The New York Times

Judy Miller and the damage done

The long-awaited New York Times report uncovered an internal mess that's "bigger than Jayson Blair." And it looks even worse for Scooter Libby.

During the past couple of weeks, the New York Times has been promising to eventually publish a thorough account of its reporter Judith Miller’s run-in with federal prosecutors investigating the leak of CIA agent Valerie Plame’s identity. On Sunday, the paper finally published that report. Unfortunately, the account, along with a personal firsthand account by Miller herself, raises more questions — about Miller, the Times and the Bush administration’s attempts to manipulate the press — than it answers.

The paper’s coverage provides a broad and intriguing outline of Miller’s dealings with I. Lewis Libby, Vice President Dick Cheney’s chief of staff, and his attempts to discredit Joseph Wilson, the former ambassador who began criticizing the Bush administration’s case for war in the summer of 2003.

But many details in the report are mystifying. In particular, it’s unclear why the Times allowed Miller — a reporter whose discredited work on weapons of mass destruction had recently embarrassed the paper — to be put in charge of the Times’ response to investigators looking into the Plame leak. Some revelations are astonishing: Apparently nobody at the newspaper asked to review Miller’s notes in the Plame case before allowing her to defy Patrick Fitzgerald, the special prosecutor heading the case, and before the paper’s management made her a high-profile symbol of press freedom in peril.

The Times account shows that senior management did not press Miller on her sources and what the sources had revealed to her about Plame, before backing her stance in public and in numerous editorials. It’s hard to imagine why they didn’t make sure she wasn’t being used by officials in the Bush administration who may have been breaking the law. Then there’s the matter of Miller’s own unethical actions: The Times’ report showed she lied to her editors about her involvement in the case, and maybe more disturbing, she agreed to allow Libby to hide his motives from readers by identifying him in two different ways. Why is she still working at the paper? (Unconfirmed reports say she has taken a leave of absence, but there’s no word of any disciplinary action against her.)

Beyond the implications for Miller and the paper, the Times’ report provides provocative new hints about what the grand jury investigating the leak of Plame’s identity may be focusing on in the final weeks before it possibly hands down indictments against senior White House officials. The report does not look good for Libby. It indicates that he revealed Plame’s identity to Miller, and, according to her own account, may have attempted to prevent her from telling all she knew about his role in the case to investigators. According to Miller, Fitzgerald asked her several pointed questions about Libby that indicate he may be nearing a decision on an indictment.

Here, then, are the main questions the paper’s accounts raise for Libby, Miller and the New York Times.

What do we now know about Scooter Libby’s involvement in the Plame case?

Even before Miller published her account, leaks from Fitzgerald’s investigation indicated that Libby, like Karl Rove, took part in an effort to discredit Joseph Wilson. Miller’s account underscores this fact: Both before and after Wilson went public with what he’d really seen in Africa (i.e., no sign that Saddam Hussein was looking for nuclear weapons there), Libby was telling reporters not to trust the former diplomat, and was trying to insulate Cheney and the White House from Wilson’s damaging report.

In three interviews Miller conducted with Libby — one before Wilson published his Op-Ed criticizing the administration, and two afterward — Libby insisted that Wilson’s trip was arranged by the CIA, not Bush or Cheney, who he said had no idea what Wilson had found in Africa. Over the course of the three meetings, Libby dished increasingly more dirt on Wilson and his wife: He initially told Miller that Wilson’s wife worked for the CIA, and then later revealed that she worked at WINPAC, a CIA unit that dealt with weapons intelligence, nonproliferation and arms control.

It’s unclear if Libby mentioned Plame’s undercover status during these meetings, but Miller says she assumed that Plame was not undercover. It’s also not clear if Libby told Miller Plame’s name. The names “Valerie Flame” and “Victoria Wilson” appear in Miller’s notebooks, but Miller says Libby did not provide them and, incredibly, she says she can’t remember who did.

So is Miller exonerating Libby by insisting he didn’t name Plame?

Not really; indeed, it’s actually of little importance whether Libby ever uttered the words “Valerie Plame” in his chats with Miller. By pointing out that Joe Wilson’s wife worked for the CIA, Libby was clearly identifying Plame even if he wasn’t naming her. And identifying an undercover operative to a reporter may constitute a violation of the 1982 Intelligence Identities Protection Act, the law that many observers have long presumed the prosecutor is focusing on.

So is Scooter headed for the slammer?

We don’t know. To violate the Identities Protection Act, a government official would have to be shown to have disclosed the identity of an agent that he knew was undercover. At the moment, that’s the crucial bit of information missing from the public realm: Does Fitzgerald have any evidence showing that Libby knew Plame was undercover at the time he discussed her identity with Miller?

If Libby did not know that Plame was undercover, does he get off scot-free?

Not necessarily, because the prosecutor may be considering other possible violations.

One theory is that Fitzgerald is looking to charge someone in the Bush administration with breaking espionage law. Espionage law prohibits government officials or private citizens who hold security clearances from delivering classified information to people who do not hold security clearances. It has been previously reported that Libby and other Bush administration officials may have first learned of Wilson’s trip from a top-secret State Department memo that had been floating around the White House that summer; the memo identified Wilson’s wife in a paragraph marked “snf,” meaning “Secret No Foreign,” which specified that the information was secret and not to be shared with foreigners.

