The CIA’s Coming Watergate

June 28, 2015–Watergate was a huge political scandal in the United States that began 43 years ago, in June 1972. It brought down a president (Richard Nixon). Due to a deadline and to preparations for the diplomatic historians conference just ended, I missed marking the occasion here. But a story in today’s Washington Post brings Watergate readily to mind, this time in the context of the CIA torture report.

The pundits made one of the lessons of Watergate out as: you get ahead of the scandal by letting all the information out, right away, as bad as it looks. Richard Nixon suffered grave political damage by sitting on the Watergate evidence and having it dragged out of him, piece by piece, until the Supreme Court compelled him to surrender the tape of a conversation–dubbed “the smoking gun” (and this is the origin of the phrase, at least in its political usage) conversation, that revealed the president actively engaged in an obstruction of justice. Mr. Nixon resigned in order to avoid impeachment.

Langley took some pretty bad political hits from Watergate. Despite the agency’s intention to steer clear, Nixon made some efforts to implicate the CIA in his growing deception campaign, plus by 1972 there were lots of Americans who had their doubts regarding the spooks. Add in the fact that some major characters in the scandal were former CIA operatives, and the way the agency had cooperated with the White House–innocently it maintained–when called on to furnish help to White House smear campaigns against Nixon critics, and you had the makings of a political problem for the CIA itself. Bill Colby, before becoming CIA director, had been employed full time on controlling the damage to the agency from Watergate, a struggle that no doubt influenced his course of action in 1975, when faced with public outcry resulting in demands for deep investigation of the CIA and other components of U.S. intelligence.

Where am I going with this? You guessed it! The CIA torture program. Today’s news is that there are photographs of the agency’s black prisons. A set that may contain as many as 14,000 shots, covering facilities, CIA persons, the notorious contract psychologists, pics of detainees, etc. Imagine what demands there are going to be to release this material! Word is that the photos became known in the course of the Senate Intelligence Committee’s investigation of the torture program, but in this age of the selfie you know it had to be true–and it would have been just a matter of time before the same demands for release of such explosive evidence surfaced.

CIA mavens have already ignored–or actively evaded–multiple opportunities to get ahead of the scandal. Indeed they have added to the controversy. The destruction of videotapes of the torture (obstruction of justice), efforts to rein in their inspector general (a violation of the CIA oath), intrusions into computer networks belonging to Senate investigators (a criminal act), attempt to obtain the indictment of Senate investigators (a violation of the separation of powers clause of the Constitution), efforts to sit on–and to gut–the Senate torture report (a use of phony “national security” appeals to disguise participation in criminal activity); stalling release of the Senate report on secrecy grounds while using the time to prepare an insider/outsider public counterattack against the investigators and their report (at a minimum, the diversion of public resources and CIA work product to support private individuals’ defense against an official inquiry); and the conduct of a phony “accountability board” review, which predictably concluded that no one had done anything wrong.

Look at that long (and lengthening) list. Getting past “Photogate” is going to require yet another addition to it. And there’s the rub– how long does the list get before there’s a Watergate-type firestorm of public repudiation? The proverbial “First Casualty” may very well be the Central Intelligence Act of 1949, the agency’s statutory authority for using national security secrecy to evade the public, and indeed, all forms of accountability. That law has clearly outlived its usefulness, and now serves as an obstacle to democracy.

The first rule of holes is to stop digging.

I guess it’s not accurate to speak of the CIA’s “coming” Watergate. The agency is  already embroiled in scandal, right up to its ears.

Gamers’ Corner: Waterloo 200th

June 17, 2015–At the moment I’m actually on the other side of the world, writing about the Battle of Leyte Gulf in the Pacific War, but I didn’t want to let this moment go by without some remark. The 200th anniversary is a notable passage for anything–or person–and Napoleon is staging a remarkable comeback. Perhaps it’s not surprising that everyone’s favorite Napoleon, a French lawyer and re-enactor named Frank Samson, is choosing the big Waterloo re-enactment this week to retire in a blaze of glory.

