“Thank God for the Deep State,” declared former acting CIA chief John McLaughlin while appearing on a panel at the National Press Club last October. In 2018, the New York Times asserted that Trump’s use of the term “Deep State” and similar rhetoric “fanned fears that he is eroding public trust in institutions, undermining the idea of objective truth and sowing widespread suspicions about the government and news media.”

But barely a year later, the Deep State had gone from a figment of paranoid right-wingers’ imagination to the great hope for the salvation of American democracy. Much of the media is now conferring the same exulted status on the Deep State that was previously bestowed on Special Counsel Robert Mueller. Almost immediately after its existence was no longer denied, the Deep State became the incarnation of virtue in Washington.

The Deep State commonly refers to officials who secretly wield power permanently in Washington, often in federal agencies with vast sway and little accountability. A New York Times article in October gushed that “over the last three weeks, the deep state has emerged from the shadows in the form of real live government officials, past and present … and provided evidence that largely backs up the still-anonymous whistle-blower” on Donald Trump’s phone call to the president of Ukraine. New York Times columnist James Stewart declared, “There is a Deep State, there is a bureaucracy in our country who has pledged to respect the Constitution, respect the rule of law…. They work for the American people.” New York Times editorial writer Michelle Cottle proclaimed, “The deep state is alive and well” and hailed it as “a collection of patriotic public servants.” They were echoing earlier declarations by Washington Post columnist Eugene Roberts and former top Justice Department official Preet Bharar: “God bless the ‘Deep State.’”

Former CIA Director John Brennan, appearing on the same panel as McLaughlin in October, declared, “The reason why Mr. Trump has this very contentious relationship with CIA and FBI and the deep state people is because they tell the truth.” Much of the media coverage of the Trump impeachment is following that dubious storyline.

“We lied, we cheated, we stole.”

Five years ago, John Brennan’s CIA ignited what should have been a constitutional crisis when it was caught illegally spying on the Senate Intelligence Committee, which was compiling a massive report on the CIA torture program. After 9/11, the CIA constructed an interrogation regime by “consulting Egyptian and Saudi intelligence officials and copying Soviet interrogation methods,” the New York Times reported in 2007. Secret Bush administration torture memos “set the C.I.A. loose to slam suspects’ heads into walls up to 30 times in a row, to deprive suspects of sleep for more than a week straight, to confine them to small dark boxes for hours at a time … and to suffocate them with water to induce the perception that they are drowning,” Georgetown University law professor David Cole noted. But the only official who went to prison was John Kirakou, a former CIA analyst who publicly admitted that the CIA was waterboarding.

Is the Deep State more trustworthy when it is killing than when it is torturing? Brennan declared in 2016 that “the president requires near-certainty of no collateral damage” before approving a drone strike. Confidential CIA documents revealed that the CIA had little or no idea whom it was killing most of the time with its drone attacks in Pakistan, Somalia, Afghanistan, Yemen, and other nations. Salon.com summarized an NBC News report: “Even while admitting that the identities of many killed by drones were not known, the CIA documents asserted that all those dead were enemy combatants. The logic is twisted: If we kill you, then you were an enemy combatant.” Lying about drone killings quickly became institutionalized throughout the Deep State. The New York Times reported in 2015, “Every independent investigation of the [drone] strikes has found far more civilian casualties than administration officials admit.”

The Deep State is practically designed to destroy privacy while enabling government officials to deny sweeping abuses. Former National Security Agency analyst Edward Snowden declared in 2014, “There’s definitely a deep state. Trust me, I’ve been there.” The NSA’s credibility was obliterated in 2013 when Snowden revealed the NSA can tap almost any cell phone in the world, access anyone’s email and web-browsing history, and crack the vast majority of computer encryption. But the NSA’s definition of “terrorist suspect” was ludicrously broad, including “someone searching the web for suspicious stuff.” Snowden also revealed that each day phone companies turned over tens of millions of phone records of average Americans to the feds. A few months before Snowden’s revelations, National Intelligence director James Clapper lied to Congress when he denied that the NSA collects “any type of data at all on millions, or hundreds of millions of Americans.” The fact that Clapper was not charged with perjury did nothing to burnish the credibility of the Justice Department.

