Friday, May 18, 2007


ExxonMobil Lied, Continues to Lavishly Fund Prominent Global Warming Deniers

In January, oil giant ExxonMobil tried to “soften” its stance on climate change, asserting that it was “misunderstood” and now acknowledges the contribution of humans to global warming. Subsequently, the company promised that it would “not be providing any further funding” to groups that distort global warming science, such as the Competitive Enterprise Institute.

But a new report from GreenPeace reveals what the company “didn’t mention” to the public. According to its IRS reports, Exxon is still actively funding at least 14 organizations “for their climate change work.”

These groups include organizations like Frontiers for Freedom, which recently released a report “dedicated entirely to questioning global warming science, policy and attacking Al Gore.”

Today, Rep. Brad Miller (D-NC) wrote to ExxonMobil CEO Rex Tillerson lambasting the company for its inconsistency on global warming and urging the company to provide “full accounting of actual giving” to these climate skeptic groups, records which it has withheld from the public:

In a September 20, 2006, press release, ExxonMobil claimed it was reviewing funding for the coming year and that support fororganizations is publicly posted on our website.” […]

ExxonMobil’s clarification has yet to receive clarity. The analysis done by Greenpeace highlights disparities between your 2005 World Giving Report and actual giving as reflected in the copy of your IRS 990 tax form…the 2006 World Giving Report confirms that ExxonMobil has not stopped supporting climate skeptic organizations, as past statements from the Corporation suggested would be the stance of the company. […]

The support of climate skeptics, many of whom have no real grounding in climate science, appears to be an effort to distort public discussion about global warmingIt is indefensible for private entities to fund phony science to create fictional “scientific” controversies where no legitimate controversy exists.

The report confirms ExxonMobil’s new policy on global warming is the same as its old policy.

See Miller’s full letter to ExxonMobil HERE. See GreenPeace’s report HERE.

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Thursday, May 17, 2007


Gonzales Testified under oath that there was "no serious disagreement" about NSA spying program. He lied.

Dems seek no-confidence vote on Gonzales
New calls for resignation follow word of Ashcroft hospital confrontation
The Associated Press
Updated: 3:38 p.m. ET May 17, 2007

WASHINGTON - Two Senate Democrats said Thursday they will seek a no-confidence vote on Attorney General Alberto Gonzales over accusations that he carried out President Bush's political agenda at the expense of the Justice Department's independence.

Sens. Chuck Schumer of New York and Dianne Feinstein of California, who have led the investigation into the conduct of White House officials and Gonzales, said the attorney general has become too weakened to run the department.

"It seems the only person who has confidence in the attorney general is President Bush," Schumer told reporters. "The president long ago should have asked the attorney general to step down."

"I think the time has come for the Senate to express its will," Feinstein said. "We lack confidence in the attorney general."

Schumer said Senate Majority Leader Harry Reid supports the resolution and would try to bring it to a floor vote next week. Judiciary Committee Chairman Patrick Leahy, too, was expected to sign on.

"I have absolutely no confidence in the attorney general or his leadership," Leahy, D-Vt, said earlier in the day.

Schumer predicted the resolution, which has yet to be finalized, would win support from at least the 60 senators required to beat a filibuster.

Five Republican senators have called outright for Gonzales' resignation, including Sen. Norm Coleman, R-Minn., who added his voice Thursday. Several other Republicans have suggested that Gonzales consider stepping down.

One of the latter group, Sen. Arlen Specter of Pennsylvania, has left no doubt that he thinks Gonzales should leave. But he told The Associated Press that he wanted to see Schumer's resolution before saying he would vote for it.

The announcement is the latest in a series of blows suffered by Gonzales this week, including new criticism from Republicans and the prediction of one GOP veteran that the investigation into the firings of federal prosecutors would end with the attorney general's resignation.

Specter, the senior Republican on the Senate Judiciary Committee, said earlier Thursday that the Justice Department can't properly protect the nation from terrorism or oversee Bush's no-warrant eavesdropping program with Gonzales at the helm.

"I have a sense that when we finish our investigation, we may have the conclusion of the tenure of the attorney general," Specter said during a committee hearing. "I think when our investigation is concluded, it'll be clear even to the attorney general and the president that we're looking at a dysfunctional department which is vital to the national welfare."

His comment echoed new criticism of Gonzales this week. Former deputy attorney general James Comey testified that Gonzales tried to get his predecessor as attorney general, John Ashcroft, to approve Bush's eavesdropping program as Ashcroft lay in intensive care.

Asked twice during a news conference Thursday if he personally ordered Gonzales and then-White House chief of staff Andrew Card to Ashcroft's hospital room, Bush refused to answer.

"There's a lot of speculation about what happened and what didn't happen. I'm not going to talk about it," Bush said.

The tale inspired Sen. Chuck Hagel, R-Neb., to become the fourth Republican senator to call for Gonzales' resignation. Sen. Pat Roberts, R-Kan., joined in the criticism.

"When you have to spend more time up here on Capitol Hill instead of running the Justice Department, maybe you ought to think about it," Roberts told The Associated Press.

Support for Gonzales fading

Bush has stood by his longtime friend and adviser, the key to Gonzales' hold on his job.

But just when some predicted that Gonzales had survived the furors over the firings, Comey's testimony helped broaden the Democrat-led probe into whether the attorney general politicized the Justice department at the White House's behest.

Gonzales has said only eight U.S. attorneys were targeted for dismissal. But the Justice Department, over nearly two years, listed as many as 26 prosecutors after concerns were raised about their performances, a senior government official familiar with the process said Thursday.

The Justice Department said it fully supports all of its current U.S. attorneys. The list of 26 names was first reported Thursday by The Washington Post.

More hearings set for next week

Many of the names on various and changing lists of prosecutors under scrutiny "clearly did not represent the final actions or views of the department's leadership or the attorney general," said Justice spokesman Dean Boyd. He said the lists "reflect Kyle Sampson's thoughts for discussion during the consultation process."

Sampson, Gonzales' former chief of staff, oversaw the review that drove the firings. He resigned in March as a result of the department's botched handling of the dismissals.

The developments came as Democrats sought more testimony from current and former Justice Department officials. House Democrats announced that Gonzales' former White House liaison, Monica Goodling, would testify next week under a grant of immunity.

At issue is whether the department, at the White House's urging, tried to cause problems for Democrats by facilitating voter fraud cases and others involving corruption.

Comey's testimony this week further weakened Gonzales among Republicans as well as Democrats.

Democrats said his testimony appeared to contradict Gonzales' account of the no-warrant eavesdropping program in February 2006, when he told two congressional panels that there had "not been any serious disagreement about the program."

Dean Boyd, a Justice Department spokesman said Gonzales' testimony "was and remains accurate."

Joining Hagel in demanding Gonzales' resignation are GOP Sens. John Sununu of New Hampshire, Tom Coburn of Oklahoma and John McCain of Arizona, who is a presidential candidate. House Republican Conference Chair Adam Putman of Florida also has called for a new attorney general.

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The New McCarthyism

by Sara at Orcinus

So here's Joe Scarborough on MSNBC this evening, braying that when people like Don Imus and Opie and Anthony are taken off the air because they cross the line and say offensive things on the air, they're actually victims of "the new McCarthyism."

This is the kind of foamy blather that quickly congeals into stubborn, hard-to-get-out right-wing talking points, so it's important to wipe it up quickly before it sticks. (Last month, they tried to characterize what happened to Imus as a "lynching." What we have here is apparently a second-generation attempt to get traction on the same idea, using different language.)

For those of you who weren't there and didn't read about it: Back in the early 50s, Joe McCarthy went after people for exercising their Constitutional rights to freedom of thought, speech, association, peaceable assembly, and to petition the government for redress of grievances. Thousands of people (my father-in-law, a UCLA sociology professor, included) got hauled up before Congress and/or fired from their jobs because of nothing more than the magazines they read, the people they befriended, the clubs they joined. Most of these people were not public figures -- they were businesspeople, academics, artists, and professionals. Disproportionate numbers of them were immigrants and Jews. All of them were subject to levels of government investigation that nobody this side of Abu Gonzales could possibly construe as constitutional.

Note, however: Not one of those people got on the public airwaves and made ugly sexual comments about black women -- which is the common thread that connects Imus with Opie and Anthony. (That and the fact that, also like Imus, Opie and Anthony were repeat offenders -- CBS booted them in 2003 for similarly offensive remarks.) But, as Dave has already explained, when you're standing on a public platform that belongs to somebody else, you're subject to having the plug pulled on you if you say things that either the owners or the listeners find offensive.

Scarborough says that if we don't like shock jocks, we should change the channel. But he seems to ignore the fact that if enough people change the channel, those who own the channel are going to get the message. What happens next is not "McCarthyism," or "lynching" or "censorship." It's called the free market -- you know, the same one the right wing is always insisting is the ultimate solution to all our problems.

In this case, they're absolutely right. Opie and Anthony gleefully described the violent rape of Condi Rice. And the free market -- in the guise of their Sirius bosses -- rendered its judgment on their behavior.

