George W. Bush

Bushed!

Not so fast, Ted! Energy crisis solution: Less e-mail? "That's My Bush!" recap. Plus: Official gets egged in Seoul; the dirt on Bush's judicial nominees.

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Bush league: Nominee held up amid controversy

Ted Olson’s bid to become solicitor general has been derailed, at least temporarily. Hours after an article appeared in the Washington Post that challenged the veracity of Olson’s testimony in his April confirmation hearing, the Senate Judiciary Committee announced that the vote on his nomination has been delayed for one week. The conflict involves Olson’s responses regarding his involvement with the “Arkansas Project,” the effort funded by Clinton-hating billionaire Richard Mellon Scaife and affiliated with the American Spectator to dig up dirt on the former president and first lady. Salon first broke the news last week that Olson’s spoken testimony before the committee regarding the Arkansas Project conflicted with later written responses submitted to the Senate.

In the Post account, former Spectator writer David Brock alleged a much larger role in the project than Olson has ever admitted to.

David Carle, press secretary for the committee’s ranking Democrat, Patrick Leahy of Vermont, would not confirm whether the “Arkansas Project” questions or the Post article was a direct cause of the delay, but did acknowledge that Sen. Orrin Hatch, R-Utah, mentioned the Post story when the committee met in executive session earlier today. The committee now expects to vote on Olson’s nomination Thursday, May 17.

— Jake Tapper and Alicia Montgomery

Rant: The e-mail boogeyman

It was certainly heartening to read last week that President Bush, concerned about the fate of California residents coping with their electricity shortage, issued plans for federal agencies in the state to conserve energy. Hey, even if Vice President Cheney argues that conservation only makes people feel good about themselves but doesn’t really help solve the nation’s energy problems, maybe Cheney’s boss knows something Cheney doesn’t.

But who can say what was going through the minds of Bush and his energy secretary, Spencer Abraham, when they suggested that one of the steps federal workers in California might take to save energy was to send less e-mail?

Turning off computers is certainly a legitimate way to cut electricity use. But once those boxes are on, sending more or less e-mail isn’t going to have any impact on power consumption. If it did, surely the quickest path to electricity savings would be to outlaw spam.

– Scott Rosenberg

“That’s My Bush!” recap

The setup: The White House is throwing a “War on Drugs” party, and first mother Barbara Bush (played by eerie look-alike Marte Boyle Slout) drops by to “help” Laura Bush with the party. During the event, the 100-millionth “War on Drugs criminal” will be arrested on national television, and cuffed by Barbara Bush.

The subplot: Barbara hates Laura, whom she frequently refers to as “whore” and “slut,” and memorably accuses of marital infidelity by saying, “I can smell the man jam on you!” She is convinced that Laura will screw up the party and, on cue, the signs that Laura ordered arrive. Instead of reading “You must be high to do drugs,” the “to” has been deleted, and the red, white and blue sign now reads, split on two lines: “You must be high/Do drugs.”

The rub: “The 100-millionth War on Drugs criminal” turns out to be a 20-ish club kid in shiny orange clothes (“He looks like a Gummi Bear!” complains George) coming down from an ecstasy high. And he has ecstasy on him, which he hands over to the president, who soon mistakenly takes the pills.

The high jinks: Before the event, the president begins to trip, hard. He has his assistant, Princess, lock him into his bedroom, but he soon escapes and, following the hallucinatory image of a giant banana, descends on the party, where he begins to dance wildly before Laura and Barbara yank him offstage.

The switcheroo: “The 100-millionth War on Drugs criminal,” at George’s behest, turns the party into a rave. (Wacky maid Maggie is seen spinning in a panic, saying, “I’m in a K hole. I’m in a K hole.”) But as Barbara tries to take control of the event, Laura, captured by the microphone, tells her to stop trying to control her life. This prompts “the 100-millionth War on Drugs criminal” to say that Laura has taught him that drugs, like Barbara Bush, should not control his life, and he promises to use drugs only occasionally. He allows Laura to slap the handcuffs on him, to wild applause.

Reality ranking: Can sort of imagine the president on ecstasy (by accident, of course), and the lunacy of the war on drugs is aptly captured. Most impressively, Barbara Bush seems just as coarse and malevolent as we always figured she was. The score: 9 (out of a possible 10).

– Kerry Lauerman

Daily line

“Today’s bipartisan budget vote in the House is a victory for fairness and the American people. I commend Republicans and Democrats for joining together to pass a budget framework that will return money to the taxpayers and provide reasonable spending increases.”
– President Bush, in a statement released after the House passed his budget plan

Bush buzz

Bush was quick to praise Republicans and Democrats in the House for passing the budget resolution on Wednesday, crediting the spirit of bipartisanship for the success. But there was no such spirit in the House. The resolution passed 221-207 on a largely party-line vote. Just six Democrats sided with Bush, while three Republicans voted with the opposition, and Republican unity carried the day.

