Brad DeLong Takes a Stand

Brad DeLong, econ professor at Berkley (and respected blogger) has written a letter to the school's administration requesting that it terminate the employment of law professor John Yoo. I thank him for it, and hope others will join him. I've found it quite disturbing for several years now that Yoo has been treated as a respectable and important member of the legal academia. The man should count himself lucky that he is not in prison for war crimes and have the good sense to otherwise remain out of sight. DeLong's letter is well worth reading. The actions Yoo took for the Bush administration were blatantly unethical, and a lot of people suffered and died behind the bogus legal cover he provided the administration. He is an embarrassment to the school and the profession. And that's to say nothing of Jay Bybee sitting on the 9th Circuit.

Understanding Al Qaeda

One of the key battlegrounds in developing a strategy against Al Qaeda and its affiliates is the matter of defining who Al Qaeda is and what Al Qaeda seeks to achieve. From the early days after 9/11 the Bush administration sought to cast Al Qaeda as part of a epic struggle between cultures. And in order to build a properly ominous threat to justify military adventures and belligerent policies and cultural attitudes the administration's allies have sought to play up Al Qaeda's aspirations of conquest and the creation of a new Caliphate.

The reality, however, is that Al Qaeda has no such aspirations, and the only way Al Qaeda can be a player in an epic clash of civilizations is when we make them one through our own actions and rhetoric. This was one of the key points made by Larry Wright (author of the seminal work on Al Qaeda, The Looming Tower) when he spoke at the Miller Center last year. According to Wright, Al Qaeda has virtually no policy platform or objectives. What drives young men to Al Qaeda is not a desire to accomplish any particular end, but a deeply seated sense of cultural humiliation by the West. This is the same factor that creates rioting and violence in response to perceived Western insults against Islam like the Mohammed comic, or the Koran in the toilet story. Al Qaeda holds out no promises of accomplishment or conquest, it promises recruits one thing: the opportunity to die as martyrs fighting the West.

A review on Slate last week of Raymond Ibrahim's Al Qaeda Reader confirms Wright's account. The reviewer, Reza Aslan writes:

While these writings provide readers with page after page of, for example, arcane legal debates over the moral permissibility of suicide bombing, they do not really get to the heart of what it is that al-Qaida wants, if it wants anything at all. Al-Qaida's nominal aspirations—the creation of a worldwide caliphate, the destruction of Israel, the banishing of foreigners from Islamic lands—are hardly mentioned in the book. It seems the president of the United States talks more about al-Qaida's goals than al-Qaida itself does. Rarely, if ever, do Bin Laden and Zawahiri discuss any specific social or political policy.

What al-Qaida does lay out, however, are grievances—many, many grievances. There is the usual litany of complaints about the suffering of Palestinians, the tyranny of Arab regimes, and the American occupation of Iraq. But again, legitimate as these complaints may be, there is in these writings an almost total lack of interest in providing any specific solution or policy to address them. Indeed, al-Qaida's many grievances against the West are so heterogeneous, so mind-bogglingly unfocused, that they must be recognized less as grievances per se, than as popular causes to rally around. There are protests about the United Nations' rejection of Zimbabwe's elections, the Bush administration's unwillingness to sign up to the International Criminal Court, and America's role in global warming. (To quote Bin Laden: "You have destroyed nature with your industrial waste and gases, more than any other country. Despite this, you refuse to sign the Kyoto agreement so that you can secure the profit of your greedy companies and industries.") Zawahiri's many complaints include the mistreatment of prisoners at Guantanamo and Abu Ghraib, which he calls "a historical embarrassment to America and its values," as well as the United Kingdom's anti-terrorism laws, which "contradict the most basic principles of fair trial." There is even a screed against America's campaign-finance laws, which, according to Bin Laden, currently favor "the rich and wealthy, who hold sway in their political parties, and fund their election campaigns with their gifts."

Most Americans would agree with many of these complaints. And that's precisely the point. These are not real grievances for al-Qaida (it does not bear mentioning that Bin Laden is probably not very concerned with campaign finance reform). They are a means of weaving local and global resentments into a single anti-American narrative, the overarching aim of which is to form a collective identity across borders and nationalities, and to convince the world that it is locked in a cosmic contest between the forces of Truth and Falsehood, Belief and Unbelief, Good and Evil, Us and Them.

In this regard, al-Qaida has been spectacularly successful, thanks in no small part to the assistance of the divisive "Clash of Civilizations" mentality of our own politicians. In fact, far from debunking al-Qaida's twisted vision of a world divided in two, the Bush administration has legitimized it through its own morally reductive "us vs. them" rhetoric.

Ultimately Aslan came to the same conclusion Wright did:

Because, if we are truly locked in an ideological war, as the president keeps reminding us, then our greatest weapons are our words. And thus far, instead of fighting this war on our terms, we have been fighting it on al-Qaida's.