Don't blame McCarthy for this one, Joe. The real culprit you're looking for is Adam Smith.

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Iraq "Facing Collapse." Well done Georgie and the Neocons. Well done you morons.

War-torn Iraq 'facing collapse'
Iraq faces the distinct possibility of collapse and fragmentation, UK foreign policy think tank Chatham House says.

Its report says the Iraqi government is now largely powerless and irrelevant in many parts of the country.

It warns there is not one war but many local civil wars, and urges a major change in US and British strategy, such as consulting Iraq's neighbours more.

The report comes as Iran said Iranian and US diplomats would hold talks on 28 May on the security situation in Iraq.

Iranian Foreign Minister Manouchehr Mottaki said the talks - the third such meeting - would be restricted to the subject of Iraq.

"Negotiation is limited to Iraq, in Iraq, and will start in the presence of Iraqi officials," he told reporters during a visit to Pakistan.

The situation in Iraq will form part of discussions between UK Prime Minister Tony Blair and US President George W Bush in Washington on Thursday.

It is Mr Blair's last official visit to the White House before he steps down as prime minister on 27 June.

'Harsh realities'

The UK Foreign Office, responding to the Chatham House report, stated that security conditions, although "grim" in places, varied across Iraq.

Established in 1920
Formerly known as the Royal Institute of International Affairs
Takes its name from building in which it is housed
Regarded as one of world's leading think tanks on international affairs
Famous for Chatham House Rule, on free speech and confidentiality at meetings

"Most insurgent attacks remain concentrated in just four of Iraq's 18 provinces, containing less than 42% of the population," a Foreign Office spokesman told the Press Association news agency.

"Iraq has come a long way in a short time," he added, saying the international community "must stand alongside the Iraqi government".

Maj Gen William Caldwell, spokesman for the multinational force in Iraq, told the BBC the US troops surge in Baghdad was showing progress.

"We are seeing positive indicators that within Baghdad levels of violence are coming down," he said.

"That's what we want it to do, so that it will set the conditions to allow for the economic and political process to take place."

There is not 'a' civil war in Iraq, but many civil wars and insurgencies involving a number of communities and organisations struggling for power
Chatham House report on Iraq

The Chatham House report, written by Gareth Stansfield, a Middle East expert, is unremittingly bleak, says BBC diplomatic correspondent James Robbins.

Mr Stansfield argues that the break-up of Iraq is becoming increasingly likely.

In large parts of the country, the Iraqi government is powerless, he says, as rival factions struggle for local supremacy.

The briefing paper, entitled Accepting Realities in Iraq, says: "There is not 'a' civil war in Iraq, but many civil wars and insurgencies involving a number of communities and organisations struggling for power."

Mr Stansfield says that although al-Qaeda is challenged in some areas by local leaders who do not welcome such intervention, there is a clear momentum behind its activity.

Iraq's neighbours also have a greater capacity to affect the situation on the ground than either the UK or the US, the report adds.

US-Iran talks

On Thursday, Iranian Foreign Minister Manouchehr Mottaki said that US-Iranian discussions at ambassador level would take place in Iraq on 28 May.

American and Iranian officials have held talks at ambassador level in the past. There were discussions in Baghdad in March and brief exchanges at a summit in Egypt earlier this month.

Given the climate of suspicion and hostility which has existed between Iran and the US, it is doubtful that the talks stand any chance of yielding quick or substantial results, our correspondent says.

Washington accuses Iran of arming Shia militants in Iraq.

Tehran says American and other coalition forces should be withdrawn from Iraq.

Story from BBC NEWS:


Pick a Service, Pick a Challenge Set Yourself Apart, Army, Navy, Airforce, Marines, what a great place, a great place, to start!

One day after the Pentagon banned US military personnel worldwide from accessing the wildly popular YouTube Web site via DoD computers and networks, the weekly electronic newsletter of the US-led Multi-National Forces-Iraq (MNF-I) today makes a banner appeal for US forces and others to watch MNF-I's new YouTube channel.


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Wednesday, May 16, 2007


Sweet Jesus, Gonzalez has got to go.

Ashcroft and the Night Visitors
By Dana Milbank
Wednesday, May 16, 2007; A02

As if Attorney General Alberto Gonzales didn't have enough trouble, now comes word that, before coming to the Justice Department, Gonzales preyed on the infirm.

In hair-raising testimony before a Senate committee yesterday, Jim Comey, the former No. 2 official at the Justice Department, described what might be called the Wednesday Night Massacre of March 10, 2004. Gonzales, then the White House counsel, and White House Chief of Staff Andrew Card staged a bedside ambush of Attorney General John Ashcroft while he lay in intensive care. Comey, serving as acting attorney general during Ashcroft's incapacitation, testified about how, on a tip from Ashcroft's wife, he intercepted the pair in Ashcroft's hospital room.

"The door opened and in walked Mr. Gonzales, carrying an envelope, and Mr. Card," Comey told the spellbound senators. "They came over and stood by the bed." They wanted Ashcroft to sign off on an eavesdropping plan that Comey and others at the Justice Department had already called legally indefensible.

Ashcroft "lifted his head off the pillow and in very strong terms expressed his view of the matter" -- that Comey was right. "And as he laid back down, he said, 'But that doesn't matter, because I'm not the attorney general. There is the attorney general.' And he pointed to me."

Gonzales and Card "did not acknowledge me," Comey testified. "They turned and walked from the room."

The Democrats on the Senate Judiciary Committee stared. The lone Republican in attendance, Arlen Specter (Pa.), looked down. The 6-foot-8 Comey, slightly hunched in the witness chair, swallowed frequently and kept his hands in his lap as he spun a narrative worthy of Dashiell Hammett.

"I thought I just witnessed an effort to take advantage of a very sick man," Comey told the quiet chamber. His voice grew thick and he cleared his throat as he explained how he prepared to resign. "I couldn't stay, if the administration was going to engage in conduct that the Department of Justice had said had no legal basis."

Comey had come before the committee to discuss Gonzales's botched firing of U.S. attorneys. Instead, under questioning from Sen. Charles Schumer (D-N.Y.), he gave his account of Gonzales's dark-of-night attempt to emasculate the department he would soon lead. The testimony had all the more impact because it came the morning after Deputy Attorney General Paul McNulty became the fourth senior official to resign in the prosecutor mess.

If Comey's testimony had the grip of mystery yesterday, Gonzales's defense had the feel of farce, as he heaped blame on McNulty for the mishandled firings. "The deputy attorney general is the direct supervisor of the United States attorneys," Gonzales volunteered at a National Press Club breakfast. He added: "I went back to the deputy attorney general and I asked Paul, 'Do you still stand by the recommendations?' And he said, 'Yes.' "

At the hearing, Specter offered a different view of McNulty's departure. "It's embarrassing for a professional to work for the Department of Justice today," he said, calling the resignation "evidence that the department really cannot function with the continued leadership or lack of leadership of Attorney General Gonzales."

Despite public pleas from a "lonely" Specter, the other Republicans on the committee didn't risk an appearance. Even the White House declined to counter Comey, who has a reputation for honesty. "You've got somebody who has splashy testimony on Capitol Hill -- good for him," presidential press secretary Tony Snow dodged.

In truth, nothing Snow could have said would have matched Comey's testimony. Comey recounted how, while driving home at 8 p.m. on that day in 2004, he got word that Mrs. Ashcroft had received a call -- possibly from President Bush himself -- to say Gonzales and Card were coming.

"I told my security detail that I needed to get to George Washington Hospital immediately. They turned on the emergency equipment and drove very quickly," Comey testified. "I got out of the car and ran up -- literally ran up the stairs with my security detail. . . . I raced to the hospital room, entered." The room was dark, and Ashcroft was "pretty bad off."

In Comey's account, he got FBI Director Robert Mueller to tell his agents guarding Ashcroft not to let Card and Gonzales evict Comey from the room. A few minutes after the bedside confrontation, Card called the hospital. He "demanded that I come to the White House immediately," Comey testified. "I responded that, after the conduct I had just witnessed, I would not meet with him without a witness present."

"He replied, 'What conduct? We were just there to wish him well.' " After Card demanded to know if Comey was "refusing to come to the White House," Comey, with the solicitor general, finally arrived at the West Wing at 11 p.m. His narrative covered the next two days, ending when Bush intervened and avoided a spate of resignations.

The senators had some trouble finding words for what they had heard. "This story makes me gulp," Schumer said.

Specter invoked the firing of the Watergate prosecutor. "It has some characteristics of the Saturday Night Massacre," he said. And the senator left little doubt about whom he blamed.

"Can you give us an example of an exercise of good judgment by Alberto Gonzales?" he asked.

This time, Comey had no narrative. "Let the record show a very long pause," Specter said.

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Republicans Love Torture

by mcjoan

This was, hands down, the most frightening display at last night's Republican debate:

[C]andidates were asked whether they would support the use of waterboarding — a technique, defined as torture by the Justice Department, that simulates drowning and makes the subject "believe his death is imminent while ideally not causing permanent physical damage."