Now the budget resolution moves to the Senate, where GOP unity may be enough to win a vote but falls short of being able to stop filibusters. Though the Democrats have given the White House little reason to worry over passage of the budget, finding the final formula for tax cuts may yet raise partisan hackles. After cutting Bush’s tax cut from $1.6 trillion to $1.35 trillion, the Senate is now trying to pay for all the president’s tax relief from a smaller pot of money. Incomplete information about the defense budget and other programs could also bedevil the process. At a minimum, Republicans will probably have to compromise on their planned reduction of the highest income tax rate, currently 39 percent. Bush hopes to slash it to 33 percent, but the Senate GOP may split the difference at 36 percent.

Bush’s interventions helped the House Education Committee split the ideological difference in a last-minute dispute on Wednesday, salvaging a victory on his education reform policy. Bush’s entire education package is now ready to be debated by the full House. By courting liberal leader Sen. Ted Kennedy, D-Mass., Bush has ensured an easier ride for his education plan in that chamber. Some credit the skills of White House aide Sandy Kress, a Texas Democrat, for converting Kennedy into a friend of Bush.

Senate Democrats are ready to rumble over Bush’s first round of judicial nominees. Though they’ve protested what they consider the unfair rules imposed on the process by their Republican colleagues, Democrats in the Senate say they are prepared to give the 11 Bush picks a fighting chance.

The judiciary procedure battle has already snagged solicitor general nominee Ted Olson, though he helped by withholding information about his past connections to the Clinton-hating Arkansas Project. Salon broke the story last week, and the Washington Post has an item on it in Thursday’s issue.

Republicans in the Senate are fighting their own administration’s defense nominees. Senate Majority Leader Trent Lott, R-Miss., and others are delaying consideration of two nominations to protest what they consider Defense Secretary Donald Rumsfeld’s lack of communication. Rumsfeld is conducting a top-down review of American armed forces, and has apparently left Senate Republicans out of the loop. Meanwhile, GOP members in the House have joined some Democrats in decrying the administration’s freeze on new national park expansions. The new Interior Department policy is interfering with a plan by Speaker of the House Dennis Hastert, R-Ill., to make Ronald Reagan’s childhood home in Dixon, Ill., a historic site.

Not every GOP member is pleased with Bush’s hands-off approach to the rising cost of energy. Congressional Republicans from Western and farm states are worried that they will pay the price in the 2002 elections if Bush doesn’t step in to help fix skyrocketing fuel prices. But Bush is willing to take some government action to keep the power flowing in tough times. The administration wants Congress to expand the government’s authority to seize private land and turn it over to electric companies for the construction of new power lines.

Meanwhile, Bush is set to name John Walters to the post of drug czar Thursday morning, and Rep. Asa Hutchinson, R-Ark., will become the head of the Drug Enforcement Administration. Many critics of the war on drugs believe that these officials will demand too many resources for law enforcement and not enough for the treatment and rehabilitation of addicts.

And don’t miss former President Clinton getting the cold shoulder from an exclusive country club near his New York home. Aides expect that the golf-loving Clinton will get into a less discriminating establishment soon. Protesters in South Korea gave Deputy Secretary of State Richard Armitage another serving of eggs after he completed a breakfast meeting with that country’s leaders. A handful of demonstrators, unhappy with U.S. attempts to secure South Korean support for U.S. missile defense, pelted his car with raw eggs.

Thursday schedule: In a morning Rose Garden ceremony, Bush announces the new chief of the Office of National Drug Control Policy. In the afternoon he goes to the Vienna Madison Community Anti-Drug Coalition in Virginia. He then returns to the White House to have his picture taken with this year’s NCAA men’s hockey champions from Boston College.

– Alicia Montgomery

This day in Bush history

May 10, 1986: According to a poll published by Audits & Surveys Inc., the majority of respondents, 22 percent, picked Vice President George Bush as the person they would most like to become president, followed by Chrysler Corp. chairman Lee Iacocca with 11 percent. The Rev. Jesse Jackson and New York Gov. Mario Cuomo received 7 percent each.

Bush league

Now that the president has announced his first 11 nominees to the federal bench, only two of them are virtually guaranteed to win their posts with little difficulty. Roger Gregory, whom former President Clinton had placed on the 4th U.S. Circuit Court of Appeals using a recess appointment, has been nominated to keep that spot on the bench permanently. And Barrington Parker Jr. is a New York district judge whom Bush has nominated to the 2nd U.S. Circuit Court of Appeals.

Gregory and Parker are both considered locks for approval. Both are black Democrats, meaning they make up two-thirds of the racial diversity and all of the partisan diversity Bush boasts of in this first batch of nominees. Gregory has also become a symbol in the partisan Senate battle over judicial appointments, and Democrats on the panel are unlikely to clip this olive branch from Bush.

