George W. Bush

How George Bush will ban abortion

Republicans and the religious right are working to outlaw abortion -- one small step at a time.

Unnoticed by much of the public, the Bush administration and the Republican-controlled Congress have been laying the groundwork for a repeal of abortion rights. The effort to ban late-term abortion was just the beginning — anti-abortion activists expect the president to sign several landmark pieces of pro-life legislation next year. Meanwhile, in the wake of the Partial-Birth Abortion Ban, John Ashcroft ordered the Justice Department’s civil rights division — attorneys responsible for prosecuting anti-abortion terrorism, among other crimes — to go after doctors performing late-term abortions, a move that sources inside and outside of the Justice Department say is meant to endow the fetuses with civil rights. Abroad, unfettered by domestic scrutiny, the Bush administration has slashed away at funding for family planning programs that have failed to renounce the mere mention of abortion.

Even as Bush placates moderates by saying that the country isn’t yet ready for a total abortion ban, he’s doing his best to prepare for that eventuality. And except for committed pro-choice activists, American women aren’t mounting much of a defense. Roe vs. Wade might stand a while longer, but it’s being hollowed out, termite style. Another Bush term augurs its eventual collapse.

Backed by a crescent of beaming congressmen, Bush signed the Partial Birth Abortion Ban on Nov. 5, marking the first time since Roe vs. Wade was decided in 1973 that the government has outlawed an abortion procedure. According to Cynthia Gorney, a University of California at Berkeley professor of journalism and author of “Articles of Faith: A Frontline History of the Abortion Wars,” the ban was “the biggest victory that the abortion opponents have had in a long time,” and the fruit of a strategy that began even before Roe vs. Wade.

Just hours after the ban’s passage, though, three separate courts enjoined the federal government from prosecuting it, and it will likely take years for it to work its way through the appeals process. For the time being, then, abortion is unlikely to command much public attention, even as Republicans push a host of other anti-abortion legislation, federal appointments and policy.

That’s just how the anti-abortion movement wants it. “People really don’t imagine that Roe could be overturned, and anti-choice groups continually try to reinforce that sort of complacency,” says Susanne Martinez, vice president for public policy at Planned Parenthood. The anti-abortion movement is making tremendous progress, she says, but “they’re doing it below the radar.”

The anti-abortion movement has grown savvy, chipping away at the margins of reproductive rights, laying siege to their foundations, but leaving the edifice apparently intact. None of the anti-abortion measures being pushed by the Bush administration is in itself significant enough to stir the public, and many, such as the Partial Birth Abortion Ban, have wide public support. Yet they add up to an attack on a right that a generation of women has taken for granted.

This is a source of profound frustration to pro-choice activists, who see the rights they cherish slipping away with hardly any public outcry. An April 7 survey commissioned by the Center for the Advancement of Women, a feminist group, found that only 41 percent of women see keeping abortion legal as a top priority for the women’s movement. Activists, then, are in a difficult position: They’re trying to warn quiescent American women, many of them pro-choice but morally uneasy about abortion, that their rights are being eroded. But so far, they can point to no specific rights that actually have been lost.

Right now, several bills that would either curtail abortion or confer personhood on fetuses are wending their way through Congress. Laci and Conner’s Law, also known as the Unborn Victims of Violence Act, will punish attacks on a fetus separately from attacks on a pregnant woman. (It’s named after Laci Peterson, the murdered California woman, and her unborn son, Conner. Whenever possible, Republicans title their legislation after high-profile victims.) When a pregnant woman is attacked, “the pro-life movement says there is a second victim, therefore there should be two victims recognized as being murdered,” says Jim Backlin, director of legislative affairs for the Christian Coalition.

Laci and Conner’s Law has 133 co-sponsors in the House and is expected to be signed into law next year. “There’s momentum behind it,” says Backlin. “Realistically, it will probably pass in the spring of next year, definitely before the election.”

According to the text of the bill, it is meant “to protect unborn children from assault and murder” and applies at “any stage of development.” Though it makes an explicit exception for abortion, within the rhetoric of a law that defines killing a fetus as murder the exception seems absurd — and that’s precisely the point.

Meanwhile, even as attorneys for pro-choice organizations were in court to block the Partial Birth Abortion Ban on Nov. 5, Reps. Jim DeMint, R-S.C., and Roscoe Bartlett, R-Md., introduced a bill to suspend the FDA’s approval of RU-486, the abortion pill. They’re calling the bill “Holly’s law,” after Holly Patterson, an 18-year-old who died in September, a week after taking the pill, making her the second American woman to die from RU-486 complications. In comparison, according to the Food and Drug Administration, as of 1998, 130 Americans died after taking Viagra.

