Barack Obama

Obama argues his assassination program is a “state secret”

When many cynics thought it impossible, the President reaches an all-new low in his abysmal civil liberties record

(updated below)

At this point, I didn’t believe it was possible, but the Obama administration has just reached an all-new low in its abysmal civil liberties record.  In response to the lawsuit filed by Anwar Awlaki’s father asking a court to enjoin the President from assassinating his son, a U.S. citizen, without any due process, the administration late last night, according to The Washington Post, filed a brief asking the court to dismiss the lawsuit without hearing the merits of the claims.  That’s not surprising:  both the Bush and Obama administrations have repeatedly insisted that their secret conduct is legal but nonetheless urge courts not to even rule on its legality.  But what’s most notable here is that one of the arguments the Obama DOJ raises to demand dismissal of this lawsuit is “state secrets”:  in other words, not only does the President have the right to sentence Americans to death with no due process or charges of any kind, but his decisions as to who will be killed and why he wants them dead are “state secrets,” and thus no court may adjudicate their legality.

A very intense case of food poisoning in New York on Thursday, combined with my traveling home all night last night, prevents me from writing much about this until tomorrow (and it’s what rendered the blog uncharacteristically silent for the last two days).  But I would hope that nobody needs me or anyone else to explain why this assertion of power is so pernicious — at least as pernicious as any power asserted during the Bush/Cheney years.  If the President has the power to order American citizens killed with no due process, and to do so in such complete secrecy that no courts can even review his decisions, then what doesn’t he have the power to do?  Just for the moment, I’ll note that The New York Times‘ Charlie Savage, two weeks ago, wrote about the possibility that Obama might raise this argument, and quoted the far-right, Bush-supporting, executive-power-revering lawyer David Rivkin as follows:

The government’s increasing use of the state secrets doctrine to shield its actions from judicial review has been contentious. Some officials have argued that invoking it in the Awlaki matter, about which so much is already public, would risk a backlash. David Rivkin, a lawyer in the White House of President George H. W. Bush, echoed that concern.

“I’m a huge fan of executive power, but if someone came up to you and said the government wants to target you and you can’t even talk about it in court to try to stop it, that’s too harsh even for me,” he said.

Having debated him before, I genuinely didn’t think it was possible for any President to concoct an assertion of executive power and secrecy that would be excessive and alarming to David Rivkin, but Barack Obama managed to do that, too.  Obama’s now asserting a power so radical — the right to kill American citizens and do so in total secrecy, beyond even the reach of the courts — that it’s ”too harsh even for” one of the most far-right War on Terror cheerleading-lawyers in the nation.  But that power is certainly not “too harsh” for the kind-hearted Constitutional Scholar we elected as President, nor for his hordes of all-justifying supporters soon to place themselves to the right of David Rivkin as they explain why this is all perfectly justified.  One other thing, as always:  vote Democrat, because the Republicans are scary!

* * * * *

The same Post article quotes a DOJ spokesman as saying that Awlaki “should surrender to American authorities and return to the United States, where he will be held accountable for his actions.”  But he’s not been charged with any crimes, let alone indicted for any.  The President has been trying to kill him for the entire year without any of that due process.  And now the President refuses even to account to an American court for those efforts to kill this American citizen on the ground that the President’s unilateral imposition of the death penalty is a “state secret.”  And, indeed, American courts — at Obama’s urging — have been upholding that sort of a “state secrecy” claim even when it comes to war crimes such as torture and rendition.  Does that sound like a political system to which any sane, rational person would “surrender”?

Marcy Wheeler has more on other aspects of the DOJ’s arguments, and I’ll have more tomorrow as well.

 

UPDATE:  As a reminder:  Obama supporters who are dutifully insisting that the President not only has the right to order American citizens killed without due process, but to do so in total secrecy, on the ground that Awlaki is a Terrorist and Traitor, are embracing those accusations without having the slightest idea whether they’re actually true.  All they know is that Obama has issued these accusations, which is good enough for them.  That’s the authoritarian mind, by definition:  if the Leader accuses a fellow citizen of something, then it’s true — no trial or any due process at all is needed and there is no need even for judicial review before the decreed sentence is meted out, even when the sentence is death. 

