C2 TUESDAY, JANUARY 30, 2001

R DM VA

The Magazine Reader

Dropping
The Bomb
On Henry
Kissinger

Harper's Dusts Off
An Old Indictment

By PETER CARLSON

Washington Post Staff Writer

When I picked up the February issue of Harper's, I got so mad I could hardly speak. I mean, the *nerve* of these people!

The cover has a picture of Henry Kissinger, the wise old sage of power and diplomacy, above the headline "The Case Against Henry Kissinger, Part I: The Making of a War Criminal."

*War criminal?* Oh, come on! How '60s can you get? Okay, there was a war in Vietnam and, yes, hundreds of thousands of innocent people got killed. Get over it! And leave poor Henry alone. He's such a charming dinner guest. Bringing up these old stories is just so *tacky*.

The article is by Christopher Hitchens, a famous contrarian who once criticized Mother Teresa, so I thought maybe it was all a joke. Hitchens can be pretty funny. But this time he's totally serious. He actually thinks Kissinger should be tried for war crimes and he wrote the 26-page story like an indictment. Come *on*. You can't try a former American secretary of state for war crimes. War crimes trials are for foreigners.

Hitchens goes on and on about Vietnam. He's obsessed with it. He's particularly irate that, back in 1969, Kissinger plotted the bombing of Cambodia, a country that was neutral, and kept it secret from Congress. Hitchens says 600,000 Cambodian civilians were killed. And he quotes from the diaries of Nixon aide H.R. Haldeman, who noted how gleeful Kissinger was about the bombing: "He came in beaming..."

Well, hey, it was the '60s, you know? A lot of people got into weird stuff back then. Some people

HARPER'S

THE CASE AGAINST HENRY KISSINGER

Well, I just couldn't believe that good old Henry would do something like that, so I called his consulting firm, Kissinger Associates, and asked to talk to him: *Say it ain't so, Henry!* But his secretary said he wouldn't comment on the Harper's article.

I can't blame him. It's old news now. Except for the CIA cables, most of this stuff came out years ago in books by William Shawcross and Seymour Hersh. Why bring it all up again? The man hasn't committed a war crime in more than 25 years! Hasn't he suffered enough?

Well, actually, he hasn't suffered at all. He's as rich as Croesus from his consulting firm and his $30,000 speeches. But, hey, that's the American way. We believe in cashing in.

Besides, Kissinger seems like such a nice man on TV, explaining foreign policy in that cute German accent that makes him sound like the Dr. Ruth of geopolitics. And his views are so wise, so kindly. Back when every other pundit was picking on the rulers of Communist China just because they use slave labor

and send protesters to prison, Kissinger stuck up for them.

In fact, it sometimes seems like he's never met a dictator he didn't like. No matter how brutal a despot may be, Kissinger feels he can be redeemed by doing business with the corporations that hire Kissinger Associates. What a saintly man!

And now Hitchens and Harper's call him a war criminal. And they promise to print Part II of the article next month, bringing up forgotten stories about Bangladesh, Cyprus and East Timor, as if anybody cares about those places.

What's the matter with Harper's? Are they stuck in the past? Why can't they run diet tips and articles on orgasms and profiles of Jennifer Lopez like the *fun* magazines do?

was a war in Vietnam and, yes, hundreds of thousands of innocent people got killed. Get over it! And leave poor Henry alone. He's such a charming dinner guest. Bringing up these old stories is just so tacky.

The article is by Christopher Hitchens, a famous contrarian who once criticized Mother Teresa, so I thought maybe it was all a joke. Hitchens can be pretty funny. But this time he's totally serious. He actually thinks Kissinger should be tried for war crimes and he wrote the 26-page story like an indictment. Come on. You can't try a former American secretary of state for war crimes. War crimes trials are for foreigners.

Well, hey, it was the '60s, you know? A lot of people got into weird stuff back then. Some people smoked pot. Some people took acid. Kissinger bombed neutral countries. I'm not condoning it. But why harp on it? Let bygones be bygones. Hitchens also goes on and on about Chile. In 1970, the Chileans elected a socialist president named Salvador Allende. Kissinger and President Nixon didn't like socialists so they backed a military coup that killed Allende. Hitchens reprints some recently declassified CIA documents that seem to show that Kissinger also helped plot the kidnapping of Rene Schneider, a Chilean general who was against the coup. Chilean soldiers killed Schneider during the kidnapping.

his consulting firm and its $50,000 speeches. But, hey, that's the American way. We believe in cashing in.

REPORT

# THE CASE AGAINST HENRY KISSINGER

## PART ONE

*The making of a war criminal*
*By Christopher Hitchens*

### THE 1968 ELECTION
INDOCHINA • CHILE

It will become clear, and may as well be stated at the outset, that this is written by a political opponent of Henry Kissinger. Nonetheless, I have found myself continually amazed at how much hostile and discreditable material I have felt compelled to omit. I am concerned only with those Kissingerian offenses that might or should form the basis of a legal prosecution: for war crimes, for crimes against humanity, and for offenses against common or customary or international law, including conspiracy to commit murder, kidnap, and torture.

Thus, I might have mentioned Kissinger's recruitment and betrayal of the Iraqi Kurds, who were falsely encouraged by him to take up arms against Saddam Hussein in 1972-75, and who were then abandoned to extermination on their hillsides when

Saddam Hussein made a diplomatic deal with the Shah of Iran, and who were deliberately lied to as well as abandoned. The conclusions of the report by Congressman Otis Pike still make shocking reading and reveal on Kissinger's part a callous indifference to human life and human rights. But they fall into the category of depraved realpolitik and do not seem to have violated any known law.

In the same way, Kissinger's orchestration of political and military and diplomatic cover for apartheid in South Africa presents us with a morally repulsive record and includes the appalling consequences of the destabilization of Angola. Again, though, one is looking at a sordid period of Cold War and imperial history, and an exercise of irresponsible power, rather than an episode of organized crime. Additionally, one must take into account the institutional nature of this policy, which might in outline have been followed under any administration, national security adviser, or secretary of state.

Similar reservations can be held about Kissinger's chairmanship of the Presidential Commission on Central America in the early 1980s, which was staffed by Oliver North and which white-washed death-squad activity on the isthmus. Or about the political protection provided by Kissinger, while in office, for the Pahlavi dynasty in Iran and its machinery of torture and repression. The list, it is sobering to say, could be projected very much further. But it will not do to blame the whole exorbitant cruelty and cynicism of decades on one man. (Occasionally one gets an intriguing glimpse, as when Kissinger urges President Ford not to receive the inconvenient Alexandr Solzhenitsyn, all the while posing as Communism's most daring and principled foe.)

Christopher Hitchens, formerly Washington editor of Harper's Magazine, is the author of books on the Cyprus crisis, Kurdistan, Palestine, and the Anglo-American relationship. He is a regular columnist for *Vanity Fair* and *The Nation*.

SOUTH VIETNAMESE
NAPALM VICTIM, 1967

Photograph © 1967 / P.J.Griffiths / Magnum Photos, Inc.

REPORT 33

No, I have confined myself to the identifiable crimes that can and should be placed on a proper bill of indictment, whether the actions taken were in line with general "policy" or not. These include, in this installment, the deliberate mass killing of civilian populations in Indochina and the personal suborning and planning of murder of a senior constitutional officer in a democratic nation—Chile—with which the United States was not at war. In a second installment we will see that this criminal habit of mind extends to Bangladesh, Cyprus, East Timor, and even to Washington, D.C.

Some of these allegations can be constructed only prima facie, since Mr. Kissinger—in what may also amount to a deliberate and premeditated obstruction of justice—has caused large tranches of evidence to be withheld or possibly destroyed. We now, however, enter upon the age when the defense of “sovereign immunity” for state crimes has been held to be void. As I demonstrate below, Kissinger has understood this decisive change even if many of his critics have not. The House of Lords’ ruling in London, on the international relevance of General Augusto Pinochet’s crimes, added to the splendid activism of the Spanish magistracy and the verdicts of the International Tribunal at The Hague, has destroyed the shield that immunized crimes committed under the justification of *raison d’état*. There is now no reason why a warrant for the tri-

MANY OF KISSINGER’S PARTNERS
IN POLITICS ARE NOW IN JAIL.
HIS OWN LONELY IMPUNITY IS RANK

al of Kissinger may not be issued in any one of a number of jurisdictions and no reason why he may not be compelled to answer it. Indeed, as I write, there are a number of jurisdictions where the law is at long last beginning to catch up with the evidence. And we have before us in any case the Nuremberg precedent, by which the United States solemnly undertook to be bound.

A failure to proceed will constitute a double or triple offense to justice. First, it will violate the essential and now uncontested principle that not even the most powerful are above the law. Second, it will suggest that prosecutions for war crimes and crimes against humanity are reserved for losers, or for minor despots in relatively negligible countries. This in turn will lead to the paltry politicization of what could have been a notable process and to the justifiable suspicion of double standards.

Many if not most of Kissinger's partners in politics, from Greece to Chile to Argentina to Indonesia, are now in jail or awaiting trial. His own

lonely impunity is rank; it smells to heaven. If it is allowed to persist then we shall shamefully vindicate the ancient philosopher Anacharsis, who maintained that laws were like cobwebs—strong enough to detain only the weak and too weak to hold the strong. In the name of innumerable victims known and unknown, it is time for justice to take a hand.

## REGARDING HENRY

On December 2, 1998, Michael Korda was being interviewed on camera in his office at Simon & Schuster. As one of the reigning magnates of New York publishing, he had edited and “produced” the work of authors as various as Tennessee Williams, Richard Nixon, Joan Crawford, and Joe Bonanno. On this particular day, he was talking about the life and thoughts of Cher, whose portrait adorned the wall behind him. And then the telephone rang and there was a message to call “Dr.” Henry Kissinger as soon as possible. A polymath like Korda knows—what with the exigencies of publishing in these vertiginous days—how to switch in an instant between Cher and high statecraft. The camera kept running, and recorded the following scene for a tape that I possess:

> Asking his secretary to get the number (759-7919—the digits of Kissinger Associates), Korda quips dryly, to general laughter in the office, that it “should be 1-800-CAMBODIA ... 1-800-BOMB-CAMBODIA.” After a pause of nicely calibrated duration (no senior editor likes to be put on hold while he’s receiving company, especially media company) it’s “Henry—Hi, how are you?... You’re getting all the publicity you could want in the *New York Times* but not the *kind* you want... I also think it’s very, very dubious for the administration to simply say yes, they’ll release these papers... no... no, absolutely... no... no... well, hmmm, yeah. We did it until quite recently, frankly, and he did prevail... Well, I don’t think there’s any question about that, as uncomfortable as it may be... Henry, this is totally outrageous... yeah... also the jurisdiction. This is a Spanish judge appealing to an English court about a Chilean head of state. So it’s, it... Also, Spain has no rational jurisdiction over events in Chile anyway, so that makes absolutely no sense... Well, that’s probably true... If you would. I think that would be by far and away the best... Right, yeah, no, I think it’s exactly what you should do, and I don’t think it should be long, and I think it should end with your father’s letter. I think it’s a very important document... Yes, but I think the letter is wonderful, and central to the entire book. Can you let me read the Lebanon chapter over the weekend?” At this point the conversation ends, with some jocular observa-

34 HARPER'S MAGAZINE / FEBRUARY 2001

HENRY KISSINGER,
1973

tions by Korda about his upcoming colonoscopy: "a totally repulsive procedure."

By means of the same tiny internal camera, or its forensic equivalent, one could deduce not a little about the world of Henry Kissinger from this microcosmic exchange. The first and most important is this: Sitting in his office at Kissinger Associates, with its tentacles of business and consultancy stretching from Belgrade to Beijing, and cushioned by innumerable other directorships and boards, he still shudders when he hears of the arrest of a dictator. Syncopated the conversation with Korda may be, but it's clear that the keyword is "jurisdiction." What had the *New York Times* been reporting that fine morning? On December 2, 1998, its front page carried the following report from Tim Weiner, the paper's national-security correspondent in Washington. Under the headline "U.S. Will Release Files on Crimes Under Pinochet," he wrote:

> Treading into a political and diplomatic confrontation it tried to avoid, the United States decided today to declassify some secret documents on the killings and torture committed during the dictatorship of Augusto Pinochet in Chile....

The decision to release such documents is the first sign that the United States will cooperate in the

case against General Pinochet. Clinton Administration officials said they believed the benefits of openness in human rights cases outweighed the risks to national security in this case. But the decision could open "a can of worms," in the words of a former Central Intelligence Agency official stationed in Chile, exposing the depth of the knowledge that the United States had about crimes charged against the Pinochet Government....

While some European government officials have supported bringing the former dictator to court, United States officials have stayed largely silent, reflecting skepticism about the Spanish court's power, doubts about international tribunals aimed at former foreign rulers, and worries over the implications for American leaders who might someday also be accused in foreign countries. [Italics added.]

