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the possibility of civilian deaths. If he knew enough to know of their likelihood, and was director of the policy that inflicted them, and neither enforced any actual precautions nor reprimanded any violators, then the case against him is legally and morally complete.
As early as the fall of 1970, an independent investigator named Fred Branfman, who spoke Lao and knew the country as a civilian volunteer, had gone to Bangkok and interviewed Jerome Brown, a former targeting officer for the United States embassy in the Laotian capital of Vientiane. The man had retired from the Air Force because of his disillusionment at the futility of the bombing and his consternation at the damage done to civilians and society. The speed and height of the planes, he said, meant that targets were virtually indistinguishable from the air. Pilots would often decide to drop bombs where craters already existed, and chose villages as targets because they could be more readily identified than alleged Pathet Lao guerrillas hiding in the jungle. Branfman, whom I interviewed in San Francisco in the summer of 2000, went on to provide this and other information to Henry Kamm and Sydney Schanberg of the New York Times , to Ted Koppel of ABC, and to many others. He also wrote up and published his findings in Harper's magazine, where they were not controverted by any authority. Under pressure from the US embassy, the Laotian authorities had Branfman deported back to the United States, which was probably, from their point of view, a mistake.
He was able to make a dramatic appearance on Capitol Hill on 22 April 1971, at a hearing held by Senator Edward Kennedy's Senate Subcommittee on Refugees. His antagonist was the State Department's envoy William Sullivan, a former ambassador to Laos. Branfman accused him in front of the cameras of helping to conceal evidence that Laotian society was being mutilated by ferocious aerial bombardment.
Partly as a consequence, Congressman Pete McCloskey of California (a much-decorated veteran of the war in Korea) paid a visit to Laos and acquired a copy of an internal US
embassy study of the bombing. He also prevailed on the US Air Force to furnish him with aerial photographs of the dramatic damage. Ambassador Sullivan was so disturbed by these pictures, some of them taken in areas known to him, that his first reaction was to establish to his own satisfaction that the raids had occurred after he left his post in Vientiane. (He was later to learn that, for his pains, his own telephone was being tapped at Henry Kissinger's instigation, one of the many such violations of American law that were to eventuate in the Watergate tapping-and-burglary scandal: a scandal that Kissinger was furthermore to plead -
in an astounding outburst of vanity, deceit and self-deceit - as his own alibi for inattention in the Cyprus crisis.)
Having done what he could to bring the Laotian nightmare to the attention of those whose constitutional job it was to supervise such questions, Branfman went back to Thailand and from there to Phnom Penh, capital of Cambodia. Having gained access to a pilot's radio, he tape-recorded the conversations between pilots on bombing missions over the Cambodian interior. On no occasion did they run any checks designed to reassure themselves and others that they were not bombing civilian targets. It had been definitely asserted, by named US
government spokesmen, that such checks were run. Branfman handed the tapes to Sydney Schanberg, whose New York Times report on them was printed just before the Senate met to prohibit further blitzing of Cambodia (the very resolution that was flouted by Kissinger the following month).
From there Branfman went back to Thailand and traveled north to Nakhorn Phanom, the new headquarters of the US Seventh Air Force. Here, a war room code-named "Blue Chip"
served as the command and control center of the bombing campaign. Branfman, who is tall and well-built, was able to pose as a new
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