George W. Bush

Bush’s reefer madness

Terrified that an increasingly pot-tolerant America will spell the end of their moral crusade, the president's anti-drug warriors are making a last stand over marijuana.

The new front in the nation’s drug war came into sharp focus at 7 a.m. on Sept. 5, when loud shouts and stomping woke Valerie Corral at her home north of Santa Cruz, Calif. Suspecting that the intruders weren’t ordinary burglars, she snuck out a back entrance and walked around to her front door to tell them to leave. When she opened the door, stunned federal agents in flak jackets trained M-16s on the 50-year-old homeowner. When she asked to see a search warrant, the officers screamed at her to get down. They pushed her to her knees, then forced her to lie face down on the floor. With her hands handcuffed behind her back, an officer pressed his rifle muzzle to the back of her head.

Valerie Corral tried explaining to the agents (there were about 30) that she and her husband, Michael, 53, ran Wo/Men’s Alliance for Medical Marijuana, a legal cooperative in California that has grown the drug for 250 terminally ill and sick patients, many with cancer or AIDS, for almost nine years. Twenty-two of their clients have died in the past 12 months — but to the officers from the U.S. Drug Enforcement Administration, that didn’t matter. The DEA took Valerie, still in green silk pajamas, and Michael to a federal detention center in San Jose. Under the Federal Controlled Substances Act, marijuana is a Schedule 1 drug — dangerous and with no possible medicinal value — right up there with heroin. Not only did they uproot and seize 167 marijuana plants, but they also confiscated the co-op’s patient list.

“We do not target drug users,” insists Will Glaspy, a DEA spokesman in Washington. “We target drug traffickers. There is no such term as ‘medical marijuana,’ except as created by the marijuana lobby.”

In California and other states — including three that will feature marijuana initiatives on Tuesday’s ballots — the marijuana lobby happens to be the voters. Valerie, who smokes pot to control grand mal epileptic seizures, worked to legalize medicinal marijuana in Santa Cruz county in 1992. Four years later, she helped draft California’s Proposition 215, which lets patients who have a doctor’s recommendation grow and use marijuana. So, on Sept. 17, in defiance of President Bush, DEA chief Asa Hutchinson and drug czar John Walters, the Corrals along with Santa Cruz Mayor Christopher Krohn, most of the city council members and a county supervisor handed out pot to patients on the steps of city hall. And under state and local law, it was perfectly legal to do so.

“When you look down the barrel of a gun, it’s frightening,” Valerie says. “But when you face illness or death, the inhumane actions of the government pale.”

In the last year, especially, the Bush administration has renewed the war on marijuana with a vengeance — only this time, it is a war that pits the federal government against the majority of the American people, and sometimes against state and city officials and even local police officers. Headed by religious conservatives who take an absolutist stance against drugs, the Department of Justice, the DEA and the White House’s Office of Drug Policy are using the might of the federal government and millions of dollars worth of advertising in an effort to roll back the public’s growing acceptance of marijuana as a medicine and the desire to decriminalize possession of the drug in small amounts. Walters and his allies appear to realize that if they don’t stop the acceptance of marijuana now, then the war on drugs as we know it will be forever altered.

The government’s drug warriors have already lost ground. Since 1996, eight states have followed California’s lead and passed laws allowing cannabis to be used for medicinal purposes with a physician’s recommendation: Alaska, Arizona, Colorado, Hawaii, Maine, Nevada, Oregon and Washington. Tuesday, voters in Arizona and Nevada will decide whether to take steps to decriminalize possession of small amounts of the drug. Voters in Ohio will decide whether to allow treatment instead of jail time for some drug users. Even if these ballot initiatives fail, the mere fact that voters are considering them suggests that their ardor for the war on drugs is waning.

The federal government has been trying to outlaw cannabis since the ’30s. In 1937, Harry Anslinger, the newly named commissioner of the Federal Bureau of Narcotics, testified before Congress that “marijuana is an addictive drug which produces in its users insanity, criminality, and death.” The American Medical Association opposed passage of the act and recommended that the drug’s status as a medicine be maintained. Congress declined to ban marijuana, but in the Marihuana Taxation Act they levied a tax on the crop that had the same practical effect.

