Drone Hypocrisy: The Toxic Self-regard of the 5% and the Dangerous US Constitution Fetish



Original image:Attribution Some rights reserved by Tjebbe van Tijen / Imaginary Museum Projects (updated by myself)

Many in the US are up in arms over the fact that Eric Holder has not rejected the President’s use of lethal force against US citizens on US soil, but what are the implications of the outrage shown by “progressives” in the US? Why is it so natural for US citizens to privilege themselves and their lives over the lives of others? Where is the shame of those who claim to oppose US militarism but devote their greatest passion and attention to a minuscule or non-existent threat to themselves?

On a personal level, it is sad for me to find people I normally admire among those reacting in shock and horror to the fact that there is a hypothetical outside chance that they may be killed in the same manner that the US employs to kill lesser beings on a regular basis. Sometimes I actually feel betrayed by people from the US, including some I know personally, who reveal that deep down they see foreigners like myself and my family and friends as having lives worth less than theirs. This was how I reacted in a comment when TomDispatch posted an article of this type on their facebook page: “What about all the people outside of the US? Are you all so jaded and selfish and despicable that you only care about whether they can get you when you are drinking coffee in Boston? Why do you have no shame about this? What do you think it looks like for those outside the US to constantly have our noses rubbed into the fact that you think your government that YOU voted for can kill us, but bleat on so much about the fact that they might be able to kill you? At least you can do something about it. Why is it breaking news that Obama (in “extraordinary circumstances”) can kill 5% of the population when 95% can be killed without even being identified personally. Just wiped out like insects, and you endorse that every fucking time you privilege your concern for US citizens over others – and now its US citizens on US soil that are more important than everyone else. This sickens me.”

Of course, the fact that people from the US endorsed my comment made me feel much better about life in general. I am quite happy to view US politicians as evil hell-spawn, but I tend to think that US people, like all people, are basically good. On the other hand, though, that leaves me to explain why some who devote a lot of themselves to opposing US imperial injustices, including drone strikes, should let themselves down so badly. Joining in the hysteria and hype over the Holder letter is unacceptable, and here is why.

First, divide the world into the “5%” (US citizens) and the “95%” (others). We already knew that the baseline of USG policy is that the executive branch can kill whomever it wants, wherever it wants, whenever it wants based on secret applications of secret legal rationalisations using secret evidence. So far the application of this when using UAVs to kill people has seen 5 US citizens killed. In contrast, the figure of 4700 killed in total has been acknowledged by Sen. Lindsay Graham and that must be excluding those killed in Iraq and Afghanistan. The 95% are simply at a far, far higher risk than the 5%. This is acutely so in countries or regions where US destabilisation has destroyed the functioning of governments, or where governments are in some other way unable to protect their citizens from US violence. The figure of those killed on US soil, by the way, is 0. So the actual figures would suggest that Rand Paul’s dramatic image of someone being incinerated by a hellfire missile when drinking a coffee in Boston might be overdrawn. But it is so much worse than that. People in Yemen, Pakistan, Afghanistan, Somalia, and an ever increasing number of other places are really being incinerated when they sit down to have coffee with friends. I understand that Paul opposes the killing of those people too, but why bring up the unlikely hypothetical example when the reality is right there?

Attorney General Eric Holder responded to Sen. Paul with a letter. This letter confirms the privilege accorded to the 5%. The US isn’t going to kill people on US soil because “well-established law enforcement” obviates the necessity. One reading of this is that there was no need for White House involvement in Fred Hampton’s killing, or the MOVE bombing, while administration involvement in the Waco siege would now be unnecessary altogether (as with Christopher Dorner’s demise). US law enforcement killed at minimum an average of one person every 15 hours in 2012. Carrying out covert targeted killings in the milieu of such deadly and militarised policing seems far more logical than using drones. In other words, the US can rely on “law enforcement” to kill people when desirable, which also calls into question the point of Rand Paul’s fatuous question. As always, however, the implications are far worse for the 95% than for the 5%, but no US “progressives” seem to care. The 5% talk of the “chilling effect” of various repressive authoritarian government behaviours on their own society, but imagine the chilling effect that this might have on, say, Iceland – a country that recently deported FBI agents. This is a reiteration to the world that non-compliance with US law enforcement in its hunt for political dissidents may cause the US to take unilateral action, possibly lethal, without regard for sovereignty nor for international law.


