George W. Bush

Vigilante injustice

Arizona militia members, a Colorado Republican and a national group with white supremacist ties have made a remote stretch of the Mexico border a flash point for anti-immigrant hostility.

It’s high noon in Tombstone, Ariz., a dusty little town that’s part ranching outpost and part Old West theme park, and over on Toughnut Street, a block away from the tourists and the tacky souvenir shops, Chris Simcox is toiling away inside the cluttered office of the Tombstone Tumbleweed. An Associated Press feature on Simcox has just been wired to every newsroom in the country, and the atmosphere is chaotic. Phones in the little newsroom are ringing off the hook.

Simcox, the Tumbleweed’s editor and owner, is in his element. After a failed marriage in Los Angeles, a stint of unemployment, the shock of Sept. 11, and three months camped out in the Arizona desert, he arrived here last year and has fashioned for himself a new life as the poster boy for the American anti-immigrant movement. He bought the newspaper in August; by October, he had clearly stamped it with his own personality. “ENOUGH IS ENOUGH!” declared the Tumbleweed’s front page that month. “A PUBLIC CALL TO ARMS! CITIZENS BORDER PATROL MILITIA NOW FORMING!”

Within a month, Simcox claims, an untold number of Tombstone residents and others signed up to join his militia, called Civil Homeland Defense. Militia rules mandate that each member carry a pistol, for which a background check is required, and he or she must also wear a baseball cap emblazoned with an American flag. The group patrols along the Cochise County chaparral between Tombstone and Mexico, searching for people who look like illegal immigrants. When suspected illegals are caught, Simcox says, they are “humanely” placed under citizen’s arrest and turned over to the U.S. Border Patrol.

There are those in Tombstone who say that the 41-year-old former teacher is an eccentric, an egomaniac and a threat to the local tourism industry. While Simcox says his militia has 600 members, others here say the number is far smaller. “Chris can only get a three-man patrol going,” says Jeff, a bartender at the Crystal Bar on Main Street. “Basically, the kind of people who want to join his group can’t even pass a background check.”

However quixotic his character, Simcox is a leading figure in a loose but committed alliance of anti-immigrant forces that have turned Cochise County into a national flash point for escalating tensions over illegal immigration. The alliance includes not only local ranchers, landowners and law enforcement officials, but also former high-ranking Border Patrol agents and U.S. Rep. Tom Tancredo, a Colorado Republican. Quietly backing their efforts is the Federation for American Immigration Reform, a controversial anti-immigration group that in the 1980s and 1990s received more than $1 million from a shadowy group accused of white-supremacist leanings.

In Cochise County alone, self-styled vigilante groups in recent years have harassed and detained hundreds, perhaps thousands, of migrants suspected of entering the country illegally. They claim they are only enforcing U.S. laws too often ignored by law enforcement officials. But human rights advocates are worried about a climate here and through much of southern Arizona that seems increasingly primed for violence.

In 2000 Miguel Angel Palafox, a 20-year-old migrant, was shot in the neck by two horsemen dressed in black who attacked him near the border town of Sasabe, about 50 miles east of Cochise County. Palafox crawled back to Mexico with a T-shirt wrapped around his wound and lived to tell the tale, though the riders remain unknown.

Last October, in the small town of Red Rock, between Tucson and Phoenix, two undocumented immigrants were found shot to death by a roadside. Manuel Ortega, a spokesman for the Mexican Consulate in Tucson, says the two victims were part of a group of 12 migrants resting around a pond south of the town. While most of the group slumbered, one of the migrants told the consulate staff, two masked men dressed in camouflage and armed with machine guns appeared from the woods, firing upon the group and killing the two before the others scattered. The Pinal County sheriff’s office is treating the killings as a dispute between rival people smugglers, or coyotes, but Ortega says his office has never seen a killing like that involving coyotes.

As co-director of the Tucson human rights group Derechos Humanos, attorney Isabel Garcia has campaigned to bring anti-immigrant vigilantes and brutal coyotes to justice for more than 25 years, and she sees good reason to question the focus of the sheriff’s investigation of the Red Rock murders. “It seems highly unlikely that coyotes would use camouflage clothes and highly unlikely that they would kill people who would bring in more money,” she said. “We’ve never seen that.”