Both former mayor Rudy Giuliani and Rep. Tom Tancredo (R-CO) suggested they would support using the technique. Specifically asked about waterboarding, Giuliani said he would allow "every method [interrogators] could think of and I would support them in doing it." Tancredo later added, "I’m looking for Jack Bauer," referencing the television character who has used torture techniques such as suffocation and electrocution on prisoners.

Bad enough that Giuliani and Tancredo are such enthusiastic proponents of torture, but the really frightening part was the bloodlust in the audience, who went wild after these statements. In contrast, the one candidate who could speak with true authority on the issue, John McCain, was met with stony silence when he expressed his opposition to torture.

Watch the response to Giuliani here:

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Comey's testimony raises new and vital questions about the NSA scandal

The testimony yesterday from James Comey re-focuses attention on one of the long unresolved mysteries of the NSA scandal. And the new information Comey revealed, though not answering that question decisively, suggests some deeply troubling answers. Most of all, yesterday's hearing underscores how unresolved the entire NSA matter is -- how little we know (but ought to know) about what actually happened and how little accountability there has been for some of the most severe and blatant acts of presidential lawbreaking in the country's history.

The vital issue highlighted by Comey's testimony

President Bush ordered the NSA to engage in warrantless eavesdropping back in October 2001. The incidents which Comey described yesterday -- whereby the DOJ refused to certify the program's legality -- occurred in March, 2004, two-and-a-half years later. Since the NSA was spying on Americans outside of FISA the entire time, what prompted the DOJ suddenly to "reexamine" the legality of the program after all that time?

Comey did not say specifically what prompted that re-evaluation. This is all he said on that topic:

In the early part of 2004, the Department of Justice was engaged -- the Office of Legal Counsel, under my supervision -- in a reevaluation both factually and legally of a particular classified program. And it was a program that was renewed on a regular basis, and required signature by the attorney general certifying to its legality.

And the -- and I remember the precise date. The program had to be renewed by March the 11th, which was a Thursday, of 2004. And we were engaged in a very intensive reevaluation of the matter.

Comey then made clear that he and Ashcroft met, determined that the NSA program lacked legal authority, and agreed "on a course of action," one whereby the DOJ would refuse to certify the legality of the NSA program. Yet even once Ashcroft and Comey made clear that the program had no legal basis (i.e., was against the law), the President ordered it to continue anyway. As Comey said: "The program was reauthorized without us and without a signature from the Department of Justice attesting as to its legality."

Amazingly, the President's own political appointees -- the two top Justice Department officials, including one (Ashcroft) who was known for his "aggressive" use the law enforcement powers in the name of fighting terrorism and at the expense of civil liberties -- were so convinced of its illegality that they refused to certify it and were preparing, along with numerous other top DOJ officials, to resign en masse once they learned that the program would continue notwithstanding the President's knowledge that it was illegal.

The overarching point here, as always, is that it is simply crystal clear that the President consciously and deliberately violated the law and committed multiple felonies by eavesdropping on Americans in violation of the law.

Recall that the only federal court to rule on this matter has concluded that the NSA program violated both federal law and the U.S. Constitution, and although that decision is being appealed by the Bush administration, they are relying largely on technical arguments to have it reversed (i.e., standing and "state secrets" arguments) and -- as has been true for the entire case -- are devoting very little efforts to arguing that the program was actually legal or constitutional.

Yet even once Bush knew that both Aschcroft and Comey believed the eavesdropping was illegal, he ordered it to continue anyway. As Anonymous Liberal wrote yesterday:

That's a rather stunning fact, and one that I wish at least a few mainstream journalists would attempt to grasp the significance of. The White House authorized a program that everyone of significance in the Justice Department had determined to be lacking any legal basis. They willfully violated the law.
Even The Washington Post Editorial Board -- long tepid, at best, concerning the NSA scandal -- recognizes that Comey has offered "an account of Bush administration lawlessness so shocking it would have been unbelievable coming from a less reputable source." And as I documented yesterday, these "shocking" revelations were long concealed due to Alberto Gonzales' patently false assurances that the testimony of Comey and Ashcroft -- which Democrats on the Senate Judiicary Committee sought last year -- would not "add to the discussion."

What more glaring and clear evidence do we need that the President of the United States deliberately committed felonies, knowing that his conduct lacked any legal authority? And what justifies simply walking away from these serial acts of deliberate criminality? At this point, how can anyone justify the lack of criminal investigations or the appointment of a Special Counsel? The President engaged in extremely serious conduct that the law expressly criminalizes and which his own DOJ made clear was illegal.

The new unresolved issue highlighted by Comey's testimony

Beyond the indisputable crimes that were committed here -- and violating the law and engaging in eavesdropping that the Congress has prohibited are "crimes" in every sense of the word, in this case punishable with five years in prison and a $10,000 fine for each offense -- there is still the completely unanswered question of how the President used these illegal eavesdropping powers. And Comey's testimony raises some very troubling questions about that matter. Here is why:

In January of 2006, the DOJ released its 42-page position paper purporting to set forth the "legal justifications" for the President's warrantless eavesdropping program. It advanced two arguments -- (i) that the President had "inherent authority" under Article II of the Constitution to engage in warrantless eavesdropping regardless of what Congress said, and independently, (ii) that Congress "implicitly" authorized the Bush administration to eavesdrop in violation of FISA when it enacted the 2001 Authorization to Use Military Force against Al Qaeda and Afghanistan, which implicitly authorized them to use warrantless eavesdropping as part of that "war."

It has long been clear that when the NSA program began in 2001, the only legal basis cited was the Article II claim (which amounts to a declaration that the President can eavesdrop however he wants, including in violation of Congressional law). The AUMF "justification" was one that was only added some time later as an afterthought -- quite likely once Ashcroft and Comey advised the White House in 2004 that the program had no legal authority (the definitive background on that development is here, in a February 2006 post by A.L, who first suggested the late apperance of the AUMF theory).

In other words, Ashcroft, Comey and other DOJ officials did not accept the Article II theory that the President could simply ignore the laws passed by Congress in how he eavesdropped on Americans, and therefore wanted to create an alternative legal basis for the program -- one which claimed that Congress did authorize warrantless eavesdropping when it enacted the AUMF.

Comey testified yesterday that after the dramatic hospital scene, once it became clear that there would be mass DOJ resignations over the illegal NSA program, the President met privately with Comey, and then-FBI Director Robert Mueller. Comey testified that Bush instructed them to make whatever changes to the program they thought needed to be made in order to convince them that the program was legal:

We had the president's direction to do what we believed, what the Justice Department believed was necessary to put this matter on a footing where we could certify to its legality.

And so we then set out to do that. And we did that.

In fact, given that FISA makes it a felony to eavesdrop on Americans without warrants, no changes could render a warrantless eavesdropping program legal. And whatever changes were made did not make it legal, as the federal court ruled last August. But the question still remains: what changes were made that convinced Comey and Ashcroft that the program was legal?

As indicated, it has been assumed for some time that what changed at that point was that the AUMF legal "justification" was concocted, and it was the addition of that argument -- one which at least had the appearance of being grounded in Congressional authorization -- that is what convinced the DOJ to certify the program's legality. In other words, what changed in 2004 was not the eavesdropping program itself, but merely the DOJ's theories about why the program was legal.

But Law Professor Orin Kerr offers some speculation on that question which strikes me not only as persuasive, but also as the only logically possible answer. He suggests that there were changes to the program itself -- i.e. changes in the operational rules of the NSA's eavesdropping -- not merely changes to the DOJ legal theories (emphasis added):

It sounds like the President personally either gave in or reached a compromise with Comey (it's not clear to me which) that refashioned the program in a way that DOJ was willing to approve.
The only real possibility for how the program could be "refashioned" in order to convince the DOJ of its legality would be tighten the nexus between the warrantless eavesdropping and the AUMF.

Since the AUMF authorized, in essence, the instruments of war to be used against Al Qaeda and other terrorist groups, that would mean that -- in order to make the program appear more legal in the eyes of these DOJ officials -- the warrantless eavesdropping would need, presumably, to be tied to terrorist groups encompassed by the AUMF. That's the only conceivable way that the program could have been "refashioned" in order to make it seem as though it had legal authority.

But if that's the case -- if it was only in 2004 that a requirement was created that the eavesdropping be tied closely to terrorists encompassed by the AUMF -- then that would mean that prior to that time, there was no nexus between the eavesdropping and those terrorist groups. It would mean that prior to this 2004 DOJ rebellion, the scope of the NSA eavesdropping -- the list of those who were subject to warrantless eavesdropping -- was far broader than the Islamic terrorist groups against whom the President was authorized by the AUMF to use military force.

That would necessarily mean that -- contrary to what the administration has repeatedly insisted was true -- it was not merely Al Qaeda and similar groups who were the targets of the eavesdropping conducted in secret, but targets beyond that category. Obviously, this is speculation, though I would suggest for the reasons indicated that it is approaching the realm of logically necessary speculation. What other changes besides tying the eavesdropping to Al Qaeda-type groups could have been made that would have enabled Ashcroft, Comey & Co. to conclude that there was a plausible legal basis for warrantless eavesdropping?