Keep this in mind next time some talking head tries to sell you on Al Qaeda's quest for a new Caliphate. Far from thwarting Al Qaeda, these pundits, through their rhetoric, are giving Al Qaeda exactly what it wants.

Liberalism, the State, and Free Markets

I promised last week to eventually to get to the discussion of Rorty and Rawls. For various reasons, I've decided I'd rather not. But if anyone wants to read the discussion on their own, it goes something like this: Yglesias, Linker, Yglesias, Linker, Sullivan, Douthat.

Also, before getting to my main topic, and because it tangentially relates to that topic, I'd like to throw this in. Christopher Hayes has a column on the merits of bureaucracy and the fine people who inhabit our federal bureaucracy. If you look into the details of the DoJ scandal, it's hard to be as dismissive as Hayes about the lasting impact of the Bush administration on the bureaucracy, but he makes good points nonetheless. An excerpt:

It's slander with a long pedigree--Cicero called the bureaucrat "the most despicable" of men, "petty, dull, almost witless...a holder of little authority in which he delights, as a boy delights in possessing a vicious dog"--but in the last forty years, conservatives have converted this casual contempt into an ideological fixture. Since as far back as the Goldwater campaign, the American right has generally found that "the government" is too abstract an entity for most people to actively loathe. It's far more effective to demonize the people who execute its daily functions. Bureaucrats are to conservatives what the bourgeoisie was to Marx: an oppressive class of joyless knaves. Milton Friedman quipped that "hell hath no fury like a bureaucrat scorned"; Ronald Reagan said in 1966 that "the best minds are not in government" because if any were, "business would hire them away"; and George Wallace expressed his desire to "take those bearded bureaucrats" in Washington who were in the process of desegregating the South, "and throw them in the Potomac."

But a funny thing has happened over the past six years. At a time when the press failed to check a reactionary Administration, when the opposition party all too often chose timidity, it was the lowly and anonymous bureaucrats, clad in rumpled suits, ID badges dangling from their necks, who, in their own quiet, behind-the-scenes way, took to the ramparts to defend the integrity of the American system of government.

...

But the moral of the Comey story specifically, and of the failures of the Bush Administration more broadly, is the sublime value of bureaucracy. Not only is governance of any kind impossible without it; so too are the checks and balances of a constitutional republic. Red tape is what binds those in power to the mast of the law, what stands in the way of government by whim. That's why an Administration hostile to any checks and balances has sought to reconstitute the federal civil service as just another lever in its machine.

So, anyway, on to the main course. Harvard economist Dani Rodrik has a blog post excerpting from a lengthy article by Stephen Holmes in the American Prospect (from a few years back) on the views of classic liberals on the role of government. The basic gist of the excerpts is that the liberal ideals of individual rights and free markets are tied inextricably to the existence of a strong state to protect them. It very much reminds me of my previous discussion with Henry on libertarian paternalism and Rawls where I wrote:

This, in fact, has always been my biggest objection to libertarian theory. I simply cannot see how a libertarian state could ever remain so for any appreciable length of time. The initial structure of the government will not bind it in libertarian form, even if you had a constitution without amendment procedures. It was not a constitutional amendment that allowed the development of the administrative state in the US, but judicial interpretation. And it wasn't just uppity judges responsible for that (although I'm not sure it would be significant to my argument even if it were), but intense political pressure placed on them by political branches motivated by quite serious concerns about social stability and unrest (and rising socialist sentiment). Whether it's a Great Depression and populist outrage or rent-seeking businesses and other economically powerful interests, a state will always be subject to pressures (of varying intensities) to do non-libertarian things. The state will always have the power to do those things; it is inherent in being a state. That power cannot be ignored, and there is no structural way to make it go away. It just sits there begging to be used.

I have a strong suspicion that some of the policies necessary to keep those pressures at bay (to the greatest degree possible) are themselves non-libertarian (e.g. some level of redistributive tax policy and regulation of finances and political speech, etc.). In the end, I tend to believe that our rights (which may or may not be limited only to life, liberty, and property) are likely best protected by a state that overtly recognizes the threat of instability and subversion of state power and is structured to best address that threat, even if that structure is not a strictly libertarian one. The state may need to be more powerful and far reaching than a night watchman state in order to be a stable, free-standing system. What good is the night watchman if it ends up being overthrown by communists or turning into a plutocracy?

Tying in to the Hayes column: a robust state can be less prone to abuse and authoritarianism than a more easily captured minimal state.

One of the fundamental premises of Rawls's political liberalism is that the point of a liberal state is to create a platform for social cooperation that is the prerequisite for everyone to share in the benefits of, among other things, free markets. Libertarians suppose that you can rip away the institutions that result from this political compromise while still gaining the benefits they are meant to provide. This seems to miss something fundamental about human nature and social interaction.

Political compromise is necessary to create stable institutions, and stable institutions are necessary to enforce the rules of the market (e.g. to protect property rights, enforce contracts, settle disputes, and police fraud). Institutions that are not broadly considered legitimate will, as Rawls argues, be subject to instability, as each faction that even briefly manages to achieve power will attempt to tear down illegitimate institutions and replace them with institutions of their own preference.

