Sunday, March 08, 2009

Understanding Glenn Greenwald


Jeffrey Goldberg recently had a spat with the world's most obnoxious blogger, Glenn Greenwald. One of Greenwald's methods of self-aggrandizement is to poke big media bears, hoping to elicit a reaction he can pounce on. He's smart enough to know that most blogs combine overweening self-assurance with unlettered opinion, and this annoys real journalists, who are constantly under siege by them. So Greenwald tries to exacerbate the annoyance into outrage by launching over-the-top attacks from his Salon redoubt. The responses he gets are almost guaranteed to be curt and dismissive, which enables him to play maverick media critic on your behalf.

Goldberg, whose work I like, is the antithesis of Greenwald in relation to foreign policy: he's a reasonable proponent of humanitarian military intervention, and he morally favors open societies over tyrannies. But sadly Goldberg, like many others, fell into Greenwald's trap. So I sent him the following letter. I reproduce it here, because it covers themes central to this blog.

Greenwald is an instructive example of the Left/Right isolationist consensus that has been dangerously empowered by Bush's bungling of Iraq. In fact, the cause of their contretemps was Goldberg denouncing Greenwald -- who is often mistaken for a Left Democrat -- for writing for the Buchananite American Conservative. This consensus exerts itself more and more. We're seeing it now with the Chas Freeman controversy. Witness the Nabokovian farce of Robert Dreyfuss, an ex-Larouchie, trumpeting Freeman -- the "realist" analyst who mused that the Chinese government was too soft on the protesters at Tienanmen Square -- in the pages of The Nation! Think about that tangle of thorns. It's Freeman's perceived hostility to Israel that got all these people on the same page.
Dear Jeff,

Having appreciated your work for some time, and having just finished and enjoyed Prisoners, I was gratified to see you call out the singularly noxious Glenn Greenwald on your blog. I knew he would retaliate with a polyadjectival tsunami of snark -- have you noticed how putrid a writer he is? -- but I have to say your reply "Glenn Greenwald is Hysterical" left a couple of things to be desired. One, it was too dismissive, almost making it seem like you didn't have a counterargument with which to engage him. Two, implying that Greenwald is a Jewish Uncle Tom for writing for The American Conservative played into his hands. Like many people who make a pinata out of Israel, Greenwald wants everyone to believe he endures Galilean persecution for being brave enough to criticize the Jewish State. So calling Greenwald a patsy of anti-Semites and leaving it at that was throwing him red meat.

But most important is how you've misread Greenwald. I don't think Greenwald is an anti-Semite or a self-hating Jew, and anyway, his psychology is unknowable. More discernible is his political psychology. You noted that anti-Semitism is a meeting point of the far Left and Right, but increasingly since the fall of the Soviet Union, so too has been isolationism, or more accurately, military non-interventionism. Maybe the first notable example of this was the Chomskyite Left's opposition to NATO "imperialism" in the Balkans, a position eagerly echoed by Pat Buchanan and his epigones. This grew into the colicky mass of "progressives", paleocons and "libertarians" (cf. Justin Raimondo) who made up a good chunk of the "anti-war" opposition to invading Iraq. It was much remarked at the time that these people didn't agree on much; but their isolationism inured them to the humanitarian potential of toppling Saddam and his demonic sons. Now Bush's multifaceted failures in Iraq have cemented their triumphalism, and sadly, convinced a lot of liberals of the wisdom of these illiberal politics.

The other thing these "anti-war" activists agree on is the peculiar evil of Israel and Zionism. Some of them are old-style Right-wing anti-Semites; some are "New Antisemites", Leftists who genuinely fixate on Zionism rather than use it as a merkin to hide an uncomplicated hatred of Jews; and still others are committed isolationists, people of the Left and Right, who decry foreign entanglements, and often exhibit a Lindberghian phobia of Jewish foreign entanglements, both real and imagined.

