SEARCH SITE
Subject:
Publication:
Description   |   Syllabus

Escaping the State of Exception: Terror, Martial Law and Democracy
Bard College
Fall 2009

Description

Mark Danner
Monday 7:30-9:50p
Carnegie Council (New York campus)
In the aftermath of the attacks of September 11, 2001, officials of the US government put in place what one high White House official called a “new paradigm” in fighting wars. George W. Bush’s “War on Terror” would be an entirely different kind of conflict, one that would rely to an unprecedented degree on intelligence, surveillance and interrogation. As such it would require new tools and new methods, most prominent among them warrantless surveillance, to track terrorist suspects; “extraordinary rendition,” to seize those suspects and secretly transport them to friendly countries; and “enhanced interrogation,” to persuade them to give up the information they had. Together these techniques, and the alterations in or circumventions of the law that came with them, constituted what might be called “a state of exception” - a kind of improvised and undeclared State of Emergency or martial law. In this seminar, we will study Bush’s “state of exception,” identifying and analyzing its major components. We will trace their history and debate their effectiveness. We will compare the United States’ efforts to deal with terrorism with those of other democracies, including the United Kingdom and India. Finally we will closely follow the new Administration’s ongoing efforts to revise the “state of exception” – and to help the country emerge from it.

Syllabus

Requirements. This is a discussion course about democracy, terrorism and war. Its method is simple: track these issues closely in the daily and weekly press, print and electronic; read the class assignments, usually about a book a week, sometimes two; come to class prepared to talk about them. Or, in schematic form: 

1. Attend class 
2. Come Prepared 
3. Take Part

Apart from this, a final paper taking up some of the themes and works discussed in the class will be due on December 7. A short paragraph setting out the theme or subject of the final paper will be due on November 23. 

Course Grading. Grades awarded for the course will be based on attendance, class participation and the quality of the written work. 

Newspapers, Magazines, Television. In this seminar we are examining a moving target, the “state of exception” as imposed by the Bush Administration and as modified by the Obama Administration. The daily and weekly press, both print and electronic, is extensively covering the issue, and a requirement of this course is to follow that coverage closely. 

Required Reading and Editions. Please use the editions specified in the list below. I’d strongly recommend purchase. 

Assorted Reading Bruce Ackerman, Before the Next Attack: Restoring Civil Liberties in an Age of Terror (Yale, 2006) 
 
Giorgio Agamben, State of Exception (Chicago, 2005) 

Matthew Alexander with John R. Bruning, How To Break A Terrorist (Free Press, 2008) 

General Paul Aussaresses, The Battle of the Casbah: Terrorism and Counter-Terrorism in Algeria, 1955-57 (Enigma, 2002) 

Steven Brill, After: How America Confronted the September 12 Era (Simon & Schuster, 2003) 

Matthew Carr, The Infernal Machine: A History of Terrorism (Free Press, 2006) 

Richard Clarke, Against All Enemies: Inside America’s War on Terror (Free Press, 2004) 

John Conroy, Unspeakable Acts, Ordinary People: The Dynamics of Torture (California, 2000) 

Mark Danner, Torture & Truth: American, Abu Ghraib and the War on Terror (New York Review Books, 2004) 

Jim Dwyer and Kevin Flynn, 102 Minutes: The Untold Story of the Fight to Survive Inside the Twin Towers (Times Books, 2005) 

Barton Gellman, Angler: The Cheney Vice Presidency (Penguin, 2008) 

Jack Goldsmith, The Terror Presidency: Law and Judgment Inside the Bush Administration (Norton) 

Philip Gourevitch and Errol Morris, The Ballad of Abu Ghraib (aka Standard Operating Procedure) (Penguin, 2008) 

Eric Lichtblau, Bush’s Law: The Remaking of American Justice (Anchor) 

Chris Mackey and Greg Miller, The Interrogators: Task Force 500 and America’s Secret War on Al Qaeda (Back Bay, 2005) 

Jane Mayer, The Dark Side: The Inside Story of How the War on Terror Turned Into A War on American Ideals (Doubleday, 2008) 

Alfred W. McCoy, A Question of Torture: CIA Interrogation, From the Cold War to the War on Terror (Owl Books, 2006) 

Louise Richardson, What Terrorists Want: Understanding the Enemy, Containing the Threat (Random House, 2006) 

Clinton Rossiter, Constitutional Dictatorship: Crisis Government in the Modern Democracies (Rossiter, 2007 [1948]) 

Charlie Savage, Takeover: The Return of the Imperial Presidency and the Subversion of American Democracy (Little, Brown) 

Carl Schmitt, Political Theology: Four Chapters on the Concept of Sovereighty (Chicago, 1985 [1922]) 

Geoffrey R. Stone, War and Liberty: An American Dilemma, 1790 to the Present (Norton, 2007) 

Ron Suskind, The One Percent Doctrine: Deep Inside America’s Pursuit of Its Enemies Since 9/11 (Simon & Schuster, 2006) 

Jacobo Timerman, Prisoner Without A Name, Cell Without A Number (Vintage, 1981) 

Lawrence Wright, The Looming Tower: Al Qaeda and the Road to 9/11 (Vintage, 2006) 

John Yoo, War By Other Means: An Insider’s Account of the War on Terror (Atlantic Monthly Press, 2006) 

Sketch of a Syllabus 

September 7 Introduction to the course. On the State of Exception – a matter of definition. Escaping the State of Exception: Where are we now: A matter of history. Are we at war? The Looming Tower. 

