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Ever since the 1954 Brown decision outlawing "separate but equal" schools, various popular movements have upheld a vision of public schools as essential to democracy and have demanded legal protections for those previously marginalized--from Title IX prohibitions against gender-based discrimination, to the right to a bilingual education, to the inclusion of students with disabilities in public school classrooms, to the demand that public schools respect the rights of gay and lesbian students. On February 20 the Supreme Court took up a case that could lead to an about-face on this half-century of struggle.

The Justices heard oral arguments on the constitutionality of a school voucher program in Cleveland in which tax dollars pay for tuition at private schools. Roughly 4,300 Cleveland students currently receive vouchers, and 99.4 percent of them attend religious schools. The case's significance goes beyond vouchers to whether public education will be replaced by a marketplace system in which the role of the public is limited to making an individual "choice" to attend a particular school. The case also holds enormous potential to further George W. Bush's "faith based" initiatives promoting religious groups in the redefinition and privatization of the public sector.

The legal heart of the Cleveland case is whether the voucher program violates the establishment clause of the First Amendment, which prohibits government endorsement of religion. The Justices are sharply divided, and many observers expect the Court to issue a narrow ruling on the specifics of the Cleveland case. But even a narrow holding would have broad ramifications.

Vouchers have been a bedrock of the conservative agenda to privatize education and provide public dollars for private religious education. The ability to move that agenda forward, however, has been hampered by the legal cloud over vouchers. To gain support, voucher supporters have fostered the image that vouchers are merely a way to provide options to low-income minority parents whose children are trapped in failing urban schools. But if the Court accepts the pro-voucher argument that there is no government endorsement of religion because the voucher goes to parents, that reasoning can extend to all parents regardless of income. It can also extend to social services other than education.

Should the Cleveland case pass constitutional muster, one of the immediate issues facing the voucher movement is how to make the move to universal vouchers without jeopardizing the political capital it's gained by seeming to befriend low-income minorities. The perception is that the Cleveland voucher program is aimed at African-Americans, but that's wrong. African-Americans constitute 71 percent of the students in the Cleveland public schools, yet they account for only 53 percent of voucher students. Whites, meanwhile, make up 19 percent of Cleveland's public school students but 29 percent of voucher students.

For voucher opponents, a Supreme Court decision upholding the Cleveland program will move the battle from the courts to the policy arena. Two issues will immediately come to the fore--money and accountability. The money issue is simple. Taxpayer support for education is limited, particularly during recessionary times, and the money that goes to private schools will reduce taxpayer willingness to fund public schools. This will undercut the movement for funding equity for urban public schools and diminish funds for such important reforms as smaller classes, improved teacher quality and reducing the achievement gap between whites and African-Americans and Latinos. Vouchers also undermine the calls for greater accountability. If the government tries to impose the same accountability on voucher schools as on public schools, it runs the risk of excessive "entanglement" in religion, violating church/state separation.

As voucher attorney Clint Bolick has argued, regulation of voucher schools "should be limited. It should not include any state oversight of curriculum, personnel or administration. Any program that creates extensive involvement by the state in the schools' internal affairs is likely to be found an unconstitutional excessive entanglement." In Milwaukee, home to the country's oldest and largest voucher program, accountability is so lax that no academic data have been collected from voucher schools for more than six years. As a result, no one knows how students in voucher schools are performing academically. Furthermore, the voucher schools don't have to provide the same level of services for special education students or students who don't speak English. Because constitutional rights like due process are not applicable in private schools, voucher schools can suspend or expel students at will.

Many people don't appreciate the threat vouchers pose. Who can disagree that public schools, particularly in urban areas, fail too many students? But it would be shortsighted to abandon public education and accept the myth that vouchers and privatization are the answer. Public education tries to fulfill our vision of a more democratic America, with public institutions responsible to, and controlled by, the public. The voucher movement betrays that vision. It treats education as a mere consumer item and asks us to settle for the "choice" to apply to a private school that itself does the choosing.

Mississippi Congressman Bennie Thompson says it's like this: If judicial nominee Charles Pickering is confirmed by a Democratic Senate, the Bush Administration will have a green light to pack the federal courts with judges openly hostile to basic principles of equal justice under the law. "It amazes me that in 2002 a man who has a questionable record of support for 'one man, one vote' is seriously considered for a federal appeals court judgeship--but that's what we've got with Charles Pickering," Thompson says of the Mississippi federal judge nominated by Bush to the Court of Appeals for the Fifth Circuit. "If he is confirmed, the message will be that there are no expectations left, no standards for selecting judges."

Harsh words, especially from a judicial nominee's home-state representative. But the Pickering nomination has inspired the sharpest debate yet regarding the President's judicial nominees. Republican Senator Arlen Specter says Pickering displays "a curious ambivalence" about using the court to protect voting rights, while NAACP board chair Julian Bond says "a vote for Pickering is a vote against civil rights." That's a particularly dramatic charge regarding a nominee to the Fifth Circuit, which oversees civil rights protections in Louisiana, Texas and Mississippi, and has the highest percentage of African-Americans of any circuit.

The Mississippi State Conference of the NAACP and the predominantly black Magnolia Bar Association are working to block Pickering's nomination. "We hope to God that he doesn't make it," explains L.A. Warren, chair of the state NAACP's Legal Redress Committee. "We know his past." As a law student, Pickering penned a 1959 law review article that showed legislators how to tighten Mississippi's ban on interracial marriage. In the 1960s Pickering established a law practice with one of the state's most outspoken segregationists. He joined white business elites in his hometown of Laurel in opposing the worst excesses of the local Ku Klux Klan, but he also signed an open letter declaring he was working along more genteel lines to maintain "our Southern way of life." As a state senator in the 1970s, Pickering repeatedly advocated election "reforms" that the Justice Department knocked down as assaults on African-American empowerment, and he supported funding the notorious Mississippi Sovereignty Commission's efforts to block desegregation. As a federal judge since 1990, Pickering has described the "one person, one vote" principle as "obtrusive," attacked moves to draw legislative districts that could be won by African-American candidates as "polarization" and repeatedly attempted to limit application of Voting Rights Act provisions in Mississippi. In lawsuits before him involving racial discrimination in the workplace, Pickering has griped that courts "are not super personnel managers charged with second-guessing every employment decision regarding minorities."

At least eleven of the two dozen Pickering decisions overturned by the Fifth Circuit were rejected for violating well-settled principles of law involving civil rights, civil liberties, criminal procedures and labor rights. In 1994 Pickering intervened with the Justice Department to try to get the government to soften charges against a man who had burned an eight-foot cross outside the home of an interracial couple, claiming the defendant had merely engaged in a "drunken prank."

After Pickering stumbled badly in Judiciary Committee hearings--which raised ethics concerns about his role in the cross-burning case, his solicitation of letters of recommendation from lawyers and groups that might face his court, and his deceitful testimony about his ties to the Sovereignty Commission--his nomination was in trouble. But it was revived by conservative groups, which recognize that confirmation of such a nominee would ease the way for later Bush picks, and by antiabortion activists who have championed Pickering since he led the fight at the 1976 Republican National Convention for a platform opposing reproductive freedom. Pickering has a powerful ally in Senate minority leader Trent Lott, who says conservative Southern Democrats will help him confirm Pickering if a full Senate vote is scheduled. Lott charges that Pickering is the victim of a "smear" campaign.

That spin was aided by a New York Times article asserting that the African-Americans who know Pickering best "admire his efforts at racial reconciliation" and "overwhelmingly" support his nomination. Based only on interviews with African-American residents of Laurel, the Times article claimed that a disconnect between national groups' opposition to Pickering and Mississippi blacks' support for him "reflects the distance between national liberal groups and many Southern blacks in small towns." Newspapers with a better sense of the South dismissed this view; the Atlanta Journal-Constitution editorialized, "US jurisprudence came too far in the late 20th century to allow it to lapse back into a time when Pickering's prejudices reigned." But the claim that critics have focused unfairly on Pickering's record on race was picked up by conservative newspapers. The Wall Street Journal highlighted a pro-Pickering column by Mississippi's most prominent black Republican, Charles Evers, and the Washington Times wrote, "Liberal organizations have tried to label Judge Pickering as a racist, but black leaders in Mississippi are vocally backing the nominee as a friend of their community."

