George W. Bush

The quiet fall of an American terrorist

In late 2001, antiabortion fanatic Clayton Waagner used packets of bogus anthrax to shut down scores of clinics nationwide. When he was convicted last week, the press was notably absent.

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Only a couple of years ago, Clayton Waagner was one of three extreme-right American terrorists on the FBI’s 10 Most Wanted list, a self-styled avenging angel of the unborn. In the autumn of 2001, at the apex of national fear about terrorist strikes and deadly anthrax attacks, he mailed hundreds of envelopes stuffed with white powder and threatening letters to abortion clinics and reproductive rights organizations — all in the name of the antiabortion Army of God. Doctors, staffers, clients and their families were terrified, and hundreds of clinics were shut down. That made Clayton Waagner a celebrity, of sorts, and to some, a hero.

Waagner lost his spot atop the 10 Most Wanted lists when an alert Kinko’s clerk outside of Cincinnati recognized him from a wanted poster, and in a federal courtroom in Philadelphia last week, he was convicted of threatening the use of weapons of mass destruction and other federal charges, more than 50 counts in all. The two-week trial was remarkable not so much for its verdict as for the near-complete lack of media attention that it attracted. Perhaps the conclusion was too anticlimactic, a foregone conclusion. Or perhaps it was because Attorney General John Ashcroft’s prosecutors sought to make the trial not about abortion, but about “anthrax hoaxes.” In a news culture obsessed with Osama bin Laden and Saddam Hussein and overseas terror threats, few reporters were there for the denouement.

Though he now faces a possible sentence of life in prison, Waagner went down without a word of regret or remorse. Acting as his own attorney, he said in his closing argument to the jury that he was “tickled” that people were terrorized by the anthrax threats. After the verdict was read, he shook the prosecutors’ hands and then told the judge: “It was fun.” The feds want to talk with him further about the violent antiabortion underground, but he told FBI agent James Fitzgerald, who took his original confession: “I’m still not going to cooperate.”

Perhaps it’s no surprise that Waagner’s story is already disappearing into the deep shadows still cast by Sept. 11, 2001. But he was very much a part of that story, and the fear he created, amplified in that climate of terror, still reverberates through the culture.

Waagner was in federal custody awaiting sentencing on federal weapons and stolen vehicle charges — none related to antiabortion activities — when he made a dramatic escape from federal custody in February 2001. On the lam, he declared himself to be “God’s warrior” and a “terrorist” in a manifesto published on the Army of God Web site. He threatened to kill as many abortion providers as he could. He robbed banks, bought guns and computers, stalked clinics, and prepared for war against abortion.

He never fired a shot, but he contributed to the terrorization of the nation at its lowest moment in recent history. He mailed or FedEx’d some 550 envelopes containing white powder to abortion rights organizations and clinics in the name of the Army of God. “You have been exposed to anthrax,” each letter announced. “We are going to kill all of you. From the Army of God, Virginia Dare Chapter.”

Waagner’s threatening packages arrived during the same period when real anthrax attacks on media outlets and Congress killed five people. Even Ashcroft, a resolute abortion opponent, called Waagner a terrorist. The entire nation was on edge, fearful of the threat of all forms of terrorism. Indeed, in response to some of Waagner’s missives, whole city blocks were evacuated. People were stripped and hosed down with Clorox by hazmat teams in protective spacesuits.

Although the victims of the anthrax threats testified at Waagner’s trial, the significance of their experience was nowhere to be seen in the press coverage. On the same day that the victims testified, the news media’s angle du jour was that Waagner had mistakenly sent one powder packet to a Pennsylvania antiabortion crisis pregnancy center. While this made Waagner look foolish, unreported were the extraordinary horrors of Waagner’s acts of terror around the country. The trivialization of Waagner’s crimes by inattention and the depiction of him as a buffoon concerns Ann Glazier, director of clinic security at Planned Parenthood Federation of America for the past 10 years.

“Some of those women [who received the anthrax threats] are still terrified,” she told Salon. “They cannot talk about this without breaking into tears and shaking. So this idea that, this is a guy who sort of did this as a joke or a lark is enraging to people like me. You can look at this and see the damage.”