Two centuries is both an eon and an instant. Scary to think about, but in that length of time the world has gone from the calculated and tightly-contained conflicts of the 18th Century to a point where we engage in global wars, now irrational ones, and where we are near to destroying the very environment that sustains us. The A-Bomb, the warplane, the mechanized army were instruments unthinkable in Napoleon’s day, but that man was instrumental in making those things possible in two ways: by introducing a version of state power that focused it more efficiently towards state goals, and by deepening the inculcation of a new vision of the “nation engaged” that reframed the individual as part of a mass movement. All those developments in a mere two centuries? Stunning.

Some things that exist today, such as the irredentism of Russia over the Crimea and Ukraine, are constants. In this sense the change is also that of an instant, and Frank Samson might as well be Napoleon.

But there is also an eon that has passed. The world is so different, as the A-Bomb reference suggests. Anyway, here I want to speak to my gamer friends. Not that we’ve been playing for two centuries (though games did exist in Napoleon’s time), but that an age’s work of development has occurred in gaming since Napoleon’s day. Then Bridge and Whist were common, and of course Chess, our closest progenitor for the modern boardgame. But Waterloo, specifically, became the subject for one of our first games. In fact Charles Roberts, who had made a hypothetical the subject of his first game, selected Waterloo in Europe, and Gettysburg in America as his first historical subjects.

The first insight was, you could take an event from history and make it into a boardgame. The first design innovations came on the heels of that insight–Avalon Hill’s published versions, in some editions, included an early sense for  formation (hence “front” versus “flank”) and ranged fire (with artillery units). That happened in the early 1960s.

What’s interesting to look at is the evolution of boardgames, viewed specifically through the lens of the Waterloo battle. The middle 1970s were a fulcrum point when the innovations flooded the hobby one after another. In 1974 Tom Dalgleish, Ron Gibson and Lance Gutteridge brought us the simply-titled Napoleon (Columbia Games), one of their clever assays in the use of wooden blocks to simultaneously insert a fog of war element (limited intelligence) and to afford the ability to portray attrition. Game Designers’ Workshop (GDW) came out in 1975 with 1815: The Waterloo Campaign, in which Frank Chadwick brought us the concept of “blown” cavalry (horses exhausted after making a charge) and, if I recall correctly, line-of-sight checks for ranged fire.

You can’t discuss the subject without touching on the contributions of Simulations Publications, of course. They began with Jim Dunnigan’s Napoleon at Waterloo (NAW) in 1971 which reproduced the battle action more realistically than Charlie Roberts’s design, and zeroed in on Mont St. Jean where Avalon Hill had really done a campaign game. NAW became the foundation for a whole series of Napoleonic-era productions. Dunnigan used to say that everyone has at least one boardgame in them, and this shows it. Possibly the best-known of these Napoleonic games from SPI was Borodino (in 1972), on the famous Russian battle at the heart of War and Peace. The designer of that game, John Young, was actually SPI’s accountant. Point taken. Anyway, the Waterloo campaign lent itself to recreation, and when SPI introduced its quad-game format, one of them did all the Waterloo campaign battles on the NAW system. The drama of the situation also offered possibilities at the micro- level, so when SPI followed GDW into the world of “monster” games, it published Waterloo as Wellington’s Victory, Frank Davis’s 1976 game, which moved the action to the regiment/battalion level, at which the actions at Hougoumont and La Haye Sainte acquire new meaning.

Kevin Zucker worked at SPI during much of this period and designed Napoleon’s Last Battle (1975), which has spawned an entire line of products from the company Operational Studies Group, which he formed when leaving SPI. I mention this separately because never pursued the innovations Zucker had made, and he took them with him to OSG. His NLB introduced a variety of design advances including portrayal of a chain of command by inserting leadership rules, backed counters to reflect partial losses, the idea of “march orders,” and more. This Napoleonic system has been extended and deepened through a long series of subsequent games, some on Waterloo, others on different Napoleonic campaigns.