The other nine nominees, however, may incur the wrath of Senate Democrats. Here are a few reasons why:

Terrence Boyle, a North Carolina District Court judge, nominated to the 4th U.S. Circuit Court. In March 2000, Boyle ruled that race could not be considered as a factor in drawing the boundaries of his state’s 12th District. The U.S. Supreme Court overturned that decision just three weeks ago. Boyle could also be hounded by his position, articulated in a 1998 ruling, that government bans on political contributions are a violation of the First Amendment. Boyle has the avid support of his former boss, Sen. Jesse Helms, R-N.C. Former President Bush picked Boyle for a federal judgeship — a nomination that died after Clinton took office — and Helms blocked two black North Carolina jurists whom Clinton nominated to sit on the 4th U.S. Circuit Court in retaliation. Now the state’s junior senator, Democrat John Edwards, is threatening to stall Boyle’s nomination again.

Edith Brown Clement, a District Court judge in New Orleans, nominated to the 5th U.S. Circuit Court. In 1988, Clement donated $1,000 to the elder Bush’s failed presidential bid, and she won her current post in 1991 after the younger Bush passed along a recommendation for her to his father’s advisors. Those with ideological concerns about Clement will likely seize on her membership in the Federalist Society, a conservative/libertarian legal think tank, and her history of attending no-cost seminars funded by the Carthage Foundation, led by Clinton hater Richard Mellon Scaife.

Deborah Cook, an Ohio Supreme Court justice, nominated to the 6th U.S. Circuit Court. Her rulings have made Cook a favorite among conservative activists. Cook dissented from a Ohio Supreme Court decision in January that revived the city of Cincinnati’s efforts to hold firearms manufacturers legally liable for gun violence. She also dissented from two of her court’s other high-profile decisions: one to toss out state-imposed limits on jury awards in civil cases and another that found that Ohio’s public education funding system violated the state’s constitution by allowing serious disparities in quality between rich and poor schools to persist. Cook and her husband are also avid contributors to Republican causes, having donated more than $10,000 to GOP committees and candidates since 1997, including a $1,000 gift in 1999 to Bush’s presidential campaign.

Miguel Estrada, a partner in the law firm of Gibson, Dunn & Crutcher, nominated to the D.C. Circuit Court of Appeals. The lone Latino on the list, Estrada is a partner in the same firm that Ted Olson works for. Olson, Bush’s choice for solicitor general, argued the Florida recount case before the Supreme Court in December. Eugene Scalia, son of Supreme Court Justice Antonin Scalia, is also a partner at the firm, and was just nominated by Bush to be the top attorney at the Department of Labor. Estrada gave $1,000 to Bush’s presidential effort and an additional $1,000 to the Republican National Committee during the 1999-2000 election cycle. He is likely to come under increased scrutiny because the D.C. Circuit Court has been the training ground for a third of the justices currently serving on the Supreme Court — Scalia, Ruth Bader Ginsburg and Clarence Thomas.

Michael McConnell, a law professor at the University of Utah, nominated to the 10th U.S. Circuit Court. He has earned fans among religious conservatives and enemies among secularists for his strong positions in favor of softening the divide between church and state. In 1992, McConnell wrote that “we must therefore reject the central animating idea of modern Establishment Clause analysis: that taxpayers have a constitutional right to insist that none of their taxes be used for religious purposes.” Americans United for the Separation of Church and State wasted no time in attacking McConnell’s nomination, with its executive director, the Rev. Barry W. Lynn, calling him “the religious right’s dream court nominee” and further charging that McConnell “makes [Robert] Bork look moderate.”

Priscilla Owen, a Texas Supreme Court justice, nominated to 5th U.S. Circuit Court. Other than her reputation as a conservative, Owen’s record is largely free of the ideological red meat that her fellow nominees are saddled with. However, she did donate $1,000 to Bush’s presidential exploratory committee in early 1999, and was tangled in a campaign finance controversy of her own. Elected to the bench in 1994, Owen ran unopposed in the 2000 race. That didn’t stop Owen from raising close to $300,000. After it became clear that she wouldn’t have any competition, Owen returned $103,000 in contributions, but held onto more than $96,000 to pay expenses for her six-year term. The rest had already been spent on her campaign.

John Roberts Jr., a partner at the firm of Hogan & Hartson, nominated to the D.C. Circuit Court. A former deputy solicitor general who served under Ken Starr from 1989 to 1993, Roberts was originally chosen for a federal judgeship by Bush the elder, though that nomination was never acted on. He has argued more than 30 cases before the Supreme Court, and in 1991 and 1992, he argued as a “friend of the court” on behalf of anti-abortion protesters.

Dennis Shedd, a South Carolina District Court judge, nominated to the 4th U.S. Circuit Court. When he was nominated for his current position in 1990, the American Bar Association gave Shedd a low rating. His detractors claim that Shedd’s judgeship was a reward for his 10 years of work for Sen. Strom Thurmond, R-S.C., and Shedd was speedily confirmed despite having fewer than two years of experience practicing law prior to his nomination. From the bench, Shedd ruled against a state agency that sought to subject South Carolina Citizens for Life Inc. to campaign finance laws, and also ruled that AIDS and HIV patients seeking state insurance were not covered by the Americans with Disabilities Act.

