The Mystery of Ray McGovern's Arrest

Why, I asked myself, would the New York City police arrest me and put me in The Tombs overnight, simply because a security officer at the 92^nd Street Y told them I was "not welcome" and should be denied entry to a talk by retired General David Petraeus? In my hand was a ticket for which I had reluctantly shelled out $50.

I had hoped to hear the photogenic but inept Petraeus explain why the Iraqi troops, which he claimed to have trained so well, had fled northern Iraq leaving their weapons behind at the first whiff of Islamic State militants earlier this year. I even harbored some slight hope that the advertised Q & A might afford hoi polloi like me the chance to ask him a real question.

However rare the opportunity to ask real questions has become, it can happen. Witness my extended (four-minute) questioning of then-Defense Secretary Donald Rumsfeld in Atlanta on May 4, 2006. The exchange wasn't exactly the oh-so-polite give-and-take of the Sunday talk shows but it represented what Americans should expect of democracy, a chance to confront senior government officials when they engage in deception or demonstrate incompetence - especially on issues of war or peace.

It seems a safe guess that somebody wanted to protect Petraeus from even the possibility of such accountability on Oct. 30. Also, let me make clear that I had no intention of embarrassing the retired four-star general and ex-CIA director with a question about his extramarital affair with his admiring biographer Paula Broadwell, which precipitated his CIA resignation in November 2012.

Many an aging male ego has been massaged by the attentions of someone like Broadwell, and she seemed happy to do the massaging to expedite the research on All In, her biography of the fabled general. I had decided to resist the temptation to refer to the Biblical admonition against entrusting large matters to those who cannot be faithful in small things.

The affair may not have been a small thing to Mrs. Petraeus, but it pales in significance when compared to the death and destruction resulting from Petraeus's self-aggrandizing disingenuousness and dissembling about prospects for eventual success in Iraq and Afghanistan.

Petraeus Agonistes

Assuming that Petraeus's expertise in counterinsurgency warfare was more than mere pretense, he knew both expeditions were doomed to failure. And he certainly now knows the inevitable answer to the question he famously posed to journalist Rick Atkinson in 2003 as U.S. forces troops began to get mired down in the sand of Iraq - "Tell Me How This Ends."

The twin conflicts in Afghanistan and Iraq "ended" - if that's the right word for these late-stage fiascos - with two additional stars pinned to Petraeus's uniform and with some 6,700 gold stars sent to the wives, husbands, or parents of U.S. troops killed, plus tens of thousands of purple hearts for those badly injured in both body and mind. A bad bargain for the American people and especially the dead and maimed U.S. troops - not to mention the hundreds of thousands of dead and maimed Afghans and Iraqis - but a pretty successful career move for Petraeus, if not for his fateful extramarital affair.

Surely, in the grim light of all the bloodshed, L'Affaire Broadwell can be seen as a minor peccadillo, the least of Petraeus's sins. But many of his ardent admirers view the sexual indiscretion as the only blot on his otherwise spotless dress uniform festooned with row after row of medals and ribbons.

It was my intent to put the spotlight, via a question or two, on Petraeus's far more consequentially dishonest behavior. And this seemed particularly important at this point in time, as his starry-eyed emulator generals seem no less willing than Petraeus to throw a new wave of youth from a poverty draft into a fool's-errand sequel in Iraq and Syria.

In any event, it seems reasonably clear why they did not let me enter the 92^nd Street Y on Oct. 30. Someone thought that the thin-skinned ex-general might be discomforted by a less-than-admiring question. His speech was to be another moment for Petraeus to bathe in public adulation, not confront a citizen or two who might pose critical queies. [For more on Petraeus and his acolytes, see Consortiumnews.com's "Petraeus Spared Ray McGovern's Question."]

Lingering Mystery

But one mystery lingers. The "organs of state security" (the moniker that we in the CIA used to apply to the Soviet intelligence/security services) were lying in wait for me when I walked into the Y? Why? How on earth did they know I was coming?

My initial reaction was that the culprit could be a lingering BOLO, the "Be on the Look-Out" warning that the State Department had issued against me earlier for my non-violent anti-war stances. In September, thanks to a civil rights lawsuit filed on my behalf by the Partnership for Civil Justice Fund (PCJF), the State Department rescinded that BOLO alert for me, under which State Department agents had been ordered to stop and question me on sight.

State Department documents acquired under the Freedom of Information Act showed that the damning evidence behind that draconian (and patently unconstitutional) order was "political activism, primarily anti-war."

The proximate cause was my standing silently with my back to then-Secretary of State Hillary Clinton on Feb. 15, 2011, to protest the unconscionably violent policies she had promoted, including her vote for the Bush-Cheney war of aggression against Iraq (which she thought politically smart at the time) and her infamous suggestion during her political campaign that we could "obliterate" Iran.

