George W. Bush

Mystery man

Why the White House deleted the name of Bush pal and Saudi go-between James Bath from the president's military records is a tantalizing but unanswered question.

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Last month, before the 9/11 commission began its public hearings and Iraq exploded in renewed warfare, the White House tried to quell a gathering storm regarding President Bush’s military service, releasing hundreds of documents about Bush’s tenure in the Texas Air National Guard some 30 years ago. A close examination of the documents reveals that they not only fail to answer lingering questions about Bush’s service but prompt a crucial new area of inquiry that could play a role in the presidential campaign — a long and lucrative, but low-profile, relationship between Saudis and the Bush family that goes back 30 years.

The document that raises that question is dated Sept. 29, 1972, and notes that 1st Lt. George W. Bush was suspended from flying because of his “failure to accomplish [his] annual medical examination.” Since he had just received hundreds of thousands of dollars’ worth of training as a jet fighter pilot, the fact that Bush let his medical certification lapse raises a troubling matter. Why did he allow himself to become ineligible to fly when he still had two years of service left? Given that random drug testing by the military had just started, some have suggested that Bush had not yet given up his partying ways and may have begged off because he had a substance abuse problem.

The records released by the White House last month fail to answer that question, but they do add one compelling fact to the story — namely, that Bush was not the only man in his unit to be suspended for failing to take the physical, and that someone else at Ellington Air Force Base in Houston was suspended for exactly the same reason at almost the same time. However, in the documents, the second man’s name was inexplicably redacted — raising new questions.

Throughout the reams of documents released by the administration, standard practice was to allow each National Guardsman’s name to be printed in full. Why did the White House make an exception in this case? Why would the Bush administration want to make sure this name in particular did not make it into the public eye?

The White House declined to answer these questions. However, the same document that was redacted by the White House had been the subject of a Freedom of Information Act request filed by Marty Heldt, who was investigating the story before the 2000 presidential election. In the same document that the White House selectively censored for release to the public, the name of the man who was also suspended with Bush is clearly printed. His name: James R. Bath.

Reached at his home near Houston, Bath, who has been a business associate and friend of George W. Bush’s for about 30 years, acknowledged to Salon that he was the man in question, but he dismissed the suspensions as trivial. “It happens all the time, especially in the Guard,” he said. “In a regular squadron it is real easy to get your physical, but in a Guard unit, it is a different kettle of fish because the flight surgeon is also a civilian.”

Bath, who referred to Bush as “Geo” because his first name appeared in that abbreviated form on his National Guard uniform, said that “the base is a ghost town except when the whole unit is there. When you fall out of requirements, it is no big deal; you are simply not able to be on the flying schedule. That is it, full stop.”

Bath asserted that allegations that Bush had been using drugs are a “bogus issue,” but declined to answer precisely why he and Bush failed to undergo their physicals. “I’m telling you that it [drug use] did not happen. It is beyond laughable. I wasn’t with him 24/7, but Geo did not use drugs. Geo did not use drugs, and I really know the facts.”

In addition to those still unanswered questions, there is now the issue of why the White House redacted Bath’s name, an issue that has been absent from the mainstream media but that has been debated on weblogs such as Calpundit and Code Name: Monkey.

As it happens, when I interviewed Bath for my recently published book, “House of Bush, House of Saud,” I discovered that the White House may not want to reveal his name because Bath, a Houston businessman who became friends with George W. Bush in the ’70s, is the middleman in a story Bush doesn’t particularly want told — the saga of how the richest family in the world, the House of Saud, and its surrogates courted the Bush family. Bath was present at the birth of a relationship that would bring more than $1.4 billion in investments and contracts from the House of Saud to the House of Bush over more than 20 years. The blotting out of Bath’s name indicates President Bush’s extreme sensitivity about his family’s extensive connections with the Saudis.

About 6 feet tall, trim and balding, Bath mingles a wry, folksy Texas charm with the machismo of a veteran jet fighter pilot. It is a combination that has served him well in cultivating relationships with the greatest Texas power brokers of the last generation — from former Gov. John Connally to the Bush family.

A native of Natchitoches, La., Bath moved to Houston in 1965 at age 29 to join the Texas Air National Guard. In 1968, he was hired by Atlantic Aviation, a Delaware company that sells business aircraft, to open an office in Houston. He went on to become an airplane broker on his own. Sometime around 1974 — Bath doesn’t recall the exact date — he was trying to sell an F-27 turboprop when he received a phone call that changed his life.

The man on the phone was Salem bin Laden, heir to the great Saudi Binladin Group fortune. Then only about 25, Salem was also the older brother of Osama bin Laden, then 17.

Bath not only had a buyer for a plane no one else wanted but also had stumbled upon an extraordinary source of wealth and power. Bath ended up befriending both Salem bin Laden and his close associate, Khalid bin Mahfouz, then also about 25 and heir to the National Commercial Bank of Saudi Arabia, the biggest banking empire in the kingdom. Bath immediately took to the two men. “I like the Saudi mentality. They like guns, horses, aviation, the outdoors,” he told me. “We had a lot in common.”