Jeffrey Sutton, an Ohio attorney, nominated to the 6th U.S. Circuit Court. Just days ago, Sutton argued a case before the U.S. Supreme Court that would kill a Massachusetts law that prevents tobacco companies from advertising near schools and playgrounds. Sutton, who once clerked for Justice Scalia and retired Justice Lewis Powell, has also gained attention as a states’ rights crusader. He recently scored victories in two cases before the Supreme Court — one that prevents state employees from suing their employer under the Americans with Disabilities Act and another that threw out a racial discrimination suit based on Alabama’s English-only driving exam. In 1999, Sutton made a $1,000 donation to Bush’s presidential campaign.

– A.M.

Burning Bush

Links to the Web’s best sites for hardcore Bush watchers.

Send questions, comments and tips to bushed@salon.com.

Bushed! contributors: Eric Boehlert, Gary Kamiya, Kerry Lauerman, Daryl Lindsey, Alicia Montgomery, Fiona Morgan, Jake Tapper, Joan Walsh, Anthony York

Take a look at the previous edition of Bushed!

Guess who’s coming to dinner?

George and Laura Bush dine with the Obamas

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Judy Gold

Emmy Award-winning actress and comedian Judy Gold is best known as the star of her two critically acclaimed off-Broadway shows, "The Judy Show - My Life As A Sitcom," and "25 Questions For A Jewish Mother." Judy has had her own comedy specials on HBO, Comedy Central and Logo. She appears regularly on Tru TV's World"s Dumbest. Check out www.JudyGold.com and follow her on Twitter at @JewdyGold.

Using Bush’s playbook

"Karl Rove politics" aren't quite dead: Obama's strategy in 2012 will mirror W's in 2004

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Using Bush's playbookGeorge W. Bush and Barack Obama (Credit: Reuters/Larry Downing)

Barack Obama’s presidency was born from nothing so much as his repudiation of George W. Bush’s administration — its policies and politics, its style and tone. One of Obama’s most effective 2008 stump speech refrains was his promise to end the era of “Scooter Libby justice, ‘Brownie’ incompetence and Karl Rove politics.”

But the political dynamics for winning a second presidential term often differ markedly from winning the first. So don’t be surprised by many eerie parallels between Obama’s 2012 reelection bid and Bush’s 2004 campaign. The president may not rely upon “Karl Rove politics” in the strictest sense, and nobody would confuse David Axelrod with Rove. But Obama’s reelection route and rhetoric may bear more than a few Rovian hallmarks.

Now that Mitt Romney has won the Republican nomination, two key features prevail over the 2012 campaign — and both were also plainly evident in 2004. First, the incumbent president’s reelection fortunes are far from certain; and, second, the incumbent faces a decent but nevertheless weak challenger who is further hampered by internal problems within his party’s coalition.

Because incumbents can’t run for reelection promising “change,” and because “hope” during a lingering recession was also off the menu, the Obama campaign’s 2012 theme of  “forward” — a word that often follows “plow,” mind you — was the best available alternative. That said, and substituting the economy for terrorism, Obama is implicitly if not explicitly advancing the same theme Bush did in 2004: America suffered a tough blow, but the situation could have been worse and, more to the point, under my stewardship the nation is steadily regaining its footing.

This counterfactual campaign theme — vote for me not because of what happened, but what might have but didn’t — is a common thread for Bush and Obama. It’s not an uplifting message, but it sufficed in 2004 and Obama is counting on it working again in 2012.

Politics 101 further dictates that when an incumbent’s reelection is in doubt, he must go negative against the challenger. Obama political operatives in the White House and at the Democratic National Committee long ago made it abundantly clear they were willing to do just that. Team Obama may not go negative against Romney to the degree the Bush camp did against John Kerry in 2004. (By mid-summer 2004, 75 percent of Bush’s TV ads were negative attacks on Kerry.) But don’t be surprised if attacks on Romney’s record and even character are plentiful, harsh and relentless. In 2008, America saw candidate Obama’s toothy grin; four years later, expect to see President Obama’s fangs.

Expect the Obama camp to emphasize two major critiques of Romney: that he is a flip-flopper willing to say anything or reverse any position to win; and that he is an economic royalist whose personal and public life suggest a person incapable of understanding the lives and struggles of average Americans. Again — note the unusual parallels with 2004.

Although Romney is a Republican former governor and Kerry was at the time his state’s Democratic junior U.S. senator, the two Massachusetts pols make for similar targets. Each man is an extraordinarily rich preppie and Ivy Leaguer. Each represents the liberal wing of his respective party. Each has shown a propensity for ruining an otherwise valid point with sloppy, backfiring language. And each has a reputation for lacking political spine.

The flip-flop frame is candidate character assassination of the first order. Like the lone negative number in a string of multiplied positives, the critique that nobody can trust any statement or claim made by a politician has the potential to negate every accomplishment or promise. If it sticks, it can be fatal, as Kerry learned in 2004.

Obama and the Democratic National Committee know their electoral history and, sure enough, last November — a year before the election and two full months before a single Iowan had caucused — the DNC released a four-minute “Mitt vs. Mitt” ad and its accompanying website with the damning tag line, “the story of two men trapped in one body.” The site is a brilliant homage to the Bush campaign’s 2004 windsurfer attack ad and the devastating, 11-minute ad the Republican National Committee produced chronicling Kerry’s “evolution” on Iraq.

