War on Drugs archives

Death by Homeland Security (#2)

(Via La Chola 2008-03-17.)

Francisco Castaneda, a refugee from the civil war in El Salvador, died on February 16, 2008, from metastatic penile cancer.

He died because he went without getting a biopsy or receiving any medical treatment for about a year after obvious and excruciatingly painful symptoms began to show up. He went without the biopsy and the treatment because the United States government’s immigration Securitate had him locked in a cage at the time, and they repeatedly refused to let him get any treatment.

I came to the United States from El Salvador with my mother and siblings when I was ten years old to escape from the civil war. my family moved to Los Angeles where I went to school and began working at the age of 17. My mother died of cancer when I was pretty young, before she was able to get us all legal immigration status. After my mom died, I looked to my community for support, and found myself wrapped up in drugs instead, which, today, I deeply regret. I worked, doing construction, up until I went to prison on a drug charge, where I spent just four months before I was transferred into ICE detention.

When I entered ICE custody at the San Diego Correctional Facility in March 2006, I immediately told them I had a very painful lesion on my penis. After a day or two, Dr. Walker examined me and recognized that the lesion was a problem. He said he would request that I see a specialist right away.

But instead of sending me directly to a specialist, I was forced to wait, and wait, and wait, and wait. All the while, my pain got worse. It started to bleed even more and smell really bad. I also had discharge coming out of it. Aparrently the Division of Immigration Health Services was deciding whether to grant the request. Dr. Walker submitted the request more than once and, after more than a month, it was finally granted. When I saw an oncologist he told me it might be cancer and I needed a biopsy. He offered to admit me to a hospital immediately for the biopsy, but ICE refused to permit a biopsy and told the oncologist that they wanted to try a more cost-effective treatment.

I was then referred to a urologist, Dr. Masters, but I only got to see that urologist two-and-a-half months later, after I filed sick call requests and grievances with ICE. The urologist said I needed a circumcision to remove the lesion and sop the pain and bleeding, and also said I needed a biopsy to figure out if I had cancer. ICE and the Division of Immigration Health Services never did either of those things. They said that it was elective surgery.

My pain was getting worse by the day. When you are in detention, you can’t help yourself. I knew I had a problem, but with everything you have to ask for help. I tried to get medical help everyday. Sometimes I would show the guards my underwear with blood in it to get them to take me to medical, but then they would say they couldn’t do anything for me. All they gave me was Motrin and other pain pills. At one point, the doctor gave me special permission to have more clean underwear and bedsheets, because I was getting blood on everything. A guard from my unit once told me he would pray for me because he could see how much I was suffering.

Several more requests for a biopsy were denied. They told me in writing that I could get the surgery after I left the facility—when I was deported.

In late November 2006, I was transferred from San Diego to San Pedro Service Processing Center. When I got there I immediately filed sick call slips about my problem. after a few days I saw the doctors. I told them about my pain and showed them the blood in my boxer shorts and asked them to examine my penis. They didn’t even look at it—one of them said I couldn’t be helped because I needed elective surgery. They just gave me more pain pills.

In the middle of December, I noticed a lump in my groin. It hurt a lot and was a little bit smaller than a fist, so I filed a sick call slip about it. Another detainee told me it could be a hernia. I never got any treatment for it, and I later found out that was a tumor, because the cancer had already spread.

In the beginning of January, one of the guards told me I was going to Harbor-UCLA Medical Center. They put me in handcuffs and leg shackles and drove me in a van to the emergency room. When I got there the officer walked all around trying to find someone to see me, but he was told I would have to wait in line like everyone else. After about an hour of following him all chained up, he took me back to San Pedro and I didn’t get to see anyone.

Back when I was in San Diego, another detainee gave me the phone number for the ACLU and said they might be able to help me. I called them, and spoke with Mr. Tom Jawetz, here, and told him my story about how much pain I was in. When I got to San Pedro he sent letters and called the people at the facility to try to help me get medical care. Finally, around the end of January, immigration agreed to let me get a biopsy. They made an appointment with the doctor, but just before the surgery they released me from custody. A doctor actually walked me out of San Pedro and told me I was released because of my serious medical condition and he encouraged me to get medical attention.

The first thing I did was call the doctor to see whether I could still get my biopsy. The secretary told me ICE had cancelled it. I then went back to the emergency room at Harbor-UCLA—the same place they had left me in the waiting room in shackles—and I waited to see a doctor and finally get my biopsy. A few days later, the doctor told me that I ahd cancer and would have to have surgery right away to remove my penis. He said if I didn’t have the surgery I would be dead within one year. On February 14—Valentine’s Day—nine days after ICE released me from custody, I had the surgery to remove my penis. Since then, I have been through five aggressive week-long rounds of chemotherapy. Doctors said my cancer spreads very fast–it had already spread to my lymph nodes and maybe my stomach.

I’m sure you can at least image some of how this feels. I am a 35-year-old man without a penis with my life on the line. I have a young daughter, Vanessa, who is only 14. She is here with me today because she wanted to support me–and because I wanted her to see her father do something for the greater good, so that she will have that memory of me. The thought that her pain–and mine–could have been avoided almost makes this too much to bear.

I had to be here today because I am not the only one who didn’t get the medical care I needed. It was routine for detainees to have to wait weeks or months to get even basic care. Who knows how many tragic endings can be avoided if ICE will only remember that, regardless of why a person is in detention and regardless of where they will end up, they are still human and deserve basic, humane medical care.

In many ways, it’s too late for me. Short of a miracle, the most I can hope for are some good days with Vanessa and justice. My doctors are working on the good days and, thankfully, my attorneys at Public Justice here in Washington, Mr. Conal Doyle in California, and the ACLU are working on the justice–not just for me, but for the many others who are suffering and will never get help unless ICE is forced to make major changes in the medical care provided to immigrant detainees.

I am here to ask each of you, members of Congress, to bring an end to the unnecessary suffering that I, and too many others, have been forced to endure in ICE detention.

Francisco Castaneda (2007-10-04), testifying before the House Immigration Subcommittee Hearing on Detention and Removal: Immigration Detainee Medical Care

This man’s life could have been saved. He wanted to get medical treatment in March 2006. His doctor recommended a biopsy. If he were a free man, he could have gotten this treatment, but as a prisoner of the U.S. government’s Homeland Securitate, he was forced to stay where they wanted him to stay, go where they wanted him to go, and get what they wanted him to get. So he lived with excruciating pain for two years while the cancer grew, spread, and ate him away from the inside. It didn’t matter when he developed a painful lesion; it didn’t matter when he bled everywhere for months; it didn’t even matter when he developed a tumor the size of his fist. What matters to the ICE bordercrats, and their hired thugs, is that this man once possessed a stimulant that the U.S. government didn’t approve of him having, and, to their minds, that’s a good enough reason to grab him at gunpoint, lock him in a cage for months on end, and then exile him from the home he has lived in since he was 10 years old. Or, in this case, to just lock him in the cage and deliberately deny him medical treatment until the imprisonment turns into a slow-motion death sentence for a nonviolent petty drug charge. What, after all, is the life of Francisco Castaneda — who is, after all, only a man, a son, the father of a teenaged girl — compared with the duty to zealously protect the prohibitionist domestic policies of the U.S. federal government, the awful importance of rigorously preserving the sanctity of imaginary lines in the southwestern desert, and the honor of the politico-cultural system of international apartheid, which those lines are drawn to implement?