President Richard M. Nixon and Henry A. Kissinger, who served as his national security advisor and Secretary of State, supported a right-wing coup in Chile in the early 1970s, previously classified documents show.

But many of the actions of the United States during the 1973 coup, and much of what American leaders and intelligence services did in liaison with the Pinochet Government after it seized power, remain under the seal of national security. The secret files on the Pinochet regime are held by the C.I.A., the Defense Intelligence Agency, the State Department, the Pentagon, the National Security Council,

Photograph © Ellidge / Sipa Press

REPORT 35

the National Archives, the Presidential libraries of
Gerald R. Ford and Jimmy Carter, and other Gov-
ernment agencies. According to Justice Department
records, these files contain a history of human rights
abuses and international terrorism:

* In 1975 State Department diplomats in Chile protested the Pinochet regime's record of killing and torture, filing dissents to American foreign policy with their superiors in Washington.

* The C.I.A. has files on assassinations by the regime and the Chilean secret police. The intelligence agency also has records on Chile's attempts to establish an international right-wing covert-action squad.

THE SIGNING OF THE
PARIS PEACE ACCORD,
1973

* The Ford Library contains many of Mr. Kissinger's secret files on Chile, which have never been made public. Through a secretary, Mr. Kissinger declined a request for an interview today.

One must credit Kissinger with grasping what so many other people did not: that if the Pinochet precedent became established, then he himself was in some danger. The United States believes that it alone pursues and indicts war criminals and "international terrorists"; nothing in its political or journalistic culture yet allows for the thought that it might be harboring and sheltering such a senior one. Yet the thought had very obliquely surfaced in Weiner's story, and Kissinger was a worried man when he called his editor that day to discuss the concluding volume of his memoirs (eventually published under the unbearably dull and self-regarding title *Years of Renewal*), which was still in progress.

"Harboring and sheltering," though, are understatements for the lavishness of Henry Kissinger's circumstances. His advice is sought, at $30,000 an appearance, by audiences of businessmen and academics and policymakers. His turgid newspaper column is syndicated by the *Los Angeles Times* and appears as far afield as the *Wash-

ington Post. His first volume of memoirs was in part written, and also edited, by Harold Evans, who with Tina Brown is among the many hosts and hostesses who solicit Kissinger's company, or perhaps one should say society, for their New York soirees. At different times, he has been a consultant to ABC News and CBS; his most successful diplomacy, indeed, has probably been conducted with the media (and his single greatest achievement has been to get almost everybody to call him "Doctor"). Fawned on by Ted Koppel, sought out by corporations and despots with "image" problems or "failures of communication," and given respectful attention by presidential candidates and those whose task it is to "mold" their global vision, this man wants for little in the pathetic universe that the "self-esteem" industry exists to serve. Of whom else would Norman Podhoretz write, in a bended-knee encomium to the second volume of Kissinger's memoirs, *Years of Upheaval*:

> What we have here is writing of the very highest order. It is writing that is equally at ease in portraiture and abstract analysis; that can shape a narrative as skillfully as it can paint a scene; that can achieve marvels of compression while moving at an expansive and leisurely pace. It is writing that can shift without strain or falsity of tone from the *gravitas* befitting a book about great historical events to the humor and irony dictated by an unfailing sense of human proportion.

A critic who can suck like that, as was once dryly said by one of my moral tutors, need never dine alone. Nor need his subject. Except that, every now and then, the recipient (and donor) of so much sycophancy feels a tremor of anxiety. He leaves the well-furnished table and scurries to the bathroom. Is it perhaps another disclosure on a newly released Nixon tape? Some stray news from Indonesia portending the fall or imprisonment of another patron (and perhaps the escape of an awkward document or two)? The arrest or indictment of a torturer or assassin; the expiry of the statute of secrecy for some obscure cabinet papers in a faraway country? Any one of these can instantly spoil his day. As we see from the Korda tape, Kissinger cannot open the morning paper with the assurance of tranquillity. Because he knows what others can only suspect, or guess at. And he is a prisoner of the knowledge, as, to some extent, are we.

Notice the likable way in which Michael Korda demonstrates his broad-mindedness with the Cambodia jest. Everybody "knows," after all, that Kissinger inflicted terror and misery and mass death on that country, and great injury to the United States Constitution at the same time. (Everybody also "knows" that other vulnerable nations can lay claim to the same melancholy and hateful distinction as Cambodia, with incre-

36 HARPER'S MAGAZINE / FEBRUARY 2001

Photograph © Bettmann / CORBIS

mental or "collateral" damage to American democ-
racy keeping pace.) Yet the pudgy man standing
in black tie at the *Vogue* party is not, surely, the
man who ordered and sanctioned the destruction
of civilian populations, the assassination of in-
convenient politicians, the kidnapping and dis-
appearance of soldiers and journalists and clerics
who got in his way. Oh, but he is. He's exactly the
same man. And that may be among the most nau-
seating reflections of all. Kissinger is not invited
and feted because of his exquisite manners or his
mordant wit (his manners are in any case rather
gross, and his wit consists of a quiver of borrowed
and secondhand darts). No, he is sought after be-
cause his presence supplies a frisson, the authen-
tic touch of raw and unapologetic power. There's
a slight guilty nervousness on the edge of Korda's
gag about the indescribable sufferings of Indochina.
And I've noticed, time and again, standing at the
back of the audience during Kissinger speeches,
that laughter of the nervous, uneasy kind is the sort
of laughter he likes to provoke. In exacting this
tribute, he flaunts not the "aphrodisiac" of pow-
er (another of his plagiarized bons mots) but its
pornography.

DRESS REHEARSAL:
THE SECRET OF '68

There exists, within the political class of Washington, D.C., an open secret that is too momentous and too awful to tell. Although it is well known to academic historians, senior reporters, former Cabinet members, and ex-diplomats, it has never been summarized all at one time in any one place. The reason for this is, on first viewing, paradoxical. The open secret is in the possession of both major political parties, and it directly implicates the past statecraft of at least three former presidencies. Thus, its full disclosure would be in the interest of no particular faction. Its truth is therefore the guarantee of its obscurity; it lies like Poe's "purloined letter" across the very aisle that signifies bipartisanship.

Here is the secret in plain words. In the fall of
1968, Richard Nixon and some of his emissaries
and underlings set out to sabotage the Paris peace
negotiations on Vietnam. The means they chose
were simple: they privately assured the South
Vietnamese military rulers that an incoming Re-
publican regime would offer them a better deal
than would a Democratic one. In this way, they
undercut both the talks themselves and the elec-
toral strategy of Vice President Hubert Humphrey.
The tactic "worked," in that the South Viet-
namese junta withdrew from the talks on the eve
of the election, thereby destroying the peace ini-
tiative on which the Democrats had based their
campaign. In another way, it did not "work," be-

cause four years later the Nixon Administration
tried to conclude the war on the same terms that
had been on offer in Paris. The reason for the dead
silence that still surrounds the question is that in
those intervening years some 20,000 Americans
and an uncalculated number of Vietnamese, Cam-

THE PUDGY MAN AT THE VOGUE
PARTY IS NOT, SURELY, THE MAN WHO
DESTROYED CIVILIAN POPULATIONS

bodians, and Laotians lost their lives. Lost them,
that is to say, even more pointlessly than had
those slain up to that point. The impact of those
four years on Indochinese society, and on Amer-
ican democracy, is beyond computation. The
chief beneficiary of the covert action, and of the
subsequent slaughter, was Henry Kissinger.

I can already hear the guardians of consensus,
scraping their blunted quills to dismiss this as a
"conspiracy theory." I happily accept the chal-
lenge. Let us take, first, the *Diaries* of that
renowned conspirator (and theorist of conspira-
cy) H. R. Haldeman, published in May 1994. I
choose to start with them for two reasons. First,
because on the logical inference of "evidence
against interest" it is improbable that Mr. Halde-
man would supply evidence of his knowledge of
a crime, unless he was (posthumously) telling
the truth. Second, because it is possible to trace
back each of his entries to its origin in other doc-
umented sources.

In January 1973, the Nixon-Kissinger Ad-
ministration—for which Haldeman took the min-
utes—was heavily engaged on two fronts. In Paris
again, Henry Kissinger was striving to negotiate
“peace with honor” in Vietnam. In Washington,
D.C., the web of evidence against the Water-
gate burglars and buggers was beginning to tight-
en. On January 8, 1973, Haldeman records:

John Dean called to report on the Watergate trials,
says that if we can prove in any way by hard evidence
that our [campaign] plane was bugged in '68, he
thinks that we could use that as a basis to say we're
going to force Congress to go back and investigate
'68 as well as '72, and thus turn them off.

Three days later, on January 11, 1973, Halde-
man hears from Nixon ("the P," as the *Diaries* call
him):

On the Watergate question, he wanted me to talk
to [Attorney General John] Mitchell and have him
find out from [Deke] De Loach [of the FBI] if the guy
who did the bugging on us in 1968 is still at the FBI,
and then [FBI acting director Patrick] Gray should
nail him with a lie detector and get it settled, which
would give us the evidence we need. He also thinks
I ought to move with George Christian [President

REPORT 37

Johnson's former press secretary, then working with Democrats for Nixon], get LBJ to use his influence to turn off the Hill investigation with Califano, Hubert, and so on. Later in the day, he decided that wasn't such a good idea, and told me not to do it, which I fortunately hadn't done.

On the same day, Haldeman reports Henry Kissinger calling excitedly from Paris, saying "he'll do the signing in Paris rather than Hanoi, which is the key thing." He speaks also of getting South Vietnam's President Thieu to "go along." On the following day:

The P also got back on the Watergate thing today, making the point that I should talk to Connally about the Johnson bugging process to get his judgment as to how to handle it. He wonders if we shouldn't just have Andreas go in and scare Hubert. The problem in going at LBJ is how he'd react, and we need to find out from [Deke] De Loach who did it, and then run a lie detector on him. I talked to Mitchell on the phone on this subject and he said De Loach had told him he was up to date on the thing because he had a call from Texas. A Star reporter was making an inquiry in the last week or so, and LBJ got very hot and called Deke and said to him that if the Nixon people are going to play with this, that he would release [deleted material—national security], saying that our side was asking that certain things be done. By our side, I assume he means the Nixon campaign organization. De Loach took this as a direct threat from Johnson. ... As he recalls it, bugging was requested on the planes, but was turned

about. Hence the second thoughts ("wasn't such a good idea..."). In his excellent introduction to *The Haldeman Diaries*, Nixon's biographer Professor Stephen Ambrose characterizes the 1973 approach to Lyndon Johnson as "prospective blackmail," designed to exert backstairs pressure to close down a congressional inquiry. But he also suggests that Johnson, himself no pushover, had some blackmail ammunition of his own. As Professor Ambrose phrases it, the *Diaries* had been vetted by the National Security Council, and the bracketed deletion cited above is "the only place in the book where an example is given of a deletion by the NSC during the Carter Administration." "Eight days later Nixon was inaugurated for his second term," Ambrose relays. "Ten days later Johnson died of a heart attack. What Johnson had on Nixon I suppose we'll never know."

The professor's conclusion here is arguably too tentative. There is a well-understood principle known as "Mutual Assured Destruction," whereby both sides possess more than enough material with which to annihilate the other. The answer to the question of what the Johnson Administration "had" on Nixon is a relatively easy one. It was given in a book entitled *Counsel to the President*, published in 1991. Its author was Clark Clifford, the quintessential blue-chip Washington insider, who was assisted in the writing by Richard Holbrooke, the former assistant secretary of state and current ambassador to the United Nations. In 1968, Clark Clifford was secretary of defense and Richard Holbrooke was a member of the American negotiating team at the Vietnam peace talks in Paris.

From his seat in the Pentagon, Clifford had been able to read the intelligence transcripts that picked up and recorded what he terms a "secret personal channel" between President Thieu in Saigon and the Nixon campaign. The chief interlocutor at the American end was John Mitchell, then Nixon's campaign manager and subsequently attorney general (and subsequently Prisoner Number 2417-157 in the Maxwell Air Force Base prison camp). He was actively assisted by Madame Anna Chennault, known to all as the "Dragon Lady." A fierce veteran of the Taiwan lobby, and all-purpose right-wing intriguer, she was a social and political force in the Washington of her day and would rate her own biography.

Clifford describes a private meeting at which he, President Johnson, Secretary of State Dean Rusk, and National Security Adviser Walt Rostow were present. Hawkish to a man, they kept Vice President Humphrey out of the loop. But, hawkish as they were, they were appalled at the evidence of Nixon's treachery. They nonetheless decided not to go public with what they knew. Clifford says that this was because the disclosure would have ruined the Paris talks altogether. He could have

THERE HAD TO BE AN INFORMANT
INSIDE JOHNSON'S CAMP THAT
INFORMANT WAS HENRY KISSINGER

down, and all they did was check the phone calls, and put a tap on the Dragon Lady [Mrs. Anna Chennault].