Timothy Leary, the psychedelic guru, challenged the act after his marijuana arrests in 1965 and 1966. G. Gordon Liddy, a local district attorney in New York who would later be convicted for his involvement in the Watergate break-in, led the raid on Leary’s home in Millbrook, N.Y. In 1969, the U.S. Supreme Court ruled the act unconstitutional. Not to be deterred, Congress went to work on the Federal Controlled Substances Act in 1970, in which marijuana, heroin and LSD were deemed to be without medical value.

That was the genesis of the modern war on pot — an effort that has clearly flagged in recent years as the generations that came of age after the 1960s moved into the mainstream. But John Ashcroft, a man whose reputation includes never having touched alcohol or taken a drag on a cigarette, became attorney general in early 2001, promising to “reinvigorate the war on drugs.” And he did. Under Hutchinson, a former prosecutor who made a name for himself as the congressman who took the lead in Clinton’s impeachment, the DEA is cracking down on state-sanctioned medical marijuana operations, even small ones. So far the DEA has raided or arrested 17 medical marijuana providers in California, 15 of which came after the Sept. 11 terrorist attacks, plus one in Oregon. A week after medical pot-grower Steve McWilliams publicly handed out buds to show solidarity with the Corrals, the DEA confiscated 26 plants and 10 pounds of the drug he grew for patients in San Diego. Under the Clinton administration, there had been seven raids or arrests since Prop. 215 had passed in 1996, according to the A-Mark Foundation’s MarijuanaInfo.org, which compiles information on medical marijuana.

“Attorney General Ashcroft is not stupid; he understands that if society changes its mind on medical marijuana, then it sets the table for a completely different discussion about marijuana and changes the debate about drug prohibition,” says Jamin Raskin, a constitutional law professor at American University in Washington, and the author of “Overruling Democracy: The Supreme Court vs. The People,” slated for publication in March. “This is the Battle of Bull Run in the war on drugs. If the critics of drug prohibition win on medical marijuana, the cards begin to topple in a more libertarian direction.”

If the polls are right, most Americans oppose this strident stance on pot. In March 2001, the Pew Research Center found that 73 percent of Americans support medicinal marijuana laws. After Sept. 11, the respected polling firm of Zogby International did a survey for the National Organization for the Reform of Marijuana Laws that found 61 percent favor decriminalizing possession of small amounts of the drug.

Support for medical marijuana cuts across generations –and party lines. It may be a hot-button for some conservatives, but it’s not a Republican issue. Former President Ronald Reagan’s director of communication, Lyn Nofziger, whose daughter died from cancer, speaks out for medical marijuana. New Mexico Gov. Gary Johnson, another Republican, is an outspoken proponent of legalizing marijuana. In Maryland, David Brinkley, a Republican candidate for state representative who survived Hodgkin’s lymphoma 14 years ago, says his support of medical marijuana isn’t even an issue in his campaign. “I’m a very conservative person in a very conservative district,” he says. “But there comes a time when you have to be practical in dealing with patients and their concerns and needs.”

Even Bush, during the 2000 presidential campaign, said he didn’t see medical marijuana as warranting national attention. In October 1999, he told The Dallas Morning News that, with respect to medical marijuana, “each state can choose that decision as they so choose.” Yet Bush, who has skirted questions about whether he ever used illegal drugs, has publicly changed his position. When he nominated John Walters for director of the Office of Drug Policy, he told the audience in the Rose Garden: “Acceptance of drug use is simply not an option for this administration. We emphatically disagree with those who favor drug legalization.”

