NOT A GOOD WEEK FOR JUSTICE

Robert Bork’s failed domination set a crucial precedent that a nominee whose jurisprudence endangers fundamental freedoms can and should be rejected by the Senate regardless of his personal competence. Unfortunately, Senate Democrats set a new one on Monday by stopping short of a filibuster on Sam Alito, a man who literally wrote the brief on how to kill Roe v. Wade, who has shown unwavering support for the power of the federal government to have its way with marginalized individuals, and who rejects that government’s responsibility and power to act in the service of the disenfranchised. Monday set a dangerous new precedent that when push comes to shove, the Senate will advise and consent only on whether the nominee is a sex offender or an incompetent. It’s a precedent Republicans can be depended on to take advantage of, to the real detriment of everyone who looks to an independent judiciary to safeguard their rights.

The Democrats’ ostensibly rebellious clapping after Bush said that Congress hadn’t enacted his plan to erode Social Security only emphasized the dark irony of the day: politicians who express their opposition through unauthorized clapping but not through the parliamentary avenues available to stop the confirmation of men who will leave us less free.

Want to put some real progressives into Congress? Here’s a good place to start.

ABRA-MATHON

On today’s YDN opinion page, Eli Luberoff writes a letter responding to the statement in my Tuesday column that

While Abramoff made strategic donations to members of both parties, it was Republicans with whom he collaborated to break the law and the trust of the American people.

Eli agrees with the second part of the sentence, but he disputes the first part – that Abramoff made “strategic donations to members of both parties.” In retrospect, my wording was needlessly imprecise. Literally, Abramoff did make “strategic donations to member of both parties,” in that he made in-kind donations to Democrats as well as Republicans. More important, though, are the donations Abramoff directed through his clients to Democrats as well as Republicans, which were more substantial. Better wording here would have more clearly encompassed those contributions, which while heavily skewed towards Republicans, didn’t go exclusively to them. But as my column made clear, I agree with Eli that this is a Republican scandal through and through.

My Tuesday piece also comes up in Roger Low’s column today. Roger notes that Democrats do corrupt things sometimes too, which I think we can all acknowledge without losing sight of the underlying ideological edge of the Abramoff scandal: this is a story about concentrated economic power trumping popular majorities in setting policy and distributing resources. Roger rightfully calls the Democrats on their failure to champion a more aggressive reform agenda, and then veers off into an encomium to John McCain, who – besides being a staunch conservative except for his opposition to torture, global warming, and soft money (talk about defining deviancy down) – hasn’t championed any of those reforms either.

ABRAMOFF PLEADS GUILTY

Jack Abramoff pleaded guilty today to charges of conspiracy, fraud, and tax evasion under a plea bargain which limits him to ten years in prison. TPM and TPMCafe are Abramoff central today – check out the insight and speculation over there. As Josh observes:

This seems more like the beginning of a long process. They go after Ney first and continue their investigation, with Abramoff’s fate hanging in the balance, depending on how cooperative he chooses to be in providing information on coconspirators and sundry bad acts.

Abramoff is a bad, bad man (more on this from me here, here, and here) who did bad things not – as talking heads will tell you tomorrow – out of simple personal greed but as a devoted cog in a fundamentally corrupt corporate-GOP alliance which continues to wreak havoc on the country. So taking away his toys and using his testimony to go after his proven accomplices is a step – but only a step – in restoring honor and integrity to government.

Max Sawicky offered a sobering reminder that even if we’re facing a “Watergate moment,” Watergate itself, and the Democrats’ response, failed to stem the rising conservative tide in this country:

Watergate ushered in a generation of Democratic politicians with little in the way of ideological commitment other than honesty. Not long after Watergate we got the Reagan revolution. Honesty is not enough.

