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In this most emotionally charged of times, I think that many of the moral issues we face are overlaid by an oft-expressed tension between the need for security and the full protections of human rights. It is always expressed as a tension, freedom as opposed to security. It is a false dichotomy but understandable, given how afraid we all are. And so we limit our sights to the need for good policy, good intelligence and strong, democratically inclined, diplomatically gifted leaders.

But I am also a lawyer, and a child of the civil rights era, which was, a bit like these times, a dangerous time, troubled by terrorizing outlaw behavior, a violent time. Yet what guided us, black and white, men and women, minority and majority, through that time was a determined appeal and, ultimately, adherence to principles of morality, justice and law. Dr. King's appeal to a transformative progressive society, to what he referred to as The Beloved Community, was of course an overtly theological argument, grounded in a love of all humanity. But it was also a metaphor, and that metaphor was grounded in a legal case, in a series of legal cases that held steadfastly to notions of fairness, equality and due process of law. The legal and political triumphs of the civil rights era remain a monument to America's best ideals.

Those times too were fraught with passion and grief. There were those who thought that Dr. King's work for racial equality was too radical, too deeply subversive, or unpatriotic. There were those who thought his opposition to American policy in Vietnam merited the response Love it or leave it. Similarly, there are those who have taken George W. Bush's oft-repeated statement--originally a warning to Iraq, as I recall--of "you're either with us or against us" and applied it broadly and inappropriately to men and women of conscience who express their concern that international conventions and norms of human rights be scrupulously applied in the battle against Al Qaeda.

Trust, don't ask, some have said. Say something positive or shut up. I worry a lot about the predominance of flat "either-or" dualisms that by their very syntax eliminate the middle ground so necessary to political debate. Love it or leave it. But Dr. King loved his country, and there was no "or" about it. He did not leave America but worked to impart a legacy that changed it and the world for the better. He appealed to a society that is committed to unity and yet vaunts individual freedom, including the freedom to dissent.

These tensions are often placed like roadblocks: security versus freedom, community versus dissent. That pervasive sense of opposition was a challenge for Americans in Dr. King's time, and it is a challenge for Americans now. And because the United States is a model others copy as well as a global force to be reckoned with, the citizens of the world are, one by one, having to resolve these tensions as well. As Dr. King said, "Civil rights"--or human rights I think he would add in today's global context--"civil rights is an eternal moral issue..."

Whatever the issue, whatever the time, we must resist a mindset that defines those who are "with us" as those who accept all policies as untouchable, all military action as automatically legitimate, all criticism as giving aid and comfort to the enemy. Otherwise we consign people who are engaged in the essence of democratic debate to the conceptual dustbin of those who are "against us." You're either on board as a team player or (according to the last few days of the New York Post alone) you're a brainless, overintellectualizing, group-thinking, anarchist, socialist, communist, stalinist, nihilistic, solipsistic, atheistic, politically correct, race-card-playing feminazi crackpot.

I sometimes wonder if we've forgotten who the enemy is.

But it is not unpatriotic to question and argue about our public policy; it's a duty of citizenship. It is not disrespectful to the Republic to ask, when our Defense Secretary says the men held in Guantánamo Bay are receiving better treatment than the Taliban ever gave their prisoners, what that means precisely. That they have not yet been beheaded? Or that the norms of the Geneva Convention and the Constitution are being rigorously observed?

I worry too about the degree to which we keep referring to these enemies as The Evil Ones or The Bad Guys--such odd terms, as though our leaders were speaking to very young children. By this, Al Qaeda is placed in an almost biblical narrative, ready to be smote and cast out. In this model, giving The Evil Ones so mundane a forum as a trial is literally "courting" the devil. While this sort of embedded language has certainly galvanized the people in a time of great crisis, I don't believe it's a useful long-term model for a democratic secular government trying to fight real political foes, particularly stateless enemies who are religious zealots in their own right. This sort of narrative obscures the adult reality that they are enemies, not viruses. They are humans, not demons. They are criminals, not satanic extraterrestrials. They may indeed be our New Age Goebbelses and Goerings, but we did not put Nazi war criminals in cages. We brought them to justice.

Given all this we will need all the thoughtful voices we can get to help our beleaguered leaders figure out a world that is growing more mobile, more diasporic, more riven by racism, xenophobia, anti-Semitism (and I mean anti-Semitism in the broad sense of prejudice against all Semitic peoples, including Jews, Arabs and some Asians), religious intolerance, economic disparity and struggles for land. Indeed, recent tensions are such that some are calling this a "clash of civilizations." This too is something we should be wary of. Organized crime syndicates--whether the Ku Klux Klan in the civil rights era or Al Qaeda now--do not a civilization make.

As we move into Black History Month, it is good to remember that Dr. King's message was far more complex than the naïve rosiness to which he's often reduced. He insisted on equal protection even for those we do not like. He insisted on due process of law even for those whom we have reason to fear. And he demanded that we respect the humanity even of those we despise.

What if we could see the Afghan dead as we've seen the September 11 victims?


JUST ANOTHER HATCHET JOB?

New York City

There is too much absurdity in the article you published about me in your Big Media issue to respond to all of it, but I'd like to set the record straight on some of the more egregious misquotes and inaccuracies [Mark Dowie, "A Teflon Correspondent," Jan. 7/14].

§ Steve Wilson did not make an "alarmed" call to my colleague Arnold Diaz, and Diaz did not say what you quote him--secondhand--as having said to Wilson.

§ Lowell Bergman was not my first producer, and had he been, he could not have kept me out of an editing room.

§ My lecture fees rarely go to the Palmer R. Chitester Fund; most go to Central Park Conservancy.

§ I earn no income from sales of my videotapes; that goes to ABC.

§ I have never said "regulation of business makes no sense whatsoever"--in fact, I praise basic environmental regulation.

§ Above all, I do not report on the benefits of free markets because I like "making real money," as Dowie simplistically speculates; I report on them because freedom has lifted more people out of poverty than government dictates ever will.

Maybe it's my fault Dowie got so much wrong, because I wouldn't cooperate with him; after reading his hatchet job on Gina Kolata, I feared he wouldn't be fair to me. He wasn't.

I won't say "cancel my subscription," because I treasure what The Nation publishes on corporate welfare and "nation building." I just hope, for the sake of your readers, that those articles are more accurate than what you published about me.

JOHN STOSSEL
ABC News


New York City?

I was more than a little disturbed to see myself quoted as criticizing my longtime friend and colleague John Stossel in Mark Dowie's article. To begin with, no one from your publication ever called me to verify the quote, which Dowie got secondhand from Steve Wilson. Second, I cannot recall ever saying those things to Wilson. Third, I do not believe them to be true.

John Stossel and I have been best friends for more than twenty-five years. I respect and admire his work. Even when I disagree with him journalistically, I find him well informed and able to defend his point of view. He is an intelligent reporter who refuses to fall into predictable patterns of thinking and responding. His is a much-needed contribution to the news product.

Your depiction of him as a man motivated by money could not be more off the mark. He is, first and foremost, a person of principle. If his work has attracted enough of a following to justify a larger than average salary, more power to him.

ARNOLD DIAZ
ABC News 20/20


Churchville, Va.

Mark Dowie's story about John Stossel's organic food critique ["Food Fight," Jan. 7/14] contained two serious factual errors and one misleading statement. First, at no time in the 20/20 segment did I make statements regarding the presence of pesticide residues on any foodstuffs tested by ABC News. Considering that this statement was the main point of contention and the subject of Stossel's subsequent correction, attributing such statements to me seriously and erroneously impugns my reputation.

Second, Dowie wrongly attributes to me statements that organic food is no more nutritious than conventional food and calls it "an unproven claim." Again, I made no such statements. It is ironic that significant errors such as these were committed in an article focused on journalistic accuracy. It was actually the spokesperson for the Organic Trade Association who twice told Stossel that organic food was only "as nutritious as any other product on the market." British authorities recently ordered the organic industry to stop claiming nutritional superiority because they have not documented it.