Accusing the Clinton-era FDA of “questionable” practices in approving the drug, Bartlett said, “RU-486 is unrelated to healthcare and anyone who prescribes or administers it shouldn’t be described as a healthcare worker. RU-486 is designed to kill a healthy baby. Now, we know that it kills healthy women such as 18-year-old Holly Patterson who was barely the age of majority and still living with her parents.”

Also high on the anti-abortion lobby’s agenda is the Child Custody Protection Act, which would punish any adult accompanying a minor across state lines for an abortion. It’s meant to stop minors who live in one of the 33 states that mandate parental notification from circumventing those laws by having their abortions in more lenient states. Under the law, anyone who takes a girl to another state for an abortion, including an older sister, aunt or grandmother, is liable to be fined $100,000 and sentenced to up to a year in prison, and may also face civil penalties. The bill, a priority of the anti-abortion movement at least since the Clinton administration, has the White House’s endorsement.

Meanwhile, statewide restrictions on abortion keep multiplying. These include parental involvement laws, mandatory waiting periods and costly regulations governing everything from the landscaping on clinic lawns to the temperature air conditioners must be set to. When challenged, these laws are reviewed by Federal Appeals Courts, which Bush is stacking with zealously anti-abortion judges.

Abroad, assaults on reproductive rights have been even more profound. Bush last year cut funding for the United Nations Population Fund based on the allegations of a radical anti-abortion fringe group that the fund was involved with coerced abortions in China, allegations that an investigative team sent by his own administration found to be false. The freeze on American aid led to cutbacks in reproductive health services worldwide, from Vietnam to Bangladesh to Kenya.

Even more devastating has been Bush’s reinstatement of the Global Gag Rule, which denies American aid to family planning agencies that even mention to pregnant women that abortion is an option. A recent study by Planned Parenthood, Population Action International, and Ipas, an organization that promotes safe abortion worldwide, documented health clinics throughout Africa that have been forced to shut down as a result of the rule. AIDS prevention has also been curtailed. For example, Lesotho, the nation in Southern Africa where a quarter of all women are HIV positive, no longer receives condoms from America because of its government’s refusal to abide by the Gag Rule.

To many experts in abortion politics, the international impact of Bush’s abortion policy may foreshadow what’s to come in the U.S. But thus far, most women in the U.S. haven’t really lost any of the abortion rights they had at the start of the Bush administration three years ago. “Most of the very clear hardships have been internationally,” says Martinez, at Planned Parenthood. “In the United States, it’s harder to document. I think that’s intentional. They’re working on the margins, trying not to play their full hand yet.” If Bush is reelected, though, Martinez and others expect him to become much more aggressive.

Yet if Americans aren’t rising up to oppose Bush’s anti-abortion agenda, it isn’t simply because they’re unaware of it. Even if most Americans are pro-choice, studies show they remain morally conflicted about abortion. They support mandatory parental involvement and restrictions on late-term procedures and oppose government funding for abortion. The Center for the Advancement of Women poll shows that while only 17 percent of women want to ban abortion, half believe it should be more strictly limited. “The reason there’s not a groundswell on the incremental stuff is that so far the incremental stuff is actually acceptable to most people,” says Cynthia Gorney.

As Slate columnist William Saletan writes in his recent book “Bearing Right: How Conservatives Won the Abortion War,” “The people who hold the balance of power in the abortion debate are those who favor tradition, family, and property. The philosophy that has prevailed — in favor of legal abortion, in favor of parents’ authority over their children’s abortions, against the spending of tax money for abortions — is their philosophy.”

The Partial Birth Abortion Ban, after all, may have been part of a long-term right-wing strategy, but it garnered bipartisan support, passing the Senate 64-33. An alternate proposal that included exceptions for the health of the mother was voted down 60-38. “Partial-birth” abortion is a political, not medical, term, and describes abortions performed at any stage of gestation in which the live fetus is partly extracted and then killed outside the woman’s body. The bill described the procedure as “gruesome and inhumane,” a description that much of the public agrees with.

“Why is this not causing more uproar? Because most people who have read an account of what intact dilation and extraction or partial birth abortion actually is are too appalled by it to be able to articulate any kind of defense,” says Gorney. “I’m sure they [pro-choice activists] are really grappling with the best way to address this ban. This is a very hard argument to take before the American people, because they know the American people can’t stand this procedure.”