So it becomes important to try to determine how people assess legitimacy. Rawls suggests fairness as a crucial benchmark. That seems to have a lot of merit. We've had Boys Weekend discussions on the topic before, noting psychological studies to the effect that people are willing to sacrifice their own benefit in order to enforce a system of fairness, even when there will be no opportunity for direct reciprocity. (I thought it interesting to see recently that humans are not alone in this behavior.) This suggests that even if a libertarian institution is quantitatively superior to some non-libertarian institution it might still be regarded as less legitimate if it produces outcomes that are perceived to be unfair.

Returning then to Dani Rodrik. Rodrik's main specialty is economic globalization. He argues that globalization promoters have been shooting themselves in the foot by ignoring populist complaints about trade unfairness, countering these arguments only with statements of the quantifiable benefits of more trade. Economists too often ignore procedural fairness in favor of simple economic gain. Regular people tend towards the opposite. Rodrik argues that domestic political perceptions of the globalization process are the key to further progress on trade. In other words, to create the social platform for cooperation necessary for global markets to expand we will require a more robust social safety net to remedy distributional unfairness and create perceived legitimacy for the whole endeavor. Otherwise the social compromise on which economic globalism is built collapses into a morass of protectionism. The market can only go as far as the state can carry it.

UPDATE (6/25): Rodrik posted again today with further evidence for his thesis on globalization. He cites a recent academic paper studying a survey of people from 18 countries that found an inverse relationship between the size of the state (measured by percentage of GDP) and preferences for protectionism. Rodrik quotes from the paper:

Our results provide microeconomic evidence consistent with the long-standing argument that the state and the market are in fact complementary. Openness and globalization can introduce uncertainty into peoples’ lives, and this additional risk can lead some people to oppose trade. Government expenditure can help to reduce this risk, and thus shore up support for open markets. It would seem that the ‘grand bargain’ that was embedded liberalism is politically effective.

The Symbiotic Relationship Between Wannabe Terrorists and the Bush Administration

Security guru Bruce Schneier has an exceedingly well-sourced blog post (also a Wired article) on how the Bush administration has trumped up various post-9/11 terrorist plots in service of security programs that had nothing to do with the apprehension of the plotters. He argues, in effect, that the aspiring terrorists and the administration have a shared interest in terrifying Americans. In reality these terrorist threats were not so terribly terrifying, and all were thwarted through old-fashioned police work, the sort that the Bush administration has worked tirelessly to convince us is no longer adequate in the post-9/11 era. Schneier's no nonsense approach to security, as evidenced in this post, illustrates just how vulnerable Republicans should be on security in 2008, if the Democrats have the good sense to call them on it. Anyone who wants to formulate a sensible, reality-based security policy should spend some time on his site. It's full of gems like this one.

Another Bad Day for AG Gonzales (Or "The RNC Ate My Homework")

I had been wondering what had happened to the congressional investigation into the RNC email accounts that had begun in the midst of the US. Attorney purge. Yesterday, the House Committee on Oversight and Government Reform released this interim report (pdf). Some of the highlights:

• The Committee concluded that considerably more White House officials had received RNC email accounts than the White House had previously disclosed. White House spokesperson Dana Perino initially reported that there were only a "handful" of these accounts, and later clarified that there may have been as many as 50. The Oversight Committee found that there were at least 88.
• Karl Rove made extensive use of his RNC account, sending or receiving 140,216 emails. He and others used these accounts for official purposes, in violation of White House policy--and, more importantly, in violation of the Presidential Records Act, which requires the President to "take all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of his constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are maintained as Presidential records." 44 U.S.C. § 2203(a).
• Susan Ralston, former special assistant to the President, was deposed on May 10, 2007. She testified (pdf) that the White House Counsel's Office (at that time run by none other than Alberto Gonzales) received RNC emails as part of its investigations into the Energy Task Force in 2001 and the leak of Valerie Plame's identity. According to the Oversight Committee, "if her testimony is accurate, former White House Counsel Gonzales may have been aware in 2001 that Mr. Rove was using RNC e-mail accounts for official communications. Yet is was not until six years later that the White House" instructed the RNC to preserve the emails in accordance with the Presidential Records Act.

Could this be the end for the Attorney General, or another miraculous display of his survival skills? Stay tuned ...

Public Relations as Diplomacy

Here's another data point to add to my alternate reality post from the weekend. Price Floyd, a long-time State Department employee has written a column in the Fort Worth Star-Telegram about why he recently resigned from his position as the State Department's director of media affairs. He argues that his job was made impossible by the insistence of the Bush administration that they could do whatever they wanted in international affairs as long as they got the PR right. The State Department's job was no longer to conduct diplomacy, but rather to sell the message. Reality didn't matter, symbolism was the only focus. The only result, Floyd says, was that people now view America's messages as meaningless propaganda. Slate's Fred Kaplan comments here. It reminds me, once again, how completely on the money the Defense Science Board's terrorism report was back in 2004 (blogged on BWJ here) when they wrote:

Policies, diplomacy, military operations, and strategic communication should not be managed separately. Good strategic communication cannot build support for policies viewed unfavorably by large populations. Nor can the most carefully crafted messages, themes, and words persuade when the messenger lacks credibility and underlying message authority.
...