Tufts University nutritionist Dr. William Lockeretz, co-founder of the pro-organic American Journal of Alternative Agriculture, told an international organic conference in 1997, "I wish I could tell you that there is a clear, consistent nutritional difference between organic and conventional foods. Even better, I wish I could tell you that the difference is in favor of organic. Unfortunately, though, from my reading of the scientific literature, I do not believe such a claim can be responsibly made."

Finally, Dowie points out that the Hudson Institute gets donations from agribusiness corporations, which is true. He might also have pointed out another fact he was made aware of: For ten of the twelve years I have been a Hudson scholar, I have taken no salary from Hudson, including the period when I did the Stossel interview. (I have a full federal retirement.)

DENNIS T. AVERY, director
Global Food Issues, Hudson Institute


DOWIE REPLIES

Point Reyes Station, Calif.

John Stossel says it himself. Had he cooperated I would have known and reported that he had switched laundromats from Chitester to Central Park Conservancy and that Lowell Bergman was not his first producer (as if that matters). I had only Bergman to rely on for that item. And had ABC's imperious media flack, Jeffrey Schneider, permitted Arnold Diaz to take an interview, I would have learned, as Diaz told me after publication of my article, that he is "a very close friend of John's and admires his work." And if he had read the article carefully, Stossel would know I never said or implied that he made a cent on Stossel in the Classroom videotapes.

As for the "real money" question, those are not my words. Curious about why my subject mutated rather rapidly from a dedicated consumer reporter to a procorporate spaniel, adding at least one digit to his income in the process, I could only rely on the firsthand account of his former colleague, Steve Wilson, who recalls Stossel telling him: "I got a little older, liked the idea of making real money, so started looking at things a little differently." Neither Stossel nor Wilson contests the accuracy of that quote.

To Arnold Diaz, my apologies for the unprofessional secondhand quote. I assumed you would be called for verification or that Jeff Schneider would relent and allow me to speak with you.

By claiming that his reputation was "impugned" by the fact that he didn't say on camera that pesticide residues had not been found on food, is Dennis Avery announcing a change of heart on the subject? This will be welcome news to the Organic Trade Association.

And I didn't say that Avery drew a salary from the Hudson Institute. I said that the Center for Global Food Issues, for which he speaks, is a project of the institute, which it is.

MARK DOWIE



EKE-ING IN THE DARK...

Columbus, Ohio

Oh, how I love a Gore Vidal sarcasm attack! Where was it that a frothing William Buckley offered to hit Gore? Nobody does it better than Vidal ["Times Cries Eke! Buries Al Gore," Dec 17, 2001].

DICK WALTMIRE


Cambridge, Mass.

Eke! Why did Gore Vidal leave out the juiciest passage of all in his biting commentary on the New York Times's inept reporting of the Florida recount? Just a bit further on (after they've lost all but the most indefatigable readers), Fessenden and Broder finally admit, "If all the ballots had been reviewed under any of seven single standards, and combined with the results of an examination of overvotes, Mr. Gore would have won, by a very narrow margin.... Using the most restrictive standard--the fully punched ballot card--5,252 new votes would have been added to the Florida total, producing a net gain of 652 votes for Mr. Gore, and a 115-vote victory margin. All the other combinations likewise produced additional votes for Mr. Gore, giving him a slight margin over Mr. Bush, when at least two of the three coders agreed." Technospeak for "Gore won." Period.

KAREN HARRIS


Atlanta

Gore Vidal mentions his dismay that the hijacked election and the first appointment of a President by the Supreme Court hasn't generated the furious reaction it deserves. Well, I'm furious but don't have a clue about how to make it known. Letters to the editor of my local newspaper (the Atlanta Journal-Constitution) are heavily censored in favor of the war. My legislators in Georgia who are not Republican seem curiously muted--or are they censored also? The national media are so biased in favor of Republicans and the monster businesses that own them that I've given up watching the evening news and pick up the BBC and the London and Canadian newspapers on the Internet. How would Vidal suggest we make our displeasure known? We may be on our way to losing our democracy, as Germany did in the 1930s, and as our founding fathers continuously warned us was possible.

S. JEWELL


Port Townsend, Wash.

There are active lay shadow media that have been following the Florida and NORC cases intently since the moment Bush's first cousin called the election for him on Fox TV. One hotbed of this activity is in the Florida-related threads of the "White House" TableTalk forum on www.salon.com, much of which has been archived for permanent reference. Another more recent hotbed is the "White House" forum on www.prospect.org. There was a great deal of on-the-ground reporting from TableTalk residents in Florida that never made it anywhere near the major media outlets, as well as continual detailed analysis from Paul Lukasiak and others. The consensus of evidence and speculation from these sources is that widespread grievous Republican vote fraud took place in Florida, accounting for a net surplus of many tens of thousands of unaccountable and uncounted actual "overvotes" for Gore and another candidate. If Vidal ever decides to write a book named 2000 as a companion volume to 1876, the record of this shadow media might prove a motherlode of source material.

STEPHEN SCHUMACHER

It was a mistake--and a beaut--in Matt Bivens's piece "The Enron Box" where he confused the Houston Astros and the Texas Rangers. It is hereby duly acknowledged and regretted. But what really astonished us was the way it unleashed a slick triple play by the Right-Wing Conspirators (a Class C club that plays the Washington-New York corridor). You've heard of Tinker to Evers to Chance? Well, this was Wall Street Journal to The Weekly Standard to Fox News's Brit Hume. The WSJ caught Bivens's blooper; then The Weekly Standard grabbed amd waved it long enough to say "Nyah, nyah" before Brit (Mr. Inside) Hume gobbled up the ball and hinted darkly of cover-up (or something) on Fox News. This dazzling play illustrates how the opposing team will seize on a minor miscue and use it to clear George W. Bush of any involvement in the Enron scandal. OK, we admit the error shows we are sometimes sports-challenged; next time we'll check with a baseball expert like George Will. Lest the real issues be lost out in right field, however, we bring you a comment on Bush and baseball posted by the witty sportswriter Charles Pierce, a commentator on NPRs Only a Game and the author of Sports Guy: In Search of Corkball, Warroad Hockey, Hooters Golf, Tiger Woods, and the Big, Big Game. He posted it on Jim Romenesko's Media News (www.poynter.org):

"As to The Nation's unfortunate collision with the national pastime--the passage ought to read:

'When George Bush co-owned the Texas Rangers with a bunch of businessmen who had all the real money, construction began on The Ballpark At Arlington, after the ownership group finagled the eminent domain laws in order to swindle some property owners out of the market price for some valuable land. The property owners sued and won, but The Ballpark arose anyway, enabling Mr. Bush to cash out his original investment several times over without ever having done any actual work. This helped launch the successful portion of his political career, culminating in his becoming President of the United States, a job from which he took an evening off last spring in order to be the guest of Kenneth Lay for the opening of Enron Field in Houston. Mr. Lay was CEO of Enron and a well-known political supporter of the president who, these days, of course, would not recognize him from a box of turnips.'
"The Nation, I am sure, regrets the error."

Indeed we do.

For weeks, conservative commentators and Bush White House defenders have been huffing that the Enron matter is a corporate scandal, not a political controversy--that it is an affair of business sku

The first thing they do is cover your eyes. They make you strip to make sure you're not carrying anything. They replace your clothes with uniforms that are not clothes at all.

Members of Congress return to Washington this week. After afall in which their tenure was characterized by unprecedentedinaction, politicians who occupy positions of public trust willattempt once more to act as public servants.

Unfortunately, the track record on which Congress returnscannot inspire confidence.

Consider the dramatic failure of federal officials to doanything that might merit their $12,500-a-month salaries during thelast months of 2001. A war was launched after four hours ofcongressional debate, civil liberties were undermined with just onedissenting vote in the Senate, and billions in corporate welfarepayouts were approved while laid-off workers were denied basicprotections.

One of the major falsehoods being bandied about by apologists for the Bush Administration is that while Enron may have bankrolled much of the President's political career it got nothing for those

Welfare reform has left America dangerously undefended against hard times.

