Guatemala Declares War on History

Looking for help on immigration, the Trump administration is silent in the face of Guatemala’s effort to seal its dirty war archive.

With the quiet acquiescence of the Trump administration, the Guatemalan government is threatening to bar access to a collection of national archives that have been at the core of various attempts to prosecute Guatemalan politicians and officers responsible for some of Latin America’s most heinous atrocities.

The move to suppress the archives is part of a larger campaign by Guatemalan President Jimmy Morales, who faces allegations of receiving illicit campaign funds, to undercut the rule of law through the purge of judges, police officials, and archivists who have been at the forefront of Guatemala’s effort to investigate corruption, narcotrafficking, and war crimes, according to foreign diplomats and independent experts.

But senior U.S. officials in Washington and Guatemala City have rebuffed appeals from working-level staffers and foreign diplomats to publicly challenge Guatemala’s action. And U.S. President Donald Trump’s administration, which is seeking Guatemala’s help in stemming the flow of asylum-seekers and refugees into the United States, has remained largely silent over these developments.

One U.S. official said that America’s reluctance to confront Guatemala is part of a crude unwritten bargain between Morales’s government and the Trump administration: “They promise not to let brown people into the country, and we let them get away with everything else,” the official said.

The “assault on the police archive [is part of a] broader attack against human rights, justice, and anti-corruption efforts,” said Kate Doyle, a researcher at the National Security Archive and an expert on the Guatemalan archives. “The U.S. is saying nothing. The U.S. Embassy has been incredibly absent on these issues. They are not doing anything.”

In the latest sign of U.S. reluctance to challenge Guatemala on human rights, Kimberly Breier, the U.S. assistant secretary of state for Western Hemisphere affairs, blocked the release of a public statement in early June that would have urged Guatemala to back down on its effort to restrict access to the archives.

“These archives are an essential source of information to clarify and understand critical historical truths from Guatemala’s history,” reads the statement obtained by Foreign Policy, which was suppressed in June. “Access to the archives by historians, victims of abuse recorded in these archives and their families, the public, and the international community, has furthered Guatemala’s progress towards accountability, justice, truth and reconciliation.”

Foreign Policy sought a response from the Trump administration last Wednesday. The State Department did not respond until nearly an hour and half after this article was published Tuesday.

“The United States strongly supports continued public access to the Historical Archive of the National Police,” according to a statement from a spokesperson from the State Department’s Bureau of Western Hemispheric Affairs.  The Tuesday statement included the two sentence cited by Foreign Policy in the suppressed statement.

The initial decision to block the statement—which had been approved by the State Department press office, the U.S. Embassy in Guatemala, and several other key bureaus—came as the United States was engaged in sensitive negotiations on a so-called safe third country agreement, which would commit Guatemala to process political asylum claims from foreigners, particularly from El Salvador and Honduras, who cross its border in transit to the United States. “My understanding is Kim Breier killed this because she didn’t want to do anything that would piss off the Guatemalans,” said one congressional aide.

During the past two decades, the United States has invested in efforts to strengthen the rule of law in Guatemala,

  • funding a United Nations commission that investigates corruption and illicit activities by armed groups,
  • strengthening the judiciary, and
  • training and equipping police units with expertise in counternarcotics and corruption.
  • The United States has spent millions of dollars over the years to preserve the police archives, including through the provision of document scanners and the funding of a digitized archive maintained by scholars at the University of Texas at Austin.

Guatemala’s bloody 36-year-long civil war resulted in the deaths of about 200,000 people, mostly at the hands of the Guatemalan security forces. A 1996 U.N.-brokered peace agreement paved the way for the return of exiled rebels, established a new national police force, and pried open the door to the prospect of public reckoning for crimes committed during the war. The Guatemalan military and police resisted, denying that they had preserved detailed records of their activities during the conflict. But in 2005, more than 80 million documents and records, dating from 1882 to 1997, were discovered in seven rat-infested rooms at an unused hospital building in Guatemala City owned by Guatemala’s now-defunct National Police.

Since then, the Guatemalan National Police Historical Archive has helped convict more than 30 military officers, soldiers  and paramilitaries, including a former presidential chief of staff, Manuel Callejas y Callejas, convicted of crimes against humanity, and Guatemala’s late dictator, Gen. Rios Montt—who was found guilty in 2013 of genocide for overseeing mass atrocities in the early 1980s — though his conviction was later overturned by Guatemala’s constitutional court.

The archive has proved a valuable resource for U.S. law enforcement. The Department of Justice and Immigration and Customs Enforcement have used the archive to identify Guatemalan rights abusers living in the United States.

