As every schoolchild knows, there are three check-and-balance branches of the U.S. government: the executive, Congress, and the judiciary. That's bedrock Americanism and the most basic high school civics material. Only one problem: it's just not so.
During the Cold War years and far more strikingly in the twenty-first century, the U.S. government has evolved. It sprouted a fourth branch: the national security state, whose main characteristic may be an unquenchable urge to expand its power and reach. Admittedly, it still lacks certain formal prerogatives of governmental power. Nonetheless, at a time when Congress and the presidency are in a check-and-balance ballet of inactivity that would have been unimaginable to Americans of earlier eras, the Fourth Branch is an ever more unchecked and unbalanced power center in Washington. Curtained off from accountability by a penumbra of secrecy, its leaders increasingly are making nitty-gritty policy decisions and largely doing what they want, a situation illuminated by a recent controversy over the possible release of a Senate report on CIA rendition and torture practices.
All of this is or should be obvious, but remains surprisingly unacknowledged in our American world. The rise of the Fourth Branch began at a moment of mobilization for a global conflict, World War II. It gained heft and staying power in the Cold War of the second half of the twentieth century, when that other superpower, the Soviet Union, provided the excuse for expansion of every sort.
Its officials bided their time in the years after the fall of the Soviet Union, when "terrorism" had yet to claim the landscape and enemies were in short supply. In the post-9/11 era, in a phony "wartime" atmosphere, fed by trillions of taxpayer dollars, and under the banner of American "safety," it has grown to unparalleled size and power. So much so that it sparked a building boom in and around the national capital (as well as elsewhere in the country). In their 2010 Washington Post series "Top Secret America," Dana Priest and William Arkin offered this thumbnail summary of the extent of that boom for the U.S. Intelligence Community: "In Washington and the surrounding area," they wrote, "33 building complexes for top-secret intelligence work are under construction or have been built since September 2001. Together they occupy the equivalent of almost three Pentagons or 22 U.S. Capitol buildings -- about 17 million square feet of space." And in 2014, the expansion is ongoing.
In this century, a full-scale second "Defense Department," the Department of Homeland Security, was created. Around it has grown up a mini-version of the military-industrial complex, with the usual set of consultants, K Street lobbyists, political contributions, and power relations: just the sort of edifice that President Eisenhower warned Americans about in his famed farewell address in 1961. In the meantime, the original military-industrial complex has only gained strength and influence.
Increasingly, post-9/11, under the rubric of "privatization," though it should more accurately have been called "corporatization," the Pentagon took a series of crony companies off to war with it. In the process, it gave "capitalist war" a more literal meaning, thanks to its wholesale financial support of, and the shrugging off of previously military tasks onto, a series of warrior corporations.
Meanwhile, the 17 members of the U.S. Intelligence Community -- yes, there are 17 major intelligence outfits in the national security state -- have been growing, some at prodigious rates. A number of them have undergone their own versions of corporatization, outsourcing many of their operations to private contractors in staggering numbers, so that we now have "capitalist intelligence" as well. With the fears from 9/11 injected into society and the wind of terrorism at their backs, the Intelligence Community has had a remarkably free hand to develop surveillance systems that are now essentially "watching" everyone -- including, it seems, other branches of the government.
Think of Edward Snowden, the former CIA employee who went over to the corporate side of the developing national security economy, as the first blowback figure from and on the world of "capitalist intelligence." Thanks to him, we have an insider's view of the magnitude of the ambitions and operations of the National Security Agency. The scope of that agency's surveillance operations and the range of global and domestic communications it now collects have proven breathtaking -- with more information on its reach still coming out. And keep in mind that it's only one agency.
We know as well that the secret world has developed its own secret body of law and its own secret judiciary, largely on the principle of legalizing whatever it wanted to do. As the New York Times's Eric Lichtblau has reported, it even has its own Supreme Court equivalent in the Foreign Intelligence Surveillance Court. And about all this, the other branches of government know only limited amounts and American citizens know next to nothing.
From the Pentagon to the Department of Homeland Security to the labyrinthine world of intelligence, the rise to power of the national security state has been a spectacle of our time. Whenever news of its secret operations begins to ooze out, threatening to unnerve the public, the White House and Congress discuss "reforms" which will, at best, modestly impede the expansive powers of that state within a state. Generally speaking, its powers and prerogatives remain beyond constraint by that third branch of government, the non-secret judiciary. It is deferred to with remarkable frequency by the executive branch and, with the rarest of exceptions, it has been supported handsomely with much obeisance and few doubts by Congress.
And also keep in mind that, of the four branches of government, only two of them -- an activist Supreme Court and the national security state -- seem capable of functioning in a genuine policymaking capacity at the moment.
"Misleading" Congress
In that light, let's turn to a set of intertwined events in Washington that have largely been dealt with in the media as your typical tempest in a teapot, a catfight among the vested and powerful. I'm talking about the various charges and countercharges, anger, outrage, and irritation, as well as news of acts of seeming illegality now swirling around a 6,300-page CIA "torture report" produced but not yet made public by the Senate Intelligence Committee. This ongoing controversy reveals a great deal about the nature of the checks and balances on the Fourth Branch of government in 2014.
One of the duties of Congress is to keep an eye on the functioning of the government using its powers of investigation and oversight. In the case of the CIA's program of Bush-era rendition, black sites (offshore prisons), and "enhanced interrogation techniques" (a.k.a. torture), the Senate Intelligence Committee launched an investigation in March 2009 into what exactly occurred when suspects in the war on terror were taken to those offshore prisons and brutally interrogated. "Millions" of CIA documents, handed over by the Agency, were analyzed by Intelligence Committee staffers at a "secure" CIA location in Northern Virginia.
Among them was a partial copy of a document known as the "Internal Panetta Review," evidently a report for the previous CIA director on what the Senate committee might find among those documents being handed over to its investigators. It reportedly reached some fairly strong conclusions of its own about the nature of the CIA's interrogation overreach in those years. According to Democratic Senator Dianne Feinstein, the committee head, this document was among the mass of documentation the CIA turned over -- whether purposely, inadvertently, or thanks to a whistleblower no one knows. (The CIA, on the other hand, claimed, until recently, that committee staffers had essentially stolen it from its computer system.)
The Agency or its private contractors (intelligence capitalism strikes again!) reportedly worked in various ways to obstruct the committee's investigation, including by secretly removing previously released documents from the committee's "secure" computer system. Nonetheless, its report was completed in December 2012 and passed on to the White House "for comment" -- and then the fun began.
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