Glazier knows more stories of the horror’s impact than probably anyone, and they spill out over the phone line one by one. One wave of Waagner’s mailing was infused with a chemical that sets off false positives in tests for anthrax. It took the Centers for Disease Control 10-12 hours to figure it out. Glazier spent many of those hours on the phone with the terrified.

“There was no way you could treat this as anything other than the real thing,” she said. “There were women who were forced to disrobe in front of complete strangers. They were given showers and made to stand out in the cold. A hazmat team brought one woman to the hospital where the E.R. person screamed at her — ‘You contaminated the entire hospital!’ Another woman took off her clothes and was given a lab coat. She went to the hospital where she was decontaminated. But when she got to her car, she realized that all of her keys, her money, her identification, were locked up with her contaminated clothes in the hospital … Lots of people had to go through the same thing. It was terrifying and it still terrifies them.”

Waagner kept the feds on the run and abortion providers on edge for 10 months until his capture in December 2001.

Originally, Waagner wanted to use his trial as an international media stage to put abortion on trial. He planned to use the “necessity defense,” which is the argument that sometimes the crime needed to be committed to stop a different or greater crime. Waagner initially argued that if he committed any crimes, they were intended to prevent the murder of the unborn. While the necessity defense has been used successfully by women who’ve been subjected to domestic violence and, in fear of their lives, killed their husbands, no judge has ever allowed it as a defense in a case involving crimes against abortion providers. Waagner’s case proved to be no exception.

In fact, the Bush administration’s Department of Justice wanted to make certain that Waagner’s trial was not going to be about abortion. He was bitterly disappointed that he was not allowed to use the necessity defense, and made a point of getting the judge to reassure him that he could appeal partly on the court’s denial. Acting as his own attorney, Waagner tried to raise his issues at every turn. And while he got in his licks, “The prosecution made it their business to make sure that he was not able to do that,” Glazier said. “They were totally conscious that he was going to try to go there every single minute. And he did. Prosecutors always were on their feet in a flash. And he got overruled every time.”

The Department of Justice wanted to try the case narrowly on the anthrax attacks and on using the Internet to make threats. Prosecutors did everything they could to keep information about Waagner’s previous incarceration, his escape and his life on the lam out of the trial. At one point, Glazier noted, prosecutors showed the jurors a photograph of the trunk of the Mercedes Benz Waagner was driving when he was captured. The picture showed the printer he used to make the letters he mailed with the anthrax threats. But it was cropped so as not to show the case of shotgun shells that was also in the trunk.

Waagner didn’t do much to help himself during the trial. Neither did his witnesses. Waagner himself seemed torn between his pride in his career as a terrorist and maintaining the façade of innocence while acting as his own attorney. “It was as if he could not decide whether he was going to say he did it,” Glazier observed, “or whether he would hint that he was fronting for someone else. He kept going back and forth, and the jurors’ eyes were rolling around in their heads.”

“He repeatedly bragged that he had been the most wanted man in America and that he was a terrorist,” said Glazier, still incredulous about Waagner’s performance. “It was unbelievable.”

Clearly, Waagner was going to have a tough time convincing the jury of his innocence. He had given a two-hour taped confession to an FBI agent. He also made another taped confession, a bizarre episode reported by Salon at the time.

Just after Thanksgiving 2001, Waagner entered the Carrollton, Ga., home of antiabortion militant Neal Horsley, whom he supposedly tied up and held at gunpoint while confessing to the anthrax threats on tape. Horsley, best know for his notorious Nuremberg Files Web site (which crossed out the names of abortion-providing physicians after they were murdered), immediately put out the news about Waagner’s confession, and his claim to have a list of 42 clinic staff who would be killed if they did not resign their jobs. Horsley’s role and relationship to Waagner has been odd. He hyped Waagner’s mission on his Web sites, and presented him as Waagner presented himself — as a man sent by God on a mission to scare abortion providers out of business. He treated Waagner as capable of killing. This made Horsley a fan — but not, as it turned out, one who would be any help in court.