The key questions still demanding investigation and answers

But the more important issue here, by far, is that we should not have to speculate in this way about how the illegal eavesdropping powers were used. We enacted a law 30 years ago making it a felony for the government to eavesdrop on us without warrants, precisely because that power had been so severely and continuously abused. The President deliberately violated that law by eavesdropping in secret. Why don't we know -- a-year-a-half after this lawbreaking was revealed -- whether these eavesdropping powers were abused for improper purposes? Is anyone in Congress investigating that question? Why don't we know the answers to that?

Back in September, the then-ranking member (and current Chairman) of the Senate Intelligence Committee, Jay Rockefeller, made clear how little even he knew about the answers to any of these questions in a letter he released:

For the past six months, I have been requesting without success specific details about the program, including: how many terrorists have been identified; how many arrested; how many convicted; and how many terrorists have been deported or killed as a direct result of information obtained through the warrantless wiretapping program.

I can assure you, not one person in Congress has the answers to these and many other fundamental questions.

The NSA scandal has always presented two equally critical but completely distinct issues: (1) the eavesdropping was against the law; and (2) precisely because it was conducted in secret, we do not know whether the administration engaged in the eavesdropping abuses which the law (by requiring judicial oversight) was designed to prevent.

Proposition (1) has long been established, and ought to result in serious consequences by itself. But we still do not know the answer to (2) -- were these eavesdropping powers used for improper purposes? -- and whether anyone in Congress yet knows is still a mystery. But Comey's testimony yesterday adds some obviously significant information that ought to heighten the concern about whether there was such abuse.

There is one other aspect of Comey's testimony worth highlighting. This is part of what he said when describing the scene in Ashcroft's hospital room:

I tried to see if I could help him get oriented. As I said, it wasn't clear that I had succeeded. I went out in the hallway.

Spoke to Director Mueller by phone. He was on his way. I handed the phone to the head of the security detail and Director Mueller instructed the FBI agents present not to allow me to be removed from the room under any circumstances.

Comey repeatedly stated that it appeared that Ashcroft was not even oriented to his surroundings. Compare that to Tony Snow's disgustingly dismissive defense yesterday of the behavior of Andy Card and Alberto Gonzales: "Trying to take advantage of a sick man -- because he had an appendectomy, his brain didn't work?"

But more revealingly, just consider what it says about this administration. Not only did Comey think that he had to rush to the hospital room to protect Ashcroft from having a conniving Card and Gonzales manipulate his severe illness and confusion by coercing his signature on a document -- behavior that is seen only in the worst cases of deceitful, conniving relatives coercing a sick and confused person to sign a new will -- but the administration's own FBI Director thought it was necessary to instruct his FBI agents not to allow Comey to be removed from the room.

Comey and Mueller were clearly both operating on the premise that Card and Gonzales were basically thugs. Indeed, Comey said that when Card ordred him to the White House, Comey refused to meet with Card without a witness being present, and that Card refused to allow Comey's summoned witness (Solicitor General Ted Olson) even to enter Card's office. These are the most trusted intimates of the White House -- the ones who are politically sympathetic to them and know them best -- and they prepared for, defended themselves against, the most extreme acts of corruption and thuggery from the President's Chief of Staff and his then-legal counsel (and current Attorney General of the United States).

Does this sound in any way like the behavior of a government operating under the rule of law, which believes that it had legal authority to spy on Americans without the warrants required for three decades by law? How can we possibly permit our government to engage in this behavior, to spy on us in deliberate violation of the laws which we enacted democratically precisely in order to limit how they can spy on us, and to literally commit felonies at will, knowing that they are breaking the law?

How is this not a major scandal on the level of the greatest presidential corruption and lawbreaking scandals in our country's history? Why is this only a one-day story that will focus on the hospital drama but not on what it reveals about the bulging and unparalleled corruption of this administration and the complete erosion of the rule of law in our country? And, as I've asked many times before, if we passively allow the President to simply break the law with impunity in how the government spies on our conversations, what don't we allow?

If we had a functioning political press, these are the questions that would be dominating our political discourse and which would have been resolved long ago.

-- Glenn Greenwald

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Tuesday, May 15, 2007


God decides Jerry Falwell has outlived his usefulness. Sorry you missed the Rapture Jerry.

Jerry Falwell died today. Here's a list of some of my favorite quotes from this charlatan:

"Someone must not be afraid to say, 'moral perversion is wrong.' If we do not act now, homosexuals will 'own' America!...If you and I do not speak up now, this homosexual steamroller will literally crush all decent men, women, and children who get in its way...and our nation will pay a terrible price!"

--Jerry Falwell quoted in People for the American Way's, "Hostile Climate," 1997, p.15.

"AIDS is the wrath of a just God against homosexuals. To oppose it would be like an Israelite jumping in the Red Sea to save one of Pharaoh's charioteers."
--Jerry Falwell

There’s some great and godly men and women in the Congress, but for every one of them, there’s a Hillary Clinton… and a Nancy Pelosi.” -- Jerry Falwell

"Most of these feminists are radical, frustrated lesbians, many of them, and man-haters, and failures in their relationships with men, and who have declared war on the male gender. The Biblical condemnation of feminism has to do with its radical philosophy and goals. That's the bottom line."
--Jerry Falwell

"Modern U.S. Supreme Courts have raped the Constitution and raped the Christian faith and raped the churches by misinterpreting what the founders had in mind in the First Amendment of the Constitution... [W]e must fight against those radical minorities who are trying to remove God from our textbooks, Christ from our nation. We must never allow our children to forget that this is a Christian nation. We must take back what is rightfully ours."
--Jerry Falwell, March 1993 sermon

"If you're not a born-again Christian, you're a failure as a human being."
--Jerry Falwell

"One day, I hope in the next ten years, I trust that we will have more Christian day schools than there are public schools. I hope I will live to see the day when, as in the early days of our country, we won't have any public schools. The churches will have taken them over again and Christians will be running them. What a happy day that will be!
--Jerry Falwell, America Can Be Saved, 1979

"The public school system is damned. Let me tell you how radical I am. Christian students should be in Christian schools. If you have to sell your car, live in a smaller house, or work a night job, put your child in Christian schools. If you can't afford it home school."
--Jerry Falwell, "Trends in Christian Higher Education," Regent University, 9/22/93


Stabbed in the back! The past and future of a right-wing myth

by Kevin Baker at Harpers

First drink, hero, from my horn:
I spiced the draught well for you
To waken your memory clearly
So that the past shall not slip your mind!

—Hagen to Siegfried
Die Götterdämmerung

Every state must have its enemies. Great powers must have especially monstrous foes. Above all, these foes must arise from within, for national pride does not admit that a great nation can be defeated by any outside force. That is why, though its origins are elsewhere, the stab in the back has become the sustaining myth of modern American nationalism. Since the end of World War II it has been the device by which the American right wing has both revitalized itself and repeatedly avoided responsibility for its own worst blunders. Indeed, the right has distilled its tale of betrayal into a formula: Advocate some momentarily popular but reckless policy. Deny culpability when that policy is exposed as disastrous. Blame the disaster on internal enemies who hate America. Repeat, always making sure to increase the number of internal enemies.

As the United States staggers past the third anniversary of its misadventure in Iraq, the dagger is already poised, the myth is already being perpetuated. To understand just how this strategy is likely to unfold—and why this time it may well fail—we must return to the birth of a legend.

* * *

The stab in the back first gained currency in Germany, as a means of explaining the nation's stunning defeat in World War I. It was Field Marshal Paul von Hindenburg himself, the leading German hero of the war, who told the National Assembly, “As an English general has very truly said, the German army was ‘stabbed in the back.’”

Like everything else associated with the stab-in-the-back myth, this claim was disingenuous. The “English general” in question was one Maj. Gen. Neill Malcolm, head of the British Military Mission in Berlin after the war, who put forward this suggestion merely to politely summarize how Field Marshal Erich von Ludendorff—the force behind Hindenburg—was characterizing the German army's alleged lack of support from its civilian government.

“Ludendorff's eyes lit up, and he leapt upon the phrase like a dog on a bone,” wrote Hindenburg biographer John Wheeler-Bennett. “‘Stabbed in the back?’ he repeated. ‘Yes, that's it exactly. We were stabbed in the back.’”

Ludendorff's enthusiasm was understandable, for, as he must have known, the phrase already had great resonance in Germany. The word dolchstoss—“dagger thrust”—had been popularized almost fifty years before in Wagner's Götterdämmerung. After swallowing a potion that causes him to reveal a shocking truth, the invincible Teutonic hero, Siegfried, is fatally stabbed in the back by Hagen, son of the archvillain, Alberich.

Wagner had himself lifted his plot device from a medieval German poem, which was inspired in turn by Old Norse folklore, and of course the same story can be found in a slew of ancient mythologies, whether it's the fate of the Greek heroes Achilles and Hercules or the story of Jesus and Judas. The hero cannot be defeated by fair means or outside forces but only by someone close to him, resorting to treachery.