In response to my silent protest, I was roughed up, cuffed, arrested, and jailed as Clinton delivered a major speech at George Washington University admonishing foreign governments not to stifle dissent. Heedless of the irony, Clinton did not miss a syllable, much less a word, as she watched me snatched directly in front of her and brutally removed. [See Consortiumnews.com's "Standing Up to War and Hillary Clinton."]

The charges were immediately dropped, since there were simply too many cameras recording what actually did happen to me. A State Department investigation into my background came up dry; but the words "political activism, primarily anti-war" were enough to get me BOLOed.

The State Department assured my pro bono lawyers at the Partnership for Civil Justice Fund that State not only had rescinded the BOLO but also had notified other law enforcement agencies that the BOLO was "non-operational." But I remained suspicious that, while the State Department's assurance may have been made in good faith, God only knows (and then only if God has the proper clearances) what other organs of state security had entered the "derogatory" information about the danger of my "political activism" into their data bases.

Had my "derog" been shared, perhaps, with the ever-proliferating number of "fusion centers" that were so effective in sharing information to track and thwart the activists of Occupy - including subversives like Quakers and Catholic Workers? However, as I reflected on the circumstances of my arrest on Oct. 30, I came to discount the possible role of the BOLO.

Taken by Surprise

As I walked up the steps to the 92^nd Street Y on Oct. 30, I had no idea there would be a reprise of the treatment accorded me three-and-a-half years ago at Hillary Clinton's speech.

My friend and associate in Veteran Intelligence Professionals for Sanity (VIPS) Bill Binney, a former Technical Director at the National Security Agency before he left in protest against NSA's unconstitutional eavesdropping on Americans, long since advised me to assume that I am one of several thousands subjected to post-Fourth-Amendment surveillance.

So I had taken the precaution of asking a friend, who was in no way linked to me via email or phone records, to order the ticket for me, just on the off-chance the organs of state security might learn I intended to hear Petraeus speak at the 92^nd Street Y and might do something to prevent my attending.

Actually, it was pure coincidence that I happened to be in New York on the day of the Petraeus event. Months before, I had committed to teaching classes at Manhattan and Fordham universities on Oct. 30. I learned of the Petraeus event much later.

At that point, I chose what I thought would be a safe way to purchase a ticket. But I apparently failed to practice the kind of "tradecraft" in terms of limiting associations that is needed to function in today's democratic society.

How did the organs of state security learn I was coming? It is more likely to have been guilt by association than the residue from a BOLO. In short, when I travel to New York to teach, I normally email my friend Martha at Maryhouse in the Bowery - the Catholic Worker house founded by her grandmother, Dorothy Day.

If there is a free bed, I gratefully receive Catholic Worker hospitality and have a chance to enjoy the company of those who have been placed at the margins of society, as well to witness the selfless kindness of those forming authentic relationships with them.

Here's the catch. Catholic Workers are involved not only in extending hospitality but also in activism, trying, as Dorothy Day did, to make the world a less violent, more caring place. It is primarily the activism, of course, that brings scrutiny from the organs of security, but you might call it "political activism, primarily anti-war," as the State Department did.

Moreover, the Catholic Worker Movement is an international organization widely looked upon as subversive of the Establishment, and this adds to the suspicion. In recent years, many of my Catholic Worker friends have been arrested for protesting the use of drones to kill foreigners dubbed "militants," most of whom don't look like most of us.

But the targets can now include American citizens, as President Barack Obama turns the Constitution upside down and takes it upon himself to act as judge, jury and executioner. Yes, the Fifth Amendment has gone the way of the Fourth, and the First has become an endangered species. Worth protesting before it too is extinct, would you not agree?

At The Tombs

In a kind of poetic justice, it turns out my friend Martha has the same court date as I have - the morning of Dec. 8 at the New York City Criminal Court building (aka "The Tombs") at 100 Centre Street in New York, where I spent the night/morning of Oct. 30/31. She was arrested with about 100 others at a Sept. 22 action dubbed "Flood Wall Street," protesting the important role of the financial industry in facilitating air pollution and global warming.

In an aside, Martha told me that the police had as much trouble getting handcuffs on the "polar bear" sitting next to her that day as they did on Oct. 30 trying to bend my injured left shoulder back far enough to get the cuffs on me. I look forward to standing at the same dock where Martha will be defending her action which was very much in the tradition of "Grannie."

My Catholic Worker friends comfort the afflicted, while in no way shying away from afflicting the comfortable, as the saying goes. And for that, they often pay a price, including being snooped upon, in violation of the Fourth Amendment, for exercising their rights under the First.

I am not making this up: In the fall of 2010, Justice Department Inspector General Glenn Fine criticized the FBI for conducting "anti-terrorism" spy operations against the Catholic Worker Movement and even the Thomas Merton Center in Pittsburgh. According to Fine, spies were sent into the Merton Center to "look for international terrorists." One of the informers photographed a woman he thought was of "Middle Eastern descent" to have her checked out by "terrorism analysts."