As the chairman of Artemis Records, the company that released Cornel West's CD, Sketches of My Culture, I considered criticizing Cornel for his association with Lawrence Summers, president of Harvard. Without ever listening to it, Summers attacked West merely for having released a CD, dismissing the entire universe of recorded music as being "unworthy of a Harvard professor." But like most record executives, I'm more tolerant of unorthodox associations than Summers, so I'll continue to judge West by his work and the inspiration it provides.

Among the flurry of press reports sparked by the controversy--most of which alluded to the alleged "rap CD"--quite a few couldn't get the facts straight. The New Republic claimed that West "has spent more time recording a rap CD and stumping for Al Sharpton than doing academic work." In fact, West has canceled only one class in twenty-six years of teaching, and that was several years ago, to deliver a lecture in Ethiopia. West recorded the CD during a leave--a long-established privilege in academia. (Summers himself took a leave from a professorship at Harvard to work for the World Bank.)

A Summers aide has said that the confrontation with West was a "terrible misunderstanding," but it's possible that Summers knew exactly what he was doing, using West the way Bill Clinton used Sister Souljah: to placate conservative elements of his constituency. Not only did Summers harshly criticize West's published work, he acknowledged that he had not read any of it or listened to the CD. Moreover, it's obvious that what disturbs Summers is not the notion of a Harvard professor engaging in political activity but West's particular beliefs: He criticized West's involvement with Bill Bradley, Ralph Nader and Al Sharpton, but Summers himself supported Al Gore (as did West's friend and supporter Henry Louis Gates Jr., head of the Afro-American studies department). Summers has been silent as his supporters have misrepresented West's record and called him names. Two examples: The National Review's Rod Dreher referred to West as a "clownish minstrel" and the New York Daily News's Zev Chafetz called him "a self-promoting lightweight with a militant head of hair."

West's decision to record a CD is in keeping with a commitment to spread his ideals and ideas as far and wide as possible. His book Race Matters has sold more than 350,000 copies and is one of the most influential books on race of the past couple of decades. His other works are used as texts in college classes around the world. There is no other public figure who is welcome in academia, in the media, in both conventional and activist politics and in the religious world.

By the way, Sketches of My Culture is not a "rap" CD. West, like most contemporary music critics, acknowledges that hip-hop is a vital cultural language. But Sketches itself is a concept album that is predominantly spoken word surrounded by r&b music, a montage that includes limited and focused uses of hip-hop language. Like any work of art, it's open to legitimate criticism, but it is clearly a serious attempt to use a modern art form to grapple with the themes that have animated West's career: black history, spirituality and political morality. There is not a word of profanity on it.

The indefatigable West has reached out to poor communities, moderating the crucial final panel at a recent "Rap Summit" and appearing on urban radio shows that had never been graced by the presence of an academic. I have seen the faces of young people inspired by West's linking of their own aspirations to the civil rights struggle and to the great philosophical and religious traditions. He urges them to live up to those examples. It has said something to the broader American community about Harvard that Cornel West is a professor there, and it will say something about Harvard if he is not.

A review of Tony Kushner's Homebody/Kabul.


JURY DUTY--I

New York City

A Trial by Jury, both the book and Carl T. Bogus's review ["A Verdict on the System," Dec. 10, 2001], were interesting and insightful, but I offer the following: Bogus says, "If convicted, Milcray [the defendant] could go to prison for life. They [the jurors] were not supposed to know this because under New York law the jury's only job is to determine whether the defendant is guilty of the charged offenses; it is the judge who decides the sentence" [my emphasis].

Actually, it is not the judge who decides the sentence. The legislature sets the framework, e.g., the options are at least fifteen years to life or at worst twenty-five years to life for a murder conviction, as in this case. The judge cannot deviate from that formula. However, it is the parole board that decides when, if ever, to release the prisoner. (I believe The Nation pointed this out last summer in an article about Kathy Boudin, in whose case the judge imposed a sentence of twenty years to life with a recommendation that she be released after twenty years; however, the parole board disagreed and she remains incarcerated until the parole board--not a judge--decides to release her.)

It is in drug cases that the sentencing has especially frustrated and rendered judges powerless, since only the prosecutor may permit deviation (usually minor) from the mandatory minimums, and almost always in exchange for a guilty plea. The last person to decide the sentence is the judge, regardless of what she finds the equities to be, or the individual and the facts to deserve.

EMILY JANE GOODMAN

Justice, New York State Supreme Court


Hatboro, Pa.

Carl Bogus wrote, "No one can say whether the jury made the correct decision in this case." The jury did indeed reach the "correct" verdict: Because the prosecution did not prove its case (or disprove self-defense) beyond a reasonable doubt, the proper verdict under the law, as the jury determined, was "not guilty." If Bogus meant that the "correct decision" should reflect what "truly" happened that night, the legally relevant "truth" was that the state did not meet its burden of proof.

What impressed me was that the jurors applied the law properly and managed to set aside their conjectures, hunches and suspicions. When faced with the massive power of the state, a defendant is entitled to the presumption of innocence, and when the state does not meet its heavy burden of overcoming that presumption beyond a reasonable doubt, the defendant should, as a matter of law, continue to enjoy that presumption. Sometimes we don't know the "truth" about what happened, but the rule of law requires recognizing the truth that no one should be punished as a criminal when the state doesn't prove its charges.

L. ROY ZIPRIS

Defender Association of Philadelphia



JURY DUTY--II

New York City

I thoroughly enjoyed Russell Neufeld's December 10, 2001, book review, "The Rope and the Law." As I see it, the heart of the matter concerning the correctness of Justice Potter Stewart's rationale for execution in Gregg v. Georgia (the 1976 decision that restored the death penalty) is the proper role of our due process clause. We, in the due process tradition, condemn mob-dominated trials like that of Leo Frank, where the cries for the defendant's blood by the throngs outside the courthouse were heard and felt by the jurors. If Justice Stewart was correct that to avoid vigilantism the law must do in the courtroom what the larger society outside insists on and would do for itself if the law failed to do it on it's behalf, then have we not succumbed to vigilantism right inside the courtroom? Public justice is not private justice. Is it not intolerable for the ministers of the law to ask the larger society concerning the accused, "Do you want a piece of him"? Would the judicial robe or all the pomp, dignity and wood paneling in the world mask the essence of that courtroom transaction from it's bottom-line meaning, "We have ordered that the condemned be put to death, for if we don't, the mob outside will"?

WILLIAM M. ERLBAUM

Acting Justice, New York State Supreme Court



AND HOW DO YOU FEEL ABOUT THAT?

Brooklyn, N.Y.

Memo to: Foreign Policy Therapist
From: Your Supervisor
Re: Advice to Patient, The United States of America (December 3, 2001)

Any time you offer therapeutic advice in a public forum, you run the risk of simplifying the therapeutic process and offering a one-dimensional analysis. In this case your patient has suffered a horrible tragedy, is feeling traumatized, anxious and insecure and is struggling to find a way to heal. Yet you provide no empathy nor suggest immediate, realistic things the patient can do to feel better. Instead you tell the patient his/her problem is "denial." This only furthers resistance and does not help the patient collect ego strengths to work toward positive change. Worse, instead of acknowledging that a real problem of loss and death has occurred, you say that the patient's "real problem is simply the way millions and millions of people around the world feel about you." This generality is not helpful, nor is it an accurate way to portray the problem, or any problem for that matter. Your vision of the world as operating as a "unified mechanism" is itself mechanistic and does not allow for the free play of choice.

Yes, it's important that the patient examine the part he/she plays in a hurtful relationship, but your advice sounds like blaming the victim. You refer to some vague way for the patient to change but stop short of saying what kind of change. It is as if you are skeptical that the patient even can change, which smacks of countertransference issues. This is therapy?

DAVID FORBES


FOREIGN POLICY THERAPIST REPLIES

New York City

The patient is armed and dangerous and is killing people between sessions. Compassion must be offered, and helpful suggestions for possible approaches to undeniably reasonable anxieties could be beneficial also, but in this case I felt that a sharply administered declaration of bitter truths was the best way to deal with a very volatile situation.

WALLACE SHAWN



IMPEACH THE FELONIOUS FIVE

Pomona, Calif.