“This is crazy,” says Rep. Barney Frank, D-Mass., sponsor of the States’ Rights to Medical Marijuana Act (H.R. 2592), a bill he introduced this year to permit states to allow the use of marijuana for medicinal purposes. “I can’t think of worse use of resources as we struggle to fight terrorism, charging people with conspiracy who are trying to alleviate pain. To prosecute them is ludicrous. It’s the worst example of putting people’s very vindictive, personal obsessions ahead of decency and rational public policy,” he says. “They’re doing it because they’re obsessive right-wingers who think marijuana threatens all that Americans hold dear.” Rep. Dana Rohrabacher, another alumnus of the Reagan White House, is a co-sponsor of the bill.

As drug czar, Walters is trying his best to make Americans fear marijuana legalization. In September, with several states and municipalities planning pot-related ballot measures, his office rolled out an ad campaign linking the drug to violence. The campaign is reminiscent of earlier government efforts to demonize marijuana. In one TV ad, Dan, a handsome all-American white teenager, buys his pot from a dealer who gets her drugs from a smuggler who gets his supplies from a swarthy, nefarious-looking man.

“While many people have made the connection between opium and terror, they see marijuana as a benign drug,” Walters said in a statement. He declined Salon’s request for an interview.

Walters last month campaigned against initiatives in Arizona and Nevada to decriminalize possession of pot in small amounts as part of an effort to make the drug more accessible to patients. He stopped in Tucson a week after a Northern Arizona University poll found that 53 percent of the voters supported a measure decriminalizing possession of up to two ounces. It would also require the state’s Department of Public Safety, most likely police officers, to provide the drug free to patients who have doctors’ recommendations. Speaking to local reporters, Walters labeled the initiative a “stupid, insulting con” and called medical marijuana “the 21st-century snake oil.” A more recent poll shows 51 percent of voters opposed to the ballot question.

A few days later, Walters was in Nevada to campaign against the initiative that would allow adults to possess up to three ounces of marijuana and set up state-licensed and -taxed smoke shops to sell the drug. Medical marijuana proponents say they were trying to prevent patients from buying cannabis seeds on the black market to grow their plants. But Walters, frustrated with what he calls “distortions” from the proponents, told a local TV station in Reno, “I call this reefer madness, madness.” The latest polls show about 60 percent of voters opposed to the decriminalization measure.

While Walters gave the media catchy sound bites, he declined to participate in debates with local politicians or proponents of the marijuana initiative. In Nevada, Billy Rogers, spokesman for Nevadans for Responsible Law Enforcement, invited him to a debate, but Walters declined. He said he’d only debate three people: George Soros, a billionaire who’s now chairman of the liberal Open Society Institute; Peter Lewis, CEO of Progressive Insurance in Cleveland; and John Sperling, founder of the for-profit University of Phoenix.

To a large degree, today’s marijuana debate is being shaped by six men: Ashcroft, Hutchinson and Walters on one side and Soros, Lewis and Sperling on the other. Lewis gave money to the Nevada group. Soros, Lewis and Sperling are major financial backers of the Drug Policy Alliance, which supports state medical marijuana efforts. In a May 2002 Op-Ed in the Washington Post, Walters wrote: “By now most Americans realize that the push to ‘normalize’ marijuana for medical use is part of the drug legalization agenda. Its chief funders, George Soros, John Sperling and Peter Lewis, have spent millions to help pay for referendums and ballot initiatives in states from Alaska to Maine.”

Ironically, pot does turn out to be the gateway drug, after all — the gateway to less draconian drug laws. Probably no one understands this more than Walters, who has made a career out of championing the war on drugs. When William Bennett was secretary of education under Reagan, Walters, whose late father, Vernon Walters, served as deputy director of the CIA under Nixon and as U.N. ambassador under Reagan, was in charge of the Schools Without Drugs program. Then, when the first President Bush appointed Bennett the first drug czar in 1989, Walters was his chief of staff. And for a brief stint in 1993, he was acting drug czar until he quit when Clinton redirected the drug policy office’s focus to hardcore users instead of enforcement and interdiction.

