Tigerpapers

Pondering the palimpsest and panoply of the planet.

The Death Penalty and State-Sanctioned Violence

(published originally at Wrath-Bearing Tree June 2015)

A confluence of recent events has led to the practice of capital punishment in America becoming a matter of greater public interest and debate for the first time in several decades. Foremost among these events is the trial and sentencing of the younger of two brothers responsible for the Boston Marathon bombing. Another is the undiminished zeal by some state authorities to execute men whose guilt or mental competence was less than firmly established, leading to grassroots protests and calls for clemency. Yet another development is the European boycott of lethal injection drug manufacture, leading some desperate states to resort to more traditional methods of execution such as hanging and the firing squad. In this essay I will lay out some reasons why I believe it is about time America followed in the footsteps of every other developed society on Earth and had this debate as well.

Despite Mark Twain’s memorable quip against the usefulness of statistics, I will open my argument with a few well-chosen figures to put things into perspective. America is the only country in the western hemisphere to use capital punishment, and out of 34 industrialized democratic countries, America is one of three to still use the practice (along with Japan and Singapore); in fact, there are only 26 of 208 countries worldwide that actively practice capital punishment. America has executed 1408 people since 1976, when the Supreme Court’s temporary moratorium was ended (The story of the first person executed after this 4-year hiatus was chronicled in Norman Mailer’s The Executioner’s Song). There are currently over 3000 people on death row; even though African-Americans make up only 12% of the total population, 41% of those on death row are African-American. To put the total prison population in perspective, America has only 4% of the world’s population but has a full 25% of the world’s prisoners–well over 2 million, mostly for non-violent, especially drug-related offenses. 31 states and the Federal Government currently use capital punishment, and the average time spent on death row going through the appeals process and waiting for execution is around 15 years, all of which is passed by the prisoner locked away in a small concrete cell with virtually no human contact. The Federal Government has executed 3 people since 1976; the Oklahoma City bombing terrorist was one of them, and the surviving Boston Marathon bombing terrorist would presumably be the next one. Public opinion has generally been strongly in favor of the death penalty in America, but a 2010 poll showed that when people were asked to choose between capital punishment and life imprisonment without parole, the results were 49% versus 46% respectively. As more Americans become aware of the problems with capital punishment as it becomes more of a public issue, I have no doubt that those figures will begin to reverse (case in point: last month the Nebraska State Legislature overrode the governor’s veto to end the practice of capital punishment in that state).

Dzhokhar Tsarnaev was a 19-year-old college student at the time he collaborated with his older brother in carrying out the Boston Marathon bombing. There is no question of his guilt and need to be punished harshly. The verdict of the death penalty, however, is highly questionable at best. Massachusetts is one of a minority of states which do not practice capital punishment and where the majority of citizens are opposed to it. As an act of domestic terrorism, Tsarnaev was not on trial by the state of Massachusetts; rather, he was tried by the Federal Government, which does follow the practice, even if very rarely.

Why, then, was the trial not moved outside of the jurisdiction of Massachusetts to anywhere else in the country, given the difficulty of an impartial jury in a state rocked by such a traumatic and emotional event? Supporters of the death penalty argue that it brings closure and justice to the victims, but this case is far from over and this much-sought closure, however bloodthirsty and ultimately unsatisfying to the victim’s family, could be decades away. Whereas a life sentence without parole is a cut-and-dry affair with little room for doubt that justice is being served, the death penalty almost always means that the full appeals process will be used, meaning that trials and sentencing can carry on for years and years with no resolution.

This is where Tsarnaev is heading, so even if you are someone who will feel better seeing him executed, you have a long wait ahead of you, as his lawyers will fight the death penalty to the very end. Would you not rather find justice was sufficiently served by putting him away for life in a maximum security prison with little to no human contact or sunlight for the rest of his life, and never think of him again? To me, both cases are barbaric, but only the death penalty gives the power of life and death to the state. This is a power we must ask ourselves if we are ready to give up.

Tsarnaev was by all accounts an intelligent and not abnormal 19-year-old university student who was radicalized by his older brother and the family and cultural circumstances he grew up in. I cannot imagine the horror of life behind bars in the type of maximum security prison I described above, but that is where he should go to live out whatever life he will have there. To my mind, this is the farthest step that the state can take in the pursuit of punishment and justice. The moral authority of handing out death penalties is not one that should have ever been in the hands of the state. Christians and Jews should remember that even the vengeful God of the Old Testament reserved the right to punishment: “Vengeance is mine, I will repay”–a decree repeated as the memorable epigraph to Anna Karenina by the notable pacifist author Tolstoy.

Tolstoy himself fought in the service of the Russian Empire against the Muslim Tatars and wrote about the violent wars between the Christians and Muslims in the Caucasus region that have continued for at least 200 years. Tsarnaev’s family come from the Caucasus area of Chechnya which has been violently repressed for decades (centuries, in fact) by Russia. To understand is not to excuse, but every act of violence only perpetuates future violence. From such a background, it is not surprising that Tsarnaev could be convinced to continue the bankrupt path of jihad against real or perceived aggressors against his homeland or his religion; the tragedy is that this path was chosen over another one in which such a young man could have finished his studies and found a peaceful and prosperous way out of the maze of terror that he saw around him.

His execution by the U.S. Federal Government will do nothing to break the cycle of violence of such young men, and could in all likelihood further incite the hatred and search for vengeance for those poor, misguided young men around the world who see America and Western society as an evil target to be fought. In one sense, he would become one more martyr in an ongoing conflict in which there are already more than enough of these to fan the flames of extremism. Like I said before, the case is not closed and you will be seeing it in the news for years to come during the lengthy and likely controversial appeals process that will ultimately decide Tsarnaev’s fate. If capital punishment were not an option (as would be the case if he were tried by the state of Massachusetts, for example), the case would already be over, he would be sent to languish in prison for the rest of his days, and few who weren’t directly affected by his crimes would ever think of him again.

Furthermore to my thesis, even if we grant that the state or federal government has authority over life and death and can execute people whenever they see fit, there is then the question of where to draw the line in who is eligible for execution and how it can be guaranteed that they are truly guilty. The issues this raises should give us just as much pause as whether or not capital punishment is valid at all. There could even exist a strong case for the use of capital punishment (though I disagree), but a situation in which it could not be used in practice because the legal and justice system lacks the ability to prove its worth. I doubt that anyone (with the possible exception of the former governor of Texas) will feel assured that justice is done in 100% of court cases; that is, no one contends that human error, whether by state-appointed lawyers, juries, or judges, never occurs.

We must also dismiss the possibility that racism or other forms of discrimination never take place in the trials and sentencing of millions of accused offenders per year in America. Intuitional and anecdotal evidence is more than enough to raise doubt that pure justice exists in America. If there is the chance that even a single innocent person is found guilty, surely others who share my idealistic and humanistic love of justice will feel that there is no way the death penalty can ever be a real punitive option in a just society.