But the management of the archives has long infuriated some of those in Guatemala’s most powerful business and security sectors, who believed that it has been used as a tool of the left to gain revenge against their former enemies. They have cited the role of the archive’s former director, Gustavo Meoño Brenner, a former guerrilla leader who has recruited staff from the country’s left wing to run the archives. In August 2018, the U.N. Development Program, which has helped administer the archive program since 2008, abruptly dismissed Meoño Brenner. He has since fled the country, following death threats.

The move to restrict archive access is only one element of a wider effort to defang justice institutions in Guatemala. In September, a landmark U.N. International Commission Against Impunity in Guatemala—known by its Spanish acronym, CICIG—whose corruption investigations landed a Guatemalan president and vice president in jail will shutter its office.

The demise of the commission, which had also exposed alleged illegal campaign contributions in Morales’s 2015 presidential campaign, came after a two-year-long effort by the president and his allies, including sympathetic Republican lawmakers and Trump administration officials in Washington, to undermine it. Pro-military lawmakers in the Guatemalan Congress, meanwhile, have been pressing to pass an amnesty law that would result in the release of dozens of military officers and death squad leaders from jail. That effort has been stalled by Guatemala’s Constitutional Court.

The effort to suppress the archives is being spearheaded by Guatemalan Interior Minister Enrique Degenhart, a popular figure in Washington, who has represented Guatemala in the safe third country negotiations.

In a May 27 press conference, Degenhart announced that his office and Guatemala’s National Civil Police would seek greater control of the archive. He also threatened to limit access to the archives by foreign institutions, an apparent reference to the University of Texas at Austin, which has assembled a massive digitized version of a large portion of the police archive. “You can’t allow foreign institutions to have the complete archives,” Degenhart told reporters.

In response, the U.N. and other foreign envoys invited the U.S. ambassador to Guatemala, Luis Arreaga, to join ambassadors from several other countries, including Canada, Germany, Switzerland, Sweden, and the United Kingdom, on a visit to the archive to voice opposition to granting police greater control over the archives. Arreaga declined. The spokesperson from the State Department Bureau of Western Hemispheric Affairs declined to comment on whether Arreaga declined the invitation.

In Washington, State Department officials sought support within the administration for a public statement that would place the United States squarely on the side of those seeking to preserve broad public access to the archives.

“The message [Guatemalan authorities] are getting is we don’t care what you do as long as you do everything in your power to prevent” foreigners from reaching the U.S. border, said Rep. Norma Torres, a California Democrat who was born in Guatemala. If that requires “supporting a corrupt government, that is what [the Trump administration] is going to do.”

Public messaging and statements from U.S. envoys and the State Department can have an outsized political impact in Central America, former diplomats say. “It’s astonishing how important the U.S. voice is in terms of journalists, human rights defenders, civil society … in this region,” said Roberta Jacobson, a former U.S. ambassador to Mexico and assistant secretary of state for Western Hemisphere affairs. “There are clearly things that governments would do, actions it would take, but for the U.S. watching and speaking out,” she said.

The lack of response, according to diplomats, emboldened Guatemala to ratchet up its campaign against the archives.

Workers organize thousands of documents found at the former National Police Bomb Disposal Unit headquarters in Guatemala City on Jan. 28, 2008.EITAN ABRAMOVICH/AFP/GETTY IMAGES

In early July, the Guatemalan Ministry of Culture and Sports informed the U.N. Development Program, which administers the archive budget on behalf of foreign donors, that it would take over full management of the archives, raising questions about its financial viability. The U.N., which pays staff salaries, was forced to lay off the archives researchers and archivists.

On July 10, Guatemala fired its chief national archivist, Anna Carla Ericastilla, on the grounds that she provided access to foreign institutions, including the University of Texas, and improperly raised funds from donors to pay salaries to archivists.

Degenhart, meanwhile, has overseen a massive purge of Guatemala’s reformed police force after being named interior minister in January 2018. The following month, he fired the director of the National Civil Police, Nery Ramos, along with three other top cops. All told, Degenhart fired some 25 ranking officers and more than 100 agents, including 20 of the 45 police agents assigned to work with the U.N. anti-corruption office.

Guatemalans “have observed a systematic process of dismantling the National Civil Police, ordered by the interior minister himself, who seems determined to destroy 20 years of progress,” according to an August 2018 study by the Forum of Civil Society Organizations Specializing in Security, or FOSS.

The fate of the archive has become inextricably linked to the White House immigration policy.