No one has suggested that Simcox’s group is involved in the deadly violence. But critics say he is the embodiment of a troubling climate of intolerance and impatience that poses a vivid threat to Mexicans and other illegal migrants near the border. Local officials have condemned the vigilante activity. U.S. Rep. Raul Grijalva of Tucson, a Democrat, has called for an investigation of the growing militia movement there.

But the office of U.S. Attorney General John Ashcroft has not yet replied, and in the meantime, Simcox has grown bolder.

“I dare the president of the United States to arrest Americans who are protecting their own country,” Simcox said, in comments carried by the Washington Times earlier this year. “We will no longer tolerate the ineptness of the government in dealing with these criminals and drug dealers. It is a monumental disgrace that our government is letting the American people down, turning us into the expendable casualties of the war on terrorism.”

When White House press secretary Ari Fleischer was asked whether President Bush approved of Simcox’s militia, his response was carefully ambiguous: “The president believes that the laws of the land need to be observed and the laws need to be enforced.” Which might mean one of two things. Perhaps it was a warning that militia groups should stay within the law. Or perhaps it was an acknowledgment that federal agencies have failed at the border — and a careful way of cheering on the vigilantes.

The U.S.-Mexican War ended after two years, in 1848, costing Mexico nearly half its territory and giving the United States incredible riches that came with the land spanning from Texas to California. At many points along the border, tension between Anglos and Mexicans has simmered ever since. Some would argue that the U.S. border policy with Mexico has been dysfunctional for nearly as long.

On the one hand, the U.S. agriculture industry and other sectors of the economy rely heavily on migrant Mexican workers and offer lucrative reasons to cross the border illegally; on the other, U.S. law subjects those who are caught crossing to arrest and deportation. With such a contradictory border policy, and with enforcement stretched impossibly thin along the desert frontier ranging from Texas to the Pacific, people can interpret the law in whatever way suits their interests.

But in the expanse of Cochise County, which abuts the vast and treacherous beauty of the Sonoran desert, the failure of such policy has become vivid in the past decade.

The vigilante culture here is, in many ways, just a side effect of Operation Gatekeeper, a U.S. Immigration and Naturalization Service campaign that literally walled off U.S. border cities like San Diego and El Paso from Mexico. Migrants on their way north to jobs in the fields or to reunite with families were forced either to stay home or to venture into more remote, rugged terrain along the border with Arizona. Hundreds of them have been found dead over the years, having succumbed to thirst, hunger or overexposure. For many Cochise County property owners, Gatekeeper meant daily encounters with dozens of immigrants crossing their land, often leaving trash in their wake while accompanied by the ruthless and violent coyotes who were hired as their guides and safekeepers.

The resulting anger gave rise to vigilante efforts led by part-time rancher Roger Barnett — who has placed thousands of undocumented migrants under so-called citizen’s arrest — and refined by Glenn Spencer, who last year founded the high-tech militia American Border Patrol. Simcox is the latest to take up the cause, but clearly, all three men and many of their followers have taken inspiration and aid from John Tanton, a man known as the godfather of the modern anti-immigration movement.

Before founding the Federation for American Immigration Reform — better known as FAIR — in 1979, Tanton was best known for his environmental work as national director for the Sierra Club’s population committee. His belief that population growth posed a dire risk to the environment led into the realm of anti-immigration activism; in Tanton’s mind, poor immigrants reproduce at a greater rate than citizens of the United States and other Western countries who are more affluent and more highly educated. The Southern Poverty Law Center has extensively researched Tanton’s connections to the anti-immigration movement and white supremacist groups, and in an investigative report last year, the center published a Tanton quote from 1975 that still provides critical insight into his thinking. “Their [Third World] ‘huddled masses’ cast longing eyes on the apparent riches of the industrial West,” Tanton wrote then. “The developed countries lie directly in the path of a great storm.”

That same year, French novelist Jean Raspail’s racist “Camp of the Saints” was published in English, and it quickly became one of Tanton’s favorite books. Raspail’s polemic novel portrays the invasion of Europe by hordes of sex-crazed Africans, dirty Arabs, and “Hindus” who enslave white women on sex farms. Raspail urges the reader to “repulse the invasion and destroy the invader. Assuming, that is, that we are willing to murder — with or without regret — a million helpless wretches.”