Information saturation means attention, not information, becomes a scarce resource. Power flows to credible messengers. Asymmetrical credibility matters. What's around information is critical. Reputations count. Brands are important. Editors, filters, and cue givers are influential. Fifty years ago political struggles were about the ability to control and transmit scarce information. Today, political struggles are about the creation and destruction of credibility.

Too bad no one listened to them...

Why The Atlantic Kicks Ass

The Senate Select Committee on Intelligence made big news this week by publicizing prewar analysis from US intelligence agencies predicting the difficulties that we would have in Iraq. These reports were buried by the administration in their push for war. For many this was just one more stunning revelation of the recklessness and dishonesty of the Bush administration. For readers of The Atlantic Monthly, however, it was old news. James Fallows reported on this in January of 2004, and I blogged it here in July of that year. Nice to see that the Senate is catching up. I shouldn't be snarky; this is a good thing. Now that Democrats control the agenda in the Senate they can finally drag some of these things out into the light of day, and they should. But in any case, I think kudos are in order to Fallows and The Atlantic.

Update: Apparently Andrew Sullivan is not an Atlantic reader. He was shocked and outraged by this new report. Excerpt:

Just to anger up the blood some more, it's now clear, thanks to the latest Congressional report, that this president was warned starkly about the dangers of "a surge of political Islam and increased funding for terrorist groups" as a result of an invasion of Iraq. He was told that Iraq was "largely bereft of the social underpinnings" for democracy. He was explicitly informed that there was "a significant chance that domestic groups would engage in violent conflict with each other unless an occupying force prevented them from doing so." And yet he still sent a pathetically insufficient occupation force in 2003 - and refused to increase it for three years of growing chaos and mayhem. Even if you excuse the original recklessness, the persistence in it - until our current point of no return - is and was criminal negligence - a callous disregard for your security and mine.

The gravity of the mistake this country made in 2004 by re-electing al Qaeda's best bet is only now sinking in as deep as it should. I fear, however, that we have yet to experience the full and terrifying consequences of that historic mistake.

We All Want Out of Iraq...

...but we can't shirk our responsibilities.

I'm going to stick with Matthew Yglesias (who I've been reading quite a bit of since The Atlantic picked him up as one of their regular bloggers), although many people have expressed similar sentiments about the Iraq funding bill, particularly at the major liberal blog sites. Yglesias was disappointed that Democrats didn't fight on the funding bill to the bitter end. I dissent. I was hugely critical of the Democratic votes in favor of the original Iraq war authorization bill, and my bitterness on that front has not receded a bit these past five years. But I think that Democrats in Congress did what needed to be done with this funding bill. They fought a good fight in the public eye, passing a bill with benchmarks and defending it in the media although it was doomed to be vetoed from the start. They forced Republican congressmen to stand up and publicly support the president's policy in Iraq (a stand many of them will regret next year). They pushed the president to negotiate with them, and were rebuffed. He was not going to negotiate. And if we have learned anything about George Bush, we should know that he would not have backed down, regardless of what the Democrats did. They simply didn't have the votes to overcome a veto, and everyone knew it. That left them with but two options: capitulate or defund the Iraq war.

I want out of Iraq as much as anyone, but I would not have us abandon our responsibilities there. A precipitous and complete withdrawal is just not an option. Extricating ourselves from this mess will be a delicate operation. I believe we need to get our troops out soon, because as far as I can tell all they are accomplishing is to maintain a miserable status quo. Our presence is inhibiting any progress by the Iraqis and preventing the situation from evolving. But I have no confidence with respect to what happens when we leave. Things could move in any direction from there. Some of what might happen (and here I have visions of Rwanda) would be utterly intolerable. If we see things proceeding in that direction I feel that we will be obligated to bring the troops back in to put a lid on things and try again. Even if it costs us, even if we don't have a clear path to success. We have a responsibility, an obligation to the Iraqi people that I hope we do not forsake. We will need to be careful with our withdrawal and keep sufficient force in the region to react to events as needed. We will need to maneuver deftly to retain enough influence in Iraq to nudge things in the right direction without appearing to interfere. Defunding the Iraq war will not accomplish that. What we need is open heart surgery, and the only tool the Democratic Congress had was a sledgehammer.