The threat to curtail access to the archives came on the same day that Degenhart had signed an agreement with Kevin McAleenan, the acting U.S. secretary of homeland security, for the deployment of 89 agents from U.S. Immigration and Customs Enforcement and Customs and Border Protection in Guatemala to help stem the flow of refugees through the country. It also coincided with the Trump administration’s negotiation of a safe third party agreement with Degenhart.

Trump in March ordered all U.S. aid to Guatemala, El Salvador, and Honduras to be cut until they drastically reduced the number of migrants traveling north through Mexico to attempt to enter the United States. Critics, including both Democratic and Republican lawmakers, said the move would only exacerbate the migration crisis, as U.S. assistance helped address root causes of instability that caused people to flee north.

In June, the State Department announced it would release $432 million of the $615 million in aid to Central America, but it warned that new funding would not be released until the Northern Triangle governments took more steps to address migration.

Last week, the Trump administration announced that it had reached agreement on the safe third country pact, which would commit Guatemala to processing political asylum claims from migrants who cross its border in transit to the United States. The U.S. has yet to publish a copy of the pact, leading to speculation about what the deal actually entails.

Still, the move has raised concern about the constitutionality of the agreement. Guatemala’s constitutional court has already asserted that such an agreement would require approval by the Guatemalan Congress. Democratic lawmakers and other activists have criticized the move and vowed to fight it in courts. Democratic Rep. Eliot Engel, the chairman of the House Foreign Affairs Committee, said it is “cruel and immoral. It is also illegal.”

“Simply put, Guatemala is not a safe country for refugees and asylum seekers, as the law requires,” Engel said in a statement released on July 26, after the Trump administration and Guatemalan government signed the agreement.

The Real Problem With Trump’s Rallies

There are a lot of similarities between the president and George Wallace of Alabama. But there’s also one big difference.

President Trump’s political rallies are certainly a spectacle, but a spectacle we’ve seen before. In both style and substance, the president’s campaign appearances bear strong resemblances to the rallies held a half-century ago by Gov. George C. Wallace of Alabama.

There are a number of similarities between the two politicians’ rallies. But there is one significant difference — and it shows how Mr. Trump remains a greater danger and poses a graver threat to peaceful political discourse, especially as we enter a presidential election campaign.

Like Mr. Trump, Mr. Wallace presented himself as the political champion of aggrieved working-class and middle-class whites. As governor, he embodied the cause of segregationist resistance, literally standing in the schoolhouse door to block the first black students at the University of Alabama and figuratively standing against what he called the “civil wrongs bill.”

Yet in his repeated campaigns for the presidency between 1968 and 1976, despite today’s consensus to the contrary, Mr. Wallace didn’t make open appeals to racism. Instead, he couched opposition to the civil rights movement — both his own opposition and that of whites in the North and South alike — in new terms. Taking aim at liberals in government and leftist protesters in the streets, Mr. Wallace presented himself as the champion of ordinary Americans besieged by both. He promised then, as Mr. Trump has now, to restore “law and order” to a troubled nation.

  • hippies,
  • beatniks,
  • civil rights “agitators,”
  • “pointy-headed intellectuals,”
  • both “briefcase-toting bureaucrats” and
  • “bearded bureaucrats,”
  • “lazy” welfare recipients,
  • “anarchists and communists,”
  • atheists,
  • antiwar “radicals and rabble rousers,” and
  • street thugs whom liberals, he said, believed had “turned to rape and murder because they didn’t get enough broccoli when they were little boys.”

While he lacks Mr. Wallace’s background in boxing, Mr. Trump has adopted a similar stance in his own rallies. He’s claimed some of Mr. Wallace’s specific phrases as his own

— most notably the call for “law and order” — and more generally has stoked the same fires of resentment and racism.

Mr. Wallace’s words electrified crowds of working- and middle-class whites. “Cabdrivers and cattle ranchers, secretaries and steelworkers, they hung on every word, memorized the lines, treasured them, savored them, waited to hear them again,” noted an Esquire profile. “George Wallace was their avenging angel. George Wallace said out loud what they nervously kept to themselves. George Wallace articulated their deepest fears, their darkest hates. George Wallace promised revenge.”

Mr. Trump has tapped into that sentiment, winning over white voters with a willingness to buck “political correctness” and voice their anger and anxieties directly. “He says what we’re thinking and what we want to say,” noted a white woman at a Trump rally in Montana. “We wish we could speak our mind without worrying about the consequences,” explained a white man at a Phoenix event. “He can speak his mind without worrying.”