Thank you for revisiting the issue of Bush v. Gore with Vincent Bugliosi ["Still Time to Impeach the Supreme Court Five," Dec. 3, 2001]. I, for one, have not forgotten that Chief Justice Rehnquist and Justices O'Connor, Kennedy, Scalia and Thomas conspired to commit one of the most egregious crimes in the history of our democracy. They turned their back on the Constitution, on the will of the people, on the federal laws granting Congress the power to resolve disputed electoral slates and on 200 years of legal precedent to appoint George W. Bush as President. They deserve no less than impeachment.

BARBARA L. HAMRICK



BLATHER AND BIAS AT TIMES, POST

New York City

In his critique of the Washington Post's hawkish Op-Ed pages ("Word Warriors," Nov. 26), Michael Massing focuses on what he dubs the "Stentorian Seven" (Will, Novak, Krauthammer, Hoagland, Kristol, Kagan and Kelly). He points out that the Post "does feature some alternative voices, like David Broder, E.J. Dionne Jr. and Michael Kinsley, but they tend to focus on domestic affairs." That Broder is considered an "alternative" says more about the bias of the Post Op-Ed pages than the blather coming from the Stentorian Seven. Broder sure wasn't offering much of an alternative on September 13 when he called for a "new realism--and steel--in America's national security policy.... For far too long, we have been queasy about responding to terrorism. Two decades ago, when those with real or imagined grievances against the United States began picking off Americans overseas on military or diplomatic assignments or on business...we delivered pinprick retaliations or none at all."

Massing writes that the Post offers "much less diversity of opinion than, say, the New York Times Op-Ed page." That's not quite what FAIR found when we surveyed the Times and Post Op-Ed pages in the three weeks following September 11. The Times ran not a single column dissenting from a military response, while the Post ran two. Not much of a choice. See FAIR's survey, "Op-Ed Echo Chamber," at www.fair.org.

STEVE RENDALL

Fairness & Accuracy In Reporting (FAIR)


MASSING REPLIES

New York City

Steve Rendall seems to equate diversity with "dissenting from a military response." Surely there are other measures, and while I have not sat down to count columns, I do think the Times is far less clogged with national security-type voices demanding that the United States invade Iraq.

MICHAEL MASSING



SHOCKED BY 'A ROYAL SCANDAL'

New York City

I was shocked to read "A Royal Scandal" by Aram Roston [Dec. 3, 2001], who received his information from Mohammed Al-Khilewi and Saad al-Fagih, both discredited persons and unreliable sources. Roston defames Saudi Arabia, an important friend, ally and economic partner of the United States. During the past thirty years, Saudi Arabia has developed into a major modern state. There is no country in Europe or the Americas that has accomplished as much progress so rapidly during this period.

Saudi Arabia bought the most sophisticated US weapons, and its armed forces and national guard have attained the highest professional standard in the entire region. Prince Sultan, the defense minister, and Prince Abdullah, the crown prince, built up the armed forces and national guard and made Saudi Arabia a very strong state that can defend itself against any enemy. Its armed forces played a very important role against Saddam Hussein in 1990.

Prince Sultan also formed the Prince Sultan Charitable Foundation, which built hospitals and other charitable projects all over the country. He was a great friend and associate of King Faisal, and they both were against any kind of corruption. Prince Sultan is loved and respected by all Saudi citizens and by many foreign states, including the United States.

ISSA NAKHLEH

Concerned about potential taint from the metastasizing Enron scandal, George W. Bush met with reporters recently to distance himself from Enron's chairman, Ken Lay (nicknamed "Kenny Boy" by W. before the scandal). It is testament to how indelible that taint may become that Bush found it necessary to lie about his friend. He claimed that Lay supported Ann Richards in 1994 when Bush ran for governor of Texas and that he only got to know him later. In fact, Lay was a leading contributor to Papa Bush's re-election run in 1992, and by his own account was "very close to George W." Enron's PAC and executives pumped $146,500 into W.'s 1994 race (while Richards received all of $12,500 from Enron sources). Bush "was in bed with Enron before he ever held a political office," reports Craig McDonald, director of Texans for Public Justice.

W. has good reasons for trying to minimize his relationship with Lay and Enron in the dying days of his father's presidency. After Clinton's 1992 victory, Enron pushed hard to exempt its energy futures contracts from regulatory oversight before the new Administration took office. The lame-duck chairwoman of Bush's Commodity Futures Trading Commission, Wendy Gramm, wife of Texas Republican Senator Phil Gramm, brought the exemption to a final vote on January 14, 1993, six days before Clinton took office. Enron, a leading contributor to Phil Gramm's campaign coffers, then named Wendy Gramm to its board of directors, where she pocketed about $1 million in payments and stock benefits over the next nine years. She served on the company's audit committee and helpfully turned a blind eye to the shady private partnerships Enron set up off the books to hide debt and mislead investors. In 2000, as the Supreme Court was naming Bush President, Senator Phil Gramm slipped a bill exempting energy trading from regulation into Clinton's omnibus appropriations act, avoiding hearings, floor debate and notice. Enron was all set to operate in the dark.

What is the Enron saga about? Enron's bankruptcy, the largest in history, exposes the decay of corporate accountability in the new Gilded Age. No-account accountants, see-no-evil stock analysts, subservient "independent" board members, gelded regulators, purchased politicians--every supposed check on executive plunder and piracy has been shredded. Enron transformed itself from a gas pipeline company to an unregulated financial investment house willing and able to buy and sell anything--energy futures, weather changes, bandwidth, state legislatures, regulators, senators, even Presidents.

It is Enron's rise that lays bare the hypocrisy of modern conservatives--call them Enron conservatives. Enron conservatives fly the flag of free markets but actually use political and financial clout to free themselves from accountability, rig the market and then use their position to ravage consumers, investors and employees. These are not the small-is-beautiful compassionate conservatives George Bush advertised in the election campaign, or the tory conservatives who protect flag, family and honor. Enron conservatives make the rules to benefit themselves. "They have clout and the ability to get the rules written their way," said Stephen Naeve, chief financial officer for Houston Industries, Inc. about Enron in 1997. "They play with sharp elbows."

Ken Lay learned about regulation while working at the Federal Energy Regulatory Commission (FERC). After he created Enron, he lavished millions on lobbyists and campaign contributions to free Enron from regulation and to push energy deregulation. His lobbyist stable has included James Baker, Bush I's Secretary of State; Jack Quinn and Mack McLarty of the Clinton White House; and Marc Racicot, current head of the Republican Party.

Enron's lobbyists played a large role in California deregulation--setting the state up for a hit. Most experts believe that Enron, controlling about a quarter of wholesale trading in electricity with no regulatory oversight, was central to the market gaming that led to last year's "energy crisis," which cost Californians about $50 billion. For six months Pat Wood, Enron's handpicked head of FERC, refused to impose price controls. The White House, led by economic adviser Lawrence Lindsey, a former Enron consultant, ridiculed the very notion. In those six months, Public Citizen reports, Enron posted increased revenues of nearly $70 billion. When the price controls were finally enacted, the "crisis" disappeared. Spencer Abraham, Bush's clueless Energy Secretary, now informs us that this is a triumph of deregulation.

Enron conservatives prefer plunder to production. Enron's twenty-nine top executives cashed in a staggering $1.1 billion in stock in the three years before the firm went belly up. Small investors got soaked, and faithful employees got stiffed. In August, after Lay and CEO Jeffrey Skilling had cashed in more than $160 million in Enron stock, Skilling abruptly resigned. Lay personally e-mailed his employees to assure them that "our growth has never been more certain." Enron then maneuvered to ban its employees from selling the Enron stock in their retirement accounts as its value plummeted, leaving thousands stripped of their life savings.

Enron conservatives aren't limited to the Houston boardrooms. Enron conservatives in the Administration pushed through the $15 billion airlines bailout that included zero for workers. Enron conservatives in the House passed the "stimulus" package that featured tax cuts for corporations and the wealthy while scorning unemployment insurance and healthcare assistance for those losing their jobs. Enron itself was slated to receive $254 million from retroactive repeal of the minimum corporate tax. Enron conservatives in Congress passed the President's tax cut, which showered almost half its benefits on the wealthiest 1 percent. And they even repealed the estate tax, insuring that Lay and his fellow executives could pass along their ill-gotten gains intact to their heirs.