In fact, it was Mississippi blacks who first raised the alarm about Pickering's nomination. "I wish the New York Times would ask people like me what we think of Charles Pickering," says Kathy Egland, who joined the 1960s civil rights movement in Hattiesburg at the age of 10. "I have been involved in civil rights in Mississippi for forty years, and I'll tell you this: No one in the Mississippi NAACP who knows this man's record is saying that he has ever been a supporter of civil rights."

On October 31 Governor Jane Swift of Massachusetts pardoned five women who had been convicted and executed in the Salem witch trials in 1692. Well, better late than never--what's a few centuries one way or another? Once you're dead you have all the time in the world. It's the living for whom justice delayed is justice denied, and on that score Governor Swift is not doing so well. On February 20 she rejected the recommendation of the state parole board, known for its sternness and strictness, and refused to commute the thirty-to-forty-year sentence of Gerald Amirault, who was convicted in the 1986 Fells Acre Day School child sex abuse case and who has already served sixteen years in prison. Violet Amirault and Cheryl Amirault LeFave, his mother and sister, who were convicted with him, served eight years before being released.

Since the l980s, when a wave of now notorious prosecutions of alleged ritual child sex abuse swept the country, many of the techniques used to elicit children's stories of abuse have been discredited: leading and coercive questions, multiple reinterviews, promises of rewards, suggestive use of anatomical dolls. It's no longer iron-clad doctrine that certain behaviors, like bed-wetting, masturbation and sexualized play, reliably indicate sex abuse. The slogan of the prosecution and the media was "believe the children"--but what that really meant was don't believe the children if they insist that nothing happened, if they like going to daycare and readily hug their alleged abusers; only believe the children when, after relentless questioning by interviewers, therapists and parents, they agree that something terrible happened and eventually come to believe it, as the Fells Acre children, now young adults, still do. As Dan Finneran, the Amiraults' lawyer until 2000, puts it, the case represents "a closed system of thought: denials, recantations and failure to remember are categorized as manifestations of repression and fear and thus stand as confirmations of actual abuse." If no means yes, and yes means yes, how do you say no?

All these issues featured in the Amirault case. The result was that a respected working-class family who had run a popular daycare center in Malden for twenty years--a place that parents were constantly popping in and out of--were convicted of a total of twenty-six counts of child abuse involving nine children in trials that included accusations of extravagant and flamboyant sadistic behavior: children being anally raped with butcher knives (which left no wounds), tied to trees on the front lawn while other teachers watched, forced to drink urine, thrown about by robots, tortured in a magic room by an evil clown. One child claimed sixteen children had been killed at the center. Obvious questions went unasked: How come no kids who went to Fells Acre in previous years had these alarming experiences? Why was an expert witness permitted to testify about a child-pornography ring when no pornographic photos of the Fells Acre kids were ever found?

Governor Swift made a big show of looking seriously and long at Gerald Amirault's case, but she failed to consider the central question, that of whether he was guilty of any crime. Indeed, Swift made Gerald's refusal to admit guilt and get treatment as a dangerous sexual predator a centerpiece of her decision--but why should an innocent man have to say he's guilty to get out of jail? Gerald has been a model prisoner: He's taken college courses, he has worked, he has a flawless record. He has the total support of his wife and children and a job lined up in anticipation of his release.

Swift claims that her main consideration was whether Amirault's sentence was in line with those of others convicted of similar crimes. She cited the case of Christopher Reardon, a lay Catholic church worker who pled guilty to seventy-five criminal counts of abusing twenty-nine boys last summer and received a forty-to-fifty-year sentence. But the case against Reardon was open and shut; he took photos and videos, and even kept spreadsheets detailing his crimes. The real cases to compare with Amirault's are those of his mother and sister, who were convicted of the same crimes, although slightly fewer of them. Cheryl Amirault LeFave and Violet Amirault received sentences half as long and were released after serving half as many years as Gerald. Does Gerald's being a man have something to do with these disparate outcomes? Absolutely. The women benefited from the leniency still--if fitfully--bestowed by the justice system on women. Moreover, as the case against the Amiraults came to look more and more troubling with hindsight, the original scenario, in which the three were equally involved in molesting children, was replaced by a theory, never put forward during the trials, that Gerald was the ringleader and the women his dupes. How could this be? The evidence against the three was the same.

At her press conference, Governor Swift refused to discuss the case against Gerald and three times declined to respond when asked how he had failed to demonstrate good behavior in prison. The clear implication is that her motives were political: With Massachusetts in an uproar over the ongoing scandal of pedophile priests, to commute Gerald Amirault's sentence would have made her vulnerable in November when, as a not very popular or experienced Republican appointee, she faces an uphill struggle for election. What an irony--the Catholic Church protects genuine child molesters for decades and thereby creates a political situation in which an innocent man is trapped in jail. But Swift's calculation is backfiring. The Boston Globe, the Boston Herald, the Boston-based Christian Science Monitor, the Berkshire Eagle in Swift's home county have all editorialized against her decision; polls show wide support for Amirault's release.

Massachusetts--liberal, modern, technocratic Massachusetts--is the only state in which people convicted in the 1980s wave of ritual child abuse cases are still in prison. Bernard Baran, whose case shares many features with that of the Amiraults, with the added strike against him of being homosexual, has been incarcerated for almost half his life. Meanwhile, Scott Harshbarger, the DA who originally prosecuted the Amirault case, is now head of Common Cause. Will it take another 300 years for the state to acknowledge that Salem was not its last miscarriage of justice?

Die Nigger Die!, the autobiographical political memoir by H. Rap Brown, is a vital American historical document--historical almost in the sense of a message found in a time capsule, a missive from another age. But it remains of considerable interest for what it tells us about social and political attitudes, behaviors and expectations of a time--so my students believe--long past. The time, in this case, being a discrete, relatively short period of domestic upheaval in this country during the late 1960s and early 1970s, a time of "revolutionary" black uprising in Northern ghettos following hard on the heels of the Southern, nonviolent, direct-action movement engineered by SNCC (Student Nonviolent Coordinating Committee), CORE (Congress of Racial Equality) and SCLC (Southern Christian Leadership Conference), a movement usually associated with Martin Luther King Jr. Rap's book has an added dimension of sociological interest, being a voice from the frontlines, the personal and political testimony of a radically militant chairman of SNCC who came to symbolize the defiance of a generation of angry and militant black youth. A third, perhaps less compelling, area of interest is the personal: what the voice and language reveal about the character and personality, the sensibility, if you will, of the speaker. Who is this man, of whom McGeorge Bundy reportedly commented at the founding gathering of the National Urban Coalition, "Wouldn't you, wouldn't all of us, sleep much better tonight if we knew that H. Rap Brown...was somewhere quietly running his own little drugstore?"

Well, for one thing, the author, H. Rap Brown, is no longer among us. Nor has he really been since 1971, when, as a young man in his late twenties, he made his shahadah (the Muslim declaration of faith). During a period of incarceration by the State of New York, the black activist known to the media as H. Rap Brown converted to orthodox Islam and emerged as Jamil Abdullah Al-Amin, a Sunni Muslim. Brown went in and Al-Amin emerged. This change was by no means cosmetic or strategic.

By all accounts and the overwhelming preponderance of evidence over years, this was a genuine religious conversion, a classically "profound transformation of self." Al-Amin embarked on a life of rigorous study and spiritual and moral inquiry with the same single-minded intensity and uncompromising commitment Rap had brought to militant social struggle.

It is important to mention this because, as we know, not all conversions--religious or ideological--are equal. This was a time particularly famous for sudden, public and apparently infinitely reversible self-reinventions, two of the more dramatic being Jerry Rubin's conversion from the stridently countercultural Youth International Party leadership to Wall Street broker (from yippie to yuppie) and Eldridge Cleaver's from Black Panther Party revolutionary to born-again Christian.