And then there is what might be called “the Willard factor”: Romney as Richy Rich, the Monopoly Guy with the Bain Capital background and the Swiss bank account. His bio would be political gold to Romney’s opponent any election cycle, but it’s gold-plated platinum in the first full presidential campaign following the biggest economic crisis since the Great Depression, the rise of the Occupy Wall Street movement, and the long overdue national debate over income inequality.

Again, the wealth-personified line of attack mirrors the out-of-touch, Martha’s Vineyard yoke the Bush team put around Kerry’s neck in 2004. Right on cue, in the first public event of his reelection campaign, last week Obama attacked Romney by name and invoked the economic disconnect card with relish. “He sincerely believes that if CEOs and wealthy investors like him make money the rest of us will automatically prosper as well,” said Obama of Romney, adding that “corporations aren’t people – -people are people.” (For the record, Kerry is actually wealthier than Romney, who would become one of the richest men ever to occupy the White House, should he win.)

Obama will also try to shift the national debate toward areas of strength, as Bush did. Historically, this meant the same strategy, but with inverse implications for each party: The so-called mommy party Democrats would encourage voters to focus on more favorable kitchen-table economy issues — healthcare, jobs, education — and away from less favorable “daddy party” Republican issues surrounding foreign wars abroad and culture wars. Because Obama is net-positive in foreign policy approval and net-negative on the economy, rather than mirroring by inversion, Obama will try to duplicate Bush’s shift-in-emphasis in 2004. GOP complaints that Obama is politicizing the killing of Osama bin Laden reveal Republican fears that Obama is going to play the terrorism card in 2012 just like Bush did eight years ago.

The 2004 parallels extend beyond message. Obama will be amply resourced and enjoy a field technology by virtue of his campaign’s state-of-the-art Web, donor, volunteer and social media innovations. Remember the Bush reelection campaign’s vaunted “72-hour” voter turnout model? That seems like an Edsel compared to the Ferrari the Obama team will be sporting this summer and fall. Among the perquisites modern presidential incumbents enjoy is the option to test-drive the best mobilization machines before anyone else.

Finally, what most connects Obama 2012 to Bush 2004 is the stability of the electoral map itself. Only three states — two net to Bush — flipped from one party to the other between 2000 and 2004; only nine states flipped between 2004 and 2008. Split the difference and a good, back-of-the-napkin over-under for number of states likely to flip between 2008 and 2012 is six. And thus, like the lead sailboat during a windless race, Obama doesn’t need or want conditions to change much from 2008: He merely has to replicate the map that swept him into office, with the burden of figuring out how to shake up the Electoral College falling to Romney, just as it did for Kerry against Bush. Even Karl Rove’s mapping of the 2012 election concedes this reality.

The 2008 election was memorable; to borrow the title of one best-selling chronicle, it was a “game changer.” But 2012 will not be. In many respects, it will be a game repeater, with Obama playing Bush to Romney’s Kerry of 2004. The president may be asking Americans to look “forward” in 2012, but the best preview of his reelection campaign can be found by looking backward eight years.

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The Bushies are back

Missed the neocons? Don't worry: Mitt Romney's getting the band together again

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The Bushies are back (Credit: Reuters/Win McNamee)

There was good reason for Republicans to cry foul over the Obama campaign’s advertisement highlighting the president’s killing of Osama bin Laden; the GOP has lost its decades-long edge on national security. According to a Washington Post poll, “By a margin of more than 2 to 1, Americans say the president’s handling of terrorism is a major reason to support rather than oppose his bid for reelection.”

Republicans lost their popularity on security issues for one reason: George W. Bush’s foreign policy was a disaster. And yet, the party’s nominee, Mitt Romney, has assembled a foreign-policy team composed almost exclusively of individuals with the same war-always mentality and ideology that served Bush — and the United States — so poorly. In some cases, the exact same men responsible for Bush’s catastrophic national security policies are advising Romney. The former Massachusetts governor could have included some of the pragmatists and realists from the George H.W. Bush administration. Instead, a Romney presidency seems like it would be Bush 43 all over again.

Richard Grenell, who served as United Nations spokesman under Bush, may be gone from the Romney campaign after an uproar over his sexuality, but there are plenty more former Bushies. First off, there are Romney’s “special advisors.” There’s Michael Chertoff, W.’s Homeland Security director. Chertoff oversaw DHS’s failures during Hurricane Katrina, and amassed unprecedented powers of secrecy. Next up is Eliot Cohen, counselor to the State Department for Bush’s last two years and on the Defense Policy Advisory Board for the president’s entire term. Cohen was an adamant supporter of the Iraq War and advised Bush directly on the issue. Or take Cofer Black, the man who infamously said to Bush in September 2011 about al-Qaida that “When we’re through with them they will have flies walking across their eyeballs.” Black went on to become chairman of Blackwater, where he resigned after the company illegally bribed Iraqi officials.

