation of the economic system”... electricity and aviation.... “As a general rule, in such periods of radical economic change, speculation develops on a large scale.”...[20]
Crises of every kind—economic crises most frequently, but not only these—in their turn increase very considerably the tendency towards concentration and towards monopoly. In this connection, the following reflections of Jeidels on the significance of the crisis of 1900, which, as we have already seen, marked the turning-point in the history of modern monopoly, are exceedingly instructive:
“Side by side with the gigantic plants in the basic industries, the crisis of 1900 still found many plants organised on lines that today would be considered obsolete, the ‘pure’ (non-combined) plants, which were brought into being at the height of the industrial boom. The fall in prices and the falling off in demand put these ‘pure’ enterprises in a precarious position, which did not affect the gigantic combined enterprises at all or only affected them for a very short time. As a consequence of this the crisis of 1900 resulted in a far greater concentration of industry than the crisis of 1873: the latter crisis also produced a sort of selection of the best-equipped enterprises, but owing to the level of technical development at that time, this selection could not place the firms which successfully emerged from the crisis in a position of monopoly. Such a durable monopoly exists to a high degree in the gigantic enterprises in the modern iron and steel and electrical industries owing to their very complicated technique, far-reaching organisation and magnitude of capital, and, to a lesser degree, in the engineering industry, certain branches of the metallurgical industry, transport, etc.”[21]
Monopoly! This is the last word in the “latest phase of capitalist development”. But we shall only have a very insufficient, incomplete, and poor notion of the real power and the significance of modern monopolies if we do not take into consideration the part played by the banks.


Notes


[1]Figures taken from Annalen des deutschen Reichs, 1911, Zahn—Lenin
[2]Statistical Abstract of the United States, 1912, p. 202—Lenin
[3]Finance Capital, Russ. ed., pp. 286-87—Lenin
[4]Hans Gideon Heymann, Die gemischten Werke im deutschen Grosseiseugewerbe, Stuttgart, 1904,(S. 256, 278).—Lenin
[5]Hermann Levy, Monopole, Kartelle und Trusts, Jena, 1909, S. 286, 290,—Lenin
[6]Th. Vogelstein, “Die finanzielle Organisation der kapitalistischen Industrie und die Monopolbildungen” in Grundriss der Sozialökonomik, VI. Abt., Tubingen, 1914. Cf., also by the same author: Organisationsformen der Eisenindustrie und Textilindustrie in England und Amerika, Bd. 1, Lpz., 1910.—Lenin
[7]Dr. Riesser, Die deutschen Grossbanken und ihre Konzentration im Zusammenhange mit der Entwicklung der Gesamtwirtschaft in Deutschland, 4. Aufl., 1912, S. 149; Robert Liefmann, Kartelle und Trusts und die Weiterbildung der volkswirtschaftlichen Organisation, 2. Aufl., 1910, S. 25.—Lenin
[8]Dr. Fritz Kestner, Der Organisationszwang. Eine Untersuchung über die Kämpfe zwischen Kartellen und Aussenseitern, Berlin, 1912, S. 11.—Lenin
[9]R. Liefmann, Beteiligungs- und Finanziertingsgesellschaften. Eine Studie über den modernen Kapitalismus und das Effektenwesen, 1. Aufl., Jena, 1909, S. 212.—Lenin
[10]Ibid., S. 218.—Lenin
[11]Dr. S. Tschierschky, Kartell und Trust, Göttingen, 1903, S. 13.—Lenin
[12]Tr. Vogelstein, Organisationsformen, S. 275.—Lenin
[13]Report of the Commissioner of Corporations on the Tobacco Industry, Washington, 1909, p. 266, cited according to Dr. Paul Tafel, Die nordamerikanischen Trusts und ihre Wirkungen auf den Fortschritt der Technik, Stuttgart, 1913, S. 48.—Lenin
[14]Dr. P. Tafel, ibid., S. 49.—Lenin
[15]Riesser, op. cit., third edition, p. 547 et seq. The newspapers (June 1916) report the formation of a new gigantic trust which combines the chemical industry of Germany.—Lenin
[16]Kestner, op.cit., S. 254—Lenin
[17]L. Eschwege, “Zement” in Die Bank, 1909, S. 115 et. seq.—Lenin
[18]Jeidels, Das Verhältnis der deutschen Grossbanken zur Industrie mit besonderer Berüchsichtigung der Eisenindustrie, Leipzig, 1905, S. 271—Lenin
[19]Liefmann, Beteiligungs- und Finanzierungsgesellschaften, S, 434.—Lenin
[20]Ibid, S. 465-66—Lenin
[21]Jeidels, op. cit., S. 108.—Lenin



thanks, Rich A -------- Original Message --------
Brought to you by 9/11.