This bureaucratic prose may be hard to read, but it needs no cipher to decode itself. Under intense pressure about the bugging of the Watergate building, Nixon instructed his chief of staff, Haldeman, and his FBI contact, Deke DeLoach, to unmask the bugging to which his own campaign had been subjected in 1968. He also sounded out former president Johnson, through former senior Democrats like Texas governor John Connally, to gauge what his reaction to the disclosure might be. The aim was to show that "everybody does it." (By another bipartisan paradox, in Washington the slogan "they all do it" is used as a slogan for the defense rather than, as one might hope, for the prosecution.)

However, a problem presents itself at once: how to reveal the 1968 bugging without at the same time revealing what that bugging had been

38 HARPER'S MAGAZINE / FEBRUARY 2001

added that it would have created a crisis of con-
fidence in American institutions. There are some
things that the voters can't be trusted to know.
And even though the bugging had been legal, it
might not have looked like fair play. (The Logan
Act flatly prohibits any American from conduct-
ing private diplomacy with a foreign power.)

In the event, Thieu pulled out of the ne-
gotiations anyway, ruining them just three
days before the election. Clifford is in no
doubt of the advice on which he did so:

The activities of the Nixon team went far be-
yond the bounds of justifiable political combat.
It constituted direct interference in the activ-
ities of the executive branch and the respon-
sibilities of the Chief Executive, the only people
with authority to negotiate on behalf of the
nation. The activities of the Nixon campaign
constituted a gross, even potentially illegal, in-
terference in the security affairs of the nation
by private individuals.

Perhaps aware of the slight feebleness of his
lawyerly prose, and perhaps a little ashamed
of keeping the secret for his memoirs rather
than sharing it with the electorate, Clifford
adds in a footnote:

It should be remembered that the public was
considerably more innocent in such matters
in the days before the Watergate hearings and
the 1975 Senate investigation of the CIA.

Perhaps the public was indeed more innocent,
if only because of the insider reticence of white-
shoe lawyers like Clifford, who thought there
were some things too profane to be made known.
He claims now that he was in favor either of con-
fronting Nixon privately with the information
and forcing him to desist, or else of making it
public. Perhaps this was indeed his view.

A more wised-up age of investigative re-
porting has brought us several updates
on this appalling episode. And so has
the very guarded memoir of Richard
Nixon himself. More than one "back channel"
was required for the Republican destabilization
of the Paris peace talks. There had to be secret
communications between Nixon and the South
Vietnamese, as we have seen. But there also had
to be an informant inside the incumbent admin-
istration's camp, a source of hints and tips and
early warnings of official intentions. That infor-
mant was Henry Kissinger. In his own account,
RN: *The Memoirs of Richard Nixon*, the disgraced
elder statesman tells us that, in mid-September
1968, he received private word of a planned bomb-
ing halt. In other words, the Johnson Adminis-
tration would, for the sake of the negotiations, con-
sider suspending its aerial bombardment of North

Vietnam. This most useful advance intelligence,
Nixon tells us, came "through a highly unusual
channel." It was more unusual even than he ac-
knowledged. Kissinger had until then been a de-
voted partisan of Nelson Rockefeller, the match-
lessly wealthy prince of liberal Republicanism.
His contempt for the person and the policies of

Richard Nixon was undisguised. Indeed, President
Johnson's Paris negotiators, led by Averell Har-
riman, considered Kissinger to be almost one of
themselves. He had made himself helpful, as Rock-
efeller's chief foreign-policy adviser, by supplying
French intermediaries with their own contacts in
Hanoi. "Henry was the only person outside of the
government we were authorized to discuss the
negotiations with," Richard Holbrooke told Wal-
ter Isaacson. "We trusted him. It is not stretching
the truth to say that the Nixon campaign had a
secret source within the U.S. negotiating team."

So the likelihood of a bombing halt, wrote
Nixon, "came as no real surprise to me." He added:
"I told Haldeman that Mitchell should continue
as liaison with Kissinger and that we should hon-
or his desire to keep his role completely confi-
dential." It is impossible that Nixon was unaware
of his campaign manager's parallel role in col-
luding with a foreign power. Thus began what
was effectively a domestic covert operation, di-
rected simultaneously at thwarting the talks and
embarrassing the Hubert Humphrey campaign.

Later in the month, on September 26 to be
precise, and as recorded by Nixon in his memoirs,
"Kissinger called again. He said that he had just
returned from Paris, where he had picked up word
that something big was afoot regarding Vietnam.
He advised that if I had anything to say about
Vietnam during the following week, I should

FUNERAL, SOUTH
VIETNAM, 1972

Photograph © 1972 / Ian Berry / Magnum Photos, Inc.

REPORT 39

["July,\nthe\nNixon.\nash-\nudy,\nthe\nlany\nen-", "The\n\niclean\n\nof\n\nthe\n\nin-\n\nv-\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n

Kissinger in person. He clearly formed his estimate of the man's abilities from more persuasive experience than that. "One factor that had most convinced me of Kissinger's credibility," wrote Nixon later in his own delicious prose, "was the length to which he went to protect his secrecy."

That ghastly secret is now out. In the January 1969 issue of the Establishment house organ *Foreign Affairs*, published a few days after his appointment as Nixon's right-hand man, there appeared Henry Kissinger's own evaluation of the Vietnam negotiations. On every point of substance, he agreed with the line taken in Paris by the Johnson-Humphrey negotiators. One has to pause for an instant to comprehend the enormity of this. Kissinger had helped elect a man who had surreptitiously promised the South Vietnamese junta a better deal than they would get from the Democrats. The Saigon au-

thorities then acted, as Bundy ruefully confirms, as if they did indeed have a deal. This meant, in the words of a later Nixon slogan, "Four More Years." But four more years of an unwinnable and undeclared and murderous war, which was to spread before it burned out, and was to end on the same terms and conditions as had been on the table in the fall of 1968.

This was what it took to promote Henry Kissinger. To promote him from a mediocre and opportunistic academic to an international potentate. The signature qualities were there from the inaugural moment: the sycophancy and the duplicity; the power worship and the absence of scruple; the empty trading of old non-friends for new non-friends. And the distinctive effects were also present: the uncounted and expendable

corpses; the official and unofficial lying about the cost; the heavy and pompous pseudo-indignation when unwelcome questions were asked. Kissinger's global career started as it meant to go on. It debauched the American republic and American democracy, and it levied a hideous toll of casualties on weaker and more vulnerable societies.

## THE CRIME OF WAR, AND BOMBING FOR VOTES

Even while compelled to concentrate on brute realities, one must never lose sight of that element of the surreal that surrounds Henry Kissinger. Paying a visit to Vietnam in the middle 1960s, when many technocratic opportunists were still convinced that the war was worth fighting and could be won, the young Henry reserved judgment on the first point but developed considerable private doubts on the second. He had gone so far as to involve himself with an initiative that extended to direct personal contact with Hanoi. He became friendly with two Frenchmen who had a direct line to the Communist leadership in North Vietnam's capital. Raymond Aubrac, a French civil servant who was a friend of Ho Chi Minh, and Herbert Marcovich, a French microbiologist, began a series of trips to North Vietnam. On their return, they briefed Kissinger in Paris. He in his turn parlayed their information into high-level conversations in Washington, relaying the actual or potential negotiating positions of Pham Van Dong and other Communist statesmen to Defense Secretary Robert McNamara. (In the result, the relentless bombing of the North made any "bridge-building" impracticable. In particular, the now forgotten American destruction of the Paul Doumer Bridge outraged the Vietnamese side.)

This weightless mid-position, which ultimately helped enable his double act in 1968, allowed Kissinger to ventriloquize Governor Rockefeller and to propose, by indirect means, a future détente with America's chief rivals. In his first major address as a candidate for the Republican nomination in 1968, Rockefeller spoke ringingly of how "in a subtle triangle with Communist China and the Soviet Union, we can ultimately improve our relations with each—as we test the will for peace of both." [Italics added.]

This foreshadowing of a later Kissinger strategy might appear at first reading to illustrate pre-science. But Governor Rockefeller had no more reason than Vice President Humphrey to suppose that his ambitious staffer would defect to the Nixon camp, risking and postponing this same détente in order later to take credit for a de-based simulacrum of it.

Morally speaking, Kissinger treated the concept

42 HARPER'S MAGAZINE / FEBRUARY 2001

Map by Mike Reagan

of superpower rapprochement in the same way as he treated the concept of a negotiated settlement in Vietnam: as something contingent on his own needs. There was a time to feign support of it and a time to denounce it as weak-minded and treacherous. And there was a time to take credit for it. Some of those who "followed orders" in Indochina may lay a claim to that notoriously weak defense. Some who even issued the orders may now tell us that they were acting sincerely at the time. But Kissinger cannot avail himself of this alibi. He always knew what he was doing, and he embarked upon a second round of protracted warfare having knowingly helped to destroy an alternative that he always understood was possible. This increases the gravity of the charge against him. It also prepares us for his improvised and retrospective defense against that charge: that his immense depredations eventually led to "peace." When he announced that "peace is at hand" in October 1972, he made a boastful and false claim that could have been made in 1968. And when he claimed credit for subsequent superpower contacts, he was announcing the result of a secret and corrupt diplomacy that had originally been proposed as an open and democratic one. In the meantime, he had illegally eavesdropped and shadowed American citizens and public servants whose misgivings about the war, and about unconstitutional authority, were mild compared with those of Messieurs Aubrac and Marcovich. In establishing what lawyers call the mens rea, we can say that in Kissinger's case he was fully aware of, and is entirely accountable for, his own actions.

Upon taking office at Richard Nixon's side in the winter of 1969, it was Kissinger's task to be *plus royaliste que le roi* in two respects. He had to confect a rationale of "credibility" for punitive action in an already devastated Vietnamese theater, and he had to second his principal's wish that he form part of a "wall" between the Nixon White House and the Department of State. The term "two track" was later to become commonplace. Kissinger's position on both tracks, of promiscuous violence abroad and flagrant illegality at home, was decided from the start. He does not seem to have lacked relish for either commitment; one hopes faintly that this was not the first twinge of the "aphrodisiac."

President Johnson's "bombing halt" had not lasted long by any standard, even if one remembers that its original conciliatory purpose had been sordidly undercut. Averell Harriman, who had been LBJ's chief negotiator in Paris, later testified to Congress that the North Vietnamese had withdrawn 90 percent of their forces from the northern two provinces of South Vietnam, in October and November 1968, in accordance with

the agreement of which the "halt" might have formed a part. In the new context, however, this withdrawal could be interpreted as a sign of weakness, or even as a "light at the end of the tunnel."

The historical record of the Indochina war is voluminous, and the resulting controversy no less so. This does not, however, prevent the following of a consistent thread. Once the war had been unnaturally and undemocratically prolonged, more exorbitant methods were required to fight it and more fantastic excuses had to be fabricated to justify it. Let us take four connected cases in which the civilian population was deliberately exposed to indiscriminate lethal force, in which the customary laws of war and neutrality were violated, and in which conscious lies had to be told in order to conceal these facts and others.

## WHAT CONVINCED NIXON OF HENRY'S CREDIBILITY: "THE LENGTH TO WHICH HE WENT TO PROTECT HIS SECRECY"

The first such case is an example of what Vietnam might have been spared had not the 1968 Paris peace talks been sabotaged. In December 1968, during the "transition" period between the Johnson and Nixon administrations, the United States military command turned to what General Creighton Abrams termed "total war" against the "infrastructure" of the Vietcong/National Liberation Front insurgency. The chief exhibit in this campaign was a six-month clearance of the province of Kien Hoa. The code name for the sweep was Operation "Speedy Express."

It might, in some realm of theory, be remotely conceivable that such tactics could be justified under the international laws and charters governing the sovereign rights of self-defense. But no nation capable of deploying the overwhelming and annihilating force described below would be likely to find itself on the defensive. And it would be least of all likely to find itself on the defensive on its own soil. So the Nixon-Kissinger Administration was not, except in one unusual sense, fighting for survival. The unusual sense in which its survival was at stake is set out, yet again, in the stark posthumous testimony of H. R. Haldeman. From his roost at Nixon's side he describes a Kissingerian moment on December 15, 1970:

> K[Kissinger] came in and the discussion covered some of the general thinking about Vietnam and the P's big peace plan for next year, which K later told me he does not favor. He thinks that any pullout next year would be a serious mistake because the adverse reaction to it could set in well before the '72 elections. He favors, instead, a continued winding down and then a pullout right at the fall of '72 so that if any bad results follow they will be too late to affect the election.