This means, of course, that we will have to continue to live with Bush's management of the war for the time being. So be it. Elections have consequences, and the American people voted for the war in the 2002 midterm election and ratified that decision when they reelected George Bush in 2004. Last year's midterm doesn't erase all that. Now we're stuck with the president we have. Maybe over the next year enough Republican congressmen will defect to allow Congress to force a responsible withdrawal on Bush. If so, great. If not, then we just have to live with him until we can get a president who can deal with this conflict like an adult. The hardline "bring the troops home now" positions I see on so many liberal blogs these days are no more responsible than the policies Bush is pursuing in Iraq today. It's no cause for celebration, but Democrats in Congress did what needed to be done, and I respect them for it.

The Alternate Reality of the Right

In considering the "fighting them there so they won't come here" argument, Matthew Yglesias points out the obvious conflict between symbolism (retreating from Iraq makes us look weak) and reality (staying in Iraq causes us to actually be weak). He seems perplexed by the Right's tendency to "view national security policy as something that takes place entirely at the level of symbolism". This is, I think, not so difficult to understand. American conservatives live in an alternate reality, unable to distinguish between symbolism and reality. To them, symbolism is reality. If you listened to enough conservative radio and watched enough Fox News you'd live in that alternate reality too. Never was this more clearly illustrated than in Ron Suskind's famous discussion with an undisclosed White House official (Andrew Card, perhaps?) about how the Bush administration was in a constant process of creating its own reality. This was never a matter of the Bush administration being able to fundamentally alter the state of the world directly through their pronouncements and news releases, but rather an expression of the belief that if they can control news cycles and assert a concept of reality strenuously enough, everyone else would have little choice but to accept it as real, and the world would adjust itself to the White House's vision. It was Wag the Dog transformed from satire into official state policy. They could reshape reality through symbolism by convincing people that what they thought was true actually wasn't.

Obviously this doesn't work. There are too many competing sources of news and reality does eventually trickle in to displace this fictional presentation. The reality-based community inevitably gets the last laugh, as Suskind pointed out. This is why the administration and their supporters were always so furious about the media reporting on bloodshed in Iraq and missing the "good stories"; the media was deconstructing the administration's carefully constructed alternate reality.

But it's not hard to see why conservatives got suckered into this belief, and why they still can't seem to let go of it. Most conservative news sources are mere propaganda outlets. Witness the old Pew study finding that the more people watched Fox News the more likely they were to believe that we had found WMD's in Iraq or that Saddam was behind 9/11. Or this more recent Pew study that shows that while liberals see Republican presidential candidates in exactly the same way conservatives themselves view them, conservatives, by contrast, see all of the Democratic candidates as raving left-wing lunatics. American conservatives have replaced their own reality with symbolism, so why wouldn't it be natural for them to think the same is true for everyone else? Their own echo-chamber media has relegated them to a world that only exists in their own minds.

Government Without Conscience

Recall my post on the head of the GSA holding a meeting for a Rove deputy to present Republican election strategies to GSA appointees, asking for their help in the upcoming elections? Well it wasn't just the GSA. 20 of these briefings were conducted with 15 federal agencies, including the EPA, Health and Human Services, Interior, Labor, HUD, Treasury, Education, Agriculture and Energy, NASA, the Small Business Administration, the Office of Science and Technology Policy, the Office of National Drug Control Policy and USAID. The GSA administrator, Lurita Doan, faced Henry Waxman's House Oversight Committee yesterday. The Committee has testimony from a half dozen witnesses that Doan asked Rove aid Scott Jennings, at their meeing in late January of this year, how GSA projects could be used to help "our candidates". As for Doan's appearance, it's clear she attended the Al Gonzales seminar on congressional hearings. She claimed to have no recollection of the Jennings presentation. Shown one of his powerpoint slides titled "2008 House Targets: Top 20", Doan claimed to have no idea what it meant. Upon the suggestion that it referred to representatives targetted in the 2008 election by the White House, Doan responded that such an interpretation was speculation. It must be fun the shamelessly lie on the stand.

What's sad is, were it not for the Democratic wins in the midterm elections, the administration might have gotten away with this stuff. I just hope we spend the next two years seeing this adminstration ripped apart and dismantled, brick by brick by brick. Hopefully it will be painful enough and leave enough of a lasting memory to deter other presidents from going down this road for a very long time.

One Scandal To Rule Them All

Josh Marshall has an interesting post tying together Prosecutorgate and the Abramoff investigation into a single mega-super-scandal. It makes sense...

Bush Concerned Over Heavy-handed Treatment of Protestors

...in Moscow. Is Bush concerned about heavy-handed treament of protestors in Washington, D.C.? Not so much...

Gonzales: Nothing To See Here...

AG Alberto Gonzales in today's Washington Post:

I know that I did not -- and would not -- ask for the resignation of any U.S. attorney for an improper reason. Furthermore, I have no basis to believe that anyone involved in this process sought the removal of a U.S. attorney for an improper reason.
[...]
All of these documents and public testimony indicate that the Justice Department did not seek the removal of any U.S. attorney to interfere with or improperly influence any case or investigation. Indeed, I am extremely proud of the department's strong record of vigorous prosecutions, particularly in the area of public corruption, where Republicans and Democrats alike have been held accountable for their crimes.

