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.

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.

LOOK WHO’S UNREPRESENTATIVE NOW

The great thing about legislative civil rights victories like the civil unions bill passed last spring here in Connecticut and the even more historic equal marriage rights legislation passed yesterday by California’s legislature is that it deprives the opponents of civil equality under the law of their judicial tyranny arguments and leaves them stuck opposing equal rights for all couples on the merits. One of the most squeamish about having to take sides on the substantive issue here is Governor Schwarzenegger, who in the LA Times today is grasping desperately for any “unrepresentative elites” argument he can get his hands on. Schwarzenegger’s gambit to have his centrist image and eat it too? Pinning the “unrepresentative elite” argument on the legislature. I expect we’ll see more of this in the future: Republicans rising to disparage the republican system of government in favor of direct democracy through ballot initiatives on the grounds the marriage issue strikes so deep that legislatures, like courts, can’t be trusted with it. That means deliciously ironic statements like this one from Schwarzenegger’s spokeswoman:

The people spoke when they passed Proposition 22. The issue subsequently went to the courts. The governor believes the courts are the correct venue for this decision to be made. He will uphold whatever decision the court renders.

JAMES DOBSON: NOT A STAND-UP GUY

I know, I know: tell you something you don’t know. That said, though, check out a little research I did over at TPMCafe about his relationship to another one of your favorite Religious Right figures.

TAKE THAT

I just voted against Jim Gerlach in a push poll and believe me (ethical qualms about push-polling aside), it felt almost as good as voting against him for real did the last time. Actually, the friendly recording told me that I could press 2 if I wanted “to not re-elect Jim Gerlach.” From my telephone keypad to God’s ears…

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.

BUSH BACKTRACKS

Scott McClellan, October 6, 2003: “The topic came up, and I said that if anyone in this administration was responsible for the leaking of classified information, they would no longer work in this administration.”

George W. Bush a few minutes ago, on whether that policy still stands: “If someone committed a crime, that person will not be in my administration.”

And here we thought it was liberals who went around “moving goalposts” and “defining deviancy down,” and George Bush who would bring us a “responsibility era.” Based on Ken Mehlman’s praise of Fitzgerald in his performances in front of the press yesterday (“Hey look! ‘Vindicate’ rhymes with ‘implicate’ – but it means the opposite!”), the Republicans seem to be betting that Fitzgerald won’t be able to prove Rove and company guilty, and that the spin-masters will be able to convince us that that means no one did anything wrong.

Just remember: Bush was for responsibility before he was against it.

LIES AND THE LYING LIARS WHO RUN THE COUNTRY

The Associated Press finally states the obvious: the White House hasn’t told the American people the truth:

The vice president’s chief of staff, Lewis Libby, was a source along with the president’s chief political adviser for a Time story that identified a CIA officer, the magazine reporter said Sunday, further countering White House claims that neither aide was involved in the leak…Until last week, the White House had insisted for nearly two years that Libby and Rove had no connection to the leak…The White House refused last week to repeat its denials about Rove’s involvement.

And as Matt Cooper’s account of his testimony demonstrates, Rove’s apologists are still lying on his behalf:

I recall saying something like, “I’m writing about Wilson,” before he interjected. “Don’t get too far out on Wilson,” he told me…I did not learn her name until the following week, when I either saw it in Robert Novak’s column or Googled her, I can’t recall which. Rove did, however, clearly indicate that she worked at the “agency”–by that, I told the grand jury, I inferred that he obviously meant the CIA and not, say, the Environmental Protection Agency. Rove added that she worked on “WMD” (the abbreviation for weapons of mass destruction) issues and that she was responsible for sending Wilson. This was the first time I had heard anything about Wilson’s wife…I have a distinct memory of Rove ending the call by saying, “I’ve already said too much.”…Rove may have testified that we had talked about welfare reform, and indeed earlier in the week, I may have left a message with his office asking if I could talk to him about welfare reform. But I can’t find any record of talking about it with him on July 11, and I don’t recall doing so.

So much for claims that Joe Wilson came up in passing in an interview on welfare reform, or that Rove didn’t leak anything new about his wife.

AN ECHO, NOT A CHOICE

Faced with the the real possibility of a rejection of the Central American Free Trade Agreement (CAFTA) in the House, which would mark a significant defeat for George Bush and for the already-cracking “Washington Consensus” on free trade, the Democratic Leadership Council has stepped up to bat in CAFTA’s defense. As David Sirota writes:

As if the DLC is just an arm of the Bush White House, the organization timed this release perfectly to coincide with Bush’s final push for the legislation, as if they are just an arm of the Bush White House. Despite the DLC’s pathetic, transparent rhetoric about wanting to “bring a spirit of radical pragmatism” to the debate, what the DLC is showing is that it is an organization devoted to urging Democrats to sell their souls to the highest bidder. That may sell well with the DLC’s corporate funders in Washington, D.C., but out here in the heartland, that kind of gutless behavior only hurts the Democratic Party over the long run.

Sirota drew some fire from DLC folks after the election for a piece he wrote arguing that the version of “centrism” they promote is well to the right of the average American and thus not only morally but also electorally bankrupt. I’m even less interested now than I was then in trying to evaluate the claims and counter-claims which flew in the wake of the article about which politicians, or talking points have or haven’t gotten gotten the DLC’s approval at what times. As I said at the time, if the DLC wants on board with Elliot Spitzer’s prosecutions of CEOs or Howard Dean’s condemnations of GOP corruption, the more the merrier. We need all hands on deck, and the work is too important to let historical differences avert cooperation where there’s consensus.

About those historical differences though: There’s a constellation of consultants who see class-conscious economic populism as roughly equivalent to racism, see “big government” as a menace to be tamed by technocrats irregardless of the will of the governed, and see the salvation of the Democratic party in policies which fulfill CEOs’ wishlists in the name of liberating their employees. And they have exerted massive, and unfortunate, influence over the direction of the Democratic party over the two decades since their founding, particularly the eight years of the Clinton Presidency. At least for those years, the major proponents of that “business-friendly,” “free-trading” ideological position with the Democratic party, as they themselves would tell you, were the Democratic Leadership Council as an organization and its affiliated thinkers. As Thomas Frank in What’s the Matter With Kansas?, Thomas Geoghegan in Which Side Are You On?, and even self-described “radical centrist” Michael Lind in Up From Conservatism (on DLC: “an echo, not a choice”) demonstrate, the consequences included ceding the support of all too many working class voters and the control of the US Congress.

I’d be the first to acknowledge that there’s a tendency amongst some of us on the left to throw around the term “DLC” liberally (so to speak) in reference to an ideological position we disagree with rather than to the organization itself, at times even in describing policies the DLC, as an existent think tank and not a symbolic construction, may not fully support (they were indeed in favor of weakening class action lawsuits, but I’m still waiting to know what they make of Bush’s bankruptcy bill). I’d like nothing more than to be convinced never to use the acronym that way again – it’s not hard to come up with other epithets for Democrats who vote for Corporate America’s interests over everyone else’s. But there’s a reason that so many of us associate the DLC, judiciously or not, with corporate courtship and not with, say, crusades against corruption. It’s epitomized, sadly, by the choice to come out swinging for a trade agreement even “dogmatic free trader” Matt Yglesias recognizes as “an effort to impose low labor standards and a misguided intellectual property regime on Central American nations.”

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.