Al-Amin's embrace of Islam, however, proved neither facile nor expedient, as his emergence as a bookish Muslim cleric and his years of work in faith-based social improvement have demonstrated. The fiery and impetuous young rebel who speaks out of the pages of Die Nigger Die! has long since evolved into an austere religious scholar, disciplined by faith and projecting the aura of a spiritually disposed ascetic.

After thirty years, Al-Amin has become, in many important ways, a vastly different person from the author of this book. A respected imam, he now sees--and for some time has seen--the world, his own role therein and the eventual liberation of his people in quite different terms: those of faith, self-discipline and spiritual development. This vision is reflected in both his demeanor and his language. Consequently he has, at this time, serious reservations about the appropriateness of reissuing a book of youthful struggle. It is not that he repudiates any aspect of the book--not the tone, the defiant struggle out of which it came or even the youthful persona of that text.

While he considers some of the language of the early work "unseemly," his reservation is more that he considers his later work, Revolution by the Book, far more relevant to his current concerns and the work of thirty years, as well as being more indicative of his present personal and professional style. No two books could be more different in style and subject, but what they share, apart from their common paternity, is that both are earnestly addressed to the same audience and purpose: the re-education of the African-American grassroots.

Revolution by the Book is not, as might be inferred from a casual glance at the cover, a handbook on guerrilla war. The revolution of the title refers very specifically to jihad in its classical Islamic meaning of the daily, internal struggle for self-mastery and moral discipline. The book begins with a collection of sermons, each explicating one of the foundations of Islam--shahadah (declaration of faith), tauheed (the Oneness and uniqueness of God), salaat (prayer and worship), zakaat (the redemptive value of charity) and saum (purification by fasting and abstinence)--and the expression of them in the hajj, or prescribed pilgrimage.

Liberally illustrated with quotations from the Koran, the Sunnah and other secondary Islamic texts, Al-Amin's tone is learned and reverent, exhortatory and precise. It is an eloquent articulation of the fundamental principles, values and practice of orthodox Islam, affecting every aspect of life, personal and social. The revolution it envisions is a moral one, which begins with the individual, stressing awareness of God and self through piety, study and self-discipline, and moves through family and out into the larger society.

On family:

The first responsibility of the Muslim is as teacher. That is his job, to teach. His first school, his first classroom is within the household. His first student is himself. He masters himself and then he begins to convey the knowledge that he has acquired to the family. The people who are closest to him.

On struggle:

To be successful in struggle requires remembrance of the Creator and the doing of good deeds. This is important because successful struggle demands that there be a kind of social consciousness. There has to be a social commitment, a social consciousness that joins men together. On the basis of their coming together, they do not transgress against themselves and they do not transgress against others.

On society and revolution:

When you understand your obligations to God then you can understand your obligations to society. Revolution comes when human beings set out to correct decadent institutions. We must understand how this society has fallen away from righteousness and begin to develop, Islamically, the alternative institutions to those that are in a state of decline around us. But we must first enjoin right and forbid wrong to ourselves. That is the first step in turning this thing around: turn your self around.

There is a directness and, if you will, a sincerity to this language, a sincerity that those who know the imam say has for thirty years been evident in his life and example. These qualities are said to have earned him a fierce loyalty and affection from the Muslim congregation to which he ministers in a working-class suburb of Atlanta, respect in the surrounding Christian neighborhood and a wider regard in the national Muslim-American community. This side of Al-Amin's vocational persona is one I had not been privileged to observe until 1998, at a farewell tribute to our brother Kwame Ture (Stokely Carmichael), who was stricken with terminal cancer and had been about to return to his home in Africa, there to die. Perhaps 2,000 people gathered in the banquet room of a Washington hotel: family, friends, admirers and supporters of Carmichael's, mostly movement faithful, veterans of the "heroic days."

It would have been a remarkable gathering in any place and any decade, though it could probably not have happened in the 1960s, when doctrinal and ideological disagreement had loomed so urgent and divisive. Even recently, perhaps only respect for Carmichael could have assembled such a gathering. Black nationalists next to Southern Baptists; pan-Africanists, native Africans, a few Sunni Muslims, and NAACP integrationists next to Nation of Islam separatists; former Black Panthers next to former Students for a Democratic Society activists; progressive intellectuals--writers and editors--socialists, Marxists, liberals, black and white, next to Black Arts Movement cultural nationalists; and John Lewis, the assistant minority whip of the House, cheek by jowl with Minister Louis Farrakhan, the ubiquitous leader of the Nation of Islam. It was a fitting tribute to the extraordinary range and reach of Carmichael/Ture's political and personal charisma and the affection he commanded across lines of ideology and identity.

Prominent at the speakers' table were the former chairmen of SNCC (Marion Barry, Chuck McDew, John Lewis, Jamil, and Phil Hutchens). The talk from the platform was, as might be expected, nostalgic, affectionate, political.

The only real departure, and my only surprise, came when Imam Al-Amin spoke. What he delivered in tribute to his old friend was a thoughtful, Islam-inflected reflection on the nature of oppression and the moral duty, the religious imperative, of the faithful to resist. Liberally adorned with Koranic quotations, it was, as I recall, an erudite, elegantly constructed, finely reasoned explication of the categories and nature of oppression, and the moral dimensions and complexities of struggle as expressed in the prophetic poetry of the Arabian desert some 1,400 years earlier. In any terms--culturally speaking--it was scholarly. I found it startling in a curious way: It did not quite fit either stylistically or culturally with what had gone before, yet was completely appropriate.

Its traditional opening in the resonant cadences of classic Arabic poetry seemed to me and others a voice and sensibility out of a different culture and another time. Its text, taken from Sura 42, verse 41 of the Holy Koran--"All those who fight when oppressed incur no guilt, but Allah shall surely punish the oppressor"--seemed appropriate as a personal credo for both the speaker and the life of struggle being recognized.

As he spoke, I remember thinking: Ah, so this is what a serious Islamic sermon sounds like, huh? Rap really takes this calling seriously. The brother is indeed an Islamic scholar, an imam. (I took in the hang-jawed look of astonishment and dawning professional respect that crossed Minister Farrakhan's face as he listened to be confirmation of my impression.)

I'd known the youthful Rap at Howard University as the younger brother of my friend Ed and, of course, later with SNCC in Mississippi and Alabama, before he erupted in the nation's headlines as the black militant from hell, the Negro America loved to hate. I remembered a laconic, rangy (six-foot-five), hawk-faced youth, mostly silent, a preternaturally watchful, almost brooding presence. Said to be an extraordinary athlete, he looked the part. "Yeah, the boy can play him some ball, bro. Everything from point guard to power forward and some quarterback too," his brother told me. "An' there ain't no dawg in mah boy either. He a competitor from his heart. No quit in him."

Given the times, it was natural that the movement would draw him away from the courts and any possibility of athletic scholarships. He listened to our endless debates, read voraciously, joined our demonstrations and volunteered for the Mississippi Summer Project of 1964.

In 1965 he was back in DC, where he became chairman of NAG (Nonviolent Action Group), the local SNCC affiliate. This led to the infamous White House confrontation with President Lyndon Johnson. I believe it was a Saturday morning a week following the vicious police riot known as "Bloody Sunday" on the Edmund Pettus Bridge in Selma, Alabama. I was alone in the SNCC office when the telephone rang from the Leadership Conference on Civil Rights. Responding to international outrage over the atrocity in Alabama, President Johnson had suddenly agreed to a meeting with the national civil rights leadership. However, the meeting was that afternoon, and the leadership was scattered all over the country. The Washington representatives would have to stand in. Would I be representing SNCC? Hell, no, I most certainly would not. Just then in strolls Rap, attired, as I recall, for athletic endeavor.

"Hey, aren't you the chairman of NAG? Feel like going to the White House this afternoon?" Rap considered it for several moments.

"Well," he drawled, "why not? I ain't really doing much this afternoon."