The fact is that hundreds of convicts have been released after years or decades of imprisonment due to faulty charges, incompetent lawyers, or biased juries, and most likely thousands more sit pining away in dark cells for crimes that they did not commit. Their only hope is that friends, family, and seekers of justice will one day shine the light on their case and win them the freedom they deserve, along with a hefty financial reimbursement. To those who were put to death, no such recourse or reprieve exists, and it is more than likely that no one will ever even know that they may have been innocent. They will never have the chance to clear their name, since it is not in the state’s interest to conduct or even allow inquiries into a case after the execution has been carried out. There are many notable cases in recent memory of just such a thing, especially the 2004 execution of Cameron Willingham by the state of Texas and the 2011 execution of Troy Davis by the state of Georgia.

Such cases also shed light on the power wielded by states, in the form of the governor, whose word in these cases is law, and whose power to stay executions also means that they single-handedly hold the power over life and death. The callous disregard toward troubling death row cases expressed recently by the governors of Texas, Oklahoma, and Georgia, to name only three, should be more than enough to cast doubt not only on the state’s moral authority to kill fellow humans, but that such authority will even be used with the highest respect, consideration, and humanity that it deserves. Instead, we witnessed then-Governor Rick Perry of Texas on the Republican Party debate stage in 2012 saying that he had zero doubt that any of the 278 executions he personally approved and oversaw while in office were less than fully just (despite the prominent case of Willingham mentioned above and the 2014 execution of severely mentally ill convict Scott Panetti). His successor as governor of that state, Greg Abbott, enthusiastically ignored the pleas of the U.S. Justice Department to grant even a temporary stay of execution to a Mexican citizen in 2014, one of over 50 cases in Texas where Mexican citizens have been punished or even executed without having been provided legal counsel by the Mexican consulate.

My final point is about the barbarity, and thus unconstitutionality, of the death penalty both in theory and practice. The Eighth Amendment to the Bill of Rights protects against cruel and unusual punishment, and I would argue that the death penalty is the ultimate cruel and unusual punishment and a violation of the enlightened idea of human rights. If we consider the specific details of how death penalties are actually carried out, there should be no remaining doubt about its illegitimacy as nothing less than state-sponsored murder.

The electric chair was—for almost a century—the dominant method of execution in America. A long series of botched executions and malfunctioning equipment gradually led to the use of lethal injection, which has been favored by all states that practice the death penalty since the 1990s. This has typically been a three-drug cocktail that has the benefit of appearing painless and medically sound. It is neither, in fact. It is a method chosen by lawyers and politicians rather than doctors, who are actually sworn under the Hippocratic oath to not harm patients. Over 7% of lethal injections since 1990 have been botched, resulting in long and painful deaths. This was most notoriously seen in the case of the 2014 execution by the state of Oklahoma of Clayton Lockett. You can read the gruesome details of that case in this goosebump-inducing exposé in The Atlantic.

In 2010, the only American-based company that produced the third ingredient in the cocktail, sodium thiopental, was forced by the FDA to stop production due to contamination. States began to scour the globe for other pharmaceutical companies to meet their lethal needs, but were soon foiled when the companies and governments in question discovered the desired use of these exports. A company in Denmark that produced a drug for animals was the last hope of these states; when it was discovered that the drugs were destined for capital punishment in America, this company, too, stopped its distribution. Most states now have a small stockpile of the drugs needed to perform executions, but only enough to last a few years.

The employment of these substitute drugs has been brutal and horrific as well, as documented in the case of Clayton Lockett above. For better or for worse, states are starting to approve a “regression” (if such a term can mean going backwards from something already backwards) to earlier and more visual forms of execution such as the electric chair and the firing squad. To me, and most people who examine the evidence, there is no doubt that the death penalty is cruel and unusual punishment in practice.

Let us now consider the psychological aspect. I mentioned above that the current average waiting time for death row inmates stands at about 15 years. Even if we were to grant the validity of the death penalty for capital crimes, murder and capital punishment are by no means the same thing. I’ll refer to a quote by Albert Camus for an explanation of this: “But what is capital punishment if not the most premeditated of murders, to which no criminal act, no matter how calculated, can be compared? If there were to be a real equivalence, the death penalty would have to be pronounced upon a criminal who had forewarned his victim of the very moment he would put him to a horrible death, and who, from that time on, had kept him confined at his own discretion for a period of months. It is not in private life that one meets such monsters.” If we substitute “a period of months” for “a period of decades”, and also imagine that confinement means a total isolation in a small blind cell, we should conclude that this is quite obviously cruel and unusual punishment and most likely much worse than the original crime. We can argue about some of the conditions of punishment and incarceration while still stopping well short of state-sanctioned murder, which is all that capital punishment really is. Max Weber defined the state as “the rule of men over men based on the means of legitimate, that is allegedly legitimate, violence.” This is most readily seen in the use of war or threat of war against other nations, and the use or threat of capital punishment in domestic cases. I would argue that the former is occasionally necessary to preserve world order, while the latter is beyond all authority of a state against its citizens.

Lex talionis has certainly been both the normative and the most intuitive system of justice in all human societies until the relatively recent development of due process based on “innocent until proven guilty” and variable incarceration. Further examination shows why retributive punishment can never really be just. Although many people would argue that a murderer should be condemned to die himself, this will do nothing to bring back the victim. According to statistics of violence and imprisonment in America, it obviously does little to dissuade future murderers from carrying out future crimes. If punishment, the death penalty in this case, does not stop criminals from breaking the law, then one of the main justifications for such punishment holds no water. There is no study which has convincingly shown that the death penalty leads to less crime, so this utilitarian argument falls flat. In crimes other than murder, how will justice be perfectly administered so as to punish for specific crimes. An eye for an eye, or a life for a life has a certain grim logic (though I don’t agree with it), but how can this logic be applied to non-lethal and non-violent crimes? What if there are mitigating circumstances, such as a criminal who is homeless or in extreme poverty, or was himself a victim of gross injustice? The fact is that retributive justice is a system which will only perpetuate a vengeful and bloodthirsty society rather than stop.  America needs to open its eyes and see that we are better than this.

What I Read in 2016: 100 Books

In spite of the seemingly endless bad news that pounded us into submission this year, one great personal satisfaction for me is that I enjoyed by far the best and most inspired year of reading of my life, in terms of quality and quantity. This is the third edition of my project to catalogue and publish my annual reading list. You can see the 2014 list here and the 2015 list here. An unforeseen benefit of this project is that my reading has become more focused, more planned, and more thoughtful. I would recommend to everyone to try keeping a reading list with notes and see if it makes a positive difference of any kind. This year’s reading was heavy on post-war and contemporary Anglophone literature, including plenty of Booker Prize candidates and the like; also, I continued deeper into African and African-American literature that I started exploring last year; also, classic French literature (after which, I can say that all in all I prefer the Russians). Not included on the list are a handful of academic works regarding ESL teaching for my ongoing Cambridge Delta diploma. Without further ado, here are the 100 (or so) books I read this year, nearly all of which I greatly enjoyed, and many of which were truly outstanding:

Full-Length Books (Paper or Ebook)

1. Lucky Jim—Kingsley Amis

2. A House for Mr Biswas—V.S. Naipaul
3. In a Free State—V.S. Naipaul
4. A Bend in the River—V.S. Naipaul
5. Age of Iron—J.M. Coetzee

The last of these is just as great as his Waiting for the Barbarians or Disgrace, and should be more acknowledged. Between Naipaul and Coetzee, the latter is more compelling to me.

