An amicus brief to a lawsuit filed against Roger Stone and the Trump campaign raises troubling questions over the right to political speech.
An invasion-of-privacy lawsuit, filed in July 2017 by a former DNC official and two Democratic donors, alleges that they suffered “significant distress and anxiety and will require lifelong vigilance and expense” because their personal information was exposed as a result of the e-mail hack of the DNC, which, the suit claims, was part of a conspiracy between Roger Stone and the Trump campaign.
According to a report in The New York Times published at the time of the suit’s filing, “Mr. Trump and his political advisers, including Mr. Stone, have repeatedly denied colluding with Russia, and the 44-page complaint, filed on Wednesday in the Federal District Court for the District of Columbia, does not contain any hard evidence that his campaign did.” (Emphasis added.)In a new development, in early December, 14 former high-ranking US intelligence and national-security officials, including former deputy secretary of state William Burns; former CIA director John Brennan; former director of national intelligence James Clapper; and former ambassador to Russia Michael McFaul (a longtime proponent of democracy promotion, which presumably includes free speech), filed an amicus brief as part of the lawsuit.
The amicus brief purports to explain to the court how Russia deploys “active measures” that seek “to undermine confidence in democratic leaders and institutions; sow discord between the United States and its allies; discredit candidates for office perceived as hostile to the Kremlin; influence public opinion against U.S. military, economic and political programs; and create distrust or confusion over sources of information.”
The former officials portray the amicus brief as an offering of neutral (“Amici submit this brief on behalf of neither party”) expertise (“to offer the Court their broad perspective, informed by careers spent working inside the U.S. government”).
The brief claims that Putin’s Russia has not only “actively spread disinformation online in order to exploit racial, cultural and political divisions across the country” but also “conducted cyber espionage operations…to undermine faith in the U.S. democratic process and, in the general election, influence the results against Secretary Hillary Clinton.”
According to the 14 former officials, Russia’s active-measure campaign relies “on intermediaries or ‘cut outs’ inside a country,” which are rather broadly defined as “political organizers and activists, academics, journalists, web operators, shell companies, nationalists and militant groups, and prominent pro-Russian businessmen.”
Such “intermediaries” can range from “the unwitting accomplice who is manipulated to act in what he believes is his best interest, to the ideological or economic ally who broadly shares Russian interests, to the knowing agent of influence who is recruited or coerced to directly advance Russian operations and objectives.”
In other words, a Russian “cut out” (or fifth columnist) can be defined as those “activists, academics, journalists, [or] web operators” who dissent from the shared ideology of the 14 signatories of the amicus brief.
In a recent essay for the London Review of Books, the historian Jackson Lears observed that “the religion of the Russian hack depends not on evidence but on ex cathedra pronouncements on the part of authoritative institutions and their overlords.” And this amicus brief is one such pronouncement.
In spite of the brief’s high-flown language (“The threat posed to our democracy by Russian active measures campaigns is serious, ongoing and will require vigilance on the part of the U.S. government and people”), it is little more than yet another effort to stigmatize political speech that questions the necessity of demonizing Russia—political speech, in other words, with which these former high-ranking intelligence and national-security officials surely disagree.
Professor Lears also observed that as regards Russiagate, “In its capacity to exclude dissent, it is like no other formation of mass opinion in my adult life, though it recalls a few dim childhood memories of anti-communist hysteria during the early 1950s.”
That is only too true; indeed, as of this writing, the Russia-Trump collusion narrative is fast devolving into an effort to stigmatize and marginalize expressions of dissent, with the overarching aim of short-circuiting and stifling debate over US-Russia policy.
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Indeed, and it is most interesting that any effort to avoid the stifling of dissent (even there where one may thoroughly disagree) reduces the chances for protest, exactly because the reactionary legal and governmental agencies are avid for detecting all signs of resistance so that they can close the contrary discussions. In fact, electronic communication has made this possible where before there was only a scarce information available from telephone and fax messages. Even this comment will end up in the databanks for further examination and such as the above ’amicus’ brief serves to emphasize the control that the nomenclature… Read more »
It has been interesting to watch as, while Russia-gate crumbles, much work has been going into creating Israel-gate. Well, scapegoating Israel (to avoid responsibility for what we Americans do) is more consistent with the American character. The US has a very long record of targeting small countries. Israel-gate — with it’s old-as-dirt claims of some sort of “Jewish influence” over our government — is just as illogical as Russia-gate. (Note that the US is one of the three top providers of weapons to the surrounding Arab countries, some of which seek to impose a 100% “pure” Moslem Mideast.) But no… Read more »