The latter is the school Glenn Greenwald comes from. This isn't the first time he's written for the American Conservative (see the 1/14/08, 6/18/07, 1/15/07 and 4/10/06 issues). Those other pieces aren't about Israel, but they do treat neocon hubris and the surveillance state -- topics, along with Israel-hatred, nativism and social conservatism, that animate Buchananite isolationists. Greenwald has also praised Ron Paul, whose non-interventionism sinks to crank levels and has always had a sturdy hard-on for Israel. Greenwald is a Paulite non-interventionist dressed up as a Left Democrat. This public Janus-face allows him to appeal to both the Left and Right sides of the coalition that is his audience. His non-interventionist Israel-phobia unites progressives and Buchananites.

It's not a savory job, but pick through the compost of Greenwald's blog, which furnishes ample evidence now that you know what you're looking for. You'll find truffles like Greenwald quoting George Washington on "entangling alliances" (1,2); speculating how George Washington would feel about an alliance with Israel (3,4); sounding the reveille that "neocons" and "the Israelis" are "as transparent as they are dishonest and bloodthirsty"(5); and praising The Israel Lobby, which argues, "the U.S. has a terrorism problem in good part because it is so closely allied with Israel"(6).

After the Gaza drubbing, Greenwald was finally emboldened to spell it all out: "The U.S. already pays a very substantial price for its decades-long, blind and one-sided support for Israeli actions... U.S. support for Israel has been particularly costly over the last several years... If, as it appears, the face Israel is now choosing for itself is that of Benjamin Netanyahu and Avigdor Lieberman, then the cost to the United States of ongoing, one-sided support for Israel is going to skyrocket, and the need for serious change in U.S. policy towards Israel will be even more acute."(7)

Hopefully this will help you understand and handle Greenwald, should you choose to engage him again. I think he jumped the shark a while ago, and now that Bush his bete noire is gone, he'll spin himself out on the standard crank portfolio of Israel, neocons, MSM malfeasance and the surveillance state. But I do think it's important to analyze and expose him, because Greenwald is a neat example of the post-Cold War phenomenon of Left/Right isolationism, and if people begin to properly view him in that light, maybe it will help undo some of the damage done by Bush to liberal interventionism.

Yours,

John-Paul Pagano
The Socialism of Fools
http://socfools.blogspot.com

I edited the original for clarity.

Nota bene: This American Footprints blogger believes Freeman might have been misinterpreted in relation to Tienanmen Square.

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Saturday, March 07, 2009

Be Careful What You Wish For


You might accuse me of splitting hairs in specifying that Chas Freeman is "not so much anti-Israel as pro-Saudi", but there are good reasons for recalibrating the focus on Freeman.

If Freeman is still a Saudi shill, if anything that means he will bring a stronger anti-Shiite than anti-Israel bias to his post. That's because, while ideologically the Saudis would love to see the Jewish state destroyed, they are practically terrified by the Shiite risorgimento we've created by bungling Iraq. (To be sure, they hate the Shiites ideologically too.) The Saudis know Israel doesn't pose a threat to them. Iran is a different matter.

The most recent milestone on the road leading to an American denouement with Iran due to its nuclear ambitions was the 2007 National Intelligence Estimate. That document concluded that Iran had halted its nuclear weapons program in 2003. National Intelligence Estimates are summary approximations of the opinions of all the US intelligence agencies on a security issue. They are released by the Director of National Intelligence, who is currently Dennis Blair. The chair of the National Intelligence Council oversees the process. Dennis Blair has picked Chas Freeman to chair the NIC.

If Freeman is in thrall to the Saudis, then he might feel compelled to do one of two things with respect to Iran. Out of anti-Israel animus, he might be inclined to underestimate Iranian nuclear prospects in a Lindberghian gesture to prevent our going to war with Iran on behalf of Israel. In fact, in remarks to the 14th Annual US-Arab Policymakers Conference, Freeman snarked:
Some of the same people who neoconned the United States into invading Iraq are now arguing for an attack on Iran as a means of ensuring that it does not eventually acquire nuclear weapons.

But because of the regional playing field, it's more likely that Freeman will be inclined to overestimate Iranian nuclear prospects, so as to leverage American power in favor of his Sunni paymasters.