Later, when he gave his report, I remember his indignation and amazement at the fawning subservience toward the President displayed by a delegation ostensibly there to represent the urgency of our people's struggle, courtiers so effusively grateful for the privilege merely of being there and so anxious to preserve their access that none dared be forthright with the monarch. So it had fallen to him to raise the questions of presidential responsibility for federal inaction in protecting the rights of black citizens that the group was there to represent. He described the delegation's shuffling during the meeting and their not-very-subtle distancing of themselves from his intemperance, in some cases even going so far as to apologize for him. Yet once outside they effusively praised his courage for saying the things that "really needed to be said." Then, within the week, an insidious column in the Washington Post (by Evans and Novak) described how 'deeply embarrassed responsible civil rights leaders' were professing to be at the 'disrespect' shown the President by the young student.

Rap told me that LBJ had entered the meeting expressing his great displeasure at all-night demonstrations outside the White House, which were so noisy that "his little girls" had been unable to sleep. The courtiers each in their turn had expressed distress and apologies for this inconvenience to the presidential family. Rap, when his turn came, said that he too was real sad that for one night the presidential daughters' repose had been disturbed, but black people in the South had been unable to sleep in peace and security for a hundred years. What did the President plan to do about that? He had thought that this was what they were meeting to discuss. Which apparently so upset the President that the courtiers felt a need to run to the press later to put their disapproval on the public record. It must have been a generational thing.

When, in 1967 at the age of 23, Rap succeeded Carmichael as SNCC chairman, it was at a tense and desperate moment in the country. SNCC's call for Black Power, coupled with its stand against the Vietnam War, had isolated the organization and left it exposed. Deep fissures had appeared in the civil rights "coalition." The long-simmering anger of alienated black youth at racism and economic injustice in the ghettos was erupting into violent and destructive urban insurrections. In every case these "riots" were triggered by police brutality or misconduct, most usually the killing or brutalizing of an unarmed black man.

The black insurrections traumatized white America, which was further divided, usually along generational and class lines, by the Vietnam War. Suddenly, middle-class white youth--the ostensible beneficiaries of the system--were, to an unprecedented degree, also alienated from their government. The New Left, a generation of white student activists, was becoming increasingly strident in its denunciation of the American establishment and adopting an increasingly anticapitalist and anti-imperialist "revolutionary" rhetoric.

About this time, the Black Panther Party made its appearance in Oakland. A "revolutionary" organization of urban black youth, they had great style. A variation on gang colors, their black leather jackets, black berets and blue shirts--with firearms either visible or implied--were an expression of ghetto youth culture. Appearing as if on cue out of America's Third World, the Panthers were the New Left's homegrown surrogates for the Vietcong. Black, virile, menacing, hip guerrillas, the Panthers were--depending on one's orientation--the incarnation of white America's most primal fantasy or its worse nightmare: angry Negroes with guns.

Their leadership, with a well-developed sense of theater and an instinct for hustle, permitted the white New Left to declare them the revolutionary vanguard, with predictable results. Their members paid a terrible price: Some were killed and many are still in jail, often on very dubious charges.

All of which, in the media's dependably sensationalist presentation, contributed mightily to a pervasive mood of racial tension and impending doom across the nation. Wars (abroad) and rumors of (race) war at home--mere anarchy is loosed, the center cannot hold? Something like that.

Well, not by a long shot, pilgrim. The response of J. Edgar Hoover's Federal Bureau of Investigation, a "hard-hitting" national counterintelligence program (COINTELPRO), was of surpassing ruthlessness in its contempt for law and the civil rights of citizens. COINTELPRO cast a wide net covering the peace movement, the New Left, student activists, black militants ("black nationalist hate groups") and pacifist clergy, including even the very churchly Dr. Martin Luther King Jr. Hoover's specific instructions were to use all necessary means to "expose, disrupt, misdirect, discredit or otherwise neutralize...black nationalist hate type organizations [sic], their leadership, spokesmen, membership and supporters." Programs were designed to "convince them," Hoover instructed his agents, "that to be a black revolutionary is to be a dead revolutionary."

The bureau, taking him at his word, came up with a repertoire of dirty tricks--authorized by the director and usually illegal--ranging from character assassination, disinformation, false arrest on bogus charges, manufactured evidence, perjured testimony and cynical frame-ups to physical assassination by either uniformed officers or hired agents. All this has been documented by Congressional investigation, but none of the perpetrators--the so-called rogue agents--in the bureau have ever served a day of jail time.

This being the context in which H. Rap Brown undertook the SNCC chairmanship, it is therefore not surprising that his term of office, a succession of indictments and arrests, was spent mostly in court, out on bond or in jail. Some of this is recounted in Die Nigger Die!: It began in July 1967 after an appearance in Cambridge, Maryland, where he had given an "incendiary" and--in the presence of the media--politically ill-advised speech in which he urged black people to arm themselves, to be "ready to die" and to meet violence with violence. "This town is ready to explode.... if you don't have guns, don't be here.... you have to be prepared to die." This proved rather quickly prophetic: Immediately after the speech he and two companions were fired on from an ambush, and the community exploded.

After I spoke people were just milling around. A young lady who lived up towards Race Street where a bunch of white policemen were gathered asked for an escort home because she was afraid to walk by herself. Myself and two other people were walking her home and some dudes opened fire on us with shotguns from some bushes. We found out later they [the shooters] were black policemen. They were shooting at us a long time. I was hit, I dove to the ground, rolled into a ditch and made my way into someone's yard.

      After the shooting there was a lot of commotion. People went into the street and just started tearing everything up. A few hours later they burned the school again. Two weeks earlier people had burned the black elementary school because it had been a rat infested, roach infested place. People were paying taxes and their children were forced to go to school in those conditions. It is these conditions which cause riots. Not anybody's rhetoric.

Shortly after this incident, Brown was charged by the State of Maryland with incitement to riot, beginning a succession of charges and protracted legal maneuvering drawn out over a two-year period.

I can remember following the process as it unfolded in almost Kafkaesque absurdity in the press. It seemed like every few months Brown would be hauled into court in a new jurisdiction on a different charge and held under an oppressively large bond. His attorney--the late William Kunstler--would struggle mightily to win a reduction. Rap would eventually come out and in a matter of days be reported somewhere else making even more "incendiary" utterances and be back in custody, there to begin the dismal cycle all over again. At least that's how it seemed to me. I can remember saying, "I guess you're right. Rap don't have no quit in him after all, but maybe he should." And Ed growling, "That boy hard-headed, bro. Jes' too damn stubborn."

Subsequently released FBI documents make it clear that this process of paralysis by indictment and legal intimidation was by no means limited to H. Rap Brown. It was a deliberate, across-the-board COINTELPRO strategy designed to cripple radical organizations by misusing the courts. First, there were arrests of targeted activists on serious charges carrying potentially long sentences. It was of little importance to the government whether it had a legitimate case, strong enough to secure a conviction. The point was to silence and immobilize leadership while forcing groups to redirect energy and resources into raising funds, organizing legal defenses and publicizing the cases. It was a government subversion of the American justice system resulting in drawn-out Soviet-style political show trials that became commonplace in the America of the 1970s: the Chicago Seven, the Panther Twenty-One, etc., etc.

Although the overwhelming majority of these cases did not result in convictions, government documents show that they were considered great tactical successes. They kept the movements off the streets and in the courts. However, a few convictions were attained, and it is clear that at least some activists who ended up serving long sentences--some of whom remain in jail to this day--were simply framed by the government. People were convicted on perjured testimony as witnesses were bribed or coerced into lying. Exculpatory evidence was withheld from the defense and made to "disappear."

As I write, Leonard Peltier of the American Indian Movement is still in jail. Elmer "Geronimo" Pratt of the California Panthers, a decorated Vietnam veteran, was recently released after spending nearly half his life in jail for a murder that the FBI had clear evidence he could not possibly have committed. Richard Moore (Dhoruba Al-Mujahid Bin Wahad), a New York Panther, has only recently been freed after a review of his case indicated similar government misconduct. Have you heard of the Angola Three?

These are two black men in the Louisiana State Penitentiary--Herman Wallace and Albert Woodfox--who have been held in continuous solitary confinement for twenty-nine years. They, along with Robert King Wilkerson (who was freed in February 2001) are responsible for organizing a functional chapter of the Black Panther Party among the inmate population of Angola prison. In 1972 the men were convicted of the murder of a guard and have been held in isolation ever since (see www.prisonactivist.org/angola). These are only a few cases that have surfaced into public awareness. But there remain a great many such cases that seem irretrievably buried in the catacombs of legal bureaucracy. There are activists of that generation, in other words--fellow human beings and American citizens--who are in effect political prisoners, still serving time in an American gulag, often on very questionable evidence indeed.