A fairly constant theme of the aghast is the horror of an attack on the Constitution. The basis of this, however, is an unhealthy and historically untenable vision of a mythic Constitution carved in granite and handed down from on high through the agency of semi-divine authorities known as “founding fathers”. But the aspects of the US Constitution that we today tend to admire the most came originally from being forced on the Federalists by anti-Federalists and Jeffersonians, while others were amendments added because of the insistence and agitation of the common people. Not only that, but the application of the Constitution to secure actual meaningful rights for the bulk of the people only tends to occur after people toil, fight and often die to secure them. I’m assuming that the progressives I complain of here (who should know better than to echo the sentiments of not one but several Republican Senators) have read A People’s History of the United States, and are familiar with critiques of Hamilton and Madison. And yet, clearly against their own interests, instead of the people actually taking credit for establishing their own human rights and civil rights through their own power and sacrifice, all to often the discourse is of “constitutional rights”.

Once upon a time, the wise men known as the “founding fathers” gave the US a wise Constitution and the wise men of the US Supreme Court are now tasked with the duty of interpreting it according to “founders intent”. Right? Well, the Supreme Court’s role in interpreting the constitution was not originally mandated, but is a self-arrogated power. And they are political appointees. And they dress funny. And, though I may be an ignorant foreigner, no one has actually explained to me why there even is such a creature as a “Justice Scalia”, let alone why he is allowed to hold a responsible position. Altogether, this patriarchal myth is a quasi-religious understanding of the US Constitution (meaning the written document and 27 ratified amendments). But the actual constitution of the federal polity known as the United States of America is much more than can be found in such document. It includes, for example, English Common Law traditions. Moreover, I concluded a previous piece touching on this subject with these words:

This fetishisation of the idolised US Constitution is getting old. Besides which, the US Constitution’s “Supremacy Clause” (Article 6, Clause 2) actually gives treaties the same status as federal law – which would include the Nuremberg Charter and the UN Charter, among other things. Furthermore, by allowing the issue to be framed in such a manner, psychologically you set yourself and others up for being mollified by cosmetic measures offered to guarantee the rights of US citizens while retaining the right to kill foreigners at will. Do you really believe that being a US citizen or being born in Denver makes someone more human?”

Since writing that I have come to realise that framing the issues as “Constitutional Rights” restricts and controls the discourse in a way that disempowers people considerably. Not only does all of the credit get given to the authority figures, but it emphasises those liberal rights of freedom from state interference over all else. But these were never even intended to be the rights of the poor, nor of women, nor the indigenous people, nor slaves. It is the English Whig tradition which had much to do with protecting privilege in the form of property, and little to do with universal notions of rights despite its pretensions. It would be preferable not to view this issue through the lens of the constitution at all, but rather through the lens of universal human rights. Or even better, targeted killings should be framed as violations of international law or criminal law. You don’t normally have to go to the supreme court to establish that a murder victim had a right to life under the US constitution, but it is accepted that the POTUS can murder whatever foreigner he wants because no one has yet established their constitutional right not to be murdered.

Of course, the Bill of Rights does not say at any stage that it is restricted to US citizens…

“…nor be deprived of life, liberty, or property, without due process of law….”

ADDENDUM – from a bit later.

