15. Julia Angwin et al., “AT&T Helped US Spy on Internet on a Vast Scale,” New York Times, August 15, 2015, http://www.nytimes.com/2015/08/16/us/politics/att-helped-nsa-spy-on-an-array-of-internet-traffic.html.
16. Statement of President Obama on the USA FREEDOM Act, https://www.whitehouse.gov/the-press-office/2015/06/02/statement-president-usa-freedom-act.
17. Alan Yuhas, “NSA Reform: USA FREEDOMAct Passes First Surveillance Reform in Decade—As It Happened,” Guardian, June 2, 2015, http://www.theguardian.com/us-news/live/2015/jun/02/senate-nsa-surveillance-usa-freedom-act-congress-live.
18. Mark Hosenball and Patricia Zengerle, “US Lawmakers Warn Proposed Changes Could Doom Spy Bill,” Reuters, June 1, 2015, http://www.reuters.com/article/2015/06/02/usa-security-surveillance-congress-idUSL1N0YN23X20150602.
19. The President’s Review Group on Intelligence and Communications Technologies et al., The NSA Report: Liberty and Security in a Changing World (Princeton, NJ: Princeton University Press, 2014), 118 and 119n118, report available at https://obamawhitehouse.archives.gov/blog/2013/12/18/liberty-and-security-changing-world.
20. Quoted in David Cole, “Can the NSA Be Controlled?,” New York Review of Books, June 19, 2014, 16.
9. TARGETING AMERICANS
1. Thomas C. Greene, “Database Snafu puts US Senator on Terror Watch List,” The Register, August 19, 2004, http://www.theregister.co.uk/2004/08/19/senator_on_terror_watch; Sara Kehaulani Goo, “Faulty ‘No-Fly’ System Detailed,” Washington Post, October 9, 2004, http://www.washingtonpost.com/wp-dyn/articles/A18735-2004Oct8.html; and “In First, Government Officially Tells ACLU Clients Their No Fly List Status,” ACLU, October 10, 2014, https://www.aclu.org/news/first-government-officially-tells-aclu-clients-their-no-fly-list-status?redirect=national-security/first-government-officially-tells-aclu-clients-their-no-fly-list-status.
2. Jeremy Scahill and Ryan Devereaux, “The Secret Government Rulebook For Labeling You a Terrorist,” The Intercept, July 23, 2014, https://theintercept.com/2014/07/23/blacklisted/; Steve Kroft, “Unlikely Terrorists On No Fly List,” CBS, October 8, 2006, http://www.cbsnews.com/news/unlikely-terrorists-on-no-fly-list/; US Department of Justice Office of the Inspector General Audit Division, “Follow-up Audit of the Terrorist Screening Center,” September 2007, https://oig.justice.gov/reports/FBI/a0741/final.pdf; Jamie Tarabay, “No-Fly List: FBI Says It’s Smaller Than You Think,” NPR, Morning Edition, January 26, 2011, http://www.npr.org/2011/01/26/133187841/the-no-fly-list-fbi-says-its-smaller-than-you-think; Jeremy Scahill and Ryan Devereaux, “Barack Obama’s Secret Terrorist-Tracking System, by the Numbers,” The Intercept, August 5, 2014, https://theintercept.com/2014/08/05/watch-commander/; Michelle Ye Hee Lee, “Democrats’ Misleading Claims about Closing the No-Fly List ‘Loophole,’” Washington Post, December 11, 2015, https://www.washingtonpost.com/news/fact-checker/wp/2015/12/11/democrats-misleading-claims-about-closing-the-no-fly-list-loophole/; and Stephen Dinan, “FBI No-Fly List Revealed: 81,000 Names, but Fewer than 1,000 Are Americans,” The Washington Times, June 20, 2016, http://www.washingtontimes.com/news/2016/jun/20/fbi-no-fly-list-revealed-81k-names-fewer-1k-us/. In addition, over six thousand United States citizens or permanent residents are on a separate Terrorist Watch List.
3. Jennifer Gonnerman, “Fighting for the Immigrants of Little Pakistan,” New Yorker, June 25, 2017, http://www.newyorker.com/magazine/2017/06/26/fighting-for-the-immigrants-of-little-pakistan; Ziglar v. Abbasi, 582 U.S. __ (United States Supreme Court, June 19, 2017), https://www.supremecourt.gov/opinions/16pdf/15-1358_6khn.pdf (detailing allegations by 84 detainees of solitary confinement, strip searches, sleep deprivation, and physical and verbal abuse, including wall slamming, broken bones, sexual humiliation, and other physical and mental abuse, see slip opinion at p.4).