Contrary to right-wing rhetoric, the ban doesn’t just outlaw third-trimester abortions. It’s worded so as to apply to second-trimester abortions, too. “If you look at the language of the bill, the term ‘partial birth’ refers not to the fact that it’s a nine-month-old fetus. It refers to this method where sometimes part of the fetus is outside the woman’s body,” says Gorney. According to Heather Boonstra, a senior public policy associate at the Alan Guttmacher Institute, a reproductive rights think tank, the law’s language means it may encompass dilation and evacuation, or D&E, a common type of second-trimester abortion.

In one sense, all this might not matter, since most experts think the law is unlikely to pass Supreme Court muster — unless Bush has a chance to replace a pro-choice justice with one who opposes abortion. In 2000′s Stenberg vs. Carhart case, the court struck down a Nebraska Partial Birth Abortion Ban because it didn’t provide exceptions for the health of the mother and didn’t contain a precise definition of the procedure it purported to ban — a crucial point because “partial birth abortion” is not a medical term. The law Bush just signed has identical flaws.

Judie Brown, president of the hard-line American Life League, didn’t support the ban because she felt it didn’t go far enough, and she doesn’t expect it to ever take effect. “We predicted it would be held unconstitutional from the beginning because of vagueness,” she says. “The court has already spoken on that.”

Yet Gorney says that even if the law is never enforced, it still represents an anti-abortion victory. “They have been trying since before 1973″ — the year Roe vs. Wade was decided — “to outlaw methods of abortion on the theory that, No. 1, it would at least limit the number that were done, and No. 2, if you could outlaw a nasty method of abortion, you had a public relations vehicle for confronting Americans with how abortion is actually done,” she says. “It is the pro-life view that if you can force people to really look at and think about how abortions are performed, they won’t be able to stomach it, no matter how much they think it should be legal.”

In that, abortion opponents have succeeded. With the Partial Birth Abortion Ban, “what they’ve done is to get a public legislative body to say this is too disgusting,” says Gorney. “The big secret about all this is if this thing stands up, it means there are certain forms of abortion that we think are too disgusting to be legal. If you buy that argument, you’ve basically gotten rid of abortion down to about 14 weeks. If you have a problem with pulling out an intact fetus that has been suctioned by the brain, you’re going to have a bigger problem with pulling out arms and legs that aren’t attached to anything,” she says, noting that dismemberment is commonly used in second-trimester abortions.

Indeed, right now much of the pro-life strategy is focused on changing the way people think about abortion. Some of that happens largely outside the law, through things like clinics and pregnancy crisis centers, anti-abortion organizations that disguise themselves as health clinics. But within the law, opponents of legal abortion are using a variety of subtle measures to create legal and rhetorical recognition of fetal personhood, which they hope will in turn undermine Roe.

Attorney General John Ashcroft demonstrated this immediately after the Partial Birth Abortion Ban was passed. At 11:40 a.m. on the day Bush signed the law, the Justice Department’s entire civil rights office was called into what a Justice Department source describes as a highly unusual meeting. There, civil rights attorneys — who ordinarily prosecute offenses like hate crimes, racial harassment and anti-abortion terrorism — were told they would be in charge of prosecuting the doctors thought to be in violation of the new abortion ban.

To an outsider, the question of which division prosecutes a law might seem like a minor bureaucratic detail, but it would have had two immediate consequences. First, it would have impeded the efforts of career civil rights lawyers to prosecute crimes against clinics and doctors by abortion opponents. According to the Justice Department source, merely by accusing those same doctors of violating the Partial Birth Abortion Ban, anti-abortion activists could force prosecutors to turn around and investigate the very victims they’d set out to protect.

Even more important, though, Ashcroft’s move was meant to frame partial-birth abortion as a violation of a fetus’ civil rights. And if a fetus is endowed with civil rights, abortion itself becomes legally and philosophically untenable.

This is also the logic behind measures like Laci and Conner’s Law. Abortion opponents, says Martinez, are “trying piece by piece to create fetal personhood that they can use to argue that Roe was wrongly decided because a fetus is a person entitled to all the rights of a person.”

The genius of some of these measures is that they actually benefit individual pregnant women. Last year, the Department of Health and Human Services amended the State Children’s Health Insurance Program to cover fetuses, but not the women who carry them. It was a fairly transparent attempt to give fetuses rights independent of their mothers, but it left pro-choice advocates in the uncomfortable position of advocating against a law that would at least indirectly provide prenatal care to women who might not otherwise have it.

