From the moment last week when Clear Channel Communications suspended Howard Stern’s syndicated morning show from the company’s radio stations, denouncing it as “vulgar, offensive and insulting,” speculation erupted that the move had more to do with Stern’s politics than his raunchy shock-jock shtick.
Stern’s loyal listeners, Clear Channel foes and many Bush administration critics immediately reached the same conclusion: The notorious jock was yanked off the air because he had recently begun trashing Bush, and Bush-friendly Clear Channel used the guise of “indecency” to shut him up. That the content of Stern’s crude show hadn’t suddenly changed, but his stance on Bush had, gave the theory more heft. That, plus his being pulled off the air in key electoral swing states such as Florida and Pennsylvania.
This week, Stern himself went on the warpath, weaving in among his familiar monologues about breasts and porn actresses accusations that Texas-based Clear Channel — whose Republican CEO, Lowry Mays, is extremely close to both George W. Bush and Bush’s father — canned him because he deviated from the company’s pro-Bush line. “I gotta tell you something,” Stern told his listeners. “There’s a lot of people saying that the second that I started saying, ‘I think we gotta get Bush out of the presidency,’ that’s when Clear Channel banged my ass outta here. Then I find out that Clear Channel is such a big contributor to President Bush, and in bed with the whole Bush administration, I’m going, ‘Maybe that’s why I was thrown off: because I don’t like the way the country is leaning too much to the religious right.’ And then, bam! Let’s get rid of Stern. I used to think, ‘Oh, I can’t believe that.’ But that’s it! That’s what’s going on here! I know it! I know it!”
Stern’s been relentless all week, detailing the close ties between Clear Channel executives and the Bush administration, and insisting that political speech, not indecency, got him in trouble with the San Antonio broadcasting giant. If he hadn’t turned against Bush, Stern told his listeners, he’d still be heard on Clear Channel stations.
In a statement released to Salon, the media company insists that “Clear Channel Radio is not operated according to any political agenda or ideology.” Clear Channel Radio chief Joe Hogan said, “The decision to suspend Howard Stern from our radio stations is based on our regulatory obligation and commitment to airing material that conforms to the standards and sensibilities of the local communities we serve.”
Although by far the most powerful, Stern is not the first radio jock to charge Clear Channel with retaliation for anti-Bush comments.
“I’m glad he’s pissed off and I hope he raises hell every single day,” says Roxanne Walker, who claims Clear Channel fired her last year because of her antiwar views. “I think any time a broader section of the population hears about the Bush administration and the Clear Channel connection, it’s a good thing.”
Walker, South Carolina Broadcasters Association’s 2002 radio personality of the year, is suing Clear Channel for violating a state law that forbids employers from punishing employees who express politically unpopular beliefs in the workplace.
“On our show we talked about politics and current events,” she tells Salon. “There were two conservative partners and me, the liberal, and that was fine. But as it became clear we were going to war, and I kept charging the war was not justified, I was reprimanded by [Clear Channel] management that I needed to tone that down. Basically I was told to shut up.” She says she was fired on April 7, 2003.
Phoenix talk show host Charles Goyette says he was kicked off his afternoon drive-time program at Clear Channel’s KFYI because of his sharp criticism of the war on Iraq. A self-described Goldwater Republican who was selected “man of the year” by the Republican Party in his local county in 1988, Goyette — more recently named best talk show host of 2003 by the Phoenix New Times — says his years with Clear Channel had been among his best in broadcasting. “The trouble started during the long march to war,” he says.
While the rest of the station’s talk lineup was in a pro-war “frenzy,” Goyette was inviting administration critics like former weapons inspector Scott Ritter on his show, and discussing complaints from the intelligence community that the analysis on Iraq was being cooked to support the White House’s pro-war agenda. This didn’t go over well with his bosses, Goyette says: “I was the Baby Ruth bar in the punch bowl.”
Soon, according to Goyette, he was having “toe-to-toe confrontations” with his local Clear Channel managers off the air about his opposition to the war. “One of my bosses said in a tone of exasperation, ‘I feel like I’m managing the Dixie Chicks,’” Goyette recalls. “I didn’t fit in with the Clear Channel corporate culture.”
