From the Archive: Recent cases of white police killing unarmed black men raise concern that some U.S. police are applying counter-terrorism tactics, including some learned at Israeli academies, retired JAG Major Todd E. Pierce wrote in 2015.

By Todd E. Pierce (Originally published on Dec. 11, 2015)

After more than a year of stonewalling and what some might call obstructing justice, Chicago Mayor Rahm Emanuel issued an apology for the horrific execution of Laquan McDonald by Chicago police officer Jason van Dyke. Laquan McDonald was the black 17-year-old who was shot 16 times by the police officer on Oct. 20, 2014. The video showing the shooting was only released by Chicago officials when they were ordered to do so by a judge in late November 2015.

But apology or not, the underlying substantive issue is that the summary execution of McDonald was the sort of atrocity that one would expect to see in what the U.S. once called “police states.” In fact, one can imagine a death squad execution in El Salvador in the 1980s looking very similar on video to McDonald’s slaying.

“Police state” is a term which has fallen into disuse since 9/11 with the adoption of so many similar practices by the so-called “democracies” in their domestic policies. The term generally was applied to Fascist or Communist governments and described a country where the police and the military exercised martial law over citizens or military occupation powers that uses military force to control a civilian population.

Sometimes these arbitrary powers were enforced by summary executions, depending on how much the authorities could get away with in their “extreme measures.” This was the practice in countries such as Nazi Germany; Pinochet’s Chile; El Salvador and Guatemala during the Cold War; to a lesser degree, apartheid South Africa; and military occupied territories such as Tibet, Israeli-occupied Palestine, and Eastern Europe under the Soviet Union.

But Chicago isn’t under martial law or military occupation, is it? Nor is it an apartheid state, with apartheid enforced by domestic martial law and military force, is it? To a normal civilian-oriented mind, one would think it is not under military occupation or martial law.

Seeking Israeli Training

Yet, under Mayor Emanuel, a former Israeli Defense Force (IDF) volunteer, and Garry McCarthy, the now former Chicago Police Superintendent (Emanuel fired him Dec. 1, 2015), it seems that parts of Chicago were treated as if they were occupied territory under police or paramilitary rule.

That is, under arbitrary martial law, just like the repressive martial law regime of the IDF in the occupied territory of Palestine. Martial law or occupation law is arbitrary as it is not law, but is the manifestation of the occupying military commander’s “will.”

How could this be in the civilian government of Chicago? In part, because Police Superintendent McCarthy and the City of Chicago sought out and received training by Israeli occupation forces in “counter-terrorism” policing, that is, “pacifying” a population through aggressive intelligence gathering and the application of military force. Counter-insurgency is the term used for when this doctrine is applied by military forces.

This collaboration between Israel and U.S. police agencies, including Chicago, emerged after the Sept. 11, 2001 attacks on New York and Washington. Since then, by one count , at least 300 high-ranking sheriffs and police from cities both large and small have received counter-terrorism training in Israel. For instance, in January 2003, 33 senior U.S. law enforcement officials from Chicago and other major American cities flew to Israel for sessions on “Law Enforcement in the Era of Global Terror.”

[One of the Israeli-trained police officials was Dallas Police Chief David Brown, who oversaw the police response to last Friday’s killing of five police officers and the decision to use a remote-controlled bomb to kill the shooting suspect.]

In 2009, Israel’s Midwest Consulate General co-sponsored “an intensive seminar” in Israel for senior Chicago police officials “on intelligence-led policing techniques.”

Chicago Police Superintendent McCarthy was a key participant in this Israeli training. The Israel Trade & Economic Office of the U.S. Midwest Region invited police officials to “Join Chicago Police Superintendent Garry McCarthy & the Midwest Delegation to the Israel Homeland Security International Conference 2012, and be a part of an international gathering of public security officials and private technology companies.”

In 2012, these “security officials” got to “experience demonstrations of breakthrough technologies from Israel” and “tour security infrastructure at the Old City of Jerusalem,” a city under Israeli military occupation. It wasn’t made clear if the “demonstrations of breakthrough technologies from Israel” would extend to live subjects in occupied Jerusalem.

In November 2014, Chicago’s McCarthy “led a delegation of senior law enforcement officials to Israel” as part of a training mission “to engage directly with their Israeli counterparts to discuss best practices, unique strategies, and new technologies in a range of law enforcement areas,” according to the same Israeli trade office.

“The visit also aimed to build a foundation for enhanced collaboration between the Chicago Police Department and the State of Israel.” Included in the delegation was the Executive Director of Cook County’s Homeland Security and Emergency Management Office, the Chief of Staff of the Chicago Police Department, as well as police officials from other large American cities. [The itinerary of the delegation is explained more here .]