For those reciting the “Awlaki-is-a-traitor” mantra, there’s also the apparently irrelevant matter that Article III, Section 3 of the Constitution (the document which these same Obama supporters pretended to care about during the Bush years) provides that “No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.”  Treason is a crime that the Constitution specifically requires be proven with due process in court, not by unilateral presidential decree.  And that’s to say nothing of the fact that the same document — the Constitution — expressly forbids the deprivation of life “without due process of law.”  This one sentence from the Post article nicely summarizes the state of Obama’s civil liberties record:

The Obama administration has cited the state-secrets argument in at least three cases since taking office – in defense of Bush-era warrantless wiretapping, surveillance of an Islamic charity, and the torture and rendition of CIA prisoners.

And now, in this case, Obama uses this secrecy and immunity weapon not to shield Bush lawlessness from judicial review, but his own.

Glenn Greenwald

Follow Glenn Greenwald on Twitter: @ggreenwald.

First NATO protest targets Obama

A small rally kicks off a week of protests in Chicago and makes clear the president is a target in his city

Rahm Emanuel and President Obama (Credit: Reuters/John Gress)

In the first week of November 2008, tens of thousands of people gathered in Chicago to watch dewy-eyed as Barack Obama won the presidential election, believing, as the then-president-elect said in his victory speech, that “this time must be different.” This week, the Windy City is welcoming large crowds again — but as was made clear by a small protest action Monday — the president is not the sweetheart of these Chicago masses, which are assembling for a week of actions and protests surrounding the NATO summit.

Eight people were arrested Monday during a protest at Obama’s 2012 campaign headquarters. The rally, organized by social justice and anti-war group Catholic Workers, was the first organized demonstration — and the first instance of arrests — relating to the NATO counter-protests. It was small (just over two dozen participants assailed security and stormed the campaign headquarters and read a statement inside) but set a tone for actions later this week in asserting that the president and Democratic Party are protest targets alongside NATO generals and corporations like Boeing, who receive large government defense contracts.

For months the question has hovered over Occupy supporters, many of whom are attending NATO protests, partly organized by Occupy Chicago, from across the country: How many of them will manifest as Democratic voters come November? Will the energy that has brought hundreds of thousands into streets and parks across the country over the past half year be co-opted by the party machine? Of course, the small Catholic Workers demonstration is no indication either way. It will be interesting to watch, however, as the week of permitted and unpermitted protest actions continue in the city Obama calls home, the ways in which Mayor Rahm Emanuel and the president are willing to crack down on the dissenting crowds whose support they will ask for in November.

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Natasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com

Culture war commencements

Obama's speech at Barnard and Romney's at Liberty were a stark illustration of their ideological differences

President Obama at Barnard College and Mitt Romney at Liberty University (Credit: AP)

It’s come to this: “An incredibly boring white guy.” That was how a “Republican official familiar with the campaign officials” described the “prized pick” for Mitt Romney’s vice presidential candidate. Framed as the Romney campaign’s desire not to make John McCain’s mistakes, it distills something fundamental about this election — how it’s become a culture war in the most profound sense, one way of looking at the world diametrically opposed to the other.

This is not supposed to be the “change” election, and yet somehow we have an incumbent who, at a commencement address at Barnard just today, approvingly drew continuity from “Seneca Falls to Selma to Stonewall,” and talked about black and Latina girls seeing themselves in his administration. His challenger, meanwhile, visibly hopes same-old and presumed competence carry the day. There was so much in the 2008 election that scrambled the familiar calculus and allegiances – the young black man with the exotic upbringing against Hillary, the white boomer woman; and McCain, the only “white guy” in the picture, recruiting a guns-and-baby-toting Republican woman praising Title IX. But this week all you have to do is read Barack Obama’s speech at Barnard and Mitt Romney’s at Liberty University to see a dichotomy as stark as the one on either side of a picket line.

What mattered in Obama’s speech wasn’t the standard praise for his wife, mother or mother-in-law, or his hopes for his daughters. It was how he talked about the Constitution, of which he said, “Yes, it had its flaws — flaws that this nation has strived to perfect over time. Questions of race and gender were unresolved. No woman’s signature graced the original document.” But, he added, “What made this document special was that it provided the space — the possibility — for those who had been left out of our charter to fight their way in. It provided people the language to appeal to principles and ideals that broadened democracy’s reach. It allowed for protest, and movements, and the dissemination of new ideas that would repeatedly, decade after decade, change the world — a constant forward movement that continues to this day.”