Writing in the February issue of American Conservative magazine, Goyette put it this way: “Why only a couple of months after my company picked up the option on my contract for another year in the fifth-largest city in the United States, did it suddenly decide to relegate me to radio Outer Darkness? The answer lies hidden in the oil-and-water incompatibility of these two seemingly disconnected phrases: ‘Criticizing Bush’ and ‘Clear Channel.’”
Goyette, who was relegated to the dead 7-10 p.m. slot, wrote, “I was replaced on my primetime talk show by the Frick and Frack of Bushophiles, two giggling guys who think everything our tongue-tied president does is ‘Most excellent, dude!’”
Whether Stern was suspended because of his Bush-bashing — or only because of his Bush-bashing — is open to question. As reported in Salon, the media behemoth had another powerful reason to clean up its image: In the wake of Janet Jackson’s nipplegate, broadcasters faced hostile congressional hearings about indecency on the airwaves and a new bill that would drastically increase the penalties for it. Indeed, the day before it dropped Stern, Clear Channel fired its top-rated Tampa, Fla., shock jock, “Bubba the Love Sponge,” who had been recently fined $755,000 by the Federal Communications Commission for indecency.
Several radio insiders interviewed by Salon are skeptical of Stern’s inference about his suspension. “I don’t think this had anything to do with helping Bush,” says Robert Unmacht, former publisher of the radio trade publication, the M Street Journal. “It had to do with the one thing Clear Channel cares about, their bottom line. They’re just bankers.”
Unmacht also points out that Stern appears in only six markets for Clear Channel, so dumping him was a relatively painless way to score moral points — and paint Clear Channel rival Infinity, which broadcasts most of Stern’s shows, as pandering to indecency.
“Howard thrives when he has an enemy, and this is a pretty good enemy,” Unmacht says. “Howard will rail against whoever he thinks is hurting him.”
But if Clear Channel hoped that sacking Stern for indecency would earn the company Brownie points, the shock jock’s rampage against its Bush connections has only given it another P.R. headache.
Headaches are nothing new for Clear Channel. Over the last five years the company has ballooned into a radio and music industry monster and in the process has faced numerous allegations about unfair business practices. Following the Telecommunications Act of 1996, which ushered in sweeping radio consolidations, the company has grown from 40 to approximately 1,200 stations, or roughly 970 more than its closest competitor. Clear Channel also owns nearly three dozen television stations, 770,000 billboards, and an unmatched list of venues, promoters and tours that allow it to exercise a powerful control over the concert industry.
If Clear Channel did fire Stern at least partly to prop up Bush, the move may backfire — especially if Stern’s rage against Clear Channel feeds his newfound distaste for the president. Stern’s audience contains many independents and potential swing voters.
At least one radio pro suggests Stern’s sudden turn against Bush could prove costly to the administration during this election year. “Absolutely it should be of concern for the White House,” says Michael Harrison, the publisher of Talkers magazine, a nonpartisan trade magazine serving talk radio. “Howard Stern will be an influential force for the public and for other talk show hosts during the election. Despite the shock jock thing, Stern has credibility. He’s looked upon as an honest person.
“Clear Channel is a good target and Stern may be honestly upset with them. But over time he’ll realize Bush makes a better target, and Stern could be the leader of a new anti-Bush movement. Bush is very vulnerable at talk radio and Stern could reinvent himself as a new, improved Stern and take on more serious issues.”
The new Stern may be coming, but the old Stern is still holding the mike. In recent days, when not pounding Clear Channel and Bush, Stern updated listeners on his bouts of late-night masturbation and welcomed to the studio a guy who likes women to vomit on him.
Stern’s political conversion came on Monday, Feb. 23, when he returned to the show after a week’s vacation and announced he’d read Al Franken’s anti-Bush book, “Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right.” That morning Stern, who had strongly backed Bush during the war on Iraq, told listeners, “If you read this book, you will never vote for George W. Bush. I think this guy is a religious fanatic and a Jesus freak, and he is just hell-bent on getting some sort of bizzaro agenda through — like a country-club agenda — so that his father will finally be proud of him … I don’t know much about Kerry, but I think I’m one of those ‘Anybody but Bush’ guys now. I don’t think G.W. is going to win. What do you think about that?”