In response, Josh argued that

the country was in the midst of a broad shift toward the right. The scandals surrounding Watergate upended the political dynamic in the country but not the ideological one…the other side’s scandals can reshuffle the political cards temporarily. But it probably won’t be for that long if the scandals aren’t intrinsically connected to the bases of the afflicted party’s power or if their fall-out doesn’t catalyze a some deeper political and ideological reconfiguration in the country. Nixon’s dirty-tricksterism wasn’t at the heart of the rise of the American right in the late 20th century. So it continued on without him.

Thing is, whether you buy Max’s argument that the attention to Watergate ultimately hastened the rise of Reaganism or Josh’s that it merely failed to do more than slow it, I think the key point going forward is that it’s not just the facts on the ground that determine whether the scandals now inundating the White House are understood as “intrinsically connected to the bases of the afflicted party’s power.” Conservatives, with many in the media in tow, aren’t just trying to obscure the partisan nature of the current scandal crop – they’re trying to obscure the ideological nature of it. That’s because they recognize that this is about more than just the 2006 elections, important as they are – it’s about public understandings of what kind of people are fit to lead the country. So it’s on progressives to expose not just the partisan narrative behind these scandals but the ideological one as well:

Republicans take bribes from men like Jack Abramoff because they are the party of big business, and they represent wealthy elites pushing policies that hurt working families.

Republicans lie about what their intelligence says and how they get it because they need to justify immoral wars that make us less safe and obscure their attacks on our privacy that leave us less free.

Needless to say, these talking points will not win any points from Al From, Chris Matthews, or Joe Klein. But if it’s elections you care about, each of these men only gets one vote. And if it’s ideological realignment you care about, they may get even less.

THE WEEK IN FEARING FEAR ITSELF

Big week on the not-trampling-over-all-of-our-values-and-freedoms-in-the-same-of-security front. I’m skeptical of how much difference the McCain ammendment committing us not to torture will make on the ground, but it’s a good sign that even after sending Dick Cheney out of his undisclosed location and onto Capitol Hill, Bush wasn’t able to keep Congressional Republicans on the reservation (the anti-anti-torture reservation, that is). The ultimate result, in which Bush met McCain much further than halfway from his original “waterboarding is freedom” position, shows him to be a weakened President and puts this nation back on record against willfully inflicting abusive pain on prisoners. The urgency of the issue, and the limitations of legal language like McCain’s in addressing it, are reinforced in Human Rights Watch’s announcement today on pervasive torture in secret US-operated foreign prisons:

Eight detainees now held at Guantánamo described to their attorneys how they were held at a facility near Kabul at various times between 2002 and 2004. The detainees, who called the facility the “dark prison” or “prison of darkness,” said they were chained to walls, deprived of food and drinking water, and kept in total darkness with loud rap, heavy metal music, or other sounds blared for weeks at a time. The detainees offer consistent accounts about the facility, saying that U.S. and Afghan guards were not in uniform and that U.S. interrogators did not wear military attire, which suggests that the prison may have been operated by personnel from the Central Intelligence Agency…Some detainees said they were shackled in a manner that made it impossible to lie down or sleep, with restraints that caused their hands and wrists to swell up or bruise. The detainees said they were deprived of food for days at a time, and given only filthy water to drink. The detainees also said that they were held incommunicado and never visited by representatives of the International Committee of the Red Cross or other independent officials.

This “dark prison” report follows Friday’s New York Times revelation that President Bush has been authorizing the NSA to spy on Americans without even going through the secret courts designed for the purpose, which should shake any confidence one might have that better laws will fully set this administration straight. Bush apparently believes that he is authorized to personally designate Americans as surveillance targets based on the congressional resolution authorizing him to go to war in Afghanistan.