Class Notes Summary: The State of Exception: Setting aside the normative rules, suspension of normal rights, voiding of normal laws, all in a time of crisis as designated by the Bush admin. And set down seemingly in perpetuity. 
Elements: 
1. Warrantless surveillance/domestic spying via the NSA 
2. Preventative detention 
3. Extraordinary rendition 
4. Enhanced Interrogation Also an important factor: use of fear by those in power to solidify power. “With us or against us” mentality promoted, dissenting voices “soft on terror”; opposition from those in power becomes politically dangerous b/c of general culture of public fear. Any reluctant to oppose SoE b/c of “why do you care about the rights of terrorists?” argument sure to be levied against them. 

Recommended Books: The Puzzle Palace: Inside the National Security Agency, America’s Most Secret Intelligence Organization, by James Bamford 


September 14
On the identity of the enemy. Are we at war? How is this war different from all other wars? 

Reading: Lawrence Wright, The Looming Tower: Al Qaeda and the Road to 9/11 (Vintage, 2006) 

Class Notes Summary: The Antagonists in the “War on Terror”
 - For Americans, 9/11 had no historical foundations or contexts. In truth, as Wright’s book indicates, there was an immense amount of history that led up to 9/11, almost, one could argue, inevitably
 - What influenced the attacks?
o Desire to purify Islam o Desire to purify Arab lands 
o Redemption for past humiliations at the hands of the West ß Israel, US influence in the corrupt Saudi and Egyptian regimes 
o Salafist thinking ß A return to the time of the Prophet, pure religion 
• Current state: Pre-Prophet darkness that must be actively addressed - The attackers 
o Largely young, middle class men ß Radicalized b/c of life in frozen/corrupt societies w/ no opportunity, abundant corruption, Western influence, no pure religion ß Desire to actively transform society from above to something pure and uncorrupted, driven to this desire by intense humiliation/powerlessness 
• U.S. seen as main agent responsible for ills of society 
- The “Near Enemy” i.e. the decadent house of Saud, the Mubarak regime and, most importantly, Israel, all of whom are idolatrous, apostate regimes, cannot be overthrown so influence shifts to “The Far Enemy” i.e. the U.S. who props up these closer foes 
- Failure to stop 9/11 
o Not a legal problem: the legal tools existed to detect the threat and stop it before completion 
o Bureaucratic issue instead: Intelligence orgs. (CIA and FBI) inherently at odds w/ one another, unwilling to share intel. 9/11 threat could have been discovered if all intelligence had been analyzed as a whole. Conflict between the two agencies prevented this possibility from coming about. 

 Recommended Books: 
Coup d’Etat: A Practical Handbook, by Edward Luttwak Mimic Men, a novel, by V.S. Naipaul 


September 21
On the American Sense of Compromise: War and Liberty. 

Reading: Geoffrey R. Stone, War and Liberty: An American Dilemma, 1790 to the Present (Norton, 2007) 

Class Notes Summary: Measures the gov. has taken in wartime in regards to civil liberties
 - Post 9/11 SoE legal policies, just like the attacks themselves, are firmly grounded in historical precedent 
- Historically, constant struggle to balance between war and liberty 
o “Balance” is problematic, suggests a tradeoff is necessary and that a decrease in civil liberties = an increase in security and vice versa. This is an assumption, not a fact. 
- Typical reaction of wartime leaders: being seen to take action, whether that action is effective or not is of secondary importance to the fact of mere action 
o Dangerous, can lead to notion that the action itself, if done earlier, would have prevented war/attacks. The action comes to be seen as essential. 
- Politics always a factor, always considering constituents/elections etc. 
o Again, dangerous: tends to lead to political niceties and oversimplifications that prevent true understanding of an event and therefore makes preventing similar events in the future less likely ß Binary rhetoric, a carryover from Cold War politics, is common (“with us or against us” “good or evil” etc.) 

 
September 28
Terror – A History of a Peculiar Form of War. 

Reading: 

Matthew Carr, The Infernal Machine: A History of Terrorism (Free Press, 2006) 

Bin Laden Fatwah 1996, 1998: http://www.pbs.org/newshour/terrorism/international/fatwa_1996.html http://www.pbs.org/newshour/terrorism/international/fatwa_1998.html

 Bush speech to the Joint Chiefs, September 20, 2001: http://www.americanrhetoric.com/speeches/gwbush911jointsessionspeech.htm 


October 5
Fighting Terror: Method and Strategy. 

Reading: 

General Paul Aussaresses, The Battle of the Casbah: Terrorism and Counter-Terrorism in Algeria, 1955-57 (Enigma, 2002) 

Louise Richardson, What Terrorists Want: Understanding the Enemy, Containing the Threat (Random House, 2006) 


October 19
Fighting Terror: The State of Exception 

Reading: 

Clinton Rossiter, Constitutional Dictatorship: Crisis Government in the Modern Democracies (Rossiter, 2007 [1948]) 

Giorgio Agamben, State of Exception (Chicago, 2005) 


October 26
Fighting Terror: The Inside 

Reading: 

Steven Brill, After: How America Confronted the September 12 Era (Simon & Schuster, 2003) 

Richard Clarke, Against All Enemies: Inside America’s War on Terror (Free Press, 2004) 


November 2
Intelligence and Interrogation: The Heart of a New Kind of War 

Reading: 

Chris Mackey and Greg Miller, The Interrogators: Task Force 500 and America’s Secret War on Al Qaeda (Back Bay, 2005) 

Matthew Alexander with John R. Bruning, How To Break A Terrorist (Free Press, 2008) 


November 9
“Enhanced Interrogation Techniques” and Torture 

Reading: 

Jane Mayer, The Dark Side: The Inside Story of How the War on Terror Turned Into A War on American Ideals (Doubleday, 2008)

Alfred W. McCoy, A Question of Torture: CIA Interrogation, From the Cold War to the War on Terror (Owl Books, 2006) 


November 16 


November 23 


November 30 


December 7 


December 14


© 2009 Mark Danner