As Richard Nixon’s White House counsel during the Watergate scandal, John Dean famously warned his boss that there was “a cancer on the presidency” that would bring down the administration unless Nixon came clean. In his new book, “Worse Than Watergate: The Secret Presidency of George W. Bush,” Dean warns the country that the Bush administration is even more secretive and authoritarian than Nixon’s — in fact, he writes, it’s “the most secretive presidency of my lifetime.”
“To say that the [Bush-Cheney] secret presidency is undemocratic is an understatement,” he adds. “I’m anything but skittish about government, but I must say this administration is truly scary and, given the times we live in, frighteningly dangerous.”
Dean’s new book is being published, appropriately, as the country is being treated to another spectacle of Nixonian smearing and stonewalling by the Bush White House. Rather than come clean about its pre-9/11 security policies, the administration has engaged in a frenzied counterattack on its whistle-blowing former terrorism chief, Richard Clarke, while refusing to let National Security Advisor Condoleezza Rice testify before the bipartisan panel investigating the terror attack until the political pressure became overwhelming.
Dean conversed with Salon by e-mail from his Los Angeles home.
How is the Bush-Cheney administration more secretive than Nixon’s?
A few examples make the point. Nixon became a secretive president, as his presidency proceeded, while Bush and Cheney were secretive from the outset. Nixon actually tried to reduce the excessive national security classification of documents (through a panel headed by the man who is now chief justice of the United States), while Bush and Cheney have tried to increase classification (and 9/11 does not hold up as the reason for much of it). Nixon only abused executive privilege (the power of a president to withhold information from his constitutional co-equals) after Watergate, while Bush and Cheney have sought to abuse the privilege from the outset. Nixon was never taken to court by the General Accounting Office for refusing to provide information about executive activities, while Bush and Cheney forced GAO to go to court (where GAO lost under a recently appointed Bush judge). Nixon believed presidential papers should be available for historians, but Bush has undermined the laws to make such records available to the public.
While Nixon’s presidency gave currency to the term “stonewalling,” Bush and Cheney have made stonewalling their standard procedure, far in excess of Nixon. In short, in every area one looks, Bush and Cheney are more secretive than Nixon ever imagined being. I have mentioned but a few.
Why have Congress and the press allowed Dick Cheney to get away with his stonewalling tactics on the energy task force, Halliburton, duck hunting with Justice Scalia, and other questionable aspects of his vice presidency?
I would add to the list Cheney’s outrageous stonewalling about his health, which we know is bad, notwithstanding his effort to keep the details secret. The Congress lets Cheney do anything he wants because Republicans control it, and Cheney is their heavy in the White House for getting things done. Cheney, so long as Republicans control, will not have to answer, but should we return to divided government in 2004 or 2006 and Cheney is still in the White House, that will end.
There has never been a vice president — ever (and even including Spiro Agnew who was Nixon’s) — who needed to be investigated more than Cheney. Nor has there ever been such a secretive vice president. Dick Cheney is the power behind the Bush throne. Frankly, I am baffled why the mainstream news media has given Cheney (not to mention Bush) a free ride. I don’t know if it is generational, or corporate ownership, or political bias, but it is clear that Cheney has been given a pass by the major news organizations.
Do you feel the vice president has, after more than three years of secretive governing from an undisclosed location, become a political liability to the president? How likely is it that Bush will drop him from the ticket this year?
Dick Cheney is a political disaster awaiting recognition. In the book, I set forth a relatively long list of inchoate scandals, not to mention problems worse than scandals. They all involve Cheney in varying degrees. Bush can’t dump Cheney, for it is Cheney, not Rove, who is Bush’s backroom brain. He is actually a co-president. Bush doesn’t enjoy studying and devising policy. Cheney does. While Cheney has tutored Bush for almost four years, and Bush is better prepared today than when he entered the job, Cheney is quietly guiding this administration. Cheney knows how to play Bush so that Cheney is absolutely no threat to him, makes him feel he is president, but Bush can’t function without a script, or without Cheney. Bush is head of state; Cheney is head of government.