Today Tanton’s publishing company, the Social Contract Press, is the sole publisher of “Camp of the Saints,” billed as “the controversial, politically incorrect novel” on its Web site. Compared with most of Tanton’s other creations, the Social Contract Press is probably the most stridently nativist. Other Tanton-founded groups like U.S. English, which mobilized opposition to bilingual education programs, and the Center for Immigration Studies, a pseudo-think tank that claims impartiality, have employed respected figureheads like former Reagan aide Linda Chavez to project a moderate, rational tone for their arguments against immigration.

When discussing immigration as a phenomenon, Tanton’s style is usually dry and pedantic. But on a few occasions, he has openly expressed his contempt. In 1988, when Tanton’s private “Council of Wise Men” memos were leaked to the press, a bitter white-nationalist philosophy cracked through the façade. “As Whites see their power and control over their lives declining, will they simply go quietly into the night?” Tanton wrote. “Can homo contraceptivus compete with homo progenitiva if borders aren’t controlled? … Perhaps this is the first instance in which those with their pants up are going to get caught by those with their pants down.” This revelation prompted the resignations of Chavez as U.S. English’s president and Walter Cronkite from its board.

After the scandal, Tanton resigned as FAIR’s executive director and focused on developing another project, US Inc., which is essentially a financial umbrella group for his network. He remained on FAIR’s board of directors, and the group continued to court controversy. According to Form 990 returns filed with the IRS for 1988 to 1994, FAIR received nearly $1.3 million from the Pioneer Fund, which issues grants for research to prove Hitlerian notions of the biological superiority of the white race. And in 2001, Tanton-founded groups like the Center for Immigration Studies, NumbersUSA, US Inc., and FAIR were granted a total of $220,000 by eccentric rightist billionaire Cordelia Scaife-May of the Scaife Family Foundation.

Tanton did not respond to a message requesting an interview. FAIR’s assistant director, David Ray, in an interview with Salon, bristled at questions about the Pioneer Fund, describing the donations as “insignificant.” He also called “insignificant” any “financial or strategic information” FAIR has provided to Simcox, Spencer and Barnett. According to Form 990 returns, FAIR and Tanton’s US Inc. donated $50,050 between 1998 and 2001 to Spencer’s American Patrol and Voices of Citizens Together (American Border Patrol’s political wings).

Were the Red Rock murders were committed by vigilantes? That’s “just speculation,” Ray replied. But don’t Simcox, Barnett and Spencer raise the risk of anti-immigrant violence when they act independent of the law to mete out justice? “The onus is simply on the federal government to regain control of the borders,” Ray said. “If they fail to do that and it goes on year after year, what we’re going to see is increasing numbers of citizens speaking out against out-of-control immigration and defending their property.”

Most days, Roger Barnett commutes from his home outside Douglas to his towing and propane companies in downtown Sierra Vista, a city between Tombstone and Douglas that is home to a large community of military retirees. In his spare time, Barnett likes to graze cattle on his 22,000-acre property just outside Douglas. He owns 7,000 acres of his land but the rest is leased from the state, a spread that puts his official rancher credentials about on par with those of President Bush and Robert Redford. With a ruddy face, husky physique, Wrangler jeans and a gravelly voice, he at least looks the part.

Almost immediately after Operation Gatekeeper started in 1995, Barnett says, he began to notice an explosion of migrants crossing his land on their way up from Mexico. The migrants left piles of trash and human excrement, he says; they frightened wildlife and cut fences on his cattle pens. In 1996, he says, he became fed up and started placing them under citizen’s arrest and turning them over to Border Patrol agents. On March 10, 1999, while the problem festered, Barnett and 20 fellow landowners signed a proclamation of revolt: “If the government refuses to provide security, then the only recourse is to provide it ourselves.” Barnett’s bold statement grabbed the media’s attention. By 2000, he had been featured on ABC’s World News Tonight, in the New York Times and elsewhere.

“I’m prepared to take a life if I have to,” he told USA Today.

Tanton was apparently among those to take notice of Barnett’s down-home appeal and his penchant for grabbing headlines. In 1999, FAIR brought Barnett to Capitol Hill for “Immigration Awareness Week” to describe his hardships to concerned members of Congress. The following year, Tanton’s US Inc. hired Barnett to spearhead its “Border Defense Coalition.” According to the September 2000 edition of the Oltman Report, by FAIR’s Western Regional Director Rick Oltman, the project consisted of hoisting freeway billboards advocating a U.S. Army deployment along the border with messages like “If this was Scottsdale [a wealthy suburb of Phoenix], the troops would be here now.” Barnett was assisted by former U.S. Border Patrol agent Bob Park, a friend of Tanton’s.

