George W. Bush

Bush’s sinking popularity

With his Social Security plan in a vegetative state and the Iraq war mired in chaos, the president's poll numbers are tanking. Is he pulling the Republican Party down with him?

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Bush's sinking popularity

George W. Bush lost the 2000 presidential election by half a million votes and saw the result as a mandate to rewrite the tax code and redraw the map of the world. So when he won the 2004 election by 3 million votes, liberals could have been excused for wondering what the weather would be like in Vancouver for the next four years.

Bush’s second-term agenda was so unapologetically bold — he wanted to privatize Social Security, flatten federal taxes, remake the courts and, on the side, democratize the world — it bordered on the revolutionary. In November, as liberals were sunk in the delirium of defeat, their in boxes buzzing with comic maps dividing North America into the United States of Canada and Jesusland, it seemed that nothing could rein the Republican president in.

Six months later, Bush is the dog that didn’t bite. He approaches the end of the first 100 days of his second term with approval ratings that fall below those of all other reelected presidents in the modern era. Americans aren’t happy with the direction in which the country is heading. They don’t like the economy, and they don’t like the war. They also don’t like Bush’s plans for the nation. If it isn’t already dead, Bush’s signature domestic-policy effort, the plan to privatize Social Security, is in a persistent vegetative state; hated by Democrats, independents and even Republicans, only divine intervention can save it.

Now the question is whether Bush’s sinking popularity — and his desire to stick with the unpopular Social Security plan — will hurt the Republican Party’s agenda over the next two years and beyond. The GOP continues to advocate world-changing plans. Conservatives want to amend the Constitution, alter the Senate’s rules on judicial nominees, and disrupt long-standing fiscal, environmental, global and social norms. At the same time, Bush looks boxed in. There’s no money in the federal till to implement his tax cuts. The military’s stretched too thin for him to invade another country (such as Iran). And the federal courts are holding his social agenda in check.

Some key Republicans are beginning to balk at Bush’s extremism. On questions involving the Social Security plan, or the details of the federal budget, or the confirmation of Bush’s nominees, a few moderate Republicans have begun to go against White House plans. If the American public continues to turn away from Bush, political strategists say, it’s only logical to expect more defections from their Republican representatives on Capitol Hill.

“If this guy was riding a 60 percent approval rating, it would be different,” says Ruy Teixeira, the Democratic pollster who runs the popular blog Donkey Rising. But if members of Congress begin to realize that Bush isn’t popular with the American public, “that makes them more willing to defy him.”

It’s not entirely accurate to say that the polls show the country as recently turning against Bush. What’s truer is that the country never really liked him. Only a minority of Americans have consistently agreed with his positions on most questions of policy. The main reason the majority chose him last November was his tough stance on a single issue: terrorism. Yet hard-line conservatives saw the 2004 election as a green light for right-wing radicalism — as a sign that the public wanted Social Security privatization, a change to the tax code, and a generally conservative social agenda (including a prohibition on gay marriage).

Bush was only too happy to oblige. He “has gone very public with very unpopular ideas,” says Karl Agne, a consultant who works with Democracy Corps, a political strategy organization dedicated to restoring Democrats to national prominence. Bush believed he could stake out radical positions and bring the public to his side. It’s not hard to see why: Even though he won by a slight majority, Bush had good reason to believe that he could push his issues through the Congress. As political scientist Michael Nelson has pointed out, there was something unique about Bush’s victory — he managed to expand his party’s grip on Congress, which Bill Clinton, Ronald Reagan and Richard Nixon, all of whom were reelected with larger popular-vote margins, failed to do.

According to Frank Newport, who runs the Gallup Poll, Bush’s popularity peaked in early February, around the time of his State of the Union address. He was on top of the world — 57 percent of those surveyed approved of his performance and 40 percent disapproved. In his speech, Bush sought to link his apparent foreign-policy successes, such as the election in Iraq, to his domestic-policy goals. Just as the American people had supported him on the war in Iraq, so, too, did Bush want them to support his judicial nominations, his tax plan and especially his goal to privatize Social Security.

That support failed to materialize — and his approval numbers have been plummeting. In Gallup’s latest poll, Bush scores a 48 percent approval rating and a disapproval rating of 49 percent. (Other surveys report similar numbers.)

Pollsters point to many reasons for Bush’s decline, including high gas prices and the Republicans’ unpopular decision to intervene in the Terri Schiavo case. But by far the main issue pushing Bush down, they say, is his ambition to privatize Social Security. It literally is the case that “the more he talks about it, the lower his ratings go,” says Newport.