It’s a formulation that sees the inclusion and participation of the excluded – even when the process is painful – as the consummation of the country’s ideals, not something from which it needs to be “taken back.” Contrast that with Romney at Liberty this weekend, in which he cited David Landes to declare that “Culture makes all the difference … Central to America’s rise to global leadership is our Judeo-Christian tradition, with its vision of the goodness and possibilities of every life.” There was the purposeful declaration that “marriage is a relationship between one man and one woman,” the shout-out to the anti-gay marriage Chick-fil-A founder and various clergy, the sermonizing. And crucially, there was an invocation of resentment, of persecution: “Your values will not always be the object of public admiration. In fact, the more you live by your beliefs, the more you will endure the censure of the world.” (Who’s supposed to play the politics of victimization, again?)

As for “incredibly boring white guy,” no one sentient would deny picking Palin was a mistake, but it wasn’t a mistake because she was a woman – the implication of that unnamed Republican’s comment, intended or not. It was a mistake because the McCain campaign thought demographics alone would give them the sheen of being transformative, and it blinded them to all else.

It’s not crazy to think that this time, safety and competence might appeal at a time of economic uncertainty. The Romney campaign didn’t create the supposition that a white guy is the standard, the safe and the certain, or that “diversity” is something you get one chance to try — even if they’re only too happy to exploit it. But in the end, from what can be determined from her wildly erratic public performance, Palin turned out to be a fairly conventional social conservative. (The erratic part ended up making all the difference.) This time around, Romney and his camp are manifestly uninterested in heeding what, per Newsweek’s headline today, “New Mexico’s Governor can teach the GOP.” That would be Susana Martinez, the first Latina governor, a pro-life, pro-gun Republican who differs from Palin in a crucial way: The worst thing a critic is quoted saying about her is that she’s “maintaining a competent, minimalist administration so there’s nothing to hang around her neck during the next campaign.” That sounds … incredibly boring, actually.

It’s not just being female and Latina that would set Martinez apart from the current GOP direction, though given their steady alienation of those groups, that’s not nothing. She’s chosen not to be a mother, off-message for a Republican moment that considers elaborate mother-worship an effective rejoinder to accusations of misogyny, and she has no patience for what little we know about Romney’s immigration stance (“‘Self-deport?’ What the heck does that mean?”).

But most significantly of all, she essentially dismisses the fiercest conservative dogma of the moment, calling the mantra of “lower taxes” “this five-liner of nothingness,” to Newsweek. The primary caretaker for a disabled sister, she says, “I believe in providing services to adults and children who can’t take care of themselves … Sometimes Republicans engage in number-crunching analysis that doesn’t always take the neediest into account.” It was a clear shot at the Ryan budget, an article of faith for Republicans – and a reminder that even when wrapped in social conservatism, there’s a whole other sort of radicalism at stake in this election.

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Irin Carmon

Irin Carmon is a staff writer for Salon. Follow her on Twitter at @irincarmon or email her at icarmon@salon.com.

America’s drone exceptionalism

Always the world leader, our country has pioneered terrifyingly expansive new rules for drone warfare

(Credit: Salon/Shutterstock)
This piece originally appeared on TomDispatch.

Here’s the essence of it: you can trust America’s crème de la crème, the most elevated, responsible people, no matter what weapons, what powers, you put in their hands.  No need to constantly look over their shoulders.

Placed in the hands of evildoers, those weapons and powers could create a living nightmare; controlled by the best of people, they lead to measured, thoughtful, precise decisions in which bad things are (with rare and understandable exceptions) done only to truly terrible types.  In the process, you simply couldn’t be better protected.

And in case you were wondering, there is no question who among us are the best, most lawful, moral, ethical, considerate, and judicious people: the officials of our national security state.  Trust them implicitly.  They will never give you a bum steer.

You may be paying a fortune to maintain their world — the 30,000 people hired to listen in on conversations and other communications in this country, the 230,000 employees of the Department of Homeland Security, the 854,000 people with top-secret clearances, the 4.2 million with security clearances of one sort or another, the $2 billion, one-million-square-foot data center that the National Security Agency is constructing in Utah, the gigantic $1.8 billion headquarters the National Geospatial Intelligence Agency recently built for its 16,000 employees in the Washington area — but there’s a good reason.  That’s what’s needed to make truly elevated, surgically precise decisions about life and death in the service of protecting American interests on this dangerous globe of ours.