In other words, over more than a decade, senior Chicago police officials have been studying Israel’s militarized police practices for how best to maintain a repressive military control over an occupied population living under permanent, strict martial, or occupation, law.

An Occupation Mentality

Why this matters is that Israel doesn’t have a domestic civilian policing model but instead applies a counter-insurgency policing model intended for a population under military occupation, or otherwise considered as hostile under martial law.

This policing model is being sold by Israel’s government to gullible or authoritarian-leaning U.S. police officials as a legitimate domestic policing model when, in fact, it is a military model of the sort used by militaristic, authoritarian regimes, customarily referred to as “fascist.”

What many people fail to understand about Israel and the IDF is that since 1967, now going on half a century, the Palestinian civilians who “fell into [Israeli] hands” when the IDF conquered Palestinian territory have been kept in strict and harsh military captivity of the sort the U.S. condemned when the former Soviet Union did the same to its captive peoples.

This pattern continues even though the Israeli occupation has been repeatedly declared illegal under international law. Chicago police being trained by Israeli security police and occupation forces is analogous to, and merits the same condemnation as, a U.S. city sending its officials to receive “police” training from Soviet security police who maintained military occupation of Eastern Europe in the 1950s-1960s. Or to North Korea today.

But in this case, there is also the issue of colluding with Israeli occupation authorities in an illegal occupation. These U.S. police officials are put in what should be the awkward position of aiding and abetting illegality.

Of course, one killing by a Chicago police officer, though similar to some of the killings by the IDF of civilians in the Israeli-occupied West Bank, and far below the scale of killing of the periodic “mowing the grass” that Israel undertakes in Gaza every couple of years, does not mean that illegal military occupation tactics are being practiced in Chicago. Or does it?

Secret Interrogations

In isolation, no. But while Chicago police have always had the reputation of being simply a rival gang to the many other gangs in Chicago’s history, under Rahm Emanuel’s regime, it has come to resemble an occupying military force down to a “secret interrogation facility,” as reported by Britain’s Guardian newspaper in August 2015: “At least 3,500 Americans have been detained inside a Chicago police warehouse described by some of its arrestees as a secretive interrogation facility, newly uncovered records reveal.”

The Chicago Police Department maintained that the warehouse was not a secret facility “so much as an undercover police base operating in plain sight.” But, as the Guardian reported, people were shackled and held for hours or even days without access to attorneys in violation of the U.S. Constitution, but the sort of detention permitted of Palestinians under IDF occupation.

A Chicago civil rights activist said he was abducted by masked officers, shackled and held on false charges, “with no food, no water, no access to the outside world” at the behest of “covert operations.” In other words, he simply disappeared.

Another former “detainee,” Charles Jones, was told in the interrogation room that he would be allowed a phone call once booked and processed. But he said his requests for legal counsel were repeatedly denied during the six-to-eight hours he was held at Homan Square.

“The only reason you’re brought to Homan and Fillmore is to extract information,” Jones said, referring to the cross streets of the facility.

“The police probably feel they need those covert operations because that’s the only way to get the intel they need instead of doing the good work the hard work. . . . It’s easy to just go grab someone, throw ’em somewhere no food, no water, no access to the outside world, intimidating and threatening ’em,” he said.

That is similar to intelligence-driven techniques used in counter-insurgency warfare. Several ex-Homan Square detainees told the Guardian that their detentions “were out of proportion to their alleged crimes, if any but calibrated to pressure them into becoming informants.” This, in fact, is just like what U.S. forces did in occupied Iraq and Israeli forces do in Occupied Palestine. Indeed, that is what occupying armies do.

According to The Guardian, while the police data is incomplete, the disclosures “suggest an intensification of Homan Square usage under Emanuel. Approximately 70% of the Homan Square detentions the Chicago police acknowledge thus far have occurred under the current mayor.”

At the time of The Guardian article, then-Police Superintendent McCarthy was attending a meeting on violence and policing in Washington and was unavailable for comment.

After The Guardian’s initial Homan Square exposé in February 2015, protests were held and local politicians called for investigations. But Rahm Emanuel was not among the concerned officials even though he was running for re-election in part on a platform of police reform. Instead, Emanuel took ownership of the unorthodox operation and “defended his police,” claiming, “we follow all the rules” at Homan Square and calling the reporting “not true.”