So my possible tradecraft lapse may have been contacting my Catholic Worker friends. On Oct. 26, I sent Martha an email with the innocuous title, "Room in the Inn?" It contained the usual request for simple lodging at the Catholic Worker together with details regarding my classes at Fordham and Manhattan and the Petraeus event.

While the title and other metadata accompanying that message might seem singularly unsuspicious, eavesdroppers covering Martha's or my email addresses (or both) would have had no trouble ferreting out an email exchange following an earlier attempt to attend an event at the 92^nd Street Y, three years ago.

On Sept. 8, 2011, a group of Catholic Workers, together with others - all of us with valid tickets - were summarily expelled, most of us 10 minutes before an event sponsored by the Jewish Policy Center. That event bore the title "9/11 a Decade Later: Lessons Learned and Future Challenges" and featured former Defense Secretary Rumsfeld, ex-Attorney General Michael Mukasey, and George W. Bush's press spokesman Ari Fleisher. It was moderated by neoconservative talk show host Michael Medved.

Since I was not among those subjected to Y security's preventive strike before the performance, I sat quietly for Medved's opening rant about radical, fundamentalist Muslim terrorists, but then stood up in silent witness against the right-wing invective. I was unceremoniously, violently thrown out after a mere two minutes.

More relevant here: I still have in my email inbox a message of encouragement dated Sept. 12, 2011, in which Martha reminded me that every action, "successful" or not, is important; adding, "We of the Catholic Worker are 'fools for Christ,' as the saying goes."

Only Metadata

You are perhaps thinking that the National Security Agency stores only metadata; and, if so, you would be wrong. Content is saved. So if the government wants to access the content of emails from the past, no problem.

As Bill Binney reminded me, former FBI director Robert Mueller let that particular cat out of the bag three-and-a-half years ago. In his testimony to the Senate Judiciary Committee on March 30, 2011, Mueller bragged about having access to "past emails and future ones as they come in."

Binney explains that the metadata is used to access the content. And, thanks to the documents provided by Edward Snowden, we know that under NSA's PRISM operation, data is routinely collected directly from Google, Microsoft, Yahoo, Facebook, PalTalk, AOL, Skype, YouTube, Apple (and God knows where else, again assuming God is cleared).

So my best guess is that I can blame the "subversive" activities of the Catholic Workers and the monitoring of them by the organs of state security, for my recent arrest and overnight accommodations in The Tombs.

The people at the World Can't Wait in New York, who were also aware of my plan to take in the Petraeus performance, are known to have been targets of eavesdropping, too. With the surfeit of people sorting through emails from suspicious folks, it may be that both the Catholic Workers and the World Can't Wait were both monitored - all to keep us safe, of course.

It seems the height of irony that it may have been NSA's eavesdropping that enabled the White House to get rid of Petraeus, when he was getting too big for his britches (and I allude here not only to his dalliance with Broadwell). To Bill Binney, it is clear as day that the President was ready to move against Petraeus right after Obama's re-election in November 2012.

A Final, Sad Irony

A couple of days after my arrest and jailing, I received a sympathetic email from "George" in Germany, who described himself as a national security whistleblower in his own right. George strongly suggested I ditch my Gmail account.

"Before Edward Snowden's revelations last spring," he said, "I too was using Gmail as my primary address. I was dismayed to learn that Google was an NSA PRISM partner." George strongly suggested that I switch to a more trustworthy email provider outside the U.S. and actually suggested one in particular.

Why ironic? In the years after my birth in 1939, Germany was widely considered the cutting edge on matters of eavesdropping and enhanced interrogation techniques. and most Germans didn't challenge these forms of oppression even when it touched them personally. Perhaps saddest of all, those with some pretense to moral leadership - first and foremost the Catholic and Lutheran Churches - could not find their voice. Is that history repeating itself in the U.S.?

In Defying Hitler, Sebastian Haffner's journal of his life as a lawyer in training to become a judge in Berlin in the early 1930s, the author (whose real name was Raimund Pretzel) provides an eerily reminiscent account of what ensued after Berlin's equivalent of the attacks of 9/11 - the burning of the Reichstag.

"I do not see that one can blame the majority of Germans who, in 1933, believed that the Reichstag fire was the work of the Communists. What one can blame them for, and what shows their terrible collective weakness of character ... is that this settled the matter.

"With sheepish submissiveness, the German people accepted that, as a result of the fire, each one of them lost what little personal freedom and dignity was guaranteed by the constitution, as though it followed as a necessary consequence. If the Communists had burned down the Reichstag, it was perfectly in order that the government took 'decisive measures.' ... from now on, one's telephone would be tapped, one's letters opened, and one's desk might be broken into." (pp. 121-122).

Substitute Americans for Germans, terrorists for Communists, September 11, 2001, for 1933, and give some thought to where we seem to be headed. Dr. Martin Luther King Jr. warned that "there is such a thing as being too late," a quotation that, ironically, President Obama is fond of citing. It would be a good thing if we Americans woke from our lethargy before it is too late.