Now 61, Barnett says he says that in the past two years, he has turned almost 5,000 migrants over to Border Patrol agents. “It needs to be done,” he rumbles. “They [the Mexicans] are gonna take over our country … Do you remember what the Iraqis did with our pilots in Desert Storm? They took them hostage. It’s the same deal here.”

Since Barnett views Mexican immigrants as an invading army, it is only natural that he seeks apprehensions away from his property. In the past three years, rumors have floated around Douglas that he was randomly pulling over drivers on Highway 80 northeast of Douglas whom he profiled as Mexican. While most witnesses to the pull-overs have disappeared into the woodwork or demanded anonymity, a recent incident confirmed by the Mexican consul general in Douglas, Miguel Escobar Valdez, suggests Barnett as a possible suspect in a brutal and unprovoked attack along the highway.

On January 19, Escobar was called in to Douglas Hospital to interview Rodrigo Quiroz Acosta, a 37-year-old Mexican national hospitalized with bruises to his head and ribs. Quiroz told Escobar that he had entered the U.S. illegally, became stranded and fatigued, and ventured out to Highway 80 to search for Border Patrol agents to pick him up. Suddenly a white pickup truck barreled off the highway, nearly hitting him. Out stepped a man described by Quiroz as close to 60 years old and accompanied by a dog. The man began shouting angrily, kicking him in the head and pummeling him with a flashlight. Eventually, Quiroz was able to escape and was later apprehended by Border Patrol agents. Quiroz said his attacker was about 6 foot 3 and in his late 50s — a description that could fit Barnett. A Border Patrol supervisor told Escobar that Roger Barnett — who has a dog and drives a white pickup — had detained a group of migrants an hour beforehand in the same area where Quiroz was attacked and that he was probably the attacker.

Before Quiroz was able to press charges against Barnett, he was deported. And the rancher angrily denies the allegation by Escobar that he assaulted Quiroz. “Oh, that son of a bitch,” Barnett said of the Mexican diplomat, “… he lies out of both sides of his mouth.” Though Barnett has never been formally accused of any crime, many in Cochise County’s human rights community allege that he never will be because he is a former sheriff’s deputy and his brother, Don, is the former Cochise County sheriff. The Barnetts, they say, have forged close ties with current Sheriff Larry Dever and U.S. Border Patrol officials, giving them an air of impunity.

“These guys, the Barnetts and Larry Dever, they’re part of an old-boys’ network,” says the Rev. Robert Carney, a Roman Catholic priest who spent eight years as pastor at St. Luke’s Parish in Douglas, 30 miles east of Tombstone, before moving to a Tucson church. “They grew up together, they hang together, and they work together.”

Barnett acknowledges a friendship with Dever, but says the sheriff has backed off some for political reasons. Barnett claims to work directly with Border Patrol agents to profile and arrest illegal immigrants. When a person whom Barnett suspects is an undocumented migrant comes to retrieve a towed car at his office, he stalls them and calls Border Patrol. When agents arrive, they question the suspect, enter the name in a computer, and occasionally make an arrest.

When questioned him about the legality of the arrests in his office and the traffic stops on Highway 80, Barnett became infuriated.

“You a lawyer?” he asked with a sneer. “You’re full of shit. I can stop ‘em out on the road if I want. Didn’t you hear what Bush said? Everybody needs to be vigilant and help the homeland security. I can do whatever I want.”

Glenn Spencer was living in California’s San Fernando Valley when he founded his for-profit anti-immigration group Voices of Citizens Together. Starting in 2000, Spencer was making fact-finding trips to southern Arizona, where he met in Sierra Vista with disgruntled local residents and explained his plan to launch a militia called American Border Patrol.

But it was only last year, during a California tax-fraud investigation focused on the Voices group, that Spencer decided on a move to Sierra Vista, a town 20 minutes east of Tombstone that is an outpost of conservatism in mostly Latino Cochise County. Barnett, as the anchor in the county’s growing vigilante movement, served as a liaison to help Spencer acquaint himself with the local scene and get his border militia concept off the ground.