REPORT 43

One could hardly wish for it to be more plain-
ly put than that. (And put, furthermore, by one
of Nixon's chief partisans with no wish to discredit
the re-election.) But in point of fact, Kissinger
himself admits to almost as much in his own first
volume of memoirs, *The White House Years*. The
context is a meeting with General de Gaulle, in
which the old warrior demanded to know by
what right the Nixon Administration subjected
Indochina to devastating bombardment. In his
own account, Kissinger replies that "a sudden
withdrawal might give us a credibility problem."
(When asked "where?" Kissinger hazily proposed
the Middle East.) It is important to bear in mind
that the future flatterer of Brezhnev and Mao
was in no real position to claim that he made
war in Indochina to thwart either. He certainly
did not dare try such a callow excuse on Charles

WE WERE NOT MEANT TO KNOW THAT
THE U.S. WAS IN VIETNAM AS EARLY
AS 1959 OR AS LATE AS 1975

de Gaulle. And indeed, the proponent of secret
deals with China was in no very strong position
to claim that he was combating Stalinism in gen-
eral. No, it all came down to "credibility" and to
the saving of face. It is known that 20,763 Amer-
ican, 109,230 South Vietnamese, and 496,260
North Vietnamese servicemen lost their lives in
Indochina between the day that Nixon and
Kissinger took office and the day in 1973 that
they withdrew American forces and accepted the
logic of 1968. Must the families of these victims
confront the fact that the chief "faces" at risk
were those of Nixon and Kissinger?

Thus the colloquially titled "Christmas bomb-
ing" of North Vietnam, continued after that elec-
tion had been won, must be counted as a war
crime by any standard. The bombing was not con-
ducted for anything that could be described as
"military reasons" but for twofold political ones.
The first of these was domestic: a show of strength
to extremists in Congress and a means of putting
the Democratic Party on the defensive. The sec-
ond was to persuade South Vietnamese leaders
such as President Thieu—whose intransigence
had been encouraged by Kissinger in the first
place—that their objections to American with-
d withdrawal were too nervous. This, again, was the
mortgage on the initial secret payment of 1968.

When the unpreventable collapse occurred in
Cambodia and Vietnam, in April and May 1975,
the cost was infinitely higher than it would have
been seven years previously. These locust years
ended as they had begun—with a display of brava-
do and deceit. On May 12, 1975, in the immedi-
ate aftermath of the Khmer Rouge seizure of pow-

er, Cambodian gunboats detained an American
merchant vessel named the *Mayaguez*. The ship
was stopped in international waters claimed by
Cambodia and then taken to the Cambodian is-
land of Koh Tang. In spite of reports that the
crew had been released, Kissinger pressed for an
immediate face-saving and "credibility"-enhanc-
ing strike. He persuaded President Gerald Ford, the
untried and undistinguished successor to his de-
posed former boss, to send in the Marines and
the Air Force. Out of a Marine force of 110, 18
were killed and 50 were wounded. Twenty-three
Air Force men died in a crash. The United States
used a 15,000-ton bomb on the island, the most
powerful nonnuclear device that it possessed. No-
body has the figures for Cambodian deaths. The
casualties were pointless, because the ship's com-
pany of the *Mayaguez* were nowhere on Koh Tang,
having been released some hours earlier. A sub-
sequent congressional inquiry found that Kissinger
could have known of this by listening to Cam-
bodian broadcasting or by paying attention to a
third-party government that had been negotiat-
ing a deal for the restitution of the crew and the
ship. It was not as if any Cambodians doubted, by
that month of 1975, the willingness of the U.S.
government to employ deadly force.

In Washington, D.C., there is a famous and
hallowed memorial to the American dead of the
Vietnam War. Known as the "Vietnam Veterans
Memorial," it bears a name that is slightly mis-
leading. I was present for the extremely affecting
moment of its dedication in 1982 and noticed
that the list of nearly 60,000 names is incised in
the wall not by alphabet but by date. The first
few names appear in 1959 and the last few in
1975. The more historically minded visitors can
sometimes be heard to say that they didn't know
the United States was engaged in Vietnam as ear-
ly or as late as that. Nor was the public supposed
to know. The first names are of the covert oper-
atives, sent in by Colonel Edward Lansdale with-
out congressional approval to support French colo-
nialism. The last names are of those thrown away
in the Mayaguez fiasco. It took Henry Kissinger to
ensure that a war of atrocity, which he had helped
to prolong, should end as furtively and ignomin-
iously as it had begun.

A SAMPLE OF CASES:
KISSINGER'S WAR CRIMES
IN INDOCHINA

Some statements are too blunt for everyday,
consensual discourse. In national "debate,"
it is the smoother pebbles that are cus-
tomarily gathered from the stream and used
as projectiles. They leave less of a scar, even when
they hit. Occasionally, however, a single hard-
edged remark will inflict a deep and jagged wound,

44 HARPER'S MAGAZINE / FEBRUARY 2001

a gash so ugly that it must be cauterized at once. In January 1971 there was a considered statement from General Telford Taylor, who had been chief U.S. prosecuting counsel at the Nuremberg trials. Reviewing the legal and moral basis of those hearings, and also the Tokyo trials of Japanese war criminals and the Manila trial of Emperor Hirohito's chief militarist, General Yamashita Tomoyuki, Taylor said that if the standard of Nuremberg and Manila were applied evenly, and applied to the American statesmen and bureaucrats who designed the war in Vietnam, then "there would be a very strong possibility that they would come to the same end [Yamashita] did." It is not every day that a senior American soldier and jurist delivers the opinion that a large portion of his country's political class should probably be hooded and blindfolded and dropped through a trapdoor on the end of a rope.

In his book *Nuremberg and Vietnam*, General Taylor also anticipated one of the possible objections to this legal and moral conclusion. It might be argued for the defense, he said, that those arraigned did not really know what they were doing; in other words, that they had achieved the foulest results but from the highest and most innocent motives. The notion of Indochina as some *Heart of Darkness* "quagmire" of ignorant armies has been seductively propagated, then and since, in order to make such a euphemism appear plausible. Taylor had no patience with such a view. American military and intelligence and economic and political teams had been in Vietnam, he wrote, for much too long to attribute anything they did "to lack of information." It might have been possible for soldiers and diplomats to pose as innocents until the middle of the 1960s, but after that time, and especially after the My Lai massacre of March 16, 1968, when serving veterans reported major atrocities to their superior officers, nobody could reasonably claim to have been uninformed, and of those who could, the least believable would be those who—far from the confusion of battle—read and discussed and approved the panoptic reports of the war that were delivered to Washington.

General Taylor's book was being written while many of the most reprehensible events of the Indochina war were still taking place, or still to come. He was unaware of the intensity and extent of, for example, the bombing of Laos and Cambodia. Enough was known about the conduct of the war, however, and about the existing matrix of legal and criminal responsibility, for him to arrive at some indisputable conclusions. The

first of these concerned the particular obligation of the United States to be aware of, and to respect, the Nuremberg principles:

> Military courts and commissions have customarily rendered their judgments stark and unsupported by opinions giving the reasons for their decisions. The Nuremberg and Tokyo judgments, in contrast, were all based on extensive opinions detailing the evidence and analyzing the factual and legal issues, in the fashion of appellate tribunals generally. Needless to say they were not of uniform quality, and often reflected the logical shortcomings of compromise, the marks of which commonly mar the opinions of multi-member tribunals. But the process was professional in a way seldom achieved in military courts, and the records and judgments in these trials provided a much-needed foundation for a corpus of judge-made international penal law. The results of the trials commended themselves to the newly formed United Nations, and on Dec. 11, 1946, the General Assembly adopted a resolution affirming "the principles of international law recognized by the Charter of the Nuremberg Tribunal and the judgment of the Tribunal."

However history may ultimately assess the wisdom

FORMER IMPERIAL CITY OF HUE, SOUTH VIETNAM, AFTER AMERICAN AIR FORCE BOMBING, 1968

Photograph © 1968 / Marc Riboud / Magnum Photos, Inc.

REPORT 45

and the trans-Asian pipeline in the first place, can now be closed without penalty to the West.

or unwisdom of the war crimes trials, one thing is indisputable: At their conclusion, the United States Government stood legally, politically and morally committed to the principles enunciated in the charters and judgments of the tribunals. The President of the United States, on the recommendations of the Departments of State, War and Justice, approved the war crimes programs. Thirty or more American judges, drawn from the appellate benches of the states from Massachusetts to Oregon, and Minnesota to Georgia, conducted the later Nuremberg trials and wrote the opinions. General Douglas MacArthur, under authority of the Far Eastern Commission, established the Tokyo tribunal and confirmed the sentences it imposed, and it was under his authority as the highest American military officer in

judgment, the occasion for criminal conduct would not have arisen. The Germans in occupied Europe made gross errors of judgment which no doubt created the conditions in which the slaughter of the inhabitants of Klissura [a Greek village annihilated during the Occupation] occurred, but that did not make the killings any the less criminal.

Referring this question to the chain of command in the field, General Taylor noted further that the senior officer corps had been

more or less constantly in Vietnam, and splendidly equipped with helicopters and other aircraft, which gave them a degree of mobility unprecedented in earlier wars, and consequently endowed them with every opportunity to keep the course of the fighting and its consequences under close and constant observation. Communications were generally rapid and efficient, so that the flow of information and orders was unimpeded.

These circumstances are in sharp contrast to those that confronted General Yamashita in 1944 and 1945, with his troops reeling back in disarray before the oncoming American military powerhouse. For failure to control his forces so as to prevent the atrocities they committed, Brig. Gens. Egbert F. Bullene and Morris Handwerk and Maj. Gens. James A. Lester, Leo Donovan and Russel B. Reynolds found him guilty of violating the laws of war and sentenced him to death by hanging.

Nor did General Taylor omit the crucial link between the military command and its political supervision; again a much closer and more immediate relationship in the American-Vietnamese instance than in the Japanese-Filipino one, as the regular contact between, say, General Creighton Abrams and Henry Kissinger makes clear:

> How much the President and his close advisers in the White House, Pentagon and Foggy Bottom knew about the volume and cause of civilian casualties in Vietnam, and the physical devastation of the countryside, is speculative. Something was known, for the late John McNaughton (then Assistant Secretary of Defense) returned from the White House one day in 1967 with the message that "We seem to be proceeding on the assumption that the way to eradicate the Vietcong is to destroy all the village structures, defoliate all the jungles, and then cover the entire surface of South Vietnam with asphalt."

This was noticed (by Townsend Hoopes, a political antagonist of General Taylor's) before that metaphor had been extended into two new countries, Laos and Cambodia, without a declaration of war, a notification to Congress, or a warning to civilians to evacuate. But Taylor anticipated the Kissinger case in many ways when he recalled the trial of the Japanese statesman Koki Hirota,

who served briefly as Prime Minister and for several years as Foreign Minister between 1933 and May, 1938, after which he held no office whatever. The

RICHARD NIXON AND HENRY KISSINGER WITH ALEXANDER HAIG AT CAMP DAVID, 1972

the Far East that the Yamashita and other such proceedings were held. The United States delegation to the United Nations presented the resolution by which the General Assembly endorsed the Nuremberg principles.

Thus the integrity of the nation is staked on those principles, and today the question is how they apply to our conduct of the war in Vietnam, and whether the United States Government is prepared to face the consequences of their application.

Facing and cogitating these consequences himself, General Taylor took issue with another United States officer, Colonel William Corson, who had written that

"[r]egardless of the outcome of... the My Lai courts-martial and other legal actions, the point remains that American judgment as to the effective prosecution of the war was faulty from beginning to end and that the atrocities, alleged or otherwise, are a result of a failure of judgment, not criminal behavior."

To this Taylor responded:

Colonel Corson overlooks, I fear, that negligent homicide is generally a crime of bad judgment rather than evil intent. Perhaps he is right in the strictly causal sense that if there had been no failure of

46 HARPER'S MAGAZINE / FEBRUARY 2001

Photograph © AFP / CORBIS

so-called "rape of Nanking" by Japanese forces occurred during the winter of 1937-38, when Hirota was Foreign Minister. Upon receiving early reports of the atrocities, he demanded and received assurances from the War Ministry that they would be stopped. But they continued, and the Tokyo tribunal found Hirota guilty because he was "derelict in his duty in not insisting before the Cabinet that immediate action be taken to put an end to the atrocities," and "was content to rely on assurances which he knew were not being implemented." On this basis, coupled with his conviction on the aggressive war charge, Hirota was sentenced to be hanged.

Melvin Laird, as secretary of defense during the first Nixon Administration, was queasy enough about the early bombings of Cambodia, and dubious enough about the legality or prudence of the intervention, to send a memo to the Joint Chiefs of Staff, asking, "Are steps being taken, on a continuing basis, to minimize the risk of striking Cambodian people and structures? If so, what are the steps? Are we reasonably sure such steps are effective?" No evidence has surfaced that Henry Kissinger, as national security adviser or secretary of state, ever sought even such modest assurances. Indeed, there is much evidence of his deceiving Congress as to the true extent to which such assurances as were offered were deliberately false. Others involved—such as Robert McNamara; McGeorge Bundy, national security adviser to both Kennedy and Johnson; and William Colby—have since offered varieties of apology or contrition or at least explanation. Henry Kissinger, never. General Taylor described the practice of air strikes against hamlets suspected of "harboring" Vietnamese guerrillas as "flagrant violations of the Geneva Convention on Civilian Protection, which prohibits 'collective penalties,' and 'reprisals against protected persons,' and equally in violation of the Rules of Land Warfare." He was writing before this atrocious precedent had been extended to reprisal raids that treated two whole countries—Laos and Cambodia—as if they were disposable hamlets.