Mr. Wallace’s rallies regularly erupted in violence, as his fans often took his words not just seriously but also literally. Mr. Wallace often talked about dragging hippies “by the hair of their head.” At a Detroit rally in 1968, his supporters did just that, dragging leftist protesters out of their seats and through a thicket of metal chairs. As they were roughed up, the candidate signaled his approval from the stage: “You came here for trouble and you got it.”

Mr. Trump’s rallies have likewise been marked by violence unseen in other modern campaigns. At a 2015 rally in Birmingham, Ala., for example, an African-American protester was punched, kicked and choked. Rather than seeking to reduce the violence from his supporters, Mr. Trump rationalized it, saying “maybe he should have been roughed up, because it was absolutely disgusting what he was doing.”

This leads us to the significant difference between Mr. Wallace and Mr. Trump. Mr. Wallace’s targets were, for the most part, presented in the abstract. Though he denounced broad categories of generic enemies — “agitators,” “anarchists” and “communists” — he rarely went after an individual by name.

Mr. Trump, in pointed contrast, has used his rallies to single out specific enemies. During the 2016 campaign, he demonized his political opponents in the primaries and the general election, and also denounced private individuals, from Megyn Kelly, the former Fox News anchor, to the former Miss Universe Alicia Machado and the federal judge Gonzalo Curiel.

At recent rallies, he has targeted four Democratic House members who have criticized him and his administration — Representatives Ilhan Omar, Alexandria Ocasio-Cortez, Rashida Tlaib and Ayanna Pressley.

Participants at Mr. Trump’s rallies have been moved to attack individuals he’s singled out. For most rally participants, the attacks have been confined to ominous but nevertheless nonviolent chants — from the 2016 cries of “Lock her up!” to the recent refrain of “Send her back!” But a handful have gone further, targeting the individuals named by the president with death threats and even attempts at violence.

In late 2018, a Trump supporter, Cesar Sayoc Jr., mailed pipe bombs to high-profile Democrats and media figures who had criticized the president and whom the president had denounced in return. After his arrest, Mr. Sayoc explained that Mr. Trump’s rallies had become “a newfound drug” for him and warped his thinking. “In the lead up to the 2018 midterm elections,” Mr. Sayoc’s lawyers added last week, “President Trump warned his supporters that they were in danger from Democrats, and at times condoned violence against his critics and ‘enemies.’”

Since the midterms, Mr. Trump’s rhetoric and the threats from his supporters have only intensified. In March, a Trump backer in New York was arrested on charges of threatening to “put a bullet” in Ms. Omar’s “skull.” In April, a Trump supporter in Florida was arrested on charges of making death threats to Ms. Tlaib and two other Democrats. This month, two police officers in Louisiana were fired over a Facebook post suggesting that Ms. Ocasio-Cortez should be shot.

As the 2020 campaign heats up, the president’s rhetoric will as well. It’s long past time that he started worrying about the consequences of his words.

The mob-boss presidency

A normal president confronted with a news story suggesting he ordered underlings to illegally transport asylum seekers to so-called sanctuary cities in order to retaliate against political enemies would deny knowledge of such a heinous plot. If need be, he’d make light of it, portray it as if it were idle chatter or a joke. That’s what President Trump’s devoted prevaricators (White Houses staffers) did following The Post account.

Trump, however, is anything but normal. No, he tweeted — of course it was a tweet — that not only was the idea considered but that it is still under consideration. Aides on background hastened to say that nothing was in the works, once more contradicting their boss.

Making matters worse, we learned he allegedly told Customs and Border Protection Commissioner Kevin McAleenan to close the border despite concerns about the legality of doing so. He allegedly told McAleenan, who is now also acting secretary of homeland security, that he — Trump — would pardon him later if need be.

Making matters worse, we learned he allegedly told Customs and Border Protection Commissioner Kevin McAleenan to close the border despite concerns about the legality of doing so. He allegedly told McAleenan, who is now also acting secretary of homeland security, that he — Trump — would pardon him later if need be.

Republicans, as they always do when Trump is shredding democracy, remained silent on Friday. Speaking more generally of Trump’s Twitter habits in an interview, House Speaker Nancy Pelosi (D-Calif.) declared the president to be a “freak.” Actually, if the allegations are true, he’s much worse than that.

Former federal prosecutor Mimi Rocah acknowledged that, if the allegation about a pardon was true and Trump was serious, Trump then “offered a pardon as a bribe to get a public official to commit an unlawful act.” Referring to Attorney General William P. Barr’s exaggerated conception of executive authority, she queried, “Would Barr dare say that’s within his executive power?”