In other words, even if Libby didn’t know that Valerie Plame was undercover, her identity, according to that memo, was top-secret information; Libby may have been breaking espionage law, then, by disclosing Plame’s identity to a reporter.

Miller’s account suggests that Fitzgerald is looking into this possibility. Fitzgerald asked Miller if she was cleared to receive classified information; she said that although she had once been granted such clearances — when she reported on the hunt for weapons of mass destruction in Iraq — she was not sure if she still did. Now, the fact that she even had such a security clearance appears rather bizarre and may prove to be of great consequence. Bill Lynch, a veteran CBS correspondent, wrote in to Jim Romenesko’s media news site and called Miller’s security clearance “as close as one can get to government licensing of journalists and the New York Times (if it knew) should never have allowed her to become so compromised.” And Ivo Daalder, a senior fellow at the Brookings Institution and a former Clinton National Security Council staffer, pointed out here that “one of the most important obligations of a person receiving security clearances is not to reveal that information at any time, while one of the most important obligations of a reporter is precisely to reveal information the public has a need and right to know.” He also wondered if this would be the key to Libby’s avoiding any indictment.

If Miller does not enjoy such clearances, however, Libby may well have been breaking the law by discussing Plame with her.

So is that it? Is there more wrong that Libby may have done?

Oh yes. Observers have long suspected that Fitzgerald is also working on an obstruction of justice charge in this case — meaning that he’s looking to charge people who lied to investigators or in any other way attempted to block the inquiry.

Miller’s account of her dealings with Libby suggests some basis for believing Libby may have been attempting to obstruct the investigation. For instance, Miller’s lawyers say that when they first asked Libby’s attorneys to release Miller from the confidentiality agreement she’d made with him, they said yes, but added that Libby had already testified that he had not disclosed Plame’s identity to Miller. When Miller’s attorneys refused to promise that she would exonerate Libby if she testified, Libby’s side would say, “Don’t go there, or, we don’t want you there,” according to Miller. This caused Miller to decide “not to testify in part because she thought that Mr. Libby’s lawyer might be signaling to keep her quiet unless she would exonerate his client.”

In a letter he sent to Miller releasing her from the confidentiality agreement, Libby wrote: “The public report of every other reporter’s testimony makes clear that they did not discuss Ms. Plame’s name or identity with me.” Miller told Fitzgerald that she interpreted this passage as an attempt to influence her testimony: She wrote that the letter “might be perceived as an effort by Mr. Libby to suggest that I, too, would say we had not discussed Ms. Plame’s identity. Yet my notes suggested that we had discussed her job.”

OK, so that’s what’s damaging to Libby in this account. What do these articles say about Judy Miller?

Well, first, to the relief of many at the New York Times, these accounts exonerate Miller of the most fevered speculation about her role in this case — the idea that she was the original source of Plame’s name, and that she’d passed that information on to the administration through Libby.

According to Miller, the prosecutor told the grand jury that she was only a witness — and not a subject or target — of the inquiry; this suggests that he isn’t looking to prosecute Miller for violating any law.

Beyond that, though, Miller’s actions in this case look quite unsavory.

Can you explain what you mean? What did Judy Miller do here that was so wrong?

She protected — and, indeed, still looks to be protecting — people she knew were trying to discredit Wilson, even though they were possibly breaking the law, and even though she seems to have had no legal or ethical basis for doing so.

But doesn’t Miller insist she was only upholding press freedoms in her willingness to go to jail to avoid testifying?

Yes. And there have been many valiant defenses of her stance.

But the record now indicates that for more than a year — from August 2004, when she was first subpoenaed in the case, until Sept. 29, 2005, when she was released from jail — she made only minimal efforts to convince Libby to free her from her agreement with him, even though, in the end, he appeared to have been willing to do so all along. In that time, she kept information from her bosses at the Times — who say they let her lead the paper’s handling of the affair — as well as from the special prosecutor and, most important, from her readers. And she’s still keeping information from her readers.

What do you mean? Didn’t she tell all in these accounts?

No. As the Times report makes clear, Miller stonewalled the reporting team working on this case. Or, as the paper put it, “Ms. Miller generally would not discuss her interactions with editors, elaborate on the written account of her grand jury testimony or allow reporters to review her notes.” And that’s despite the fact that on Wednesday Judge Thomas Hogan lifted his contempt order, and Miller appears to be in no legal jeopardy in the case.

One Times staffer who spoke to Salon said her relative lack of cooperation with her colleagues is likely to continue to rankle the newsroom, even now that the story has been told. There doesn’t seem to be any sound journalistic reason for her selective silence; as Jay Rosen, the NYU journalism professor and blogger writes, “What principle of confidentiality extends to ‘interactions with editors?’”