I wrote a response to a comment which I feel may be superior to the actual article above. Becuase of this, and since the embedded videos did not come through on the comment, I am reprinting it here:

The inaptness of your analogies reveals the degree to which you are blinded to the reality and the extent to which you will fight to keep your own chains of mental slavery. People in other states do not automatically lack empathy in exactly the manner which you suggest. Distance does lessen empathy, and many other societies also dehumanise poorer peoples, traditional enemies, or those considered inferior due to culture, ethnicity, religion or race. However, the vast disparity in the way life is valued by those in the US, and the overtness of it, and the prominence of its repetition are without contemporary parallels. Chauvinism is a matter of degree, an the US is at the extreme end. It may not be alone in this, but it is alone in marrying this chauvinist patriotism (this exceptionalism) with a virulent militarism; and a military capacity beyond anything known to history; and an imperialist interventionism which brought about many millions of deaths.

To illustrate, let me use your first example of Nigerians and Canadians. If the Nigerian government had an assassination programme killing thousands of Canadians using missiles and refusing to give details of its justifications. A handful of Nigerians on Canadian soil had been killed and though many Nigerians opposed all such killings, much more mainstream public attention is devoted to those handful of Nigerians. The Nigerian victims generate several times more questions in Parliament, and 5- or 10-fold as many mainstream media mentions and editorial condemnations. And then, someone brings up the prospect that the Nigerian government might extend the programme to Nigerians on Nigerian soil. There is no ongoing programme to do so, like the ongoing assassination programme in Canada. There are no plans to do so. And an assassination of this type, using missiles to kill someone in Nigeria would lead to riots and the fall of the government. Yet somehow, in the mainstream discourse, this is what the Nigerians care most about, and even those who oppose the ongoing slaughter of Canadians join them in their cries of horror – because this barely hypothetical possibility, this empty signifier, this big fat nothing of no news at all, is taken as a sign of the dissolution of traditional Nigerian rights. Yeah, the cops can gun Nigerians down in the streets at will, but to kill them the same way you would kill a Canadian – what horror is this!

I’ll tell you how the world would react to this alternative world Nigeria, shall I? Nigeria would be an absolute pariah state. The Nigerian people would be viewed by most of the world with hostility, fear, suspicion and/or disgust. A rare few would pity them. The BBC and Al Jazeera English would compete to see who could make the most smug and pompous documentary about how the Nigerian Dream had turned into a poisonous sludge of fascistic nationalism, narrow-minded ignorance and violent xenophobia. The moderate Nigerians would object that that isn’t the real Nigeria, but the BBC and AJE microphones would be pointed at those other ones – the ones who say that all Canadians should be killed; the one’s who say that if they attack Nigerians again we should nuke them to show we mean business; and the ones who say that Canadians are Gods wrathful vengeance wreaked on Nigeria for straying from the path of righteousness. That is how we would see these Nigerians, even the ones that don’t say the mad things out loud must believe them inside because otherwise why would they continue to support valuing Nigerian lives over those of the victims of their own government. But what the Nigerians don’t understand is that those who are making monsters of them are also making fools of them.

I do not hold US citizens morally culpable for what their government does, nor even for their inhumane form of patriotism. It is the same as with the Germans of the Third Reich. On a purely intellectual level the claims of not knowing the basics of Nazi mass atrocities were untrue. The German people did know that their government was committing mass murder, but they were not the irrational Jew-hating monsters that Daniel Goldhagen would have people believe .They had systematically been indoctrinated and manipulated into a state of moral anaesthesia and psychological denial. Clear signals which should have let the Germans know immediately that their government was irredeemably monstrous were stripped of their real meaning – their ethical and moral significance. A seminal book about the creation of the national German consciousness by the Nazis was called They Thought They Were Free, here’s an extract:

But Then It Was Too Late

“What no one seemed to notice,” said a colleague of mine, a philologist, “was the ever widening gap, after 1933, between the government and the people. Just think how very wide this gap was to begin with, here in Germany. And it became always wider. You know, it doesn’t make people close to their government to be told that this is a people’s government, a true democracy, or to be enrolled in civilian defense, or even to vote. All this has little, really nothing, to do with knowing one is governing.