6. Mountolive—Lawrence Durrell
7. Clea—Lawrence Durrell

I finished these last two novels of the Alexandria Quartet after reading one book each of the last two years. This work is absolutely magnificent writing and a hugely underrated classic.

8. Midnight’s Children—Salman Rushdie
9. The Siege of Krishnapur—J.G. Farrell

These two complement each other nicely; the latter should be more well-known.

10. Memoirs—Giuseppe Garibaldi (with Alexandre Dumas)
11. Autobiography—Giuseppe Garibaldi
12. Garibaldi and the Defense of Rome—George Trevelyan
13. Garibaldi: A Life in Brief—Denis Mack Smith
14. Cavour—Denis Mack Smith
15. Mazzini—Denis Mack Smith

All of these historical and biographical books focus on the Italian Risorgimento as part of ongoing research for my own writing project.

16. The White War: Life and Death on the Italian Front 1915-1919—Mark Thompson

I reviewed this book here.

17. Billy Budd—Herman Melville

18. In Patagonia—Bruce Chatwin

19. Sapiens: A Brief History of Humankind—Yuval Noah Harari
20. Countdown: Our Last Best Hope for a Future on Earth?—Alan Weisman

I reviewed these two books here.

21. The General in his Labyrinth—Gabriel Garcia Márquez
22. Autumn of the Patriarch—Gabriel Garcia Márquez
23. Pedro Páramo—Juan Rulfo

24. Why Does the World Exist—Jim Holt
25. What We Cannot Know: Explorations at the Edge of Knowledge—Marcus du Sautoy

I reviewed these two books here.

26. The Last Stand: Custer, Sitting Bull, and the Battle of the Little Bighorn—Nathaniel Philbrick
27. Why Read Moby-Dick?— Nathaniel Philbrick
28. Bury My Heart at Wounded Knee—Dee Brown
29. Crazy Horse: The Strange Man of the Oglalas—Mari Sandoz

I discussed these books in my essay Crazy Horse and the Legacy of the American Indian Genocide

30. The Social Conquest of Earth—E.O. Wilson
31. The Meaning of Human Existence—E.O. Wilson

I reviewed these two books here.

32. Stoning the Devil—Garry Craig Powell

This is a fantastic “novel in stories” set in United Arab Emirates. Very moving and memorable, and a unique piece of work.

33. The Road Ahead—Adrian Bonenberger, Brian Castner (editors)

This is a collection of 24 short stories set around the Afghanistan and Iraq wars by veteran writers. I am the author of one of the stories, “Hadji Khan.”

34. Green on Blue—Elliot Ackerman

Incredible and powerful novel set during the ongoing Afghanistan war (where I also spent two years) by one of the authors in The Road Ahead (above).

35. Society Ludvika: Separatists of Smith, Sorcery, and Sea—Hugo Hennegau

This is a debut poetry collection, self-published by one of my friends (using a nom de plume). I am highly unqualified to comment on poetry, but this has to be one of the most original, sophisticated, and enigmatic works in recent years.

36. How to Live: A Life of Montaigne in One Question—Sarah Bakewell
37. How Proust can Change Your Life—Alain de Botton

Two similarly fascinating books discussing the lives of works of two of the greatest French writers. Related to my essay Philosophy as the Art of Dying.

38. The Remains of the Day—Kazuo Ishiguro
39. An Artist of the Floating World—Kazuo Ishiguro
40. Never Let Me Go—Kazuo Ishiguro
41. The Buried Giant—Kazuo Ishiguro
42. The Unconsoled—Kazuo Ishiguro
43. When We Were Orphans—Kazuo Ishiguro
44. Nocturnes—Kazuo Ishiguro

I read basically everything by this writer in one go. I will say more about these in a future review, but he is well-worth reading.

45. Snow Country—Yasunari Kawabata

46. The Sense of an Ending—Julian Barnes

Incredibly crisp style.

47. Flaubert’s Parrot—Julian Barnes
48. The End of the Affair—Graham Greene

After reading The Heart of the Matter last year, I happened to read this directly after Barnes’ The Sense of an Ending (above) and noticed that the plots were very similar.

49. Money—Martin Amis

I actually did not enjoy this book very much, and will be slow to read more from this writer. It is surely a useful a relevant book to keep in mind during the upcoming Trump administration (readers will probably understand why, as far as it is thematically related to American Psycho).

50. Amsterdam—Ian McEwan
51. Atonement—Ian McEwan
52. Saturday—Ian McEwan
53. On Chesil Beach—Ian McEwan
54. The Child in Time—Ian McEwan

Another very talented contemporary British writer that I leaped into all in one go. Atonement will surely be a classic, and Saturday was also excellent.

55. The Sellout—Paul Beatty

I reviewed this book here.

56. The African Svelte—Daniel Menaker

Funny little book by the former The New Yorker editor discussing how interesting misspelled words can be in subtle (almost Freudian) ways.

57. The Vegetarian—Han Kang

Unique and haunting book that lingers in one’s mind.

58. Love—Toni Morrison

This novel is fantastic, and should be as celebrated as her Song of Solomon.

59. The Thing Around Your Neck—Chimamanda Ngozi Adichie

A collection of short stories all involving women living in Nigeria or America. Not a single average story in the book, and many of them are excellent. I previously reviewed her novels here.

60. Arrow of God—Chinua Achebe

His third novel which I would controversially suggest is as good or even better than Things Fall Apart. The dialogue and abundance of Igbo proverbs are wonderful.

61. Oryx and Crake—Margaret Atwood

Speculative apocalyptic tale of humanity’s downfall from a combination of corporate greed, climate change, and genetic engineering; full of very creative and ironic details. I will finish the last two books of this trilogy next year.

62. Chronicles—Bob Dylan

Fascinating partial, non-chronological autobiography of a singular artist, whom I praised after the Nobel award here.

63. Open City—Teju Cole

Profound and philosophical novel of a psychiatrist walking around Manhattan and Brussels, beautifully written. One of my favorite books of the year.

64. The Fishermen—Chigozie Obioma

Moving story of four brothers in a Nigerian village.

65. The Underground Railroad—Colson Whitehead

This inventive and cathartic novel is absolutely required reading for Americans. Here is a great review of the book in The New Yorker.

Audio Books

Starting last year I changed jobs and house and now I drive much more than ever. These are the books I listened to during my commuting and walking. Librivox.org is the main website I got them from. (If anyone thinks audiobooks are somehow “cheating”, this article explains the science showing that listening to books is just as effective as reading.)

