But here’s the thing: in our deluded state, Americans don’t tend to connect what we’re doing to others abroad and what we’re doing to ourselves at home. We refuse to see that the more than one trillion dollars that continue to go into the Pentagon, the U.S. Intelligence Community, and the national security state yearly, as well as the stalemated or losing wars Washington insists on fighting in distant lands, have anything to do with the near collapse of the American economy, job devastation at home, or any of the other disasters of our age. As a result, those porno-scanners and enhanced pat-downs are indignities without a cause—except, of course, for the terrorists who keep launching their bizarre plots to take down our planes.
And yet whatever inconvenience, embarrassment, or humiliation you suffer in an airport shouldn’t be thought of as something the terrorists have done to us. It’s what the American national-security state that we’ve quietly accepted demands of its subjects, based on the idea that no degree of danger from a terrorist attack, however infinitesimal, is acceptable. When it comes to genuine safety, anything close to that principle is absent from other aspects of American life where—from eating to driving to drinking to working—genuine danger exists and genuine damage is regularly done.
We now live not just with all the usual fears that life has to offer, but in something like a United States of Fear.
When George W. Bush and his cronies decided to sally forth and smite the Greater Middle East, they exulted that they were finally “taking the gloves off.” And so they were: aggressive war, torture, abuse, secret imprisonment, souped-up surveillance, slaughter, drone wars: there was no end to it. When those gloves came off, other people suffered first. But wasn’t it predictable—since wars have a nasty habit of coming home—that, in the end, other things would come off, and sooner or later they would be on you: your hat, your shoes, your belt, your clothes, and of course, your job, your world?
The imposition of more draconian safety and security methods is, of course, being considered for buses, trains, and boats. Can trucks, taxis, cars, and bikes be far behind? After all, once begun, there can, by definition, be no end to the search for perfect security. And what happens when the first terrorist with a suppository bomb is found aboard one of our planes? After all, such weapons already exist.
You Wanna Be Safer? Really?
You must have a friend who’s extremely critical of everyone else but utterly opaque when it comes to himself. Well, that’s this country, too.
Here’s a singular fact to absorb: we now know that a bunch of Yemeni al-Qaeda adherents have a far better hit on just who we are, psychologically speaking, and what makes us tick than we do. They have a more accurate profile of us than our leading intelligence profilers undoubtedly do of them. In November 2010 they released an online magazine laying out just how much the two U.S.-bound cargo-bay bombs that caused panic cost them: a mere $4,200 and the efforts of “less than six brothers” over three months. They even gave their plot a name, Operation Hemorrhage (and what they imagined hemorrhaging, it seems, was not American blood, but treasure).
Now, they’re laughing at us for claiming the operation failed because, reportedly thanks to a tip from Saudi intelligence, those bombs didn’t go off. “This supposedly ‘foiled plot,’” they wrote, “will without a doubt cost America and other Western countries billions of dollars in new security measures. That is what we call leverage.” They are, they claim, planning to use the “security phobia that is sweeping America” not to cause major casualties, but to blow a hole in the U.S. economy. “We knew that cargo planes are staffed by only a pilot and a copilot, so our objective was not to cause maximum casualties but to cause maximum losses to the American economy.”
This is a new definition of asymmetrical warfare. The terrorists never have to strike an actual target. It’s not even incumbent upon them to build a bomb that works. Just about anything will do. To be successful, they only have to repeatedly send things in our direction, inciting the Pavlovian reaction from the U.S. national security state, causing it to further tighten its grip (or grope) at yet greater taxpayer expense.
In a sense, both the American national security state and al-Qaeda are building their strength and prestige as our lives grow more constrained and our treasure vanishes.
So you wanna be safer? I mean, actually safer? Here’s a simple formula for beginning to improve American safety and security at every level. End our trillion-dollar wars in Afghanistan and Iraq. Begin to shut down our global empire of bases. Stop building grotesque embassy-citadels abroad (one even has a decorative moat!). End our overseas war-stimulus packages and bring some of that money home. In short, stop going out of our way to tick off foreigners and then pouring our treasure into an American war machine intent on pursuing a generational global war against them.
Of course, the U.S. national security state has quite a different formula for engendering safety in America: fight the Afghan War until hell freezes over, keep the odd base or two in Iraq, dig into the Persian Gulf region, send U.S. Special Operations troops into any country where a terrorist might possibly lurk, and make sure those drones aren’t far behind. In other words, reinforce our war state by ensuring that we’re eternally in a state of war, and then scare the hell out of Americans by repeatedly insisting that we’re in imminent danger, that shoe, underwear, and someday butt bombers will destroy our country, our lives, and our civilization. Insist that a single percent of risk is 1 percent too much when it comes to terror and American lives, and then demand that those who feel otherwise be dealt with punitively if they won’t shut up.
It’s a formula for leaving you naked in airports, while increasing the oppressive power of the state. And here’s the dirty, little, distinctly Orwellian secret: the national security state can’t do without those Yemeni terrorists, as well as our homegrown variety (and vice versa). All of them profit from a world of war. You don’t, however. And on that score, what happens in an airport line should be the least of your worries.
The national security state is eager to cop a feel. As long as we don’t grasp the connections between our war state and our “safety,” things will only get worse and, in the end, our world will genuinely be in danger.
Welcome to Postlegal America
Is the Libyan war legal? Was Osama bin Laden’s killing legal? Is it legal for the president of the United States to target an American citizen for assassination? Were those “enhanced interrogation techniques” legal? Each of these questions would seem to call out for debate, for answers. Or perhaps not.
Now you couldn’t call me a legal scholar. I’ve never set foot inside a law school, and in sixty-seven years only made it onto a single jury (dismissed before trial). Still, I feel at least as capable of responding to such questions as any constitutional law professor. My answer: they are irrelevant. Think of them as twentieth-century questions that don’t begin to come to grips with twenty-first-century American realities. In fact, think of them, and the very idea of a nation based on the rule of law, as symptoms of nostalgia for a long-lost republic. At least in terms of what used to be called “foreign policy,” and more recently “national security,” the United States is now a post-legal society.
It’s easy enough to explain what I mean. If, in a country theoretically organized under the rule of law, wrongdoers are never brought to justice and nobody is held accountable for possibly serious crimes, then you don’t have to be a constitutional law professor to know that its citizens actually exist in a postlegal state. If so, Is it legal is the wrong question to be asking, even if we have yet to discover the right one.