Back to the Rap. In April 1970, after two years of tortuous legal jousting, he failed to appear in court for trial on the incitement charge and simply disappeared. For seventeen months, despite the best efforts of the FBI and an international dragnet, he appeared to have dropped from the face of the earth. To my knowledge he has never publicly discussed this period, so it remains something of a mystery. At the time, speculation was rife. None of our mutual movement friends seemed to know--or would admit to knowing--his whereabouts. He was variously rumored as being in Cuba, in Algeria, in West Africa or deceased. His brother Ed was "pretty sure" he was alive, but so completely incommunicado that even he had not a clue as to where Rap might be.

When he finally surfaced in late 1971 it was in truly astonishing circumstances and surprisingly close to home--Manhattan, in fact. His friends and supporters in the movement were stunned when large New York Times headlines proclaimed his capture, gut-shot and seriously wounded, following a running gun battle with police during "an attempted holdup" of a westside Manhattan bar. To us this made no sense. Armed robbery of a bar? C'mon, that was completely at odds with the political principles we considered ourselves to share with Rap. Indeed, had he not been in critical condition in a Harlem hospital, one would have been tempted to simply dismiss the entire story as false identification.

To many black Americans, this was an astonishing and dismaying development. The young SNCC chairman seemed to have crossed the line between militant political defiance and flat-out criminality. Much of the support he had enjoyed, both within the movement and in the general community, evaporated. But not all. According to a report from the Harlem street, "It was some black nurses who saved that boy's life. Them sisters made sure he got proper treatment in that hospital." Also, according to street lore, the bar holdup was really more of an ill-advised, armed sortie against reputed drug dealers and their police partners. After recovering from his injuries, Rap served five years in prison. Having theoretically discharged his debt to the law and re-emerged into society as Jamil Al-Amin, H. Rap Brown, for all intents and purposes, should have been history.

Jamil Al-Amin, after making the hajj to Mecca following his parole, settled in Atlanta, where his brother Ed was director of the Voter Education Project, and set out to construct a new life outside the glare of the media. The imam, peaceably studying his religion and building an Islamic congregation, became--not that McGeorge Bundy was prescient--the proprietor of a small community grocery store cum culture center in Atlanta's West End.

The next episode in this remarkable tale might be seen as that of two utterly incompatible and mutually exclusive stories. One is the narrative of H. Rap Brown, the armed militant, prone to violence--"revolutionary" or "criminal," depending on your take. This old narrative is preserved alive and well in the computerized memory banks of law enforcement and the film clips and soundbites of the media, a convenient ghost to be summoned up at will over the next thirty years.

"Y'know," his brother Ed explained, "something happens. Say the first attempt to bomb the Trade Center, right? They feed their infallible profile into their computer. Muslim...radical...violent...anti-American, whatever, who knows. Anyway, boom, out spits the names, H. Rap Brown prominent among them. Next thing the Feds come storming into the community and haul Jamil in. This actually happened. Of course it's stupid. And every time they have to let him go. But how do you stop it? A goddamn nightmare, they never quit."

Then there is a more contemporary contending narrative, that of the Imam Al-Amin--pious, ascetic scholar/teacher and community leader widely perceived to have renounced violence--only to have his hard-won peace plagued at regular intervals by the ghost of the past persona, conjured up to that end.

Or, some suggest, could not the narratives sometimes merge: with the clerical robes and books of the imam being occasionally discarded for the weapons and fatigues of the militant?

One person has no doubt. "No, bro. It was just continuous harassment, pure and simple," Ed Brown says. "Harassment, sometimes routine and petty, sometimes pretty serious. Just one damn thing after another. No matter how absurd. The police simply would not leave my brother alone...an ongoing police vendetta."

Out of this series of low-level annoyances two incidents stand out. Immediately after the 1993 bombing of the World Trade Center, Imam Al-Amin was arbitrarily hauled in, interrogated and released under heavy and continuous surveillance, all in the absence of any evidence at all connecting him to the bombing--at least none the authorities cared to disclose.

Another such incident took place in August 1995. A month after a local shooting, agents of the FBI and the Bureau of Alcohol, Tobacco and Firearms converged on Atlanta and arrested Imam Al-Amin as the shooter. At a press conference, they informed the press that the victim had identified the imam as his assailant. The charges were dropped when the victim--who subsequently joined the imam's mosque--told the press that he had not seen his assailant but had been threatened by the authorities with jail if he did not implicate Imam Al-Amin. He also told the Atlanta Journal-Constitution and the New York Times that it was the police who first presented him with the name and photograph of Imam Al-Amin. The whole thing stank of a setup and police impropriety. However, the mainstream civil liberties establishment was silent, so it was left to the national Islamic community to question the irregularities surrounding this incident.

On August 28, 1995, the Washington-based Council on American-Islamic Relations (CAIR), joined by several other national Muslim organizations, held a press conference in which they called for a Justice Department investigation. The groups represented included the Islamic Society of North America, American Muslim Council, the Muslim Public Affairs Council and CAIR. Imam Al-Amin was also in attendance. The joint statement they released raises some interesting questions:

1) Why were agents of the FBI, the FBI's Counterterrorism Task Force and the Bureau of Alcohol, Tobacco and Firearms involved in a case that the police themselves described as a "routine aggravated assault"?

2) Why was the victim in this case, as he himself has stated and the Journal-Constitution reported, threatened with legal charges if he failed to identify Imam Al-Amin as his assailant? And why did authorities refuse to accept the victim's repeated statements that he did not see who the assailant was?

3) Why would the authorities in Atlanta wish to implicate Imam Al-Amin in this case?

4) Why was Imam Al-Amin arrested weeks after the alleged incident, even though he was easily accessible to law enforcement officials at his public place of business? Why was he arrested in his car and not called in for questioning at police facilities?

Good questions. I am not aware of a response from the Justice Department. Unfortunately, this is not where the story ends.

Five years later, on Thursday night, March 16, 2000, the troubled relationship between the brother and the various law enforcement agencies would escalate from farce to tragedy. As I write, Imam Al-Amin sits on trial on four felony murder charges, for which the state is seeking the death penalty. By the time you read this, part of the trial will have taken place, so we will have learned something of the quality and extent of the evidence the state has been able to produce in support of the thirteen charges it has brought. Here is the background--what we know of it at this time.

On the night of March 16, an exchange of gunfire between two Fulton County sheriff's deputies and persons unknown resulted in the death of Deputy Richard Kinchen and the serious injury of Deputy Aldranon English. The incident took place in the vicinity of the community mosque founded by Imam Al-Amin. According to the authorities, the deputies were attempting to serve an arrest warrant on Al-Amin, who had missed an earlier court appearance. (The charges--impersonating a police officer and receiving stolen property--while not insignificant, were relatively minor compared with the ones he now faces. Imam Al-Amin maintains that he never received notification of the court date, even though his residence and business address were well-known to authorities.)

In the immediate aftermath of the shootings, the Atlanta police released in rapid succession, and the media reported, four significantly different accounts of the incident. The precise location, the sequence of events, the description and even the number of assailants were all revised in these early accounts, the only constant being a "trail of blood." Deputy English was certain he'd seen, spoken to, shot and seriously wounded his attacker. The investigators reported following a "heavy trail" of blood up the steps and across the porch of an empty house. From photographs shown him, the wounded officer identified the shooter as Al-Amin, although there were discrepancies in his initial description. A regional manhunt was launched.

The local media had a field day with H. Rap Brown, whom they identified as a former Black Panther leader and all-around desperado. Apparently the most recent picture they could find was a police mug shot of a fierce-looking Black Power militant out of the 1960s. This image saturated all media (except radio) and is indicative of the general tone of the coverage. However, a few days after the shooting, when Al-Amin was arrested in Alabama, he was found to be completely free of physical injury. Subsequently very little was heard of the "wounded assailant" and the "trail of blood" motif, until it emerged in the first days of the trial.