The Siegfried legend in particular, though, has nuances that would mesh perfectly with right-wing mythology in the twentieth century, both in Germany and in the United States. At the end of Wagner's Ring Cycle, the downfall of the gods is followed by the rise of the Germanic people. The mythological hero has been transformed into the volk, just as heroic stature is granted to the modern state. Siegfried is killed just after revealing an unwelcome truth—much as the right, when pressed for evidence about its conspiracy theories, will often claim that these are hidden truths their enemies have a vested interest in concealing. Hagen, as a half-breed, an outsider posing as a friend, stands in for something worse yet—the assimilated Jew, able to betray the great warrior of the volk by posing as his boon companion.

It was an iconography easily transferable to Germany's new, postwar republic. Hitler himself would claim that while recuperating behind the lines from a leg wound, he found Jewish “slackers” dominating the war-production bureaucracy and that “the Jew robbed the whole nation and pressed it beneath his domination.” The rape imagery is revolting but vivid; Hitler was already attuned to the zeitgeist of his adopted country. Even before the war had been decided, a soldier in his company recalled how Corporal Hitler would “leap up and, running about excitedly, say that in spite of our big guns, victory would be denied us, for the invisible foes of the German people were a greater danger than the biggest cannon of the enemy.”

It didn't matter that Field Marshal Ludendorff had in fact been the virtual dictator of Germany from August of 1916 on, or that the empire's civilian leaders had been stunned by his announcement, in September of 1918, that his last, murderous offensives on the western front had failed, and that they must immediately sue for peace. The suddenness of Germany's defeat only supported the idea that some sort of treason must have been involved. From this point on, all blame would redound upon “the November criminals,” the scheming politicians, reds, and above all, Jews.

Yet it was necessary, for the purging that the Nazis had in mind, to believe that the national degeneration went even further. Jerry Lembcke, in his brilliant work, The Spitting Image: Myth, Memory and the Legacy of Vietnam, writes of how the Nazis fostered the dolchstosslegende in ways that eerily foreshadowed returning veteran mythologies in the United States. Hermann Göring, the most charismatic of the Nazi leaders after Hitler, liked to speak of how “very young boys, degenerate deserters, and prostitutes tore the insignia off our best front line soldiers and spat on their field gray uniforms.” As Lembcke points out, any insignia ripping had actually been done by the mutinous soldiers and sailors who would launch a socialist uprising shortly after the war, tearing them off their own shoulders or those of their officers. Göring's instant revisionism both covered up this embarrassing reality and created a whole new class of villains who were—in his barely coded language—homosexuals, sexually threatening women, and other “deviants.” All such individuals would be dealt with in the new, Nazi order.

* * *

The dolchstosslegende first came to the United States following not a war that had been lost but our own greatest triumph. Here, the motivating defeat was suffered not by the nation but by a faction. In the years immediately following World War II, the American right was facing oblivion. Domestically, the reforms of the New Deal had been largely embraced by the American people. The Roosevelt and Truman administrations—supported by many liberal Republicans—had led the nation successfully through the worst war in human history, and we had emerged as the most powerful nation on earth.

Franklin Roosevelt and his fellow liberal internationalists had sounded the first alarms about Hitler, but conservatives had stubbornly—even suicidally—maintained their isolationism right into the postwar era. Senator Robert Taft, “Mr. Republican,” and the right's enduring presidential hope, had not only been a prominent member of the leading isolationist organization, America First, and opposed the nation's first peacetime draft in 1940, but also appeared to be as naive about the Soviet Union as he had been about the Axis powers. Like many on the right, he was much more concerned about Chiang Kai-shek's worm-eaten Nationalist regime in China than U.S. allies in Europe. “The whole Atlantic Pact, certainly the arming of Germany, is an incentive for Russia to enter the war before the army is built up,” Taft warned. He was against any U.S. military presence in Europe even in 1951.

This sort of determined naiveté had Taft and his movement teetering on the brink of political irrelevance. They saved themselves by grabbing at an unlikely rope—America's very own dolchstosslegende, the myth of Yalta. No reasonable observer would have predicted in the immediate wake of the Yalta conference that it would become an enduring symbol of Democratic perfidy. Yalta was, in fact, originally considered the apogee of the Roosevelt Administration's accomplishments, ensuring that the hard-won peace at the end of World War II would not soon dissolve into an even worse conflict, just as the botched peace of Versailles had led only to renewed hostilities in the years after World War I. The conference, which took place in the Soviet Crimea in February 1945, was the last time “the Big Three” of the war—Roosevelt, Churchill, and Stalin—would meet face-to-face. The U.S. negotiating team went with specific goals and was widely perceived at the time as having achieved them. Agreements were reached on the occupation of the soon-to-be-defeated German Reich, the liberation of those Eastern European countries occupied by or allied with Germany, the Soviet entrance into the war against Japan, and, most significantly in Roosevelt's eyes, on the structure of a workable, international body designed to keep world peace, the United Nations.

FDR's presentation of these agreements before a joint session of Congress that March met with almost universal acclaim. This was not surprising. Roosevelt, who had been at Versailles as a junior member of the Wilson Administration, was preoccupied with making sure that his vision for the postwar world did not founder on any partisan bickering with Congress. Before leaving for Yalta, he had briefed a group of leading senators from across the political spectrum on what he hoped to accomplish, and solicited their opinions and questions. The delegation he took with him to the Soviet Union was a bipartisan team of senior diplomats, advisers, and military men, and he continued to cultivate support from all quarters on his return to the United States. Such prominent Republican figures as Arthur Vandenberg, the once-isolationist senator from Michigan turned internationalist, and Thomas Dewey, Roosevelt's fierce opponent in the 1944 presidential race, expressed general support for the results of the Yalta conference. Taft and the right wing of the Republican Party were more skeptical, but offered no substantial criticisms.

Save for a few congressmen, newspaper publishers, and columnists on the extreme fringe of the right, this early Cold War consensus would survive until 1948. Then, Dewey's and the Republicans' stunning losses in the elections that fall, combined with a confluence of American setbacks abroad, served to revivify the right.

Not only did the Republicans lose a presidential election against a badly divided, national Democratic Party; they also lost the congressional majorities they had just managed to eke out in 1946, following fourteen years in the political wilderness. It now seemed clear that the Republicans would never return to power merely by supporting Democratic policies, or by promising to implement them more effectively, and the right wing gained traction within the party.

Meanwhile, the exposure of Alger Hiss as a Soviet agent followed, in relatively rapid succession, by the fall of Czechoslovakia's coalition government to a Soviet-backed coup, the Soviet attainment of an atomic bomb, and the victory of Mao's Communists over Chiang Kai-shek's Kuomintang regime in China, cast the entire policy of containment into doubt. Never mind that the right's own feckless or muddled proposals for fighting the Cold War would not have ameliorated any of these situations. The right swept them into the memory hole and offered a new answer to Americans bewildered by how suddenly their nation's global preeminence had been diminished: Yalta.

A growing chorus of right-wing voices now began to excoriate our wartime diplomacy. Their most powerful charge, one that would firmly establish the Yalta myth in the American political psyche, was the accusation that our delegation had given over Eastern Europe to the Soviets. According to “How We Won the War and Lost the Peace,” an essay written for Life magazine shortly before the 1948 election by William Bullitt—a former diplomat who had been dismissed by Roosevelt for outing a gay rival in the State Department—FDR and his chief adviser, Harry Hopkins, were guilty of “wishful appeasement” of Stalin at Yalta, handing the peoples of Poland, Hungary, Romania, Bulgaria, and the Baltic states over to the Soviet dictator.

The right wing's dolchstosslegende was a small but fateful conspiracy, engineered through “secret diplomacy” at Yalta. Its linchpin was Hiss, a junior State Department aide at Yalta who was now described as a major architect of the pact. Hiss was a perfect villain for the right's purposes. He was not only a communist and a spy; he was also an effete Eastern intellectual right down to his name—and, by implication, possibly a homosexual. He had been publicly exposed by that relentlessly regular guy, Dick Nixon, as an unnatural, un-American element who had used his wiles to sway all of his superiors in the Crimea.

Just how he had accomplished this was never detailed, but it didn't matter; specificity is anathema to any myth. Bullitt and an equally flamboyant opportunist of the period, Congresswoman Clare Boothe Luce, offered a more general explanation. The Democrats, Mrs. Luce had already charged, “will not, or dare not, tell us the commitments that were overtly or secretly made in moments of war's extermination by a mortally ill President, and perhaps mortally scared State Department advisers.”

The idea of the “dying President” at Yalta was plausible to much of the public, who had seen photographs of Roosevelt looking suddenly, shockingly gaunt and exhausted throughout much of the last year of his life. To the right wing—which had conducted a whispering campaign against Roosevelt throughout his term in office, claiming that his real affliction was not polio but syphilis, and that he, his wife, and various advisers, including Hopkins, were “secret Jews” and Soviet agents—it all made perfect sense. To the many Americans who still loved Roosevelt and whose votes the Republicans needed, FDR himself could now become the Siegfried figure, a dying hero betrayed by the shady, unnatural Hiss.