Federal judge Dean Pregerson just issued a ruling in which he denounced ICE’s actions, or inaction, as conduct that transcends negligence by miles. It bespeaks of conduct that, if true, should be taught to every law student as conduct for which the moniker cruel is inadequate. The primary practical effect of this ruling is that Francisco Casteneda’s family will be able to sue ICE in federal court for his death. They certainly deserve whatever compensation they can get for this horrible crime. But even if they succeed, it must be remembered that the sanctimonious, unaccountable thugs who effectively tortured a peaceful man to death — the immigration cops, the prison guards, and the comfortable bureaucrats, government lawyers, and politicians who direct them in their actions — will never pay a damned cent for what they did. What they will do, if a judgment is entered against them, is to help themselves to tax money in order to make the pay-out, sticking the rest of us—who never had anything to do with their asinine border laws, immigration prisons, or callous indifference to human life—with the bill. Then they will go on doing exactly the same vicious and inhuman things to peaceful people who never did anything to deserve such appalling treatment. And why wouldn’t they? As far as they can see, they have every reason to believe that none of them will ever be held personally accountable for their choices.

Further reading:

Refuge of Oppression #5: Twofer Tuesday edition

Here’s two pieces of correspondence that arrived within three hours of each other, on this past Tuesday. The first comes to us from Stasi [sic!] in reply to GT 2008-01-28: The tall poppies, part 3, my recent article on the spread of opium poppies as a cash crop for impoverished farmers in southern Iraq:

From: stasi
To: Rad Geek
Date: Tue, 12 Feb 2008 1:45 PM
Subject: You Must be High: Tall Poppies, III

How can you even think that raising opium plants is a suitable way of making money to raise your family out of poverty. The only to benefit from drug trade are the high powered, high financed drug cartels.

Additionally, drug use (opium, heroin, etc) has been proven to have detrimental effects on individuals, families, and SOCIETIES. Let’s ALL start raising drug inducing plants to make money.

You MUST be high to think in such terms.

Well, I’m convinced.

Remember, impoverished farmers who grow opium poppies may think that growing a lucrative cash-crop and trading pain-killers to willing customers benefits them more than would starving themselves to grow unprofitable crops that meet the approval of U.S. narcs. But whatever they may think, the Stasi knows that the only people to benefit from the drug trade are high powered, high financed drug cartels. How foolish of Iraqi farmers to think that the ability to provide for your family, rather than starving for the sake of U.S. government narco-diplomacy, would be a benefit worth counting. The Stasi certainly knows what their families want and need better than they do.

Later in the afternoon, I received this from the starr, in reply to one of my posts on the atomic bombing of Hiroshima and Nagasaki, in which over 200,000 Japanese civilians (about a third of the population of Nagasaki, and more than half of the population of Hiroshima) were burned alive, crushed to death, or otherwise killed, in a deliberate use of terror-bombing on heavily-populated city centers intended to force the unconditional surrender of the Japanese government. Apparently my objection to this deliberate act of nuclear terrorism — the first and the only two cases in the history of the world — is the result of historical ignorance.

From: the starr
To: Rad Geek
Date: Tue, 12 Feb 2008, 4:23 PM
Subject: Atomic Bomb

I read your article on the Atomic Bomb, and I must say, you don’t understand World War II at all. The use of the bomb was ABSOLUTELY NECESSARY. The Japanese were a brutal and evil empire and it had to be stopped. They slaughtered countless innocent people, not to mention Pearl Harbor. We urged them to surrender, but they wouldn’t. And they wouldn’t stop killing. The war would have continued for who knows how long and thousands upon thousands of more people would have died. The bomb was our only choice. You said that it killed thousands of innocent people. That’s true. But were the Japanese not doing the same? Did they not slaughter thousands of innocent people by invading other countries, including the completely un-called for attack on Pearl Harbor? There is no morality in warfare. It is foolish to try and equate them. You may want to do a little more research before you criticize the government’s carefully calculated decision.

If only I had understood World War II better before I wrote that post. I would have seen that, even though the Japanese military had already long been stopped from any further expansion, and indeed broken, long before August 1945, absolute geopolitical triumph over the Japanese government, and the territorial conquest of Japan, was far more important than the irreplaceable lives of 200,000 or more innocent non-combatants. Indeed, it was important enough to justify or excuse deliberately targeting those 200,000 or more innocent non-combatants in order to force somebody else (the dictatorial clique tyrannizing Japan) to make the necessary political concessions. And little did I know that the Japanese were all invading other countries and killing thousands of innocent people and refusing to surrender. I had foolishly thought that it was a small and unaccountable minority of the population of Japan who were extorting and tyrannizing the rest through the armed power of a military dictatorship. But since more research would have revealed that those 200,000 dead civilians in Hiroshima and Nagasaki (not to mention the hundreds of thousands of dead civilians from the over 100 Japanese cities that the U.S. Army attacked with low-altitude firebombing and conventional high explosives) weren’t actually non-combatants after all, but were all running around with The Japanese as a whole, invading other countries and killing thousands of innocent people, well, I guess that’s that.

Normally, I would also have thought that if you have a true statement of the form There’s no morality in that, that’s as good a reason as you could possibly find to draw the conclusion that you have an unconditional moral obligation to forswear ever engaging in that. This is another sure sign of my folly, ignorance or vice. One man’s reductio and all that; no doubt had I carefully calculated like the Masters of War in the U.S. government, when the antecedent of that is War, it would become clear that what you actually have is a military obligation to sometimes forswear engaging in morality.

My bad.

Further reading:

Women and the Drug War

In These Times has a fantastic article about the effect of the “war on drugs” on women. The article is especially good about explaining how a variety of social justice issues converge in the female prison population — it’s about legal justice, reproductive justice, economic justice and racial justice. For example:

One such woman, Danielle Pascu, 29, got hooked on prescription drugs after the birth of her daughter. At first she was grateful for the prescribed Vicodin that got her though the lingering pain from a caesarean section and untreated postpartum depression.

But it didn’t take Pascu long to develop a full-blown habit, where she was eventually falsifying her prescriptions in order to get more. Pascu had no criminal record, had never used drugs before and was generally unaware of the risks involved. These days, Pascu is serving nearly three years in the sun-baked and dilapidated Arizona State Prison Complex in Perryville.

At this point, drug violations and property offenses account for a majority (59 percent) of females in state prison. By comparison, men in both of these offense categories add up to just 39.5 percent. Meanwhile, in federal prison, women and men convicted of drug offenses constitute nearly 60 percent of inmates.

Tina Thomas knows that she has a quadruple strike to overcome. She’s a black female with a former cocaine addiction, in a state that prefers to lock people up for substance abuse and that will deprive her of public assistance when she gets out. She now faces a lifetime ban on federal benefits, including contracts, licenses and grants.

As a drug offender, Thomas won’t be able to get Temporary Assistance for Needy Families (TANF) if she should ever need it. Food assistance, higher-education funding and even income tax deductions for pursuing a college degree are all yanked away from most felony drug offenders.

Yet nearly every other category of ex-offender—including sex offenders, murderers, arsonists and perpetrators of domestic violence—is eligible for these benefits. And, as if all this isn’t bad enough, Thomas will find that even getting a job will be difficult, because she must report herself as an ex-felon.