Impeachment proceedings have been spurred in large part by disputes over Donald Trump’s phone call to the president of Ukraine. The House Intelligence Committee heard testimony from Lt. Col. Alexander Vindman, the Ukrainian-born officer who listened in to the call while serving on the National Security Council. Vindman was “deeply troubled by what he interpreted as an attempt by the president to subvert U.S. foreign policy,” the Washington Post reported. Which provision of the Constitution gives junior military officers sway over foreign policy? Because Vindman objected to Trump’s efforts to decrease tension with Russia, the Washington establishment quickly hailed him and thus encouraged other military officers and government officials to pull strings to subvert policies of which the media disapprove.

It is naive to expect the Deep State to provide an antidote to the sordidness of American politics. The Friends of the Deep State talk of certain federal agencies as if they exist far above the sordid details of political life — or even of human nature. Former CIA boss McLaughlin declared, “This is the institution within the U.S. government that … is institutionally committed to objectivity and to telling the truth. It’s whole job is to speak the truth — it is engraved in marble in the lobby.” But historically, atrium engravings have proven a weak surety for bureaucratic candor. In reality, the CIA and other Deep State agencies are notorious for suppressing convicting truths about themselves. Secretary of State Mike Pompeo recently described the CIA’s modus operandi when he was director: “We lied, we cheated, we stole. It’s like we had entire training courses.”

Power and truth

Promises that the chiefs of the CIA and other intelligence agencies will “speak truth to power” have become a Washington ritual in the years since the 9/11 attacks. No matter how brazenly political appointees lie, members of Congress assure the media and constituents that the next nominee will be as honest as George Washington. The “speak truth to power” bromide was recited after Trump nominated Gina Haspel as CIA chief. At her confirmation hearings, the public heard plenty about Haspel’s meeting with Mother Teresa but almost nothing about her key role in the CIA torture scandal — including the illegal destruction of recordings of torture sessions.

Another reason to distrust the Deep State is that its arch practitioners are honored regardless of their iniquities. Former CIA bosses McLaughlin and Brennan were speaking on a panel sponsored by the Michael V. Hayden Center for Intelligence, Policy, and International Security, named after the former chief of the National Security Agency and the CIA. As Trevor Timm noted in the Columbia Journalism Review in 2017, “Hayden has a long history of making misleading and outright false statements, and by the estimation of many lawyers, likely committed countless felonies during the Bush administration.” Hayden set up the illegal, unconstitutional wiretapping program after 9/11 that the New York Times exposed in late 2005. When the Senate Intelligence Committee released its report on CIA torture in 2014, it included a 36-page appendix filled with Hayden’s “testimony to Congress, next to the actual facts showing statement after statement he made was inaccurate, misleading, false, or outright lies,” Timm noted.  At least George Mason University did not call it the Torquemada Institute, after the Grand Inquisitor of the Spanish Inquisition. Naming that Center after Hayden simply reflects the prevailing Deep State aggrandizement in the Greater Washington Metropolitan area.

The Deep State has an appalling record of abusing the whistleblowers who are now being acclaimed. A draft Intelligence Community Inspector General report last year found that intelligence agencies refused to recognize retaliation against whistleblowers in 99 percent of cases. A 2017 report by Foreign Policy magazine concluded that “the intelligence community’s central watchdog is in danger of crumbling thanks to mismanagement, bureaucratic battles, clashes among big personalities, and sidelining of whistleblower outreach and training efforts.” After CIA Inspector General John Helgerson compiled a condemnatory report on the CIA’s post–9/11 interrogation program, CIA chief Michael Hayden launched a major investigation of Helgerson in 2007, provoking outrage on Capitol Hill. (The CIA managed to delay the release of Helgerson’s report for five years, thereby keeping both Congress and the American people in the dark regarding shocking abuses.)

The Trump–Deep State clash is a showdown between a presidency that is far too powerful versus federal agencies that have become fiefdoms that enjoy immunity for almost any and all abuses. Most of the partisans of the Deep State are not championing “government under the law.” Instead, this is a dispute over who will be permitted to break the law and dictate the policies to America and the world. Former CIA and NSA boss Hayden proudly proclaimed, “Espionage is not just compatible with American democracy, espionage is essential to American democracy.” And how can we know if the Deep State’s espionage is actually pro-democracy or subversive of democracy? If they told you, they would have to kill you. The Founding Fathers never intended for covert agencies to trumpet a right to correct voters’ verdicts.

Neither the White House nor the CIA, NSA, nor other Deep State agencies should enjoy immunity from the law or deserve blind trust from average Americans or the establishment media. A wayward president (especially a first-term president) can eventually be checked at the ballot box. But who or what can check the Deep State?

This article was originally published in the February 2020 edition of Future of Freedom.