Then there are the 13 “working groups” composed of equally worrisome individuals. The Middle East and North Africa Working Group is co-chaired by Bush’s Assistant Secretary of Defense Mary Beth Long, and Meghan O’Sullivan, Bush’s special assistant and deputy national security advisor for Iraq and Afghanistan. The remaining co-chair is Walid Phares, who never worked for Bush but advised Lebanese warlords in the 1980s. Romney has reportedly promised Phares a top job in his administration, despite his virulently anti-Islamic views.

All told, Romney lists 37 holdovers from the George W. Bush administration — the very same administration he and all other Republican candidates barely referenced during their many debates because it was so discredited and toxic, even to the Republican base.

It didn’t have to be this way. There are, in fact, people in Republican circles who are sensible on international affairs. The Cato Institute, in particular, has experts that could dramatically change the direction of American foreign policy. Men like Justin Logan and Christopher Preble were prescient on Iraq and a host of other issues. Similarly, the Center for the National Interest (formerly the Nixon Center) has a host of solid scholars, including ones like Dimitri Simes and Geoffrey Kemp, who have valuable government experience in the Nixon and Reagan administrations, respectively, and a history of perceptive analysis. Richard Haass, president of the Council on Foreign Relations, would have been another good pick.

So why aren’t guys like this being tapped? Why is the GOP sticking with a discredited foreign-policy approach rather that looking to its own past for wiser counsel? “Most of the realists and pragmatists have simply been driven out of the Republican Party,” says Stephen Walt, who writes a blog at Foreign Policy and teaches at Harvard. “The neoconservatives have been driving the agenda since Bush was elected and they remain well-entrenched.”

Another factor is that the Republican Party’s base remains strongly militaristic and reluctant to recognize limits on American power. Jon Huntsman’s failed presidential campaign illustrated that problem. The good news is that nobody seems to be calling for nation-building and occupying foreign countries in the mold of Iraq and Afghanistan. But that’s the only lesson that seems to have been learned from the last decade of foreign-policy debacles.

Finally, it may just be that the United States has too much power to change course. While the Unites States has undoubtedly made disastrous decisions in the last decades, it is so powerful that it is largely insulated from the consequences of them. If Romney’s foreign-policy advisor list is anything to go by, a Romney administration would have to teach the U.S. all over again about the problems with trying to police the world. Prepare for Bush redux.

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Jordan Michael Smith writes about U.S. foreign policy for Salon. He has written for the New York Times, Boston Globe and Washington Post.

Bush aide blasts torture

Philip Zelikow tried to warn Bush on interrogations. Now he's penned an authoritative article on how he was ignored

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Bush aide blasts torture (Credit: Reuters/Jim Young)

The Bush administration hasn’t heard the last from Philip Zelikow. After the rediscovery last week of his long lost 2006 anti-torture memo, Zelikow, a former State Department official, has written arguably the most damning article yet about U.S. government’s interrogation policies from 2001 to 2009. The article, called “Codes of Conduct for a Twilight War,” will be released in a forthcoming issue of the Houston Law Journal, and was obtained exclusively by Salon. Says Zelikow in an email: “I’m not aware of other accounts that combine historical, policy and legal approaches to” the subject of the Bush administration’s interrogation methods.

Based on published histories and his firsthand observations, and adapted from a lecture delivered in November, the article calls the administration’s rationale for its use of torture — which he nonetheless insists only on calling “extreme interrogation” and “coercive methods” — “radical,” “an amazing contention,” “untenable and extreme,” “unsustainable,” “an unprecedented program of coolly calculated dehumanizing abuse and physical torment,” and, finally, simply a “mistake.” He concludes: “This was a collective failure of American public leadership, in which a number of officials and members of Congress (and staffers) of both parties played a part, endorsing a CIA program of physical coercion without any precedent in U.S. history.”  In fact, “The only defense against criminal prosecution would be that officials acted in good faith reliance on the advice of their government lawyers.”

Part of what makes Zelikow’s analysis so damning and definitive is its judiciousness. The article is deeply empathetic of the uniquely fearful situation under which the Bush administration was initially operating. Zelikow calls the Sept. 11 attacks a “collective trauma” and a “shoc[k] to mass beliefs.” He notes that Bush and others spent time in burn units, morgues and with survivors of the attacks. One traumatic experienced often overlooked — overlooked because it appeared in Stephen Hayes’ stenographic biography of Dick Cheney — was that the vice-president’s daughter was (falsely, it turns out) told that her house with her children in it had tested positive for anthrax. Similarly, Cheney and National Security Advisor Condoleezza Rice were told that they and others had been exposed to an extremely lethal toxin in a particular area of the White House — and might soon die as a result. “The alarms did not stop and they too were not abstract … The pressure on Bush and his senior advisers was so direct because so much of the response had to be invented and improvised,” the article reads.