Enron conservatives aren't all Republicans. Enron's deregulation plans, and its contributions, were popular with the Clinton White House. Enron gave $10,000 to the New Democrat Network, the money wing of the Democratic Party. With his employer, Citigroup, owed at least $750 million by Enron, Clinton Treasury Secretary Robert Rubin didn't hesitate to call Treasury to suggest it intervene to forestall the downgrading of Enron's credit rating.

But the leading Enron conservative is W. himself. After all, Bush made his own fortune with inside connections while other investors in his company were getting soaked. Lay and Enron were Bush's leading supporters, contributing $113,800 directly to his campaign and another $888,265 to the Republican National Committee, an arm of the campaign, according to the Center for Responsive Politics. Bush repaid Lay and other "Pioneers"--those who raised $100,000 or more for his campaign--with his shameful tax plan. He continues to push for a stimulus plan that benefits corporations over workers. He is pressing Congress to pass the Enron energy plan, which features massive subsidies to energy companies and further deregulation. And while the White House has begrudgingly admitted to six meetings between Enron representatives and the Cheney energy task force, it continues to stonewall efforts by the General Accounting Office to find out who met with Cheney to draw up the plan.

Public Citizen reports that Enron set up a staggering 2,832 subsidiaries, with almost a third located in the Cayman Islands and other tax havens. On taking office, the Bush Administration announced that it was abandoning Clinton efforts for a multilateral crackdown on these havens, saying, in Treasury Secretary O'Neill's words, that the Administration will not "interfere with the internal tax policy decisions of sovereign nations."

The Administration crows that there is no smoking gun vis-à-vis Enron. We'll see. But the real scandal is not what was done illegally but what was done under cover of law. Enron conservatives don't violate the rules; they change the rules to suit themselves.

As Bush was distancing himself from his old friend Kenny Boy, one of the President's first regulatory acts in office went into final effect: the repeal of the Clinton rules that allowed the government to deny contracts to companies that are repeat violators of workplace safety, labor, environmental and other federal laws. Enron conservatives don't see why corporate lawlessness should get in the way of federal largesse. After all, in this Administration Enron's rise and fall are seen, in the words of Treasury Secretary O'Neill, as a "triumph of capitalism."

When George W. Bush was first running for governor of Texas, Washington editor David Corn took a look at Bush family activities on behalf of Enron in Argentina--itself now suffering the results of untamed financial markets. We reprint this November 21, 1994, article to show how Enron's connections with the Bushes stretch not just to Washington but around the world.
         --The Editors

Several years ago, says Rodolfo Terragno, a former Argentine Cabinet Minister, he received a telephone call from George W. Bush, son of the then-Vice President. When he hung up, Terragno was annoyed, he recalls, for the younger Bush had tried to exploit his family name to pressure Terragno to award a contract worth hundreds of millions of dollars to Enron, an American firm close to the Bush clan.

During this past year, as George W. campaigned across Texas to replace Governor Ann Richards, he portrayed himself as a successful businessman who relied on "individual initiative," not his lineage. Contacted in Buenos Aires, Terragno, now a member of the Chamber of Deputies, offered an account that challenges Bush's campaign image.

In 1988, Terragno was the Minister of Public Works and Services in the government of President Raúl Alfonsín. He oversaw large industrial projects, and his government was considering construction of a pipeline to stretch across Argentina and transport natural gas to Chile. Several US firms were interested, including the Houston-based Enron, the largest natural gas pipeline company in the United States. But Terragno was upset with the corporation's representatives in Argentina. They were pressing Terragno for a deal in which the state-owned gas company would sell Enron natural gas at an extremely low price, and, he recalls, they pitched their project with a half-page proposal--one so insubstantial that Terragno couldn't take it seriously. Terragno let the Enron agents know he was not happy with them.

It was then, Terragno says, that he received the unexpected call from George W. Bush, who introduced himself as the son of the Vice President. (The elder Bush was then campaigning for the presidency.) George W., Terragno maintains, told the minister that he was keen to have Argentina proceed with the pipeline, especially if it signed Enron for the deal. "He tried to exert some influence to get that project for Enron," Terragno asserts. "He assumed that the fact he was the son of the [future] President would exert influence.... I felt pressured. It was not proper for him to make that kind of call."

George W. did not detail his relationship with the pipeline project or with Enron, according to Terragno. The Argentine did not know that Enron and the Bush set are cozy. President Bush is an old friend of Kenneth Lay, Enron head for the past ten years and a major fundraiser for President Bush. After the 1992 election left Secretary of State (and Bush pal) James Baker jobless, he signed as a consultant for Enron. An article by Seymour Hersh in The New Yorker last year disclosed that Neil Bush, another presidential son (the one cited by federal regulators for conflict-of-interest violations regarding a failed savings and loan), had attempted to do business with Enron in Kuwait. The Enron company and the family of its top officers have donated at least $100,000 to George W. Bush's gubernatorial campaign.

Shortly after Terragno's conversation with George W., more Bush-related pressure descended on him, the former minister claims. Terragno says he was paid a visit by the US Ambassador to Argentina, Theodore Gildred. A wealthy California developer appointed ambassador by President Reagan, Gildred was always pushing Terragno to do business with US companies. This occasion, Terragno notes, was slightly different, for Gildred cited George W. Bush's support for the Enron project as one reason Terragno should back it. "It was a subtle, vague message," Terragno says, "that [doing what George W. Bush wanted] could help us with our relationship to the United States."

Terragno did not OK the project, and the Alfonsín administration came to an end in 1989. Enron was luckier with the next one. The pipeline was approved by the administration of President Carlos Saúl Menem, leader of the Peronist Party and a friend of President Bush. (The day after Menem was inaugurated, Neil Bush played a highly publicized game of tennis in Buenos Aires with Menem.) Argentine legislators complained that Menem cleared the pipeline project for development before economic feasibility studies were prepared.

Replying to a list of questions from The Nation asking whether George W. Bush spoke to Terragno about the pipeline project and whether he had any business relationship with Enron, Bush's gubernatorial campaign issued a terse statement: "The answer to your questions are no and none. Your questions are apparently addressed to the wrong person." This blanket denial covered one question that inquired if George W. Bush had ever discussed any oil or natural gas projects with any Argentine official. George W.'s response on this point is contradicted by a 1989 article in the Argentine newspaper La Nacion that reported he met that year with Terragno to discuss oil investments. (The newspaper noted that this meeting took place in Argentina, but Terragno says he saw Bush in Texas.)

Theodore Gildred, a private developer again, is traveling in Argentina; his office says he is unavailable. An Enron spokesperson comments, "Enron has not had any business dealings with George W. Bush, and we don't have any knowledge that he was involved in a pipeline project in Argentina."

In late August, several members of the Chamber of Deputies--Terragno not among them--submitted a request for information, calling on President Menem to answer dozens of questions about the business activities of the Bush family in Argentina. (In 1987, Neil Bush created a subsidiary of his oil company to conduct business there. In early August, a Buenos Aires newspaper reported that on a forthcoming trip to Argentina the former President would lobby the Menem government to allow a US company to build a casino there. The onetime President said this was not true.) One of the deputies' queries was, Does Menem know whether George W. Bush attempted to capitalize in Argentina on his father's position? So far Menem has not responded.

As Congress revisits the welfare debate, it's time to look at what the law has wrought.

Moe Foner, labor activist and member of a well-known left-wing family, who died January 10 at the age of 86, will be remembered with fondness and respect by Nation readers. From an immigrant Jewish family--his father delivered seltzer water, carrying it up New York tenement stairs--Foner was instrumental in building the hospital workers union, 1199, in New York City, and Bread and Roses, a program of art and culture for workers. Bridging the divide between culture and progressive politics, he brought his union to the frontlines wherever there was a battle to be fought. He and his brothers provided comfort, help and troops to The Nation and to progressive causes, helping to maintain the magazine's ties with labor and putting writers and benefactors in touch with us. For years he was a valued board member of the Nation Institute.