That Congress showed much less deference on Friday, when Bill Frist could only muster 52 votes for cloture on the Conference Committee’s version of the PATRIOT Act reauthorization, which took out all the civil liberties protections that Russ Feingold and others managed to get into the version passed unanimously by the Senate. In a striking victory for sensible privacy protections over fear-mongering, Feingold, Leahy, and company have kept the Senate from approving the Conference Committee Draft. It’s also a huge victory for Feingold personally, who has gone from being the only Senator to vote against the PATRIOT Act to leading a charge to continue debate on the bill which saw more Republicans cross over to oppose cloture than Democrats crossing over to support it. Looks like the Democratic leadership, rather than marginalizing him, is now trying to pull him into the party establishment, handing him a seat on the Intelligence Commission.

Hillary Clinton, meanwhile, made the news for her own sorry contribution to the discourse on patriotism and freedom: a proposal to ban flag-burning. Hers is ostensibly a compromise position in that it’s a bill rather than a constitutional amendment, and it only applies on public property or when someone is intimidated. But legitimating speech restrictions based on how uncomfortable the speech makes other people feel makes a mockery of free speech. She should know better.

NOT DOING US ANY FAVORS

Howard Dean was doing a decent job on Hardball reminding Chris Matthews that it was the White House, and not the Democratic Party, that first declared Samuel Alito’s record as a prosecutor to be relevant to the merits of his nomination. But then Matthews brought up Alito’s far-right position on spousal notification and instead of hitting out of the park the question of whether a woman should need a permission slip from her husband to decide what happens to her body, Dean got dragged into a losing fight over whether it was accurate to describe the Democrats as a “pro-choice party.” Dean shied away from the characterization, even though it describes a plurality of Americans, on the grounds that calling the party pro-choice suggests that people with the party’s position are not “pro-life.”

That would be the problem with the term “pro-life,” not the term “pro-choice.”

Dean fumbled back and forth between describing his position as one supporting a woman’s right to choose and one supporting a family’s right to choose, and insisted that the Democratic party’s position was not an “abortion rights” one. If the idea was to communicate that the party was open to abortion opponents, it’s not clear what Dean accomplished towards that end. But for those looking to the Democratic party in hopes of figuring out what it stands for, it clear what the costs are of bristling and hedging over whether you should be called “pro-choice.”

PET ISSUES

A characteristic comment from Kos:

we won’t have a governing majority until the energy expended in pursuing pet interests gets redirected toward getting Republicans out of power and getting Democrats — even some of the imperfect ones — elected to replace them…take a look at the new progressive organizations arising the past few years — MoveOn, the blogs, Democracy for America, National Political Hip Hop Conference, etc — all of them movement-based multi-issue organizations. That is the future of the American progressive movement. Not the single-issue groups that continue to hold their narrow interests above those of the broader movement.

What’s frustrating about comments like this is the uncritical conflation of the “broader movement” and the Democratic party. What’s a “pet issue”? Well, it’s an issue taken up by people you think could spend their time better doing something else. Since Kos’ goal – certainly an urgent and worthy one – is to replace Republican elected officials with Democratic ones, he tends to snipe at progressives who focus on pretty much anything else – be it reducing poverty or expanding civil liberties – as a higher priority. And his hammering on the all-too true point that the Right in this country has demonstrated much stronger long-term strategy than the Left over the past few decades only makes it that much more disappointing each time he makes the short-sighted argument that progressive groups which too strongly criticize or withhold support from Democrats who don’t share their values are selfish for not subordinating their cause to the goal of winning the next election. That’s not how conservatives accomplished their takeover of many of the powerful institutions in this country.

What really gets me about this particular post, though, is the way it conflates Kos’ “every left-wing group in the country should work to elect anyone to Congress who will vote for Pelosi for Speaker” critique with a critique I agree with: the left hasn’t done a sufficient job of building lasting multi-issue coalitions, and progressive activists have too often failed to see and articulate the connectedness between their causes. For Kos, the latter critique must be the former, because the only legitimate form for multi-issue cooperation to take is the Democratic party or organizations or websites mainly devoted to electing Democrats. But that’s not the view of many of the most articulate exponents of the latter critique, including the “Death of Environmentalism” essay which he rightly highlights as a crucial document (here too, I agree). In fact, the very excerpt he quotes in his post is:

Our thesis is this: the environmental community’s narrow definition of its self-interest leads to a kind of policy literalism that undermines its power. When you look at the long string of global warming defeats under Presidents Bill Clinton and George W. Bush, it is hard not to conclude that the environmental movement’s approach to problems and policies hasn’t worked particularly well. And yet there is nothing about the behavior of environmental groups, and nothing in our interviews with environmental leaders, that indicates that we as a community are ready to think differently about our work.