An additional factor in the power of the article is Zelikow’s credibility and history. Before entering government, he was a civil rights lawyer in Texas battling the Ku Klux Klan and then a highly esteemed Harvard historian specializing in U.S. foreign policy — he co-authored one book with Rice. He then served on the National Security Council under President George H.W. Bush and directed the 9/11 Commission before becoming counselor to Rice at the State Department from 2005 to 2007. He currently volunteers part-time on the President’s Intelligence Advisory Board under President Obama.

Such bipartisan, establishment credentials render the breakdown and conclusion of this article all the more damning. He believes that what should have been a political and moral question — should the United States torture captives? — became strictly a legal matter left up to government lawyers, few of whom had any experience with these issues, and who had to take the necessity of extreme measures as a given. “These lawyers then became secular priests, granting absolution to the supplicant policymakers,” Zelikow writes.

The problems began when the Office of the Vice President and the CIA took central roles in policymaking. Cheney felt himself above the rest of the National Security Council, bypassing Rice and other traditional channels of national security policymaking. Ad-hoc decision-making and improvisation became “a habit of thought,” which seemed initially to pay off in the security of the nation, as well as in Bush’s political standing and self-confidence.

With Cheney and CIA head George Tenet “the key entrepreneurs in setting codes of conduct for the War on Terror,” it was essentially left to their obsequious lawyers to decide, in secret, on the interrogation methods America should employ. Bush even told the Senate’s Intelligence Committee chairman that “the vice president should be your point of contact … [He] has the portfolio for intelligence activities.” Decisions were made to jettison international treaties. By December 2001, the CIA was already interested in reverse-engineering methods “heretofore used only to treat Americans to resist enemy torture.” When a senior al-Qaida member was captured in March 2002, the prototype for the administration’s torture policies was already developed. “So, for the first time in American history, leaders of the U.S. government carefully devised ways and means to torment enemy captives.”

Zelikow notes that “None of the policy or moral issues connected with these choices appear to have been analyzed in any noticeable way.” Perhaps worst of all, no serious consideration was given to weighing the costs of benefits of the torture program, with reference to relevant historical precedents and/or examinations of the respective French, British and Israeli experiences in dealing with captured terrorists. “Bush and Rice should have insisted on this,” Zelikow writes.

The 52-page article observes the successes of Obama’s counterterrorism policies after repudiating the use of torture. On the basis of the empirical evidence then, “[t]here is no evident correlations between intelligence success and the available of extreme interrogation methods,” no matter what Bush and Cheney claim. Finally, “The program’s costs — which include the high-level effort expended in order to establish, maintain, and defense the program — appear on the evidence so far to have well outweighed any unique value the program might have had as a method of counterterrorism intelligence collection.” This is apart from the damage to America’s international standing and corrosion of its traditional values.

Zelikow concludes his analysis by arguing that, although the Obama administration has the right to wage war and use extralegal methods to defeat al-Qaida, its claim of that authority to defeat “associated forces” is unwarranted. “The U.S. government should publish and explain any overarching policy and legal documents that guide and confine the conduct of deadly operation against its foreign enemies … the executive branch of the U.S. government has a duty to articulate the scope of its warfare to the Congress and the public.” The Bush administration’s unprecedented elevation of torture to national policy may be history, but the job to get U.S. foreign policy in line with its constitutional and moral obligations is far from over.

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Jordan Michael Smith writes about U.S. foreign policy for Salon. He has written for the New York Times, Boston Globe and Washington Post.

Thomas Kinkade, the George W. Bush of art

The rise and fall of Thomas Kinkade, the Painter of Light™ in a decade of bad faith

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Thomas Kinkade, the George W. Bush of art

News of Thomas Kinkade’s death arrived on the same day I received in the mail a vintage teacup on which I had spent a ridiculous amount of money. It has a cottage painted on it. Kinkade, whose work has long exerted a morbid fascination for me (to the concern of all my friends), specialized in cottages. So some part of me understands the appeal, I guess, but, damn: Those paintings make my corneas hurt. And yet, I could barely stop looking at them.

Kinkade was only 54, and his family told the media that he died of “natural causes.” This comes after years of reports of drunken public misbehavior: cursing at people who tried to save him from falling off bar stools, heckling Siegfried & Roy, grabbing a woman’s breasts at a publicity event and, most memorably, urinating on a Winnie the Pooh statue at the Disneyland Hotel while proclaiming, “This one’s for you, Walt!” There were DUI arrests. Also, his manufacturing company declared bankruptcy two years ago, and former franchisees of the once-ubiquitous Thomas Kinkade Signature Galleries won settlements against him for fraud.

That’s quite a fall for a man who frequently spoke of his Christian faith and family values when asked to comment on the mammoth success of his brand in the early 2000s. “When I got saved, God became my art agent,” Kinkade explained in a 2004 video. He went from a childhood in Placerville, Calif. (invariably characterized as “hard-scrabble”) to an apprenticeship selling his work in supermarket parking lots to his apotheosis as the nation’s “most profitable” artist, the Painter of Light™, and multimillionaire. He was profiled in the New Yorker by Susan Orlean.