4. Gonnerman, “Fighting for the Immigrants of Little Pakistan”; Maia Jachimowicz and Ramah McKay, “‘Special Registration’ Program,” Migration Information Source, April 1, 2003, http://www.migrationpolicy.org/article/special-registration-program#2a.
5. Chicago attorney Thomas Durkin has been litigating this issue strenuously in the Daoud case. See generally U.S. v. Daoud Seventh Circuit Opinion, 755 F.3d 479 (7th Cir. 2014); Patrick Toomey and Brett Max Kaufman, “The Notice Paradox: Secret Surveillance, Criminal Defendants, & the Right to Notice,” Santa Clara Law Review 54 (2015): 844–900; and William C. Banks, “Programmatic Surveillance and FISA: Needles in Haystacks,” Texas Law Review 88 (2010): 1633–667.
6. Christopher Ingraham, “Republican Lawmakers Introduce Bills to Curb Protesting in at Least 18 States,” Washington Post, February 24, 2017, https://www.washingtonpost.com/news/wonk/wp/2017/02/24/republican-lawmakers-introduce-bills-to-curb-protesting-in-at-least-17-states/.
7. Evan Osnos, “The Imam’s Curse: A Family Accused of Financing Terrorists,” New Yorker, September 21, 2015, 50.
8. Ibid., 52.
9. Ibid., 52 and 56.
10. Ibid., 52.
11. Ibid., 53 and 56.
12. Ibid., 54.
13. Ibid., 55.
14. Ibid., 58 and 56.
15. Manny Fernandez and Christine Hausersept, “Handcuffed for Making Clock, Ahmed Mohamed, 14, Wins Time With Obama,” New York Times, September 16, 2015, http://www.nytimes.com/2015/09/17/us/texas-student-is-under-police-investigation-for-building-a-clock.html; Matthew Teague, “Ahmed Mohamed Is Tired, Excited to Meet Obama—and Wants His Clock Back,” Guardian, September 17, 2015, http://www.theguardian.com/us-news/2015/sep/17/ahmed-mohamed-is-tired-excited-to-meet-obama-and-wants-his-clock-back; Sebastian Murdock, “Police Knew Ahmed Didn’t Have A Bomb, Arrested the Teen Anyway,” Huffington Post, September 18, 2015, http://www.huffingtonpost.com/entry/ahmed-mohamed-police-not-bomb_55fc4510e4b08820d9187013; and Joanna Walters, “Texas Teen Arrested Over Homemade Clock Gets It Back Days Before Leaving US in New York,” Guardian, October 24, 2015, http://www.theguardian.com/us-news/2015/oct/24/texas-teen-ahmed-mohamed-gets-homemade-clock-back.
16. Lauren Gambino, “Ahmed Mohamed Meets Sudanese President with Whom Father Had Rivalry,” Guardian, October 16, 2015, http://www.theguardian.com/world/2015/oct/16/ahmed-mohamed-sudan-president-omar-al-bashir-texas-clock.
17. MSNBC Live interview, available at Murdock, “Police Knew Ahmed.”
18. Jeffrey Fagan and Bernard Harcourt, “Fact Sheet in Richmond County (Staten Island) Grand Jury in Eric Garner Homicide,” http://www.law.columbia.edu/social-justice/forum-on-police-accountability/facts/faqs-eric-garner; Sandhya Somashekhar and Kimbriell Kelly, “Was Michael Brown Surrendering or Advancing to Attack Officer Darren Wilson?,” Washington Post, November 29, 2014, https://www.washingtonpost.com/politics/2014/11/29/b99ef7a8-75d3-11e4-a755-e32227229e7b_story.html; Department of Justice, Department of Justice Report Regarding the Criminal Investigation into the Shooting Death of Michael Brown by Ferguson, Missouri Police Officer Darren Wilson, March 4, 2015, https://www.justice.gov/opa/pr/justice-department-announces-findings-two-civil-rights-investigations-ferguson-missouri; Jeremy Gorner et al., “Most of Chicago Police Force Ordered into Uniform As City Prepares for Video Release,” Chicago Tribune, November 24, 2015, http://www.chicagotribune.com/news/local/breaking/ct-chicago-police-laquan-mcdonald-shooting-video-release-20151123-story.html; and Dan Good, “Chicago Police Officer Jason Van Dyke Emptied His Pistol and Reloaded As Teen Laquan McDonald Lay on Ground During Barrage; Cop Charged with Murder for Firing 16 times,” New York Daily News, November 24, 2015, http://www.nydailynews.com/news/national/shot-laquan-mcdonald-emotionless-court-arrival-article-1.2445077.