66. Of Human Bondage—W. Somerset Maugham
67. The Moon and Sixpence—W. Somerset Maugham
68. Eugenie Grandet—Honoré de Balzac
69. Père Goriot— Honoré de Balzac
70. The Peasant Story of Napoleon— Honoré de Balzac
71. A Portrait of the Artist as a Young Man—James Joyce
72. A Sportsman’s Sketches—Ivan Turgenev
73. Sevastopol Sketches—Leo Tolstoy
74. The Cossacks—Leo Tolstoy
75. Sons and Lovers—D.H. Lawrence
76. The Rainbow—D.H. Lawrence
77. Women in Love—D.H. Lawrence
78. Promessi Sposi (The Betrothed)—Alessandro Manzoni
79. Don Quixote, Part One—Miguel de Cervantes Saavedra
80. Madame Bovary—Gustave Flaubert
81. Salammbô—Gustave Flaubert
82. Three Short Tales—Gustave Flaubert
83. The Education of Henry Adams—Henry Adams
84. Confessions—J.J. Rousseau
85. The Social Contract—J.J. Rousseau
86. Candide—Voltaire
87. Zadig—Voltaire
88. The Sincere Huron—Voltaire
89. Lord Jim—Joseph Conrad
90. The Secret Sharer—Joseph Conrad
91. The Secret Agent—Joseph Conrad
92. Kim—Rudyard Kipling
93. The Man who Would Be King—Rudyard Kipling
94. The Good Soldier—Ford Madox Ford
95. Penguin Island—Anatole France
96. The Hunchback of Notre Dame—Victor Hugo
97. Silas Marner: The Weaver of Raveloe—George Eliot
98. Ball of Fat—Guy de Maupassant

Short Stories

99. The Old Chief Mshlanga—Doris Lessing
100. Zawalahbi—Naguib Mahfouz
101. L’Anguille—Jon Trobaugh
102. Yellow Woman—Leslie Marmom Silko
103. The Rooftop Dwellers—Anita Desai
104. Stories—Lucian of Samosata

Some of his assorted stories are the only things this year that were rereadings for me. My favorite writer from the Greco-Roman world.

105. Stories—Anton Chekhov

For the third year in a row, I gradually worked my way through more of his stories, which are endless (in a good way).

Books Partially Read, Unfinished or Abandoned

106. The Old Devils—Kingsley Amis
107. The Satanic Verses—Salman Rushdie
108. The Museum of Innocence—Orhan Pamuk
109. The Matisse Stories—A.S. Byatt
110. The Sense of an Ending—Frank Kermode

Famous work of literary criticism, obviously picked up after Barnes’ novel named for it.

111. The Wings of the Dove—Henry James

This is the only one from this final section that I will not come back to. I am actually finished with James for the foreseeable future, if not a whole lifetime.

Goodbye to Christmas Truces

(published originally at Wrath-Bearing Tree December 2014)

We have recently passed the centenary of the outbreak of the First World War, which has occasioned a fair amount of press coverage looking back at the so-called (and ill-named) “Great War” or “War to End all Wars”. I intend to join this chorus with some of my own thoughts. For many people interested in history, the Second World War is the more interesting one due to its grander scale and its relatively clearly-defined moral force. For me, the First World War holds more interest since it was what I consider a “highly preventable” war that preceded and directly led to the next “necessary” or “just” war (if such a thing does exist, per Saint Augustine, then World War II is surely its closest reification in modern history). To be honest, I would rather consider both wars merely two parts of the same dance of death, punctuated by a short interval of instability (not unlike a modern and truly global version of that first “world war” reported by Thucydides — the Peloponnesian War). In any case, the causes and aftermath of the First World War would be laughingly stupid and unbelievable if they were not already tragically stupid and unbelievable. I am reminded of a quote by Jorge Luis Borges about the 1982 Falklands War, “It is a fight between two bald men over a comb.” In a similar way, we could say that the First World War was a fight between a bunch of spoiled children over who got to use the playroom. Though they all had their own toys, sharing and cooperation were unlearned traits. There is something profoundly important to remember about this tragedy, though sometimes the easiest way to deal with tragedy, if not outrage, stoicism, or escapism, involves a disarming sense of humor and irreverence. All four issues will be dealt with in this essay, in which I will focus on Robert Graves’ Goodbye to All That, his memoirs of early life in England up to and after his participation in the trenches of WWI. Graves was a highly prolific poet and author most famous for his fictional rendering of the Julio-Claudian dynasty in I, Claudius and Claudius the God, and of the Byzantine general in Count Belisarius (which I reviewed here). He was born in 1895, making him 19 years old when the war began–a typical age for new officer and soldier recruits. His mother was German and his middle name was von Ranke, which was no small problem considering the bullying nationalistic anti-German hysteria before, during, and after the war, and was one that caused suspicion from bullying schoolmates and later even from fellow soldiers despite his proven competence in battle. This was a smaller version of the same problem faced by fellow writer D.H. Lawrence, a pacifist married to a German who was under de facto house arrest for the entire war.

Goodbye to All That, published 11 years after the Armistice in 1929, was Graves’ second work of non-fiction after a biography of his friend T.E. Lawrence called Lawrence and the Arabs. By this time, Graves had already published many poetry collections, including poems written before and during the war. The publication of his memoirs came at a time in which the young author had apparently only recently recovered from years of emotional trauma that today we would call PTSD (often called “shell shock”), and the title references what he calls his “bitter leave-taking of England”, including its war, its politics, its society and education, and even many of his own family and friends. Here is a representative quote about his post-war experience: “Very thin, very nervous, and with about four years’ loss of sleep to make up, I was waiting until I got well enough to go to Oxford on the Government educational grant. I knew that it would be years before I could face anything but a quiet country life. My disabilities were many: I could not use a telephone, I felt sick every time I travelled by train, and to see more than two new people in a single day prevented me from sleeping. I felt ashamed of myself as a drag on Nancy, but had sworn on the very day of my demobilization never to be under anyone’s orders for the rest of my life. Somehow I must live by writing.” After publication of Goodbye to All That, Graves moved to the Spanish island of Majorca were he remained for the rest of his life, except for a long stay in America to escape the Spanish civil war.

The book is important for its ability to capture, from the point of view of a single individual rather than a comprehensive historian, the passing of one epoch to another that occurred with the First World War–from what has been called the “long 19th century” (or the “belle epoque” if you like) to the “modern age” of which we are still living (or transitioning out of to a still-undefined age). These are mere historical categories, but they tend to capture the turbulence that saw many of the changes to an old world system dating from the French Revolution, or the Middle Ages in some cases, to a new world where possibilities for progress and destruction both expanded exponentially. Graves serves as a paradigm of a certain type of young person (by definition well-educated and middle-class), especially in England but also throughout the West, after the First World War who saw personal shifts in thinking towards more radical ideas like socialism, atheism, feminism, and pacifism based on their first-hand experiences in the trenches, as well as in their jaded view of a society which they discovered to be neither as civilized nor as progressive as they had thought (I think Thomas Mann’s The Magic Mountain, for example, captures this sense from the German perspective).

Graves opens with an account of his family history and early years, with the first line stating his acceptance of the autobiographical convention of starting with earliest memories: witnessing Queen Victoria’s 1897 Jubilee, in his case. He spends some time in these chapters detailing his visits to his aristocratic German relatives in their Bavarian castles and against whom he would later take arms.

He attended many public schools (what Americans would call private or prep schools), with the longest tenure at one called Charterhouse. Several anecdotes are given regarding the severity and hypocrisy of the education system he went through. Outdated but still powerful Victorian standards of morality accomplished little more than to stifle emotional development and foster “immorality”. One such case is his description of the rampant homosexuality in these types of all-boys boarding schools, going so far as to detail his own platonic infatuation with a younger schoolmate. He dwells on his friendship with George Mallory, the famous alpinist who was an older mentor at Charterhouse and later best man at Graves’ wedding. Mallory, who died on Mount Everest in 1924 after possibly being the first person to reach the summit, was mentioned as one of the only people who treated students like humans, which puzzled everyone according to Graves. Also at this time Graves took up boxing as much to defend against bullies as to keep fit, and would later prove useful in proving his manliness (and, thus, his worth) in front of soldiers and superiors alike.