Israeli Comparisons

To Mayor Emanuel and former Superintendent McCarthy, it seemed, affluent sections of Chicago’s North Side are to Chicago’s South and West sides what Tel Aviv is to Occupied Palestine’s Jerusalem and Ramallah.

Emanuel and McCarthy seemed to have imported the Israeli military occupation ideology that just as Palestine must be kept “under the heavy heel of Israeli military occupation,” so must Chicago’s poorer areas be kept under the heavy heel of the Chicago police, acting as a paramilitary occupation force.

That Emanuel bears responsibility for all that has taken place in regard to the McDonald execution is shown in his role in making the Independent Police Review Authority (IPRA), the civilian agency that investigates allegations of excessive force by police, irrelevant.

The Chicago Tribune published an examination that found that of the 409 police shootings since IPRA was created in September 2007, only two allegations against police officers were deemed credible. (Emanuel has been mayor since May 16, 2011.)

In December 2015, in announcing that former federal prosecutor Sharon Fairley would take charge of the IPRA after the resignation of her predecessor, neither Emanuel nor Fairley addressed how IPRA would improve “its woeful track record in investigating shootings,” as the Chicago Tribune described it.

Instead, Fairley stated: “the mission of IPRA will remain the same: thorough, fair and timely investigation of police officer misconduct.” Absurdly, that seems to be a statement asserting that nothing would change, allowing the police to continue operating with a sense of entitlement as they run roughshod over a population they are supposed to protect.

According to the Chicago Tribune, Chicago police officials under Emanuel stopped participating in meetings with the IPRA to discuss officer shootings, “a change that came with the knowledge of the mayor’s office.” Will that remain the same?

U.S. Attorney General Loretta Lynch was asked whether the federal investigation would extend to the mayor’s and state’s attorney’s offices. Notwithstanding Emanuel’s alleged role in shutting down police participation with the IPRA, Lynch said the investigation would focus on the Police Department’s practices.

That’s not all that remarkable when one considers that the U.S. Justice Department and President Barack Obama declared they would take no action on the issue of “war on terror” torture by U.S. government officials involving the CIA and the military. As President Obama’s former Chief of Staff, Emanuel seems to fall under a similar protective shield of impunity.

What is remarkable is that the Illinois Legislative Black Caucus “called for Lynch to expand her probe to include IPRA and the state’s attorney’s office, but it left out the mayor’s office.” That is remarkable because Mayor Emanuel appears to be the person who gave impunity for civil rights violations to Chicago police officers to the degree that they felt legally immune in summarily executing Laquan McDonald.

A Family History

If Mayor Rahm Emanuel seems to have brought a Fascist sensibility to Chicago and the police force, it can be said it’s part of a family tradition. According to the Israeli newspaper Haaretz , Emanuel “is the son of a Jerusalem-born pediatrician who was a member of the Irgun (Etzel or IZL), a militant Zionist group that operated in Palestine between 1931 and 1948.”

In addition, according to Emanuel’s father, Benjamin, his son “is the namesake of Rahamim, a Lehi combatant who was killed” and was obviously a close friend or seen as a martyr. Both Lehi and the Irgun were terrorist organizations, not only in the eyes of the British and the Arabs in pre-Israel Palestine, but in the eyes of their fellow Jews, whom they also attacked.

Furthermore, the clandestine terror squads considered themselves Fascist organizations, not only in their tactics but in their ideology which had aligned them with Mussolini’s Italy and other inter-war European Fascist parties.

In The Road to Power: Herut Party in Israel, author Yonathan Shapiro describes Irgun as the military wing of the Betar Movement. The two groups jointly published a paper, Die Tat. Shapiro writes: “Betar activists were swept up by the radical-right nationalism then at its height in Europe.”

This was shown in the Betar press in Poland, where the Yiddish-language Betar-Irgun paper Die Tat was sympathetic to radical-right parties. The paper ran a series of articles in late 1938 and early 1939 entitled “The Third Europe,” which Shapiro says “was the overall name given to radical-right movements such as the Nazis in Germany, the Fascists in Italy, the Iron Guard in Romania, and the Franco camp in Spain, and so forth.”

One article in the series explained that Hitler’s attempted putsch in 1923 derailed “the German leadership from its track of havlagah – the same term that Zionist leaders used for their policy of moderation in their dealings with the Arab nationalist movement in Palestine.” The implication was that the Jewish radical right had to do something similar to break the Jewish leaders from moderation in Palestine.

