Tuesday, August 30, 2016

Karelian Fever: Idealistic Americans Suffer under Soviet Rule

From the time of the Russian Revolution in 1917, and from the time of the founding of the USSR in 1922, a small but steady stream of well-intentioned people from both Canada and the United States migrated to Russia, hoping to establish a communist utopia.

That stream continued over the decades.

One demographic segment within this trend was a group of Finns. People had migrated from Finland to both Canada and the U.S., settling and establishing homes and families.

After living in North America for many years, some of these immigrants, and some of their children, formed a movement known as ‘Karelian Fever.’ They migrated back to Finland, where they intended to build a socialist society.

Fueled by visions of economic justice, they did not understand that Soviet propaganda was manipulating them. The communists in Russia and in Finland saw the idealistic migrants as cheap labor.

Finland was not on good terms with the USSR. After the 1917 revolution, Finland, a former Russian possession, declared its independence from Russia. Military conflict resulted as the Finns asserted their autonomy.

Although Finland was opposed to the Soviet Socialists, there was a significant minority of communists and socialists within Finland.

When the Finns from North America arrived in the USSR and in Finland in the 1930s, hoping to build a socialist paradise, they did indeed work diligently. But Stalin did not believe that they were trustworthy, having lived in North America.

Ultimately, Stalin chose to eliminate most of them, as history John Earl Haynes reports:

The tragic end to Karelian Fever might be worth some attention. In the early 1930s, thousands of idealistic Finnish Americans and Finnish Canadians migrated to the Soviet republic of Karelia to help construct communism. Estimates vary from at least 4,000 to as many as 10,000 of these migrants. Most had been born in Finland, migrated to North America, and then migrated back eastward to Karelia. But in their second migration they took with them their children who had been born and raised for some time and in the USA and Canada.

Stalin was paranoid. His secret police fabricated false allegations, arrested many of the Finns, and executed most of them.

After the fall of the Soviet Union, archeologists discovered mass graves containing the bodies of thousands of Finns. They had been executed by firing squad, starved to death, or died of disease in internment camps.

Many of these victims were U.S. citizens. The USSR’s actions in this case constituted an act of war. Questions remain about the degree to which the U.S. government was aware of the situation and why it failed to respond in any significant way.

Wednesday, August 10, 2016

The Judiciary’s Task: Textual Interpretation

The history of the United States can be understood through the lens of textual interpretation. Rights and freedom are defined and listed in documents, primarily in the Constitution.

One central assignment for a judge or a court is, then, to examine, explain, and apply the foundational texts both of the Constitution and of various individual laws and regulations.

If a citizen’s liberties are codified in these documents, then carefully examining the words is the activity which will protect a citizen’s freedoms and civil rights. We can see how, over the years and centuries, these texts have protected citizens and their rights from the government.

Citizens of the United States, wishing to limit the government’s power and thereby protect themselves, wrote the Constitution in 1787. It was ratified by the various states during the several years following.

In 1789, the citizens further clarified their rights by proposing, and ratifying, the first ten amendments to the Constitution, known collectively as the Bill of Rights.

These texts, along with numerous other statutes, are interpreted and applied in court. Four principles have emerged which guide legal interpretation. Attorney General and former Senator Scott Pruitt explains the first principle:

The law, whether statutes or the Constitution itself, must be applied according to its text. In other words, judges should not apply the law based on what is good policy or what they suppose Congress may have intended (but did not express) in passing legislation.

The task of a judge is to examine words on paper. The judge is not to operate out of his own opinion about what should happen, nor is the judge to guess about what Congress may have thought when it wrote the words.

The rules of a board game, or of a sport, are similar: the people playing the game, or the referees and umpires, must apply the rules as they stand and as they are written. The officials cannot make calls according their own opinions about what should happen; nor can the officials make calls based on guesses about what other people might believe.

Scott Pruitt continues with the second principle of interpretation:

The words of the law should be understood as they were understood by the people when the law was enacted.

Words and phrases can change their meaning over time. For example, the Constitution speaks of Congress issuing a “letter of marque,” a phrase which is no longer common in our language. The phrase refers to a document which authorizes a private citizen to stop pirates and turn them over to the government.