The heart of the book comes in the middle chapters detailing Graves’ time spent on the Western Front. At the outbreak of war, he deferred his matriculation to Oxford University in order to join the army. He was commissioned as a lieutenant in the Welsh Regiment since his family home was in Harlech in northwest Wales. Like so many other young men, he was eager to join in the fighting before the war ended (how many times it is said at the beginning of every war that it will be over “by Christmas”). While the war obviously did not end by December 25, 1914, Graves witnessed the famous Christmas Day truce soon after joining his regiment on the Western Front (he refers to it as the Christmas 1914 fraternization, of which his regiment was among the first to participate). This event, the likes of which are rare in the annals of war, saw the belligerents, German, French, and British, come out of their trenches and join in an unarmed singing of carols and exchange of greetings and gifts. More than anything else, this short-lived sense of shared humanity and brotherhood can be interpreted as soldiers losing the martial spirit and wanting to take back control of some part of their lives, however small or temporary. I spent two Christmases in Afghanistan and well understand the sentiment of soldiers that comes at times like Christmas in which all that is desired is a temporary break from the stress and trauma of war.  Even in 1914, the truce was obviously resented by the generals and politicians, who ensured there would not be a repeat of such non-warlike sentiment the next Easter or following Christmases, as well as by the Press in the involved countries, where no mention was made for at least a week after the event that hundreds of thousands laid down their arms to hobnob with the enemy. The press coverage also distorted and minimized the truce in order to make it seem more freakish and less peaceful than it actually was. The Christmas Day truce lives on in popular memory and culture, however, and this year the British supermarket Sainsbury’s went so far as to make a television commercial reenactment of it in which a German and British soldier swap chocolate and biscuits.

One of the central events in the book is the Battle of Loos, a British and French attack on German lines in September 1915 in which a few kilometers of ground changed hands and almost 100,000 men died. It was the first use of poison gas by the British, and also the battle in which Kipling’s son went permanently missing in action, prompting that writer of The Jungle Book to write the sad poem “My Boy Jack.” Graves describes how the gas was euphemistically referred to “the accessory”, and how everyone was highly skeptical of its efficacy because its supervisors were university chemistry professors brought in to administer it. Sure enough, “the accessory” was deployed with a headwind coming into the Allied lines, causing the gas to harm the British more than the Germans it was intended for. The battle itself was also an all-around disaster. Graves mentions how, much later in the war when he had been sent home to recover from his wounds, he was asked to give a speech to 3000 incoming Canadian soldiers. “They were Canadians, so instead of giving my usual semi-facetious lecture on ‘How to be Happy, Though in the Trenches’, I paid them the compliment of telling the real story of Loos, and what a balls-up it had been, and why – more or less as it has been given here. This was the only audience I have ever held for an hour with real attention. I expected Major Currie to be furious, because the principal object of the Bull Ring was to inculcate the offensive spirit; but he took it well and put several other concert-hall lectures on me after this.”

A key feature of Goodbye to All That is the farcical and probably invented dialogue, which reads like short theatrical set-pieces. It seems like almost every occasion of reported speech involves a back-and-forth rhythmic dialogue that ends in someone laying a punch-line. Along with the stock characters, this shows the fictionalized nature of Graves’ memoirs (a feature which recalls Hemingway’s memoir A Moveable Feast, or Robert Byron’s travel writing masterpiece The Road to Oxiana).

One of the most important characters in Graves’ book is Siegfried Sassoon, a fellow “war poet” who joined Graves’ Royal Welch Fusiliers regiment in 1916 and struck up an immediate friendship. Sassoon published his own three-part fictionalized autobiography in the 1930’s with the middle book, Memoirs of an Infantry Officer, covering the war. Like Graves, Sassoon had not published any poetry when they met, and Graves’ realistic (as opposed to romantic) style influenced his friend. They both published collections before the end of the war. Sassoon was described by Graves as being one of the most courageous men he had ever seen or heard about in his time in the trenches. He tells one story in particular about how Sassoon single-handedly attacked and took control of a German observation trench, then enraged his superiors by not telling anyone about it. He was found two hours later sitting in the German trench reading a book of poetry. Sassoon, like Graves, later suffered a type of nervous breakdown and wrote his famous 1917 “Soldier’s Declaration” denouncing the war and the government’s incompetent prosecution of it. In this, he was encouraged by anti-war activists like Bertrand Russell and Ottoline Morrell. Sassoon threw his Military Cross for bravery into a river, though he escaped a court-martial, with Graves’ help, and was sent to a hospital to recover from “shell shock”. There he met Wilfred Owen, another war poet hugely influenced and encouraged by Sassoon, and who was himself killed on the Western Front one week before the Armistice. I find it worth mentioning that Sassoon and Owen were both gay. Another gay soldier was the Austrian philosopher Wittgenstein who, like Sassoon, volunteered for service at the outbreak of war and demonstrated repeated bravery in battle on the Russian Front to the point of being thought suicidal (which he also was). Such examples make one wonder why gay soldiers in the American military have until recently been considered unfit for service.

One of the most tragic, and understated, events of the book is when three officers of Graves’ battalion, and three of his closest friends, were all killed in the same day by shelling and sniper fire. David Thomas, the third member of the trio of poet friends in the battalion, was among the dead. Graves states: “I felt David’s death worse than any other since I had been in France, but it did not anger me as it did Siegfried. He was acting transport-officer and every evening now, when he came up with the rations, went out on patrol looking for Germans to kill. I just felt empty and lost.” Soon thereafter, he writes: “My breaking-point was near now, unless something happened to stave it off. Not that I felt frightened. I had never yet lost my head and turned tail through fright, and knew that I never would. Nor would the breakdown come as insanity; I did not have it in me. It would be a general nervous collapse, with tears and twitchings and dirtied trousers; I had seen cases like that.”

Graves finished his time in the trenches during the 1916 Battle of the Somme, being injured so gravely as to be reported dead. He spent the rest of the war convalescing in hospitals, helping train new volunteers to his unit, and even being posted to Ireland where the English garrison was trying to stop (unsuccessfully, it turned out) the burgeoning Irish uprising. The rest of the book talks about his marriage to a feminist activist, their move to the country near Oxford, setting up house, opening a general store (“The moral problems of trade interested me. Nancy and I both found it very difficult at this time of fluctuating prices to be really honest; we could not resist the temptation of under-charging the poor villagers of Wootton, who were frequent customers, and recovering our money from the richer residents. Playing at Robin Hood came easily to me. Nobody ever detected the fraud”), and having four children in eight years (possibly the most amazing fact of the autobiography; he mentions at this point how sometimes he would only scrape out half an hour or so of writing a day in between his fatherly and household care taking duties–we can well imagine).