Foner often let others take credit, but with his names and telephone numbers he was the man to call--and take a call from. He was a champion of civil rights and civil liberties and an early and strong opponent of the Vietnam War when that was rare among labor. He was also a man of courage, and in his last years valiantly fought the illness that would kill him. He had, as his friend actor Ossie Davis said at a memorial service, the qualities of the best labor leaders and of the best leaders of the struggle--far from complete--to make America a better place.

The rise and fall of the house of Enron should trigger comprehensive investigations--civil, criminal and Congressional. The full scope of relations between Enron and its cronies in the Bush Administration must be dragged out into the sunlight. Miscreants should be prosecuted, and fundamental reforms enacted to bring corporations back to public accountability.

Desperately trying to put a lid on the cascading scandals, White House spokesmen have insisted that since Bush officials did nothing when Enron chairman Ken Lay warned them about its impending collapse, there is no political scandal, only a financial one. Don't fall for that.

The largest scandal, as Robert Borosage suggests on page 4, is not just what was done illegally but what was done legally--for example, the failure of Bush Cabinet members to warn small investors and employees that Enron was going down and that its executives were bailing out. Or the slick way Enron gouged billions from Western energy consumers while its planted head of the Federal Energy Regulatory Commission, Pat Wood, ignored the pleas of Western governors for price controls. Or Treasury Secretary Paul O'Neill's torpedoing of the Clinton Administration's attempt to regulate offshore tax havens, a direct benefit to Enron, among others. Or Enron officials' six meetings with Vice President Cheney to help shape Bush's energy plan. What is Cheney hiding by refusing to reveal the names of those FERC met with?

Clearly, the full range of Administration contacts with Enron should be probed. This will reveal how crony capitalism works and what must be done to curb it. Congress must begin the hard task of rebuilding the legal framework for corporate accountability. As William Greider writes on page 11, Enron's demise reveals that all the supposed checks on executive plunder--accountants, stock analysts, independent board members, regulatory agencies--were either short-circuited or inactive. We need bold reform now. And Congress should take a close look at pensions, boosting defined-benefit plans and returning 401(k) plans to the supplement they were intended to be. And of course Enron once again illustrates the corrosive corruption of big-money politics.

With the House and the White House in Republican hands, Democrats in the Senate, sadly, will have to take the lead in ferreting out the facts and defining the necessary reforms. "Sadly" because too many Senate Democrats mirror Republicans in pocketing corporate bucks and parroting the deregulation/privatization line that comes with them. The chairman of the Governmental Affairs Committee, Joseph Lieberman, was leader of the corporate-funded Democratic Leadership Council and a founder of New Democrat Network, the proud recipient of Enron contributions. Last year Lieberman blew off the probe of Enron's connections to the California energy crisis. He now has another chance to show if he stands with his voters or his contributors.

Enron's bankruptcy is the largest in US history, but it is not unique. It is a product of the conservative offensive to unfetter corporations by dismantling hard-won public protections. Given that freedom, Enron's executives--and their brethren--gouged consumers, fleeced investors, even betrayed their own employees. It's time for Congress and the people to put an end to Enronomics and call corporate marauders to account.

There are more Enrons out there; the rot is systemic.

One of the old school of the British colonial service, a man with the irresistible name of Sir Penderel Moon, wrote a book about the end of empire and titled it Divide and Quit. At whose expense was this extremely dry joke? Look around the global scene today, and you will find the landscape pitted with the shards of that very policy.

With the "family cap," the state says to welfare moms: no more babies!

*

Zero built a nest
In my navel. Incurable
Longing. Blood too--

From violent actions
It's a nest belonging to one
But zero uses it
And its pleasure is its own.

         
(from The Quietist)

*

The limits have wintered me
as if white trees were there to be written on.

It must be purgatory
there are so many letters and things.

Faith, hope and charity rise in the night
like the stations of an accountant.

And I remember my office, sufficiency.

         
(from O'Clock)

*

The stains of blackberries near Marx's grave
do to color what eyes do to everything.
Help me survive my own presence, open to the elements.

Fog mist palloring greens, no demarcations,
but communitarian gravestones.

Celts lost to Anglo Saxons who endlessly defended marks.
Guerrilla war, terror:
the tactics for landless neo-realists.

         
(from O'Clock)

When The Majestic was about to be released--it's the movie, you will recall, in which Jim Carrey plays a blacklisted screenwriter who suffers from amnesia--someone asked me to tote up the other films that touch on the Hollywood inquisition. I eliminated the allegories, such as Johnny Guitar, and the pictures that deal with other branches of show business (the music industry in Sweet Smell of Success, television in A King in New York and The Front) and calculated that all of two features--The Way We Were and Guilty by Suspicion--pay attention to the blacklist.

The number is also two with The Majestic included.

Talk about suffering from amnesia! Of course the movie industry feigned ignorance when the witch hunt was on--among its other unmentionable traits, the blacklist was illegal--and you can see how a certain forgetfulness was convenient afterward. But as Hollywood moved into the 1970s and '80s, with new corporate masters taking over the studios and old decision-makers dying off, the subject of the blacklist might have seemed ripe for exploiting. The industry has always loved to dramatize itself; and here, lying unexplored, was an episode that had convulsed all of Hollywood, and much of America with it.

Two films--if you feel generous toward Carrey, three. But now the count has risen significantly with One of the Hollywood Ten, the most honest movie of its very small group and arguably the best. It is not, however, an American picture. To our shame, it has taken a Welsh writer-director, Karl Francis, and producers based in Britain and Spain to film the true story of a blacklisted couple, Herbert Biberman and Gale Sondergaard, and their making of that remarkable movie, Salt of the Earth.

Since even Nation readers might be unaware of these events--and since truthfulness is a large part of Francis's merit--here's a quick synopsis:

Biberman was called before HUAC in 1947, among the committee's first group of unfriendly witnesses. Until that time his work as a writer and director had been so sparse, and so lackluster, that no one could have rationally accused him of transmitting ideology through the movies. That he had an ideology was unquestionable; Biberman was a committed Communist. But his greatest distinction was his marriage to Sondergaard, a hard-working, Oscar-winning actress.

Citing his First Amendment rights, Biberman refused to testify before HUAC, whereupon he was charged with contempt of Congress and sent to prison. When Sondergaard insisted on standing by him, she too was blacklisted. She found herself, upon his release, running a household of the dual unemployed.

It was at this point that their friends and fellow blacklistees Michael Wilson and Paul Jarrico came up with the idea of making an independent film about a labor uprising in New Mexico. The members of Local 890 of the Mine-Mill Workers, most of them Mexican-American, had gone on strike against Empire Zinc, demanding the same pay and conditions as Anglo workers received. The company's response was to get an injunction against the union, forbidding the miners from picketing. But the injunction said nothing about the miners' wives. In a brave and ingenious improvisation, the women came forward to walk the line, and did it so effectively that Empire Zinc finally settled.

Wilson turned this episode into the screenplay for Salt of the Earth. Jarrico took on the producer's duties, and Biberman signed on as director. Sondergaard had expected to play the lead--she was the cooperative's only bankable property--but at Biberman's request she stepped aside in favor of a Mexican actress, Rosaura Revueltas. Most of the other parts, including the male lead, were also cast with an eye for authenticity (and budgetary restraint), with the people of Local 890 playing themselves.

I said that One of the Hollywood Ten is a rare movie. Salt of the Earth is unique. It would have stood alone in its era just for having been made by movie industry veterans, but shot on location and acted by a largely nonprofessional cast. But, even more extraordinary, Salt of the Earth was a story about the problems of Mexican-American workers, as told by a Mexican-American woman. You'd have trouble finding such a movie today, when independent filmmaking is well established in America. Salt of the Earth was released in 1954.

Of course, neither unique nor pioneering is a synonym for good. And though the filmmakers faced extraordinary hardships, those, too, must remain external to any judgment of Salt of the Earth. The government deported Rosaura Revueltas in the midst of production, discouraged labs from processing the film, accused the crew of wanting to spy on atomic secrets at Los Alamos, kept theaters from booking the completed Salt of the Earth and warned projectionists away from showing it. This was an impressive show of force to mount against one little movie; but the harassment, in itself, doesn't justify what you see on the screen.