In many ways, bin Mahfouz and bin Laden were Saudi versions of the well-heeled good old boys Bath knew so well. “In Texas, you’ll find the rich carrying on about being just being poor country boys,” he says. “Well, these guys were masters of playing the poor, simple Bedouin kid.”

In fact, they were anything but poor. The Saudi Binladin Group was on its way to becoming the Saudi equivalent of Bechtel, the huge California construction and engineering firm. Likewise, bin Mahfouz had begun to build the National Commercial Bank into the Saudi version of Citibank, paving the way for it to enter the era of globalization.

Already close to the royal family in Saudi Arabia, bin Laden and bin Mahfouz sought to develop similar relationships in the United States. With Bath tutoring them in the ways of the West, they started coming to Houston regularly in the mid-’70s. Salem came first, buying planes and construction equipment for his family’s company. He bought houses in Marble Falls on Lake Travis in central Texas’ hill country and near Orlando, Fla. He started an aircraft services company in San Antonio, Binladen Aviation, largely to manage his small fleet of planes. He converted a BAC-111 for his personal use. For fun, he flew Lear jets, ultralights and other planes around central Texas. “He loved to fly, and spent more time trying to entertain himself than anyone I know,” says Dee Howard, a San Antonio engineer who converted several aircraft for bin Laden.

Westerners who knew the family found them irresistible. “Salem was a crazy bastard — and a delightful guy,” says Terry Bennett, a doctor who attended the bin Ladens in Saudi Arabia. “All the bin Ladens filled the room. It was like being in the room with Bill Clinton or someone — you were aware that they were there.”

As the Saudis became entrenched in Texas in the ’70s, bin Mahfouz bought an enormous, rambling $3.5 million faux chateau, later known as Houston’s Versailles, in the posh River Oaks section of Houston. He also purchased a 4,000-acre ranch in Liberty County on the Trinity River near James Bath’s ranch. “They loved the ranch and they loved the country life,” says Bath. “There was a real affinity between Texas and life in the kingdom. Khalid would come out to the ranch with the family and the kids, to ride horses, shoot guns, [watch] fireworks. They’d been going to England forever. But Texas — there was the novelty.”

In the ’70s, wealthy Saudis courted Democrats through prominent figures such as former Secretary of Defense Clark Clifford, a Washington super-lawyer, and Bert Lance, head of the Office of Management and Budget under Jimmy Carter. On the GOP side, they went to James Bath. Bath did not have nearly the stature that Clifford had. Nevertheless, he counted among his friends and business associates no fewer than five Texans who at one time or another would be considered presidential candidates.

Bath was friendly with the family of Lloyd Bentsen, the Democratic senator who was the vice-presidential candidate in 1988 and became secretary of the Treasury. He was a partner of one of the senator’s sons, Lan Bentsen, in a small real estate firm. While he served in the Texas Air National Guard, Bath also became friendly with George W. Bush, who had begun training in 1970 as a pilot of F-102 fighters at Ellington Air Force Base near Houston. They were members of the “Champagne Unit” of the National Guard, so called as the vehicle through which the sons of Houston society escaped serving in the Vietnam War.

In the mid-’70s, the young Bush introduced Bath to his father, George H.W. Bush, a former U.S. ambassador to the United Nations, chairman of the Republican National Committee and, under President Ford, chief plenipotentiary of the U.S. mission to China. There was also Bath’s duck-hunting buddy, James A. Baker III, then in his mid-40s, one of Houston’s most powerful corporate attorneys and a true Texas patrician as a member of one of the oldest and wealthiest families in the city. Finally, there was John Connally, the former Democratic Texas governor who became secretary of the Treasury under Nixon in 1971 and had switched to the Republican Party.

By 1976, bin Laden had appointed Bath to be his American business representative. Bin Mahfouz drew up a similar arrangement with him. Bath was more than simply someone who could provide the Saudis with an entree to political power brokers. But exactly what he did beyond that, in the intelligence world and elsewhere, is shrouded in mystery. When asked about his career, Bath downplays his importance. By his account, he is merely “a small, obscure businessman.” It has often been said that he was in the CIA, but Bath denied that to Time magazine. Later, he equivocated. “There’s all sorts of degrees of civilian participation [in the CIA],” he told me. “It runs the whole spectrum, [from] maybe passing on relevant data to more substantive things. The people who are called on by their government and serve — I don’t think you’re going to find them talking about it. Were that the case with me, I’m almost certain you wouldn’t find me talking about it.”

Bath’s role in investing for the Saudis took various forms. “The investments were sometimes in my name as trustee, sometimes offshore corporations and sometimes in the name of a law firm,” he says. “It would vary.”

Bath generally received a 5 percent interest as his fee and was sometimes listed as a trustee in related corporate documents.