Even when many in the mid-’90s considered the drug war a failure, it never lost its appeal for Bennett, the self-appointed watchdog of American virtue, and Walters. Along with John J. DiIulio Jr., whom the current President Bush appointed to the newly created White House Office of Faith-Based and Community Initiatives, the men wrote “Body Count: Moral Poverty and How to Win America’s War Against Crime and Drugs.” In the book, the authors argue that “moral poverty” is at the root of all crime and that religion is “the best and most reliable means we have to reinforce the good.”

Now Bennett and Walters are working together, again. Bennett, co-director of Empower America, a conservative group, is also co-chairman, along with Mario Cuomo, of the Partnership for a Drug-Free America. In October, Walters’ office and the partnership released a new series of ads focusing on teens and drugs.

Why this new obsession with the wicked weed? Ethan Nadelmann, executive director of the Drug Policy Alliance in New York City, which supports state efforts to legalize medicinal marijuana, says the administration is pandering to a small but vocal group of conservatives. “It’s not about compassion, it’s not about cost-benefit or anything like that. It’s simply a moralistic, demonizing perspective on a certain activity,” he says. “These people are anti-drug fanatics. They’re modern-day Carrie Nations.” Nation, an early prohibitionist, was a large woman, almost 6 feet tall and 180 pounds, who carried a hatchet in one hand to smash liquor bottles and a Bible in the other. She once destroyed the bar in Wichita’s finest hotel.

California’s Prop. 215 tried circumventing the Controlled Substance Act for medical marijuana. The Clinton administration challenged Prop. 215, and in May 2001, the U.S. Supreme Court ruled in a unanimous decision written by Justice Clarence Thomas that the drug “has no medical benefits worthy of an exception” under the Federal Controlled Substances Act. Coincidentally, Thomas was the justice Ashcroft chose to swear him in as attorney general.

In doing so, the U.S. Supreme Court gave Ashcroft, the son of a Pentecostal preacher, a way to attack state medical marijuana laws. Within a few months after the high court’s decision, the DEA stepped up raids and arrests of state-sanctioned medical marijuana providers in California.

“From their perspective, all the legal issues have been resolved,” says Gerald Uelmen, an influential professor at Santa Clara College School of Law and attorney for the Santa Cruz marijuana co-operative, who is challenging the raid on constitutional grounds. “They’re treating all the marijuana groups and organizations as though they were illicit drug dealers. They’re coming in with guns blazing as though they’re crack houses or methamphetamine labs.”

A day after the raid in Santa Cruz, California’s Attorney General Bill Lockyer fired off a letter to Ashcroft and Hutchinson, complaining that it was “a disheartening addition to a growing list of provocative and intrusive incidents of harassment by the DEA in California.” The DEA is conducting raids on state-sanctioned marijuana clubs as a “punitive expedition,” added Lockyer, a Democrat. In closing, he asked to have a meeting with Hutchinson and Ashcroft to come up with more “realistic and reasonable” alternatives.

But if California’s top law enforcement official was expecting some reconciliation, he must have been disappointed. In a rather starchy, almost condescending reply, Hutchinson, wrote: “Your repeated references to ‘medical’ or ‘medicinal’ marijuana illustrates a common misperception that marijuana is safe and effective medicine.” Further, he continued, “state ‘medical’ marijuana laws — including those in California — are being abused to facilitate traditional illegal marijuana trafficking and associated crime.” In his letter, Hutchinson offered no evidence to prove the claim.

Hallye Jordan, Lockyer’s press secretary, said conflicts between state and federal law are bound to continue until the federal government changes the Controlled Substance Act and lets doctors prescribe marijuana to their patients. In the meantime, she said, Lockyer’s office will adhere to the state’s law and leave medical marijuana operations alone.

The DEA’s bullying tactics may have had unintended consequences. For 15 years, the San Jose Police Department has worked with federal agents to arrest drug dealers. But a month after the raid on the Corrals, San Jose Police Chief William Lansdowne pulled his men off of a DEA task force. “The most pressing problem is methamphetamine and that is where we should spend our time, not on medical marijuana,” he says. “I think their [the DEA's] priorities are out of sync with local law.”