This could contribute to a devastating outcome, one that again underscores the absurdity of the argument of anti-anti-Israel partisans that the Freeman pick spells an end to The Lobby's subordination of American interests.

It would also be brutally ironic for the liberals among these partisans who are clamoring in favor of Freeman. These same anti-warriors who found it so hard to believe Mahmoud Ahmadinejad meant it when he called for Israel to be wiped off the map -- or that he even said it at all -- are now agitating for the appointment of an intelligence chief who might oppose Iran more than the Jewish state.

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Sunday, March 01, 2009

Not So Much Anti-Israel as Pro-Saudi


The case that Charles "Chas" Freeman is a fanged Israel-hater is weak so far. It hinges largely on his being an Arabist ex-foreign service officer, his think tank being generously funded by the Saudis, and on several comments he made calling out Israel in straightforward terms. Here's one that's been shofar-blown around the web:
"Demonstrably, Israel excels at war; sadly, it has shown no talent for peace."

Jeffrey Goldberg argues that an "analyst-in-chief", as opposed to a polemicist, would acknowledge the "complex truth" that "quite often it's been the case that both sides in the conflict have shown no talent for making peace". That's true, but many have been less thoughtful. The Joseph Trumpeldors of Contentions speculate: "Had the public (and specifically Jewish voters, who voted overwhelmingly for Barack Obama) known that Obama would appoint the Saudi-funded, Israel-bashing, analytically-disabled Chas Freeman to a key national security position, I wonder if he would have cleared the bar of acceptability for commander-in-chief."

Actually Dennis Blair, the National Intelligence Director, picked him. And it's silly to elide Obama and Freeman. Freeman's role will be to oversee the collection and editing of intelligence for Blair, who in turn will brief the President. Freeman will surely have influence, but this involves a lot of different people. He's not going to be Rasputin.

There is a tendency to exaggerate the influence of individual government officials, ignoring -- in a conspiratorial fashion that, not for nothing, is favored by the far Left and Right -- that most everyone is merely a cell in the vast hive of politics. That's not to say people don't have influence, some a lot more than others; but Freeman, especially as chair of the National Intelligence Council, isn't going to torpedo American government support for Israel. And as others have recognized, it will be constructive for idealist forces to engage opponents in the Obama administration. Freeman is known to be an articulate and fearless polemicist, perhaps to a fault by the standards of politicians. James Fallows (or more precisely, Fallows' "friend") clarifies and elaborates:
"... as head of the National Intelligence Council... [Freeman] would be exactly right. While he would have no line-operational responsibilities or powers, he would be able to raise provocative questions, to ask 'What if everybody's wrong?', to force attention to the doubts, possibilities, and alternatives that normally get sanded out of the deliberative process through the magic known as 'groupthink.'"

But Freeman need not hate Israel to undermine it and America. He need only have excessive admiration for the Saudis, with whom he was intimate as Ambassador to Saudi Arabia from 1989 to 1992, and for whom he shilled before and during his tenure as president of the Middle East Policy Council, a think tank founded in 1981 by another ex-foreign service officer named Richard H. Curtiss (more later about Curtiss).

In a post-Iraq and Iran-ascendant Middle East, the Saudis are shaping up to be the Sunni Arab vanguard, in play against the Shiites of Iraq and Iran, and the Israelis, among others. As such, it's troublesome that Freeman has accepted $1 million from Saudi Prince Alwaleed bin Talal to bankroll the Middle East Policy Council. Practically, that seems to be the cause or effect of the fact that Freeman's public statements about Israel and 9/11 express the Saudi line.

In 2002 Freeman asked during a symposium held by The Washington Institute:
And what of America’s lack of introspection about September 11? Instead of asking what might have caused the attack, or questioning the propriety of the national response to it, there is an ugly mood of chauvinism. Before Americans call on others to examine themselves, we should examine ourselves.

In a speech in 2006 to the 15th Annual US-Arab Policymakers Conference, Freeman observed:
We have paid heavily and often in treasure in the past for our unflinching support and unstinting subsidies of Israel's approach to managing its relations with the Arabs. Five years ago we began to pay with the blood of our citizens here at home.