(more…)

Meanwhile, in Minarchistan…

Steven Rhett gets pinched by the border cops at San Ysidro while he’s trying to peaceably move some marijuana across an imaginary line for some willing customers in the United States. Dale Franks, a California limited-governmentalist blogger who opposes drug prohibition, gets to sit in as Juror #1. If Dale Franks doesn’t vote to convict, the jury will hang and Steven Rhett will be able to go on living his life. After a short chat about the facts of the case, Dale Franks does his civic duty by voting to convict Steven Rhett on all charges, because that’s what The Law says. Back at QandO, Dale Franks blogs about his interesting experience. Meanwhile, Steven Rhett will be having an interesting experience in federal prison for the next ten years of his life.

Down in the comments, several anarchists ask Franks how he justifies directly collaborating in ruining a harmless man and robbing him of ten years of his life, when Franks himself doesn’t believe that anything Rhett did should be treated as a crime. Franks answers their objections decisively by getting into an argument with another limited governmentalist over whether or not the Constitution says it’s O.K., and what the word regulate meant in the 1780s.

If this is how the trains run around here, I’ll pass. I’m not interested in Dale Franks’s kind of railroading.

The tall poppies, part 3: prosperity threatens to spread into southern Iraq

Third verse, same as the first.

Let’s say that you are trying to rebuild a once-prosperous country racked by years of tyranny, desperate poverty and near-constant violence. Corruption, terrorism, and warlordism are daily sources of terror. Most of the country is completely dependent on foreign aid. Grinding poverty is the norm all throughout the countryside, and farmers cannot support themselves on their usual crops. But there is one glimmer of hope: lucrative new opportunities to grow a traditional cash crop, which promises to lift many small farmers, currently on the edge of penury or starvation, into a much more comfortable standard of living. How should you react?

Well, according to the United States government, the best thing to do is to portray this lucrative cash crop as a fundamental menace to civil society, to shoot the farmers who grow it, and to poison or burn the fields they grow it in. We know this because they already did it in Afghanistan, in spite of the obviously hurtful consequences for Afghan farmers. Meanwhile, in southern Iraq, the same thing is likely to happen again soon:

The cultivation of opium poppies whose product is turned into heroin is spreading rapidly across Iraq as farmers find they can no longer make a living through growing traditional crops.

Afghan with experience in planting poppies have been helping farmers switch to producing opium in fertile parts of Diyala province, once famous for its oranges and pomegranates, north-east of Baghdad.

At a heavily guarded farm near the town of Buhriz, south of the provincial capital Baquba, poppies are grown between the orange trees in order to hide them, according to a local source.

The shift by Iraqi farmers to producing opium is a very recent development. The first poppy fields, funded by drug smugglers who previously supplied Saudi Arabia and the Gulf with heroin from Afghanistan, were close to the city of Diwaniyah in southern Iraq. The growing of poppies has now spread to Diyala, which is one of the places in Iraq where al-Qa’ida is still resisting US and Iraqi government forces. It is also deeply divided between Sunni, Shia and Kurd and the extreme violence means that local security men have little time to deal with the drugs trade. The speed with which farmers are turning to poppies is confirmed by the Iraqi news agency al-Malaf Press, which says that opium is now being produced around the towns of Khalis, Sa’adiya, Dain’ya and south of Baladruz, pointing out that these are all areas where al-Qa’ida is strong.

The agency cites a local agricultural engineer identified as M S al-Azawi as saying that local farmers got no support from the government and could not compete with cheap imports of fruit and vegetables. The price of fertilizer and fuel has also risen sharply. Mr Azawi says: The cultivation of opium is the likely solution [to these problems].

Initial planting in fertile land west and south of Diwaniya around the towns of Ash Shamiyah, al-Ghammas and Shinafiyah were said to have faced problems because of the extreme heat and humidity. Al-Malaf Press says that it has learnt that the experiments with opium poppy-growing in Diyala have been successful.

Although opium has not been grown in many of these areas in Iraq in recent history, some of the earliest written references to opium come from ancient Iraq.

It was known to the ancient Sumerians as early as 3400BC as the Hul Gil or joy plant and there are mentions of it on clay tablets found in excavations at the city of Nippur just east of Diwaniyah.

Patrick Cockburn, CounterPunch (2008-01-24): http://www.counterpunch.org/patrick01242008.html

Cockburn, buying into the basic mythology of the United States government’s warped narco-diplomacy, bizarrely describes this rare chance for Iraqi farmers to lift themselves out of poverty with a traditional Mesopotamian crop, now extremely lucrative, as a menacing development, and immediately links it with warlordism and terrorism, rather than with the small farmers who are now able to get by on their new source of income. In fact, as far as I can tell, the upshot of the story is, in some parts of Iraq, because the government’s prohibitionist apparatus has more or less entirely broken down, many currently impoverished farmers are now menaced by the prospect of once again being able to make enough money to support themselves, and the only genuine dangers involved anywhere are the dangers that directly or indirectly result from the bullheaded commitment of the United States government and its client government in Iraq to destroying the opium farmers’ chance at a viable new source of income.

Just as it happened in Afghanistan, what will happen from here in Iraq is that U.S. officials will scream their heads off about the horrible menace of pain-killers being sold to willing customers, and then funnel money and military resources to the Iraqi government in order to launch chemical and paramilitary eradication programs—the primary effects of which will be to dramatically reinforce the power of terrorists and local warlords over the opium trade, and meanwhile to destroy the livelihoods of desperately poor farmers. Eradication, after all, forces illegal opium farmers to deal with whoever has the political juice necessary to do the smuggling, and in southern Iraq that mainly means gangsters, militia warlords, and influential jihadis. The farmers, on the other hand, will be forced to choose between living with the constant danger of having their lives and livelihoods ruined by government eradicators, or else going back to more-or-less guaranteed penury while they try to grow more of the same old unprofitable crops that they failed to make any money from before.

Meanwhile, this violent campaign on behalf of political corruption and mass starvation will be passed off by sanctimonious U.S. and U.N. narco-bureaucrats as a make-or-break struggle for democracy and freedom in Iraq, which, among those who have lost themselves in the twisted labyrinth of statist policy goals, have somehow become immediately and unquestioningly equated with adopting a particular set of policy outcomes in support of the United States government’s hyper-aggressive commitment to domestic drug prohibitionism.

This is statist nation-building on the march — with warlordism and grinding poverty dragging the country down into hell, the U.S., U.N., and U.K. gear up to enforce a political economy straight out of Mao’s Great Leap Forward on a nation of millions so that they never have to question their domestic policy initiatives. The United States government’s rabid pursuit of international narcotics prohibition, no matter what the predictable human consequences of their belligerence, reflects an absolutely deranged set of priorities.

Further reading:

In which I fail to be reassured

The other day, I posted some remarks on why the Freedom Train metaphor bugs me, and why I think that market anarchists should generally think about aligning themselves with, you know, anarchist organizations, rather than minarchist efforts like the Libertarian Party and Chairman Ron’s Great Libertarian Electoral Revolution. Brian Doherty kindly took notice of my post over at Hit and Run. Like most posts at Hit and Run, it provoked a lot of comments, mostly from the usual suspects, and mostly not going much of anywhere productive. (Several minarchist commenters apparently didn’t bother to read the post, as they would rather spend their time rehashing the minarchist-anarchist debate from the get-go. Did you know that anarchy might work on the small scale, but will never work in a big, industrialized society? Or that anarchy will never work in practice because people will have to recreate the State to keep the Mafia from running everything? Man, I never heard that stuff before. Sign me up for some of that limited government!)