All of this, of course, falls apart under the most cursory examination. Hiss was a “technician” at Yalta, relied upon mostly for his expertise regarding the planned United Nations, and—already suspected of espionage—he had played no policymaking role in a large, bipartisan delegation that included most of the nation's military and diplomatic leadership. Roosevelt was in severe physical decline and would die from a massive stroke some two months later, but his mind was still active and engaged. Chip Bohlen—who actually was at Yalta and who went on to become a leading Cold War statesman under both Republican and Democratic administrations—would echo many other observers in reporting that while Roosevelt's “physical state was certainly not up to normal, his mental and psychological state was certainly not affected. He was lethargic but when important moments arose, he was mentally sharp.”

Far from handing over anything to anyone, Roosevelt had actually persuaded Stalin to sign onto a “Declaration on Liberated Europe” that affirmed “the right of all peoples to choose the form of government under which they will live” and committed the Big Three “to the earliest possible establishment through free elections of governments responsive to the will of the people.” More was not possible. The salient fact about Eastern Europe at the end of World War II was that the Red Army enjoyed an immense numerical advantage there. To dislodge it, the United States would have had to embark immediately upon another epic struggle, a vast new war for which the American people, already clamoring for demobilization, showed absolutely no enthusiasm. It is likely that the United States would have eventually prevailed in such a struggle, but only at a cost of American lives that would have dwarfed the total lost in World War II itself, and the further devastation of the very European countries we had sought to liberate.

As Bohlen told a Senate committee in 1953, “I believe that the map of Europe would look much the same if there had never been a Yalta conference at all.” Why this should have been surprising, and how it possibly reflected a failure of American foreign policy, is a mystery in any rational analysis of the situation. But any such analysis could never be made by the heroic state. Instead, Roosevelt and the nation he represented had to have been betrayed. The previous, disastrous policies advocated by the Republican right—ignoring the growing Axis threat, then leaving Western Europe defenseless while plunging into war in China—could be safely forgotten.

* * *

Republicans now began an almost continuous campaign against alleged Democratic conspiracies. Following Chiang's defeat, conservatives in Congress demanded to know “Who lost China?” and Robert Taft, discarding his much vaunted integrity, egged on Joe McCarthy's witch-hunt against the Truman Administration, urging him to “keep talking and if one case doesn't work out, he should proceed with another.” Yet it would take another hot war—and another expansion of the dolchstosslegende—to permanently enthrone the idea of a vast, treasonous left-wing conspiracy in the American psyche.

The outbreak of hostilities in Korea in 1950 was disturbing enough, but the defeat of General Douglas MacArthur that winter by invading Chinese forces sent shock waves throughout the United States. More than anyone else, MacArthur had brought about his own defeat, launching his troops up the Korean peninsula in separate columns, divided by mountain ranges, ignoring both orders from the White House to halt and plentiful signs that a massive Chinese force had already infiltrated the Korean peninsula. But while his subordinates scrambled to rally their reeling men, MacArthur moved swiftly to salvage his military reputation and his hopes for the presidency.

What the general proposed was a massive escalation of the war. U.N. troops would not only “blockade the coast of China” and “destroy through naval gunfire and air bombardment China's industrial capacity to wage war” but would also “release existing restrictions upon the Formosan garrison” of Chiang Kai-shek, which might lead to counter-invasion against “vulnerable areas of the Chinese mainland.” Above all, MacArthur urged that no fewer than thirty-four atomic bombs be dropped on what he characterized as “retardation targets” in Manchuria, including critical concentrations of troops and planes. Even this soon seemed insufficient. MacArthur later added that had he been permitted, he not only would have launched as many as fifty atomic bombs but also would have used “wagons, carts, trucks, and planes” to create “a belt of radioactive cobalt” that would neatly slice the Korean thumb from China. “For at least sixty years,” he said, “there could have been no land invasion of Korea from the north.”

MacArthur insisted the “only way to prevent World War III is to end the Korean conflict rapidly and decisively”—as if a massive, atomic attack upon the world's most populous nation would not, in itself, constitute World War III. When the Truman Administration rejected his proposals, the general announced that he was not being allowed to win—“An enormous handicap without precedent in military history.” The U.N. had to “depart from its tolerant effort to contain the war to the area of Korea” and accept his strategy to “doom Red China,” an opponent “of such exaggerated and vaunted military power.”

MacArthur conveyed similar sentiments to his conservative allies in Congress, writing House Minority Leader Joseph Martin that he was only trying to “follow the conventional pattern of meeting force with maximum counter-force, as we have never failed to do in the past,” and concluding: “There is no substitute for victory.” Martin gleefully aired the great man's views in a speech in Brooklyn, thundering, “If we are not in Korea to win, then this Administration should be indicted for the murder of thousands of American boys.” He added that “the same State Department crowd that cut off aid” to Chiang in 1946 now opposed invading China because this would show up their earlier mistakes. The only way to “save Europe and save Asia at the same time” was “to clear out the State Department from top to bottom.” After Martin repeated MacArthur's views on the House floor, Truman finally removed the general from his command. But the move seemed only to confirm that something was very wrong.

The right seized the opportunity to renew—and expand—its charges of dolchstoss. Republican Senator William Jenner of Indiana bellowed from the floor of the Senate that “this country today is in the hands of a secret inner coterie which is directed by agents of the Soviet Union. We must cut this whole cancerous conspiracy out of our Government at once. Our own choice is to impeach President Truman and find out who is the secret invisible government which has so cleverly led our country down the road to destruction.” Nixon, his new colleague, agreed in barely coded language, attacking “the whining, whimpering, groveling attitude of our diplomatic representatives who talk of America's fear rather than of America's strength and of America's courage.” He claimed that “top administration officials have refused time and time again to recognize the existence of this fifth column” or “to take effective action to clear subversives out” of the government.

Douglas MacArthur now became the martyred Siegfried, stabbed in the back by weaklings at home who were for some reason afraid of victory. It was the fault of these “whimpering,” “soft,” “cowardly,” “lavender” “appeasers,” so unnatural they were willing to “murder” American boys to cover up their own misjudgments. Communist treachery and appeasement were blended seamlessly with an emerging, postwar sex panic.

An entire, seemingly plausible narrative of treason was now firmly established. The conspiracy of spies, or sexual deviants, or both, had now expanded beyond Alger Hiss to include pretty much the entire State Department and maybe the rest of the executive branch. Taft, launching his third run for the Republican nomination, offered to name MacArthur as his vice president, and the general, while still harboring hopes of winning the nomination himself, agreed on the condition that he would have a voice in foreign policy and be put in charge of national security.

In their desire for power, Republican centrists soon joined this right-wing chorus. John Foster Dulles, now Eisenhower's secretary-of-state designate, denounced the very strategy of containment that he had helped to formulate and promised to “roll back” Communism everywhere, including in Eastern Europe. Eisenhower himself refused to disown McCarthy, even after the senator had impugned the patriotism of his longtime friend and mentor, George Marshall.

The Republican platform that Ike ran on in the fall of 1952 was a freefall into fantasy, a fatal compact by party moderates with a right wing that would eventually push them into extinction. For the first time since the Civil War era, one major American political party charged another one with treason. Democrats were accused of having “shielded traitors to the Nation in high places” and creating “enemies abroad where we should have friends.” Democrats were responsible for all “110,000 American casualties” in Korea, where they had “produced stalemates and ignominious bartering with our enemies” that “offer no hope of victory.” Republicans promised to “repudiate all commitments contained in secret understandings such as those of Yalta which aid Communist enslavements.”

United once more, Republicans brought this compilation of hysterical charges and bald-faced lies before the American people—who swallowed them willingly. Once in power, Eisenhower and Dulles immediately returned to managing the Democratic system of containment. Dulles met with MacArthur, listened respectfully to his plan to nuke Manchuria, allowed that it “could well succeed,” then shelved it without another word. No “secret understandings” to “aid Communist enslavements” were repudiated because, of course, they did not exist. The idea of “rolling back” Communism from Eastern Europe was taken seriously solely by the Hungarian people, who launched a brave rebellion against their Soviet occupiers in 1956, only to find that Dulles and Eisenhower were willing to offer them nothing more than sympathy.

* * *

The right's initial blindness toward first the Axis and then the Soviet threat in Europe; the disastrous military campaign waged by one of its icons; its feckless and even apocalyptic ideas for recouping its previous mistakes—all had been erased in much of the public consciousness by the stab in the back, a vote-winning tale of deviancy, subversion, and intentional defeat radiating from Yalta all the way to Korea. The Vietnam War, however, would call for yet another expansion of the dolchstosslegende.

Vietnam was the sort of war Republicans had been clamoring to fight for two decades. A liberal administration had started it, with misplaced bravado, but it had been egged on—even dared—to take the plunge into full-scale war by prevailing right-wing dogma. When the war soured, Republicans first tried to blame not the failed premise of the domino theory or the flawed diplomacy of the Kennedy Administration or the near-universal American failure to recognize Vietnam's boundless desire for self-determination—no, it was the old fallbacks of appeasement, defeatism, and treachery in high places.