On behalf of Salem bin Laden, Bath purchased the Houston Gulf Airport, a small, private facility in League City, Texas, 25 miles east of Houston. He also became the sole director of Skyway Aircraft Leasing in the Cayman Islands, which was owned by bin Mahfouz.

Through Skyway, Bath brokered about $150 million worth of private aircraft deals to major stockholders in the Middle Eastern Bank of Credit and Commerce International, such as Ghaith Pharaon, a Saudi billionaire, and Sheik Zayed bin Sultan an-Nahayan, president of the United Arab Emirates. To incorporate his companies in the Cayman Islands, Bath used the same firm that set up a money-collecting front for Oliver North in the Iran-Contra affair. He also served as an intermediary between the Saudis and Connally, who, having served as Nixon’s Treasury secretary, began to position himself for a shot at the White House in 1980.

In August 1977, Connally and Bath teamed up with bin Mahfouz and his friend Pharaon to buy the Main Bank of Houston, a small community bank with about $70 million in assets.

Through Main Bank, the young Saudis had established ties to Connally. They were now in business with a legitimate presidential contender who seemed well positioned for the 1980 campaign. Having business partnerships with an American presidential candidate elevated them enormously in the eyes of Saudis back home, especially the royal family.

At the time, Connally had only one serious political rival in Texas — George H.W. Bush, a man with little of Connally’s charisma. A Connecticut Yankee who constantly had to prove his Texas bona fides, Bush had a somewhat understated style that only accentuated his upper-class New England background. Connally was unabashed about being the biggest lawyer for Arab money in Texas. Bush kept his distance. Next to Connally, he seemed bland indeed. Nevertheless, within a few years, Saudis seeking access to the highest levels of American power soon forgot Lance, Clifford and Connally, realizing that Bush was the man to see.

Bath denies that money went from bin Mahfouz and bin Laden through him into Arbusto Energy, the first oil company started by George W. Bush. Bath had fronted for the two Saudi billionaires on other deals, but in this case, he says, “100 percent of those funds were mine. It was a purely personal investment.” Bin Laden and bin Mahfouz, he insists, had nothing to do with either the elder Bush or his son. “They never met Bush — ever,” Bath says. “And there was no reason to. At that point, Bush was a young guy just out of Yale, a struggling young entrepreneur trying to get a drilling fund.”

No evidence has emerged to contradict Bath. But in 1982, bin Mahfouz helped develop a 75-story skyscraper for the Texas Commerce Bank, which had been founded by Baker’s family. That investment meant that the young Saudi now had shared business interests with the chief of staff to President Reagan.

Later in the ’80s, bin Mahfouz’s associates came to the rescue of Harken Energy, a struggling Dallas oil company of which George W. Bush was a director. And both the bin Mahfouz family and the bin Ladens participated in the Carlyle Group, the giant Washington private equity firm in which Bush Sr. and Baker were major figures. Over the next generation, more than $1.4 billion in investments and contracts went from the Saudis to these companies that were so close to the Bushes.

In the end, we may never know why both Bush and Bath failed to have their medical exams and lost their eligibility to fly in the National Guard. During the 2000 presidential campaign, a Bush spokesman said that Bush did not take the exam because he was in Alabama at the time, while his personal physician was back in Texas. That answer did not hold up under scrutiny, however, because only flight surgeons perform the physicals. When the same question arose this year, White House communications director Dan Bartlett had a different response. He said Bush did not undergo the physical because he knew he would be on a nonflying status in Alabama.

Why Bath’s name was blotted out in the records of Bush’s military service is an entirely different question. But it leads to a story that figures even more prominently in the headlines today. After all, he was present at the birth of the Bush-Saudi relationship.

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Craig Unger is the New York Times bestselling author of "House of Bush, House of Saud," and a frequent analyst on CNN, ABC Radio, Air America, The Charlie Rose Show, NBC's Today Show and other broadcast outlets. He has written for The New Yorker, Esquire and many other publications and is currently a contributing editor at Vanity Fair. He lives in New York City where he is a Fellow at the Center on Law and Security at NYU's School of Law.

Guess who’s coming to dinner?

George and Laura Bush dine with the Obamas

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Judy Gold

Emmy Award-winning actress and comedian Judy Gold is best known as the star of her two critically acclaimed off-Broadway shows, "The Judy Show - My Life As A Sitcom," and "25 Questions For A Jewish Mother." Judy has had her own comedy specials on HBO, Comedy Central and Logo. She appears regularly on Tru TV's World"s Dumbest. Check out www.JudyGold.com and follow her on Twitter at @JewdyGold.

Using Bush’s playbook

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The Bushies are back

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

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

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

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

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

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

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

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

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

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

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

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

Bush aide blasts torture

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

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

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

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

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

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

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

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

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

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

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

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

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

Thomas Kinkade, the George W. Bush of art

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

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Thomas Kinkade, the George W. Bush of art

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

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

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

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

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

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

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

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

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

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

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

Further reading

Los Angeles Times obituary for Thomas Kinkade

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

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

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

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

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Laura Miller

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

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