Uelmen, the Corrals’ lawyer, has filed a suit against the U.S. government, contending that the search was unreasonable under the Fourth Amendment and that the Federal Controlled Substances Act exceeds congressional power to regulate interstate commerce under the Tenth Amendment. Uelmen hopes this case will finally resolve the conflict between state rights to regulate medical marijuana and federal narcotic laws.

In Santa Cruz, meanwhile, it turns out that the DEA didn’t get all of Valerie and Michael Corral’s stash. Undaunted by the legal obstacles, they continue to hand out pot to their co-operative’s members. “The only other option is rolling over,” Valerie says. “That means something very dramatic when you’re facing death. That means rolling over and dying. And that is not an option for us.”

Louise Witt is a writer who lives in Hoboken, N.J.

Using Bush’s playbook

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

George 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

(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

(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

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.

The memo Bush tried to destroy

A document advising the Bush administration against torture has resurfaced, despite his best efforts to hide it

George W. Bush in 2006 (Credit: AP/Ron Edmonds)

In February of 2006, Philip Zelikow, counselor to Secretary of State Condoleezza Rice, authored a memo opposing the Bush administration’s torture practices (though he employed the infamous obfuscation of “enhanced interrogation techniques”). The White House tried to collect and destroy all copies of the memo, but one survived in the State Department’s bowels and was declassified yesterday in response to a Freedom of Information Act request by the National Security Archive.

The memo argues that the Convention Against Torture, and the Constitution’s prohibitions against cruel and unusual punishment, do indeed apply to the CIA’s use of “waterboard[ing], walling, dousing, stress positions, and cramped confinement.” Zelikow further wrote in the memo that “we are unaware of any precedent in World War II, the Korean War, the Vietnam War, or any subsequent conflict for authorized, systematic interrogation practices similar to those in question here, even when the prisoners were presumed to be unlawful combatants.” According to the memo, the techniques are legally prohibited, even if there is a compelling state interest to justify them, since they should be considered cruel and unusual punishment and “shock the conscience.”

Chillingly, the memo notes that “corrective techniques, such as slaps,” may be legally sustained, as might be “[C]ontrol conditions, such as nudity, sleep deprivation, and liquid diets…depending on the circumstances and details of how these techniques are used.” However much distress Zelikow’s memo caused the White House, it was not an ACLU briefing paper.

“I’m pleased the memo is now part of the historical record and available for study,” Zelikow wrote Salon in an email. The White House had determined that the memo — which was not binding since Zelikow’s was a bureaucratic position without legal authority — was too dangerous to exist. “I later heard the memo was not considered appropriate for further discussion and that copies of my memo should be collected and destroyed,” he said in a May 2009 congressional hearing.

At that hearing, before the Senate Committee on the Judiciary, Subcommittee on Administrative Oversight and the Courts, Zelikow said he had “no view on whether former officials should be prosecuted,” a decision he thinks should be left to “institutions.” However, he did call for a thorough inquiry and a public report examining how the U.S. came to employ torture.

Of course, no such inquiry was ever launched. The Obama administration declined to revisit the U.S. employment of torture, with the president saying he didn’t want to “look back.” Zelikow believes this was a mistake. “I still believe an inquiry would be useful, though less so as time passes and more information becomes available, especially after the 9/11 trials conclude, hopefully this year,” he says in an email.

During his congressional testimony, Zelikow declined to say whether Department of Justice lawyers acted improperly or immorally, conceding only that their opinions were “unsound, even unreasonable.” But in a 2007 lecture in Houston, he had no problem saying “the cool, carefully considered, methodical, prolonged, and repeated subjection of captives to physical torment, and the accompanying psychological terror, is immoral.”

The importance of the memo lies in its revelation that there was real, serious debate inside the Bush administration about how to interrogate captured terrorist suspects. The members of the White House declined to enter that debate — indeed, they did their best to squash it. The destruction of Zelikow’s carefully reasoned memo suggests the White House did not want any record of alternative views even existing, lest they be considered reasonable or people get the idea that the torture policies were thought controversial even by members of the administration.

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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.

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