For Henry Kissinger, no great believer in the boastful claims of the war makers in the first place, a special degree of responsibility attaches. Not only did he have good reason to know that field commanders were exaggerating successes and claiming all dead bodies as enemy soldiers—a commonplace piece of knowledge after the spring of 1968—but he also knew that the issue of the war had been settled politically and diplomatically, for all intents and purposes, before he became national security adviser. Thus he had to know that every additional casualty, on either side, was not just a death but an avoidable death. With this knowledge, and with a strong sense of the domestic and personal political profit, he

urged the expansion of the war into two neutral countries—violating international law—while persisting in a breathtakingly high level of attrition in Vietnam itself.

From a huge menu of possible examples, I have chosen cases that involve Kissinger directly and in which I have myself been able to interview surviving witnesses. The first, as foreshadowed above, is Operation "Speedy Express":

My friend and colleague Kevin Buckley, then a much admired correspondent and Saigon bureau chief for *Newsweek*, became interested in the "pacification" campaign that bore this breezy code name. Designed in the closing days of the Johnson-Humphrey Administration, it was put into full effect in the first six months of 1969, when Henry Kissinger had assumed much authority over the conduct of the war. The objective was the American disciplining, on behalf of the Thieu government, of the turbulent Mekong Delta province of Kien Hoa.

On January 22, 1968, Robert McNamara had told the Senate that "no regular North Vietnamese units" were deployed in the Delta, and no military intelligence documents have surfaced to

## KISSINGER HAD TO KNOW THAT EVERY CASUALTY IN INDOCHINA AFTER 1968 WAS AVOIDABLE

undermine his claim, so that the cleansing of the area cannot be understood as part of the general argument about resisting Hanoi's unsleeping will to conquest. The announced purpose of the Ninth Division's sweep, indeed, was to redeem many thousands of villagers from political control by the National Liberation Front (NLF), or "Vietcong" (VC). As Buckley found, and as his magazine, *Newsweek*, partially disclosed at the rather late date of June 19, 1972,

> All the evidence I gathered pointed to a clear conclusion: a staggering number of noncombatant civilians—perhaps as many as 5,000 according to one official—were killed by U.S. firepower to "pacify" Kien Hoa. The death toll there made the My Lai massacre look trifling by comparison....

The Ninth Division put all it had into the operation. Eight thousand infantrymen scoured the heavily populated countryside, but contact with the elusive enemy was rare. Thus, in its pursuit of pacification, the division relied heavily on its 50 artillery pieces, 50 helicopters (many armed with rockets and mini-guns) and the deadly support lent by the Air Force. There were 3,381 tactical air strikes by fighter bombers during "Speedy Express." ...

"Death is our business and business is good," was the slogan painted on one helicopter unit's quarters

REPORT 47

during the operation. And so it was. Cumulative statistics for "Speedy Express" show that 10,899 "enemy" were killed. In the month of March alone, "over 3,000 enemy troops were killed... which is the largest monthly total for any American division in the Vietnam War," said the division's official magazine. When asked to account for the enormous body counts, a division senior officer explained that helicopter gun crews often caught unarmed "enemy" in open fields....

There is overwhelming evidence that virtually all the Viet Cong were well armed. Simple civilians were, of course, not armed. And the enormous discrepancy between the body count [11,000] and the number of captured weapons [748] is hard to ex-

## THE CHARGE OF KNOWINGLY KILLING CIVILIANS LEADS STRAIGHT TO THE DOCK AT NUREMBERG OR THE HAGUE

plain—except by the conclusion that many victims were unarmed innocent civilians....

The people who still live in pacified Kien Hoa all have vivid recollections of the devastation that American firepower brought to their lives in early 1969. Virtually every person to whom I spoke had suffered in some way. "There were 5,000 people in our village before 1969, but there were none in 1970," one village elder told me. "The Americans destroyed every house with artillery, air strikes, or by burning them down with cigarette lighters. About 100 people were killed by bombing, others were wounded and others became refugees. Many were children killed by concussion from the bombs which their small bodies could not withstand, even if they were hiding underground."

Other officials, including the village police chief, corroborated the man's testimony. I could not, of course, reach every village. But in each of the many places where I went, the testimony was the same: 100 killed here, 200 killed there.

Other notes by Buckley and his friend and collaborator Alex Shimkin (a worker for International Voluntary Services who was later killed in the war) discovered the same evidence in hospital statistics. In March 1969, the hospital at Ben Tre reported 343 patients injured by "friendly" fire and 25 by "the enemy," an astonishing statistic for a government facility to record in a guerrilla war in which suspected membership in the Vietcong could mean death. And Buckley's own citation for his magazine—of "perhaps as many as 5,000" deaths among civilians in this one sweep—is an almost deliberate understatement of what he was told by a United States official, who actually said that "at least 5,000" of the dead "were what we refer to as non-combatants"—a not too acting distinction, as we have already seen, and as was by then well understood. [Italics mine.]

Well understood, that is to say, not just by

those who opposed the war but by those who were conducting it. As one American official put it to Buckley,

"The actions of the Ninth Division in inflicting civilian casualties were worse [than My Lai]. The sum total of what the 9th did was overwhelming. In sum, the horror was worse than My Lai. But with the 9th, the civilian casualties came in dribbles and were pieced out over a long time. And most of them were inflicted from the air and at night. Also, they were sanctioned by the command's insistence on high body-counts.... The result was an inevitable outcome of the unit's command policy."

The earlier sweep that had mopped up My Lai—during Operation "Wheeler Wallawa"— had also at the time counted all corpses as those of enemy soldiers, including the civilian population of the village, who were casually included in the mind-bending overall total of 10,000.

Confronted with this evidence, Buckley and Shimkin abandoned a lazy and customary usage and replaced it, in a cable to Newsweek headquarters in New York, with a more telling and scrupulous one. The problem was not "indiscriminate use of firepower" but "charges of quite discriminating use—as a matter of policy in populated areas." Even the former allegation is a gross violation of the Geneva Convention; the second charge leads straight to the dock in Nuremberg or The Hague.

Since General Creighton Abrams publicly praised the Ninth Division for its work, and drew attention wherever and whenever he could to the tremendous success of Operation "Speedy Express," we can be sure that the political leadership in Washington was not unaware. Indeed, the degree of micromanagement revealed in Kissinger's memoirs quite forbids the idea that anything of importance took place without his knowledge or permission.

Of nothing is this more true than his own individual involvement in the bombing and invasion of neutral Cambodia and Laos. Obsessed with the idea that Vietnamese intransigence could be traced to allies or resources external to Vietnam itself, or could be overcome by tactics of mass destruction, Kissinger at one point contemplated using thermonuclear weapons to obliterate the pass through which ran the railway link from North Vietnam to China, and at another stage considered bombing the dikes that prevented North Vietnam's irrigation system from flooding the country. Neither of these measures (reported respectively in Tad Szulc's history of Nixon-era diplomacy, *The Illusion of Peace*, and by Kissinger's former aide Roger Morris) was taken, which removes some potential war crimes from our bill of indictment but which also gives an indication of the regnant mentality. There

48 HARPER'S MAGAZINE / FEBRUARY 2001

remained Cambodia and Laos, which supposedly concealed or protected North Vietnamese supply lines.

As in the cases postulated by General Telford Taylor, there is the crime of aggressive war and then there is the question of war crimes. In the postwar period, or the period governed by the U.N. Charter and its related and incorporated conventions, the United States under Democratic and Republican administrations had denied even its closest allies the right to invade countries that allegedly gave shelter to their antagonists. Most famously, President Eisenhower exerted economic and diplomatic pressure at a high level to bring an end to the invasion of Egypt by Britain, France, and Israel in October 1956. (The British thought Egyptian president Gamal Abdel Nasser should not control "their" Suez Canal, the French believed Nasser to be the inspiration and source of their troubles in Algeria, and the Israelis claimed that he played the same role in fomenting their difficulties with the Palestinians. The United States maintained that even if these propaganda fantasies were true, they would not retrospectively legalize an invasion of Egypt.) During the Algerian war of independence, the United States had also repudiated France's claimed right to attack a town in neighboring Tunisia that succored Algerian guerrillas, and in 1964, at the United Nations, Ambassador Adlai Stevenson had condemned the United Kingdom for attacking a town in Yemen that allegedly provided a rear guard for rebels operating in its then colony of Aden.

All this law and precedent was to be thrown to the winds when Nixon and Kissinger decided to aggrandize the notion of "hot pursuit" across the borders of Laos and Cambodia. As William Shawcross reported in his 1979 book, *Sideshow*, even before the actual territorial invasion of Cambodia, for example, and very soon after the accession of Nixon and Kissinger to power, a program of heavy bombardment of the country was prepared and executed in secret. One might with some revulsion call it a "menu" of bombardment, since the code names for the raids were "Breakfast," "Lunch," "Snack," "Dinner," and "Dessert." The raids were flown by B-52 bombers, which, it is important to note, fly at an altitude too high to be observed from the ground and carry immense tonnages of high explosive; they give no warning of approach and are incapable of accuracy or discrimination. Between March 1969 and May 1970, 3,630 such raids were flown across the Cambodian frontier. The bombing campaign began as it was to go on—with full knowledge of its effect on civilians and flagrant deceit by Mr. Kissinger in this precise respect.

To wit, a memorandum prepared by the Joint

Chiefs of Staff and sent to the Defense Department and the White House stated plainly that "some Cambodian casualties would be sustained in the operation" and that "the surprise effect of attack could tend to increase casualties." The target district for "Breakfast" (Base Area 353) was inhabited, explained the memo, by about 1,640 Cambodian civilians; "Lunch" (Base Area 609), by 198 of them; "Snack" (Base Area 351), by 383; "Dinner" (Base Area 352), by 770; and "Dessert" (Base Area 350), by about 120 Cambodian peasants. These oddly exact figures are enough in themselves to demonstrate that Kissinger must have been lying when he later told the Senate Foreign Relations Committee that areas of Cambodia selected for bombing were "unpopulated."

As a result of the expanded and intensified bombing campaigns, it has been officially estimated that as many as 350,000 civilians in Laos

TAKING COVER FROM HEAVY FIGHTING, 1966

and 600,000 in Cambodia lost their lives. (These are not the highest estimates.) Figures for refugees are several multiples of that. In addition, the widespread use of toxic chemical defoliants created a massive health crisis that naturally fell most heavily on children, nursing mothers, the aged, and the already infirm. That crisis persists to this day.

Although this appalling war, and its appalling consequences, can and should be taken as a moral and political crisis for American institutions, for at least five United States presidents, and for American society, there is little difficulty in identifying individual responsibility during this, its most atrocious and indiscriminate stage. Richard Nixon, as commander in chief, bears ultimate responsibility and only narrowly escaped a congressional move to include his crimes and deceptions in Indochina in the

Photograph © AP / Wide World Photos

REPORT 49

articles of impeachment, the promulgation of which eventually compelled his resignation. But his deputy and closest adviser, Henry Kissinger, was sometimes forced, and sometimes forced himself, into a position of virtual co-presidency where Indochina was concerned.

For example, in the preparations for the invasion of Cambodia in 1970, Kissinger was caught between the views of his staff—several of whom resigned in protest when the invasion began—and his need to please his president. His president listened more to his two criminal associates—John Mitchell and Bebe Rebozo—than he did to his secretaries of state and defense, William Rogers and Melvin Laird, both of whom were highly skeptical about widening the war. On one especially charming occasion, Nixon telephoned Kissinger, while drunk, to discuss the invasion

plans. He then put Bebe Rebozo on the line. "The President wants you to know if this doesn't work, Henry, it's your ass." "Ain't that right, Bebe?" slurred the commander in chief. (The conversation was monitored and transcribed by one of Kissinger's soon-to-resign staffers, William Watts.) It could be said that in this instance the national security adviser was under considerable pressure; nevertheless, he took the side of the pro-invasion faction and, according to the memoirs of General William

Westmoreland, actually lobbied for that invasion to go ahead.

A somewhat harder picture is presented by former chief of staff H. R. Haldeman in his *Diaries*. On December 22, 1970, he records:

> Henry came up with the need to meet with the P to-day with Al Haig and then tomorrow with Laird and Moorer because he has to use the P to force Laird and the military to go ahead with the P's plans, which they won't carry out without direct orders.