“Each individual item is hard to deal with,” Martinez says of these initiatives. “They don’t lend themselves to being seen as part of an overarching agenda, but in each case there is always a better way to do what they’re trying to do.”

For example, with the government health insurance program, “the easy solution would have been to declare pregnant women eligible,” says Martinez. “By making it just the fetus, it left women out. They actually debated whether pain medication during delivery would be covered, because it would benefit the woman, not the fetus. In the end they said it would be allowed because if labor was prolonged because of pain to the women, the fetus might be injured. This is treating the woman like she was a vessel.”

Similarly, she says, when the Laci Peterson law was being debated, pro-choice lawmakers offered legislation to increase penalties for injury to a pregnant women. “They rejected that,” says Martinez. “They’re not interested in protecting a woman who is beaten and killed. They’re only interested in elevating the fetus.”

Anti-abortion activists don’t wholly disagree. “From our perspective, until the majority of Americans see abortion as the killing of a child, we are not going to substantively change things,” says Brown.

Indeed, very few people believe that there is a national abortion ban in America’s immediate future. That doesn’t mean, though, that Roe vs. Wade is secure. If Bush is reelected and has the opportunity to appoint a new Supreme Court justice, the court will have an anti-abortion majority, and the precedent will likely be doomed.

If Roe vs. Wade is overturned, abortion won’t become illegal everywhere — it will be up to individual states. Middle-class women on the coast will continue to have access to reproductive care, much as they did before Roe. Women in conservative states who can afford to travel will also be able to get abortions. Other women with unwanted pregnancies will be out of luck.

In many ways, though, they already are. The combined threats of terrorism, harassment and onerous government regulation has driven many clinics out of business. According to the National Abortion Federation, 97 percent of non-urban counties don’t have an abortion provider. In Texas, there’s no abortion clinic north of Dallas. Nor are reproductive health clinics welcome in other parts of the state. David Morris reported in AlterNet that when Planned Parenthood hired a construction company to build a clinic in Austin, a right-wing coalition organized the Austin Area Pro-Life Concrete Contractors and Suppliers Association, which boycotted the builder. “The Association’s boycott of the project achieved complete success,” Morris wrote. “Every concrete supplier within 60 miles of Austin refused to supply materials. Construction stopped.”

Are abortion rights imperiled, then? “If you live in [a conservative] state and you regard having to drive a very long way to get to the nearest provider as a threat to your health, then yes,” says Gorney. “But that’s been true for a long time.”

Yet it’s also clear that the architects of these policies have in mind much more than the perpetuation of the status quo, or even a return to the pre-Roe days when abortion legislation was left to the states.

In 1996, 45 leading conservatives signed a document called “The America We Seek: A Statement of Pro-Life Principle and concern.” Among the signatories were Michael McConnell, one of Bush’s federal appeals court nominees, former Christian Coalition executive director Ralph Reed, and neoconservative intellectual William Kristol. The statement laid out their hope of eventually amending the Constitution to outlaw abortion, but acknowledged that in the immediate future, only incremental measures were feasible.

“In its 1992 Casey decision, the Supreme Court agreed that the State of Pennsylvania could regulate the abortion industry in a number of ways,” the document says. “These regulations do not afford any direct legal protection to the unborn child. Yet experience has shown that such regulations — genuine informed consent, waiting periods, parental notification — reduce abortions in a locality, especially when coupled with positive efforts to promote alternatives to abortion and service to women in crisis. A national effort to enact Pennsylvania-type regulations in all fifty states would be a modest but important step toward the America we seek.

“Congress also has the opportunity to contribute to legal reform of the abortion license,” the statement continued. “A number of proposals are now being debated in the Congress, including bans on certain methods of abortion and restrictions on federal funding of abortions. We believe that Congress should adopt these measures and that the President should sign them into law. Any criminal sanctions considered in such legislation should fall upon abortionists, not upon women in crisis. We further urge the discussion of means by which Congress could recognize the unborn child as a human person entitled to the protection of the Constitution.”

All of this is being fulfilled. “I don’t think Bush will be shy about signing pro-life legislation,” says the Christian Coalition’s Backlin. “He’s proved his courage in so many areas, and that will continue in the pro-life legislation field.”

Pro-choice activists can only hope that those who seek a different America begin to notice, and to care.

Michelle Goldberg is a frequent contributor to Salon and the author of "Kingdom Coming: The Rise of Christian Nationalism" (WW Norton).

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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