That expansion of the surveillance state, do you see that as another facet of expanding executive power?
It's an enormous expansion of executive power. I doubt that they can do much with this information that's being stored. I've had plenty of experience with the FBI in simpler years when they didn't have all this stuff. But they had tons of information. They were just drowning in it and didn't know how to use it. It's sort of like walking into the New York Public Library and saying "I want to be a chemist." You've got all the information there, but it's not doing any good.
Might that change with enhanced technology and search capabilities?
There will be new ways of combing through the data electronically to pick up things that look like suspicious connections, almost all of which will mean nothing, but they may find some things. It's kind of like the drone killings. You have what's called "intelligence." Sometimes it means something; other times it means nothing. It also means that if you have suspicions of somebody for some reason, whatever it is, you can go in there and find all sorts of incriminating stuff. It may not be legally incriminating, but it will be used to intimidate people - threatening to publicize things people meant to be private.
Do you think nonviolent, verbal dissent could eventually be criminalized?
It could be criminalized. Anybody who has looked at law enforcement at all knows that one of the techniques is to try to force confession or plea-bargaining by just using material that the person doesn't want publicized. That's very common. You can threaten to expose something even if it didn't happen, or it's just a rumor. That's a powerful weapon to get people to cooperate or submit, and I suspect we're going to see a lot of that. We already do see a lot of it in the criminal courts. Most cases don't come to trial. They're settled. And a lot of them are settled in this way.
There's an alarming quote from Chris Hedges in reference to the NDAA suit. He said, "If we lose [the suit], the power of the military to detain citizens, strip them of due process and hold them indefinitely in military prisons will become a terrifying reality." How much weight does this case hold?
We've already lost that right. If you look at the criminal systems and the truly oppressed populations, like the black male population, for them, due process is sometimes existent, but overwhelmingly they just don't have it. You can't hire a lawyer; you don't get a decent defense and you don't have resources. That's how the prisons are filled.
Do you think the left in general could become another oppressed population in the future?
I don't think there's much of a threat there. I doubt that there'll be anything like what there was in the 60s. We're nowhere near the days of COINTELPRO. That was the FBI, and it was pretty harsh. It went as far as political assassinations. Again, the worst of which was directed towards blacks. It's harder to attack privileged whites.
It's the same with the drug wars. The police can go to downtown Harlem and pick up a kid with a joint in the streets. But they can't go into the elegant apartments and get a stockbroker who's sniffing cocaine.
You can see the same with incarceration rates, which are increasing outrageously. That all started with Reagan. He started a race war. There's a great book by Michelle Alexander,
The New Jim Crow. She points out, and she's quite right, that it's very analogous to what happened after reconstruction when slavery was technically eliminated, but it just turned into criminalization of black life. You ended up with a large part of the black, mostly male population in jail, and they become slave labor. This runs deep in American history. It's not going to be easy to extricate. Privileged whites on the left will never be subject to this, though. They have too much political power.
How do the military-industrial complex and market forces in general perpetuate these systems of injustice?
Very much so. Just look at the incarceration rates now. They're driven by privatized prison systems. The development of the surveillance technology like drones is also highly commercialized by now. The state commercializes a lot of this activity, like the military does. I'm sure there were more contractors in Iraq than soldiers.
Is there any way that political economic reform - like, say, overturning Citizens United - might rein in these industrial complexes?
Well, I don't think Citizens United is likely to be overturned, and it is, of course, a rotten decision, but it does have some justifications. And there are some civil libertarians like Glenn Greenwald who more or less supported it on free speech grounds. I don't agree with it, but I can see the argument.
On the other hand, things like detention without trial, well, that strikes right at the heart of Anglo American law dating back to the 13th century. That's the main part of the Charter of Liberties, the core of the Magna. Now that had a narrow scope; it was mostly limited to free men.
It's interesting to see the way in which due process is being reinterpreted by Obama's Justice Department in regards to the drone killings. Attorney General Eric Holder was asked why the administration was killing people without due process.
Well, there was due process, he said, because they discuss it within the executive branch. King John in the 13th century would have loved that.
In two years, we're going to get to the 800th anniversary of Magna Carta, and it'll be a funeral. Not just this, but every other aspect. Take rendition, for example. One of the provisions of Magna Carta is that you can't send someone across the seas for punishment. Much of the world participates in rendition now.