In his *White House Years*, Kissinger claims that he usurped the customary chain of command whereby commanders in the field receive, or believe that they receive, their orders from the president and then the secretary of defense. He boasts

that he, together with Haldeman, Alexander Haig, and Colonel Ray Sitton, evolved "both a military and a diplomatic schedule" for the secret bombing of Cambodia. On board Air Force One, which was on the tarmac at Brussels airport on February 24, 1969, he writes, "we worked out the guidelines for bombing of the enemy's sanctuaries." A few weeks later, Haldeman's *Diaries* for March 17 record:

> Historic day. K[issinger]'s "Operation Breakfast" finally came off at 2:00 PM our time.

> K[issinger] really excited, as was P[resident].

The next day's entry:

> K[issinger]'s "Operation Breakfast" a great success. He came beaming in with report, very productive.

It only got better. On April 22, 1970, Haldeman reports that Nixon, following Kissinger into a National Security Council meeting on Cambodia, "turned back to me with a big smile and said, 'K[issinger]'s really having fun today, he's playing Bismarck.'"

The above is an insult to the Iron Chancellor. When Kissinger was finally exposed in Congress and the press for conducting unauthorized bombings, he weakly pleaded that the raids were not all that secret, really, because Prince Sihanouk of Cambodia had known of them. He had to be reminded that a foreign princeling cannot give permission to an American bureaucrat to violate the United States Constitution. Nor, for that matter, can he give permission to an American bureaucrat to slaughter large numbers of his "own" civilians. It's difficult to imagine Bismarck cowering behind such a contemptible excuse. (Prince Sihanouk, it is worth remembering, later became an abject puppet of the Khmer Rouge.)

Colonel Sitton, the reigning expert on B-52 tactics at the Joint Chiefs of Staff, began to notice that by late 1969 his own office was being regularly overruled in the matter of selecting targets. "Not only was Henry carefully screening the raids," said Sitton, "he was reading the raw intelligence" and fiddling with the mission patterns and bombing runs. In other departments of Washington insiderdom, it was also noticed that Kissinger was becoming a Stakhanovite committeeman. Aside from the crucial 40 Committee, which planned and oversaw all foreign covert actions, he chaired the Washington Special Action Group (WSAG), which dealt with breaking crises; the Verification Panel, concerned with arms control; the Vietnam Special Studies Group, which oversaw the day-to-day conduct of the war; and the Defense Program Review Committee, which supervised the budget of the Defense Department.

It is therefore impossible for him to claim that he was unaware of the consequences of the bomb-

MENTALLY AND PHYSICALLY HANDICAPPED CHILD OF AN AGENT ORANGE VICTIM, 1998

50 HARPER'S MAGAZINE / FEBRUARY 2001

Photograph © 1998 / P. J. Griffiths / Magnum Photos, Inc.

ings of Cambodia and Laos; he knew more about them, and in more intimate detail, than any other individual. Nor was he imprisoned in a culture of obedience that gave him no alternative, or no rival arguments. Several senior members of his own staff, most notably Anthony Lake and Roger Morris, resigned over the invasion of Cambodia, and more than two hundred State Department employees signed a protest addressed to Secretary of State William Rogers. Indeed, both Rogers and Secretary of Defense Melvin Laird were opposed to the secret bombing policy, as Kissinger himself records with some disgust in his memoirs. Congress also was opposed to an extension of the bombing (once it had agreed to become informed of it), but even after the Nixon-Kissinger Administration had undertaken on Capitol Hill not to intensify the raids, there was a 21 percent increase of the bombing of Cambodia in the months of July and August 1973. The Air Force maps of the targeted areas show them to be, or to have been, densely populated.

Colonel Sitton does recall, it must be admitted, that Kissinger requested the bombing avoid civilian casualties. His explicit motive in making this request was to avoid or forestall complaints from the government of Prince Sihanouk. But this does no more in itself than demonstrate that Kissinger was aware of 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 often 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. Under pressure from the United States Embassy, the Laotian authorities had Branfman deforted 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 April 22, 1971, at a hearing held by Senator Edward Kennedy's 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 paid a visit to Laos and

"THE PRESIDENT WANTS YOU TO KNOW IF THIS DOESN'T WORK, HENRY, IT'S YOUR ASS." —BEBE REBOZO

acquired a copy of an internal U.S. Embassy study of the bombing. He also prevailed on the U.S. 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 collusion in the 1974 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 taped 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 U.S. 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 U.S. Seventh Air Force. Here, a war room code-named Blue Chip served as the command and control center of the bombing campaign. Branfman was able to

REPORT 51

pose as a new recruit just up from Saigon and ultimately gained access to the war room itself. Consoles and maps and screens plotted the progress of the bombardment. In conversation with the "bombing officer" on duty, he asked if pilots ever made contact before dropping their enormous loads of ordnance. Oh, yes, he was assured, they did. Were they worried about hitting the innocent? Oh, no—merely concerned about the whereabouts of CIA "ground teams" infiltrated into the area. Branfman's report on this, which was carried by Jack Anderson's syndicated column, was uncontroverted by any official denial.

One reason that the American command in Southeast Asia finally ceased employing the crude and horrific tally of "body count" was that, as in the relatively small but specific case of Operation "Speedy Express" cited above, the figures began to look ominous when they were counted up. Sometimes, totals of "enemy" dead would turn out, when computed, to be suspiciously larger than the number of claimed "enemy" in the field. Yet the war would somehow drag on, with new quantitative goals being set and enforced. Thus, according to the Pentagon, the following are the casualty figures between the first Lyndon Johnson bombing

## KISSINGER OFFHANDEDLY DESCRIBED CHILE AS "A DAGGER POINTED AT THE HEART OF ANTARCTICA"

halt in March 1968 and February 26, 1972:

* Americans: 31,205

* South Vietnamese regulars: 86,101

* "Enemy": 475,609

The U.S. Senate Subcommittee on Refugees estimated that in the same four-year period, rather more than 3 million civilians were killed, injured, or rendered homeless.

In the same four-year period, the United States dropped almost 4,500,000 tons of high explosive on Indochina. (The Pentagon's estimated total for the amount dropped in the entire Second World War is 2,044,000.) This total does not include massive sprayings of chemical defoliants and pesticides.

It is unclear how we count the murder or abduction of 35,708 Vietnamese civilians by the CIA's counterguerrilla "Phoenix program" during the first two and a half years of the Nixon-Kissinger Administration. There may be some "overlap." There is also some overlap with the actions of previous administrations in all cases. But the truly exorbitant death tolls all occurred on Henry Kissinger's watch; were known and un-

derstood by him; were concealed from Congress, the press, and the public by him; and were, when questioned, the subject of political and bureaucratic vendettas ordered by him. They were also partly the outcome of a secretive and illegal process in Washington, unknown even to most Cabinet members, of which Henry Kissinger stood to be, and became, a prime beneficiary.

On that closing point one may once again cite H. R. Haldeman, who had no further reason to lie and who had, by the time of his writing, paid for his crimes by serving a sentence in prison. Haldeman describes the moment in Florida when Kissinger was enraged by a New York Times story telling some part of the truth about Indochina:

> Henry telephoned J. Edgar Hoover in Washington from Key Biscayne on the May morning the *Times* story appeared.

> According to Hoover's memo of the call, Henry said the story used "secret information which was extraordinarily damaging." Henry went on to tell Hoover that he "wondered whether I could make a major effort to find out where that came from...and to put whatever resources I need to find out who did this. I told him I would take care of this right away."

> Henry was no fool, of course. He telephoned Hoover a few hours later to remind him that the investigation be handled discreetly "so no stories will get out." Hoover must have smiled, but said all right. And by five o'clock he was back on the telephone to Henry with the report that the *Times* reporter "may have gotten some of his information from the Southeast Asian desk of the Department of Defense's Public Affairs Office." More specifically, Hoover suggested the source could be a man named Mort Halperin (a Kissinger staffer) and another man who worked in the Systems Analysis Agency.... According to Hoover's memo, Kissinger "hoped I would follow it up as far as we can take it and they will destroy whoever did this if we can find him, no matter where he is."

> The last line of that memo gives an accurate reflection of Henry's rage, as I remember it.

> Nevertheless, Nixon was one hundred percent behind the wiretaps. And I was, too.

> And so the program started, inspired by Henry's rage but ordered by Nixon, who soon broadened it even further to include newsmen. Eventually, seventeen people were wiretapped by the FBI including seven on Kissinger's NSC staff and three on the White House staff.

And thus, the birth of the "plumbers" and of the assault on American law and democracy that they inaugurated. Commenting on the lamentable end of this process, Haldeman wrote that he still believed that ex-president Nixon (who was then still alive) should agree to the release of the remaining tapes. But:

> This time my view is apparently not shared by the man who was one reason for the original decision

52 HARPER'S MAGAZINE / FEBRUARY 2001

to start the taping process. Henry Kissinger is de-
termined to stop the tapes from reaching the
public....

Nixon made the point that Kissinger was really
the one who had the most to lose from the tapes be-
coming public. Henry apparently felt that the tapes
would expose a lot of things he had said that would
be very disadvantageous to him publicly.

Nixon said that in making the deal for custody
of his Presidential papers, which was originally an-
nounced after his pardon but then was shot down
by Congress, that it was Henry who called him and
insisted on Nixon's right to destroy the tapes. That
was, of course, the thing that destroyed the deal.

A society that has been "plumbed" has the
right to demand that its plumbers be compelled
to make some restitution by way of full disclosure.
The litigation to put the Nixon tapes in the pub-
lic trust is only partially complete; no truthful
account of the Vietnam years will be available un-
til Kissinger's part in what we already know has
been made fully transparent.

Until that time, Kissinger's role in the viola-
tion of American law at the close of the Vietnam
War makes the perfect counterpart to the 1968
covert action that helped him to power in the first
place. The two parentheses enclose a series of
premeditated war crimes that still have power to
stun the imagination.

CHILE (PART I):
STATESMAN AS HITMAN

In a famous expression of his contempt for
democracy, Kissinger once observed that he
saw no reason why a certain country should
be allowed to "go Communist due to the ir-
responsibility of its own people." The country
concerned was Chile, which at the time of this
remark had a justified reputation as the most
highly evolved pluralistic democracy in the
Southern Hemisphere of the Americas. The plu-
ralism translated, in the years of the Cold War,
into an electorate that voted about one-third
conservative, one-third socialist and Commu-
nist, and one-third Christian Democratic and
centrist. This had made it relatively easy to keep
the Marxist element from having its turn in gov-
ernment, and ever since 1962 the CIA had—as
it had in Italy and other comparable nations—
largely contented itself with funding the reli-
able elements. In September 1970, however, the
left's candidate actually gained a slight plurali-
ty of 36.2 percent in the presidential elections.
Divisions on the right, and the adherence of
some smaller radical and Christian parties to the
left, made it a moral certainty that the Chilean
Congress would, after the traditional sixty-day in-
terregnum, confirm Dr. Salvador Allende as the
next president. But the very name of Allende was

anathema to the extreme right in Chile, to cer-
tain powerful corporations (notably ITT, Pepsi-
Cola, and the Chase Manhattan Bank) that did
business in Chile and the United States, and to
the CIA.

This loathing quickly communicated itself to
President Nixon. He was personally beholden to
Donald Kendall, the president of Pepsi-Cola,
who had given him his first international ac-
count when, as a failed politician, he had joined
a Wall Street law firm. A series of Washington
meetings, within eleven days of Allende's electoral
victory, essentially settled the fate of Chilean
democracy. After discussions with Kendall, with

David Rockefeller of Chase Manhattan, and with
CIA director Richard Helms, Kissinger went with
Helms to the Oval Office. Helms's notes of the
meeting show that Nixon wasted little breath in
making his wisheſ known. Allende was not to
assume office. "Not concerned risks involved. No
involvement of embassy. $10,000,000 available,
more if necessary. Full-time job—best men we
have.... Make the economy scream. 48 hours for
plan of action."

Declassified documents show that Kissinger—
who had previously neither known nor cared
about Chile, describing it offhandedly as "a dag-
ger pointed at the heart of Antarctica"—took se-
riously this chance to impress his boss. A group was
set up in Langley, Virginia, with the express pur-
pose of running a "two track" policy for Chile, one
the ostensible diplomatic one and the other—
unknown to the State Department or the U.S. am-
bassador to Chile, Edward Korry—a strategy of

Map by Mike Reagan

REPORT 53

destabilization, kidnapping, and assassination designed to provoke a military coup.

There were long- and short-term obstacles to the incubation of such an intervention, especially in the brief interval available before Allende took his oath of office. The long-term obstacle was the tradition of military abstention from politics in Chile, a tradition that marked off the country from its neighbors. Such a military culture was not to be degraded overnight. The short-term obstacle lay in the person of one man: General René Schneider. As chief of the Chilean Army, he was adamantly opposed to any military meddling in the electoral process. Accordingly, it was decided at a meeting on September 18, 1970, that General Schneider had to go.