Judges must become familiar with certain words and phrases which have changed their meanings, or which are no longer often used. Why? Because rights, freedoms, and liberties are contained in those words and phrases.

The meaning of laws is fixed by the meaning ascribed to their words at the time they were enacted.

The first two principles relate to words. A notion called ‘popular sovereignty’ is contained in a third principle of constitutional

jurisprudence: an unwavering respect for the idea of popular government. Laws, including the Constitution, receive their legitimacy from the people.

The authors of the Constitution were familiar with the writings of John Locke and other philosophers. Based on such views, they argued, in the Declaration of Independence, that “the consent of the governed” lent legitimacy to a government.

The Declaration of Independence, in turn, was the philosophical foundation for the Constitution. The Constitution formulates mechanisms whereby “the governed” – i.e., the citizens – can give or withhold consent. Scott Pruitt writes:

Judges should respect the constitutional prerogative of the people to pass laws through their representative legislatures, limited by the restraints imposed by the Constitution – which was itself ratified by popular means.

The fourth and final interpretive principle for judges and courts is that the one should read the Constitution as a document which articulates, and provides defensive mechanisms for, the individual’s political liberties:

The rights actually guaranteed in the Constitution should be tenaciously defended, from the right of free speech to the rights of criminal defendants.

This is especially clear in the ninth and tenth amendments. The citizens pointedly withheld their ratification of the Constitution until those amendments were added to it.

The ninth amendment states that a citizen not only has the rights which the Constitution specifically designates to citizens, but that a citizen also has other, unenumerated, rights.

The tenth amendment states that the government has only those rights or powers specifically given to it in the Constitution, and no others. Scott Pruitt comments:

The Constitution’s primary protection of liberty is its structure of checks and balances between branches and its division of powers between the federal government and the states.

One important task for a judge or for a court, then, is to determine ‘questions of law’ – to ask about the meaning of a piece of text.

Not all of a legal process is linguistic. There are also ‘questions of fact’ – determining a physical circumstance or event.

The United States legal system was able to develop toward an increasing amount of personal liberty and toward a desired objective neutrality because it directed its judiciary to view their task linguistically. The codification of legislation in text is a public process, making the law accessible to all.

Two of the several values on which a free society bases its legal system are objectivity and neutrality.

When the interpretation of law is seen as a linguistic task, and not a political task, the legal process is nudged toward objectivity. When the judge and jury are asked to view themselves as interpreters of a text, and not expressers of conviction, then the process is nudged toward neutrality.

Wednesday, May 25, 2016

War Is Expensive: Paying for Independence

When the thirteen colonies fought for their independence, one of the chief obstacles they encountered was a lack of resources. The Continental Congress was not able to provide large quantities of men or materiel.

To address this problem, the American military used the practices of impressment and conscription. While the two terms are similar, ‘impressment’ is usually used to refer to the act of seizing property. ‘Conscription’ is refers to mandatory military service, or the ‘draft’ in modern terminology.

These practices constituted a challenge to the identity of the new nation: their grievance against England was partly based on the British army’s practices of conscription and impressment, and one of their goals in the war was to end conscription and impressment.

Was it, then, consistent or plausible to use these tactics in the effort to abolish these tactics? Historian John Maass writes:

Logistical and manpower problems and North Carolina’s efforts to resolve them occupied civil and military leaders, as well as ordinary citizens, throughout the Revolutionary conflict. These unremitting demands led to two of the most burdensome intrusions into the routines of Carolina inhabitants during “these troublesome times”: impressment and conscription. Both of these expedients produced antipathy and resistance to Patriot authorities, and undermined support for the new state in general. Moreover, they added significantly to the debilitating disorders within the state during most of the war years. Impressment, the act of seizing property for public service or use, was a lawful yet deeply resented practice adopted by North Carolina out of military necessity given the woefully inadequate logistical apparatus the state established. Despite the legitimate basis for impressment, it was subject to considerable abuse, was often overly broad in scope, and became a license to steal in the hands of some disreputable agents. This practice, vehemently opposed by merchants, planters, and poor families alike, was employed during most of the conflict, so that it affected what must have been the majority of Carolinians, whose resultant anger was directed primarily at the state. Such a widespread practice not only caused inhabitants to resist the state’s incessant demands, but also led others to join the enemy.