These are just a more straightforward version of the rider Prince Abdullah attached to his $10 million gift to the city of New York to help rebuild after 9/11, which Rudy Giuliani rightly spat on and sent back:
However, at times like this one, we must address some of the issues that led to such a criminal attack. I believe the government of the United States of America should re-examine its policies in the Middle East and adopt a more balanced stance toward the Palestinian cause. While the UN passed clear resolutions numbered 242 and 338 calling for the Israeli withdrawal from the West Bank and Gaza Strip decades ago, our Palestinian brethren continue to be slaughtered at the hands of the Israelis while the world turns the other cheek.

The practical drivers of Abdullah and Freeman's statements include a desire to divert attention from the fact that Osama bin Laden, while hardly phlegmatic about the Arab-Israeli conflict, cited American military presence in and cooperation with Saudi Arabia as the main reason Al Qaeda undertook jihad against America. (American support for Israel was the tertiary reason.)

Bin Talal's refocus on Israel was the classic regional despot's diversion. Freeman echoing it doesn't speak well for his analytical powers or objectivity. That he would slap America in the face with it on behalf of Saudi Arabia, the country that has done so much to nourish the filthy ideology that produced 9/11, and provided the manpower for the attacks, says a lot about the premise that Freeman is an antidote to those who would subordinate American interests to foreign concerns.

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Sunday, June 08, 2008

Iran and the Jews


My position on war with Iran has been the same for some time -- I am against it. An American, NATO or Western-coalition attack on Iran would be a humanitarian disaster; militarily useless; and a catastrophic signal to the large segment of Iranians who are pro-Western and anti-totalitarian that the mullahs were right all along.

This is not mitigated or refuted by acknowledging the genocidal nature of Iran's theocratic war party, which is stridently represented by Mahmoud Ahmadinejad. But where there is a war party, there is some kind of peace party, and Iran's is significant. Iran has never initiated a conventional assault on any state and appears to respond rationally to diplomatic and military pressure.

Still the threat posed by the mullahs' millenarian Islam to Middle East Jewry must be acknowledged. It is -- I state with stoical restraint -- of interest to people of liberal sentiment. Iran has long fought a war against the Jews and the state where they ingathered after the Holocaust. It does this through millenarian proxies such as Hezbollah and more recently Hamas. If Iran eventually manages to weaponize uranium meant for its sham civil energy program, its nuclear arsenal will either back traditional or comprise a new breed of attacks on the Jewish state.

These are key reasons to vigorously confront the efforts of putatively anti-war campaigners, armed with the pseudo-scholarship of Juan Cole, to minimize or falsify Ahmadinejad's call for Israel's destruction at the 2005 World Without Zionism conference in Tehran. These are lies of an illiberal segment of the Left that, for a complex set of ideological reasons, privileges the well-being of Muslims over Jews.

Sadly there are reverberations of this among the liberal elite. A week ago, the New York Times Sunday Book Review published a survey of working writers' book recommendations for the Presidential candidates. This was before Hillary Clinton bowed out. The writer Junot Diaz addressed this to her:

Hillary: What to recommend to a driven, brilliant, flawed woman who has no problem threatening to obliterate Iran, should they attack Israel? I recommend Peter Balakian’s “Black Dog of Fate,” in an attempt to cure her of her genocidal impulses. Armenians know all about being “obliterated,” and perhaps that nation’s suffering and miraculous survival will crack Pharaoh’s heart. But don’t bet on it.

An exquisite pomposity inhabits allegorical writing as tone-deaf as this. Hillary’s promise to "obliterate" Iran was made in narrow reply to the hypothetical of its launching a nuclear attack on Israel. I shouldn't have to point out that this would result in the destruction of almost as many Jews as were killed by Nazi Germany. Diaz is oblivious to this. Robotically he likens Hillary to a golem -- mindless and bloodthirsty -- who targets innocent Iranians with her "genocidal impulses", and he does this by invoking Pharoah, Biblical captor of the Jews!