Waagner’s trial defense — for which he was unable to provide any corroboration — was that he lied to Horsley and to the FBI to throw the feds off of the scent and to “take the pressure off” other antiabortion activists.

On Horsley’s tape, played for the jury, Waagner described why he sent the packets of bogus anthrax to the clinics: “What I’ve been doing over the last nine months in a very orchestrated manner is to give those people a chance to quit. I want to demonstrate to them how truly vulnerable they are. I put anthrax in their face, or what they thought was anthrax … They have no security, none.”

Horsley was Waagner’s main defense witness, and under questioning by Waagner, Horsley talked about abortion and wept about abortion — but then maintained that he believed Waagner had mailed the anthrax threats and that he had “the capacity to do things nobody could imagine.” Looking at Waagner, he said: “You wanted to terrorize people so they would discontinue killing little babies.”

Although the drama was high, the media interest in the Waagner trial was low. There was little national coverage beyond the Associated Press. The newspapers of record, the New York Times and the Washington Post, gave the case little more than a passing mention. Observers such as Dallas Blanchard, a retired professor of sociology who has written several books on the antiabortion movement, think that Waagner’s conviction was “a foregone conclusion … [and] routine.” With “no potential dramatic disclosures,” he says, there were few elements of political soap opera to attract the press.

The news media may have been missing the forest for the trees. There was a time in 2001 when for the first time in history three of the FBI’s Ten Most Wanted criminals were antiabortion domestic terrorists. But the past year has seen a series of victories by federal agents and prosecutors against the notorious trio. Before Waagner’s conviction, Eric Rudolph, the Olympic bombing and clinic bombing suspect, was captured; and James Kopp was tried and convicted for the 1998 sniper attack that killed Dr. Barnett Slepian, an abortion provider, inside of his home in suburban Buffalo, N.Y.

Chip Berlet, senior analyst at Political Research Associates, a progressive think tank near Boston, agrees that while the outcome was not in doubt, there was more to why the press stayed away in droves. “Once somebody claims a religious motivation for an act of terrorism,” he said, “most people, including reporters and editors, become unglued.” If Waagner had been a self-identified Muslim terrorist instead of a Christian terrorist, Berlet observed, “he’d have been lynched by now.” Indeed, while news reports invariably note that he is a self-described terrorist, and dutifully quote him as saying so, they also studiously avoid use of the word “Christian.”

“The notion of Christian terrorists is a place people don’t want to go,” Glazier agreed. “And the notion of there being more than one Christian terrorist is a place where people also don’t want to go.”

Reporters and editors often “fear to offend,” added Berlet. “But if it’s fair to say if we can see the religious motivations in the Taliban, we ought to be able to see them in Waagner or Eric Rudolph.” He notes that although Waagner and his associates in the Army of God “represent a tiny fraction of the wider Christian right, people don’t know how to make sense of it.” And reporters, he says, “walk away from it.”

Though Waagner’s crimes fiercely exploited the fears created by 9/11, Berlet says the press has tended to diminish the crimes. For example, he says, most of the stories use the term “anthrax hoax” to describe Waagner’s crimes. But “just because a terrorist threat turns out to be a hoax does not mean that it has no effect.”

Waagner has been closely linked to the violent, antiabortion Army of God. To this day the group hails him as a “Hero of the Faith” on its Web site, along with such antiabortion luminaries as Paul Hill, who was executed in Florida for murdering an abortion provider and a volunteer escort. He is known to have corresponded with Army of God leaders prior to his escape from prison. An allegedly autobiographical account of Waagner’s career as a terrorist is available on the AOG Web site and the proceeds go to Waagner’s wife. Titled “Fighting the Great American Holocaust,” the cover art is a self-portrait in which Waagner is wearing mirror-lensed glasses that reflect two figures in white hazmat suits at work before a Planned Parenthood sign.

“While an FBI Most Wanted Fugitive, I made my most effective attack on the abortion industry,” reads the account. “In October of 2001 I mailed fake anthrax to 500 abortion clinics. In November of 2001 I Federal Expressed another 300 fake anthrax letters. The white powder I used was harmless, but tested positive for anthrax.