The plan, well documented by Seymour Hersh and others, was to have him kidnapped by extremist officers, in such a way as to make it appear that leftist and pro-Allende elements were behind the plot. The resulting confusion, it was hoped, would panic the Chilean Congress into denying Allende the presidency. A sum of $50,000 was offered around the kidnap capital, Santiago, for any officer or officers enterprising enough to take on

SALVADOR ALLENDE,
1971

this task. Richard Helms and his director of covert operations, Thomas Karamessines, told Kissinger that they were not optimistic. Military circles were hesitant and divided, or else loyal to General Schneider and the Chilean constitution. As Helms put it in a later account of the conversation: "We tried to make clear to Kissinger how small the possibility of success was." Kissinger

firmly told Helms and Karamessines to press on in any case.

Here one must pause for a recapitulation. An unelected official in the United States is meeting with others, without the knowledge or authorization of Congress, to plan the kidnapping of a constitutionally minded senior officer in a democratic country with which the United States is not at war and with which it maintains cordial diplomatic relations. The minutes of the meetings may have an official look to them (though they were hidden from the light of day for long enough), but what we are reviewing is a "hit," a piece of state-supported terrorism.

Ambassador Edward Korry has testified that he told his embassy staff to have nothing to do with a group styling itself Patria y Libertad, a quasi-fascist group intent on defying the election results. He sent two cables to Washington warning his superiors to have nothing to do with them either. He was unaware that his own military attachés had been told to contact the group and to keep the fact from him. And when the outgoing president of Chile, the Christian Democrat Eduardo Frei, announced that he was opposed to any American intervention and would vote to confirm the legally elected Allende, it was precisely to this gang that Kissinger turned. On September 15, 1970, Kissinger was told of an extremist right-wing officer named General Roberto Viaux, who had ties to Patria y Libertad and who was willing to accept the secret American commission to remove General Schneider from the chessboard. The term "kidnap" was still being employed at this point and is often employed still. Kissinger's "track two" group, however, authorized the supply of machine guns as well as tear-gas grenades to Viaux's associates and never seem to have asked what they would do with the general once they had kidnapped him.

Let the documents tell the story. A CIA cable to Kissinger's "track two" group from Santiago dated October 18, 1970, reads (with the names still blacked out for "security" purposes and cover identities written in by hand, in my square brackets, by the ever-thoughtful redaction service) as follows:

1. [Station cooptee] MET CLANDESTINELY EVENING 17 OCT WITH [two Chilean Armed Forces officers] WHO TOLD HIM THEIR PLANS WERE MOVING ALONG BETTER THAN HAD THOUGHT POSSIBLE. THEY ASKED THAT BY EVENING 18 OCT [cooptee] ARRANGE FURNISH THEM WITH EIGHT TO TEN TEAR GAS GRENADES. WITHIN 48 HOURS THEY NEED THREE 45 CALIBRE MACHINE GUNS ("GREASE GUNS") WITH 500 ROUNDS AMMO EACH. [One officer] COMMENTED HAS THREE MACHINE GUNS HIMSELF BUT CAN BE IDENTIFIED BY SERIAL NUMBERS AS HAVING BEEN ISSUED TO HIM THEREFORE UNABLE USE THEM.

54 HARPER'S MAGAZINE / FEBRUARY 2001

Photograph by Raymond Depardon / Liaison Agency Inc.

2. [Officers] SAID THEY HAVE TO MOVE BECAUSE THEY BELIEVE THEY NOW UNDER SUSPICION AND BEING WATCHED BY ALLENDE SUPPORTERS. [One officer] WAS LATE TO MEETING HAVING TAKEN EVASIVE ACTION TO SHAKE POSSIBLE SURVEILLANCE BY ONE OR TWO TAXI CABS WITH DUAL ANTENNAS WHICH HE BELIEVED BEING USED BY OPPOSITION AGAINST HIM.

3. [Cooptee] ASKED IF [officers] HAD AIR FORCE CONTACTS. THEY ANSWERED THEY DID NOT BUT WOULD WELCOME ONE. [Cooptee] SEPARATELY HAS SINCE TRIED CONTACT [a Chilean Air Force General] AND WILL KEEP TRYING UNTIL ESTABLISHED. WILL URGE [Air Force General] MEET WITH [other two officers] ASAP. [Cooptee] COMMENTED TO STATION THAT [Air Force General] HAS NOT TRIED CONTACT HIM SINCE REF A TALK.

4. [Cooptee] COMMENT: CANNOT TELL WHO IS LEADER OF THIS MOVEMENT BUT STRONGLY SUSPECTS IT IS ADMIRAL [Deleted]. IT WOULD APPEAR FROM [his contacts'] ACTIONS AND ALLEGED ALLENDE SUSPICIONS ABOUT THEM THAT UNLESS THEY ACT NOW THEY ARE LOST. TRYING GET MORE INFO FROM THE EVENING 18 OCT ABOUT SUPPORT THEY BELIEVE THEY HAVE.

5. STATION PLANS GIVE SIX TEAR GAS GRENADES (ARRIVING NOON 18 OCT BY SPECIAL COURIER) TO [cooptee] FOR DELIVERY TO [Armed Forces officer] INSTEAD OF HAVING [False Flag officer] DELIVER THEM TO VIAUX GROUP. OUR REASONING IS THAT [cooptee] DEALING WITH ACTIVE DUTY OFFICERS. ALSO [False Flag officer] LEAVING EVENING 18 OCT AND WILL NOT BE REPLACED BUT [cooptee] WILL STAY HERE. HENCE IMPORTANT THAT [cooptee] CREDIBILITY WITH [Armed Forces officers] BE STRENGTHENED BY PROMPT DELIVERY WHAT THEY REQUESTING. REQUEST HEADQUARTERS AGREEMENT BY 1500 HOURS LOCAL TIME 18 OCT ON DECISION DELIVERY OF TEAR GAS TO [cooptee] VICE [False Flag officer].

6. REQUEST PROMPT SHIPMENT THREE STERILE 45 CALIBRE MACHINE GUNS AND AMMO PER PARA 1 ABOVE, BY SPECIAL COURIER IF NECESSARY. PLEASE CONFIRM BY 2000 HOURS LOCAL TIME 18 OCT THAT THIS CAN BE DONE SO [cooptee] MAY INFORM [his contacts] ACCORDINGLY.

The reply, which is headed IMMEDIATE SANTIAGO (EYES ONLY [deleted]), is dated October 18 and reads as follows:

SUB-MACHINE GUNS AND AMMO BEING SENT BY REGULAR [deleted] COURIER LEAVING WASHINGTON 0700 HOURS 19 OCTOBER DUE ARRIVE SANTIAGO LATE EVENING 20 OCTOBER OR EARLY MORNING 21 OCTOBER. PREFERRED USE REGULAR [deleted] COURIER TO AVOID BRINGING UNDUE ATTENTION TO OP.

A companion message, also addressed to "SANTIAGO 562," went like this:

1. DEPENDING HOW [cooptee] CONVERSATION GOES EVENING 18 OCTOBER YOU MAY WISH SUBMIT INTEL REPORT [deleted] SO WE CAN DECIDE WHETHER SHOULD BE DISSEMED.

2. NEW SUBJECT: IF [cooptee] PLANS LEAD COUP, OR BE ACTIVELY AND PUBLICLY INVOLVED, WE PUZZLED WHY IT SHOULD BOTHER HIM IF MACHINE GUNS CAN

BE TRACED TO HIM. CAN WE DEVELOP RATIONALE ON WHY GUNS MUST BE STERILE? WILL CONTINUE MAKE EFFORT PROVIDE THEM BUT FIND OUR CREDULITY STRETCHED BY NAVY [officer] LEADING HIS TROOPS WITH STERILE GUNS? WHAT IS SPECIAL PURPOSE FOR THESE GUNS? WE WILL TRY SEND THEM WHETHER YOU CAN PROVIDE EXPLANATION OR NOT.

The full beauty of this cable traffic cannot be appreciated without a reading of an earlier message, dated October 16. (It must be borne in mind that the Chilean Congress was to meet to confirm Allende as president on the twenty-fourth of that month.)

1. [code name Trickturn] POLICY, OBJECTIVES AND ACTIONS WERE REVIEWED AT HIGH USG [United States Government] LEVEL AFTERNOON 15 OCTOBER. CON-

## WHAT WE ARE REVIEWING IS A "HIT," A PIECE OF STATE-SUPPORTED TERRORISM

CLUSIONS, WHICH ARE TO BE YOUR OPERATIONAL GUIDE, FOLLOW:

2. IT IS FIRM AND CONTINUING POLICY THAT ALLENDE BE OVERTHROWN BY A COUP. IT WOULD BE MUCH PREFERABLE TO HAVE THIS TRANSPARE PRIOR TO 24 OCTOBER BUT EFFORTS IN THIS REGARD WILL CONTINUE VIGOROUSLY BEYOND THIS DATE. WE ARE TO CONTINUE TO GENERATE MAXIMUM PRESSURE TOWARD THIS END UTILIZING EVERY APPROPRIATE RESOURCE. IT IS IMPERATIVE THAT THESE ACTIONS BE IMPLEMENTED CLANDESTINELY AND SECURELY SO THAT THE USG AND AMERICAN HAND BE WELL HIDDEN. WHILE THIS IMPOSES ON US A HIGH DEGREE OF SELECTIVITY IN MAKING MILITARY CONTACTS AND DICTATES THAT THESE CONTACTS BE MADE IN THE MOST SECURE MANNER IT DEFINITELY DOES NOT PRECLUDE CONTACTS SUCH AS REPORTED IN SANTIAGO 544 WHICH WAS A MASTERFUL PIECE OF WORK. [Italics added.]

3. AFTER THE MOST CAREFUL CONSIDERATION IT WAS DETERMINED THAT A VIAUX COUP ATTEMPT CARRIED OUT BY HIM ALONE WITH THE FORCES NOW AT HIS DISPOSAL WOULD FAIL. THUS, IT WOULD BE COUNTERPRODUCTIVE TO OUR [track two] OBJECTIVES. IT WAS DECIDED THAT [CIA] GET A MESSAGE TO VIAUX WARNING HIM AGAINST PRECIPITATE ACTION. IN ESSENCE OUR MESSAGE IS TO STATE, "WE HAVE REVIEWED YOUR PLANS, AND BASED ON YOUR INFORMATION AND OURS, WE COME TO THE CONCLUSION THAT YOUR PLANS FOR A COUP AT THIS TIME CANNOT SUCCEED. FAILING, THEY MAY REDUCE YOUR CAPABILITIES FOR THE FUTURE. PRESERVE YOUR ASSETS. WE WILL STAY IN TOUCH. THE TIME WILL COME WHEN YOU TOGETHER WITH ALL YOUR OTHER FRIENDS CAN DO SOMETHING. YOU WILL CONTINUE TO HAVE OUR SUPPORT." YOU ARE REQUESTED TO DELIVER THE MESSAGE TO VIAUX ESSENTIALLY AS NOTED ABOVE. OUR OBJECTIVES ARE AS FOLLOWS: (A) TO ADVISE HIM OF OUR OPINION AND DISCOURAGE HIM FROM ACTING ALONE; (B) CONTINUE TO ENCOURAGE HIM TO AMPLIFY

NING
[OFFICERS]
LONG
[ASKED]
FUR-
ADES.
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UNDS
THREE
BY SE-
THERE-

acy Inc.

REPORT 55

HIS PLANNING; (C) ENCOURAGE HIM TO JOIN FORCES WITH OTHER COUP PLANNERS SO THAT THEY MAY ACT IN CONCERT EITHER BEFORE OR AFTER 24 OCTOBER. (N.B. SIX GAS MASKS AND SIX CS CANNISTERS [sic] ARE BEING CARRIED TO SANTIAGO BY SPECIAL [deleted] COURIER ETD WASHINGTON 1100 HOURS 16 OCTOBER.)

4. THERE IS GREAT AND CONTINUING INTEREST IN THE ACTIVITIES OF TIRADO, CANALES, VALENZUELA ET AL. AND WE WISH THEM MAXIMUM GOOD FORTUNE.

5. THE ABOVE IS YOUR OPERATING GUIDANCE. NO OTHER POLICY GUIDANCE YOU MAY RECEIVE FROM [indecipherable: State] OR ITS MAXIMUM EXPONENT IN SANTIAGO, ON HIS RETURN, ARE TO SWAY YOU FROM YOUR COURSE.

6. PLEASE REVIEW ALL YOUR PRESENT AND POSSIBLY NEW ACTIVITIES TO INCLUDE PROPAGANDA, BLACK OPERATIONS, SURFACING OF INTELLIGENCE OR DISINFORMATION, PERSONAL CONTACTS, OR ANYTHING

YOU MAY NOT SAY, WITH A CORPSE AT YOUR FEET, "I WAS ONLY TRYING TO KIDNAP HIM"

ELSE YOUR IMAGINATION CAN CONJURE WHICH WILL PERMIT YOU TO PRESS FORWARD OUR [deleted] OBJECTIVE IN A SECURE MANNER.