And in case you wondered just how we know all this, we have it on the best authority: the people who are doing it — the only ones, given the obvious need for secrecy, capable of judging just how moral, elevated, and remarkable their own work is.  They deserve our congratulations, but if we’re too distracted to give it to them, they are quite capable of high-fiving themselves.

We’re talking, in particular, about the use by the Obama administration (and the Bush administration before it) of a growing armada of remotely piloted planes, a.k.a. drones, grimly labeled Predators and Reapers, to fight a nameless, almost planet-wide war (formerly known as the Global War on Terror).  Its purpose: to destroy al-Qaeda-in-wherever and all its wannabes and look-alikes, the Taliban, and anyone affiliated or associated with any of the above, or just about anyone else we believe might imminently endanger our “interests.”

In the service of this war, in the midst of a perpetual state of war and of wartime, every act committed by these leaders is, it turns out, absolutely, totally, and completely legal.  We have their say-so for that, and they have the documents to prove it, largely because the best and most elevated legal minds among them have produced that documentation in secret. (Of course, they dare not show it to the rest of us, lest lives be endangered.)

By their own account, they have, in fact, been covertly exceptional, moral, and legal for more than a decade (minus, of course, the odd black site and torture chamber) — so covertly exceptional, in fact, that they haven’t quite gotten the credit they deserve.  Now, they would like to make the latest version of their exceptional mission to the world known to the rest of us.  It is finally in our interest, it seems, to be a good deal better informed about America’s covert wars in a year in which the widely announced “covert” killing of Osama bin Laden in Pakistan is a major selling point in the president’s reelection campaign.

No one should be surprised.  There was always an “overt” lurking in the “covert” of what now passes for “covert war.”  The CIA’s global drone assassination campaign has long been a bragging point in Washington, even if it couldn’t officially be discussed directly before, say, Congress.  The covertness of our drone wars in the Pakistani tribal borderlands, Somalia, Yemen, and elsewhere really turns out to have less to do with secrecy – just about every covert drone strike is reported, sooner or later, in the media — than assuring two administrations that they could pursue their drone wars without accountability to anyone.

A Classic of Self-Congratulation

Recently, top administration officials seem to be fanning out to offer rare peeks into what’s truly on-target and exceptional about America’s drone wars. In many ways, these days, American exceptionalism is about as unexceptional as apple pie.  It has, for one thing, become the everyday language of the presidential campaign trail.  And that shouldn’t surprise us either.  After all, great powers and their leaders tend to think well of themselves.  The French had their “mission civilisatrice,” the Chinese had the “mandate of heaven,” and like all imperial powers they inevitably thought they were doing the best for themselves and others, sadly benighted, in this best of all possible worlds.

Sometimes, though, the American version of this does seem… I hate to use the word, but exceptional.  If you want to get a taste of just what this means, consider as Exhibit One a recent speech by the president’s counterterrorism “tsar,” John Brennan, at the Woodrow Wilson International Center for Scholars.  According to his own account, he was dispatched to the center by President Obama to provide greater openness when it comes to the administration’s secret drone wars, to respond to critics of the drones and their legality, and undoubtedly to put a smiley face on drone operations generally.

Ever since the Puritan minister John Winthrop first used the phrase in a sermon on shipboard on the way to North America, “a city upon a hill” has caught something of at least one American-style dream — a sense that this country’s fate was to be a blessed paragon for the rest of the world, an exception to every norm.  In the last century, it became “a shining city upon a hill” and was regularly cited in presidential addresses.

Whatever that “city,” that dream, was once imagined to be, it has undergone a largely unnoticed metamorphosis in the twenty-first century.  It has become — even in our dreams — an up-armored garrison encampment, just as Washington itself has become the heavily fortified bureaucratic heartland of a war state.  So when Brennan spoke, what he offered was a new version of American exceptionalism: the first “shining drone upon a hill” speech, which also qualifies as an instant classic of self-congratulation.

Never, according to him, has a country with such an advanced weapon system as the drone used it quite so judiciously, quite so — if not peacefully — at least with the sagacity and skill usually reserved for the gods.  American drone strikes, he assured his listeners, are “ethical and just,” “wise,” and “surgically precise” — exactly what you’d expect from a country he refers to, quoting the president, as the preeminent “standard bearer in the conduct of war.”