Recently retired career DOJ attorney Daniel Metcalfe, in a recent Legal Times interview:

Actually, I began earlier, in the first Nixon administration, as a college intern in 1971. But I was there again in the Watergate era, when I worked in part of the Attorney General's Office during my first year of law school in 1973-1974, and then continuously as a trial attorney and office director for nearly 30 years. That adds up to more than a dozen attorneys general, including Ed Meese as well as John Mitchell, and I used to think that they had politicized the department more than anyone could or should. But nothing compares to the past two years under Alberto Gonzales.

To be sure, he continued a trend of career/noncareer separation that began under John Ashcroft, yet even Ashcroft brought in political aides who in large measure were experienced in government functioning. Ashcroft's Justice Department appointees, with few exceptions, were not the type of people who caused you to wonder what they were doing there. They might not have been firm believers in the importance of government, but generally speaking, there was a very respectable level of competence (in some instances even exceptionally so) and a relatively strong dedication to quality government, as far as I could see.

Under Gonzales, though, almost immediately from the time of his arrival in February 2005, this changed quite noticeably. First, there was extraordinary turnover in the political ranks, including the majority of even Justice's highest-level appointees. It was reminiscent of the turnover from the second Reagan administration to the first Bush administration in 1989, only more so. Second, the atmosphere was palpably different, in ways both large and small. One need not have had to be terribly sophisticated to notice that when Deputy Attorney General Jim Comey left the department in August 2005 his departure was quite abrupt, and that his large farewell party was attended by neither Gonzales nor (as best as could be seen) anyone else on the AG's personal staff.

Third, and most significantly for present purposes, there was an almost immediate influx of young political aides beginning in the first half of 2005 (e.g., counsels to the AG, associate deputy attorneys general, deputy associate attorneys general, and deputy assistant attorneys general) whose inexperience in the processes of government was surpassed only by their evident disdain for it.
[...]
You have to remember that this is a Cabinet department that, for good reason, prides itself on the high-quality administration of justice, regardless of who is in the White House. Ever since the Watergate era, when Edward Levi came in as attorney general to replace former Sen. William Saxby soon after Nixon resigned, the Justice Department maintained a healthy distance between it and what could be called the raw political concerns that are properly within the White House's domain. Even Reagan's first attorney general, William French Smith, did not depart greatly from the standard that Levi set; as for Meese, I knew him to be more heavily involved in defending himself from multiple ethics investigations than in bringing the department too close to the White House, even though he came from there.

More recently, of course, the DOJ-White House distance hit its all-time high-water mark under Janet Reno, especially during Clinton's second term. And even John Ashcroft made it clear to all department employees that, among other things, he held that traditional distance in proper reverence; he proved that this was no mere lip service when, from his hospital bed, he refused to overrule Deputy AG Comey on what is now called the "terrorist surveillance program." Especially in the wake of 9/11, which strongly spurred the morale and dedication of Justice Department employees, myself included, I saw only a limited morale diminution in general during the first term.

But that strong tradition of independence over the previous 30 years was shattered in 2005 with the arrival of the White House counsel as a second-term AG. All sworn assurances to the contrary notwithstanding, it was as if the White House and Justice Department now were artificially tied at the hip -- through their public affairs, legislative affairs and legal policy offices, for example, as well as where you ordinarily would expect such a connection (i.e., Justice's Office of Legal Counsel). I attended many meetings in which this total lack of distance became quite clear, as if the current crop of political appointees in those offices weren't even aware of the important administration-of-justice principles that they were trampling.

This matters greatly to Justice Department employees of my generation. They are now the senior career cadre there, with the high-grade institutional knowledge that carries the department from one administration to the next, and when they see a new attorney general come from the White House Counsel's Office with a wave of young "Bushies" in tow and find their worst expectations quickly met, they just as quickly lose respect for nearly all of the department's political leadership, not to mention that leadership's "policy concerns." That respect is a vital thing, as fragile as it is essential, and now it's gone.

It's a great interview, the best discussion I've seen so far on this matter. And Metcalfe lays far more of it than I'd have imagined directly on Gonzales's head.

Talking Point Punctured

Did Bill Clinton do something shady or unusual when he asked all of the US attorneys to tender resignations after he took office? Hardly. Ronald Reagan replaced 89 out of 93 US attorneys in his first two years after taking over from Carter. George H.W. Bush even replaced 88 of Reagan's US attorneys in his first two years. And George W. Bush, of course, replaced all of Clinton's US attorneys. The article doesn't say what the practice was prior to Reagan, but quotes one Carter appointee noting that turnover "is the tradition of the office. U.S. attorneys serve at the pleasure of the president, and when a new administration comes in, everybody knows you will have a new U.S. attorney."

I Think We Took the Red Pill...

...and now we're going to see just how deep the rabbit hole goes. This DOJ thing is spiraling off in a dozen directions at once:

- US attorney in Wisconsin pushed into a voter fraud case that the appeals court referred to as "beyond thin" by the Rove Machine?