Biberman and his many collaborators justified Salt of the Earth. They managed to imbue the film with the feelings of a living community: at house parties and on picket lines, in the saloon and the church. Scenes percolate with the natural interplay of friends and neighbors, giving rise to a barely suppressed boisterousness. (The ruckus breaks into the open after the women are arrested for picketing. They mount a protest in their cell, with undisguised glee.) The ease of the group interaction makes up for the occasional awkwardness in individual performances--an awkwardness that at any rate has its own charm. And no excuses are needed for Revueltas, with her finely nuanced movements toward self-assertion; for the pace of the film, which keeps building and building; or for Biberman's eye, which seems to have been delighted with every face, landscape feature and stick of furniture in New Mexico.

To the eyes of present-day viewers, who may be accustomed to strains of neorealism developed everywhere from Italy to Iran, Salt of the Earth looks surprisingly good. It is not a based-on-a-true-story movie but something more valuable: the chief American prototype for those films that are simultaneously fiction and documentary. As for the virtue of its uniqueness: Doesn't a special honor accrue to the one film to have done something that was well worth doing?

I believe One of the Hollywood Ten has earned a similar distinction--though its internal, cinematic merits are entirely different. That's as it should be. The two films take entirely different approaches to their medium.

Biberman and his partners made a movie that barely acknowledges the existence of the entertainment business; the only evidence of pop culture in Salt of the Earth is a radio, bought on the installment plan. One of the Hollywood Ten, by contrast, reminds you at every turn that you're watching a movie, and that movies are (among other things) a business and a site of ideological contest. Francis opens his film with a prologue set in 1937, in which he tosses up two opposing forms of movie politics: the opening in New York City of Triumph of the Will, and the announcement by Gale Sondergaard (in the midst of the Academy Awards broadcast) of the formation of the Hollywood Anti-Nazi League. Once Francis jumps into 1947, he continues this theme, showing the HUAC hearings as newsreel fodder (which they were). Everybody in One of the Hollywood Ten is playing for the camera and the microphone.

It's fitting, then, that Francis's movie should feature three star performances. The biggest of them is Jeff Goldblum's, as Biberman. Much of the usual Goldblum shtick is in evidence: the talking with dark eyes unfocused, the bursting forth of little phrases after unpredictable, Miles Davis pauses. But, also as usual, Goldblum feels his way deep into the character. He shows us Biberman as a chronic empathizer, someone who's always draping his big hands reassuringly over anyone he talks to. The voice is low, patient, thoughtful; and then, when Biberman doesn't get his way, he jumps without transition to a full bellow.

Greta Scacchi, as Gale Sondergaard, makes good use of a certain brittleness in her screen personality. Here she's playing a Hollywood star of the old school--a woman with perfectly groomed vowels, who keeps her well-powdered face turned toward the key light in any room--which allows her to find authentic feeling, even gutsiness, within her pose. But the movie's biggest star turn, the one that steals One of the Hollywood Ten, is Angela Molina's performance as Rosaura Revueltas. Molina looks older than Revueltas did in Salt of the Earth; whereas Revueltas had smooth, freckled features, Molina's face is lined and sunken. When Molina begins to play Esperanza, the central character in Salt of the Earth, her eyes take on the outsize look of hunger. And the voice! Molina puts a weariness, and a wariness, all her own into Esperanza's lines, using intonations that cut into your bones.

One of the Hollywood Ten thrives on these performances, and on Francis's fascination with movies themselves--how they're made, how they work on their audiences. (In one of the picture's truest moments, Biberman bubbles over with enthusiasm at his own cleverness, talking about the best way to shoot and edit Salt of the Earth.) Where the movie strays from these strengths, it also falters. Among its several glaring faults, One of the Hollywood Ten gives us an FBI agent who is so monotonally nasty that he seems to have strayed in from a bus-and-truck tour of Les Miz, and a Gale Sondergaard who is indomitably firm, except when she's not. When her husband tells her she won't play the lead in Salt of the Earth--her husband, who wouldn't have gotten to direct the picture without her intervention--she needs only a brief walk on the beach to calm her down. And, of course, there's music on the beach. There's music everywhere in One of the Hollywood Ten, poured out of a can of creamed corn.

This is merely to say that no one has yet made a masterpiece about the Hollywood blacklist. Karl Francis has made a good, intelligent movie about the subject, and a largely truthful one. Let's see somebody try to top him.

One of the Hollywood Ten has just been shown in the New York Jewish Film Festival, presented by The Jewish Museum and the Film Society of Lincoln Center.

The Lenore Marshall Poetry Prize of $10,000, awarded annually for the most outstanding book of poems published in the United States by an American, is administered mutually by the Academy of American Poets and The Nation. In the past decade, winners have been David Ferry (2000), Wanda Coleman (1999), Mark Jarman (1998), Robert Pinsky (1997), Charles Wright (1996), Marilyn Hacker (1995), W.S. Merwin (1994), Thom Gunn (1993), Adrienne Rich (1992), John Haines (1991) and Michael Ryan (1990). This year the award goes to Fanny Howe for her Selected Poems. Jurors were Elaine Equi, Bob Perelman and Ann Lauterbach, who contributed the following essay. Other finalists for the award were Your Name Here, by John Ashbery (Farrar, Straus & Giroux); Republics of Reality 1975-1995, by Charles Bernstein (Sun & Moon); Atmosphere Conditions, by Ed Roberson (Sun & Moon); Plasticville, by David Trinidad (Turtle Point); and The Annotated 'Here' and Selected Poems, by Marjorie Welish (Coffee House).

In the days and weeks following the events of September 11, one poet, one poem by one poet, seemed to come into circulation: W.H. Auden's searing "September 1st, 1939." Set in New York, the poem's narrator, chastened by events into chill eloquence, speaks in slow rhymes, as formally reassuring as they are devastating in content. Like other Modernists, Auden cultivated a poetics of narrative statement that gave public voice to private perception. It is a voice that turned the unruly emotions of sorrow, fear and rage into ideas of order. But just as hot war tactics and cold war rhetoric feel outdated and dangerous in our terrible new world, the pacifying sonorities of Auden seem strangely out of tune.

On the evening of September 10, my colleagues and co-judges, Elaine Equi and Bob Perelman, and I met at my loft on Duane Street in TriBeCa to converse about our choices for finalists for the Lenore Marshall Prize. Over the summer, we had each read more than 200 books, some, but by no means all, of the collections of poetry published in 2000. These books were written by poets of national stature and poets of only local repute; they included hefty life-works and first slim volumes. It was a daunting task, by turns exhilarating and infuriating. To choose from among them the "most outstanding" tested not only our individual judgments but our shared belief in a poetics responsive to the contemporary moment.

The six finalists, John Ashbery, Charles Bernstein, Fanny Howe, Ed Roberson, David Trinidad and Marjorie Welish, are remarkable writers. Together, they have contributed immeasurably to contemporary poetry in America: expanding formal range, resisting reductive subjectivity and its narrative claims, attending to the exigencies of both language and world. To chose one from among them seems arbitrary, but there is only one prize to give. We have awarded the Lenore Marshall Prize for the most outstanding book of 2000 to Fanny Howe for her Selected Poems.

Fanny Howe is the author of more than twenty books (poetry and fiction) published by some of the most adventurous and enduring small presses in America. This beautifully designed and produced book is the third in a series called New California Poetry from the University of California Press, edited by Robert Hass, Calvin Bedient and Brenda Hillman. Until recently, Howe was professor of American writing and American literature at the University of California, San Diego. She has now retired to her native New England.

Howe works in sequences of poems made of minimally punctuated short lines. The individual poems are untitled. This notational, almost diaristic format gives the impression of a seamless intimacy and urgency, as if the reader were present at the act of writing. A spare tonality moves against the density and complexity of her vision, where a classical lyric voice is annealed to a spiritual quest buffeted and embattled by resisting political and social realities. This tension is what gives the poems their power.