The practices generated resentment and bitterness among the populace, so much so that it some cases it threatened to nudge individuals to change their allegiance: to cease supporting the bid for independence and embrace instead the British colonial masters.

The Americans encountered a problem which is inherent in any society which embraces liberty as one of its highest values: any government which is strong enough to protect liberty will also be strong enough to damage liberty, and may indeed infringe on liberty in its effort to defend it.

Must one sacrifice part of one’s freedom to keep that freedom? Surrender bits of freedom to pay for the effort to defend it?

Yet the alternative was for the colonies to continue under the harsh rule of the British imperialists.

The Americans took a risk. They wagered that their government would give back the wartime powers it used in impressment and conscription. They gambled that, if they granted power to the government long enough to establish freedom from England, then the government would relinquish those powers once the thirteen colonies had established their independence.

The great historical singularity is this: that America’s risk, gamble, and wager paid off. From 1775 to 1783, Americans surrendered some of their liberty in the effort to permanently increase their liberty. It worked. In 1784, Americans had measurably more political liberty than they did in 1774.

Friday, May 20, 2016

A Terrorist Organization: the CPUSA

When the Cold War ended between 1989 and 1991, historians began to get access to data which had previously been classified and kept secret by various world governments. A whole host of mysteries were made available to the reading public.

Not only during the Cold War, from 1946 to 1990, but even earlier, since the beginning of the Soviet Union, the Communist Party in the USA had shown a surprising durability and resiliency.

When leaders like Bill Haywood, who organized one of the CPUSA’s “front” organizations, the IWW, got into trouble or were being investigated by the FBI, they fled to the Soviet Union - the source of their organization’s support.

The Industrial Workers of the World, known as the IWW or the “Wobblies,” was only one of several Soviet-funded operations inside the United States. This funding was kept secret. The public didn’t know that the IWW ultimately answered to Moscow.

The IWW was instrumental in organizing the Seattle General Strike of 1919, in which thousands of ordinary citizens were held hostage by socialist and communist terrorists who controlled the city for several days, keeping families confined to their houses for many hours per day, and controlling every aspect of life with totalitarian rigidity.

Not only during the ‘Cold War,’ generally defined as lasting from 1946 to 1990, but also starting even as early as 1919, the USSR was funding, organizing, and directing activities in the United States.

Through its various ‘front’ organizations, the international communist conspiracy hoped to achieve a “violent” revolution in North America. The conspiracy explicitly used the word ‘violence,’ and envisioned sabotage, assassinations, and brute force to impose its socialist agenda on the populace.

As historian John Earl Haynes notes,

My research colleague, Harvey Klehr, and I were extremely fortunate to be the first historians to explore several major long-closed archives: the Communist International and Communist Party of the USA (CPUSA) records in Moscow, the decrypted Soviet cables of the National Security Agency’s Venona project, and the KGB archival notebooks of Alexander Vassiliev. Among the most surprising discoveries was that the Soviet Union’s secret subsidies of the CPUSA were much larger and lasted much longer than we expected, only ending in 1988 with a $3 million secret payment. In addition, the number of American sources recruited into Soviet espionage between 1935 and 1945 was much larger than we had earlier expected, and the extent of the CPUSA’s direct involvement in that espionage, making itself into an auxiliary of Soviet intelligence, was much more extensive than we expected.

The USSR was directly involved with the CPUSA even before it was officially formed. In January of 1919, Vladimir Lenin formed contacts within a socialist party in the United States.

The Leninist-Communist elements within the United States then broke away from this particular socialist party and formed two communist parties. Moscow, however, wanted only one party, in order to facilitate easier command and control.

Directives from the USSR ensured that by mid-1921, there was one unified CPUSA. From that point forward, a direct and continuous link brought funding and instructions from the Soviet Union to the CPUSA.