Today, Spencer tells people he lives at a secret location where he develops content for his three Web sites and broadcasts his syndicated AM radio show. A reporter, invited to the home on the condition that its location remain confidential, finds a prefabricated Spanish colonial model nestled in a luxury housing development. He works in a study surrounded by monitors, VCRs and computer gear; his bookshelves are filled with titles ranging from “Bordering on Chaos,” Andres Oppenheimer’s journalistic meditation on Mexico, to “The Bell Curve,” a controversial book that concluded that blacks and Latinos historically have lower IQs than whites and Asians.

A portly, silver-haired man of 65 who could blend in at a bingo tournament, Spencer fancies his group more sophisticated than the gun-toting members of Simcox’s upstart group. His American Border Patrol is guided by his pet conspiracy theory, “la Reconquista,” or “the re-conquest.” According to Spencer, the chief actors of la Reconquista include the Mexican government, the Roman Catholic Church, the Ford Foundation and “corporate globalists.” Their goal, he claims, is to exploit the freedoms of liberal democracy in order to seize control over the United States, sending waves of Mexicans to break into the country and “recolonialize” land that Mexico lost in the Treaty of Guadalupe Hidalgo at the end of the U.S.-Mexican War.

“This gang is here to subvert our immigration laws,” Spencer booms. “They are a fifth column.”

To prove his point, he swivels around to his computer and with the click of a mouse, former Mexican President Ernesto Zedillo appears on the screen speaking before the National Council of La Raza in 1997. “I have proudly affirmed that the Mexican nation extends beyond the territory enclosed by its borders and the Mexican migrant is an important part of that,” Zedillo says in halting English. To a sober viewer, Zedillo’s statement could be taken as a demonstration of his government’s solidarity with Mexicans working in the United States. For Spencer, Zedillo’s tacit advocacy for dual citizenship for Mexican-Americans is a declaration of war on American culture with a potentially apocalyptic ending.

“If we lose the United States to that cesspool of a culture,” Spencer roars, “how would you like to give 15,000 nuclear weapons to Mexico? It will be the death of this country when hot-blooded, Latin-American macho people bomb the crap out of China or whomever gets in their way — Grijalva [southern Arizona's outspoken vigilante critic in Congress] back in there with his finger on the nuclear weapon screaming, Let’s get those cucarachas!”

In contrast to his bellicose rhetoric and pronounced hostility to anything remotely to do with Mexico, Spencer maintains that his new American Border Patrol is an apolitical nonprofit group — totally separate from his American Patrol — that will make the border a safer place by monitoring illegal traffic into the United States and by “broadcasting the invasion live on the internet.”

To underscore the group’s credibility, Spencer points to the support of local law enforcement officials like his assistant director, Ron Sanders, the former Tucson sector chief for the U.S. Border Patrol. Another member of the militia’s board of directors, Bill King, is also a former U.S. Border Patrol chief for the Tucson sector. Board member Iris Lynch is the wife of a judge in Douglas. According to Barnett, federal border agents share intelligence with Spencer’s militia, but that’s a sensitive issue. Border Patrol officials in Tucson declined to comment on whether they cooperate with the local militias. Spencer, however, says Barnett’s not quite right.

“It’s not intelligence we’re sharing — it’s experience,” he explains. “As a member of our board of directors, Ron Sanders provides us with overall comments and guidance, based on his experience, as to the general direction of American Border Patrol. For example, he might say, ‘You really need more people along the less-populated areas, not just around the major population centers’ — that kind of thing.”

Spencer has announced ambitious plans to develop unmanned aircraft and special ground sensors that will “solve this border problem once and for all.” To do this, Spencer claims to need all of $30 million. Whether he can raise the money is unclear, but Spencer does say he has solicited John Tanton, who sits on American Patrol’s advisory board, as well as “various foundations.”

Spencer’s characterization of American Border Patrol as a viable solution to the border crisis is all the more unlikely after a look at his history, which demonstrates that wherever he goes, he has more success causing problems than solving them. In 1998, one man was arrested for burning a Mexican flag after Spencer gave a speech in Alabama before the avowedly white nationalist group Council of Conservative Citizens. In 2000, a member of the hard-line anti-immigrant group Sachem Quality of Life in Farmingville, N.Y., was arrested for threatening a local Latino family after Spencer gave a speech there.