There are other significant discrepancies between police and media reports and the known facts, but there is no need to recapitulate those here. They will come out in court, and I am no more the imam's lawyer than you are a jury of his peers. There is, however, one important dimension to this story that seems to have escaped the notice of the media.

Neither I nor the media commentators, having not been present, can say exactly what happened that night--who was present, or why and how things happened as they did. All that is indisputably clear is that an eminently avoidable human tragedy took place. One young black man was dead, another seriously injured. Somebody shot them. And a leader of the community is on trial for his life. Was this inevitable? Did any of it have to happen? Recall with me the prevailing context in which these events unfolded.

In March 2000, there was a particular mood in working-class African-American communities across the country. Our communities had been traumatized by a series of shootings of unarmed black men at the hands of police in urban centers, most of them innocent of any crime. In black Islamic communities in particular, feelings were extremely raw over the police shooting of a devout, law-abiding, unarmed young African Muslim named Amadou Diallo as he stood in the foyer of his apartment building in New York City. Although more than forty shots were fired at or into the young man, the four police perpetrators were found innocent of wrongdoing. The Diallo case was the subject of sermons in mosques across the nation, and the Atlanta mosque was no exception.

The Atlanta shootout took place within a month of the acquittal of the police officers in New York. One has to wonder, therefore, why, in the climate created by those events, the Atlanta authorities chose to act as they did. Why was it necessary to send into a Muslim community, under cover of darkness, heavily armed men wearing flak jackets to bring in a respected and beloved religious leader, a figure of fixed address and regular and predictable habits? And this in service of a warrant for charges they describe as relatively minor. Who authorized this action and in this manner? Was this abysmally poor judgment or deliberate provocation?

Al-Amin's neighbors also found it passing strange. "He understood the process, how City Hall works, how federal government works," one lady recalls. "So he was like a mayor to many people. Someone people could go to to make things happen." Another pointed out that "Jamil walked up and down the street all day, from the house to the shop to the mosque. So why would they wait till 10 o'clock at night? The man certainly wasn't hard to find."

There was a conference marking the foundation of SNCC a few months after the Atlanta shootings. The prisoner's colleagues from the movement said it well in a statement they issued there:

While we are deeply saddened by the bloodshed and loss of human life in this tragic and very avoidable incident, we are equally concerned by the presence in the record of a number of factors which threaten to compound tragedy with injustice. We refer to the number of glaring discrepancies in the official version of events and what appears to us as a precipitous and uncritical rush to judgment by the public media.
      What further distresses us is that the facts as alleged are so completely out of character with the man we have come to know as Imam Jamil Abdullah Al-Amin. For twenty years, our brother has shown himself a serious student of religion, a devout spiritual teacher as well as a public spirited community leader.

      We ourselves know him as a principled, compassionate, mature black man committed to justice for his people and the moral welfare of his community. These allegations are totally antithetical to the character of a man we greatly respect. We urge therefore a suspension of judgment pending a thorough investigation, not only of the tragic events of March 16, but of the chain of events preceding them.

Imam Al-Amin has been incarcerated since March 2000 under conditions that seem unnecessarily draconian. In solitary confinement, he was for a time deprived of his Holy Koran, and he has never been permitted to participate in weekly Jumu'ahservices with other members of his faith. He has been silenced by a court-imposed gag order. Before the order, however, he was able to make a personal statement. In the manner of his vocation and faith, the statement is issued in the name of his God, which inclines me to assume its sincerity. We should let him speak in his own voice, excerpted below:

My name is Imam Jamil Abdullah Al-Amin, the former H. Rap Brown. I am a devoted servant of Allah, and an unwavering devotee to His cause. For more than 30 years, I have been tormented and persecuted by my enemies for reasons of race and belief. I seek truth over a lie; I seek justice over injustice; I seek righteousness over the rewards of evildoers, and I love Allah more than I love the state.
      On March 16, 2000, Fulton County Sheriff Deputy Ricky Kinchen was killed and Sheriff Aldranon English was shot and injured in the neighborhood where I have lived, worked, and prayed. Indeed, this tragedy occurred across the street from the Mosque I founded. I have been accused by the State of Georgia of having committed these crimes. Let me declare before the families of these men, before the state, and any who would dare to know the truth, that I neither shot nor killed anyone. I am innocent of the 13 charges that have been brought against me. Let me also declare that I am one with the grief of this mother and father at the loss of their son. I am joined at the heart with this widow and her children at the loss of a husband and a father. I drink from the same bitter cup of sorrow as the siblings at the loss of a beloved brother....

      [The police] have sought to marginalize my humanity and humiliate my family. They have done their level best to reduce me to a one-dimensional monster.... I am no monster. I am a human being created by Allah and am an instrument of his purpose. I am entitled to every right and every consideration as every other human being including fairness, a fair trial and the presumption of innocence.

The trial currently under way may not prove particularly inspiring, but it will certainly be instructive. It doubtless can do little to resolve, or, in the fashion of the day, deconstruct, the prevailing paradox of the Brown/Al-Amin personas. Thus it will tell us less about the accused than about justice and the state of the nation in its present mood. Less about guilt or innocence than about respect for human rights.

For, as Jimmy Baldwin, our late Prophet, warned, "In the private chambers of the soul, the guilty party is identified and the accusing finger is not legend but consequence.... A people pay for what they do, and still more for what they allow themselves to become. And they pay for it simply by the life they lead."

It is now for the state and Al-Amin's fellow citizens to speak. In the national mood following the horrific events of September 11, it will be instructive to see what they say.

The OSI's intent to disinform
Received responses that were less than warm.
The Pentagon now says it doesn't need
An office just to lie and to mislead.
There is, though, one false fact they're not eschewing:
The notion that the brass know what they're doing.

'New Mideast Approach': Flawed?

Elkhorn, Neb.

There are many grave problems with Jerome M. Segal's "A New Middle East Approach" [Jan. 28]. I will discuss two. The first is Segal's repeated insistence that the United Nations and any government of a state of Palestine recognize Israel's right to exist "as a Jewish state." Has the UN, out respect for everyone's civil "rights," not tended to call upon states to respect the various religious preferences of all their citizens, to avoid setting themselves up as theocracies, whether they be "Jewish states" or "Islamic republics"?

Segal's desire represents an unspoken effort by Jewish Israelis to avoid responding constructively to demands that they address the misery of the vast numbers of Arab refugees who were driven from the area that is now Israel, refugees who have languished for more than a half-century in wretched encampments in Lebanon and Jordan. This avoidance may be understandable, but it is a deal-breaker. Peace cannot come to Palestine until Israeli Jews transform their nation into a secular state and make amends to those who lost their homes.

A second problem is Segal's absurd and demeaning insistence that a state of Palestine not be allowed to import weapons. Palestinians must be permitted to ward off Israel's relentless attacks on them. The expressions of outrage by Israel and the United States at the discovery of an arms shipment bound for Palestine were deliriously hypocritical. Until the Palestinians cease to be victimized by overwhelming (mostly US-supplied) Israeli firepower, there will be no peace in the area.

Now, I suppose that the Palestinians would agree to forgo importation of weapons if the Israelis would do likewise, but I suspect that even the "dovish" Segal would not agree to that. These two points alone undercut Segal's apparent desire for peace. Taken together, all his proposals constitute nothing more than the latest effort by Jewish immigrants to Palestine and their descendants to maintain their position of extreme privilege. Their privilege has played the largest part in sustaining the hostilities that have scarred Palestine for fifty-four years. Until Israeli Jews agree to live equally and respectfully with their Arab neighbors, they will not experience peace.

LAWRENCE A. BECK


Crofton, Md.

Jerome Segal's approach is inherently flawed. The major flaw lies in his suggestion that Israel withdraw from only 95 percent of the occupied West Bank (percentage according to what? the 1967 Green Line? including East Jerusalem?). First, Israel controls the entire water and electrical supplies for the occupied West Bank from Israel proper. The remaining 5 percent of the West Bank that Israel wants to retain is made up of its settlement blocks, strategically positioned over underground aquifers along the 1967 Green Line. If a land swap were to occur for this remaining 5 percent, it would (1) legitimate the Israeli colonization/settlement effort in the West Bank, already deemed illegal by UN resolutions and the Fourth Geneva Convention, and (2) maintain Israeli control over the West Bank's underground water supply, thereby insuring a Palestinian state dependent on Israel.