This is not the usual argument, in which people claim that irrespective of its ideological commitments and arsenal, Iran would not commit suicide by directly attacking Israel. Instead Diaz accepts that Iran has destroyed Israel and responds only by adducing the Armenians to speak truth to American power.

The Jews also know something about being obliterated, Mr. Diaz. It is knowledge that electrifies the machinery of real humanitarianism.

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Monday, June 02, 2008

The Anti-Totalitarian Future?


In the New York Times, Stephen Farrell reports there are only a handful of known Jews left in Iraq. What was presumably the last operating synagogue closed in 2003 when the chaos became too dire. Matthew Yglesias derives the following from the story:

... the upshot of the factoid about the synagogue seems to be that the U.S. invasion actually turned Iraq into a less hospital [sic] place for Jews than was Saddam Hussein's rabidly anti-Zionist rapacious dictatorship.

That's precisely the upshot a "reality-based" liberal would take from it, but it's historically illiterate. To be fair Farrell's article encourages a hasty reader to make that interpretation, but in Yglesias' case this appears to be just anti-Bush snark. One is wrong, the other wrong-headed. In The Assassins' Gate, George Packer makes it clear that Saddam's "anti-Zionism" -- the euphemism used by both Yglesias and Farrell -- so thoroughly poisoned younger generations of Iraqis that Iraqi Jews had basically become cryptids by the time of the invasion. The synagogue that closed in 2003 must have been an outlier.

Gate also illuminates the quote at the end of Farrell's piece, in which the main interviewee's father laments that he "used to spend more time with Arabs than Jews". He, an octogenarian, is referring to comity with Iraqi Muslims of his generation, their children and their childrens' children. These are people who formed their opinions about Jews before the anti-Semitism of the Baathist regime corrupted the later generations.

Insofar as it's particular to them, the situation today for Jews in Iraq has only a little to do with the Gulf actions. Our invasion has inflamed the Baathist die-hards and Islamist conspirazoids, but those processes were well under way during the inter-war years. It's true the chaos resulting from the stupidity and incompetence of the occupation has accelerated and amplified all kinds of violence. But to fold up your Times, rest it beside your latte, tisk and tick this off as one more "upshot" of Bush's war is just dilettantism. It collapses the history of Iraqi anti-Semitism -- which replayed across the Arab and Muslim world -- and yokes it to a cheap, partisan point.

Neoconservatism is the mullet of American politics. If Obama becomes President, a "reality-based" liberalism will be in the ascendant. It's interesting to consider what these people choose to notice and when.

Postscript: An older, related post.

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Sunday, June 01, 2008

The Anti-War Conscience


Manouchehr Mottaki, the foreign minister of Iran, has echoed his president Mahmoud Ahmadinejad's call for Israel's destruction:

TEHRAN (AFP) — Iranian Foreign Minister Manouchehr Mottaki called on the world's Muslims on Sunday to work to "erase" Israel, in the latest verbal attack by Tehran against the Jewish state.

"As the Imam Khomeini said, if each Muslim throws a bucket of water on Israel, Israel will be erased," Mottaki told a conference in Tehran, recalling a saying by Iran's late revolutionary leader Ayatollah Ruhollah Khomeini.

President Mahmoud Ahmadinejad has sparked international outrage for his repeated attacks against Israel, which he has predicted is doomed to disappear and described as a "stinking corpse" and a "dead rat".

His most notorious attack was in 2005 when he repeated another saying from Khomeini calling for Israel to be "wiped from the map".

Mottaki added: "More than ever, the Zionist regime is disintegrating from within. Today, the Islamic resistance in this region has shattered the regime's legend of invincibility."

While Ahmadinejad and top military commanders reguarly predict the demise of Israel, such virulent attacks from the foreign ministry are relatively unusual.

This latter point is key. When Ahmadinejad called for Israel to be wiped off the map at the World Without Zionism conference in Tehran, Foreign Minister Mottaki was one of the Iranian government officials who came forward claiming that Ahmadinejad didn't really mean what he said. This fueled both the notions that the Iranian president was merely speaking metaphorically, and that no matter what he meant, Ahmadinejad is just a "puppet" whose opinions will not translate into government policy. Mottaki's defense was interpreted as a demurral to hard-line sabre-rattling by saner elements in the Iranian government.