In this later part he also deals at length with his friendship with T.E. Lawrence, whose biography he wrote just before Goodbye to All That. Here are, in my opinion, two of the most important quotes from that chapter: “I knew nothing definite of Lawrence’s wartime activities, though my brother Philip had been with him in the Intelligence Department at Cairo in 1915, making out the Turkish Order of Battle. I did not question him about the Revolt, partly because he seemed to dislike the subject – Lowell Thomas was now lecturing in the United States on ‘Lawrence of Arabia’ – and partly because of a convention between him and me that the war should not be mentioned: we were both suffering from its effects and enjoying Oxford as a too-good-to-be-true relaxation. Thus, though the long, closely-written foolscap sheets of The Seven Pillars were always stacked in a neat pile on his living-room table, I restrained my curiosity. He occasionally spoke of his archaeological work in Mesopotamia before the war; but poetry, especially modern poetry, was what we discussed most.” And the other: “Lawrence’s rooms were dark and oak-panelled, with a large table and a desk as the principal furniture. There were also two heavy leather chairs, simply acquired. An American oil-financier had come in suddenly one day when I was there and said: ‘I am here from the States, Colonel Lawrence, to ask a single question. You are the only man who will answer it honestly. Do Middle-Eastern conditions justify my putting any money in South Arabian oil?’ Lawrence, without rising, quietly answered: ‘No.’ ‘That’s all I wanted to know; it was worth coming for. Thank you, and good day!’ In his brief glance about the room he missed something and, on his way home through London, chose the chairs and had them sent to Lawrence with his card.” I find these scenes moving and relevant.

The book ends in 1929, though shortly after he divorced his first wife, and got married and had four more children with his poetic muse, Laura Riding, with whom he established a publishing company at their base on Majorca. He was runner-up to the Nobel Prize in Literature won by Steinbeck, and he died at the age of 90 with 140 published works.

The whole of Graves’ memoirs is filled with stories of understated and cynical humor, and pathos. In one case, he describes the last time he attended church which was during his Easter 1916 visit home. He tells a story of having to push his mother uphill in an heavy bath chair, since the only available wheelchair in town was taken by “Countess of-I-forget-what”, and then sit through a three-hour service despite being ill himself. About the ordeal he writes: “I forgot my father’s gout, and also forgot that passage in Herodotus about the two dutiful sons who yoked themselves to an ox-cart to pull their mother, the priestess, to the Temple and were oddly used by Solon, in a conversation with King Croesus, as a symbol of ultimate happiness.” During the sermon the “strapping” young curate, one of four men present–compared with 75 women–was “bellowing about the Glurious Performances of our Sums and Brethren in Frurnce today. I decided to ask him afterwards why, if he felt like that, he wasn’t himself either in Frurnce or in khurki.” His father then took him to meet War Secretary (and future Prime Minister) David Lloyd-George, who Graves says “was up in the air on one of his ‘glory of the Welsh hills’ speeches. The power of his rhetoric amazed me. The substance of the speech might be commonplace, idle, and false, but I had to fight hard against abandoning myself with the rest of his authence. He sucked power from his listeners and spurted it back at them. Afterwards, my father introduced me to Lloyd George, and when I looked closely at his eyes they seemed like those of a sleep-walker.” It is worth mentioning that Graves’ book angered so many people that even his father, one of the offended, felt it necessary to write his own memoirs as a rebuttal to his son’s entitled To Return to All That.

While I have enjoyed and profited from reading “big” history, Goodbye to All That is a great example of the importance and edification of reading individual accounts of history. I always find autobiographies of great and famous people illuminating for the perspective it helps give to their time period. Though I have studied history and literature, I am no scholar and seek mostly entertainment and self-improvement in my reading. I will leave it to others to argue more convincingly the faults or short-comings of books like Graves’ or Sassoon’s memoirs (Paul Fussell’s The Great War and Modern Memory comes to mind, which Mike Carson has already discussed at length here), but I personally find such personal accounts interesting and instructive.

Regarding a sense of humor towards destructive war declared by elites and suffered by the common man, I think it is not only in bad taste but can do more harm than good by normalizing the illegality and immorality of the war. Thus, I agree with this quote by Bertrand Russell, a pacifist who spent the last year of World War One in prison for speaking against involuntary military service for conscientious objectors: “Alas, I am that extremely rare being, a man without a sense of humour. I had not suspected this painful fact until the middle of the Great War, when the British War Office sent for me and officially informed me of it. I gathered that if I had had my proper share of a sense of the ludicrous, I should have been highly diverted at the thought of several thousand young men a day being blown into tiny little bits, which, I confess to my shame, never once caused me to smile. I am reminded of a Chinese emperor, who long ago constructed a lake made entirely of wine, and then drove his peasants into it only to amuse his wife with the struggles of their drunken drownings. Now he had a sense of humor.”

Regarding a sense of humor, which can only be “dark” or cynical, by veterans against their war which may be a way to ease the personal trauma and represent, even fictionalized, the collective tragedy in which they played a part, I look up to Graves and his successors such as Joseph Heller and Kurt Vonnegut, who have highly influenced the field of war literature.

Regarding the causes of destructive (and self-destructive) wars like WWI, I will leave it once more with the wise and quotable Bertrand Russell, writing here in his book Education and the Social Order about the innate violent sense of retributive justice that is easily awakened in humans: “I found one day in school a boy of medium size ill-treating a smaller boy. I expostulated, but he replied: ‘The bigs hit me, so I hit the babies; that’s fair.’ In these words he epitomised the history of the human race.” One of the things that makes us human is the ability to laugh in the face of the tragically absurd, and continue living in spite of it. Graves in this book has done just that, making his book a classic not only in the genre of war literature but in modern literature as a whole.

The Espionage Act and the Cult of Secrecy

(Published originally at Wrath-Bearing Tree in September 2013)

The most important compromise that allowed for the passage of the U.S. Constitution was that there be included a series of amendments called the Bill of Rights, which guaranteed certain freedoms to the individual, a counterpoint to the Articles of the Constitution itself which merely delineated the powers of the branches of government. The most important and revolutionary of the amendments was the first, which simultaneously protected from government censure the individual free exercise of religion, freedom of speech and of the press, and freedom to peaceably assemble and petition. These freedoms are the bedrock of civil liberties and have become universally accepted as the preeminent hallmarks of a free society. In practice, however, there have always been difficulties interpreting the limits of these so-called individual freedoms in relation to the authority of the State. This is especially true in times of war, in which it has often been supposed that nothing, not even freedom of speech or of the press, can stand in the way of State security, secrecy, and success in the war effort. Though these individual freedoms have been enshrined into the U.S. Constitution as the foremost rights of the citizenry, there have been many setbacks and the long battle to protect these very freedoms continues even into the present day.

For example, only seven years after the ratification of the First Amendment, John Adams signed into law the Sedition Act of 1798 in which it was made illegal to write or say anything “false, scandalous, or malicious” against the government. The legal basis for this was that, while freedom of speech was allowed, it did not mean freedom from prosecution for seditious or “dangerous” speech after the fact. This would seem to seriously undermine the notion of free speech itself. Moving forward in history we come to another similar piece of legislation that is still enforced and impacts us directly today, and which will be the focus of the rest of this essay: the Espionage Act of 1917.