Small birds puff their chests and feathers
With the pleasure that they know better
High morning clouds unload themselves
On the world. Blue peeps through
Sunny boys have spacious souls but killers
Build war zones in the sky where they go to die
Blue poems. Blue ozone. A V-sign
Sails into the elements: an old ship
Named Obsolete though Lovely is easier to see
Now visualize heaven as everything around it

         (from Introduction to the World)

Howe's diction is not conventionally poetic, not dressed up, not avuncular, not pretty. It is peculiar, compelling and provocative, with moments of absolute clarity adjacent to moments of mere glimpse. This quixotic, pulsating quality lends a sensuous mystery and scale to the landscape of her work, as if the lines were emanating from a lighthouse whose signal is intensely bright one moment and scanning the horizon at the next. There is an asymmetrical oddness and frailty to her cadence that contributes to the dissonance between private and public event:

If goals create content stealth creates form

The air force hits space
with the velocity of a satanic wrist

How to give birth to children under these conditions
Favor the ghost over the father, maternalist

         (from Q)

Howe stitches into a single poem materials from diverse, often divergent, experience. Affective language is laid beside statement but is not subsumed by it. The voice is personal, but there are no invitations here to bear witness to the concrete details of a life; or rather, that life's details are drawn through the poem as a thread in a variegated fabric. In a world strewn with bare facts, Howe's reflective meditative lines are consoling, not for their content, which is as charged with pessimism as Auden's, but because they invite us, or remind us, to attend. The poems act on us like pilot lights, igniting the receptive synapse of language. Like all true poetry, her work is difficult to excerpt, impossible to paraphrase. Howe is compelled by the distinction between, and proximity of, History and story; her work brings us to the threshold of accountability.

Laughter--or slaughter--outside the door
And inside she was dying
To join in. So she had to go out
--a physical body

With subjective needs
Wing with the post-Christians. Her brow a headline
Reporting news of weather & mood

From masters of the military & amorous arts
Hide in her little close
Off the runway, or step into their story

          (from The Quietist)

On the dust jacket, one person compares Fanny Howe to Emily Dickinson, a comparison all too easily invoked for writings by women. But in this case, there is justification. Like Dickinson, Fanny Howe animates her work with an austere logic, in which aspects of a unique response, spiritual, emotional and intellectual, are held in an uneasy, necessary relation. She makes demands on her readers. If those demands are met, the rewards are as inestimable as they are real.

On December 10, Marc Herold, a professor of economics at the University of New Hampshire, released a report about civilian casualties in Afghanistan. Relying on news accounts from India, Pakistan and Europe, the study put the number of civilian deaths from US air raids at 3,767. Such a high toll, the report stated, resulted directly from the Pentagon's tactics: the decision to rely on high-altitude air power, the targeting of infrastructure in urban areas and the repeated attacks on heavily populated towns and villages. The report, Herold asserts, documents "how Afghanistan has been subjected to a barbarous air bombardment which has killed an average of 62 civilians per day" since the war began on October 7.

Herold's report has received wide coverage in Europe. An article in the London Times stated that while conservative estimates put the total figure of civilian deaths at around 1,000, "it may be considerably higher. One recent unofficial report by an American academic said that the death toll among civilians could be closer to 4,000." Using Herold's figures, some writers have asserted that more civilians have died in Afghanistan than did in the September 11 attacks, a development, they said, that undermines US claims to be fighting a just war.

In the United States, by contrast, the Herold report has received scant attention. The network newscasts, the newsweeklies and most top dailies have largely ignored it. More generally, they've had little to say about civilian casualties in Afghanistan. The New York Times, which in its "Portraits of Grief" has so carefully memorialized the lives of the victims of the attacks on the World Trade Center, has run little about the innocents who have perished in Afghanistan. Rather, it has applauded the Pentagon's performance in the war. In a front-page article headlined, "Use of pinpoint air power comes of age in new war" Eric Schmitt and James Dao wrote that the conflict in Afghanistan "will be remembered as the smart-bomb war." As they explained it, "Satellites, electronic-eavesdropping planes and human ground spotters worked together more reliably than ever, enabling distant commanders to direct warplanes to targets with stunning speed and accuracy." The "relatively small number of civilian casualties" that resulted, they stated, "helped the United States maintain the support of friendly Islamic nations."

Such an analysis closely follows the Pentagon line. When asked about reports of civilian casualties, Donald Rumsfeld has vigorously denied them. "I can't imagine there's been a conflict in history where there has been less collateral damage, less unintended consequences," he has said.

The US air raids do seem to have been remarkably accurate. But, in even the most precise campaigns, bombs inevitably go astray, and even those that do hit their mark can cause unintended damage. Hamid Karzai, the pro-American head of Afghanistan's interim government, has himself expressed concern about the mounting civilian toll. And in early January, a UN spokeswoman condemned a bombing raid on Qalai Niazi, a village in eastern Afghanistan, in which, she said, fifty-two civilians had died. The Pentagon, citing intelligence reports, insisted that the village was full of Taliban and Al Qaeda leaders. When Edward Cody of the Washington Post went to investigate, he found wads of bloody hair and flesh pounded into the ground and children's shoes scattered about the rubble of blasted-out houses. Based on this as well as eyewitness accounts, Cody concluded in a front-page article that many villagers had indeed been killed in the incident.

In an admirably evenhanded account in the Post (one of the few papers to scrutinize the issue), Karen DeYoung, referring to the Herold study, stated that "many with long experience in such assessments are skeptical of any firm accounting." However, she added, those observers "are equally skeptical of the Pentagon's virtually routine denials, no matter what the source." DeYoung went on to quote a spokesman for the International Committee of the Red Cross, who said that the organization had buried "hundreds" of bodies around each of several battle sites, although it sometimes had a hard time distinguishing civilians from combatants. "Unfortunately, I fear that there have been quite a few civilian casualties from all sides," the spokesman said.

Curious about Herold's report, I downloaded it from the Web (pubpages.unh.edu/~mwherold). Its twenty-seven pages include quotes from eyewitnesses, excerpts from news accounts, photos of maimed civilians and charts and tables laying out the day-by-day toll. Interspersed throughout is Herold's own analysis, which immediately made me skeptical (he calls the US bombing "criminal" and accuses the "mainstream corporate media" of "lying"). But what about the substance of his report? In an effort to check it, I chose one incident from his list, an October 11 bombing raid on the village of Karam, west of Jalalabad. The Taliban, Herold relates, claimed that 200 civilians were killed in the attack; the Pentagon dismissed that as vastly exaggerated. Herold, relying on a half-dozen news sources, concluded that 100 to 160 civilians had been killed. Via Nexis, I found several clips on the incident, written by journalists taken to the village. They found convincing evidence that many civilians had been killed; exactly how many, though, no one could say. From this Herold's estimates seem to be on the high side but substantial enough to warrant a closer look.

Why have American reporters been so reluctant to explore so important a matter? No doubt the remoteness of the sites in question has been a factor, but even more important, I believe, have been the Pentagon's aggressive denials, plus the general popularity of the war. Back in October, as images of leveled villages began appearing on American TV screens, CNN chairman Walter Isaacson sent a memo to his staff ordering them to balance clips of civilian destruction in Afghanistan with reminders of the Taliban's harboring of terrorists, saying it "seems perverse to focus too much on the casualties or hardship in Afghanistan." In a period in which a lot of video was coming out of Taliban-controlled Afghanistan, Isaacson told the Post's Howard Kurtz, "You want to make sure people understand that when they see civilian suffering there, it's in the context of a terrorist attack that caused enormous suffering in the United States." Clearly, concerns about appearing unpatriotic continue to inhibit the press's efforts on this score.

Even if Herold's figures do turn out to be accurate (and he has since raised the estimated toll to more than 4,000), it could still be argued that given what the United States has accomplished in Afghanistan--the overthrow of the Taliban, the routing of Al Qaeda, the restoration of some freedoms, the start of a long reconstruction campaign--the price paid in terms of civilian casualties has been low. It could also be argued that as part of the rebuilding effort, the families of Afghan victims should receive special assistance, much as have the victims of September 11. At the very least, we need to know how many such victims there are.