Finally, it is essential to read the White House "MEMORANDUM OF CONVERSATION," dated October 15, 1970, to which the above cable directly refers and of which it is a more honest summary. Present for the "HIGH USG LEVEL" meeting were, as noted in the heading, "Dr. Kissinger, Mr. Karamessines, Gen. Haig." The first paragraph of their deliberations has been entirely blacked out, with not so much as a scribble in the margin from the redaction service. (Given what has since been admitted, this sixteen-line deletion must be well worth reading.) Picking up at paragraph two, we find:

2. Then Mr. Karamessines provided a run-down on Viaux, the Canales meeting with Tirado, the latter's new position (after Porta was relieved of command "for health reasons") and, in some detail, the general situation in Chile from the coup possibility viewpoint.

3. A certain amount of information was available to us concerning Viaux's alleged support throughout the Chilean military. We had assessed Viaux's claims carefully, basing our analysis on good intelligence from a number of sources. Our conclusion was clear: Viaux did not have more than one chance in twenty—perhaps less—to launch a successful coup.

4. The unfortunate repercussions, in Chile and internationally, of an unsuccessful coup were discussed. Dr. Kissinger ticked off his list of these negative possibilities. His items were remarkably similar to the ones Mr. Karamessines had prepared.

5. It was decided by those present that the Agency

must get a message to Viaux warning him against any precipitate action. In essence our message was to state: "We have reviewed your plans, and based on your information and ours, we come to the conclusion that your plans for a coup at this time cannot succeed. Failing, they may reduce your capabilities for the future. Preserve your assets. We will stay in touch. The time will come when you with all your other friends can do something. You will continue to have our support."

6. After the decision to de-fuse the Viaux coup plot, at least temporarily, Dr. Kissinger instructed Mr. Karamessines to preserve Agency assets in Chile, working clandestinely and securely to maintain the capability for Agency operations against Allende in the future. [Italics added.]

7. Dr. Kissinger discussed his desire that the word of our encouragement to the Chilean military in recent weeks be kept as secret as possible. Mr. Karamessines stated emphatically that we had been doing everything possible in this connection, including the use of false flag officers, car meetings and every conceivable precaution. But we and others had done a great deal of talking recently with a number of persons. For example, Ambassador Korry's wide-ranging discussions with numerous people urging a coup "cannot be put back into the bottle." [Three lines of deletion follow.] (Dr. Kissinger requested that copy of the message be sent to him on 16 October.)

8. The meeting concluded on Dr. Kissinger's note that the Agency should continue keeping the pressure on every Allende weak spot in sight—now, after the 24th of October, after 5 November, and into the future until such time as new marching orders are given. Mr. Karamessines stated that the Agency would comply.

So "track two" contained two tracks of its own. "Track two/one" was the group of ultras led by General Roberto Viaux and his sidekick, Captain Arturo Marshal. These men had tried to bring off a coup in 1969 against the Christian Democrats; they had been cashiered and were disliked even by conservatives in the officer corps. "Track two/two" was a more ostensibly "respectable" faction headed by General Camilo Valenzuela, the chief of the garrison in the capital city, whose name occurs in the cables above and whose identity is concealed by some of the deletions. Several of the CIA operatives in Chile felt that Viaux was too much of a madman to be trusted. And Ambassador Korry's repeated admonitions also had their effect. As shown in the October 15 memo cited above, Kissinger and Karamessines developed last-minute second thoughts about Viaux, who as late as October 13 had been given $20,000 in cash from the CIA station and promised a life-insurance policy of $250,000. This offer was authorized directly from the White House. With only days to go, however, before Allende was inaugurated, and with Nixon repeating that "it was absolutely essential that the

56 HARPER'S MAGAZINE / FEBRUARY 2001

election of Mr. Allende to the presidency he thwarted," the pressure on the Valenzuela group became intense. As a direct consequence, especially after the warm words of encouragement he had received, General Roberto Viaux felt himself under some obligation to deliver and to disprove those who had doubted him.

On the evening of October 19, 1970, the Valenzuela group, aided by some of Viaux's gang, and equipped with the tear-gas grenades delivered by the CIA, attempted to grab General Schneider as he left an official dinner. The attempt failed because Schneider left in a private car and not the expected official one. The failure produced an extremely significant cable from CIA headquarters in Washington to the local station, asking for urgent action because "HEADQUARTERS MUST RESPOND DURING MORNING 20 OCTOBER TO QUERIES FROM HIGH LEVELS." Payments of $50,000 each to Valenzuela and his chief associate were then authorized on condition that they make another attempt. On the evening of October 20 they did. But again there was only failure to report. On October 22 the "sterile" machine guns mentioned above were handed to Valenzuela's group for yet another try. Later that same day, General Roberto Viaux's gang finally murdered General René Schneider.

According to the later verdict of the Chilean military courts, this atrocity partook of elements of both tracks of "track two." In other words, Valenzuela was not himself on the scene, but the assassination squad, led by Viaux, contained men who had participated in the preceding two attempts. Viaux was convicted on charges of kidnapping and of conspiring to cause a coup. Valenzuela was convicted of the charge of conspiracy to cause a coup. So any subsequent attempt to distinguish the two plots from each other, except in point of degree, is an attempt to confect a distinction without a difference.

It scarcely matters whether Schneider was slain because of a kidnapping scheme that went awry (he was said by the assassins to have had the temerity to resist) or whether his assassination was the objective in the first place. The Chilean military police report, as it happens, describes a straightforward murder. Under the law of every law-bound country (including the United States), a crime committed in the pursuit of a kidnapping is thereby aggravated, not mitigated. You may not say, with a corpse at your feet, "I was only trying to kidnap him." At least, you may not say so if you hope to plead extenuating circumstances.

Yet a version of "extenuating circumstances" has become the paper-thin cover story with which Kissinger has since protected himself from the charge of being an accomplice, before and after

the fact, in kidnapping and murder. And this sorry euphemism has even found a refuge in the written record. The Senate intelligence committee, in its investigation of the matter, concluded that since the machine guns supplied to Valenzuela had not been actually employed in the killing, and since General Viaux had been officially discouraged by the CIA a few days before the murder, there was therefore "no evidence of a plan to kill Schneider or that United States officials specifically anticipated that Schneider would be shot during the abduction."

Walter Isaacson, in his biography of Kissinger, takes at face value a memo from Kissinger to Nixon after his meeting on October 15 with Karamessines, in which he reports to the president about the Viaux plot, saying that he had "turned it off." He also takes at face value the claim that Viaux's successful hit was essentially unauthorized. These excuses and apologies are as logically feeble as they are morally contemptible. Henry Kissinger bears direct responsibility for the Schneider murder, as the following points demonstrate:

1) Bruce MacMaster, one of the "False Flag" agents mentioned in the cable traffic above, a career CIA man carrying a forged Colombian passport and claiming to represent American business interests in Chile, has told of his efforts to get "hush money" to jailed members of the Viaux group, after the assassination and before they could implicate the agency.

2) Colonel Paul M. Wimert, a military attaché in Santiago and chief CIA liaison with the Valenzuela faction, has testified that after the Schneider killing he hastily retrieved the two payments of $50,000 that had been paid to Valenzuela and his partner, and also the three "sterile" machine guns. He then drove rapidly to the Chilean seaside town of Vina del Mar and hurled the guns into the ocean. His accomplice in this action, CIA station chief Henry Hecksher, had assured Washington only days before that either Viaux or Valenzuela would be able to eliminate Schneider and thereby trigger a coup.

3) Look again at the White House/Kissinger memo of October 15 and at the doggedly literal way it is retransmitted to Chile. In no sense of the term does it "turn off" Viaux. If anything, it incites him—a well-known and boastful fanatic—to redouble his efforts. "Preserve your assets. We will stay in touch. The time will come when you with all your other friends can do something. You will continue to have our support." This is not exactly the language of standing him down. The remainder of the cable speaks plainly of the intention to "DISCOURAGE HIM FROM ACTING ALONE," to "CONTINUE TO ENCOURAGE HIM TO AMPLIFY HIS PLANNING," and to "ENCOURAGE HIM TO JOIN FORCES WITH OTHER COUP PLANNERS SO

REPORT 57

and to the United States government.

The case is still under investigation.

THAT THEY MAY ACT IN CONCERT EITHER BEFORE
OR AFTER 24 OCTOBER." (Italics added.) The last
three stipulations are an entirely accurate, not to
say prescient, description of what Viaux actual-
ly did.

4) Consult again the cable received by Henry Hecksher on October 20, referring to anxious queries "from high levels" about the first of the failed attacks on Schneider. Thomas Kara-messines, when questioned by the Senate intel-ligence committee about the same phrase in a similar cable sent to another CIA agent in San-tiago, testified of his certainty that the term "high levels" referred directly to Kissinger. In all previous communications from Washington, as a glance above will show, that had indeed been the case. This on its own is enough to demolish Kissinger's claim to have "turned off" "track two" (and its in-terior tracks) on October 15.

5) Ambassador Edward Korry later made the
obvious point that Kissinger was attempting to
build a paper alibi in the event of a failure by
the Viaux group: "His interest was not in Chile
but in who was going to be blamed for what. He
wanted me to be the one who took the heat.
Henry didn't want to be associated with a failure,
and he was setting up a record to blame the State
Department. He brought me in to the President
because he wanted me to say what I had to say
about Viaux; he wanted me to be the soft man."

The concept of "deniability" was not as well
understood in Washington in 1970 as it has since
become. But it is clear that Henry Kissinger
wanted two things simultaneously: He wanted the
removal of General Schneider, by any means
and employing any proxy. (No instruction from
Washington to leave Schneider unharmed was
ever given; deadly weapons were sent by diplo-
matic pouch, and men of violence were careful-
ly selected to receive them.) And he wanted to
be out of the picture in case such an attempt
might fail, or be uncovered. These are the nor-
mal motives of anyone who solicits or suborns
murder. Kissinger, however, needed the crime
very slightly more than he needed, or was able
to design, the deniability. Without waiting for his
many hidden papers to be released or subpoenaed,
we can say with safety that he is prima facie
guilty of direct collusion in the murder of a con-
stitutional officer in a democratic and peaceful
country.

A NOTE ON PART TWO

Two well-marked and separate but consistent
styles may be noticed in Kissinger's successive,
sanguinary encounters with Indochina and Chile:
in the first instance, a megalo-style, replete with
overblown operatic effects on his part and grand,
terrifying consequences for others; in the second

instance, a micro-style, involving an obsessive, al-
most fussy manipulation of smaller forces. The two
practices are actually quite congruent, and there
is an obvious relation between the gross and com-
prehensive violence of the first case and the in-
timate and personal cruelty of the second.

In Indochina, the megalo-scale of mass murder
also required much individual fawning, the tire-
less flattering of numerous secret committees,
and the smiling betrayal of several associates. In
Chile, the micro-scale of surreptitious assassina-
tion was paradoxically conceived with a certain
grandeur, the objective being the destabilization
of an entire government and, ultimately, the
teaching of a sharp pedagogical lesson to a whole
subcontinent.

In the March issue of *Harper's Magazine*, we
shall again encounter these two contrasting but
symmetrical tropes. In Chile, the destruction of
an economy, a president, and a constitution is fol-
lowed by the knowing extension of the "death
squad" system across the Southern Americas.
Vendetta, in other words—against Schneider
and Allende—evolves into realpolitik. In
Bangladesh, it is calmly decided that the lives of
millions of Bengalis are expendable: they are the
price of a glorifying photo-op in Beijing, the re-
turning of a favor to a military dictator, and pay-
ment for an old personal resentment by Kissinger's
boss. Since the victim cannot be forgiven, this
grudge is later pursued to the threshold of assas-
sination and beyond. In Cyprus, a fancied slight
or two from an elected but inconvenient leader
is enough to set the machinery of designated
murder and wider geopolitical "destabilization"
clanking again: out of a perceived affront to pow-
er evolves a bitter war and a continuing tragedy.
In East Timor, an uncountable hill of corpses ris-
es so that a covert and illegal handshake between
Henry Kissinger and a bizarre despot may be hon-
ored. While in Washington, D.C., a lone reporter
catches and offends the world's coldest eye and
nearly loses both liberty and life as a consequence.

Finally—and as the most squalid illustration
of the obscene connection between the vastly
lethal and the merely paltry—we discover Hen-
ry Kissinger profiting explicitly as a private man
from the crimes he committed as a public one. The
stale image of the "revolving door" is inadequate
to depict the great mill and grindstone of influence,
as it generates misery and homicide in one corner
and personal gain in another. Now that both cor-
ners can be illuminated, it has become both pos-
sible and necessary to sum up the legal case against
this person, a case that unsurprisingly consists of
gross violations of broad international laws and de-
liberate, cumulative, identifiable breaches of local
and national ones.

This is, in both declensions—and in both sens-
es—an American responsibility.

58 HARPER'S MAGAZINE / FEBRUARY 2001