- Monica Goodling, the underqualified "party loyalist" DOJ attorney who resigned last week after pleading the 5th, appears to have been a key player in the US attorney hiring and firing process.

- Another DOJ party loyalist, former assistant to Deputy AG Paul McNulty (who admitted to having given false testimony to Congress), and Goodling co-conspirator, Rachel Paulose, was appointed as US attorney in Minnesota, where she recently drove several of the office's top staffers to resign.

- The DOJ's latest excuse for firing David Iglesias (he was an 'absentee landlord') could land them in further legal trouble: Iglesias was away serving in the Navy Reserve, and his position was protected by the Uniformed Services Employment and Reemployment Rights Act.

- This has all gotten to be a bit much for Gonzales who apparently can't keep his own bullshit straight, to the point that his staff is pulling him out of planned TV appearances. Can't wait for the Senate date...

It has gotten to be a bit much for Slate too, as they has moved their Gonzo-resignation-meter up to 86% likely. Keep digging folks...

I'm at the Wrong School

Here I had thought that the key to getting ahead was to go to a respectable top tier law school, had I but known that the pipeline to hot jobs ran through Regent University School of Law, I might have chosen differently. Who knew Pat Robertson was a legal genius? It's a school that leaves its students well prepared for the challenges of the federal hiring process, like this one:

In a recent Regent law school newsletter, a 2004 graduate described being interviewed for a job as a trial attorney at the Justice Department's Civil Rights Division in October 2003. Asked to name the Supreme Court decision from the past 20 years with which he most disagreed, he cited Lawrence v. Texas, the ruling striking down a law against sodomy because it violated gay people's civil rights.

"When one of the interviewers agreed and said that decision in Lawrence was 'maddening,' I knew I correctly answered the question," wrote the Regent graduate . The administration hired him for the Civil Rights Division's housing section -- the only employment offer he received after graduation, he said.

More here.

Corrupt to the Core

In order to fully appreciate the depths of the prosecutor scandal, I think it's necessary to place it into the general context of how this administration views the federal government. In that respect the new scandal involving the GSA provides considerable insight. The General Services Administration is the agency tasked with providing material support to the federal bureaucracy. They provide buildings, transportation, equipment and supplies of all sorts to the various federal agencies. It is a massive organization with a $60 billion annual budget. In January top administrator of the GSA, Lurita Doan, hosted a meeting for GSA appointees at which one of Karl Rove's deputies, J. Scott Jennings, made a powerpoint presentation on the Republican strategy in the 2008 congressional elections, identifying the hot races and the party's prospects for success. Doan then asked Jennings, "How can we use GSA to help our candidates in the next election?"

This appears, as the article notes, to be a blatant violation of the Hatch Act, but it's not so much the legalities that interest me in this issue. I can't help but view this administration's approach as embodying the long-standing hostility of certain parts of the Republican party (not least of which being the libertarian wing of it) towards government. While he certainly didn't invent this meme, Ronald Reagan probably popularized it more effectively than anyone else. Government, we came to understand, is the problem, not the solution. I'm certainly open to arguments that the government often does things poorly or takes on tasks that are not well suited to it, but when you go from specific criticisms to a generalized anti-government dogma, I can't help but think you eventually, inevitably, end up with the Bush administration.

If you spend all of your time out of government vilifying government, how can we expect you to have any respect for the institutional integrity of the government once you're in charge? If it's all bullshit anyway, why not appoint a horse and pony show administrator to head a critical government agency? Why not use the resources of government agencies to attack your political opponents? Why not use them to sell favors to fatten your campaign coffers?

Government, whether we like it or not, prefer it big or small, is a necessity. We'll never do away with it altogether. And for all our checks and balances there can be only so much democratic and institutional oversight. Plenty of constitutional governments have failed in the past (and we're witnessing one failing in real time in Iraq), not because their constitutional structure was faulty, but because that is only one part of the equation. Another part is a culture of respect for the traditions and integrity of the institutions of government. Much of what happens in our government comes down to the degree to which federal employees feel the weight of public trust on their shoulders, and the responsibility instilled by the tradition of the offices they hold. The Republican tactic of promoting a deep suspicion and overpowering cynicism about everything related to the government destroys that culture and is now destroying the institutional integrity of our government. It's a self-fulfilling prophecy. They have ended up with the government they always thought we had (but in reality didn't).

I think this is a large part of why Barack Obama excites me and Hillary Clinton terrifies me. It's going to take someone like Obama to rebuild public trust in the integrity of the federal government. We're going to need a visionary and a statesman, and someone of substantial personal integrity. Clinton, perhaps more than any other candidate running on either side of the aisle, will serve only to deepen cynicism about government. She is just the sort of plasticky, blow-dried, political-consultant-run marionette that inspires distrust of the entire political system. The Bush administration has dealt our constitutional system a serious blow. To have it followed by another administration that only deepens the growing chasm of mistrust between the American people and their government could, I think, be disastrous.