Those drone strikes, he assured his listeners, are based on staggeringly “rigorous standards” involving the individual identification of human targets. Even when visited on American citizens outside declared war zones, they are invariably “within the bounds of the law,” as you would expect of the preeminent “nation of laws.”

The strikes are never motivated by vengeance, always target someone known to us as the worst of the worst, and almost invariably avoid anyone who is even the most mediocre of the mediocre.  (Forget the fact that, as Greg Miller of the Washington Post reported, the CIA has recently received permission from the president to launch drone strikes in Yemen based only on the observed “patterns of suspicious behavior” of groups of unidentified individuals, as was already true in the Pakistani tribal borderlands.)

Yes, in such circumstances innocents do unfortunately die, even if unbelievably rarely — and for that we couldn’t be more regretful.  Such deaths, however, are in some sense salutary, since they lead to the most rigorous reviews and reassessments of, and so improvements in, our actions. “This too,” Brennan assured his audience, “is a reflection of our values as Americans.”

“I would note,” he added, “that these standards, for identifying a target and avoiding… the loss of lives of innocent civilians, exceed what is required as a matter of international law on a typical battlefield.  That’s another example of the high standards to which we hold ourselves.”

And that’s just a taste of the tone and substance of the speech given by the president’s leading counterterrorism expert, and in it he’s no outlier.  It catches something about an American sense of self at this moment.  Yes, Americans may be ever more down on the Afghan war, but like their leaders, they are high on drones.  In a FebruaryWashington Post/ABC News poll, 83 percent of respondents supported the administration’s use of drones.  Perhaps that’s not surprising either, since the drones are generally presented here as the coolest of machines, as well as cheap alternatives (in money and lives) to sending more armies onto the Eurasian mainland.

Predator Nation

In these last years, this country has pioneered the development of the most advanced killing machines on the planet for which the national security state has plans decades into the future.  Conceptually speaking, our leaders have also established their “right” to send these robot assassins into any airspace, no matter the local claims of national sovereignty, to take out those we define as evil or simply to protect American interests.  On this, Brennan couldn’t be clearer.  In the process, we have turned much of the rest of the planet into what can only be considered an American free-fire zone.

We have, in short, established a remarkably expansive set of drone-war rules for the global future.  Naturally, we trust ourselves with such rules, but there is a fly in the ointment, even as the droniacs see it.  Others far less sagacious, kindly, lawful, and good than we are do exist on this planet and they may soon have their own fleets of drones.  About 50 countries are today buying or developing such robotic aircraft, including Russia, China, and Iran, not to speak of Hezbollah in Lebanon.  And who knows what terror groups are looking into suicide drones?

As the Washington Post’s David Ignatius put it in a column about Brennan’s speech: “What if the Chinese deployed drones to protect their workers in southern Sudan against rebels who have killed them in past attacks? What if Iran used them against Kurdish separatists they regard as terrorists? What if Russia used them over Chechnya? What position would the United States take, and wouldn’t it be hypocritical if it opposed drone attacks by other nations that face ‘imminent’ or ‘significant’ threats?”

This is Washington’s global drone conundrum as seen from inside the Beltway.  These are the nightmarish scenarios even our leaders can imagine others producing with their own drones and our rules.  A deeply embedded sense of American exceptionalism, a powerful belief in their own special, self-evident goodness, however, conveniently blinds them to what they are doing right now.  Looking in the mirror, they are incapable of seeing a mask of death.  And yet our proudest export at present, other than Hollywood superhero films, may be a stone-cold robotic killer with a name straight out of a horror movie.

Consider this as well: those “shining drones” launched on campaigns of assassination and slaughter are increasingly the “face” that we choose to present to the world.  And yet it’s beyond us why it might not shine for others.

In reality, it’s not so hard to imagine what we increasingly look like to those others: a Predator nation.  And not just to the parents and relatives of the more than 160 children the Bureau of Investigative Journalism has documented as having died in U.S. drone strikes in Pakistan.  After all, war is now the only game in town.  Peace?  For the managers of our national security state, it’s neither a word worth mentioning, nor an imaginable condition.

In truth, our leaders should be in mourning for whatever peaceful dreams we ever had.  But mention drones and they light up.  They’re having a love affair with those machines.  They just can’t get enough of them or imagine their world or ours without them.

What they can’t see in the haze of exceptional self-congratulation is this: they are transforming the promise of America into a promise of death. And death, visited from the skies, isn’t precise. It isn’t glorious. It isn’t judicious. It certainly isn’t a shining vision.  It’s hell.  And it’s a global future for which, someday, no one will thank us.