19. Chris Hayes, A Colony in a Nation (New York: W.W. Norton & Company, 2017), 67.
20. Niraj Chokshi, “Militarized Police in Ferguson Unsettles Some” (see especially video “What Weapons Are Police Using in Ferguson?”: https://www.washingtonpost.com/politics/militarized-police-in-ferguson-unsettles-some-pentagon-gives-cities-equipment/2014/08/14/4651f670-2401-11e4-86ca-6f03cbd15c1a_story.html?utm_term=.985b860733da); Paul D. Shinkman, “Ferguson and
the Militarization of Police: Camo-Clad Snipers Trained on Michael Brown Protesters Elicits Concern from Americans, Including Iraq, Afghanistan Vets,” US News & World Report, August 14, 2014, https://www.usnews.com/news/articles/2014/08/14/ferguson-and-the-shocking-nature-of-us-police-militarization; and for descriptions of these weapons and their dissemination in police forces around the country, see Apuzzo, “War Gear Flows to Police Departments.”
21. Hayes, A Colony in a Nation, 69.
22. Ibid., 83.
23. Ibid., 31 and 76.
24. Section 3(c) of Executive Order 13769 states that “the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States,” and it therefore “suspend[s] entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order.” The seven countries that fit the criteria in 8 U.S.C. § 1187(a)(12) include Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. See also State of Washington v. Donald J. Trump et al., No. 17-35105, Order on Motion for Stay of an Order (9th Cir. February 9, 2017), slip opinion at 3-5.
25. Jennifer Gonnerman, “A Syrian Doctor with a Visa Is Suing the Trump Administration,” New Yorker, February 1, 2017, http://www.newyorker.com/news/news-desk/a-syrian-doctor-with-a-visa-is-suing-the-trump-administration. Thomas Durkin, Robin Waters, and I represented Dr. Al Homssi. After filing a federal lawsuit, Dr. Al Homssi was allowed to reenter the country. See Jennifer Gonnerman, “A Syrian Doctor Returns to Illinois,” New Yorker, February 2, 2017, http://www.newyorker.com/news/news-desk/a-syrian-doctor-returns-to-illinois.
26. Glenn Kessler, “The Number of People Affected by Trump’s Travel Ban: About 90,000,” Washington Post, January 30, 2017, https://www.washingtonpost.com/news/fact-checker/wp/2017/01/30/the-number-of-people-affected-by-trumps-travel-ban-about-90000/?utm_term=.a5924c5718b4.
27. “Donald J. Trump Statement on Preventing Muslim Immigration,” December 7, 2015, formerly online at https://www.donaldjtrump.com/press-releases/donald-j.-trump-statement-on-preventing-muslim-immigration; and Christine Wang, “Trump Website Takes Down Muslim Ban Statement After Reporter Grills Spicer in Briefing,” CNBC, May 8, 2017, http://www.cnbc.com/2017/05/08/trump-website-takes-down-muslim-ban-statement-after-reporter-grills-spicer-in-briefing.html.
28. Exhibits 2 and 3 to the complaint filed by the State of Washington in State of Washington v. Donald Trump et al., Civ. Action # 2:17-cv-00141, Complaint for Declaratory and Injunctive Relief filed on January 30, 2017; and Elina Saxena, “Highlights from the 6th GOP Presidential Debate,” Lawfare, January 15, 2016, https://www.lawfareblog.com/highlights-6th-gop-presidential-debate.