But as Paul Krugman has noted, Bush’s Social Security plan is only one skein of the radicalism that runs through all of his second-term proposals — on economic policy, on social policy and on foreign policy, Bush favors right-wing ideas that, polls show, appeal to only a minority of Americans. It’s possible, then, to see the public’s rejection of the Social Security plan as a rejection of radical conservatism. Americans may have given Republicans the keys to Washington, but they didn’t want them to run roughshod over the place.

It’s not clear, though, that Republican lawmakers interpret Bush’s loss on Social Security as a sign that the public doesn’t want conservative policies. Indeed, pollsters are of mixed opinion on whether Bush’s approval ratings matter to Congress at all.

Approval ratings are by nature volatile. The public’s opinion of a politician goes up or down over time and the poll numbers don’t always reflect failure. Members of Congress understand this, says Gallup’s Newport. He points out that Congress members don’t usually decide whether to support a president based on approval ratings. What’s more, says Karlyn Bowman, a polling expert at the conservative American Enterprise Institute, the public has recently lost confidence in all American institutions.

Surveys show that Americans aren’t huge fans of either Republicans or Democrats in Congress. In recent months, approval ratings for the military — consistently the most beloved institution in government — have also been on the decline. If members of Congress are feeling the heat, they’re not likely to balk at the president’s low rating.

Moreover, Republicans in Congress have been subject to tremendous pressure from extremists urging them to simply ignore surveys charting American opinion. Around the time of the Schiavo case, when polls showed that the overwhelming majority of Americans rejected federal intervention to keep the brain-damaged woman alive, leaders of the religious right insisted that public opinion didn’t matter because the public simply didn’t understand the issues involved in the case.

They’re at it again. In an e-mail to supporters sent on Wednesday, Tony Perkins, who heads the Family Research Council, wrote that a recent Washington Post poll showing that Americans oppose the elimination of the Senate filibuster should not be trusted, as it reflected the Post’s biased liberal view. Gary Bauer told his supporters the same thing: “The Post hopes the poll will buckle Republican knees, particularly those of moderates who want to be thought of as independent-thinking,” the former presidential candidate wrote in his daily newsletter on Tuesday. Citing a poll conducted by the Republican National Committee that’s more supportive of his own position, Bauer concluded that “there is no reason for any Republican senator to ‘wimp out’” on the filibuster vote.

Teixeira, however, believes that Bush’s failure on Social Security and his attendant low approval ratings do upset the conventional Washington wisdom about the president — the thought that “this is a guy who always wins.” He says Bush’s low ratings may already be shaping actions on Capitol Hill.

In March, for instance, Senate Republicans disappointed the White House by proposing a budget that would reduce the size of future tax cuts over the next five years (instead of the $100 billion in tax cuts that the White House wanted, the senators proposed $70 billion). Then, seven Republican senators crossed the partisan divide to join Democrats in rejecting the Bush administration’s proposed cuts to the Medicare program. These seven — Gordon Smith of Oregon, Lincoln Chafee of Rhode Island, Norm Coleman of Minnesota, Mike DeWine of Ohio, Arlen Specter of Pennsylvania, and Susan Collins and Olympia Snowe of Maine — are all known as moderates in the GOP (what extremists sometimes call RINOs, Republicans in name only).

The cuts they rejected have been added back to the final budget bill, which was drafted in a conference committee composed of Republican leaders from the House and Senate and which will come up for a final vote in both chambers of Congress soon — as soon as Friday. It’s not clear if the moderates will risk angering their party by voting down the final bill. Already, Smith has threatened to vote against it. Whatever they do will be a good indication of their fealty to Bush.

Recently, signs of Republican opposition to Bush’s plans have become even more pronounced. Last week, in a surprise move, one Republican senator — Ohio’s George Voinovich — held up Bush’s nomination of John Bolton as ambassador to the United Nations. Voinovich has since been joined by a handful of other Republicans who’ve expressed opposition to Bolton. And several Republicans have been backing away from Bush on his prized Social Security plan.

At a Senate committee hearing on Tuesday, Wyoming’s Craig Thomas, who isn’t anywhere near his party’s moderate wing, wondered whether it was a good idea to spend the trillions necessary to implement Bush’s plan. And Snowe, who’s long signaled her opposition to the Bush effort, stood firm. “Social Security became the bedrock of support for seniors in my state precisely because it’s defined and guaranteed,” she said. “What cost and what risk is it worth to erode the guaranteed benefit?”