Now, if we work within the framework set by Ahmadinejad's apologists in 2005, Iran's war party appears to have enlarged, but we need not do to be alarmed. Mottaki's foreign ministry also has been busy reassuring Hamas that a Syrian détente with Israel will not lessen Iran's support for its genocidal enterprise.

When Ahmadinejad trumpeted his desire to see Israel destroyed, a clutch of liars arose to retail the disinformation that he was mistranslated. They were led by Juan Cole and largely comprised left-wing foes of Israel. Minimizing or falsifying his words, they alternately claimed that he was expressing simple anti-Zionism, that he was calling for mere regime change, and, most risibly, in the words of Cole himself, that Ahmadinejad's statement was "in fact probably a reference to some phrase in a medieval Persian poem."

Insofar as Mottaki's echo of Ahmadinejad is noticed at all -- so far almost no one is reporting it -- it will be answered by the same apologists, who will do anything, even extenuate plainly genocidal decrees against Jews, to prevent a war against Iran. This is the "anti-war" conscience.

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Tuesday, May 27, 2008

Illegal Wiretapping, Indeed


Glenn Greenwald's trial conduct found "unethical"

Glenn Greenwald is a self-made blogging phenomenon, for which you have to respect him, even though he is probably the single most obnoxious writer on the Internet. His prose style is a groaning Frankenstein of juvenile syntax -- Tourettic scare quotes, volume-11 hyperbole -- bolted onto sentences that have the grace of nose-diving zeppelins. And his ego is galactic.

The worldly avatar of Greenwald's ego takes the shape of the Jew who will ostentatiously disregard his Jewishness to defend our country's founding principles. His public career began with him defending in a series of civil suits the First Amendment rights of the leader of the World Church of the Creator, a white-supremacist named Matthew Hale, who is presently serving a 40-year sentence for soliciting the murder of "Jew rat" Judge Joan Lefkow. Of the plaintiffs in two of these suits -- the Center for Constitutional Rights, William Kunstler's legal advocacy group that focuses on human rights litigation, and the Reverend Stacy William Anderson, a pastor who was shot by a rampaging follower of Hale's -- Greenwald observed, "I find that the people behind these lawsuits are truly so odious and repugnant, that creates its own motivation for me."

Now he's on a crusade to prevent war with Iran, and he's sounding the reveille that "neocons" -- ahem -- and "the Israelis... [are] as transparent as they are dishonest and bloodthirsty."

And there's a whole bunch more in between, such as praise for Walt and Mearsheimer (their book was "important, richly documented") and Israel-hating spook journalist James Bamford (he's "superb"), outrage over Israel's refusal to welcome Norman "Holocaust Industry" Finkelstein, a falsification of Mahmoud Ahmadinejad's call for Israel's destruction, and a decree that the Israeli occupation is the primary cause of radical foment in the Muslim world. He offers the latter diagnosis prescriptively, of course, as he is a Paulite non-interventionist dressed up as a Left Democrat, seeking to disentangle us from that shitty, little country.

On the other side of the coin, Greenwald can be spot-on when he's taking down right-wing hypocrisy, such as here, and especially when mocking the office pantomime of masculinity performed by that doughy chorus of pundits led by Jonah Goldberg and James Taranto. He's also voluminous on the subject of Constitutional Law and its antagonist in the Bush Administration. I'm not able to judge these writings, but I trust them a lot more than his flatulent emanations on foreign policy, as Greenwald is a former Wachtell litigator. In particular, he's had a lot to say about the Bush Administration's extensive, illegal wiretapping.

Which is why I note with a sense of irony that during his defense of Matthew Hale, Greenwald was found in court to have illegally recorded conversations he had with various of Hale's associates. I have no clue how to properly cite cases, but the document is entitled:

REVEREND STEPHEN TRACY ANDERSON, Plaintiff, vs. MATTHEW F. HALE, THE WORLD CHURCH OF THE CREATOR, an unincorporated association, and THE ESTATE OF BENJAMIN NATHANIEL SMITH, Defendants.