Once again, we were told that American troops were not being “allowed” to win, if they could not mine Haiphong harbor, or flatten Hanoi, or reduce all of North Vietnam to a parking lot. Yet Vietnam was a war with no real defeats on the ground. U.S. troops won every battle of any significance and inflicted exponentially greater casualties on the enemy than they suffered themselves. Even the great debacle of the war, the 1968 Tet offensive, ended with an overwhelming American military victory and the Viet Cong permanently expunged as an effective fighting force. It is difficult to claim betrayal when you do not lose a battle.

Worse yet, Republicans could not provide any meaningful alternative strategy. Nixon was able to take office in 1969 only by offering a “secret plan” to get the boys home from Vietnam, not by promising to hugely escalate the fighting or risk a wider conflict. Richard Nixon became the first Republican president since the turn of the century to take office while a major war still hung in the balance, and now all the fantasies began to fall away. More than 21,000 Americans were killed in Vietnam during Nixon's time in office, and there were no Democrats to blame it on.

The only political hope for the administration was to turn its gaze outward—to blame the people themselves, or at least a portion of them. Nixon, as historian Rick Perlstein has observed, “had a gift for looking beneath social surfaces to see and exploit subterranean anxieties,” and he had been on hand at the creation of this game. Initially, the divisions he sought to exploit were much the same as those he had manipulated back in the 1940s, though they were now aimed at broad swaths of the general public—the children of the New Deal, as it were. The leading tactics included employment of the same sorts of code words so bluntly wielded twenty years before, along with a good deal more street muscle.

Over and over, antiwar protesters were called Communists, perverts, or simply “bums”—the last epithet from Nixon's own lips. The large percentage of college students in their ranks were depicted as spoiled, obnoxious, ungrateful children. Older, more established dissidents were ridiculed by Nixon's vice president, Spiro Agnew, in a series of William Safire‒authored speeches, as “nattering nabobs of negativity,” and, unforgettably, as “an effete corps of impudent snobs who characterize themselves as intellectuals.” These invectives were, of course, doubly disingenuous; it was Agnew and Safire who very much wanted such persons to be known by the damning label of “intellectual,” and what the vice president was really calling them was fags.

All these bums and effetes might be un-American, but their disapproval still was sufficient to demoralize our fighting men in Vietnam and thereby put them in imminent peril. And on hand to take the torch from an increasingly beleaguered Nixon was a new Republican master at exploiting subterranean anxieties, Ronald Reagan. As early as 1969, Reagan was insisting that leaders of the massive Moratorium Days protests “lent comfort and aid” to the North Vietnamese, and that “some American will die tonight because of the activity in our streets.”

The Nixon Administration now had its new Hagens. People who voiced their opposition to the war were traitors and even killers, responsible for the death of American servicemen, and as such almost any action taken against them could be justified. The Nixon White House even had its own blue-collar shock troops. Repeatedly, on suspiciously media-heavy occasions, construction workers appeared to break up antiwar demonstrations and beat up peaceful demonstrators. The effete protesters had been shown up by real working-class Americans—and their class allies in the police force eagerly closed ranks.

* * *

Neither Nixon, nor Agnew, nor the war would survive a second term. With the shameful, panicked helicopter evacuation of Saigon, U.S. prestige in the world dropped precipitously—but none of the other dominoes followed. Once again, by 1975, the American right should have found itself utterly discredited. A war that conservatives had fervently supported had ended in defeat, but with none of the consequences they had prophesied. Instead, the entire operating right-wing belief in “monolithic communism” was debunked in the wake of our evacuation from Saigon, as Vietnam attacked Cambodia, China invaded Vietnam, and the Soviet Union and China clashed along their border.

Yet the cultural division that Richard Nixon had fomented to try to salvage the war in Vietnam would take on a life of its own long after the war was over and Nixon had been driven from office in disgrace. It cleverly focused on the men who had fought the war, rather than the war itself. If Vietnam had been an unnecessary sacrifice, if world Communism could no longer be passed off as a credible threat to the United States, then the betrayal of our fighting men must become the issue.

Vietnam, for the right, would come to be defined mainly through a series of closely related, culturally explosive totems. The protesters and the counterculture would be reduced to the single person of Jane Fonda, embalmed forever on a clip of film, traipsing around a North Vietnamese antiaircraft gun. The soldiers, meanwhile, were transformed into victims and martyrs. It became general knowledge that they had been savagely scorned and mocked upon their return to the United States; those returning through the San Francisco airport were especially liable to be spat upon by men and women protesting the war.

Of course, those who were able to return at all were the lucky ones. Soon after we had bugged out of Saigon, millions of Americans became convinced that American prisoners of war had been left behind in Vietnamese work camps, by a government that was too cowed or callous to insist upon their return. Numerous groups sprang up to demand their release, disseminating flags with a stark, black-and-white tableau of a prisoner's bowed head against the backdrop of a guard tower, a barbed-wire fence, and the legend: YOU ARE NOT FORGOTTEN POW*MIA.

It would do no good to point out that there is no objective evidence that veterans were ever spat upon by demonstrators or that POWs were ever left behind or that Jane Fonda's addle-headed mission to Hanoi did anything to undermine American forces. The stab-in-the-back myth is much more powerful than any of these facts, and it continues to grow more so as time passes. Just this past Christmas, one Faye Fiore wrote a feature for the Los Angeles Times about how returning Iraqi veterans are being showered with acts of good will by an adoring American public, “In contrast to the hostile stares that greeted many Vietnam veterans 40 years ago.” The POW/MIA flags, with their black-and-white iconography of shame, now fly everywhere in the United States, just under the Stars and Stripes; federal law even mandates that on at least six days a year—Memorial Day, Flag Day, Armed Forces Day, Veterans Day, Independence Day, and one day during POW/MIA Week (the third week of September)—they must be flown over nearly every single U.S. government building. There has been nothing else like them in the history of this country, and they have no parallel anywhere else in the world—these peculiar little banners, attached like a disclaimer to our national flag, with their message of surrender and humiliation, perennially accusing our government of betrayal.

* * *

If the power of the stab-in-the-back narrative from Vietnam is beyond question, it still raises the question of why. Why should we wish to maintain a narrative of horrendous national betrayal, one in which our own democratically elected government, and a large portion of our fellow citizens, are guilty of horribly betraying our fighting men?

The answer, I think, lies in Richard Nixon's ability to expand the Siegfried myth from the halls of power out into the streets. Government conspiracies are still culpable, of course; ironically, it was Nixon's own administration that first “left behind” American POWs in North Vietnam. Yet this makes little difference to the American right, which never considered Nixon ideologically pure enough to be a member in good standing, and which has always made hay by railing against government, even now that they are it. What Nixon and a few of his contemporaries did for the right was to make culture war the permanent condition of American politics.

On domestic issues as well as ones of foreign policy, from Ronald Reagan's mythical “welfare queens” through George Wallace's “pointy-headed intellectuals”; from Lee Atwater's characterization of Democrats as anti-family, anti-life, anti-God, down through the open, deliberate attempts of Newt Gingrich and Karl Rove to constantly describe opponents in words that made them seem bizarre, deviant, and “out of the mainstream,” the entire vernacular of American politics has been altered since Vietnam. Culture war has become the organizing principle of the right, unalterably convinced as it is that conservatives are an embattled majority, one that must stand ever vigilant against its unnatural enemies—from the “gay agenda,” to the advocates of Darwinism, to the “war against Christmas” last year.

This has become such an ingrained part of the right wing's belief system that the Bush Administration has now become the first government in our nation's history to fight a major war without seeking any sort of national solidarity. Far from it. The whole purpose of the war in Iraq—and the “war on terrorism”—seems to have been to foment division and to win elections by forcing Americans to choose between starkly different visions of what their country should be. Again and again, Bush and his confederates have used the cover of national security to push through an uncompromising right-wing agenda. Ignoring the broad leeway already provided the federal government to fight terrorists and conduct domestic surveillance, the administration has gone out of its way to claim vast new powers to detain, spy on, and imprison its own citizens, and to abduct and even torture foreigners—a subject we shall return to. It has used the cover of the war to push through enormous tax cuts, attempt to dismantle the Social Security system, and alter the very social covenant of the nation. Incidents from the Terri Schiavo case to the teaching of “intelligent design” are periodically exploited to start new cultural battles.

Given this state of permanent culture war, it is not surprising that the Bush White House trotted out the stab-in-the-back myth when its Iraq project began to run out of steam early last summer. It was first given a spin, as usual, by the right's media shock troops, and directed at both Democratic and renegade Republican lawmakers who had dared to criticize either the strategic conduct of the war or our treatment of detainees. The Wall Street Journal's editorial page opined, “Where the terrorists are gaining ground is in Washington, D.C.” and noted that General John Abizaid, of the U.S. Central Command, had said, “When my soldiers say to me and ask me the question whether or not they've got support from the American people or not, that worries me. And they're starting to do that.”