Second, there is an issue of the quality of the land swapped. One proposed land swap would have resulted in Israel obtaining land that can support agriculture and, more important, that is above underground water aquifers. In exchange, the Palestinians would have received a sliver of land located next to the Gaza Strip that has no resources and cannot support agriculture. The only solution must be grounded in a 100 percent withdrawal to the 1967 Green Line and include evacuation of all settlements.

GUY HENGGELER


Haifa, Israel

For Jerome Segal, Israel's and Israelis' security prevails over everything and anything, including the Palestinians (who have nothing of Israel's might, ordinarily directed at Palestinian civilians--their roads, their trees, their homes, their liberty and their lives), but is immune from the charge of terror. Segal is able to notice none of the Palestinians' suffering, nor their recognized rights under international law.

Segal is advocating a supposedly popular Israeli trend called "separation" from the Palestinians. The term reveals a burden that Israel and Israelis are so keen to dispose of, namely the Palestinians, and thus pursue living in a pure Jewish state. One may ask, therefore, what about the 1 million Palestinians living inside Israel, who have official citizenship but actual third-class status? How exactly are Israel and Israelis going to separate from them? The answer is easy: by continuing to negate the binational reality of the country, together with its history and memory.

MARWAN DALAL


Chicago

A problem with Jerome Segal's Middle East approach is that most Israelis do not trust the UN Security Council to implement (not impose--relatively easy--but follow through on) an equitable peace settlement. Will the Council be as diligent in intercepting illegal arms shipments to the Palestinian state as the IDF? Can it prevent a Palestinian state from meddling in Jordanian politics or from, say, concluding a defensive alliance with Iraq against Jordan, with its obvious strategic implications for Israel's security? There is much talk these days about building trust. It seems to me that the Security Council, working from a deficit, has some preliminary work to do here (if it hasn't already squandered its opportunity).

DAVID REITER


SEGAL REPLIES

College Park, Md.

I will respond to the issues raised by the letter writers in turn:

(1) The plan asks the PLO to recognize Israel as a Jewish state, but is such a state morally legitimate?

Obviously a big question, one under considerable debate in Israel. A good part of the issue depends on what one means by a Jewish state. There are all sorts of possible meanings under which such a state would not be legitimate. The issue is whether there are any in which it would be. Contrary to the suggestion in the first letter, the idea of a Jewish state does not necessarily imply a theocracy, that is rule by religious authorities or by religious law. Neither of these characterizes Israel. Nor does it necessarily imply discrimination among its citizens. I favor a rather minimal definition of a Jewish state, aside from one that might proclaim itself as such; this implies one that structures its immigration policy specifically with the goal of maintaining a Jewish majority. This does not require that no Palestinians will be able to return, but it does involve limitations. Given both a belief in the right of a people to self-determination, as well as the history of the conflict, I believe this can be justified. It is worth remembering that in response to the continued struggle over who would dominate in historic Palestine, in 1947 the UN Partition Resolution provided for two states, one Arab and one Jewish. This resolution, and this specific phrase, was for the first time endorsed by the Palestinians, in their Declaration of Independence adopted in 1988.

(2) How can one justify limiting the state of Palestine's ability to arm itself?

The harsh reality is that the asymmetry of military strength is part of what makes it possible to resolve the conflict. Given that Palestinians believe that the creation of Israel was a vast injustice, if they were equal to Israel militarily, the prospect of a land-for-peace deal would evaporate. This is true on the Israeli side as well. It is their military superiority that serves as a basis for a willingness to give up land and run the risk of a new, possibly hostile state next to them without any natural boundaries. The Palestinians, at Taba, have already agreed that theirs would be a nonmilitarized state.

(3) Would allowing Israel to retain even 5 percent of the West Bank prevent Palestinian development and legitimize the settlements?

At Taba, the Palestinians offered an Israeli retention of about 3 percent plus a 1-for-1 territorial swap. My proposal sets 5 percent as a maximum and also requires a 1-for-1 swap, which is not vastly different. The Security Council would serve as arbitrator. It need not accept the Israeli proposal. It will review it, hold hearings and possibly amend it.

(4) What happens to the 1 million Palestinian citizens of Israel?

My proposal raises no new problems with respect to the situation of the Palestinian citizens of Israel not raised by any other way of getting to the two-state solution. The greatest danger faced by the Palestinian minority in Israel is the continuation of the conflict and its possible escalation. If things escalate into genuine war, they will be in peril. With a stable peace, something Israel has never had, there will be increased likelihood of moving toward fuller equality.

(5) How can Israel trust the UN Security Council?

To be sure, many Israelis will be quite wary about having the Security Council serve as arbitrator. Unlike in the General Assembly, however, the United States exercises a veto in the Council, and Israel retains plenty of influence over American policy. Vis-à-vis the Council, Israel is certainly more fully protected than the Palestinians. But there are risks for both sides. Every other proposal has risks as well. As to the interception of arms shipments, the provision for international monitoring does not imply that Israel would abandon its own monitoring efforts, merely that insofar as these were done on Palestinian territory it would be through Israeli participation in an international force.

In the end, it must be realized that if we are truly seeking policies that can end the conflict and provide some measure of justice, then the issue is not whether a specific proposal is free from legitimate concerns. Even the best policy may be less than perfect. The real question is whether there are better approaches. I see very few alternatives that are worth considering. If there is a better idea, what is it?

JEROME SEGAL

America called on its former colony to fill the bill for a sequel to Al Qaeda.

Bureaucratic timidity and turf battles needlessly put many Americans at risk.

It's amazing some politicians don't get whiplash when they speak. Take the President. On Tuesday, while unveiling his new welfare plan at a church in Washin...

Johnny Temple plays bass guitar in the rock bands Girls Against Boys and New Wet Kojak and is the publisher of Akashic Books (www.akashicbooks.com).

I offer these brief remarks today as a prayer for our country, with love
of democracy, as a celebration of our country. With love for our country.
With hope for our country.

It just got a little harder to ignore the dissenters in America's War on Terrorism.

The Federal Communications Commission is presently conducting an inquiry--a "rulemaking"--to determine whether to relax, or even to eliminate, the remaining few regulations that limit how many me

Thomas White, the former Enron vice chairman appointed by George W. Bush to be Secretary of the Army, should resign immediately. The case against White is self-evident. Touted as "one of the most outstanding managers in corporate America" by Enron's favorite senator, Phil Gramm, he was named Army Secretary, promising to bring "sound business practices" to the Pentagon. But White's entire business experience was at Enron, where he participated directly in the lies and mismanagement that resulted in its bankruptcy and the betrayal of investors and employees. Enron's business practices generally, and White's in particular, are the last thing that should be inflicted upon the Department of the Army.

Before being named Army Secretary, White was vice chairman of a venture called Enron Energy Services from 1998 through May 2001. He was paid $5.5 million in salary and bonuses in his last year alone and walked off with stock and options valued at about $50 million and homes in Naples, Florida, and Aspen, Colorado, worth more than $5 million apiece.

Touted as a burgeoning profit center, Enron Energy Services reported a pretax operating profit of $103 million on revenues of $4.6 billion in 2000. But EES was a fraud, hemorrhaging money while covering up its losses with accounting maneuvers. Its profit in 2000, according to Enron vice president Sherron Watkins, was created by counting ersatz financial trading gains from one of the infamous off-budget Raptor partnerships. The recently released special investigation of Enron's board of directors concluded that those transactions violated accounting rules. White and EES chairman Lou Pai made millions, but the venture they ran was so mismanaged that in February 2001 Enron executives brought in another leadership team to clean up the mess.

Enron Energy Services was set up to compete with public utilities in selling energy to large enterprises like JC Penney, the Catholic Archdiocese of Chicago and the US Army. Enron would sign long-term contracts to provide energy at a sharply reduced fixed price. It would then install energy-saving devices to lower its clients' energy needs and use its trading savvy to supply that energy at bargain prices.