“What’s that,” you say, “it’s possible to have a long string of defeats under a Democratic President? (For a sobering account of just how poor a job NRDC and the Sierra Club did at cashing in on their work electing Bill Clinton, check out Randy Shaw’s Activist Handbook). So much for the idea that all progressive groups have to do to advance their causes is get Democrats elected.

NEAR-VICTORY HAS A THOUSAND FATHERS

Democrats got the closest thing to a surprise electoral victory we’ve had in a while on Tuesday when Paul Hackett pulled over 48% in the most Republican district in Ohio. Understandably, spin machines on all sides have been in overdrive in the week since to claim vindication in the results. Case in point: Ed Kilgore’s claim that Hackett made it to 48% because the unreconstructed liberals in the “netroots” were willing to face facts, eschew their litmus tests, and let Hackett run with the kind of centrism the DLC has been shopping around the country:

The best sign, IMO, is that all this excitement was generated on behalf of a candidate nicely tailored to a “red” district, whose policy views probably were at odds with those of a lot of the folks generating the excitement and the cash. And I gather the national groups and bloggers involved in Hackett’s campaign let the candidate and his staff call all the important shots.

Reading Kilgore’s take, you’d think Hackett was a regular Zell Miller – or at least a conservative Democrat, emphasis on the conservative, like Ken Salazar. It makes good copy if your organization is devoted to pulling the party away from the left: in a sudden fit of reasonableness, the liberal fringe recognizes reality and gets behind the centrist candidate who can win. Trouble is, Paul Hackett is no Ken Salazar. Don’t take it from me – check out his website. He bucks the party on guns, but otherwise, he’s in or to the left of the mainstream of the House Democrats. Not only is he resolutely opposed to Bush’s social security privatization scheme, he takes the step most Americans support but too many Democrats are afraid to talk about: calling for an increase in the cap on the payroll tax (hear that suggested by the DLC recently? Didn’t think so). He condemns outsourcing, and rather than echoing GOP rhetoric about “big government,” he exposes it for the sham argument that it is. And on perhaps the signal issue of the campaign – the war in Iraq – he stands well to the left not only of the DLC of a significant chunk of the Democratic party in the House. If not for his being a veteran, one would expect the DLC to respond to his rhetoric opposing the decision to go to war with the usual hand-wringing about the party’s flagging credibility on national security.

Of course, if Paul Hackett hadn’t been a veteran, it would have been a very different race. But if all Kilgore means is that liberals conceded to pragmatists by getting behind a veteran, then the obvious question is whhere he got the idea that liberals in their hearts of hearts would rather have men and women in Congress who’ve never served in war. Maybe by reading all those DLC memos about how the Democratic party has no credibility on national security.

Bottom line is, if Paul Hackett had tanked, we’d be hearing from the conservative wing of the party about how his unreconstructed liberalism failed to resonate with mainstream voters. Making Hackett out to be an extreme left-winger would certainly be less of a leap for them than it was to make one out of John Kerry or Al Gore.

PROGRESSIVE POPULISM

Having suggested what I think are some of the very different concepts in play in the dominant discussion of populism, and argued that one that’s ubiquitous in those discussions – prejudice – is out of place, it’s only fair that I take a stab at setting forth what the concept of populism is that’s in play when I call myself a populist and urge the Democrats to take on the mantle and meaning of populism. I won’t bother to argue that the conception of populism I’ll put forth here is somehow more real or historically accurate than the others floating around. What I feel strongest about when it comes to how use the word itself is simply, as I said yesterday, that the conflation of populism and prejudice by economic elites is deeply disingenuous, reflects a deeply entrenched class bias, and underpins a long-term campaign to mark the majority unfit to govern and its criticism of corporate power rank demagoguery.