At This Point, I Should Just Admit...

...I'm a fan of Francis Fukuyama. He defends himself against association with Bush administration neoconservatism in this Guardian column. I think his comments are right on the money. To wit:

The End of History was never linked to a specifically American model of social or political organisation. Following Alexandre Kojève, the Russian-French philosopher who inspired my original argument, I believe that the European Union more accurately reflects what the world will look like at the end of history than the contemporary United States. The EU's attempt to transcend sovereignty and traditional power politics by establishing a transnational rule of law is much more in line with a "post-historical" world than the Americans' continuing belief in God, national sovereignty, and their military.

Finally, I never linked the global emergence of democracy to American agency, and particularly not to the exercise of American military power. Democratic transitions need to be driven by societies that want democracy, and since the latter requires institutions, it is usually a fairly long and drawn out process.

Outside powers like the US can often help in this process by the example they set as politically and economically successful societies. They can also provide funding, advice, technical assistance, and yes, occasionally military force to help the process along. But coercive regime change was never the key to democratic transition.

Obama's Track Record

Thanks to Andrew Sullivan for digging up this slightly dated (October of last year) account of how Barack Obama kept himself busy during his two years in the Senate. Keep it in mind while you're being battered by the talking point about Obama having not done anything. The basic summary:

...I do follow legislation, at least on some issues, and I have been surprised by how often Senator Obama turns up, sponsoring or co-sponsoring really good legislation on some topic that isn't wildly sexy, but does matter. His bills tend to have the following features: they are good and thoughtful bills that try to solve real problems; they are in general not terribly flashy; and they tend to focus on achieving solutions acceptable to all concerned, not by compromising on principle, but by genuinely trying to craft a solution that everyone can get behind.

Also, a follow-up on prosecutorgate, Lincoln Caplan has an informative column on Slate on the proper role for politics in the justice system. He handily rebuts the oft-repeated canard about Clinton replacing the US attorneys when he took over by noting that in the past 25 years the number of US attorneys forced out mid-term for reasons other than misconduct is somewhere between two and five.

Mistakes Were (Not) Made

I've been holding off posting on prosecutorgate so far mostly because I've been waiting with bated breath for it to explode. This is the big one. After a nearly endless series of blunders, scams, and scandals in the Bush administration, some big, some small, this is the one that I think will go down in the history books as the defining Bush administration scandal. And I've been too intently observing it unfold to say anything. I've finally been moved, however, to respond to the line of defense being offered by Gonzalez and the White House. That line: mistakes have been made. Namely, the DOJ was not fully honest about why the prosecutors were fired. End of story. They hope, by acknowledging and focusing on this particular aspect of the problem, to obscure what lies behind it. On the Newshour last night, the Republican operative (I don't recall who it was) was quite exercised about how awful it was that the DOJ misled the Senate on this count. He was also adamant that nothing else had been done wrong and that there was nothing actually improper about the firings themselves. Bush and Gonzalez have made similar remarks.

Not so fast. The bullshit about firing these prosecutors for performance issues is the least of the problem. Even the firings themselves are not the whole of the problem. This scandal is about the politicization of enforcement of justice in the US. So far Scott Horton at Balkinization has said it best:

What is at stake here? The issue is enormous. It is whether the criminal justice system will be turned into a partisan political tool. Bush's Administration is already widely called a "hackocracy" because of his tendency to fill slots with unqualified and incompetent partisan hacks. But the crisis at DOJ goes far beyond that. Even civil service positions - which have been protected from this sort of partisan corruption since the Hatch Act of 1939 - are being politicized. The Boston Globe, for instance, has closely documented the process of weeding out qualified career attorneys from the Civil Rights Division at DOJ and their replacement with political retainers - and the same process has continued throughout the Department. But at the heart of the DOJ scandal lies political intrusion into the exercise of prosecutorial discretion - one of the areas which a democratic society most needs to shield from partisan intrusion. There is now clear evidence that Gonzales and Bush directed political prosecutions and attempted to deflect prosecutions of Republicans for political purposes. A state that criminalizes political adversaries and that cloaks the criminal conduct of its retainers is by definition a tyranny.

A study by Donald Shields and John Cragan (not yet released) shows that under Bush seven times more Democratic officials have been investigated by the DOJ than Republican officials. Match that up with the Boston Globe findings. Combine it with all of the DOJ/White House emails released by the Senate showing the overtly political nature of the firing decisions, and how they tied into politicized prosecutions. There were no mistakes made. Nothing accidental occurred here. These people knew exactly what they were doing. They created one law for Democrats and another for Republicans. The Bush administration has made a concerted effort to reduce our nation to a banana republic. Gonzalez will have to go, but this scandal ought not end there. This administration and its DOJ is rotten to the core. For the sake of our nation and our system of government the Democratic Congress needs to climb onto this scandal and ride it as far as it can take them. This sort of misconduct needs to be punished to the fullest extent possible.