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Tom Engelhardt, co-founder of the American Empire Project, runs the Nation Institute's TomDispatch.com. His latest book, "The United States of Fear" (Haymarket Books), has just been published.

Using Bush’s playbook

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

George W. Bush and Barack Obama (Credit: Reuters/Larry Downing)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Obama’s next moves on marriage

The president should speak out against state marriage bans and stop enforcing DOMA

President Obama (Credit: Reuters/Yuri Gripas)

President Obama’s support for same-sex marriage is a huge victory for the gay rights movement, but it’s also a qualified one. Obama said he still supports the right of states to deny couples same-sex marriage rights, but “personally,” he thinks that’s wrong. In addition to making Obama’s stance on gay rights a bit less incoherent — how much sense did it make for him to oppose both gay-marriage and the gay-marriage ban in North Carolina, which passed on Tuesday? — the president’s much-anticipated “evolution” opens the door for him to be a more fierce advocate for gay rights.

I don’t mean to downplay the importance of having the president support marriage equality. It’s a decisive blow in the culture war. For years, the National Organization for Marriage, which opposes same-sex marriage, has been able to deflect criticism by pointing out that Obama shared its views.

“Four years ago in California, Prop. 8 supporters had a flyer that they passed out saying Obama opposed same-sex marriage,” says John Lewis, legal director for Equality USA, a gay-rights group. “They used his equivocation quite effectively against us. They can’t do that anymore.”

But there are key ways in which Obama can pay this forward. A few weeks ago, the president angered many in the gay-rights community by refusing to sign an executive order banning government contractors from discriminating against gay people. In most of the country, your employer can still fire you because of your sexual orientation. The Defense of Marriage Act (DOMA) continues to prevent the federal government from recognizing same-sex marriages performed in the states, which among other things means same-sex partners who aren’t U.S. citizens face deportation. The president’s announcement yesterday, while a step forward, is hardly the end of the road.

Most immediately, say gay-rights advocates, the president should use his platform to oppose proposed bans on same-sex marriage in Minnesota, Maryland and Washington state, as well as support a ballot initiative in Maine that would grant same-sex couples marriage rights (last year, the state’s gay-marriage law was overridden by a referendum).

“I hope he speaks out on the ballot measures,” says Marc Solomon, national campaign director for Freedom to Marry. “We want the president to speak out forcefully on each of [these pieces of legislation], and I think he will.”

The president can also champion other important pieces of legislation, among them the Employment Non-Discrimination Act, which would make discrimination against gay people in employment and housing illegal, and the DOMA repeal currently struggling in the House of Representatives.

Many people also don’t realize that, while “don’t ask, don’t tell” put an end to the systematic removal of gay people from the military, it doesn’t abolish discrimination entirely. Because there are no affirmative protections in place (as there are for women and minorities in the military), gay service members can still be passed up for promotions or, hypothetically, get kicked out of the military for being gay. The difference is that now, it’s not an official policy.

“The repeal of ‘don’t ask, don’t tell’ did not affirmatively put into law protections against discrimination,” Lewis says.

In the same way Obama could sign an executive order preventing government contractors from discriminating against gay people, he could amend federal policy to protect gay and lesbian service members from discrimination.

Perhaps the most significant way the Obama administration can make things better for gay people is to stop enforcing DOMA. It has plenty of cover to do so. Last year, the Department of Justice said it would no longer defend the law against the numerous challenges it faced in court, which has already been ruled as unconstitutional by two separate federal courts. It can take a similar position when it comes to putting it in place. Earlier this year, and after a lot of legal wrangling, the administration finally allowed Karen Golinsky, a federal lawyer, to add her wife to her Blue Cross/Blue Shield health plan. But the decision was a one-off, and doesn’t allow other federal employees the same benefits. While the Obama administration would need legislative approval for other things — like recognizing same-sex couples for tax purposes — extending health benefits to all federal workers is one concrete way it can show its support for gay people.

This election, social issues will take a backseat to concerns over the economy, which might be a good thing for gay-rights supporters. It allows the president to make to make inroads on gay rights without the maelstrom of controversy that might erupt were conservatives not busy trying to put us back on the gold standard or firing federal workers. In other words, Obama has plenty of room left to evolve.

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