29. Haeyoun Park, “Millions Could Be Blocked From Entering the US Depending on How Trump Would Enforce a Ban on Muslim Immigration,” New York Times, December 22, 2016, https://www.nytimes.com/interactive/2016/07/22/us/politics/trump-immigration-ban-how-could-it-work.html; Greg Sargent, “Is This a ‘Muslim Ban’? Look at the History—and at Trump’s Own Words,” Washington Post, January 31, 2017, https://www.washingtonpost.com/blogs/plum-line/wp/2017/01/31/is-this-a-muslim-ban-look-at-the-history-and-at-trumps-own-words; Exhibit 4 to complaint filed by the State of Washington in State of Washington v. Donald Trump et al., Civ. Action # 2:17-cv-00141.
30. See Exhibit 5 to complaint filed by the State of Washington in State of Washington v. Donald Trump et al., Civ. Action # 2:17-cv-00141, video at https://www.c-span.org/video/?4139771/donald-trump-delivers-foreign-policy-address, remarks at 50:46.
31. Tim Brown, “President Trump: We’re Going to Help Persecuted Christians,” Washington Standard, January 28, 2017, http://thewashingtonstandard.com/president-trump-going-help-persecuted-christians/.
32. See complaint at https://www.cairflorida.org/newsroom/press-releases/769-cair-complaint-for-injunctive-and-declaratory-relief-and-jury-demand-challenging-trump-s-executive-orders.html.
33. Mark Berman, “Donald Trump Says Muslims Should Report Suspicious Activity. The FBI Says They Already Do,” Washington Post, October 9, 2016, https://www.washingtonpost.com/politics/2016/live-updates/general-election/real-time-fact-checking-and-analysis-of-the-2nd-2016-presidential-debate/donald-trump-says-muslims-should-report-suspicious-activity-the-fbi-says-they-already-do/?utm_term=.bc6266442833; Mark Hensch, “Trump Won’t Rule Out Database, Special ID for Muslims in US,” The Hill, November 19, 2015, http://thehill.com/blogs/ballot-box/presidential-races/260727-trump-wont-rule-out-database-special-id-for-muslims; and Dean Obeidallah, “Donald Trump’s Horrifying Words About Muslims,” CNN, November 21, 2015, http://www.cnn.com/2015/11/20/opinions/obeidallah-trump-anti-muslim/.
34. Trump v. Hawai’i, 582 U.S. __, Order in Pending Case No. 16-1540 (US July 19, 2017), https://www.supremecourt.gov/orders/courtorders/071917zr_o7jp.pdf.
35. Chamayou discusses this very astutely from pages 67 to 72 of his book A Theory of the Drone. See also Sitaraman, The Counterinsurgent’s Constitution, 32–34.
36. Chamayou, A Theory of the Drone, 68.
37. Ibid.
10. DISTRACTING AMERICANS
1. Andrew J. Bacevich, “He Told Us to Go Shopping. Now the Bill Is Due,” Washington Post, October 5, 2008, http://www.washingtonpost.com/wp-dyn/content/article/2008/10/03/AR2008100301977.html.
2. “President Bush’s News Conference,” New York Times, December 20, 2006, http://www.nytimes.com/2006/12/20/washington/20text-bush.html.
3. Andrew Sullivan, “I Used to Be a Human Being,” New York magazine, September 18, 2016, http://nymag.com/selectall/2016/09/andrew-sullivan-technology-almost-killed-me.html.
4. Evgeny Morozov, The Net Delusion: The Dark Side of Internet Freedom (New York: PublicAffairs, 2012).
5. Joseph Lawless has written a remarkable text on the dating application Grindr in relation to questions of torture and confession. See Joseph Lawless, “The Viral Inquisition of the HIV-Positive Body: Theorizing the Technologies of Torture and Confession on Grindr,” http://columbia.academia.edu/JosephLawless.
6. Sullivan, “I Used to Be a Human Being.”
7. Ibid.; Sally Andrews et al., “Beyond Self-Report: Tools to Compare Estimated and Real-World Smartphone Use,” PLOS ONE, October 28, 2015, https://doi.org/10.1371/journal.pone.0139004; and Carolyn Gregoire, “You Probably Use Your Smartphone Way More Than You Think. Many Young Adults Spend a Third of Their Waking Lives on Their Device,” Huffington Post, November 2, 2015, http://www.huffingtonpost.com/entry/smartphone-usage-estimates_us_5637687de4b063179912dc96.
8. Bernard E. Harcourt, “The Invisibility of the Prison in Democratic Theory: A Problem of ‘Virtual Democracy,’” The Good Society 23, no. 1 (2014): 6–16; and Harcourt, Exposed, 253–261.