Another Die Tat writer who was based in Tel Aviv argued that anti-Semitism wasn’t “an integral part of Naziism, which in the final analysis was a version of Fascism,” of which he approved. In an editorial entitled, “Hitler and Judaism,” a few weeks later, “the paper wrote that it did not reject Hitler’s views, not even on the race issue. It only objected to the campaign that ‘in practice’ he was waging against the Jewish people, and its desire to establish an independent state.”

Lessons of Terror

In 1942, Menachem Begin arrived in “Eretz-Israel,” as Irgun members referred to Palestine. He was “offered command of the Irgun and leadership of Betar.” Begin refused leadership of Betar on the grounds that Ze’ev Jabotinsky, though dead, remained head of Betar, and Jabotinsky as the irreplaceable leader of Betar “came to symbolize the idea of the absolute leader.”

Begin, the future founder of Likud and prime minister of Israel, was his “pupil and successor,” who shared the view of other Fascist parties that “believed in the principle of the omnipotent leader.” These were the Fascist ideas that Rahm Emanuel’s father imbibed and celebrated in his youth, and shared with his Lehi friend, Rahamim.

The distinction between the Irgun and Lehi was that the Irgun later called a truce with the British during World War II when it finally became apparent to them that Hitler represented a threat to Zionist interests, whereas Lehi saw Great Britain as much or more of the enemy than Hitler. Lehi continued terrorist attacks against Britain throughout the war.

Whatever the elder Emanuel’s political thoughts are today, he seemed to retain his youthful Fascist-style contempt for Arabs as he commented when Rahm was named President Obama’s Chief of Staff: “Obviously he’ll influence the president to be pro-Israel. Why wouldn’t he? What is he, an Arab? He’s not going to be mopping floors at the White House,” as reported in the New York Times.

None of this is to suggest that Rahm Emanuel shares any of the Fascist ideas of his father’s youthful associates in the Irgun or of his father in his youth. But if Rahm Emanuel is going to preside over secret interrogation and detention centers as the Mayor of Chicago and is responsible for a police force learning and using Fascist-style police tactics, people may begin to notice a resemblance to the youthful Benjamin Emanuel and the ideology his Irgun associates.

Emanuel’s Style

True to form in some people’s eyes after the court-ordered release of the video revealing the murder of Laquan McDonald Mayor Emanuel didn’t actually take responsibility for the cover-up except to acknowledge the obvious with his statement that it “happened on my watch.” He didn’t explain how the murder was swept under the carpet for over a year so, as some allege, it wouldn’t interfere with his reelection.

NPR reported, “Emanuel acknowledged there is an underlying ‘trust problem’ that Chicago needs to address,” and “the city now needs to begin the process of healing and restoring trust and confidence in the police department. … Emanuel says supervision and leadership in the police department failed, and he promises to address ‘the thin blue line’ and ‘the code of silence,’ in which police officers ignore, deny and cover up the bad actions of a colleague.”

However, as mayor, Emanuel bore ultimate responsibility for “supervision and leadership” of the police department and it wasn’t the “thin blue line” that maintained the “code of silence” for over a year. It was the Mayor’s Office.

Also, with Israel making its counter-insurgency police training a major export to U.S. police forces and with American cities such as Chicago eager to adopt that training, it is little wonder that minorities increasingly feel they are under repressive military-style occupation in their communities. They have good reason to feel that way since the police are getting training from a country that is expert at keeping a conquered people under an open-ended military occupation.

By contrast, the police of Scotland have offered a very different strategy to a delegation of top American police officials by demonstrating “the art of firearm-free policing.” As The New York Times reported , “Most British police officers are unarmed, a distinction particularly pronounced … in Scotland, where 98 percent of the country’s officers do not carry guns. Rather than escalating a situation with weapons, easing it through talk is an essential policing tool.”

The American police officials appeared dumbfounded by the concept of operating without weapons and pressed their Scottish counterparts with questions about how many Scottish police officers have been wounded or killed in the line of duty.

Bernard Higgins, an assistant chief constable who is Scotland’s use-of-force expert, responded that his officers do take punches often but the last one killed died in 1994 from a stabbing. “There is poverty, crime and a ‘pathological hatred of officers wearing our uniform’ in pockets of Scotland, he said, but constables live where they work and embrace their role as ‘guardians of the community,’ not warriors from a policing subculture,” according to the Times.

Higgins added, “We police from an absolute position of embracing democracy.”

Todd E. Pierce retired as a Major in the U.S. Army Judge Advocate General (JAG) Corps in November 2012. His most recent assignment was defense counsel in the Office of Chief Defense Counsel, Office of Military Commissions. In the course of that assignment, he researched and reviewed the complete records of military commissions held during the Civil War and stored at the National Archives in Washington, D.C.