Wednesday, April 20, 2016

A Brief Chance to View the Soviets Critically

Until June 1941, the USSR and the Nazis were allies. The “Hitler-Stalin Pact” was the name given to the treaty which solidified the friendship between the two nations.

Also called the “Molotov-Ribbentrop Pact” or the “Nazi-Soviet Pact,” the agreement showed the rest of the world that these two regimes were essentially brutal socialist dictatorships who were happy to work with each other to inflict misery on the rest of the world.

Americans saw this team as a serious threat. The Soviet government was Hitler’s friend, and was also planting its operations inside the United States.

The Communist Party in America, known as the CPUSA, was not an independent organization, but rather an agency of the USSR. The CPUSA was not a political party, advocating platforms and nominating candidates, but rather a terrorist organization, which explicitly stated that it sought the “violent” revolution which would overthrow the government of the United States.

In the political jargon of the era, ‘Brown’ referred to the Nazi party, and ‘Red’ referred to the Soviet Socialist government, as historian Stan Evans writes:

While it lasted, the spectacle of Brown and Red dictatorships in common harness spurred Congress to decisive action, including stern new laws that treated the two as equal dangers. Foremost among these measures was the Hatch Act, adopted in 1939 and further toughened in 1940, which outlawed the hiring or retention of federal workers who advocated the “overthrow of our constitutional form of government,” a rote phrase officially said to mean members of the Communist Party. In May 1941, Congress would adopt a bill of even broader scope, requiring scrutiny of federal workers involved with any “subversive” group whatever. This was Public Law 135, directing that the FBI investigate “the employees of every department, agency and independent establishment of the federal government who are members of subversive organizations or advocate the overthrow of the Federal government,” and report back to Congress.

When the partnership between the Nazis and the Soviet Socialists came to an end in June 1941, Stalin quickly joined the western Allies against the Nazis. This required the United States to set aside its knowledge that Stalin had planted an espionage network in America.

Certain elements inside the U.S. government - elements which had already turned a blind eye to Soviet infiltration in the 1930s - again deliberately ignored growing activity on the part of various Soviet intelligence agencies inside the United States.

While cooperation with the USSR may have been necessary to defeat the Nazis, this cooperation led some to drop their guard concerning Stalin’s intent to undermine the U.S. government.

Between August 1939, when the alliance between the Nazis and the Soviet Socialists was formed, and June 1941, when it ended, there was a period of time when U.S. intelligence agencies could view the USSR and its espionage network more critically.

Prior to that time, and after that time, there were various political influences which prevented a major effort to stop Soviet spy network inside the United States.

Wednesday, April 13, 2016

Soviet Spies Shape U.S. Policy

Between 1919 and 1990/1991, one of the chief ways in which the Soviet Union made its presence in America felt was an organization known as the CPUSA: The Communist Party USA. The smaller part of this organization was visible to the public: its rallies and conventions, its print publications.

The larger part of the CPUSA was invisible: secret memberships, clandestine meetings, encrypted messages to and from Moscow. “Among important features of the Communist apparatus,” write historians Stan Evans and Herb Romerstein, “was its interactive, global nature: the degree to which it collaborated with its sponsors/paymasters in the Kremlin and pro-Red forces in other countries.”

The USSR, through a vast and often successful propaganda effort, portrayed “the CPUSA as a well-meaning indigenous outfit.” In fact, it was a terrorist organization.

The group acted in multiple ways. On the one hand, it was “a domestic menace.” As such, it sought, in its own words, a “violent” revolution: it hoped for a “coup d’état or revolution in the streets, as happened in Russia.” This resulted in “the prosecution of its leaders for violation of the Smith Act.”

Historians debate “whether there was any realistic chance of similar dire events occurring in a U.S. context.” There probably wasn’t.

On the other hand, a more serious threat was posed by “the CP’s far more important Cold War role as fifth-columnist agent of a hostile foreign power.” The CPUSA was better at espionage than at whipping up the masses to overthrow the U.S. government.

The CPUSA’s covert operations fell into several categories. First, there was “spying — the theft of military or diplomatic secrets.” Second, there was “the overarching Communist goal of influencing U.S. policy in favor of the Soviet interest.” A third task was using the group’s hidden influence to shape the media’s reporting about the Soviet Union.