That said, here are a few of the contentions which I think underpin a progressive populism:

The contention that a healthy economy is one in which the benefits of growth and prosperity should be shared and spread across society.

The contention that a just economy is one in which working people exercise a meaningful voice in the conditions and rewards of their work and in economic policy within and between nations.

The contention that basic human freedoms and opportunities are universal rights, across lines of race, sex, class, and nation, and not provisional privileges.

The contention that the ability of individuals to connect the conditions and challenges of their own lives to those of others, and to their political ideals, has the potential to propel progress.

The contention that policy and democracy both suffer when certain sets of experience are driven out of public discourse.

The contention that for a politician to seek out and fight for more votes is not the moral equivalent of seeking out and fighting for more dollars.

The contention that a willful compact to preserve individual rights by entrusting certain decisions to more insulated institutions is different from and preferable to the unauthorized handover of decisions to enfranchised elites and experts.

The contention that the political victories which last are the ones with popular mandates.

THE WEEK IN COMPASSIONATE CONSERVATISM

Well, the Republican Majority has finally left DC for another one of those extended vacations that most of them like to impugn when French workers take them. They didn’t go home nearly soon enough though.

Wednesday night – by two votes – the House passed CAFTA, voting to accelerate the corporate-driven race to the bottom in working standards. As Mark Weisbrot reminds us:

CAFTA will increase some barriers to trade while lowering others. One of the barriers it increases is on patented pharmaceutical drugs. This is the most costly form of protectionism in the world today. The benefits from free trade in these goods are much appreciated by the millions of Americans who cross the Canadian or Mexican border to get their prescription drugs. But CAFTA will make it more difficult for countries like Guatemala to get access to affordable medicines…Over the last 30 years the typical (median) wage in the United States has hardly grown — only about 9 percent. Productivity — output per employee — has grown by 82 percent over the same period…Over the next decade, the dollar will fall further and our trade deficit will shrink. Measured in non-dollar currencies, the value of U.S. imports is expected to decline over the next decade. This means that CAFTA countries are making costly concessions for a prize that most likely won’t be there.

House Democrats did a much better job of bucking the “Washington Consensus” than their counterparts in the Senate, a quarter of whom backed the bill. That only fifteen House Democrats voted with Thomas Friedman on a “free trade” bill is a hopeful sign of how much that consensus has fractured in the past decade. Those fifteen votes, sadly, seem to have made all the difference Wednesday. David Sirota provides a helpful list of the eleven Democrats in Congress who voted not just for CAFTA but for the Bankruptcy and “Class Action Fairness” bills as well, and some much-needed skepticism about claims that they acted out of electoral necessity.

As if CAFTA wasn’t bad enough, yesterday the Senate passed up a bill protecting detainees’ human rights and passed a bill curtailing victims’ rights to a day in court against the gun industry. And an Energy Bill which, as John Podesta observes,

gives away our tax dollars to energy companies already making record profits. The challenges we face in moving to more secure and sustainable energy use are large. We need a bold energy policy for the United States. Sadly, even the modest commitment to increase the use of renewable sources for electricity or language acknowledging the danger of climate change did not survive in the final bill. We must continue to challenge the Bush administration and Congress to get serious about decreasing the oil consumption of the United States and combating global warming. The energy bill the Senate will vote on today ignores those challenges.

And the Senate voted to extend the PATRIOT Act, though in a slightly more constitution-friendly version than that passed by the House. As Lisa Graves of the ACLU said yesterday:

Although the ACLU was unable to endorse the final bill, it contains some provisions mindful of the Bill of Rights, and does not include such broad and unnecessary powers like administrative subpoenas.