No. 00 C 2021

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION

159 F. Supp. 2d 1116; 2001 U.S. Dist. LEXIS 13001

and in it we find the following

I. Background

On October 13, 2000, Defendants' counsel's telephone rang. [**3] To Defendant's counsel's apparent pleasure, Kenneth Dippold, one of Plaintiff's witnesses, was on the line. Dippold voluntarily called Defendants' counsel in New York from a location in Illinois to answer any questions regarding Dippold's involvement in the underlying litigation. Dippold had received a subpoena from Defendants' counsel earlier that day.

Defendants' counsel served the subpoena on Dippold immediately upon discovering his identity on October 7, 2000. At that time, Plaintiff identified Dippold as the sole witness to support the allegation that Hale encouraged Smith to engage in the July 1999 shooting spree. Before that date, Plaintiff [*551] had not identified a witness to support this allegation.

Seizing the opportunity, Defendants' counsel hit the record button and commenced surreptitiously taping the conversation with Dippold. The conversation lasted for some time, covering in detail Dippold's contacts with Hale, the WCOTC, and various other parties having an interest in the underlying litigation. Dippold never asked if Defendants' counsel was taping the conversation. Nor did Defendants' counsel make any representations to Dippold suggesting that the conversation was or [**4] was not being taped.

The existence of the tape remained undiscovered by Dippold and Plaintiff until Dippold's deposition approximately two months later. After three hours of questioning, and allegedly a few too many inconsistent statements, Defendants' counsel revealed that the October telephone conversation was surreptitiously taped. Because Defendants' counsel proceeded to use a transcript of the tape to impeach Dippold, Defendants' counsel immediately provided Plaintiff's counsel with a copy of the tape. Any work-product protection no longer applied.

Approximately one month later, Plaintiff discovered the existence of another tape. This tape pertained to a conversation between Defendants' counsel and Ian Sigel, another witness in the case. Similar to the circumstances surrounding Dippold's tape, Sigel was in Illinois at the time of the telephone conversation, while Defendants' counsel was in New York. Sigel had also received a subpoena from Defendants' counsel.

In view of Defendants' counsel's tactics, Plaintiff served a Fourth Request for the Production of Documents and Things on Defendant. Among other things, Plaintiff requested "any and all audio tapes and/or written transcripts [**5] reflecting any conversation(s) between [Defendants] and/or [Defendants] attorney(s) and any third-party referring or relating to the [underlying lawsuit]." (Pl.'s Consolidated Mem. Supp. Mot. Compel & Protective Order at 4.) Days later Defendants responded, asserting the work product doctrine and refusing to produce any tapes.

...

As it turned out, Plaintiff quickly determined that it was necessary to brief the issue. More tapes, in fact, existed. Moreover, Defendants' counsel refused to discontinue making additional tapes...

Greenwald and Hale lost both motions relating to Greenwald's misconduct, and lost again on appeal.

Plaintiff moved to compel disclosure of these tapes, arguing that this conduct was unethical and therefore vitiated any attorney work-product privilege that may have attached to these recordings, and sought a protective order prohibiting any further recordings. The magistrate judge granted both motions, finding defense counsel's conduct unethical under two separate rules: Local Rule 83.58.4(a)(4), prohibiting "dishonesty, fraud, deceit or misrepresentation;" and Local Rule 83.54.4, stating "a lawyer shall not … use methods of obtaining evidence that violate the legal rights of [another] person." [Emphasis mine]

After disclosure was eventually made, the elaborateness of Greenwald's deceit came to light:

A 52-page transcript of one conversation showed defendants' counsel steered the conversation by eliciting particular responses to detailed questions, leading to more detailed questions, to lure the witness into damning statements for later use.

This hardly raises to the level of a Constitutional violation of privacy by the Executive, but Greenwald is never so strident as he is when exposing what he perceives to be hypocrisy. I suppose, though, we wouldn't receive the bounty of our self-anointed protectors if they were encumbered by the lofty sense of ethics they bear down on others.

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