“Most of the 580 abortion clinics I closed in 2001 remained closed for a week, resulting in 3,940 clinic closure days, and the disruption of nearly 20,000 scheduled abortions. According to abortion clinic numbers, 5,000 or more babies are alive today because of my act of ‘Domestic Terrorism.’

“I will spend the rest of my life in a federal prison. It seems a small price to pay.”

The frequent Web bouquets from the Army of God notwithstanding, Waagner received little personal support at his trial. Only the Rev. Michael Bray of nearby Bowie, Md., a convicted clinic bomber and the “chaplain” of the Army of God, attended. That contrasts starkly with the gatherings of AOG members in support of James Kopp in Buffalo earlier this year and the AOG vigils at the September execution of Paul Hill in Florida.

Ann Glazier thinks that the federal heat is just too great and people are keeping their distance. Not so long ago, she says, Army of God leaders carried themselves with a certain swagger that they could threaten people and clinics with impunity. But she thinks a turning point came in the run-up to Hill’s execution in September, when the Florida attorney general, two corrections officials, and the judge who sentenced Hill to death all received threatening letters containing bullets. “Suddenly it’s not so much fun to be a Christian terrorist in the Army of God anymore,” she observed.

That may be an augur for the future of the most violent wing of the antiabortion movement. Experts see that law enforcement’s view of terrorism — and its capacity for more organized response — has changed enormously. That makes it far more difficult for the violent wing of the antiabortion movement to operate.

Waagner is, in their view, an exception that proves the rule. Professor Blanchard, who taught in Pensacola, Fla., an epicenter of antiabortion attacks, thinks that while the violent element “is still there,” Waagner was an isolated entrepreneur who sought “a brief moment of fame” in exchange for “permanent security and having his most momentous decisions for the rest of his life being what flavor gum to chew.” As for the rest of the violent element, he says that they “went semi-underground under federal pressure” following the passage of the Federal Access to Clinic Entrances Act, and now “more and more resembled the militia’s ‘leaderless resistance.’”

Ellie Smeal, president of the Feminist Majority Foundation, has a similar view. Law enforcement’s response to antiabortion violence has greatly improved, she says. She notes that there is “a more profound appreciation for how terrible terrorism can be and how it can destroy a society.” But “the investigative work that would lead you to the next one is falling short,” Smeal says. There are people still at large who “aided and abetted Kopp and Rudolph, and whoever is winding them up … The odds are we are not done with this, and we won’t be until the core that has been encouraging violence, itself unravels.”

“It’s not unlike al-Qaida,” she observed. “The 19 hijackers died but they certainly did not act alone. But so far, nobody higher up has been arrested.”

Did Waagner have help while he was on the lam? “Absolutely,” said Glazier. “There is no doubt in my mind.”

It is tempting to think or to believe that the worst of antiabortion terrorism is over. The capture of Waagner, Kopp and Rudolph certainly are triumphs of federal law enforcement in the age of terrorism. There have been no murders or major arsons or bombings this year. But windows have been shot out. There have been minor arsons. And anonymous threats to use of weapons of mass destruction against clinics and providers are practically routine. In 2002, according to statistics compiled by the National Abortion Federation, 23 clinics received anthrax threat in the mail. Before Waagner’s 2001 rampage, clinics reported 77 anthrax threats.

No one has been arrested in connection with any of these terrorist incidents before or since Clayton Waagner.

Frederick Clarkson has reported on the religious right for 15 years. He is the author of "Eternal Hostility: The Struggle Between Theocracy and Democracy" (Common Courage Press, 1997).

Using Bush’s playbook

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The Bushies are back

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

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

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

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

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

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

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

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

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

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

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

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

Bush aide blasts torture

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

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

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

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

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

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

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

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

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

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

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

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

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

Thomas Kinkade, the George W. Bush of art

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

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Thomas Kinkade, the George W. Bush of art

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

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

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

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

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

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

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

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

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

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

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

Further reading

Los Angeles Times obituary for Thomas Kinkade

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

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

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

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

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Laura Miller

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

The memo Bush tried to destroy

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

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The memo Bush tried to destroyGeorge 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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