However, there are a few that are worth some remark.

NoStar offers the following encouraging thought on anarchist-minarchist unity:

How about we both fight and defeat them before we then turn and fight each other.

Think of Mao’s communists and Chang Kai-Chek’s nationalists combining to fight the Japanese.

Once the common foe is gone, we can nitpick the details.

NoStar, 25 January 2008, 8:35pm

Call me a nattering nabob of negativism, but somehow I fail to be entirely reassured by the thought of being Chiang Kai-shek to the minarchists’ Mao Zedong. Or, for that matter, vice versa.

Moderate or pragmatist limited government libertarian Nick has this to say:

The way to effect change is to build a coalition of people who are dedicated to the change you want to make and then work to convince the normal people in the middle. Ron Paul is a great example of getting a coalition together, altho his campaign could use some work in convincing moderates to his side.

Well then.

In the interest of diplomacy, I will just kindly suggest that if Ron Paul’s triumphant single-digit, third-to-fourth place primary campaign is your idea of a great example of getting a coalition together and making change through the power of numbers, I will be holding out for a better proposal.

Meanwhile, limited governmentalists are just full of suggestions for how anarchists can help the cause of anarchy by … not talking about anarchy, and spending their time and energy on building up limited-government organizations instead. Apparently wanting to work on promoting your own cause, rather than other causes with fundamentally different ideas about ultimate goals, is a sign of a self-destructive fetish for purity. Of course, the fact that this going-along-to-get-along in the name of political realism only seems to go in one direction — I don’t hear any minarchists talking about how they plan to swallow their love of small governments in order to sign up for going anarchist efforts, like, say, CopWatch — might lead one to be just a little suspicious of the motives behind the appeal. But, anyway.

Brandybuck, for example, is not an anarchist. But he’s sure that if he were an anarchist, he’d be perfectly happy to spend his time working on achieving minarchy rather than anarchy. He asks:

He is unwilling to compromise any of his political points. But such an unwavering demand for pure anarchy is going to net him only misery. Is this a man who would reject a 50% tax cut because it would leave the remaining 50% of taxes in place? I think it might be.

Brandybuck, 25 January 25 2008, 9:38pm

Brandybuck’s got another think coming.

I would quite happily take a 50% tax cut, if I could get it; and I would consider a 50% reduction in Leviathan’s pirated wealth to be a massive step in the right direction. I would much rather that the whole thing were done away with, but in the meantime, I will take what I can get.

But what I would not do is waste my time trying to build up a think tank or political party that are devoted to the goal of cutting taxes by 50% and no further. That’s hardly the only way in the world to make concrete progress towards cutting taxes by 50%, and if you think that it is, you need to think harder about how social change, or even basic negotiations, actually work in the real world. (As for negotiations, if you start out asking for what you actually want, rather than what you think you can get, you’ll often end up getting less than you wanted in the end. But you’ll do a damn sight better than if you start out asking for what you think you can get, and then bargain down from there. As for social change, there are a hell of a lot more movements that have made substantial social changes than there are political parties or party caucuses. If you think that the only way to get things done is to jump into a political party, then your lack of creativity is a problem for you, not a problem for me.)

Brandybuck is also incensed that I would claim that limited government libertarians actually do believe in government:

Personally, I have no desire to join any movement whose members [minarchists] will turn around and shoot me in the end.

This is a vile mischaracterization of minarchists. Minarchists are not statists. They are anti-statists. What makes them different from anarchists is the pragmatic realization that anarchy is not viable. If a state is inevitable, then let’s see to it that it will be as small and as unobtrusive as possible.

This is, to be blunt, complete nonsense. If minarchists believe in limited government, then they believe in the right to make anarchistic arrangements not viable by prohibiting at least some individual people from seceding or otherwise withdraw their allegiance from the minimal state in favor of competing defense associations, or in favor of individual self-defense. If Brandybuck believes that I have the right to tell his limited government to go to limited hell, and to withdraw entirely from it to make my own arrangements, then his imagined minimal state is really not a sovereign state at all, but rather one voluntary defense association amongst many, and Brandybuck is no minarchist, but rather an anarchist. (In which case, welcome, comrade!) But if he does believe that a limited government has some right to make me use or pay for its services, even if I would prefer to withdraw from it and make arrangements of my own, then, like any other government program, this one is going to take the use of force or the threat of force by limited government cops. In which case my characterization of the minarchist political platform as including a plank on shooting anarchists, whether vile or not, is an accurate one. There is no third option. (Of course, minarchists accept a right of free speech, meaning that they will not shoot anarchists who just talk about anarchy. But in order to maintain a minimal state, they have to be ready to shoot anarchists who actually attempt to do something about it. And I care about the latter at least as much, if not more, than I care about the former.)

A bunch of people seem to have misinterpreted my argument as an argument for not doing anything, or for anarchists never to work together with minarchists on issues of common concern. Thus, for example:

Great. The metaphor’s nonsensical. Let’s stop working together against the great breadth of government power.

Vent, 25 January 2008 7:43pm

Of course, if I had made an argument to the effect that working together with limited statists was always and everywhere destructive to the cause of freedom, then replying to the argument this way would be about as sensible as saying Great. Let’s stop trying to put out this fire by pouring gasoline on it. Well, yeah, that’s what you should do. If working together requires you to make trade-offs that actively impede the goals you’re supposedly working for, then you should stop trying to work together. The primary goal of libertarianism ought to be freedom, not maximizing the number of self-identified libertarians working together. The two are not the same, and if latter interferes with the former, then the former is always more important.

That said, that’s not the argument that I made. I’m not proposing that anarchists sit around and do nothing; I am proposing that they choose different means in order to get things done. Nor am I proposing that anarchists never work together with minarchists on anything. I’m willing to work with all kinds of people. I am proposing that we reconsider the scope of the cooperation, and the terms on which we do the work. As I said in the original post:

I would certainly agree that market anarchists should be willing to work together with coalition partners on particular issues of concern — the drug war, corporate welfare, the war on Iraq, etc. — whether those coalition partners are minarchists, or state Leftists, or whatever else. But who you’ll work with in issue-based coalitions is a different question from whose movement you’ll participate in, or what formations you’ll make the primary venue for your broader organizing and activism.

Here, as elsewhere, I’d argue that there’s a lot to be said for making things with small pieces loosely joined. There are plenty of times when it makes sense for anarchists to work together with statists of various stripes, as part of a common front for a common cause. But when we do, I’d suggest that the cooperation should be limited to fighting to win on the issue at hand — not spending years building up multi-purpose, long-term institutions or political parties whose goals have nothing in particular to do with anarchism. And I’d suggest that when we work in coalition, we do so through organizations of our own, on our own terms, and speaking for ourselves, not through centralized, non-anarchist smaller-government organizations that require us to spend our time talking about everything but, y’know, anarchy, in order to participate.

Probably the most common critical reply, though, is a claim that anarchists should work to build up minarchist parties because (1) in the current political climate, the practical differences between anarchistic and minarchistic politics are triflingly small (minarchists want to get rid of about 99% of existing government; anarchists want to get rid of the remaining 1% too); (2) where there are differences in ultimate goals, in the current political climate, the stuff that only the anarchists want to get rid of can’t realistically be gotten rid of, whereas some of the stuff that both anarchists and minarchists want to get rid of can realistically be gotten rid of (the war on drugs, or marginal tax rates, or whatever); and (3) once we have gotten rid of the 99% of stuff that anarchists and minarchists agree on, whenever that happens, then getting rid of that last 1% will be much easier for anarchists to pull off than it would be to get rid of that stuff now.