“What happened here was the gradual habituation of the people, little by little, to being governed by surprise; to receiving decisions deliberated in secret; to believing that the situation was so complicated that the government had to act on information which the people could not understand, or so dangerous that, even if the people could not understand it, it could not be released because of national security. And their sense of identification with Hitler, their trust in him, made it easier to widen this gap and reassured those who would otherwise have worried about it.

“This separation of government from people, this widening of the gap, took place so gradually and so insensibly, each step disguised (perhaps not even intentionally) as a temporary emergency measure or associated with true patriotic allegiance or with real social purposes. And all the crises and reforms (real reforms, too) so occupied the people that they did not see the slow motion underneath, of the whole process of government growing remoter and remoter.

Such was the German belief in German freedom, that part of their strategic calculation, and a widely held belief, was that Soviet soldiers would not put up much of a fight because, unlike Germans, they were unfree and thus deprived of initiative and sapped of will. You might well be thinking – ah, but this is exactly why we in the US must guard our constitutional rights, so that we guard our fundamental freedoms. But you are not guarding any real freedoms at all. You are just like those Germans. You have been led and manipulated, through your own excessive pride and self-importance, to fight for the meaningless fetish of a piece of paper while tyranny and rot spread throughout the entire regime from top to bottom. If you want to see the ugly militarist face of Western society, look at the excitement over the technology of death when a new war is launched. But if you want to see why the US slips into a different category, why the US looks more fascist than its allies, look at the celebrations of Osama Bin Laden’s death. Look at last year’s political conventions when if there was the slightest hint of protest or dissent the crowd around the protestor, without external direction, would begin chanting “U S A! U S A!” like hundreds of little kid blocking their ears and going “lalalalala I can’t here you”, but much, much scarier. What would you think if Mexicans started doing that at political rallies? Maybe you think it’s perfectly normal to do that and keep shouting “we’re number one!”, but no one else does it.

So they keep you on this track of patriotic rubbish and actually draw out and amplify the hypocritical and callous aspects of nationalism to make you accept the unacceptable. I have a good historical example, which has some currency at the moment thanks to Ritchie Cunningham. I love Arrested Development and I was brought up firm in the faith of Monty Python. Without David Frost there would never have been a Monty Python, yet I still consider him to be one of the most loathsome creatures ever to have slithered on the face of this Earth. Without Ron Howard there would have been no Arrested Development and though I doubt that Howard is as much of a scumbag as Frost, he nevertheless replicated quite faithfully Frost greatest crime against humanity. In a very famous series of interviews Frost talked to Richard Nixon (and Howard made a movie with the same punchline). Frost let Nixon rewrite history over and over again over many many hours of interviewing. He was not challenged on his crimes against humanity and his war crimes at all, but was able to contextualise all of his actions in his own apologetics without the slightest hint that he was a mass murderer responsible for hundreds of thousands of deaths in Cambodia alone (just the top of a very long list of serious crimes). Towards the end there came a dramatic breakthrough, which to my mind was clearly a pre-ordained and staged breakthrough. Nixon, under suddenly dogged interrogation, finally broke down and admitted to something. Voice utterly laden with sombre reluctance (really very overacted if you actually listen to it critically) Nixon admitted to lying and that he had “let the American people down”. In a horrible way, this was genius propaganda. The people of the US could suddenly feel like they were the real victims.

Well, this sort of propaganda is fundamental to everything now, especially under Obama. Not all of it appeals to pride, vanity, selfishness and fear. The US regime has become very good and harnessing far more positive energies into meaningless empty nonsense or, sometimes, things that are very important on a human level but ultimately pose no challenge to the structural status quo. Among these are greenwashing, gaywashing and femiwashing. These can have real effects on people’s lives, but above all they feed myths of US freedom and a higher level of development.

When you act like your Constitution is some divine idol to be worshipped, one which makes you society superior to those poor benighted nations that do not have this shining fount of justice; and when any of you decides to privilege concern for US life over the life of others; and whenever you have the gall to say that others do the same, you feed the regime that oppresses you. If you are going to be selfish, you might as well be more enlightened about it.