Jeffrey Bell, a Republican political consultant, says that if Bush holds on to his Social Security plan too long, or if he vows to pass it after the 2006 election, Democrats will make it a key issue against Republicans at the polls — and Republican lawmakers aren’t looking forward to running on the platform of Social Security privatization. Bush needs to find a way to back out of the plan without causing trouble for his party, Bell says. “Part of what I’m saying is that Bush had a very successful first term in terms of his domestic legislation, but he isn’t going to run again, and he doesn’t have quite as much clout over his party members as he once did. It’s important for him to know how to take a defeat.”

However, Bell doesn’t think that Bush’s low poll numbers signify a greater problem for the GOP’s agenda. He believes, for instance, that Bush may still be able to encourage Congress to approve his tax-cutting plans, including his effort to repeal the estate tax.

But Bell and other Republicans admit that even getting tax cuts through Congress won’t be a slam dunk. Bush, after all, has spent a great deal of his time recently pointing out the fiscal imbalances in the Social Security program. In calling for more tax cuts, Bush will need to defend himself against the charge that he’s bankrupting the federal government. “It doesn’t seem appropriate to point out those problems [in Social Security] and then to say, By the way, please make my tax cuts permanent,” Bell says.

Like many Republicans, Bell argues that even if Bush faces difficulty with Congress on his domestic plans, what the president does have going for him is his foreign policy. Recent opinion surveys, however, tell another story. Despite the White House’s claim of victory in Iraq, Americans don’t like how Bush is handling the war and don’t believe the war was worth the cost. In most polls, between 40 and 50 percent of Americans say they approve of the war effort; majorities usually say they disapprove of it.

The reason is obvious, says Larry Sabato, director of the University of Virginia’s Center for Politics: “A lot of Americans are dying there and people want out.”

Americans also don’t seem to believe Bush’s assurance that democratization of the Middle East is necessarily connected to terrorism on American soil. The public may credit Bush with positive developments in Iraq, but they’ll do it the same way that they “gave Jimmy Carter credit for the Camp David Peace Accords — it pleases them, but it doesn’t affect their immediate concerns,” Sabato says.

This development has got to be distressing to the White House. For two years, Bush has insisted that his Iraq policy would, in the long run, prove successful. Many in the White House must have expected the public to react positively to Bush when positive signs arose in Iraq. Indeed, after Iraq’s elections, Republicans couldn’t take enough credit for the wide turnout of Iraqi voters. Remember all those purple-fingered lawmakers at the State of the Union address?

It’s turned out that success in Iraq hasn’t bolstered support for Bush. The election only prompted Americans to question whether now is the time to bring American troops home. And even the success of the election is beginning to look illusory. As new horrors are emerging from Iraq, the war has once more become Bush’s albatross.

So if Bush can’t count on gaining the public’s support even when things go well in Iraq, what can he count on? Not much, according to Teixeira. “You look forward and to see what’s going to take them over that funk, and you do wonder. Is the economy going to come back strong? Probably not. Is he going to be bailed out by the outbreak of democracy in the Middle East? Well, obviously not. The election already happened and his ratings on Iraq have gone nowhere. It’s hard to see where he can win.”

None of this is to suggest that Bush is destined to fail. He and his political strategist Karl Rove have a history of performing legislative magic tricks. They’ve outmaneuvered Democrats rather brilliantly for the last five years. And both Republican and Democratic political consultants caution that fortunes change quickly in Washington. Soon, the Republicans may win their effort to eliminate the Senate’s filibuster on judicial nominees, or they may pass Bush’s energy bill or eliminate the estate tax or claim victory on any one of several policy goals they have for this legislative term.

At the same time, Democrats are not doing particularly well. So far, their primary weapon has been their united stance in opposition to Bush. Bell, the Republican pollster, says Democrats should get some credit for this; it’s a smart strategy. And liberals are more than willing to take the credit.

“Frankly our expectation was that with all three branches of government held by the Republicans, we would be in a poor position,” says Eli Pariser, executive director of MoveOn.org. But “working together with a lot of groups, we’ve held the line,” he says. “It’s been quite a surprising and encouraging and hopeful thing.”

But to fight the Republicans over the long haul, Democrats will need to do more than just oppose Bush’s policies. “I wouldn’t say Democrats have benefited from lying low,” offers Agne of Democracy Corps. “I would say Democrats are in a bad place right now. The public has a lot of questions about what they stand for.”

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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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