At the strategic level David Isby did a game whose name escapes me now (I shall check) for Rand Games Associates in the mid-70s. I published Campaigns of Napoleon with West End Games in 1980. That was altogether a new approach, though it featured Waterloo as just one of many scenarios. (Incidentally, contrary to what appears on the web at BGG, Dan Palter was the publisher and claimed  no more than “contributing design” credit; and Eric Goldberg had nothing whatever to do with the design of Campaigns, only its development. The most recent entry in the strategic sweepstakes is also my game, which appeared as the 2011 annual for ATO, Beyond Waterloo  That features advances in many areas from battle portrayal in a strategic game to an ability to fight out the 1815 campaign somewhere other than at Waterloo.

In any case, as gamers reflect on the 200th anniversary of Waterloo, we have real reason to appreciate the event, which has had a real impact on the quality of the boardgames we play.

Tantrum to Practical: All Grandfathers are not Equal

June 1, 2015–As we enjoy this brief moment while Big Brother is a criminal for spying on you, we also need to move on the next stage of this foolish security nightmare. Last week, in the run up to the crash of Obama’s misguided attempt to resuscitate the eavesdropping law the White House, ending with Barack himself, put out way overblown claims (as seems to have become de rigeur) for the necessity for this domestic spying–which can be linked to only one case since 2001, and that for merely giving money to a Somali group. Others late in the week, to include Fearful Leader Clapper, the DNI; and John O. Brennan, guardian of the torture report; mixed in their own rhetoric. On May 25 I wrote of this as NSA’s tantrum (“Toddler’s Grandfather: NSA’s Terrible Twos Tantrum”) because senior officials had begun to go around saying that even if their legal authority expired the NSA could go on spying on everybody because the authority is “grandfathered” into law.

Well, now we have entered that unhappy state of entropy and it’s time to determine what, exactly, “grandfather” means. I am no lawyer, but I am a pretty fair wordsmith and I’m here to say the NSA’s trying to eat its cake after having it too. If they can go ahead spying just because, once upon a time, the authority existed (even though now it doesn’t), that’s way out of bounds. By that measure prohibition still exists because once it did. The death penalty remains in effect everywhere it has been repealed. Eighteen-year olds and women cannot vote because once they could not. The people who are trying to end abortion by passing legislation can forget it because that procedure was previously legal. Those who want controls on guns, same thing. Forget trying to enact EPA pollution standards. The Vietnam war is still with us because the repeal of the Tonkin Gulf resolution is meaningless.

That kind of approach effectively guts the power of law except for the first law on any given thing. This cannot be the meaning of law under the United States Constitution, nor the intention of the Founding Fathers.

A “grandfather clause” has to have some concrete current application in order to be valid. For example, my apartment goes co-op so I am in at the insider price, grandfathered so that cannot be denied to me.  With respect to NSA eavesdropping a proper concrete context would be specific investigations that were approved and in progress as of 12:01 AM on June 1.

As I understand it, our frantic eavesdroppers are now saying that “enterprise” programs are concrete contexts and therefore grandfathered in. This kind of investigation is a broad, open-ended, multi-directional inquiry, as in the phrase “we investigate terrorists.” The enterprise investigation bears the same relation to NSA surveillance as “signature strikes” do to the CIA/JSOC drone war. It’s what you do with surplus capacity that has nowhere else to go.  It’s a background tone for the sound system. This has nothing to do with concrete and pre-approved investigations.

That’s not all. In fact the blanket authorities timed out before June 1. The Foreign Intelligence Surveillance Court had set a specific deadline for NSA to apply for the next 90-day authorization of its blanket programs. The spooks did not meet the filing deadline. The authorization duly expired.

At 12:01 AM on June 1 there was no enterprise program to be grandfathered.

As has been noted in this space before, we seem to have entered a new Wilderness of Mirrors. National security is becoming the single greatest threat to democracy.