Then there is the unbelievable fact that Miller cannot recall the most key detail in this incident, the source for Plame’s name. Discussions with some at the Times indicated that this would be the hardest pill to swallow for people there: Either Miller is lying, they said, or she’s sloppy to the point of ineffectiveness in her reporting. Neither scenario speaks for her continued employment as a star reporter.

So should Miller be fired? Will she be?

In its report on Miller, the paper suggested that Miller would return to the newsroom after taking a short break, but two staffers who spoke to Salon doubted that Miller would ever come back. Jay Rosen agreed, telling Salon: “I can’t imagine she’s still there in a month or even in a couple of weeks. We don’t know how that’s going to end, but I don’t suspect she’ll ever write another piece for the New York Times.”

If she is fired, Rosen and others see two immediate causes for termination. One, she appears to have lied to Philip Taubman, the Times Washington bureau chief, when he asked her in the fall of 2003 whether any administration officials had disclosed Plame’s identity to her. Miller said no — even though Libby had discussed Plame’s identity with her.

Second, Rosen notes, Miller agreed to identify Libby in her reporting as a “former Hill staffer” only because he wanted to mislead the public into thinking that the White House was not attacking Wilson. Miller’s agreement violates the Times’ current policy on confidential sources, which states: “It should go without saying that The Times is truthful. We do not dissemble about our sources.” (This policy was adopted after Miller’s interview with Libby, but its basic premise — don’t lie about sources — was in effect in the summer of 2003.)

“If I were going to sum up the sordidness of Judy Miller in one detail,” says Rosen, “it would be this incident. If you look at that anecdote carefully, you have to ask yourself, How far away from her mind are the readers? The readers aren’t even in her universe. She’s so far gone into this world of secrets and hidden information that representing readers is only a technicality to her.”

But if Judy Miller was so sordid, why did the Times go to bat for her?

Because they didn’t know, and didn’t ask about, all the sordid details. As the Times account makes clear, bosses at the paper — publisher Arthur Sulzberger Jr. and executive editor Bill Keller — did not press Miller for her full story. They let her, in the words of Sulzberger, drive the car.

There is likely to be a newsroom uproar about this arrangement, some at the paper said. Why was this reporter — whose WMD reporting should have warned bosses at the paper about her judgment — allowed to lead the New York Times in a fight with the government without anyone having reviewed all of her dealings and deal making with Libby, and everything in her notes?

Some at the paper suggest that this was all about Miller. As a journalist whose reporting on terrorism at the paper had been praised (and, along with a team of Times reporters, awarded a Pulitzer), she was seen by the hierarchy as someone to trust and protect. But the Times’ odd stance in this case — its decision to fight the government blind, without even reading Miller’s notes — also had to do with its absolutist ideology on confidential sources, Rosen says. “Part of the big principled fight they were engaged in demanded that they not ask Miller too much about her sources, just as they don’t want the prosecutor to ask about her sources,” he says. In this case, though, fighting the principle without knowing the facts led the paper astray. It was a failure, says Rosen (as well as some at the paper), of management.

But if managers failed, will they be punished?

Staffers at the paper tamped down any suggestion that Keller’s job is now in trouble, as was that of his predecessor, Howell Raines, after the Jayson Blair scandal broke. Raines was a tremendously polarizing figure in the newsroom, and the Blair affair provided a convenient opportunity for the staff to revolt against his leadership. Keller, meanwhile, is generally well liked and respected, and few hold him responsible for this debacle.

The job of the publisher is another story. The Times account indicates that Sulzberger was most determined to fight on Miller’s behalf both in the courtroom and on the paper’s editorial page, yet at the same time was ignorant of key details in Miller’s reporting on the case. (He only learned last Thursday, for instance, from the Times’ own reporters, of the “Valerie Flame” note tucked in Miller’s “lost” notebook.)

None of the staffers who spoke to Salon suggested that Sulzberger should be replaced. And in any case, that decision would not be up to anyone in the newsroom — the Times is a public company, and ultimately Wall Street, the Times’ board of directors and the Sulzberger family, which controls the company, will have the final say over his job.

But beyond personnel, what does the story do to the long-term reputation of the paper?

It’s unclear. Obviously it doesn’t help. But at the moment, as some staffers at the paper said, much of the outcome of this case depends on the larger outcome of the leak inquiry. If it results in indictments that stick, Miller won’t be seen as an obstruction to the prosecution, and the Times may therefore make it out OK. On the other hand, if Fitzgerald does not indict Bush administration officials, the Times may be blamed.

Yet observers outside the newspaper were less sanguine. Greg Mitchell, who edits Editor & Publisher, writes, “Miller did far more damage to her newspaper than did Jayson Blair, and that’s not even counting her WMD reporting, which hurt and embarrassed the paper in other ways.”

Jay Rosen concurs. “There’s no question,” he says, “this is bigger than Jayson Blair.” The paper will be assessing how much bigger in the days and weeks to come.

We don’t need truth vigilantes

But we do need good political reporting, and the media's rote repetition of Santorum's JFK lies fell short

Rick Santorum and John F. Kennedy (Credit: AP/Wikipedia)

New York Times public editor Arthur Brisbane got a lot of grief last month for a blog post in which he asked readers whether the Times ought to be “a truth vigilante.” I didn’t join the pile-on, because truth be told, I kind of understood what he was getting at. Sure, “truth vigilante” is a shrill, easily mocked term: It doesn’t take “vigilantism” to get at the truth, only good reporting. But there can be questions for editors and reporters about how far is too far – what’s good reporting, and what’s hectoring? What’s debunking, and what’s partisan water-carrying? (Also, I don’t like the practice of mocking people for asking questions, even when we think the answer should be obvious. Better that Brisbane ask than to ignore the issue entirely.) I can understand why some cases aren’t clear.

But now I have a case that’s very clear for Mr. Brisbane: the Times’ story on Rick Santorum’s lies (yes, I call them lies) about John F. Kennedy’s 1960 religion speech, headlined “Santorum Makes Case for Religion in Public Square.” Since it’s the New York Times and all, I don’t expect the paper to call it a “lie.” But the story contains not one word suggesting that Santorum might be, I don’t know, misrepresenting, misremembering, distorting or otherwise being completely wrong about what JFK actually said.

I’m getting a lot of credit on Twitter and Facebook today for my piece, but this is one of those rare times when I’d rather not be recognized, because – don’t tell my editors – what I did was easy. It took me exactly 10 seconds to Google JFK’s speech and another few minutes to read it. Then I cut and pasted Santorum’s comments next to JFK’s and voila, kids, I had a story. The Washington Post’s Jonathan Capehart credited me with a “deep-dive,” and I appreciate the praise, but really, I barely got my feet wet. (The Post’s own news story wasn’t any better than the Times’; Capehart was the first person on staff to note Santorum’s distortion more than 24 hours after it aired on ABC’s “This Week.”)

I assumed I’d be late to the Santorum story because I was sick yesterday and didn’t even watch him live, I just heard about his remarks online. But I’m writing a book about the Democratic Party and Irish Catholics, and as you’d expect, there’s a little bit about Kennedy in there, and so I thought I’d take a moment to explain what Kennedy said – and how rabid anti-Catholicism, as late as 1960, made it necessary.

I made a comment last week in passing that I’d like to elaborate on here: I’ve spent a lot of time, in the book as well as on Salon, pointing out the anti-Catholic Nativism that hobbled my people and that accounts for some of our pugilism, shall we say, in the public square. But Santorum makes me realize I haven’t said enough about why some people were and still are suspicious of Catholics. His disrespectful comments about mainline Protestant churches somehow being agents of Satan is just one example of the contempt for other faiths that has gotten us in trouble over the years. I came of age after Vatican II; my parents were devout Catholic ecumenicists, attending seders at our local Jewish temple and telling the neighbors, no, we’re not supposed to blame Jews for killing Jesus anymore, and Protestants love Jesus, too. Santorum is an example of the mind-set that liberal Catholics and lapsed Catholics have been fighting in my lifetime, and he’s really a disgrace.

I don’t expect the New York Times to call him a disgrace in its news pages, but I do expect the paper to do a minimum of fact-checking, to see whether our first and only Catholic president actually said what Santorum attributes to him. There was a reserved, respectful, Timesian way to do it, and the paper missed an opportunity to reassure its readers that the paper is all about the truth, and that it’s not cowed into printing untruths by the GOP culture warriors who’ve spent decades now insisting the Times has a raging liberal bias.

I don’t mean to single out Michael Barbaro, either, who does good work, or the team of writers the Times lists as providing additional reporting at the end of the piece. Or Kit Seelye, who wrote the earlier Caucus post, on a tighter deadline, about Santorum’s remarks without fact-checking the JFK claim. I’ve always loved the singular way the paper almost always attributes mistakes, in its Corrections column, to “editing errors.” This was an editing error. Someone at some point should have said, “Hey, I know you’re on deadline – but what did JFK actually say?” It’s not vigilantism. It’s journalism.

You’re welcome, Mr. Brisbane.

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Joan Walsh

Joan Walsh is Salon's editor at large.

Anthony Shadid, the best of his generation

The NYT reporter, acclaimed for his unparalleled coverage of the Middle East, died in Syria on Thursday

Anthony Shadid, winner of the 2010 Pulitzer Prize for International Reporting with The Washington Post (Credit: AP)
This article originally appeared on GlobalPost.

WARSAW, Poland — I woke up this morning to the news that Anthony Shadid has died — apparently of an asthma attack — while on assignment in Syria. Whether you knew his byline or not, the loss is incalculable.

Global Post

I can speak in absolutes about the quality of his work. No one reported the Middle East with greater clarity and nuance than Shadid. No one brought the humanity of the people of the region, people who live in a perpetual state of stress even when they are living in the comparative comfort of Beirut and Tel Aviv, to the wider world with a surer touch than Anthony.

He could have coasted on his one great advantage — fluency in Arabic — to beat other reporters to the story. He did not. He used it as a foundation to serve readers — and help colleagues. When I left Iraq after the overthrow of Saddam, a sizeable part of my heart was left behind with new friends who were struggling to make the country a better place. Amid the constant shifts in the chaotic post-war era, Anthony’s dispatches were the ones I relied on to give me the complete picture of what was happening around the country.

American reporters are trained to be objective. It is an ideal to aspire to, more than an achievable goal. We are human beings and those of us who cover conflicts have our emotions challenged every day. The desire to bear witness and to make readers and listeners feel what we feel is overwhelming. Sometimes this gets in the way of objectivity. Anthony, who saw more terrible things than most, managed to stay closer to that ideal than any one. That’s what makes his reporting the best and why in years to come, it will truly be seen as the first draft of history.

We published books on Iraq at the same time and shared a panel at the Brattle Theatre in Cambridge, Mass. on Iraq. I had long since decided that objectivity was getting in the way of my reporting. It was important to let my readers know that I was angry and that my friend had died because of the criminally poor planning of the bigwigs in Washington. That emotion suffused my book. Anthony’s book was scrupulously written, you could never guess what he felt about the war.

My memory is that during the course of the conversation I pressed him about keeping his feelings about the war out of the book. He came back at me with full vigor, eloquently defending the importance of objectivity. He was a big-hearted, supremely talented man — and disciplined about the work. The panel was recorded by C-Span and you can watch Anthony and get some sense of who he was and what we have lost here.

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What David Brooks gets right about the left

Relying on a mic check to make strategy is a big mistake

David Brooks, philosophe

As he often does, in his column Friday New York Times columnist David Brooks offered what looks like a “nonpartisan” analysis.  Social movements, he warned, are suffering because everyone thinks they should make up their own belief system. Unless you’re Nietzsche, Brooks advises, this is a guarantee of failure. Every man is not a political genius.

It’s not a hard task to figure out whom Brooks is really criticizing: Occupy Wall Street. But it’s not alone. The democratization of ideology is vastly more tempting to the self-inventing liberal left than to the authoritarian right. Nobody does emotionally consistent talking points like the conservative right. Nobody does “whatever floats your boat” like the liberal left. The belief that every man is a philosopher makes progressives vastly more vulnerable to the destructive dynamic Brooks describes. It is an irony Brooks would appreciate that the left acts more like the right believes (and vice versa).

Brooks’ criticism is dead on. Letting every person with a “mic check” suggest a fundamental strategy for the movement is a recipe for disaster. Not only have existing intellectual traditions been the product of superior minds, they have stood the test of time. Anyway, how to act collectively when everyone is pursuing his own quixotic dream?

Of course, anyone who follows the debate knows the left must beware of Brooks bearing gifts. The Times’ conservative columnist is always making sensible sounding suggestions to the left, which, upon closer examination, turn out to be ticking bombs. In this case, the right has a perfectly good foundation in the libertarian tradition, Brooks reports. So it doesn’t need to reinvent its first principles .

For his friends on the left, however,  Brooks advises a simple reversion to their philosopher, Karl Marx. Now there’s a thought.  When the centrist Democrats of the filibuster-bound Senate passed a healthcare plan modeled on the Republican scheme from Massachusetts, the Republicans branded their leaders as socialists, or worse, as taking their beliefs from Paris, if not Nairobi. Imagine if they started actually quoting Karl Marx.

Fortunately, should the left be capable of giving up its endlessly proliferating individual belief systems, two schools of thought other than the return to the specter of communism would be available to them.  There is a robust utilitarian tradition, represented most recently in the work of Princeton philosopher Peter Singer, that asks people to rise to the demands of altruism. As a matter of ordinary morality, you’d pause on a walk to pull a drowning child out of a pond, Singer begins. Why would you not give up a trivial expensive treat to rescue someone starving in Africa?

Or, closer to home, living in a shelter somewhere in New York, or in Washington’s McPherson Square. The well-worked-out analysis of Singer’s argument for beneficence is a vastly better foundation for a long-term social movement than any of the slogans on OWS placards. “Tax the rich” is catchy, but dissolves when confronted with Brooks’ comrades’ libertarian first principle: “It’s my money.” Singer offers the opportunity to argue about why keeping every last penny of it when others are in real need is, well, immoral.

Another great 20th century philosopher, the late John Rawls, made a very well-worked-out argument for why it’s not “your money” at all. It’s only your money, as citizens of many less well-favored societies than the United States know, if other people are willing to refrain from killing you to get it. Otherwise, life is, famously, “solitary, POOR, nasty, brutish and short.” Rawls set forth elaborate conditions for when societies agree to let the rich keep the money without having to live behind walls topped with ground glass.

Most important, Rawls posits, inequality must also benefit the people on the bottom, e.g., by expanding the size of the pie. This was the case for much of American history, and the society was the better for it. But now that finance has replaced manufacturing as the engine of the economy, not so much. The endless claims of money movers like Mitt Romney that they are “creating jobs” reflects the deep power of Rawls’ construct. If they’re not, what is he doing with all that money? Rich people’s claims to be complying with Rawls’ condition can only go on so long in face of the robust evidence to the contrary.

Brooks is right about one thing: Ideas matter. The resurrected right has relied on the power of libertarian ideas for decades. During the same period, the left has relied on mic checks and bumper stickers (“the audacity of hope”). When we see them start to use the rich store of liberal thinking available to them, David Brooks, watch out.

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Linda Hirshman is the author of “Victory: The Triumphant Gay Revolution,” forthcoming in June 2012. Follow her on Twitter @LindaHirshman1

The “education crisis” myth

Ignore the media spin. Wages and working conditions -- not skills -- are the real reasons jobs get outsourced

A production line in Suzhou Etron Electronics Co. Ltd's factory in Suzhou, China on June 8, 2010 (Credit: Reuters)

Has the term “education” become a code word? And if so, a code word for what?

These are the major unasked — but resoundingly answered — questions to emerge from two much-discussed articles about the future of American manufacturing. One is a cover story in the Atlantic Monthly about why jobs are being shipped overseas. It concludes that “to solve all the problems that keep people from acquiring skills would require tackling the toughest issues our country faces” — the first of those being “a broken educational system.” The second and even more talked about article comes from the New York Times. It looked at why Apple Computer has moved its production facilities overseas, concluding in sensationalistic fashion that “it isn’t just that workers are cheaper abroad” but that America “has stopped training enough people in the mid-level skills that factories need.”

These pieces were clearly written with a very specific objective in mind: to draw media attention to the supposed “education crisis” in America — a favorite topic of these publications’ elite readers, who have a vested interest in blaming the recession on the poor rather than on the economic policies that enrich the already rich. No doubt, both the Times and the Atlantic achieved their goal, with various NPR shows, cable gabfests and elite magazines spending the last week frothing over the articles’ central thesis.

The tragedy in all of this is that in both the articles and in most of the discussions that followed, few bothered to question the fundamental assumptions about education in America — and fewer still bothered to ask if “education” in the modern parlance has now become a synonym for “acquiescence.”

To see how this linguistic shift is occurring, reread the Times article with a critical eye. Specifically, notice that after the reporters structure their piece around Apple executives’ (unchallenged) claim that “the U.S. has stopped producing people with the skills we need,” there’s not a single shred of proof — empirical or otherwise — offered in support of that assertion. On the contrary, after a sweeping declaration at the top of the piece that wage and human rights differences between Chinese and American workers have little to do with offshoring, the article inadvertently goes on to prove those differentials — not skill levels and education — are the driving force behind the domestic job losses in America.

In one section of the piece, for example, the Times notes that Apple’s big Chinese factory, Foxconn, attracts American investment because “over a quarter of (the) work force lives in company barracks and many workers earn less than $17 a day” — and “many work six days a week, often spending up to 12 hours a day at the plant.” In another section of the piece, the Times notes that the cost of “building a $1,500 computer in (California) was $22 a machine … In Singapore, it was $6 … In Taiwan, $4.85.” While the Times unquestioningly forwards Apple’s impossible-to-believe explanation for these figures (“wages weren’t the major reason for the disparities”), the statistics are yet more proof that wage differences, not education, are the real offshoring motive.

The Times also quotes an Apple executive saying the company must outsource because “the entire supply chain is in China now” — and though the article doesn’t bother to mention it, that is true precisely because other factories in that supply chain have moved to China for the cheap wages and lax human rights/labor regulations. The Times later talks to Eric Saragoza, an American worker laid off by Apple, who says that Apple told him to keep his job he didn’t need to acquire more skills, but instead “to do 12-hour days, and come in on Saturdays.” And in another part of the piece, the Times quotes a former Apple executive who insists Apple was forced to move to China because there’s no “U.S. plant (that) can find 3,000 people overnight and convince them to live in dorms” — an admission, again, that Apple’s move to offshore isn’t about skills, but about a desire to employ a “flexible” (read: exploitable) workforce.*

In light of all this, the absurdity of the Times’ “education crisis” conclusion is obvious. Somehow, Dickensian realities are meticulously recounted, but Apple is permitted to plead helplessness without so much as a contradictory fact being mentioned — as if the company isn’t making calculated choices that are generating record profits off sweatshop conditions. China’s super-low wages and nonexistent labor, environmental and human rights protections are shown over and over again to be the driving force behind American corporate offshoring, and yet the conclusion is nonetheless that the problem for America is our education system. And somehow, that conclusion is made without the Times, the Atlantic Monthly or any part of the media echoing their stories measuring it against actual data from the American education system.

And what, pray tell, does that data say? It says that far from a drought of skilled high-tech workers forcing supposedly helpless victims like Apple to move to China, America is actually producing more of such workers than Apple and other high-tech companies are willing to employ. As I noted in a previous newspaper column (looking at yet another New York Times piece making the same education argument):

No doubt, you’ve heard (the) fairy tale from prominent politicians and business leaders who incessantly insist that our economic troubles do not emanate from neoliberals’ corporate-coddling trade, tax and deregulatory policies, but instead from an education system that is supposedly no longer graduating enough science, technology, engineering and math (STEM) experts. Indeed, this was the message of this week’s New York Times story about corporate leaders saying America isn’t producing “enough workers with the cutting-edge skills coveted by tech firms.”

As usual, it sounds vaguely logical. Except, the lore relies on the assumptions that American schools aren’t generating enough STEM supply to meet employer demand…
To know (that) supposition is preposterous is to consider a recent study by Rutgers and Georgetown University that found colleges “in the United States actually graduate many more STEM students than are hired each year.”

These facts were most recently corroborated in mind-boggling detail by the Senate testimony of Rochester Institute of Technology’s Ron Hira. But, of course, they are nowhere to be found in the Times. That’s not altogether shocking (even if it is offensive) — the Times is a newspaper whose ombudsman recently challenged the very idea that the paper’s journalists should actually fact-check statements made by its sources. It is also a newspaper that has helped construct a larger political and media consensus around what I’ve called both “The Great Education Myth” and the “Neoliberal Bait-and-Switch.”

These sleights of hand simply stipulate as unchallenged, unquestioned fact that all of our economic problems can be solved with better STEM education and more STEM graduates. The idea is that this educational improvement would fix the alleged problem of high-tech companies like Apple not being able to find enough STEM workers. This myth endures even though the data indisputably proves that there is no such dearth of STEM worker supply — indeed, we are already producing more STEM graduates than the domestic economy can employ, meaning the only worker shortage that exists in America is a shortage of workers willing to toil at slave wages with no labor or human rights. But, alas, those facts don’t matter because the Great Education Myth isn’t about economic reality — it is an instrument of propaganda designed to distract attention from the tax and trade policies that allow companies like Apple to make so much money off the current system of exploitation.

So that gets us back to the key question of whether the term “education” is effectively being redefined? In all of the elite media’s stories about offshoring and the STEM “education crisis,” does the term “education” no longer mean “learning a set of skills”? Does it in practice now mean American workers learning not new technological crafts, but learning to quietly accept the wage, labor and human rights standards of China — the standards we thankfully improved after our own crushing Industrial Age a century ago? In short, does “education” now mean “teaching American workers to be subservient”?

The answer, almost certainly, is yes, because that’s the only way that the media and political establishment’s entire “education crisis” meme makes any logical sense.

The fact is, while our cash-starved schools would obviously benefit from more resources, and while better schools clearly couldn’t hurt our society, there’s no empirical, data-based reason to believe that improving our schools would reverse the trend of America losing high-tech jobs to slave-labor nations like China. Without a change in tax and tariff-free trade policies that economically incentivize companies like Apple to keep moving production to cheap labor havens overseas, the only “education” that will bring those jobs back is the kind that indoctrinates high-tech American workers to compete with Chinese workers by accepting the horrific labor conditions those Chinese workers experience. Based on the New York Times’ own reporting on Apple, that means an education system in America that teaches our workers to simply accept being paid $17 a day, to work six days a week in 12-hour shifts and to live in crowded dormitories so that they can be stampeded into the factory at any hour of the day. It means, in short, an education system that tells Eric Saragoza to shut up and accept the employer’s draconian demands.

Not surprisingly, the curriculum for this new education system is already being championed by the very political and media realms that originally constructed the Great Education Myth. In Congress, a group of senators is proposing to eliminate overtime protections for vast swaths of the America’s high-tech workforce in the name of competing with China. In state legislatures, lawmakers are looking to weaken child labor statutes, also in the name of competition. And on the New York Times Op-Ed page, Thomas Friedman implies that Americans are lazy and declares that “average is over” and that “everyone needs to find their extra” — elite-speak for the notion that Americans, who already log some of the longest workdays in the world and who are already among the planet’s most productive laborers, must work even harder than they already do.

In beginning to construct this kind of pedagogy, our mandarins are not coincidentally promoting a key part of the educational ideology of their Chinese counterparts. No, not the part of that ideology that is focused on training high-tech workers — the part that prioritizes obedience. Indeed, as my friend Michael Levy recounts in his terrific book “Kosher Chinese,” that educational method teaches Chinese workers never to question their station, demand basic rights or ask for better conditions.

That same ethos is now being proudly promoted here at home. Should we accept it — and the redefinition of “education” that comes with it — we may end up bringing a few jobs back, but we will have reversed the very labor, wage and environmental progress that once defined our basic concept of human rights — and America itself.

*It’s important to note that the Times did eventually publish this follow-up piece to its original article about Apple and offshoring. The follow-up piece looks more closely at how Apple mistreats its workers in China, and that kind of scrutiny is certainly necessary and laudable. However, the fact that the Times made the decision to separate the later piece on labor rights from the earlier article on Apple’s employment decisions implies that the two issues — worker exploitation and offshoring — are separate, when in fact they are inextricably intertwined. That kind of distinction is a real problem. Indeed, pretending that these two issues are wholly different topics (as Apple and other high-tech executives so often do) perpetuates the deceptive notion that exploitation is just a “liberal” feel-goody concern while business practices are more serious, dispassionate, non-ideological decisions. But only when these issues are looked at in aggregate will we be able to start having an honest debate about how globalization really works.

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David Sirota

David Sirota is a best-selling author of the new book "Back to Our Future: How the 1980s Explain the World We Live In Now." He hosts the morning show on AM760 in Colorado. E-mail him at ds@davidsirota.com, follow him on Twitter @davidsirota or visit his website at www.davidsirota.com.

Newspapers, “truth vigilantes” no more

The NYT's fact-checking question was absurd, but the real problem is that the press has lost its credibility

(Credit: Library of Congress/U.S. Farm Security Administration)

Time was when newspaper journalists prided themselves on being working stiffs: skeptical, cynical and worldly-wise. “If your mother says she loves you, check it out.” I’ve always preferred the unofficial motto of my native New Jersey: “Oh yeah, who says?”

Fact-check politicians? Here’s how H.L. Mencken saw things in 1924: “If any genuinely honest and altruistic politician had come to the surface in my time I’d have heard of him, for I have always frequented newspaper offices, and in a newspaper office the news of such a marvel would cause a dreadful tumult.”

Mencken could recall no such excitement. “The unanimous opinion of all the journalists that I know, excluding a few Liberals who are obviously somewhat balmy,” he added “… is that since the days of the national Thors and Wotans, no politician who was not out for himself, and himself alone, has ever drawn the breath of life in the United States.”

Alas, such attitudes went out of fashion with snap-brim fedoras, smoke-filled rooms and bottles of rye in desk drawers. Today’s national political reporters have attended fancy colleges, regard their professional affiliations as valuable status symbols, hence give every sign of identifying more with Washington courtiers and political professionals than the great unwashed.

To the extent they may share Mencken’s exuberant disdain for hoodwinker and hoodwinked alike, ambitious reporters are well-advised to keep it to themselves. As a career strategy, thoughtful circumspection is advised. The uphill path to a sinecure on “Meet the Press” must be trodden carefully.

Many readers, for example, can probably identify a name-brand journalist such as Judith Miller, who fell into disrepute for parroting Bush administration propaganda about Saddam Hussein’s WMD. But can you name anybody whose skeptical reporting made them famous? No, you cannot.

Columnists have more leeway, but even there it’s safer (and easier) to stick to anodyne topics such as dorky clothes, bad hair, which candidate resembles what character in “Pride and Prejudice,” and who mistreats his dog. To me, it’s significant that an honorable exception like Paul Krugman — my nominee for progressive MVP — is not a product of newsroom culture.

So now comes New York Times “public editor” Arthur Brisbane with maybe the most disingenuous question of the year: Should Times reporters be “truth vigilantes”? When politicians lie, should reporters call them out?

And if so, how?

Brisbane’s two columns on the subject drew widespread astonishment and hilarity from readers and journalists alike — partly because journalists love talking about ourselves as much as the average Hollywood starlet. They also drew a sharp rebuke from Times editor Jill Abramson, who insisted that the “kind of rigorous fact-checking and truth-testing you describe is a fundamental part of our job as journalists.”

Abramson gave instances of the newspaper supplying proper context for politicians’ statements such as Mitt Romney’s preposterous charge that President Obama wants “to replace our merit-based society with an entitlement society.” (Wink, wink. Nudge, nudge. Know what he means?) She said that the Times reported that “the largest entitlement programs — Social Security, Medicare, Medicaid — were all enacted before Mr. Obama entered grade school.”

Of course, that’s not what Romney’s really saying. Look, as somebody who spent more than a decade waging a quixotic war of words against the New York Times over its role in the Whitewater hoax, the subsequent “War on Gore,” and its shameful (and acknowledged) role in “catapulting the propaganda” that led the U.S. to invade Iraq, I have two observations.

First, the Times has rebounded since those dark days of 2003. Far less unmediated government propaganda and make-believe scandal characterizes its news columns. Abramson’s 2011 appointment as executive editor gives further reason for optimism.

Second, the answer to Brisbane’s real question — exactly how reporters are supposed to go about calling Mitt Romney a liar — has no good answer. Because the more forcefully it’s done, the more the GOP candidate’s apt to like it.

Take Romney’s oft-repeated charge that Obama goes around apologizing for America. The Washington Post’s Glenn Kessler did this one to a fare-thee-well, showing conclusively that the allegation is completely false — an absurd mix of misrepresented circumstances, doctored quotes, etc. And it took him 1,800 words.

And who read them? Certainly nobody who’d already swallowed the lie on Fox News, Rush Limbaugh or any of a hundred right-wing websites. So the Washington Post says it’s a lie. Well, they would, wouldn’t they? The Times agrees? Even better.

Romney’s not talking to reporters, but over and through them, seeking not nuanced news stories, but five-second video clips and TV ads. Reporters who ask confrontational questions can be ignored, or worse, made characters in the story. Well-paid operatives can make their editors’ lives miserable.

The uncomfortable truth is that no newspaper today has the power and moral authority the New York Times so thoughtlessly squandered, and it ain’t coming back. Obama will have to defend himself.

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Arkansas Times columnist Gene Lyons is a National Magazine Award winner and co-author of "The Hunting of the President" (St. Martin's Press, 2000). You can e-mail Lyons at eugenelyons2@yahoo.com.

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