The visible CPUSA was laughably small, and some segments of the public dismissed the organization as harmless lunatics. But, although it did not succeed in overthrowing the U.S. federal government, it did inflict real damage when it influenced U.S. policy makers: bungled responses to Soviet aggression cost lives in several countries.

The CPUSA’s action led directly to the deaths of innocent civilians.

Monday, April 4, 2016

Effective Spying Requires Patience

Although textbooks often define the ‘Cold War’ as lasting from the end of WW2 until the fall of the USSR in 1990/1991, the years from 1917 until 1945 were also significant for the widespread Soviet espionage effort inside the United States.

As soon as Lenin took power in November 1917, the USSR began to think about its opportunities to spread communism inside other nations, although this would not begin until Soviets consolidated their power over Russia by eliminating resistance during the Russian Civil War, which lasted from November 1917 until October 1922.

(The communist takeover is cited as the ‘October Revolution’ because the Russian calendar in 1917 was not synchronized with western Europe and North America. Although the Russian Civil War ended in 1922, guerilla bands continued to offer resistance in the following years.)

By 1919, the Soviets had strengthened their hold on Russia enough that they could begin sponsoring subversive activities in other nations. After infiltrating various labor unions, they organized the Seattle General Strike of that year.

An entire major American city was held hostage for several days, with thousands of citizens being held captive in their houses when the strike leaders declared a curfew, and the freedom of movement eliminated when only strike leaders were allowed to drive on the city’s streets.

Decades before the traditional starting-point of the Cold War, Soviet agents were able to disrupt daily life for thousands of people in North America.

The USSR was patient in its quest to impose dictatorships on other countries. The planting of spies can take years. Once enlisted with one of the Soviet intelligence agencies, operatives often did no espionage for several years, and worked simply on gaining good reputations and access to sensitive information in their places of employment, as historian Stan Evans writes:

Communist penetration of the American government was a long-term process that ebbed and flowed but never ceased entirely. As with other infiltration targets, such as schools, media outlets, civic groups, or labor unions, the purposes were several: to influence policies and programs, make propaganda, disrupt or sabotage things from time to time, and — where chance presented — engage in “intelligence”-gathering operations, otherwise known as spying.

Until 1939, the Soviets enjoyed two decades in which they could plant spies inside the United States with relative ease. But then came a year-and-a-half long period in which the USSR accidentally showed its nature.

During the time when Hitler and Stalin were allies, it was clear that the Soviets and the Nazis were quite comfortable together. This alerted Americans to the dangers of Soviet Socialism.

As noted, such infiltration at the official level developed mostly in two phases — one in the depression years, the other during World War II. The net effect of these twin incursions was a sizable Communist presence on the federal payroll, far greater than most histories have suggested. However, in the trough between the rising waves (August 1939 – June 1941), the Hitler-Stalin pact exploded, shattering the Communist Party’s anti-Nazi image and setting back the penetration effort that prospered in the 1930s. Though these losses would later be recouped, events during the heyday of the pact would have profound effects long after it had ignominiously ended. ended. The seeds of conflict over U.S. security policies for years to come would be sown in the wild zigzags and contradictions of this era.

When the alliance between the Nazis and the Soviet Communists came to a sudden end in 1941, the Soviets worked to repair their image, and slowly convince the United States that the USSR would be a faithful ally.

Both the United States government and the public struggled with cognitive dissonance as they worked to harmonize the incompatible images of Soviet Socialism being both an ally to the genocidal Nazis and an ally to the free nations of western Europe and North America.

Inside the U.S. government, there would be a split between those who trusted the Soviets and were willing to work un-skeptically with them, and those who felt that Americans should keep an eye on the USSR’s underground spy operations in North America. This tension would continue during WW2, but was kept out of sight because of the wartime need to cooperate with the Soviets.

When the war ended, this tension became more visible, and the emergence of skepticism toward Soviet Socialism, along with the awareness of its espionage activities inside the United States, marks the traditional beginning of the Cold War.