Constitutional scholar Laurence H. Tribe tells me, “If carried out, this offer to pardon high immigration officials if they will break the law on his behalf is the most obviously impeachable action President Trump has taken to date: It would mean this president has seized the power to put not just himself but all who do his bidding beyond the reach of law.” He continues, “That doing so is a high crime and misdemeanor is beyond dispute. Any president guilty of such conduct cannot be permitted to remain in office.”

Now, even if the offer of a pardon were not technically a bribe, “this is still an extraordinary and disturbing abuse of presidential power,” says Joshua Matz, co-author with Tribe of “To End A Presidency: The Power of Impeachment.” “Especially if it were repeated in other contexts, such illegality-inducing conduct may well rise to the level of an impeachable offense, though in my view we don’t yet know nearly enough about what happened here to reach firm conclusions.”

In this, as in other instances, subordinates’ refusal to carry out orders (as former White House counsel Donald McGahn did in refusing to fire special counsel Robert S. Mueller III) provides some protection to Trump from the consequences of his own actions.

However, neither Trump nor the country can count on employees’ continued insubordination, especially in light of Trump’s preference for installing “acting” officials, who remain under his thumb. Swift and forceful action to halt his reckless disregard of the law is required.

Tribe argues, “Without doubt, therefore, the House Judiciary Committee needs to include this matter within its investigatory ambit, subpoenaing all those who may have relevant knowledge unless they appear voluntarily.” Normally, if there is a credible allegation of wrongdoing by the president, the attorney general would appoint a special counsel. Don’t hold your breath. Tribe observes, “it seems unrealistic to expect the blatantly compromised Attorney General William Barr to appoint a special counsel to pursue the issue even if, as appears to be the case, the president has credibly been charged with promising a pardon as a bribe for illegal conduct.”

We’ve now come to the point where Trump is bragging about a plot to abuse power, using federal resources to enact political revenge. We have reason to believe he tried to induce wrongdoing with a pardon offer. “One thing everyone who knows the relevant law has agreed about the otherwise sweeping pardon power is that it cannot be used in advance, to license crimes before they have been committed,” Tribe says.

We’ve now come to the point where Trump is bragging about a plot to abuse power, using federal resources to enact political revenge. We have reason to believe he tried to induce wrongdoing with a pardon offer. “One thing everyone who knows the relevant law has agreed about the otherwise sweeping pardon power is that it cannot be used in advance, to license crimes before they have been committed,” Tribe says.

Beginner’s Mind (Richard Rohr)

I’d like to offer some spiritual advice so that you can read Scripture the way that Jesus did and use it for good purposes.

Offer a prayer for guidance from the Holy Spirit before you make your interpretation of an important text. With an open heart and mind, seek the attitude of a beginner and learner. Pray as long as it takes to feel any certitudes loosen.

Once you have attained some degree of openness, try to move to a position of detachment from your own egoic will and its goals and desires—to be correct, to be secure, to stay with the familiar. This might take some time, but without such freedom from your own need for control, you will invariably make a text say what you need and want it to say.

Then you must listen for a deeper voice than your own, which you will know because it will never shame or frighten you, but rather strengthen you, even when it is challenging you. If it is God’s voice, it will take away your illusions and your violence so completely and so naturally that you can barely identify with such previous feelings! I call this God’s replacement therapy. God does not ask and expect you to do anything new until God has first made it desirable and possible for you to do it. Grace cannot easily operate under coercion, duress, shame, or guilt.

If your understanding of Scripture leads you to experience any or several of the fruits of the Spirit—

  1. love,
  2. joy,
  3. peace,
  4. patience,
  5. kindness,
  6. goodness,
  7. trustfulness,
  8. gentleness, and
  9. self-control

(Galatians 5:22-23)—I think you can trust that this interpretation is from the Spirit, from the deeper stream of wisdom.

As you read, if you sense any negative or punitive emotions like

  1. morose delight,
  2. feelings of superiority,
  3. self-satisfaction,
  4. arrogant dualistic certitude,
  5. desire for revenge,
  6. need for victory, or
  7. a spirit of dismissal or exclusion,

you must trust that this is not Jesus’ hermeneutic at work, but your own ego still steering the ship.

Remember the temptation of Jesus in the desert (Matthew 4:3-10). Three temptations to the misuse of power are listed:

  1. economic,
  2. religious, and
  3. political.

Even Jesus must face these subtle disguises before he begins his public ministry. Only when he has found freedom from his own egoic need for power can Jesus teach with true inner authority and speak truth to the oppressive powers of his time.