If, say, the Securities and Exchange Commission’s current investigation of Halliburton’s accounting also discovers that Cheney engaged in insider trading when he left Halliburton (which the facts suggest is highly likely), and this matter erupts before the Republican convention, then Cheney might be forced to step aside. Cheney always has his bad-health excuse anytime he wants to take it — because it is a fact. He has a certain immunity as vice president, but if he were to be dropped from the ticket (or he and Bush lose), I believe Cheney would have serious problems which he would no longer be able to deflect. Thus, he will stay and fight like hell to win.
I quote Cheney from his time in the Ford White House when he said, “Principle is okay up to a certain point, but principle doesn’t do any good if you lose.” I think this statement sums up Cheney’s thinking nicely.
You write that Bush and Cheney have not leveled with America about their true agenda. What is it?
Because of their secrecy, it takes a lot of work to connect the dots. I’ve not connected them all, but enough of them to know that the only agenda they had during the first term was to get a second term — which meant secretly taking care of their major contributors. Should they get a second term, we know their secret agenda, for they have quietly stated it: They intend to make sure the Republicans control the federal government (all three branches) indefinitely, if possible. In short, the Bush-Cheney agenda is about perpetuating Republican rule by taking particularly good care of major contributors who share their views of the world.
Karl Rove also plays a unique role in the Bush administration. One close observer says in your book that he’s “Haldeman and Ehrlichman all in one.” Explain.
Rove’s unique role is that he is a political guy making policy decisions for political reasons. Decisions in the Bush White House are made not based on what is best for the public interest, rather what will get the president the most mileage with his base, and best political advantage. Not since Nixon’s so-called responsiveness program — which was uncovered during the Watergate investigation — have we had such overt political decision-making.
The reference to Haldeman and Ehrlichman as explaining Rove was a quip from a friend of mine from the Nixon White House who has had dealings with Rove. Since Rove is a revengeful fellow, my friend will remain nameless. But my friend was telegraphing a lot of information about Rove with this bit of shorthand — for anyone who has any knowledge of the Nixon White House and Watergate, they know Haldeman and Ehrlichman were the heavies. First, it is a compliment in that both Haldeman and Ehrlichman were very smart, and highly efficient. But what it tells us is that Rove is ruthless, for both Haldeman and Ehrlichman were that too.
Both Haldeman and Ehrlichman saw the world through a political lens, and what was most likely to help Richard Nixon get reelected. So does Rove. Haldeman was involved with procedure (broadly speaking, I mean who was doing what at the White House, arranging the presidential travel and appearances for maximum political benefit, and constantly mindful of the president’s image and making him look good), and Ehrlichman was the substance guy (who developed domestic policies, but accounting for the political impact). Rove controls both.
Had Haldeman and Ehrlichman not received the longest sentences of any of those involved in Watergate, Rove would probably be pleased by the comparison.
Karl Rove first came to your attention during Watergate. In what ways is he the reincarnation of Nixon dirty tricksters like Charles Colson and Donald Segretti?
He is way beyond anything Nixon had at his disposal. He is closer to a behind-the-scenes Nixon operator named Murray Chotiner, who could cut off an opponent at the knees so quickly the person did not immediately realize he had been crippled. As I note in the book, the first time I heard the name Karl Rove was when I was asked if I knew anything about him by one of the Watergate special prosecutors who was investigating campaign dirty tricks. I didn’t have any knowledge. But I recalled that question when working on this book, and located a memorandum in the files of the Watergate prosecutor’s office that indicates they were asking others as well about Rove. Based on my review of the files, it appears the Watergate prosecutors were interested in Rove’s activities in 1972, but because they had bigger fish to fry they did not aggressively investigate him.
Colson was brutal, cruel and vicious before he found God (during Watergate). While he once famously said he would run over his grandmother to get Nixon reelected, today I suspect he’d run over his grandmother to convert a few heathens to Christ. Segretti did not engage in the kind of dirty politics that Colson liked to play. Segretti was a political prankster, who only by accident got associated with Watergate. Nothing that Segretti did, that I know of, could be called sinister. Colson, on the other hand, was as nasty a political operative as could be found. Indeed, to this day we don’t know the full extent of Colson’s activities. He even refused to tell Nixon some of the things he had done (while boasting to Nixon he had done things he didn’t want to tell the president). Colson walked out of the White House with any of his papers and records that might cause him a problem. Karl Rove, from what I’ve seen, makes Colson look like a novice.