9. Stephen Battaglio, “First Clinton-Trump Matchup Breaks Presidential Debate Record with 84 Million TV Viewers,” Los Angeles Times, September 27, 2016, http://www.latimes.com/entertainment/envelope/cotown/la-et-ct-debate-ratings-20160927-snap-story.html.
10. Van Jones, “Trump: The Social Media President?,” CNN, October 26, 2015, http://www.cnn.com/2015/10/26/opinions/jones-trump-social-media/.
11. Nick Gass, “Trump Wins Night on Search and Social,” Politico, January 29, 2016, http://www.politico.com/blogs/live-from-des-moines/2016/01/donald-trump-social-search-engine-218391#ixzz41Zf7yD2d.
12. Kimberly Alters, “Donald Trump’s Social Media Strategy? ‘Be Associated with Interesting Quotes,’” The Week, February 28, 2016, http://theweek.com/speedreads/609090/donald-trumps-social-media-strategy-associated-interesting-quotes.
13. Van Jones, “Trump: The Social Media President?”
14. Taylor Weatherby, “‘Damn Daniel’ Star Recreates His Viral Video with Ellen DeGeneres—Watch,” Hollywood Life, February 23, 2016, http://hollywoodlife.com/2016/02/23/damn-daniel-ellen-degeneres-interview-viral-video/.
15. “Damn Daniel” official video, https://youtu.be/tvk89PQHDIM.
16. Taylor Weatherby, “‘Damn Daniel
’: Rappers Create Epic Song After Video Goes Viral—Listen,” Hollywood Life, February 21, 2016, http://hollywoodlife.com/2016/02/21/damn-daniel-song-rap-viral-video-listen/; and “Damn Daniel! RAP SONG! Little Feat. Teej & LeBlanc (ORIGINAL),” https://www.youtube.com/watch?v=CjlUVvGGE5A.
17. “Suhmeduh—Damn Daniel Trap Remix (Official),” https://www.youtube.com/watch?v=gP2ejq9Qp6o#t=43.
18. Alyssa Montemurro, “Justin Bieber & 6 Other Celebs Rocking the White Vans Like ‘Damn, Daniel,’” Hollywood Life, February 26, 2016, http://hollywoodlife.com/2016/02/26/celebrities-wearing-white-vans-damn-daniel-shoes-pics/.
19. Katie Rogers, “We Should Probably Have a Conversation About ‘Damn, Daniel,’” New York Times, February 25, 2016, http://www.nytimes.com/2016/02/26/style/damn-daniel-video-vans.html.
20. Beth Shilliday, “Damn Daniel Petrified He Might Get ‘Swatted’ Like Joshua Holz After Newfound Fame,” Hollywood Life, February 26, 2016, http://hollywoodlife.com/2016/02/26/damn-daniel-swatting-viral-video-teen-afraid/.
21. “Damn Daniel! RAP SONG! Little Feat. Teej & LeBlanc (ORIGINAL).”
22. Trinquier, Modern Warfare, 24 and 25.
23. Paret, French Revolutionary Warfare, 5.
24. Paret and Shy, Guerrillas in the 1960’s, 19.
25. Greenberg and Dratel, eds., The Torture Papers, 134 (Memo 11, dated February 7, 2002).
11. THE COUNTERREVOLUTION IS BORN
1. It is The Counterrevolution, and not the revolution, this time around, that seems to have been “inwardly working ever forward,” to borrow Hegel’s words; and, defying Marx’s prediction, it is the advent of The Counterrevolution that might prompt us to respond, this time perplexedly, “Well grubbed, old mole!” History has perhaps reversed itself, or we are one step closer to the next stage—or, as I suggest in conclusion, we face an endless struggle against recurring forms of tyranny. G.W.F. Hegel, Lectures on the History of Philosophy vol. 3, trans. E. S. Haldane and Frances H. Simson (New York: The Humanities Press, 1974), 547; Karl Marx, The Eighteenth Brumaire of Louis Bonaparte, in The Marx-Engels Reader, 2nd ed., ed. Robert C. Tucker (New York: W.W. Norton & Company, 1978), 606; cf. William Shakespeare, Hamlet, ed. Sylvan Barnet, 2nd rev. ed. (New York: Signet Classics, 1998), act 1, scene 5, p. 33.
The Counterrevolution Page 29