Thus Zeph, in comments here:

A minarchist system would have minimal ability to block the tracks, even if it had an interest in so doing.

Sisyphus old lad, would you rather push a pebble or a planet up a hill?

And Brandybuck, who, while a minarchist, is ever helpful to inquisitive anarchists:

I also suspect that it would be much easier to achieve true anarchy if you start from a minarchist state than from an maxarchist state.

On the train anarchist kerem tibuk:

Besides when the time comes when a minarchist government agresses against an individual it is much easier for that individual to fight back since the state would be much less powerless and the individual much more powerfull.

prolefeed:

Ummm, when we get to a government that is about 1% the size it is now, this will become a relevant question. Not exactly holding my breath over that happening. Until we effing reverse the growth of government, the 0%ers and the 0.01%ers and the 1%ers and the 50%ers and even the 99%ers should all be pretty solid allies.

But accepting this argument would depend on my accepting a number of premises whose evidence is weak at best, or which are definitely wrong.

I would, for example, have to accept that a smaller, more limited government would have a harder time suppressing anarchistic activity than a larger, less limited government would. It might seem like this is obvious: bigger governments have more money, more hired thugs, more surveillance spooks, and more tyrannical laws that they can exercise in order to suppress anarchists than smaller governments do. But, on the other hand, bigger governments also have much more to do than smaller governments do. Under the present system, government cops fritter away time, attention, and energy trying to enforce all kinds of asinine laws. Under a minarchy, the government police forces would still exist, but they would have basically nothing to do with their time other than (1) dealing with small-time property crime, and (2) suppressing anarchistic activity. I think there’s very little guarantee that it would be easier to establish and sustain institutions that counter certain kinds of state power when the state is lean and mean, than there is now when it’s large, bloated, and corrupt.

In a similar vein, I would have to accept that the most likely way to significantly reduce the scope and power of government is to spend the next several decades working from within the state system in order to prune away this or that invasive policy — drug laws, abortion laws, immigration laws, the war in Iraq, especially stupid provisions of copyright law, egregiously high taxes, the most outrageous parts of immigration law, or whatever — and then only to go after the supporting pillars of state power — government policing and prisons, government courts, government military, government border control, the existence of even minimal taxation, etc. — once all the policy issues have been cleared out of the way. That may seem obvious, but actually it’s a substantial claim in need of defense, and I have not yet been given any reason to believe that this is true.

Of course, it’s true that if you have already committed yourself to making change through the vehicle of electoral politics, then partial reform on the particular policy issues is going to be much closer to being within your grasp than, say, abolishing government policing in favor of voluntary defense associations. But that’s only if you’ve committed yourself to electoral politics already; it certainly can’t be invoked as an argument for jumping into the Libertarian Party without assuming part of what it needs to prove. In point of fact, if options other than electoral politics are allowed onto the table, then it might very well be the case that exactly the opposite course would be more effective: if you can establish effective means for individual people, or better yet large groups of people, to evade or bypass government enforcement and government taxation, then that might very well provide a much more effective route to getting rid of particular bad policies than getting rid of particular bad policies provides to getting rid of the government enforcement and government taxation.

To take one example, consider immigration. If the government has a tyrannical immigration law in place (and, just to be clear, when I say tyrannical, I mean any immigration law at all), then there are two ways you could go about trying to get rid the tyranny. You could start with the worst aspects of the law, build a coalition, do the usual stuff, get the worst aspects removed or perhaps ameliorated, fight off the backlash, then, a couple election cycles later, start talking about the almost-as-bad aspects of the law, build another coalition, fight some more, and so on, and so forth, progressively whittling the provisions of the immigration law down until finally you have whittled it down to nothing, or as close to nothing as you might realistically hope for. Then, if you have gotten it down to nothing, you can now turn around and say, Well, since we have basically no restrictions on immigration any more, why keep paying for a border control or internal immigration cops? Let’s go ahead and get rid of that stuff. And then you’re done.

The other way is the reverse strategy: to get rid of the tyranny by first aiming at the enforcement, rather than aiming at the law, by making the border control and internal immigration cops as irrelevant as you can make them. What you would do, then, is to work on building up more or less loose networks of black-market and grey-market operators, who can help illegal immigrants get into the country without being caught out by the Border Guard, who provide safe houses for them to stay on during their journey, who can help them get the papers that they need to skirt surveillance by La Migra, who can hook them up with work and places to live under the table, etc. etc. etc. To the extent that you can succeed in doing this, you’ve made immigration enforcement irrelevant. And without effective immigration enforcement, the state can bluster on as much as it wants about the Evil Alien Invasion; as a matter of real-world policy, the immigration law will become a dead letter.

When anarchists participate in compromise efforts, such as the LP or the Ron Paul campaign, those efforts pretty much always only allow one of these two routes: the policy-reform-first route. They don’t allow for the evasion-first route because to set up and sustain the kind of resources that are necessary to enable evasion and resistance of government laws, you’re already trying to take the train to a station where the minarchist passengers don’t want to go: that is, you’re creating counter-institutions that are directly competing with, and attempting to undermine, precisely those state functions (law enforcement, the courts, military and paramilitary defense of the state against its declared enemies) that minarchists intend to keep. But why should we prejudge the contest in favor of the minarchist-friendly route? After all, which of these is the better strategy for getting rid of immigration laws? Well, as far as effectiveness goes, I don’t actually think that that’s a very hard question to answer. Look at all the practical success that the immigration reform movement has had in liberalizing immigration laws over the past thirty years or so. Here, I’ll make a list for your convenience:

Now, compare the success that illegal immigrants, state-side family members, coyotes, good samaritan ranchers, off-the-books employers, et al. have had in getting people across the border in defiance of immigration law, while avoiding or minimizing government interference:

Estimated number of illegal immigrants in the United States

Here's a graph showing 3,000,000 people in 1980; 3,300,000 in 1982; 4,000,000 in 1986; 2,500,000 in 1989; 3,900,000 in 1992; 5,000,000 in 1996; 8,400,000 in 2000; and 11,100,000 in 2005.

Source: Pew Hispanic Center, via CNN

From a practical standpoint, if I’m looking for a going concern, I’d say that the root-striking approach seems to be making a lot more concrete progress than the branch-pruning approach, at least on the specific issue of immigration.

Of course, there are concerns other than practical success. For example, many minarchists are likely to believe that there is a moral advantage to working from within the political system, and convincing those around you to change their votes, rather than consorting with criminals and making an end-run around the law. That’s reasonable enough, and may be a reason to stick to electoral reform — if you are a minarchist. But, of course, I’m not: I’m an anarchist; I think that government laws have no color of authority whatsoever; and I don’t think that people who evade or defy immigration laws are criminals in any sense worth caring about. And my earlier post was directed mainly towards other anarchists on a point of anarchist strategy; so if your counter-argument starts out by presupposing a certain level of respect for government law, then it’s going to be a non-starter as a response to my argument.