Kafka's America: Secret Courts, Secret Laws, and Total Surveillance

Ironically, the seeds for this brave new world were planted in an attempt to reform the ludicrous mantra of the Nixon administration that "if the president does it, it's not illegal." In the aftermath of the Watergate incident, the Senate held meetings under the Church Committee in order to determine exactly what sorts of illicit activities the American intelligence apparatus was engaged in under the direction of Nixon, and how future violations of the law could be stopped. The result was the passage of the Foreign Intelligence Surveillance Acts (FISA), and the creation of the FISC, which was supposed to oversee and correct how intelligence information is collated.
Fast forward to the present day, and what we see is that the alleged solution to the problem of government entities engaging in unjustified and illegal surveillance has instead become the main perpetrator of such activities.
When FISA was passed in 1978, it provided for a court of seven federal judges from seven different federal circuits who would serve for seven years. The judges on the FISC are appointed by the Chief Justice of the Supreme Court and may only serve once. The USA PATRIOT Act, however, increased the number of judges to 11, and altered the standards under which the government could engage in surveillance.
Thus, what was ostensibly designed as a mechanism to protect the American people from unwarranted government surveillance became instead a bureaucratic mechanism to rubber stamp government applications for surveillance. Indeed, the Court is structured such that applications for surveillance are rarely ever denied.
If a judge were to reject an application, for example, that judge would have to immediately write a report detailing every reason for the rejection, then transmit the report to a 3-person court of review. If that court finds that the application was properly denied, it must also write a report, which is then subject to a writ of certiorari by the Supreme Court. However, no reviews are necessary if an application is granted. This bias towards approving applications has played out predictably over the history of the court: out of 33,949 total applications, only 11 have been denied. Out of those 11, at least four were granted partial warrants later.
Deference to government requests for surveillance has only been exacerbated since 9/11. Before the PATRIOT Act was passed, collection of foreign intelligence information had to be the sole or primary purpose of the surveillance. However, after the PATRIOT Act, collecting foreign intelligence information merely had to be a "significant"� part of the surveillance. The PATRIOT Act also allowed for a "roving wiretap,"� which meant that government agents no longer had to designate a particular number or line to be bugged. This has led to the government forcing telephone and internet providers -- some willingly and some not so willingly -- to hand over vast troves of information on American communications.
Unnamed officials familiar with the inner workings of the FISC have noted that the Court's mission has vastly expanded in the past few years, from simply granting warrants for surveillance to settling constitutional questions about surveillance in classified decisions, some almost one hundred pages long. For example, the FISC has gone so far as to determine that the Fourth Amendment requirement for a search warrant does not apply when it comes to the NSA collecting and analyzing data of Americans' communications.
In truth, the FISC has basically become a parallel Supreme Court, but one which operates in almost total secrecy.
The runaround and circular logic of the courts, Congress, the intelligence agencies, and the White House calls to mind Franz Kafka's various depictions of bureaucracy gone mad, which have colored our civilization's understanding of the shortcomings of a government which is only accountable to itself.
Josef K's plight in The Trial, one of bureaucratic lunacy and an inability to discover the identity of his accusers, is increasingly an American reality. We now live in a society in which a person can be accused of any number of crimes without knowing what exactly he has done. He might be apprehended in the middle of the night by a roving band of SWAT police. He might find himself on a no-fly list, unable to travel for reasons undisclosed. He might have his phones or internet tapped based upon a secret order handed down by a secret court, with no recourse to discover why he was targeted. Indeed, this is Kafka's nightmare, and it is slowly becoming America's reality.