And in December 2001, Spencer and a group from the California Coalition for Immigration Reform demonstrated in front of city hall in Anaheim, Calif., against the Anaheim Police Department’s newly adopted policy of accepting Mexican government-issued identification cards as proper I.D. for illegal immigrants. According to an eyewitness account in the Orange County Weekly, Spencer’s crowd was met by counter-protesters from the Communist Party and a group of Latino students who largely stayed out of the fray. Members of Spencer’s group began shouting racial epithets at the counter-protesters and ripped down a red Communist Party flag, provoking a bloody, full-scale brawl.

Recently Spencer has curtailed his speaking engagements to focus on the American Border Patrol, but he apparently still finds time to deliver his trademark brand of anti-immigrant, anti-Mexican vitriol on American Patrol’s Web site. There, he has tailored a section specifically to target liberal Latino politicians and activists. One of his favorite targets is Pima County legal defender and Derechos Humanos co-director Isabel Garcia, whom he has dubbed the “Reconquista Communista.”

When Garcia was scheduled to speak at a solidarity rally in Tucson for migrants who had died in the desert, Spencer posted directions to the rally on the American Patrol site along with an “X” to mark where Garcia was to stand during her speech. Garcia says she was notified by FBI agents that day of impending threats to her safety and attended the rally with police escort.

Asked if she fears for her life, Garcia said: “I’m not too scared. I’m scared for the unknown Juan and Juana in the desert that aren’t U.S. citizens like I am, that aren’t protected like I am. That’s who I’m scared for.”

U.S. Rep. Tom Tancredo, a Republican, represents a district 1,000 miles from the Arizona border — a Colorado district that includes Littleton, home to Columbine High School. But last February Tancredo traveled south and embarked on a four-day tour of the Arizona border. On the first day of his trip, Tancredo visited Organ Pipe National Monument, a desert wildlife sanctuary west of Cochise County where six months prior a young park ranger named Kris Eggle was shot dead while chasing suspected Mexican drug smugglers. As Tancredo has done before in press conferences on Capitol Hill, he displayed a photo of the handsome, bespectacled Eggle while pressing his case for the deployment of U.S. Army troops along the border.

Eggle is among a handful of American victims of the border chaos whom Tancredo uses to illustrate the violence and corruption that seeps in from the south. After his speech at Organ Pipe, Tancredo met with one of his favorite victims, Roger Barnett, along with a small group of Cochise landowners, to “hear their plight,” as he says. Tancredo says he “absolutely” supports Barnett’s citizen’s arrests of immigrants as well as the activities of Simcox and Spencer “to the extent that they bring about attention to the border and the invasion that is taking place there.”

In March, just days before the invasion of Iraq, Tancredo delivered a passionate address before the House of Representatives. Pointing to a photo projection of Barnett and his brother Don, who helps with apprehensions of undocumented migrants, Tancredo lauded them as “homeland heroes fighting a war on their private property.”

Neither Tancredo nor his staff notified Grijalva, the Tucson Democrat, of the pending trip, a clear breach of congressional manners. “Other than some important protocol being violated,” Grijalva told Salon, “if [Tancredo] is coming in here to further increase the crisis, to fuel the fire that is simmering here, I would make sure to point out to him that if anything would happen, he would be directly responsible for creating the situation.”

Grijalva calls the border “a complex problem that can only be explained with rational discussion.” Tancredo, however, seems to have little patience for nuance. For example, many local officials say his plan to deploy troops on the border could have costly consequences in towns like Douglas, where economies are based largely on the assembly of parts produced in Mexico’s maquiladora factories. Tancredo’s response? “The economic effect is not really my concern,” he says. “My sole concern is securing our national borders.”

Tancredo’s district would suffer no such consequences, so there would be little political fallout at home. This has given him the freedom to develop a gung-ho platform of anti-immigration legislation that energizes grassroots and white-collar activists alike. At the mention of Tancredo’s name, Chris Simcox leaps from his chair and yelps: “That’s my leader! I’d vote for him for president tomorrow!”

Tancredo also enjoys star status among the white-collar anti-immigrationists of Tanton’s network who have courted his support, donating $5,000 to his 2002 campaign through FAIR’s U.S. Immigration Reform PAC and thousands more in personal donations. Leaders in Tanton’s network have long sought a foothold on Capitol Hill and, through Tancredo, it appears their hopes have been realized.