Setting moral concerns aside, there is a pragmatic concern that strategies that bypass legal reform in order to evade the law are more risky. Electoral reform campaigns may not get the results as quickly or as extensively as black markets do, but they’re also less likely to get you shot or thrown in jail by the government. That’s true enough. But, on the other hand, it’s easy to overestimate the risks of black market activities; the fact is that tens of millions of people get away with this stuff every day already, and the more talented and resourceful people turn their attention towards evading and resisting tyrannical laws rather than pouring their resources down the toilet of political reform campaigns, the more people will be able to get away with, and the more reliably they’ll be able to get away with it. Moreover, just as there is far more to political campaigning than just the act of voting or declaring a candidacy or lobbying or filing suit — there’s also fundraising, crafting and running ads, house parties, holding debates, canvassing, op-eds, buttons, bumperstickers, and the rest — there is also much more to an evasion strategy than direct participation in black market activities. There is also moral agitation and advertising aimed at convincing people of the legitimacy, or at least the unimportance, of so-called criminal activity, with the usual set of op-eds, buttons, bumperstickers, debates, etc.; there’s legal education and legal defense funds; there’s nonviolent civil disobedience; there are grey market activities that provide arguably or completely legal services that nevertheless help black market operators evade detection; and any number of other things, too. No doubt lots of us can’t or won’t take the risks involved in direct black market activity — because our circumstances or our temperament prevent us from taking it on — but if you can’t take on that much risk, you can still do plenty of things to concretely aid the broader strategy, without putting yourself in the path of the law.

Now, for all that I’ve said, it still may be the case that, for some other issues, the branch-pruning approach is more likely to be effective than the root-striking approach. But if you are an anarchist, then I think it would behoove you to think carefully about whether this really is the case, before you start putting your limited time and energy into a branch-pruning political campaign. Certainly there are plenty of examples I could cite other than illegal immigration. Compare the concrete progress of lobbying and litigation for liberalizing copyright law to the concrete progress of music and movie pirates in simply evading the enforcement of copyright law. Or compare the concrete progress of lobbyists at liberalizing drug laws to the concrete progress of drug smugglers and drug dealers at moving drugs to willing customers in spite of the laws against it. However many policy issues there may be that will be more easily addressed by the route of legal reform, rather than by the route of undermining the state’s capacity to detect and retaliate against law-breaking, I think there is every reason that they will be few enough, and far enough between, that it just doesn’t make practical sense for anarchists to spend their limited resources on open-ended, long-term commitments to building up smaller-government institutions. Not if the price is deferring talk about the illegimacy of the State as such, or about the right of people to evade its laws, or about the right of people to create counter-institutions to defend themselves against its law enforcement, in order to keep our outreach palatable to more or less limited statists. Anything that is worth getting through that kind of co-operation can be got through limited-scope, issue-driven coalitions. And we can do that kind of outreach and activism without signing onto intra-party Accords that sacrifice anarchist rhetoric or practical action in the name of taking one for the party.

Anarchism is about anarchy. The activism, agitation, and organizing that we do ought to reflect that. If it doesn’t, then you may very well be wasting your time and talents.

The Protection Racket

Last weekend, Jeff Tucker put out a really good article on LewRockwell.com, on the State’s so-called criminal justice system, and its sanctimonious claims to protect us, especially the poor and oppressed. He writes:

If you think about it, it is inherently implausible that the state could be an effective administrator of justice, for which there is a supply and demand like any other good. Shortages, inefficiencies, arbitrariness, and underlying chaos all around are going to be inherent in the attempt.

Because we are dealing here with the meting out of coercion, we can add that inhumane treatment and outright cruelty are also likely to be an inherent part of the system.

Even so, nothing had prepared me for what I witnessed in the courtroom the other day. …

… I got an education. It turns out that in a courtroom packed with criminals, not even one of the people who appeared before the judge was a danger to society. Nearly all were in for victimless crimes. The two who had perpetrated actual crimes – petty theft from Wal-Mart and the local mall – could have easily been dealt with without involving the state. So far as I could tell, the place could have been emptied out completely and our little community would have been no worse off, and massive human suffering could have been avoided.

But that’s not the way it works. These people, overwhelming black and poor but dressed very nicely in the hope of impressing the master, found themselves entangled in the web and thereby elicited the glare and killer instinct of the spider. How painful it was to watch and not be able to do anything about it.

The machine continued to operate. The judge hardly looked up, not even to notice how much these nice but exceedingly poor people dressed in an attempt to impress him. They and their lives meant nothing. It was all about keeping the machine working.

Finally 11am rolls around. The court had already raised for itself about $20,000, from my calculation. The judge says that there will be a short recess before he hears the not-guilty cases, mine among them. He will then assign public defenders to those whose income is low enough and then schedule jury hearings.

In other words, I would have to wait and then return at some later date.

My kids, who came with me, persuaded me that this was hopeless and ridiculous and very costly. I should declare my guilt and pay the $200 and be free. They didn’t want their Dad entangled anymore in this system. This is what I did, and I was free to go and join the multitudes who put up with this system of blackmail and money extraction every hour and know better than to attempt to use the system to challenge it.

Most people in my position would have never gone to court, and thereby they will never have seen just how cruel this system is for the poor, for minorities, and for everyone who gets tangled up in this web of coercion and legalized plunder.

But now I understand something more fully that I once only understood abstractly. I see how utterly ridiculous it is to think that the state can be the right means to help those who are poor or living at the margins of society. The state is their enemy, as it is for everyone else.

Jeffrey Tucker, LewRockwell.com (2007-12-15): How the Justice System Works

Read the whole thing.

Men in Uniform

Somewhere in Alabama, an all-male gang of elite cops from New Jersey spent some down-time from protecting and serving by getting off on sexy drunken displays of power and violence.

HOBOKEN, N.J. — The Hoboken Police Department’s SWAT team has been disbanded, just days after officials learned of racy photos showing the unit’s commander and other officers cavorting with waitresses from a Hooters restaurant in Alabama.

Judging from the selection from the photo slide show, it seems that these photos involve more than just a trip to Hooters, and include some that are more explicit than just racy.

On the same day Hoboken’s new public safety director was sworn in, he gave the city’s police chief orders to disband the SWAT team and to order the lieutenant at the center of the controversy to desk duty.

After seeing the photos of Lt. Angelo Andriani and other members of the Hoboken police SWAT, newly appointed Public Safety Director Bill Bergin said he had to act decisively.

Bergin listed his reasons for disbanding the SWAT team in a phone interview with Newschannel 4’s Pei-Sze Cheng: The brazenness of the whole situation, because everything in the photographs, which I was shocked at, had Hoboken all over it, from the uniforms, to the police car, the bus that was involved.

Bergin ordered the police chief to disband the SWAT team and to have Andriani return from his extended vacation and assign him to desk duty immediately.

The photos were taken last year on a return trip from Louisiana, where the Hoboken officers helped with the Hurricane Katrina relief effort.

They show the waitresses holding shotguns and other weapons belonging to officers under Andriani’s command.

WNBC (2007-11-16): N.J. SWAT Team Disbanded After Racy Hooters Photos Emerge

Elsewhere in New Jersey, another man in uniform, Anthony Senatore, used his power as a professional narc to extort sexual favors from a woman he’d pressured into becoming a drug informant. Then, after she tried to put a stop to it, he stalked her, forced his way into her house, and raped her. After his victim filed a lawsuit, Senatore was reassigned to a desk job. Although the boss cops and everybody else do concede that Senatore repeatedly exploited his position to coerce sex from the woman, the state A.G. has decided to sweep it under the rug and declined to prosecute on the rape charge. This, apparently, is what passes for having found no wrongdoing on the officer’s part in the eyes of the (male) mayor and the (male) police chief.