Again, the link was made. Soldiers of the most powerful army in the history of the world would be actively endangered if they even wondered whether the folks at home were questioning their deployment. The right was looking for a target, and it got one when Sen. Dick Durbin (D., Ill.), appalled by an FBI report on the prisons for suspected terrorists at Guantánamo Bay, compared them to those run by “Nazis, Soviets in their gulags, or some mad regime—Pol Pot or others—that had no concern for human beings . . . ”

The right's response was predictably swift and savage. The Power Line blogger Paul Mirengoff commented that the senator “slanders his own country. Normally that kind of slander is uttered only by revolutionaries seeking the violent overthrow of the government.” Rush Limbaugh harrumphed that “Dick Durbin has just identified who the Democrats are in the year 2005, particularly when it comes to American national security and when it comes to the U.S. military. These are the same people that say they support the troops. This is how they do it, huh? They give aid and comfort to the enemy.”

Yet for once, Rush was outdone. John Carlson, host of a Seattle talk show and Washington State's unsuccessful Republican candidate for governor in 2000, said of Durbin, “This man is simply a piece of excrement, a piece of waste that needs to be scraped off the sidewalk and eliminated.” Bill O'Reilly of Fox News launched a preemptive attack on his few liberal counterparts, urging that the staff of Air America be jailed: “Dissent, fine; undermining, you're a traitor. Got it? So, all you clowns over at the liberal radio network, we could incarcerate them immediately. Will you have that done, please? Send them over to the FBI and just put them in chains, because they, you know, they're undermining everything.”

Once the Republican media had secured the ground and set the terms of debate, the party's representatives in Washington jumped into the fray. When Democratic House Leader Nancy Pelosi called the war “a grotesque mistake” that was “not making America safer,” the as-yet-unindicted Tom DeLay retorted that Pelosi “owes our military and their families an apology for her reckless comments,” and House Majority Whip Roy Blunt claimed that Pelosi's words had “emboldened” the enemy.

All of the crucial elements of the stab-in-the-back charge were now in place. Critics of the war were not simply questioning its strategy or its necessity, or upholding the best of American traditions by raising concerns over how enemy prisoners were being treated. Instead, they were aiding the enemy, and actively endangering our fighting men and women. They were traitors and “revolutionaries,” individuals who were “conducting guerrilla warfare on American troops,” and “excrement” who could now be safely incarcerated “immediately” or even “eliminated.”

It remained only for the chief Republican strategist, Karl Rove, to appear before a conservative party fundraiser in Manhattan on June 22 and tie up a campaign that bore all of his usual earmarks.

“Conservatives saw the savagery of 9/11 in the attacks and prepared for war; liberals saw the savagery of the 9/11 attacks and wanted to prepare indictments and offer therapy and understanding for our attackers,” Rove began, riffing on a proven theme from the 2004 presidential election, which sought to link Democrats not only with the terrorist attack on 9/11 but also with a generation of Republican assertions that liberals are “soft” on domestic crime. Rove then honed in on poor Dick Durbin's remarks: “Has there ever been a more revealing moment this year? Let me just put this in fairly simple terms: Al Jazeera now broadcasts the words of Senator Durbin to the Mideast, certainly putting our troops in greater danger. No more needs to be said about the motives of liberals.” (My italics.)

The conspiracy had expanded yet again. Not just Nancy Pelosi or Dick Durbin but all Democrats and all liberals were now firmly established as traitors, and it was not possible that they had made some honest gaffes; instead, their very motives were sinister.

When Rove's thunderous media offensive had finally subsided, however, a strange silence ensued. The popularity of his master, George W. Bush, continued to plunge in the opinion polls. Support for the war continued to plummet as well, and by July, Rove himself was thoroughly enmeshed in the Valerie Plame scandal, with all of the attendant implications about its manipulation of prewar intelligence. By November, Rove was forced to send out Bush and Vice President Dick Cheney themselves on a new “Strategy for Victory” campaign. Speaking on Veterans Day to an all-military audience at an army depot in Tobyhanna, Pennsylvania, Bush attacked Democrats who were saying they had been duped by the fraudulent intelligence the administration had used to secure their votes for war.

“These baseless attacks send the wrong signal to our troops and to an enemy that is questioning America's will,” Bush told the soldiers assembled for his photo op. “As our troops fight a ruthless enemy determined to destroy our way of life, they deserve to know that their elected leaders who voted to send them to war continue to stand behind them.”

Once again, criticism of the war in Iraq had been adroitly linked to criticism of the administration, and then to treason—something that would, somehow, magically empower the enemy and demoralize our own troops. Once again, unnatural enemies were striking at the heroic, Siegfried figures at the top of the administration, who struggled to get out their great truth that no intelligence had been manipulated and the Democrats were engaging in “revisionism.”

Yet still, somehow, Bush's numbers continued to plunge. What went wrong? How could such an infallible Republican strategy, conducted with all of the right wing's vast media resources at his command, have failed so utterly? How was it that the story of the stab in the back had lost its power to hold us spellbound?

* * *

What has really robbed the conspiracy theories of their effectiveness is how the war in Iraq has been conducted. Bush and his advisers have sought to use the war not only to punish their enemies but also to reward their supporters, a bit of political juggling that led them to demand nothing from the American public as a whole. Those of us who are not actively fighting in Iraq, or who do not have close friends and family members who are doing so, have not been asked to sacrifice in any way. The richest among us have even been showered with tax cuts.

Yet in demanding so little, Bush has finally uncoupled the state from its heroic status. It is not a coincidence that modern nationalism dates from the advent of mass democracy—and mass citizen armies—that the American and French revolutions ushered in at the end of the eighteenth century. Bush's refusal to mobilize the nation for the war in Iraq has severed that immediate identification with our army's fortunes. Nor did it begin with the Bush Administration. The wartime tax cuts and the all-volunteer, wartime army are simply the latest manifestations of a trend that is now decades old and that has been promulgated through peace as well as war, by Democrats as well as Republicans. It cannot truly be a surprise that a society that has steadily dismantled or diminished the most basic access to health care, relief for the poor and the aged, and decent education; a society that has allowed the gap between its richest and poorest citizens to grow to unprecedented size; a society that has paid obeisance to the ideology of globalization to the point of giving away both its jobs and its debt to foreign nations, and which has just allowed one of its poorer cities to quietly drown, should choose to largely opt out of its own defense.

Anyone who doubts that this is exactly what we have done need only look at how little the war really engages most of us. It rarely draws more than a few seconds of coverage on the local television news, if that, and then only well into the broadcast, after a story on a murder, or a fire, or the latest weather predictions. Even the largest and angriest demonstrations against our occupation of Iraq have not approached the mobilizations against the war in Vietnam, but a close observer will notice that we also have yet to see any of the massive counterdemonstrations that were held in support of that war—or “in support of the troops.” Such engagement on either side seems almost quaint now.

Who could possibly believe in a plot to lose this war? No one cares that much about it. We have, instead, reached a crossroads where the overwhelming right-wing desire to dissolve much of the old social compact that held together the modern nation-state is irreconcilably at odds with any attempt to conduct such a grand, heroic experiment as implanting democracy in the Middle East. Without mass participation, Iraq cannot be passed off as an heroic endeavor, no matter how much Mr. Bush's rhetoric tries to make it one, and without a hero there can be no great betrayer, no skulking villain.

And yet, a convincing national narrative, though it may be the sheerest, most vicious fiction, can have incredible staying power—can perhaps outlast even the nation that it was meant to serve. It is ironic that, even as support for his war was starting to unravel in May of 2005, George W. Bush was in the Latvian capital of Riga, describing the Yalta agreement as “one of the greatest wrongs of history.” The President placed it in the “unjust tradition” of the 1938 Munich Pact and the Molotov-Ribbentrop Pact, which together paved the way for the start of World War II in 1939. Bush's words echoed his statements of three previous trips to Eastern Europe, dating back to 2001, during which he had pledged, “no more Munichs, no more Yaltas,” and called Yalta an “attempt to sacrifice freedom for the sake of stability,” a “bitter legacy,” and a “constant source of injustice and fear” that had “divided a living civilization.”

The ultimate irony of Bush's perpetuating this ageless right-wing shibboleth is that for once it wasn't intended for home consumption. The Yalta myth has finally lost its old magic, here in historically illiterate, contemporary America. Nor did Bush make any special attempt to let his countrymen know he was apportioning them equal blame with Stalin and Hitler for the greatest calamities of the twentieth century.

Bush's pandering was directed instead to the nations he was visiting, in a region that still battens on any number of conspiracy theories. Why he should have so denigrated his own country to a few small Eastern European nations might seem a mystery, until one considers that this is the “new Europe” that Bush has solicited for troops for his Iraqi adventure . . . and where he appears to have found either destinations or conduits for victims of “extraordinary rendition,” en route to where they could be safely tortured in secrecy.

An American president, wandering the halls of Eastern European palaces, denounces his own nation in order to appease his hosts into torturing secret prisoners. Our heroic age surely has come to an end.

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