Bush has managed to stay above the ugly tactics used against opponents like John McCain and now John Kerry. Does he privately give them his blessing?
Of course. All candidates control their campaigns, and if they don’t want such activity, it doesn’t occur. As I discovered in talking to people about Bush, he is a highly sophisticated political operator. I’ve noted in the book that Rove gets the credit for being Bush’s political brain. It’s an arrangement both men like, because it raises Rove’s importance as a political operator, and lowers Bush’s exposure. In truth, Bush is probably more politically savvy than Rove. Both men learned their politics from Lee Atwater, who ran Bush senior’s 1988 campaign. Atwater made dirty politics into an art form, by which I mean he provided those for whom dirty deeds were done deniability while Atwater’s people tore up an opponent’s pea-patch and everything else. I expect the 2004 presidential campaign to make Richard Nixon look like a high-road campaigner.
At least until recently, the Bush administration has successfully used the public’s fear of terrorism to advance its agenda. You go so far as to agree with Gen. Tommy Franks’ dark prediction that another major terror attack on U.S. citizens will drive the country to suspend the Constitution. Why do you fear that?
As I state in the book, I agree for reasons that probably differ from those of Gen. Franks. The short summary of what is really a thread that runs through the book is that when you have a presidency that has no regard for human life, that develops and implements all (not just national security) policy in secrecy, and is driven by political motives and a radical philosophy, it is impossible not to conclude that they will overreact — and at the expense of our constitutional safeguards. Bush and Cheney enjoy using power to make and wield swords, not ploughs. They prefer to rule by fear. We’ve had three years to take the measure of these men. I’ve done so and reported what I found in a book I never planned to write, but because others were not talking about these issues, I believed they needed to be placed on the table.
Bush and Cheney have exploited terrorism ever since 9/11. Now they are exploiting it to get reelected. Should there be an even more serious threat, they have found that when Americans are frightened they can be governed like sheep, which suits Bush and Cheney perfectly. Rather than taking the terror out of terrorism by educating and informing Americans, they have sought to make terrorism as frightening as possible — using terrorism to launch a war of aggression that is breeding a new generation of terrorists and getting the Congress to pass the most repressive new laws imaginable and calling it an act of patriotism.
Do you think Bush has an enemies list? Are you on it?
I don’t believe that Bush, Cheney or Rove are foolish enough to actually maintain such a list — as was foolishly done in the Nixon White House. But I believe they have long memories. As to how they feel about me, I could care less. As I explain in the book, I used many of my sources on background because this is a White House that takes revenge, and its supporters and surrogates play as dirty as they can get away with. The truth for this White House is not very pleasant, and my writing about it will not be appreciated. I didn’t write this book for those who believe that Bush and Cheney have got it right, and don’t want to hear otherwise. Rather I wrote it because a lot of people suspect that they’ve gotten it wrong, and needed someone who knows the workings of the White House to explain what is going on and why.
If the Bush-Cheney scandals are “worse than Watergate,” why hasn’t this administration produced a whistle-blowing John Dean?
First, I make very clear in the book that while the underlying conduct is worse than Watergate, it has not — yet — erupted into a scandal like Watergate. Like anyone at the White House, yours truly included, you first try to work within the system — to right things you know are wrong. Take former terrorism czar Richard Clarke. He certainly tried to get the Bush administration to address the problems of terrorism sooner rather than later, but failed. After leaving government he remained troubled about the Bush administration’s failures to deal with terrorism, for he knows better than most that the war in Iraq only added to the problems. So he testified truthfully before the 9/11 commission — which is all I did. Or take former Treasury Secretary Paul O’Neill. He tried to work within the system. However, he was fired for telling the truth and expressing his well-founded concern about Bush’s excessive tax cuts for the upper incomes. This is a presidency that does not like the truth told about their activities.
If, as I believe to be the case, things are going to get rough for Bush and Cheney given the potential scandals they face, others like Clarke and O’Neill may fill the role I found myself having to fulfill. But the stakes are higher now. No one died because of the abuses of power known as Watergate. Too many have died (and more in the future may) because of the abuses of power by this presidency. That’s why their abuses are worse than Watergate.
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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