JACKSON — The state Attorney General has decided not to prosecute a police detective who is accused, in a civil lawsuit, of raping a drug informant in 2005 and impregnating her with a son who was born eight months later, township officials confirmed Wednesday. Advertisement

The lawsuit filed last year by the informant, identified only as Jane Doe, still is pending in federal court. However, Mayor Mark A. Seda said Wednesday that the attorney general’s decision exonerates Officer Anthony Senatore.

Apparently they found no wrongdoing on the officer’s part, Seda said, adding that Senatore remains on the Jackson force but is no longer a detective.

According to the lawsuit, Senatore enlisted Jane Doe in April 2005 as a drug informant, in exchange for money and prosecutorial considerations for her children and estranged husband, all of whom have been investigated by the Jackson police.

But soon after Jane Doe became an informant, the detective’s behavior changed, according to the suit.

By means of intimidation, threat, harassment, coercion and/or promises of judicial and prosecutorial consideration for plaintiff and her family, Senatore repeatedly propositioned and solicited plaintiff for sexual relations from late April through July 2005, the suit alleges.

During that time, he had sex with her in her home, in police vehicles and in wooded locations in and around Jackson, according to the suit.

When Jane Doe tried to break off the relationship, Senatore’s deviant, predatory behavior intensified, culminating in a savagely brutal rape in her home on July 25, 2005, according to the suit. As a result of that rape, the plaintiff became pregnant and gave birth to a son March 26, 2006, according to the suit.

The suit accuses the township, the police department and then-Public Safety Director Samuel DiPasquale of permitting and encouraging police officers, including Senatore, to sexually harass and have sex with female informants, female defendants and other women they encountered while on duty.

In case you were curious, this is how seriously the boys in blue take their job of protecting you and me from all the weirdoes and creeps running around out there:

Shortly after the suit was filed, Senatore was removed from the detective bureau and placed on administrative duty where his only responsibilities included paperwork, the mayor said.

Senatore is now back in circulation as a patrolman, though, because the police department is short staffed, Seda said. He did not know whether the officer will be reinstated to the detective bureau.

But don’t worry. They are seriously concerned about how this predator’s pattern of bullying, sexual harassment, sexual coercion, and rape against a woman substantially under his legally-backed power — which they dignify as a relationship with an informant — will adversely affect their P.R., and maybe a court case. Senatore may be back patrolling the streets, but hey, they might consider adding a couple of clauses to their internal policies.

When an officer’s character is in question, it puts us at risk, Seda said. We didn’t want to give any criminal a loophole to get out of charges.

… With the Attorney General’s investigation complete, the town and the police department are looking into how Senatore was able to take advantage of his job and engage in a relationship with an informant [sic], Seda said.

That’s certainly something we wouldn’t want to see happen again, the mayor said. We’re looking at our policy internally to see what we can do to prevent that.

Fraidy Reiss, Asbury Park Press (2007-11-08): Detective won’t be prosecuted; Detective won’t be prosecuted

(Stories via Lindsay Beyerstein 2007-11-17 and ACLU Blog 2007-11-17.)

Sprachkritik: “Privatization”

Left libertarians, like all libertarians, believe that all State control of industry and all State ownership of natural resources should be abolished. In that sense, libertarian Leftists advocate complete and absolute privatization of, well, everything. Governments, or quasi-governmental public monopolies, have no business building or running roads, bridges, railroads, airports, parks, housing, libraries, post offices, television stations, electric lines, power plants, water works, oil rigs, gas pipelines, or anything else of the sort. (Those of us who are anarchists add that governments have no business building or running fire departments, police stations, courts, armies, or anything else of the sort, because governments — which are necessarily coercive and necessarily elitist — have no business existing or doing anything at all.)

It’s hard enough to sell this idea to our fellow Leftists, just on the merits. State Leftists have a long-standing and healthy skepticism towards the more utopian claims that are sometimes made about how businesses might act on the free market; meanwhile, they have a long-standing and very unhealthy naïveté towards the utopian claims that are often made on behalf of government bureaucracies under an electoral form of government. But setting the substantive issues aside, there’s another major roadblock for us to confront, just from the use of language.

There is something called privatization which has been a hot topic in Leftist circles for the past 15-20 years. It has been a big deal in Eastern Europe, in third world countries under the influence of the IMF, and in some cases in the United States, too. Naomi Klein has a new book on the topic, which has attracted some notice. Klein’s book focuses on the role that natural and artificial crises play in establishing the conditions for what she calls privatization. But privatization, as understood by the IMF, the neoliberal governments, and the robber baron corporations, is a very different beast from privatization as understood by free market radicals. What consistent libertarians advocate is the devolution of all wealth to the people who created it, and the reconstruction of all industry on the principle of free association and voluntary mutual exchange. But the IMF and Naomi Klein both seem to agree on the idea that privatization includes reforms like the following:

  • Tax-funded government contracts to corporations like Blackwater or DynCorp for private mercenaries to fight government wars. This has become increasingly popular as a way for the U.S. to wage small and large wars over the past 15 years; I think it was largely pioneered through the U.S. government’s efforts to suppress international free trade in unauthorized drugs, and is currently heavily used by the U.S. in Colombia, the Balkans, and Iraq.

  • Tax-funded government contracts to corporations like Wackenhut for government-funded but privately managed prisons, police forces, firefighters, etc. This has also become increasingly popular in the U.S. over the past 15 years; in the case of prisons, at least, it was largely inspired by the increasing number of people imprisoned by the U.S. government for using unauthorized drugs or selling them to willing customers.

  • Government auctions or sweetheart contracts in which nationalized monopoly firms — oil companies, water works, power companies, and the like — are sold off to corporations, with the profits going into the State treasury, and usually with some form of legally-enforced monopoly left intact after privatization. One of the most notorious cases is the cannibalistic bonanza that Boris Yeltsin and a select class of politically-connected Oligarchs helped themselves to after the implosion of Soviet Communism. Throughout the third world, similar auction or contract schemes are suggested or demanded as a condition for the national government to receive a line of tax-funded credit from the member states of the International Monetary Fund.

  • Yet Another Damn Account schemes for converting government pension systems from a welfare model to a forced savings model, in which workers are forced to put part of their paycheck into a special, government-created retirement account, where it can be invested according to government-crafted formulas in one of a limited number of government-approved investment vehicles offered by a tightly regulated cartel of government-approved uncompetitive investment brokers. This kind of government retirement plan is supposedly the centerpiece of privatization in Pinochet’s Chile, and has repeatedly been advocated by George W. Bush and other Republican politicians in the United States.

Klein and other state Leftists very claim that these government privatization schemes are closely associated with Right-wing authoritarian repression, up to and including secret police, death squads, and beating, torturing, or disappearing innocent people for exercising their rights of free speech or free association in labor unions or dissident groups.

And they are right. Those police state tactics aren’t compatible with any kind of free market, but then, neither are any of the government auctions, government contracting, government loans, and government regulatory schemes that Klein and her comrades present as examples of privatization. They are examples of government-backed corporate kleptocracy. The problem is that the oligarchs, the robber barons, and their hirelings dishonestly present these schemes — one and all of them involving massive government intervention and government plunder from ordinary working people — as if they were free market reforms. And Klein and her comrades usually believe them; the worst sorts of robber baron state capitalism are routinely presented as if they were arguments against the free market, even though pervasive government monopoly, government regulation, government confiscation, government contracting, and government finance have nothing even remotely to do with free markets.