Three days later, on the morning of Feb. 26, Stern was suspended from all six Clear Channel stations that aired his wake-up program. Company executives pointed to the Tuesday show as the reason for the suspension. During that program Stern interviewed Rick Solomon, who had starred in a sex tape with Paris Hilton. The conversation was graphic (Stern: “I can’t believe you banged her. Did you get anal?”), and one caller used a racial slur that was broadcast. But Stern’s shows are filled with such language and have been for years.
On Monday, March 2, Stern was telling his vast audience he took a hit because of his stance on Bush.
For her part, former Clear Channel jock Walker doubts that politics was behind Clear Channel’s move against Stern. “Much as I’d love this to be about Bush and politics, it’s more about sex and indecency,” she says. But she stresses the important thing for people to understand is the relationships among Clear Channel CEO Mays, vice chairman Tom Hicks and George W. Bush. Says Walker, “These are not casual acquaintances.”
Mays is a staunch Republican, a good friend of the elder George Bush, and close to the current president. “I see him all the time,” Mays told a reporter during the 2000 presidential campaign. “His father’s a friend of mine.” Mays and the company have showered the party with contributions, while essentially stiffing Democrats. Mays served as one of Texas A&M’s nine regents when the school landed the elder Bush’s presidential library. Mays subsequently became a major donor to the library. Also, former President Bush and Mays shared a podium when they were inducted into the Texas Business Hall of Fame on the same evening in 1999.
FCC chairman Michael Powell, appointed by the current president, has been pushing a strong pro-big-business, deregulation agenda, which makes Mays happy. But Texas investment banker Hicks may have an even closer relationship to Bush. Hicks, a major Bush donor, sits on the Clear Channel board. The two men helped make each other very wealthy during the 1990s. When Bush was governor of Texas he privatized the financial assets of the University of Texas, all $13 billion worth, rolled them into a single entity, and placed it under the control of Hicks, who, behind closed doors, doled out investment deals to longtime Bush family political contributors. In 1998, Hicks turned around and bought the Texas Rangers from a group of investors that included Bush; Bush pocketed $15 million off his initial investment of $605,000, most of which was borrowed.
During the 2000 campaign, Hicks announced on a conference call among Clear Channel’s senior radio executives that the company was supporting Bush’s presidential run, that everyone was encouraged to make donations, and that the legal department would be in contact with donors in order to maintain a proper roster. “Some people took out their checkbooks, but lots of people felt it was staged like a shakedown,” Salon was told last year by one knowledgeable source, who spoke on the condition of anonymity. “To be fair, Hicks told everyone they were free to vote for whoever they wanted. But some senior people felt there was an implied pressure there, especially with the mention of the law department maintaining a roster of donors.”
Clear Channel is also the corporate home of rabid Bush booster Rush Limbaugh, who spoke to company managers during a Clear Channel conference on the eve of the 2000 presidential election. According to one person who attended, Mays also addressed assembled executives, telling them a Bush administration would be good for the radio industry and good for America.
Just before the war, Clear Channel made news when its syndicated talk show host Glenn Beck began promoting “Rallies for America.” Clear Channel insisted the events were put together at the local level and not sponsored by San Antonio headquarters. Yet at a time when antiwar rallies were dominating the news, Clear Channel played a key role in giving war supporters a voice by providing a turnkey service: staging the events, acquiring any necessary permits, taking care of security, assembling speakers, and of course relentlessly publicizing the events on Clear Channel radio stations.
Clear Channel does employ some liberal talkers, such as the popular host Randi Rhodes, who broadcasts out of WJNO in West Palm Beach, Fla. Rhodes is going national this year, but it’s not Clear Channel who’s giving her a syndicated deal — it’s the Air America Radio Network, the new liberal talk network, which debuts this spring.
If Stern keeps up the Bush bashing, he might fit right in on Air America’s roster.
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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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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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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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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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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