The close working relationship between the Tanton network and Tancredo is most apparent on the Web site for the congressman’s Immigration Reform Caucus. When Salon interviewed Tancredo earlier this year, the Web site contained links to FAIR, NumbersUSA, CIS and virtually every other Tanton creation. It also contained a link to VDare, a white nationalist Web site run by British writer Peter Brimelow that is named after Virginia Dare, the first white child born in the New World. When asked about the link, Tancredo was befuddled and indignant.

“If we are connected to VDare, and I don’t think we are,” says Tancredo, “then I will take action … I do not want the support of these kinds of people and I do not need their support.” After the interview, the links had mysteriously moved from the Web site’s front page and were buried to next an essay Tancredo wrote called “Showing Immigrants Respect.”

“If he doesn’t know who he’s in bed with, he needs to sit up and turn the light on,” says Kat Rodriguez, coordinating organizer for Derechos Humanos in Tucson. “I personally hold him accountable for giving these groups added credibility and helping to promote them.”

According to Devin Burghart of the Center for New Community, an Illinois-based watchdog group that monitors hate organizations, John Tanton has lent his support to Simcox, Spencer and Barnett in part as a smokescreen to distract from nagging accusations of white nationalism stemming from his memos and involvement with the Pioneer Fund.

“The militia movement in Cochise County signals not only a success for Tanton’s group in that it has changed the political climate there,” Burghart says. “It has also has provided Tanton and his ilk some much needed diversion, so attention is directed on Cochise County instead of the state capitol where they are introducing all kinds of anti-immigrant legislation.”

The local reaction to the controversy is clearly mixed. In many quarters, there is public apathy and official foot-dragging. “The death in Red Rock and the lack of investigation and the lack of clarity to it is what we’re seeing across the board,” says Jennifer Allen, co-director of the Border Action Network, a relatively new, informal watchdog group. “None of the law-enforcement agencies are stepping up.”

But a number of public officials, led by Grijalva, have begun to mobilize in recent months. In his first act as a congressman, Grijalva sent letters to Ashcroft and U.S. Attorney Paul Charlton requesting an investigation into Cochise County’s vigilante groups. “The number of groups involved is growing and the safety of our citizens is diminishing,” he wrote to Charlton. “Investigation will establish the ties these groups have to other hate movements across the country.”

Well over three months later, neither Ashcroft nor Charlton has replied. “I don’t think the rise of vigilantes would be tolerated in any other part of the country,” Grijalva told Salon. “Unless there is something done, one would have to surmise that there are some inherent sympathies. Sometimes the support they [the vigilantes] get is the silence people have about them.”

Some local leaders in Cochise County have joined Grijalva and the Border Action Network in voicing opposition to vigilantism. The Cochise County Board of Supervisors, in concert with Tombstone Mayor Dusty Escapule and Douglas Mayor Ray Borane, passed resolutions condemning vigilantism and the creation of anti-immigrant militias.

“This town’s Hispanic,” says Borane, referring to Douglas. “One of the reasons my administration’s working to keep them [vigilantes] out of Douglas is it would take one little teeny spark to ignite somebody who might want to take one of them on themselves and we might have an ethnic battle.”

Despite the looming danger suggested by Borane and others, all sides agree that as long as the federal government remains silent and continues along the path of Operation Gatekeeper, the vigilante movement in Cochise County will not go away. With the Bush administration sharpening its domestic focus to include the “war on terror” and the economy on the brink of recession, their is power apparently growing.

And Simcox is doing what he can to mainstream the movement. He fields requests graciously, with a boyish charm and a practiced cosmopolitanism that belie the paranoid image of someone who claims to pack a pistol and wear a bulletproof vest everywhere he goes. Journalists from as far away as Germany have sought him out in Tombstone. He has barnstormed from coast to coast to speak on behalf of local anti-immigration groups and boldly challenged the federal government to try to stop him. Apparently, people are listening.

“If we’re attacked again,” Simcox says, invoking the memory of Sept. 11, “you are going to see citizens defend their borders in a patriotic way and you are going to see people get shot on that border.”

[Salon editorial fellow Mark Follman contributed to this report.]

This story has been corrected since it was originally published.

Max Blumenthal is a freelance writer based in Los Angeles.

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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