I first learned about the dark side of the Painter of Light™ — sorry, couldn’t resist that one — when I reviewed “his” novel, “Cape Light,” in 2002. The novel, first in a series, was produced much as his paintings are: by a semi-industrial process in which low-level apprentices embellish a prefab base provided by Kinkade. He wasn’t the only artist to work in this way; he wasn’t even the only novelist. To the best of my knowledge, his novels — heartwarming, fuzzily pious tales of small-town life — have been coming out ever since, one more facet of a lifestyle brand that, at its most ambitious, included an entire Thomas Kinkade-themed housing development.

My review was just a goof intended to amuse Salon’s readers, but after it appeared, I began to receive emails from people who had sunk their life savings in Thomas Kinkade Signature Galleries (essentially, mall and shopping-district outlets for his prints) and been fleeced. I didn’t really understand how the financial architecture of Kinkade’s gallery empire worked, and I sure didn’t share their taste in wall art, but these people struck me as decent and sincere. They’d believed in Thomas Kinkade — not just in the man or the company, but in the ethos supposedly represented by his work, one in which (to quote Kinkade’s introduction to “Cape Light”) “people have the time to savor life’s simple pleasures” and lead “deep, satisfying lives.”

My conversations with these victims made me uneasy. Was there some relationship between the franchisees’ naivete, perhaps even their willful self-delusion, and their terrible taste? Was it hopelessly snobby to wonder that? What about Kinkade himself? He seemed to be at best a hypocrite and at worst a crook. Was there a meaningful connection between his bad conscience and his bad art? German thinkers of the 1930s would have said so, and they had plenty of opportunity to observe bad fascist art up close. Hermann Broch maintained that someone who chooses to make kitsch is “ethically depraved, a criminal willing radical evil.” The novelist Milan Kundera believes kitsch to be the natural expression of totalitarianism. That’s a lot of moral weight to place on a bunch of garish cottage paintings, but Kinkade was always the first to present his work as a form of ideology.

I felt compassion for the ripped-off gallery operators, and at the same time I was aware that quite a few of them had probably also fallen for the similarly sanctimonious, bogus folksiness of George W. Bush, thereby subjecting our nation to one of the worst presidents in its history. Kinkade and Bush struck me as of a piece, probably because they had both borrowed from Ronald Reagan in promising that we could get back to a better way of life that never existed in the first place. In nearly every encounter with the press, Kinkade delivered a diatribe against the art-world “establishment” that had shut him out. They were “elites” touting unfathomable, downer junk to hardworking people who needed uplift instead. Art snobs were the aesthetic counterparts of the so-called liberal elites, a group that surely included me.

At the same time, I must admit that I, too, like a cottage. Granted, I like the stylized, art-deco kind painted on bone china, rather than the insanely detailed and phosphorescently lit specimens in Kinkade’s pictures. And I’m in little danger of equating my new teacup with a Brancusi just because it’s cheerier. Nevertheless, I suspect that my idea of what’s pleasing about a cottage isn’t too different from that of Kinkade’s fans: an aura of harmless coziness, of modest domestic beauty and comfort not too cut off from the past. It’s as if we’re speaking the same word, but in different languages.

I suspect this is why Kinkade’s paintings have exerted their weird, hypnotic effect on me. They are so preposterous (especially the stream-side ones; he really needed to sit down with an architect and go over the basics of drainage), so awful. And yet I can still detect — beneath that cacophony of hollyhocks and cobblestones and snapdragons — the whisper of something intelligible. I’m pretty sure I know why the hordes of Kinkade collectors love his work, even if I don’t like it myself. Kinkade’s paintings are irredeemably false, like all kitsch, but through them you can just barely glimpse the honest desires they seek to exploit, sinking under the dreck.

Kundera defined kitsch as “the absolute denial of shit,” meaning it offers an airbrushed, sterilized, sentimentalized view of the world. From that, it doesn’t necessarily follow that art wallows in shit, but art doesn’t exist for the primary purpose of denying it, either. Kitsch is, first and foremost, a lie; its very existence is founded on bad faith.

Kinkade, like Bush, peddled a falsely simplified image of the world — one without mildew or flooded basements, for one thing — which, no surprise, turned out to be plastered over a whole lot of stinky stuff. The true believers, the ones who bought into these men the most during the 2000s, ended up paying some of the highest prices, from the Kinkade acolytes who invested in his gallery Ponzi scheme to the working-class red-staters who sent off their kids to die in a pointless war. Bad taste, harmless as it may seem, can end up costing you a lot.

Further reading

Los Angeles Times obituary for Thomas Kinkade

Susan Orlean’s 2001 profile of Thomas Kinkade for the New Yorker

A 2006 Los Angeles Times story documenting Kinkade’s business problems

Salon’s Janelle Brown visits Hiddenbrooke, a Kinkade-theme housing development in Northern California

Laura Miller reviews “Cape Light,” a novel by Thomas Kinkade and Katherine Spencer

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Laura Miller

Laura Miller is a senior writer for Salon. She is the author of "The Magician's Book: A Skeptic's Adventures in Narnia" and has a Web site, magiciansbook.com.

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