Woodrow Wilson, after campaigning in 1916 on the fact that he had “kept us out of war”, was elected to a second term as president and immediately brought America into World War One in 1917. Three months later, Wilson signed into law the Espionage Act, in which it was punishable by death or 30 years in prison to convey information that would interfere with the success of the military or promote the success of its enemies. This included the intent to cause insubordination, disloyalty, mutiny, refusal of duty, or even to obstruct the recruitment of conscripts into the military. It was also intended to silence all dissent against the war, to monitor and punish any pro-German or anti-British sympathies, and to block the distribution of printed materials through the Post Office (this was a time in which the Post Offices were one of the most extensive arms of the federal government throughout the states and the Postmaster General was actually an influential and powerful position–made more powerful by being able to block or intercept anything sent through the mail). The Espionage Act has been amended many times since 1917, and is arguably stronger than ever in our own time. In 1933 a provision was added to prohibit the disclosure of anything sent in code; in 1961 a provision was removed that had restricted the law’s jurisdiction to U.S. territory or to American citizens; at least two times it was amended to increase the penalties it imposed; in 1950, during the McCarthy era and the growing militarization of the Cold War, the McCarren Internal Security Act changed the scope of possible crimes from the “intent” to harm or aid to “mere retention” of information. Not only open and free speech, but even secret information are now under the control of the Espionage Act.

Government authorities wasted no time after the law’s passage to begin enforcement. A disproportionate number of its victims were Socialists and members of unions such as the Industrial Workers of the World, which were strongly against American intervention in the war. Eugene V. Debs, the four-time Socialist candidate for President, was convicted and sentenced to 10 years in prison for making a speech that “obstructed recruiting”. Even a film called The Spirit of ’76 was seized and its producer imprisoned and fined; apparently the film portrayed too much British cruelty during the American Revolution which could undermine support for the current close American ally in the war effort. After the war, the law was invoked in order to arrest and deport several hundred foreign socialists and anarchists, allegedly due the bombing of Attorney General’s house by an anarchist agent. If you are wondering how this broad limitation of free speech held up at the Supreme Court, I will direct you to the 1919 case of Schenck v. United States in which the Court decided that the law was justified if such speech constituted a “clear and present danger” to the government, the same as if a man shouted “Fire” in a crowded theatre according to the famous Justice Oliver Holmes. Schenck had denounced the war conscription law as “involuntary servitude” and his arrest as an abridgment of freedom of speech and of the press. Rather than Justice Holmes’ “fire”, could we consider Schenck’s act more like warning people of a fire in the theatre before entering? Is not war itself a “clear and present danger”, much more dangerous than a mere argument against it? What is the fine line in which citizens are allowed to object to war without creating a danger to the government?

During the Cold War, the McCarren Act and the red-baiting of Senator McCarthy breathed new life into the Espionage Act. While the Act was originally intended to apply only during wartime, it has been continuously in force since 1950 — the long years of the Cold War, the permanent militarization of American policy and economy, and even the recent “War on Terror” show how far such justifications can be stretched to protect the government from its own citizens (not vice versa, which is the ideal). Public speech and print have been superseded by the possession of secret information as the main focus of the law. In 1971, Daniel Ellsberg and Anthony Russo were charged under the Espionage Act of publishing classified documents that came to be known as the Pentagon Papers. They consisted 7000 pages of top secret records of the Department of Defense’s involvement in the Vietnam from the 1940s-70s, leaked by Ellsberg and Russo to the New York Times because of their indignation about the crimes of the United States against the people of Vietnam. The Nixon administration attempted to block the publication but it was ruled freedom of speech by the Supreme Court; the administration then indicted the leakers under the Espionage Act. They would have almost certainly been convicted and served long sentences but were instead released because of a legal technicality — the Watergate scandal that caused Nixon’s downfall came about when Nixon’s henchmen tried to steal compromising information about Ellsberg from his psychiatrist’s office. The Pentagon Papers case obviously had major historical ramifications, but also made it clear that the government considered the distribution of secret information to the press for the purpose of exposing secrets of the same government to be espionage. We must ask ourselves which is the worse crime: sanctioning injustice, oppression, and murder around the world, or the disclosure of these secret indiscretions to the public?

The final section of this essay concerns the recent cases of Chelsea Manning and Edward Snowden, both of which are related to the Pentagon Papers case. Manning has been sentenced to 35 years in prison for violating the Espionage Act by stealing government intelligence and diplomatic cables that revealed governmental corruption and giving them to WikiLeaks to be published. Edward Snowden has been charged with violating the Espionage Act for stealing and publishing secret government information that revealed the extent of the widespread secret surveillance powers of the National Security Agency. Just as the Pentagon Papers, the crimes of Manning and Snowden only involved the transmission of information to the public that had been classified by the government as secret.

There are a few issues at play that we can discuss after this brief historical synopsis of the Espionage Act. You will have noticed the prevalence of the word “secret” in the examples I mentioned. It seems that the pervasive cloud of government secrecy is an excuse for any number of illegal or immoral acts to be committed. The reason the Pentagon Papers, the Manning leaks, and the Snowden leaks are such captivating events is not only that they reveal secrets protected by the state, but that the revealed contents of these state secrets are so shocking to the public. The government naturally wants the focus to be on the importance of maintaining secrecy and the punishment for violation of the Espionage Act, but polls show that the public is much more concerned with the harmful content of the secrets than the comparatively harmless crime of revealing them (harmless except to the reputation of the government). This is because the government is intended to be “of the people, by the people, and for the people”, and many people still hold this democratic ideal close to heart. When it is revealed how much the government hides from its citizens, we have the right to be shocked, outraged, and demand accountability; the people to be held accountable are not the ones whose conscience and sense of moral outrage drove them to provide us with the secrets, however, and they should probably be rewarded rather than punished.

Another aspect is the fine line between Freedom of Speech and state security. The Espionage Act and the cases above show exactly where the line stands between what is considered the right to free speech and what is considered the government’s prerogative to limit any expression that supposedly endangers state security. In my opinion, there is a clear solution to this problem, which is the absolute protection of Freedom of Speech and the other freedoms of the First Amendment. Whenever state security is invoked in order to limit fundamental rights, it is a slippery slope that takes us further away from the idea of the open democratic society towards something on the opposite end of the spectrum that could be called either tyranny, fascism, or totalitarianism. If we imagine George Orwell’s 1984 today, there would surely be a Ministry of Freedom which would limit Freedom of Speech to active daily repetition of the mantra: “War is Peace. Freedom is Slavery. Ignorance is Strength.”

Additionally, we should remember that a feature of the Espionage Act, however we feel about it, was that it was only meant to be enforceable and enforced during “wartime”. This is a crucial point if we consider that the traditional idea of wartime changed after World War II to be replaced with the idea of the continuous “Cold War”, or the state of being permanently on war footing against global enemies. The militarization of the American economy was central to its growth and success in the post-World War II years, and was important for protecting American corporate profits around the world. This did not change after the end of the Cold War; the Clinton Administration determined that the U.S. military must be able to fight two regional conflicts simultaneously, the Bush and Obama years have seen the invention and proliferation of the ill-conceived concept of the War on Terror. There are also at least 800 American bases and military installations in at least 156 countries around the world (link). If this still does not qualify as a permanent state of war, it is surely a state of hyper-militarization against enemies more imagined than real. It must be mentioned that the type of state and military secrets revealed by the aforementioned cases are not tactical, operational, or strategic in nature — I am not advocating something akin to reporting on troop movements to the Germans during World War II; rather, these are systemic and institutional secrets that hide crimes and corruption of government agencies and their corporate partners. In comparison, Julius and Ethel Rosenberg were convicted and executed under the Espionage Act for purportedly providing the Soviet Union with plans for nuclear weapons. However dubious the evidence against them, the nature of the crime is different from the argument I am attempting to make; giving detailed military information or weapons to hostile nations or groups is something else entirely from revealing moral injustices and atrocities of a government to its own people in the name of transparency and justice.