I’d like to suggest that this confusion needs to be exposed, and combated. In order to combat it, we may very well need to mint some new language. As far as I know, privatization was coined by analogy with nationalization; if nationalization was the seizure of industry or resources by government, then privatization was the reversal of that process, devolving the industry or the resources into private hands. It is clear that the kind of government outsourcing and kleptocratic monopolies that Klein et al condemn don’t match up very well with the term. On the other hand, the term has been abused and perverted so long that it may not be very useful to us anymore, either.

So here’s my proposal for linguistic reform. What we advocate is the devolution of state-confiscated wealth and state-confiscated industries back to civil society. In some cases, that might mean transferring an industry or a resource to private proprietorship (if, for example, you can find the person or the people from whom a nationalized factory was originally seized, the just thing to do would be to turn the factory back over to them). But in most cases, it could just as easily mean any number of other ways to devolve property back to the people:

  1. Some resources should be ceded to the joint ownership of those who habitually use them. For example, who should own your neighborhood streets? Answer: you and your neighbors should own the streets that you live on. For the government to seize your tax money and your land and use it to build neighborhood roads, and then to sell them out from under you to some unrelated third party who doesn’t live on them, doesn’t habitually use them, etc., would be theft.

  2. Government industries and lands where an original private owner cannot be found could, and probably should, be devolved to the co-operative ownership of the people who work in them or on them. The factories to the workers; the soil to those who till it.

  3. Some universally-used utilities (water works, regional power companies, perhaps highways) which were created by tax money might be ceded to the joint ownership of all the citizens of the area they serve. (This is somewhat similar to the Czechoslovakian model of privatization, in which government industries were converted into joint-stock companies, and every citizen was given so many shares.)

  4. Some resources (many parks, perhaps) might be ceded to the unorganized public — that is, they would become public property in Roderick’s sense, rather than in the sense of government control.

Now, given the diversity of cases, and all of the different ways in which government might justly devolve property from State control to civil society, privatization is really too limiting a term. So instead let’s call what we want the socialization of the means of production.

As for the IMF / Blackwater model of privatization, again, the word doesn’t fit the situation very well, and we need something new in order to help mark the distinction. Whereas what we want could rightly be called socialization, I think that the government outsourcing, government-backed monopoly capitalism, and government goon squads, might more accurately be described as privateering.

I’m just sayin’.

Update 2007-11-08: Minor revisions for typo fixes, clarity, and to add a link I forgot to add.

Further reading:

Opinion Columns of the Libertarian Left

Here’s some Halloween treats for radicals who have been working for alliance between left-friendly libertarians and anti-authoritarian Leftists. These are all articles that have appeared over the past week Alexander Cockburn and Jeffrey St. Clair’s anti-imperialist Left magazine CounterPunch:

One of the things that I’m especially pleased about with Hornberger’s article is that it’s not just a column covering some point of substantial pre-existing agreement between committed libertarians and committed Leftists (anti-imperialism, civil liberties, etc.). The article has that, and that kind of thing is very important and very valuable. But Hornberger’s article goes even further; not only is he crossing the bridges that are already there, but he is also building some new ones. One of Hornberger’s main analytical claims has to do with the way in which the bureaucratic State’s pervasive and byzantine regulation puts tremendous coercive power into the hands of the Stasi, and the way in which the State’s regulatory carrots and sticks serve to keep the interests of big business and the State firmly aligned:

First, as we have long pointed out, the real value of the regulated society is not any protection it provides to people. All that protection talk is just a sham. The real purpose of the regulated society is to keep the business and banking community in line — meaning in conformity with federal policy. The real purpose of the rules and regulations is to serve as a Damocles sword, ready to fall on any business or bank that refuses to go along with the feds.

… Of course, the feds would argue that the law is the law and that Nacchio broke it and therefore has to pay the price. That, of course, is not the point. The point is that in the regulated society, everyone breaks the law, one way or another, which then provides the feds with the option of prosecuting anyone they want whenever they want.

Consider, for example, the IRS code. Despite never-ending railing among political candidates about how complex the code is, the feds love the complexity. Why? Because they know that no one can ever file a perfect income-tax return and especially not wealthy and influential businessmen. If the feds looked hard enough, they could prosecute anyone they wanted at any time for income-tax violations.

It’s the same with insider-trading laws, Sarbanes-Oxley, hiring illegal aliens, or a multitude of other economic crimes. If they hadn’t gotten Nacchio on insider trading, they would have undoubtedly gone after him for other things. The point is, he refused to go along with illegality and wrongdoing, and they went after him for it.

To add insult to injury, President Bush and some of his federal cohorts in Congress are seeking to give civil immunity to the telephone companies that allegedly chose to become federal informers. They are trying to get Congress to pass a law that would prohibit the customers of the telephone companies from suing for the companies’ allegedly wrongful (and cowardly) misconduct.

In other words, become a federal informer and we’ll protect you. Refuse to do so, and we’ll send you to jail.

What is the difference between neighborhood captains in Castro’s Cuba, who report people’s activities to their government, and U.S. telephone companies who report people’s activities to their government? Don’t they all rationalize their conduct under the same warped sense of patriotism?

Jacob G. Hornberger (2007-11-01): The War on Telephone Privacy: The Meaning of the Nacchio Case

When libertarians challenge the regulatory State, well-intentioned Leftists will often point to all kinds of sharp dealing, exploitation, and irresponsible behavior that big business engaged in prior to the massive expansion of government regulation during the Progressive and New Deal eras. The case for this is often impressionistic and overstated, and usually glosses over the way in which byzantine State regulations allow for new kinds of market-cornering, agency-capturing, sharp dealing, and legal insulation from corporate responsibility. But too many conventional libertarians miss the point by responding with little more than apologia for big business. The right response is to point out that there is more than one way to deal with nasty business practices. The question is whether the means are going to be coercive or voluntary. Coercive solutions tend to deal with the problem from the top down, through a class of professional bureaucrats; voluntary methods tend to favor dealing with these problems from the bottom up, with you and your neighbors working together in grassroots efforts like fighting unions, organized boycotts, consumer associations, mutual aid societies, or watchdog pressure groups.

The grassroots approach puts power into the hands of ordinary people, who enjoy a lot of choice over what causes to support, how to organize responses, when to participate, when to withdraw, and so on. The bureaucratic approach takes power out of the hands of ordinary people and puts it in the hands of professional lawyers and bureaucrats; it tries to fight the unaccountable power of Behemoth by building up the unaccountable power of Leviathan. But the State has its own reasons for doing what it does, and it’s extraordinarily hard, indeed practically impossible, to keep those reasons aligned with anything like ordinary people’s real interests or concerns. Business and government simply get involved in elaborate power plays, as each tries to convert departments of the other into a captured agency for their own purposes, variously using the tools of campaign contributions, front groups, astroturf, cronyism, tax breaks, tax revenue, regulation, prosecution, extortion, and other forms of mutual back-scratching and mutual terrorizing. This is exactly what happened with the government’s successful efforts to turn telecom companies into multibillion dollar snitches for the Securitate creeps; as usual, the end result is that they all get in it together against the rest of us. That’s not an unhappy accident; it’s the way it’s always going to be as long as State agencies can arrogate power that individual people cannot opt out of.

All power to the people; the bureaus can go to hell.

Further reading: