Israel has entered one of the stormiest political seasons in its history, even by the standards of its fractured, tempestuous governing structure. On Monday, Prime Minister Ariel Sharon announced his departure from the ruling Likud Party, returned his membership card and called for an early general election, perhaps in March. Widely described by Jerusalem’s political pundits as “an earthquake,” Sharon’s move is redrawing the country’s political map.
In an unprecedented development, Israelis will have to pick their next leadership from among three contending parties: Sharon’s new and yet nameless party; Labor, led by newcomer Amir Peretz, Israel’s trade union boss; and the incumbent Likud, where no less than seven candidates aspire to head the party, with former premier Binyamin (“Bibi”) Netanyahu leading the pack. Recent polls have given the edge to the popular Sharon, but the race has just begun, and Israeli election campaigns are notorious roller coasters, with the new, three-way race creating even more uncertainty.
For Sharon, launching the new party may be the biggest gamble in a lifetime filled with them. Known throughout his career for daring — and sometimes reckless — moves, he is facing a considerable challenge. Sharon, who turns 78 next February, has said his goal is to “serve until 2010, and then retire to my farm to ride the horses.” Such pastoral retirement, however, so common to American political life, has proved impossible in Israel. None of Sharon’s 10 predecessors has left his job peacefully. Two died while in office, and the other eight were forced out by an angry party or public. Moreover, all previous attempts to create a “third party” in Israel, despite high expectations at the start, ended up faring miserably at the polling booth. Even David Ben-Gurion, the Jewish state’s legendary founding father and Sharon’s old mentor, failed in his attempt to return to power by creating his own party in the mid-’60s.
Monday’s announcement was an aftershock of Sharon’s disengagement plan, Israel’s unilateral pullout of its settlers and forces from the Gaza Strip and the northern West Bank, carried out last summer. The unprecedented removal of 25 Jewish settlements from Palestinian-populated areas tore apart the Likud, which historically supported the “Greater Israel” concept and sponsored the settlement enterprise in the territories occupied after the 1967 war. Using his consummate political skill, Sharon managed to escort his plan through numerous political minefields, winning parliamentary approval last year and then implementing the withdrawal in a dignified, nonviolent way. Nevertheless, he faced a determined group of so-called rebels, 10 to 15 of the Likud’s 40-member parliamentary faction, who were enraged at Sharon’s betrayal of the party’s ideology and vowed to fight him. Forming an opposition within the coalition, the “rebels” turned Sharon’s political reality into a nightmare.
As the disengagement timetable reached its final stages, Sharon’s political advisors concluded that his party had become an uncontrollable beast. And they predicted that the Likud parliamentary faction in the next elections would be even more right-wing and would reject any further withdrawal in the West Bank. Sharon hesitated. He was torn between his desire, backed by his public pledge, to push through another pullout and establish a Palestinian state, and his political dependence on the Likud’s organizational power.
Although Sharon created the Likud Party by uniting a host of smaller right-wing factions following his retirement from the army in 1973, he has always been an outsider in the party. He is a pragmatist and a realist in a movement shaped by ideology. His public support for Palestinian statehood in September 2001, and his subsequent dismantling of the Gaza and a few West Bank settlements, was heresy for party loyalists. But they grudgingly accepted his leadership, given his track record of electoral landslides. Now he has destroyed his own political creation, just as he destroyed the settlements he built in the ’70s and ’80s.
Sharon’s new route was suggested by two veteran politicians, Labor’s Haim Ramon and Likud’s Ehud Olmert, currently the finance minister. Both disliked in their respective parties, they argued for redrawing Israel’s political map according to the new realities created during the five-year war with the Palestinians. Both asserted that Israel’s imperative interest was to redraw its borders along demographic lines and to consolidate its shrinking Jewish majority on a smaller territory, even if no peace treaty was finalized with the Palestinians. Ramon coined the name “Big Bang” for a new party, composed of like-minded figures from the political center and united behind Sharon’s popular leadership. Olmert and Ramon were among the first to join Sharon’s new party on Monday, along with a group of Likud ministers and Knesset members, who were formerly the moderate group within the ruling party.
Throughout the summer, Sharon seriously considered the idea. Visiting New York for the U.N. General Assembly in September, he met potential donors and longtime backers from the American Jewish community. But when Netanyahu called a showdown at the Likud central committee, aiming to force Sharon into an early primary contest, the prime minister narrowly defeated him, and it appeared that Sharon would be able to stay in office until the originally scheduled Election Day in November 2006, and maintain his coalition with the Labor Party. Under Shimon Peres, the 82-year-old vice premier, Labor had turned into a Sharon cheerleading troupe. Once an architect of compromise with the Palestinians and a Nobel Peace Prize laureate, Peres came to believe that the public had rejected leftist ideas and that supporting Sharon’s moves “from within” was the best way to influence policy. Acquaintances for over 50 years, alternately partners and rivals, Peres and Sharon are the elder statesmen of Israeli politics, who between them have seen and done everything.
Their idyllic partnership was shattered, however, on Nov. 9, when Peres — who during his long career has lost almost every important political contest — failed again in the Labor primary. The victory of Peretz, his challenger, marked a turning point in Israeli politics. His advent not only marked a generational change — Peretz is 29 years younger than the ousted Peres — but also a new agenda. The Labor Party, which had led and built Israel from its pre-state days until 1977, lost its prominence and in recent years appeared as a dying relic of a glorious past. Its failure to achieve peace with the Palestinians through the Oslo agreements and the ill-fated 2000 Camp David summit, which led to the Palestinian uprising, or intifada, was the final nail in its coffin. With Peretz’s victory, the political corpse revived itself almost overnight.
Best known to Israelis for his trademark mustache, Amir Peretz has been a presence in political life for over two decades. In recent years, as the trade union leader, he fought against Netanyahu’s Thatcherite policies at the treasury. Arriving from Morocco with his family as a child, Peretz grew up in Sderot, a small “developing town” (a euphemism for poverty and underdevelopment) in the Israeli south several miles from Gaza. But unlike most people with his background, he joined Labor rather than the Likud. And since he first appeared on the political landscape, as the mayor of Sderot in the ’80s, Peretz argued that the Likud government’s obsession with the settlers in the West Bank and Gaza came at the expense of the poor within Israel proper. Although most of his neighbors ignored his call and kept voting Likud, he rose to national prominence through the trade union federation, the Histadrut, once a pillar of Israel’s economy and currently the representative of the unionized public sector.
Immediately after winning the primary, albeit by a small margin, Peretz set out to revolutionize the party and the political system. In less than two weeks, he pulled Labor out of Sharon’s coalition — arguing that such “national unity governments” are anathema for democracy — and forced Sharon to make up his mind, split the Likud and call an early election. For the first time in five years, Labor appears to be a serious political contender, especially given the breakup of its decades-long rival. This is no small achievement for someone who has just risen from the second tier of the nation’s political leadership.
Peretz’s first remarks indicated he was moving to the left. He called to dismantle the settlement enterprise, to “return to Oslo” and reach a quick final-status deal with the Palestinian Authority. Focusing on social and economic issues, where he feels more at home, Peretz vowed to reject Israel’s bipartisan adoption of free-market and privatization policies, which it has followed for 15 years. His goals are to reconstruct the welfare state, raise the minimum wage and support the poor. Speaking before his party’s central committee, on Sunday, he softened his peace message, vowing to keep “united Jerusalem” and to resist the return of Palestinian refugees to Israel. But he continued to slam Sharon’s economic policies. “We may forgive Sharon for the Lebanon war, but not for poverty,” he read from his prepared remarks. At the same time, he also tried to calm the business community, which is worried about his “socialist” policies.
A centralist and dominant boss in the trade union movement, Peretz lacks any experience in matters of war and peace. This is a significant political weakness in a country where politics revolve over terror attacks and undefined borders, although it may bring some fresh thinking to a governing elite that was shaped on the front lines. Sharon’s advantage, like Yitzhak Rabin’s, lies in his unmatched record as a war hero. His attackers from the right have tried but failed to portray Sharon as a softie who rewarded Palestinian terrorists by removing settlements.
As prime minister, Sharon proved himself time and again to be a calm and brave leader in times of crisis, when the country faced daily suicide bombings, and through the painful process of disengagement. During the evacuation of the Gaza settlements, Sharon also displayed exemplary leadership. Thanks to meticulous preparation, the complicated operation was completed in six days, without a single gunshot. The scary scenarios of large-scale violence and a rift within the military never came to pass. Despite that, Sharon is not immune from weaknesses, most prominently corruption charges. His son Omri, a Knesset member who ran his father’s campaigns, was convicted last week — as part of a plea bargain — for campaign finance violations during the 1999 Likud primary. Many Israelis view this as the son sacrificing himself for his dad, who walked away claiming “he didn’t know.”
Sharon’s new leadership bid is focused on maintaining the momentum of disengagement, but from a “centrist” viewpoint: moving forward “responsibly,” neither rushing to embrace the Palestinians, like the left, nor saying no to territorial compromise like the remaining, post-Sharon Likud. In specific terms, this means another West Bank withdrawal and removal of some settlements, by agreement with the Palestinians or (despite Sharon’s denials) through another unilateral move. Israel’s military planners, who assessed the options, have recommended another one-sided move, citing the weakness of the Palestinian Authority and Israel’s ability to shape the future border according to its own interests. Sharon, however, is publicly committed to the unfulfilled “road map” plan for Palestinian statehood. He loves its demand for a Palestinian crackdown on terror before any Israeli move. But judging by his past actions, he may change his mind and act unilaterally, citing the “national interest.”
How far would he go? Sharon is committed to keeping the main “settlement blocs,” where most settlers live, as part of Israel, surrounded by the security barrier now under construction. He has pledged to remove other settlements, but has refrained from presenting a map. Many believe that the barrier route is his final, de facto eastern border of Israel. While the Palestinians reject this plan as an illegal confiscation of their land (about 10 percent of the West Bank land is on the “Israeli,” western side of the fence), convincing the Israeli right to give up even this much of the West Bank will be extremely difficult. Withdrawing to the fence line will mandate the evacuation and resettlement of some 60,000 people, including the ideological core of the settler movement. Olmert, Sharon’s sidekick, argues for it openly. This is no small endeavor, and Sharon’s campaign will argue that he is the only leader capable of conducting it, given his proven record in the Gaza pullout, and his great relations with the Bush administration. American support is necessary for such a move, as Israel would need Washington’s consent to keep the settlement blocs inside the fence.
Peretz is trying to outflank Sharon from the left, proposing to lease the settlement blocs from a future Palestinian state following a full Israeli withdrawal from the West Bank (with the exception of East Jerusalem and its holy sites). From the right, the leading figures in the Likud primary contest oppose such a withdrawal, conditioning every move with tough demands from the Palestinians.
The road map calls for Israel to withdraw from the occupied territories if the Palestinians take steps to stop militants. It also calls for Israel not to take steps that would prejudge final-status issues, in particular concerning Jerusalem and the borders of a future Palestinian state. Sharon, with President Bush’s tacit acceptance, has largely ignored these restrictions, continuing to build settlements in the West Bank and vowing that the six largest settlements, including key built-up areas around Jerusalem, will remain part of Israel “forever.” (New construction has been restricted to these areas, while halted in the dozens of isolated settlements.) Bush signaled his acceptance of Sharon’s policies in a letter on April 14, 2004, in which he said that “realities on the ground” meant that Israel should be able to keep some settlements. This speech represented a historic shift in U.S. policy toward the Israeli settlements, which are considered illegal under the Fourth Geneva Convention (with Israeli legal dissent). Since then the Bush administration has expressed concern to Israel about construction that threatens to cut off Jerusalem from the West Bank, but has largely given Sharon a free hand in the “settlement blocs” he aims to “keep as part of Israel, connected territorially to Israel,” according to his Monday press conference.
Israel is also enjoying an enviable strategic situation, with relative freedom of action, mainly as a result of Bush’s aggressive policy in the Middle East. Its rivals, Iran and Syria, are facing international pressure to change their behavior (although the oil-abundant Iran is far less vulnerable to such pressure than Syria). Iraq is under American occupation, and Saudi Arabia and Egypt have been called to reform and liberalize their regimes. The Palestinians are still devastated by the death of their longtime leader Yasser Arafat last year. Their cause lost some of its global prominence and attention, as Mahmoud Abbas (Abu Mazen), the new P.A. leader, lacks his former mentor’s charisma. Sharon is treating him as a useless weakling, while Hamas, the Islamic militant group, is gaining strength. Israel’s Gaza withdrawal has weakened Abbas even more, as he failed to show control in the “liberated” areas. Now he wants to postpone legislative elections, originally planned for late January, for fear of losing ground to Hamas.
Bush and Sharon see eye to eye on almost everything involving the Palestinians, but their interests are not identical. Unlike Sharon, Bush views Abbas as a genuine reformer, committed to peace and democracy, and has so far rejected Sharon’s efforts to sideline him. Moreover, American Mideast policy is often judged in European and Arab capitals by its willingness to pressure Israel on the settlements, the barrier and other contentious behaviors in the West Bank. This is where possible tensions between Sharon and Bush could arise, which Peretz will try to exploit. Last week, following a last-minute intervention by Secretary of State Condoleezza Rice, the Palestinians gained a first-ever crack in the Israeli siege around Gaza. Scheduled to open on Friday, the Rafah border crossing to Egypt will give the P.A. some control over its external border, although under the third-party supervision of European border officers and Israeli remote-controlled video cameras. This may be far from the Palestinian hopes, but nevertheless it is another important move in ending Israel’s occupation.
In these circumstances, the coming Israeli government will probably determine the direction of events in the Palestinian-Israeli arena. The new timetable means that a decision on the next step in the West Bank may be made during 2006, rather than deferred to 2007. Much depends on the composition of Israel’s next coalition, especially given the new tripartite structure, which all but leaves out the possibility of a dominant party. Stable parliamentary support is a necessity for a follow-up to the Gaza pullout. International involvement is no less important, in order to keep the process going. Bush’s domestic problems cast doubt on his ability to be involved, but Washington remains committed, as shown by Rice’s recent visit. This is a good sign, but more will be needed in the coming months.
Barack Obama’s presidency was born from nothing so much as his repudiation of George W. Bush’s administration — its policies and politics, its style and tone. One of Obama’s most effective 2008 stump speech refrains was his promise to end the era of “Scooter Libby justice, ‘Brownie’ incompetence and Karl Rove politics.”
But the political dynamics for winning a second presidential term often differ markedly from winning the first. So don’t be surprised by many eerie parallels between Obama’s 2012 reelection bid and Bush’s 2004 campaign. The president may not rely upon “Karl Rove politics” in the strictest sense, and nobody would confuse David Axelrod with Rove. But Obama’s reelection route and rhetoric may bear more than a few Rovian hallmarks.
Now that Mitt Romney has won the Republican nomination, two key features prevail over the 2012 campaign — and both were also plainly evident in 2004. First, the incumbent president’s reelection fortunes are far from certain; and, second, the incumbent faces a decent but nevertheless weak challenger who is further hampered by internal problems within his party’s coalition.
Because incumbents can’t run for reelection promising “change,” and because “hope” during a lingering recession was also off the menu, the Obama campaign’s 2012 theme of “forward” — a word that often follows “plow,” mind you — was the best available alternative. That said, and substituting the economy for terrorism, Obama is implicitly if not explicitly advancing the same theme Bush did in 2004: America suffered a tough blow, but the situation could have been worse and, more to the point, under my stewardship the nation is steadily regaining its footing.
This counterfactual campaign theme — vote for me not because of what happened, but what might have but didn’t — is a common thread for Bush and Obama. It’s not an uplifting message, but it sufficed in 2004 and Obama is counting on it working again in 2012.
Politics 101 further dictates that when an incumbent’s reelection is in doubt, he must go negative against the challenger. Obama political operatives in the White House and at the Democratic National Committee long ago made it abundantly clear they were willing to do just that. Team Obama may not go negative against Romney to the degree the Bush camp did against John Kerry in 2004. (By mid-summer 2004, 75 percent of Bush’s TV ads were negative attacks on Kerry.) But don’t be surprised if attacks on Romney’s record and even character are plentiful, harsh and relentless. In 2008, America saw candidate Obama’s toothy grin; four years later, expect to see President Obama’s fangs.
Expect the Obama camp to emphasize two major critiques of Romney: that he is a flip-flopper willing to say anything or reverse any position to win; and that he is an economic royalist whose personal and public life suggest a person incapable of understanding the lives and struggles of average Americans. Again — note the unusual parallels with 2004.
Although Romney is a Republican former governor and Kerry was at the time his state’s Democratic junior U.S. senator, the two Massachusetts pols make for similar targets. Each man is an extraordinarily rich preppie and Ivy Leaguer. Each represents the liberal wing of his respective party. Each has shown a propensity for ruining an otherwise valid point with sloppy, backfiring language. And each has a reputation for lacking political spine.
The flip-flop frame is candidate character assassination of the first order. Like the lone negative number in a string of multiplied positives, the critique that nobody can trust any statement or claim made by a politician has the potential to negate every accomplishment or promise. If it sticks, it can be fatal, as Kerry learned in 2004.
Obama and the Democratic National Committee know their electoral history and, sure enough, last November — a year before the election and two full months before a single Iowan had caucused — the DNC released a four-minute “Mitt vs. Mitt” ad and its accompanying website with the damning tag line, “the story of two men trapped in one body.” The site is a brilliant homage to the Bush campaign’s 2004 windsurfer attack ad and the devastating, 11-minute ad the Republican National Committee produced chronicling Kerry’s “evolution” on Iraq.
And then there is what might be called “the Willard factor”: Romney as Richy Rich, the Monopoly Guy with the Bain Capital background and the Swiss bank account. His bio would be political gold to Romney’s opponent any election cycle, but it’s gold-plated platinum in the first full presidential campaign following the biggest economic crisis since the Great Depression, the rise of the Occupy Wall Street movement, and the long overdue national debate over income inequality.
Again, the wealth-personified line of attack mirrors the out-of-touch, Martha’s Vineyard yoke the Bush team put around Kerry’s neck in 2004. Right on cue, in the first public event of his reelection campaign, last week Obama attacked Romney by name and invoked the economic disconnect card with relish. “He sincerely believes that if CEOs and wealthy investors like him make money the rest of us will automatically prosper as well,” said Obama of Romney, adding that “corporations aren’t people – -people are people.” (For the record, Kerry is actually wealthier than Romney, who would become one of the richest men ever to occupy the White House, should he win.)
Obama will also try to shift the national debate toward areas of strength, as Bush did. Historically, this meant the same strategy, but with inverse implications for each party: The so-called mommy party Democrats would encourage voters to focus on more favorable kitchen-table economy issues — healthcare, jobs, education — and away from less favorable “daddy party” Republican issues surrounding foreign wars abroad and culture wars. Because Obama is net-positive in foreign policy approval and net-negative on the economy, rather than mirroring by inversion, Obama will try to duplicate Bush’s shift-in-emphasis in 2004. GOP complaints that Obama is politicizing the killing of Osama bin Laden reveal Republican fears that Obama is going to play the terrorism card in 2012 just like Bush did eight years ago.
The 2004 parallels extend beyond message. Obama will be amply resourced and enjoy a field technology by virtue of his campaign’s state-of-the-art Web, donor, volunteer and social media innovations. Remember the Bush reelection campaign’s vaunted “72-hour” voter turnout model? That seems like an Edsel compared to the Ferrari the Obama team will be sporting this summer and fall. Among the perquisites modern presidential incumbents enjoy is the option to test-drive the best mobilization machines before anyone else.
Finally, what most connects Obama 2012 to Bush 2004 is the stability of the electoral map itself. Only three states — two net to Bush — flipped from one party to the other between 2000 and 2004; only nine states flipped between 2004 and 2008. Split the difference and a good, back-of-the-napkin over-under for number of states likely to flip between 2008 and 2012 is six. And thus, like the lead sailboat during a windless race, Obama doesn’t need or want conditions to change much from 2008: He merely has to replicate the map that swept him into office, with the burden of figuring out how to shake up the Electoral College falling to Romney, just as it did for Kerry against Bush. Even Karl Rove’s mapping of the 2012 election concedes this reality.
The 2008 election was memorable; to borrow the title of one best-selling chronicle, it was a “game changer.” But 2012 will not be. In many respects, it will be a game repeater, with Obama playing Bush to Romney’s Kerry of 2004. The president may be asking Americans to look “forward” in 2012, but the best preview of his reelection campaign can be found by looking backward eight years.
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There was good reason for Republicans to cry foul over the Obama campaign’s advertisement highlighting the president’s killing of Osama bin Laden; the GOP has lost its decades-long edge on national security. According to a Washington Post poll, “By a margin of more than 2 to 1, Americans say the president’s handling of terrorism is a major reason to support rather than oppose his bid for reelection.”
Republicans lost their popularity on security issues for one reason: George W. Bush’s foreign policy was a disaster. And yet, the party’s nominee, Mitt Romney, has assembled a foreign-policy team composed almost exclusively of individuals with the same war-always mentality and ideology that served Bush — and the United States — so poorly. In some cases, the exact same men responsible for Bush’s catastrophic national security policies are advising Romney. The former Massachusetts governor could have included some of the pragmatists and realists from the George H.W. Bush administration. Instead, a Romney presidency seems like it would be Bush 43 all over again.
Richard Grenell, who served as United Nations spokesman under Bush, may be gone from the Romney campaign after an uproar over his sexuality, but there are plenty more former Bushies. First off, there are Romney’s “special advisors.” There’s Michael Chertoff, W.’s Homeland Security director. Chertoff oversaw DHS’s failures during Hurricane Katrina, and amassed unprecedented powers of secrecy. Next up is Eliot Cohen, counselor to the State Department for Bush’s last two years and on the Defense Policy Advisory Board for the president’s entire term. Cohen was an adamant supporter of the Iraq War and advised Bush directly on the issue. Or take Cofer Black, the man who infamously said to Bush in September 2011 about al-Qaida that “When we’re through with them they will have flies walking across their eyeballs.” Black went on to become chairman of Blackwater, where he resigned after the company illegally bribed Iraqi officials.
Then there are the 13 “working groups” composed of equally worrisome individuals. The Middle East and North Africa Working Group is co-chaired by Bush’s Assistant Secretary of Defense Mary Beth Long, and Meghan O’Sullivan, Bush’s special assistant and deputy national security advisor for Iraq and Afghanistan. The remaining co-chair is Walid Phares, who never worked for Bush but advised Lebanese warlords in the 1980s. Romney has reportedly promised Phares a top job in his administration, despite his virulently anti-Islamic views.
All told, Romney lists 37 holdovers from the George W. Bush administration — the very same administration he and all other Republican candidates barely referenced during their many debates because it was so discredited and toxic, even to the Republican base.
It didn’t have to be this way. There are, in fact, people in Republican circles who are sensible on international affairs. The Cato Institute, in particular, has experts that could dramatically change the direction of American foreign policy. Men like Justin Logan and Christopher Preble were prescient on Iraq and a host of other issues. Similarly, the Center for the National Interest (formerly the Nixon Center) has a host of solid scholars, including ones like Dimitri Simes and Geoffrey Kemp, who have valuable government experience in the Nixon and Reagan administrations, respectively, and a history of perceptive analysis. Richard Haass, president of the Council on Foreign Relations, would have been another good pick.
So why aren’t guys like this being tapped? Why is the GOP sticking with a discredited foreign-policy approach rather that looking to its own past for wiser counsel? “Most of the realists and pragmatists have simply been driven out of the Republican Party,” says Stephen Walt, who writes a blog at Foreign Policy and teaches at Harvard. “The neoconservatives have been driving the agenda since Bush was elected and they remain well-entrenched.”
Another factor is that the Republican Party’s base remains strongly militaristic and reluctant to recognize limits on American power. Jon Huntsman’s failed presidential campaign illustrated that problem. The good news is that nobody seems to be calling for nation-building and occupying foreign countries in the mold of Iraq and Afghanistan. But that’s the only lesson that seems to have been learned from the last decade of foreign-policy debacles.
Finally, it may just be that the United States has too much power to change course. While the Unites States has undoubtedly made disastrous decisions in the last decades, it is so powerful that it is largely insulated from the consequences of them. If Romney’s foreign-policy advisor list is anything to go by, a Romney administration would have to teach the U.S. all over again about the problems with trying to police the world. Prepare for Bush redux.
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The Bush administration hasn’t heard the last from Philip Zelikow. After the rediscovery last week of his long lost 2006 anti-torture memo, Zelikow, a former State Department official, has written arguably the most damning article yet about U.S. government’s interrogation policies from 2001 to 2009. The article, called “Codes of Conduct for a Twilight War,” will be released in a forthcoming issue of the Houston Law Journal, and was obtained exclusively by Salon. Says Zelikow in an email: “I’m not aware of other accounts that combine historical, policy and legal approaches to” the subject of the Bush administration’s interrogation methods.
Based on published histories and his firsthand observations, and adapted from a lecture delivered in November, the article calls the administration’s rationale for its use of torture — which he nonetheless insists only on calling “extreme interrogation” and “coercive methods” — “radical,” “an amazing contention,” “untenable and extreme,” “unsustainable,” “an unprecedented program of coolly calculated dehumanizing abuse and physical torment,” and, finally, simply a “mistake.” He concludes: “This was a collective failure of American public leadership, in which a number of officials and members of Congress (and staffers) of both parties played a part, endorsing a CIA program of physical coercion without any precedent in U.S. history.” In fact, “The only defense against criminal prosecution would be that officials acted in good faith reliance on the advice of their government lawyers.”
Part of what makes Zelikow’s analysis so damning and definitive is its judiciousness. The article is deeply empathetic of the uniquely fearful situation under which the Bush administration was initially operating. Zelikow calls the Sept. 11 attacks a “collective trauma” and a “shoc[k] to mass beliefs.” He notes that Bush and others spent time in burn units, morgues and with survivors of the attacks. One traumatic experienced often overlooked — overlooked because it appeared in Stephen Hayes’ stenographic biography of Dick Cheney — was that the vice-president’s daughter was (falsely, it turns out) told that her house with her children in it had tested positive for anthrax. Similarly, Cheney and National Security Advisor Condoleezza Rice were told that they and others had been exposed to an extremely lethal toxin in a particular area of the White House — and might soon die as a result. “The alarms did not stop and they too were not abstract … The pressure on Bush and his senior advisers was so direct because so much of the response had to be invented and improvised,” the article reads.
An additional factor in the power of the article is Zelikow’s credibility and history. Before entering government, he was a civil rights lawyer in Texas battling the Ku Klux Klan and then a highly esteemed Harvard historian specializing in U.S. foreign policy — he co-authored one book with Rice. He then served on the National Security Council under President George H.W. Bush and directed the 9/11 Commission before becoming counselor to Rice at the State Department from 2005 to 2007. He currently volunteers part-time on the President’s Intelligence Advisory Board under President Obama.
Such bipartisan, establishment credentials render the breakdown and conclusion of this article all the more damning. He believes that what should have been a political and moral question — should the United States torture captives? — became strictly a legal matter left up to government lawyers, few of whom had any experience with these issues, and who had to take the necessity of extreme measures as a given. “These lawyers then became secular priests, granting absolution to the supplicant policymakers,” Zelikow writes.
The problems began when the Office of the Vice President and the CIA took central roles in policymaking. Cheney felt himself above the rest of the National Security Council, bypassing Rice and other traditional channels of national security policymaking. Ad-hoc decision-making and improvisation became “a habit of thought,” which seemed initially to pay off in the security of the nation, as well as in Bush’s political standing and self-confidence.
With Cheney and CIA head George Tenet “the key entrepreneurs in setting codes of conduct for the War on Terror,” it was essentially left to their obsequious lawyers to decide, in secret, on the interrogation methods America should employ. Bush even told the Senate’s Intelligence Committee chairman that “the vice president should be your point of contact … [He] has the portfolio for intelligence activities.” Decisions were made to jettison international treaties. By December 2001, the CIA was already interested in reverse-engineering methods “heretofore used only to treat Americans to resist enemy torture.” When a senior al-Qaida member was captured in March 2002, the prototype for the administration’s torture policies was already developed. “So, for the first time in American history, leaders of the U.S. government carefully devised ways and means to torment enemy captives.”
Zelikow notes that “None of the policy or moral issues connected with these choices appear to have been analyzed in any noticeable way.” Perhaps worst of all, no serious consideration was given to weighing the costs of benefits of the torture program, with reference to relevant historical precedents and/or examinations of the respective French, British and Israeli experiences in dealing with captured terrorists. “Bush and Rice should have insisted on this,” Zelikow writes.
The 52-page article observes the successes of Obama’s counterterrorism policies after repudiating the use of torture. On the basis of the empirical evidence then, “[t]here is no evident correlations between intelligence success and the available of extreme interrogation methods,” no matter what Bush and Cheney claim. Finally, “The program’s costs — which include the high-level effort expended in order to establish, maintain, and defense the program — appear on the evidence so far to have well outweighed any unique value the program might have had as a method of counterterrorism intelligence collection.” This is apart from the damage to America’s international standing and corrosion of its traditional values.
Zelikow concludes his analysis by arguing that, although the Obama administration has the right to wage war and use extralegal methods to defeat al-Qaida, its claim of that authority to defeat “associated forces” is unwarranted. “The U.S. government should publish and explain any overarching policy and legal documents that guide and confine the conduct of deadly operation against its foreign enemies … the executive branch of the U.S. government has a duty to articulate the scope of its warfare to the Congress and the public.” The Bush administration’s unprecedented elevation of torture to national policy may be history, but the job to get U.S. foreign policy in line with its constitutional and moral obligations is far from over.
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News of Thomas Kinkade’s death arrived on the same day I received in the mail a vintage teacup on which I had spent a ridiculous amount of money. It has a cottage painted on it. Kinkade, whose work has long exerted a morbid fascination for me (to the concern of all my friends), specialized in cottages. So some part of me understands the appeal, I guess, but, damn: Those paintings make my corneas hurt. And yet, I could barely stop looking at them.
Kinkade was only 54, and his family told the media that he died of “natural causes.” This comes after years of reports of drunken public misbehavior: cursing at people who tried to save him from falling off bar stools, heckling Siegfried & Roy, grabbing a woman’s breasts at a publicity event and, most memorably, urinating on a Winnie the Pooh statue at the Disneyland Hotel while proclaiming, “This one’s for you, Walt!” There were DUI arrests. Also, his manufacturing company declared bankruptcy two years ago, and former franchisees of the once-ubiquitous Thomas Kinkade Signature Galleries won settlements against him for fraud.
That’s quite a fall for a man who frequently spoke of his Christian faith and family values when asked to comment on the mammoth success of his brand in the early 2000s. “When I got saved, God became my art agent,” Kinkade explained in a 2004 video. He went from a childhood in Placerville, Calif. (invariably characterized as “hard-scrabble”) to an apprenticeship selling his work in supermarket parking lots to his apotheosis as the nation’s “most profitable” artist, the Painter of Light™, and multimillionaire. He was profiled in the New Yorker by Susan Orlean.
I first learned about the dark side of the Painter of Light™ — sorry, couldn’t resist that one — when I reviewed “his” novel, “Cape Light,” in 2002. The novel, first in a series, was produced much as his paintings are: by a semi-industrial process in which low-level apprentices embellish a prefab base provided by Kinkade. He wasn’t the only artist to work in this way; he wasn’t even the only novelist. To the best of my knowledge, his novels — heartwarming, fuzzily pious tales of small-town life — have been coming out ever since, one more facet of a lifestyle brand that, at its most ambitious, included an entire Thomas Kinkade-themed housing development.
My review was just a goof intended to amuse Salon’s readers, but after it appeared, I began to receive emails from people who had sunk their life savings in Thomas Kinkade Signature Galleries (essentially, mall and shopping-district outlets for his prints) and been fleeced. I didn’t really understand how the financial architecture of Kinkade’s gallery empire worked, and I sure didn’t share their taste in wall art, but these people struck me as decent and sincere. They’d believed in Thomas Kinkade — not just in the man or the company, but in the ethos supposedly represented by his work, one in which (to quote Kinkade’s introduction to “Cape Light”) “people have the time to savor life’s simple pleasures” and lead “deep, satisfying lives.”
My conversations with these victims made me uneasy. Was there some relationship between the franchisees’ naivete, perhaps even their willful self-delusion, and their terrible taste? Was it hopelessly snobby to wonder that? What about Kinkade himself? He seemed to be at best a hypocrite and at worst a crook. Was there a meaningful connection between his bad conscience and his bad art? German thinkers of the 1930s would have said so, and they had plenty of opportunity to observe bad fascist art up close. Hermann Broch maintained that someone who chooses to make kitsch is “ethically depraved, a criminal willing radical evil.” The novelist Milan Kundera believes kitsch to be the natural expression of totalitarianism. That’s a lot of moral weight to place on a bunch of garish cottage paintings, but Kinkade was always the first to present his work as a form of ideology.
I felt compassion for the ripped-off gallery operators, and at the same time I was aware that quite a few of them had probably also fallen for the similarly sanctimonious, bogus folksiness of George W. Bush, thereby subjecting our nation to one of the worst presidents in its history. Kinkade and Bush struck me as of a piece, probably because they had both borrowed from Ronald Reagan in promising that we could get back to a better way of life that never existed in the first place. In nearly every encounter with the press, Kinkade delivered a diatribe against the art-world “establishment” that had shut him out. They were “elites” touting unfathomable, downer junk to hardworking people who needed uplift instead. Art snobs were the aesthetic counterparts of the so-called liberal elites, a group that surely included me.
At the same time, I must admit that I, too, like a cottage. Granted, I like the stylized, art-deco kind painted on bone china, rather than the insanely detailed and phosphorescently lit specimens in Kinkade’s pictures. And I’m in little danger of equating my new teacup with a Brancusi just because it’s cheerier. Nevertheless, I suspect that my idea of what’s pleasing about a cottage isn’t too different from that of Kinkade’s fans: an aura of harmless coziness, of modest domestic beauty and comfort not too cut off from the past. It’s as if we’re speaking the same word, but in different languages.
I suspect this is why Kinkade’s paintings have exerted their weird, hypnotic effect on me. They are so preposterous (especially the stream-side ones; he really needed to sit down with an architect and go over the basics of drainage), so awful. And yet I can still detect — beneath that cacophony of hollyhocks and cobblestones and snapdragons — the whisper of something intelligible. I’m pretty sure I know why the hordes of Kinkade collectors love his work, even if I don’t like it myself. Kinkade’s paintings are irredeemably false, like all kitsch, but through them you can just barely glimpse the honest desires they seek to exploit, sinking under the dreck.
Kundera defined kitsch as “the absolute denial of shit,” meaning it offers an airbrushed, sterilized, sentimentalized view of the world. From that, it doesn’t necessarily follow that art wallows in shit, but art doesn’t exist for the primary purpose of denying it, either. Kitsch is, first and foremost, a lie; its very existence is founded on bad faith.
Kinkade, like Bush, peddled a falsely simplified image of the world — one without mildew or flooded basements, for one thing — which, no surprise, turned out to be plastered over a whole lot of stinky stuff. The true believers, the ones who bought into these men the most during the 2000s, ended up paying some of the highest prices, from the Kinkade acolytes who invested in his gallery Ponzi scheme to the working-class red-staters who sent off their kids to die in a pointless war. Bad taste, harmless as it may seem, can end up costing you a lot.
Further reading
Los Angeles Times obituary for Thomas Kinkade
Susan Orlean’s 2001 profile of Thomas Kinkade for the New Yorker
A 2006 Los Angeles Times story documenting Kinkade’s business problems
Salon’s Janelle Brown visits Hiddenbrooke, a Kinkade-theme housing development in Northern California
Laura Miller reviews “Cape Light,” a novel by Thomas Kinkade and Katherine Spencer
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In February of 2006, Philip Zelikow, counselor to Secretary of State Condoleezza Rice, authored a memo opposing the Bush administration’s torture practices (though he employed the infamous obfuscation of “enhanced interrogation techniques”). The White House tried to collect and destroy all copies of the memo, but one survived in the State Department’s bowels and was declassified yesterday in response to a Freedom of Information Act request by the National Security Archive.
The memo argues that the Convention Against Torture, and the Constitution’s prohibitions against cruel and unusual punishment, do indeed apply to the CIA’s use of “waterboard[ing], walling, dousing, stress positions, and cramped confinement.” Zelikow further wrote in the memo that “we are unaware of any precedent in World War II, the Korean War, the Vietnam War, or any subsequent conflict for authorized, systematic interrogation practices similar to those in question here, even when the prisoners were presumed to be unlawful combatants.” According to the memo, the techniques are legally prohibited, even if there is a compelling state interest to justify them, since they should be considered cruel and unusual punishment and “shock the conscience.”
Chillingly, the memo notes that “corrective techniques, such as slaps,” may be legally sustained, as might be “[C]ontrol conditions, such as nudity, sleep deprivation, and liquid diets…depending on the circumstances and details of how these techniques are used.” However much distress Zelikow’s memo caused the White House, it was not an ACLU briefing paper.
“I’m pleased the memo is now part of the historical record and available for study,” Zelikow wrote Salon in an email. The White House had determined that the memo — which was not binding since Zelikow’s was a bureaucratic position without legal authority — was too dangerous to exist. “I later heard the memo was not considered appropriate for further discussion and that copies of my memo should be collected and destroyed,” he said in a May 2009 congressional hearing.
At that hearing, before the Senate Committee on the Judiciary, Subcommittee on Administrative Oversight and the Courts, Zelikow said he had “no view on whether former officials should be prosecuted,” a decision he thinks should be left to “institutions.” However, he did call for a thorough inquiry and a public report examining how the U.S. came to employ torture.
Of course, no such inquiry was ever launched. The Obama administration declined to revisit the U.S. employment of torture, with the president saying he didn’t want to “look back.” Zelikow believes this was a mistake. “I still believe an inquiry would be useful, though less so as time passes and more information becomes available, especially after the 9/11 trials conclude, hopefully this year,” he says in an email.
During his congressional testimony, Zelikow declined to say whether Department of Justice lawyers acted improperly or immorally, conceding only that their opinions were “unsound, even unreasonable.” But in a 2007 lecture in Houston, he had no problem saying “the cool, carefully considered, methodical, prolonged, and repeated subjection of captives to physical torment, and the accompanying psychological terror, is immoral.”
The importance of the memo lies in its revelation that there was real, serious debate inside the Bush administration about how to interrogate captured terrorist suspects. The members of the White House declined to enter that debate — indeed, they did their best to squash it. The destruction of Zelikow’s carefully reasoned memo suggests the White House did not want any record of alternative views even existing, lest they be considered reasonable or people get the idea that the torture policies were thought controversial even by members of the administration.
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