Let us now consider the Patriot Act and the system of state surveillance. In the weeks after 9/11, the Bush Administration and Congress created and easily passed a new law with the Orwellian name of the Patriot Act, which allows for a very broad interpretation of government access to any information that it claims could be used to maintain security (The Obama administration and a new Congress easily renewed the law in 2011). The last decade and a half has seen a huge expansion of the state security apparatus in general, headlined by agencies such as the new Department of Homeland Security, the infamous CIA, and the venerable National Security Agency (there are at least 16 separate government intelligence agencies and an untold number of private intelligence contractors, such as Stratfor, whose ignoble mission of trading secret information to governments and corporations was revealed in another recent leak by the hacker Jeremy Hammond). It was Ben Franklin who said that “they who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.” Never has this aphorism been so apt. The most recent revelations of the Snowden case show us just how pervasive and perverse the NSA has become (or maybe it was always this way, but with less amenable technology and/or publicity). What we are dealing with is the interception, collection, and monitoring of personal email, internet searches, phone conversations, and more, all over the world and on American citizens in their own houses. The NSA, we have learned, has virtually unchecked power and resources with no limitations or oversight. It is unclear who is being made more secure from whom.

In conclusion, we must remember that the things in this article are just the tip of the proverbial iceberg in the larger issue of Free Speech versus state secrecy and security. Indeed, the First Amendment has needed protection from government infringement since before the ink was even dry on the Bill of Rights. It will continue to be so in the future. A democracy (or what passes for one) will always depend on the active involvement of citizens to defend their own rights against the class of the Power Elite who would happily curtail those rights for their personal and financial gain. A government “of the people, by the people, and for the people” will be so in fact, as well as in name, only as long as its citizens force their elected leaders to work for them. A corollary to this is that citizens can only be involved in decision-making and accountability if they are in possession of relevant information on what exactly their government has been doing in their name (and with their tax money). This is why we should honor transparency rather than secrecy, and give courageous whistleblowers medals rather than prison sentences. We should not acquiesce in the expansion of the surveillance state and the cult of secrecy, giving up freedoms in the name of security. Such a systemic evil can lead only to an Orwellian future which must be avoided at any cost.

The Sellout by Paul Beatty: A Review

Shortly after Bob Dylan won the Nobel Prize in Literature, the Booker Prize was awarded to fellow American Paul Beatty for his novel The Sellout. It seems Americans are having a moment in the world of literary prestige, maybe to counterbalance the current political nadir. Dylan was the first American to win the Nobel in 23 years, and Beatty is the first American ever to win the Booker Prize, the pre-eminent prize in Anglophone letters. Originally the Booker Prize had been limited to British writers, then eventually to English language writers from the larger British commonwealth, now to any writer in English. I have read a few handfuls of the past winners and candidates, and I can say that Paul Beatty’s win is well-deserved and ranks among the best of them.

The Sellout is a satire on race in America. It is not only one of the funniest and most intelligent books I have read about race in America (a relatively limited number for me), but one of the funniest and most intelligent books I have read, period. The novel is told by a Black urban farmer with the surname Me in a fictional South-Central Los Angeles slum called Dickens. This impoverished locality, “the murder capital of the world”, was an embarrassment to L.A. and the U.S.A. and was disincorporated by the authorities. One of the central plans of Me is to reconstitute and delineate his hometown of Dickens. He also begins to slyly reinstitute segregation, first on his girlfriend’s bus, then in shops, the library, and the school. After this gambit, crime plummeted and student test results skyrocketed.

The main character was raised and home-schooled only by his father, a prominent psychologist and intellectual who made his son’s life into one long racial sociological experiment. The farm they inhabit takes on Garden of Eden-like qualities, with an impossibly wide-range of exotic fruits that are well-known around town, and delicious enough to make rival gang members put away their Glocks to lick up watermelon juice. One of the members of the local donut shop intellectual club is a Black media impresario named Foy Cheshire, who steals Me’s father’s best ideas to get rich, and calls the main character “the Sellout” for most of the book.

The funniest and most controversial character by far is an aged television actor named Hominy Jenkins, who played a minor role in the old Little Rascals TV series of the 1920-40s. Hominy rejoices at all signs of overt racism, and happily enlists himself as the Sellout’s lazy and unwanted slave. The eventual discovery of this relationship and the resegregation scheme puts the main character behind bars, and eventually in front of the Supreme Court.

There are numerous mentions of real-life African-Americans, often unnamed for legal reasons, throughout the novel, including Barack Obama, Clarence Thomas, Colin Powell, and Dave Chappelle. The novel makes use of the author’s detailed knowledge of Los Angeles, as well as Black pop culture, intellectual culture, language, film and TV, and literature. The plot is very engaging from the first page to the last, as well as being chock-full of new ideas in almost every paragraph. The author never seems to run out of interesting and funny new formulations about race and life in America. It is a very difficult book written with frankness and irreverence, not worried about upsetting any sacred cow or offending overly sensitive readers.  It appears at a time when just such blunt discussions of race are needed.

One instance of how biting the book can often be is this passage about all of the miserable cities of the world that rejected Dickens as a potential sister city. The last of these is the Lost City of White Male Privilege:

“The Lost City of White Male Privilege, a controversial municipality whose very existence is often denied by many (mostly privileged white males). Others state categorically that the walls of the locale have been irreparably breached by hip-hop and Roberto Bolano’s prose. That the popularity of the spicy tuna roll and a black American president were to white male domination what the smallpox blankets were to Native American existence. Those inclined to believe in free will and the free market argue that the Lost City of White Male Privilege was responsible for its own demise, that the constant stream of contradictory religious and secular edicts from on high confused the highly impressionable white male. Reduced him to a state of such severe social and psychic anxiety that he stopped fucking. Stopped voting. Stopped reading. And, most important, stopped thinking that he was the end-all, be-all, or at least knew enough to pretend not to be so in public. But in any case, it became impossible to walk the streets of the Lost City of White Male Privilege, feeding your ego by reciting mythological truisms like “We built this country!” when all around you brown men were constantly hammering and nailing, cooking world-class French meals, and repairing your cars.”

In the final anecdote in the novel the main character tells about a long-ago visit to a local comedy club featuring open mic night for black comedians. Halfway through, a white couple walks in and begins joining in the laughter. The comedian confronts the white couple and asks them to leave. “This is our thing,” he says. The main character then expresses regret that he did not stand up for the couple’s right to be there. It’s a serious end to a powerful, nuanced, and funny book. As all satire, it punches up at an entrenched system of power–racism and bigotry, in this case. Most of the blows landed. In “post-racial” America, though, it will take a lot more people punching to topple the system in question. And a lot more people reading and writing and engaging in open dialogue with each other, and defending each other’s rights to live and laugh freely.

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