Small victories.

FROM YOUR MOUTH TO GOP EARS

Just watched Tucker Carlson on his new show complaining about the disparity between full-throated defenses of Roe from Democrats and opaque evasions from Republicans. He claimed to be at a loss as to why, with a nomination battle brewing, the Senators on his side are so hesitant to explicitly defend their desire to see Roe go. Hard to blame Tucker for wanting GOP Senators to talk more about how they really feel about the right to choose. There’s an obvious answer for Republicans’ behavior on this though: They know that most people disagree with them.

Amid all the judicial tyranny chatter, it’s easy to forget that between half and two thirds of Americans consistently tell pollsters that they want Roe upheld (the number is higher among moderates). A good number of them, unfortunately, are comfortable with restrictions on the right to choose which make it difficult for poor women or young women to exercise. (William Saletan documents this dynamic in Bearing Right, and makes a persuasive argument that the anti-government, family-centered rhetoric the pro-choice movement has used effectively to build support for Roe has backfired when it comes to laws which narrow whom it meaningfully applies to). That’s why the way Bush called for Roe to be overturned during the debates was with a coded reference to pretty universally unpopular Dred Scott.

GOP: OSHA IS BIG BROTHER

That’s a direct quote repeated several times by Mike Pence (R-IN) and other GOP congressmen in today’s House debate: “OSHA is Big Brother.” Of course they were generally circumspect about including within a paragraph of these denunciations emotional insistences that their intent was only to strengthen OSHA, and expressions of dismay and offense that Democrats would suggest otherwise.

The GOP message, then, is this: OSHA is Big Brother. We must strengthen OSHA. Any guess which part reflects how they really feel about it?

No attempt to argue that the reforms they were pushing would somehow make OSHA less like Big Brother either (after all, this is just a “narrow,” “small, inocuous” set of bills, right?). Just insistences that they were committed to preserving OSHA, and that to understand it we should think of it as a totalitarian overlord which supresses individual freedom (at least it’s not the “Gestapo,” like the EPA).

I’m not going to go so far as to say that the GOP’s messaging here is Orwellian. Thought it’s a better candidate for the label more than, say, government action to prevent manslaughter on the job.

A KICK IN THE TEETH

Rep. Rush Holt (D-NJ): “There are hundreds of thousands of Americans who have their arms, who have their eyesight, who have their lives, because OSHA has teeth.”

Right now in the House, the Republicans are pushing four bills to further weaken OSHA by making it easier for employers to put off responding to complaints, making it easier for the President to stack the commission, and limiting OSHA’s ability to aggressively interpret its laws. All this, of course, in the name of protecting small business. “Mom and Pop” companies, we’re asked to believe are wrongly aggrieved by the requirement that they notify OSHA within fifteen days should they wish to contest responsibility for conditions which cause serious injury or death for their employees. And we’re asked to believe, further, that the current law is unfair to all those small business owners who are injured simultaneously with their workers. Employers, of course, already have the opportunity to seek extensions in extraordinary circumstances; what Republicans want is to shift the responsibility to OSHA to prove why the deadline, which saves lives by facilitating rapid redress of unsafe conditions, should ever apply.

Rep. Major Owens (D-NY): “There is a class problem developing in America…What we’ve found in this war in Iraq, is that people on the top aren’t providing the kind of protection needed for people on the frontlines from working families.”

Truth is, there’s been a class problem developing in America, sadly, for a long time. It’s one we should be hearing about more often on the floor of the Congress and outside of it. And we’d be well served by more media attention to dangerous legislation like the bills under debate right now. But for all their claims to be looking out for regular Americans, you’ll notice that the Republicans aren’t hoping to see their handiwork on this issue in the news:

Rep. John Boehner (R-OH): “Let me remind my colleagues what this small, inocuous bill does…”

If a line like that doesn’t set off alarms, you haven’t been paying attention.