From the beginning, though, Enron's follow-through was something of a joke. "They knew how to get a product out there, but they didn't know how to run a business," former EES employee Tony Dorazio told the New York Times. Glenn Dickson, an EES director laid off in December, charged that White and Pai "are definitely responsible for the fact that we sold huge contracts with little thought as to how we were going to manage the risk or deliver the service."

Perhaps Pai and White were more concerned about selling than fulfilling contracts because they were making their money on the front end, benefiting from Enron's aggressive accounting practices. When Enron signed a ten-year contract with a customer, it would project its revenues and profits over the ten years and book all of them as received in the first year of the sale. This "mark to market" accounting is a generally accepted accounting practice--but only when the revenues and costs can be reliably projected. EES had to predict future energy prices, the pace of energy deregulation in different states and the conservation savings of its customers over many years. It then paid its managers and sales personnel bonuses based on those projections. This was an irresistible invitation to what former EES employee Jeff Gray called "illusory earnings."

And illusion there was. "It became obvious that EES has been doing deals for two years and was losing money on almost all the deals they had booked," wrote former employee Margaret Ceconi in an e-mail to Enron's board in August, warning that more than $500 million in losses were being hidden in Enron's wholesale energy division. Enron used its bankruptcy to walk away from EES's losing deals and dismissed most of its 1,000 employees.

Where was White during all this? His emerging defense is that he was out of the loop. He didn't do numbers. He provided a dashing can-do military figure for the customers, a rainmaker who helped land the deals. And EES was tasked to show growth. Bidding for a fifteen-year, $1.3 billion contract with Eli Lilly, it paid Lilly $50 million up front to seal the deal. The contracts could be projected as profitable, even if they were to bleed money in the succeeding years. So long as EES kept expanding fast enough and the contracts kept rolling in, no one need know. Under White's leadership, Enron Energy Services turned into a classic Ponzi scheme.

White still maintains that EES was "a great business...there were no accounting irregularities that I was aware of." It is hard to imagine a clearer self-indictment. Either he knew that EES was a lie and is potentially guilty of fraud, or he was oblivious to the lie and thus is utterly incompetent to manage the Department of the Army with its annual budget of $91 billion.

Tyson Slocum of Public Citizen argues that White is a walking conflict of interest. He came to the Army pledging to get it out of the energy business, even as Enron was bidding to supply the military with energy. He pledged to sever all financial ties with Enron but elected privately to receive an annuity payment, part of which came from the company. Enron's bankruptcy ended this conflict, but it doesn't put an end to White's complicity in a scheme from which he pocketed millions while running his venture into the ground, betraying the trust of investors and employees alike.

Ultimately Enron is about values, about integrity and responsibility. It is a story of executives who cashed out more than $1.1 billion in stock while misleading employees and investors. Thomas White is one of those executives. Personal responsibility should apply to the powerful as well as the weak. If it means more than election-year campaign rhetoric for this Administration, then it is time for Thomas White to go.

The hoofprints of Lucifer are everywhere. And since this is America, eternally at war with the darker forces, the foremost Enemy Within is sex, no quarter given. Here are some bulletins from the battlefront, drawn from a smart essay on "Sex & Empire" in the March issue of The Guide (www.guidemag.com), a Boston-based monthly travel magazine that has "about the best gay sex politics around," according to Bill Dobbs of Queerwatch, whom I take as my adviser in these matters.

In February 2000, Matthew Limon, an 18-year-old, had oral sex with a 14-year-old schoolmate. A Kansas court sentenced him to seventeen years in prison, a sentence duly upheld by a federal court in February. Last July, an Ohio court sentenced 22-year-old Brian Dalton to seven years in prison because of sex fantasies he wrote in his diary. A woman teacher in Arizona faces 100 years in prison for having an affair with a 17-year-old boy. Frankly, I'd have risked two centuries in prison to have sex with Miss Hollister when I was in school.

Apropos the triumph of identity politics across the past thirty years, Bill Andriette, the author of "Sex & Empire," remarks that "the same PR machinery that produces all these feel-good identities naturally segues into manufacturing demonic ones--indeed, creates a demand for them. The ascription of demonic sexual identities onto people helps drive repression, from attacks on Internet freedom to sex-predator laws. Identity politics works gear-in-gear with a fetishization of children, because the young represent one class of persons free of identity, the last stand of unbranded humanity, precious and rare as virgin prairie."

This brings us into an Olympian quadruple axel of evil: sexually violent predators (familiarly known as SVPs), preying on minors of the same sex. There's no quarreling between prosecutor and judge, jury and governor, Supreme Court and shrinks. Lock 'em up and throw away the key.

The other day I listened to Marita Mayer, an attorney in the public defender's office in California's Contra Costa County, describe the desolate business of trying to save her clients, SVPs, from indeterminate confinement in Atascadero, the state's prime mental bin.

Among Mayer's clients are men who pleaded guilty to sex crimes in the mid-1980s, mostly rape of an adult woman, getting a fixed term of anywhere from ten to fifteen years. In the old days, if you worked and behaved yourself, you'd be up for parole after serving half the sentence.

In California, as in many other states, SVP laws kicked in in the mid-1990s, crest of the repressive wave provoked by hysteria over child sex abuse and crime generally: mandatory minimum sentences, erosion of the right to confront witnesses, community notification of released sex offenders, surgical and chemical castration, prohibition of mere possession of certain printed materials, this last an indignity previously only accorded atomic energy secrets.

So California passes its SVP law in January of 1996, decreeing that those falling into the category of SVP have a sickness that requires treatment and cannot be freed until a jury agrees unanimously that they are no longer a danger to the community. (The adjudicators vary from state to state. Sometimes it's a jury, or merely a majority of jurors, sometimes a judge, sometimes a panel, sometimes a "multidisciplinary team.")

Mayer's clients, serving out their years in Pelican Bay or Vacaville or San Quentin, counting the months down to parole date, suddenly find themselves back in jail in Contra Costa County, told they've got a mental disorder and can't be released till a jury decides they're no danger to the community. Off to Atascadero they go for a two-year term, at the end of which they get a hearing, and almost always another two-year term.

"Many of them refuse treatment," Mayer says. "They refuse to sign a piece of paper saying they have a mental disease." Of course they do. Why sign a document saying that for all practical purposes you may well be beyond reform or redemption, that you are Evil by nature, not just a guy who did something bad and paid the penalty?

It's the AA model of boozing as sin, having to say you are an alcoholic and will always be in that condition, one lurch away from perdition. Soon everything begins to hinge on someone's assessment of your state of mind, your future intentions. As with the damnable liberal obsession with hate-crimes laws, it's a nosedive into the category of "thought crimes."

There the SVPs are in Atascadero, surrounded by psych techs eager to test all kinds of statistical and behavioral models, along with phallometric devices designed to assist in the persuasion of judge and jury that, yes, the prisoner has a more than 50 percent likelihood of exercising his criminal sexual impulses, should he be released.

Thus, by the circuitous route of "civil commitment" (confining people deemed to be a danger to themselves or others), we have ended up with a situation that from the constitutional point of view, is indeed absolutely Evil: people held in preventive detention or being locked up twice for the same crime.

"It's using psychiatry, like religion, to put people away," Mayer concludes. "Why not hire an astrologer or a goat-entrail reader to predict what the person might do? Why not the same for robbers as for rapists? What's happening is double jeopardy. People don't care about child rapists, but the Constitution is about protections. How do I feel about these guys? When I talk to my clients I don't presume to think what they'll do in the future. I believe in redemption. I don't look at them as sexually violent predators, I see them as sad sacks. They have to register; they could be hounded from county to county; even for a tiny crime they'll be put away. Their lives are in ruin. I pity them."

But not goat entrails, surely. The animal rights crowd would never stand for it.

A report from Porto Alegre on the "antiglobalization" movement.

The Bush Administration is turning into one big rehab center for the Iran/contra schemers of the Reagan/Bush White House. The latest case involves retired Adm. John Poindexter, who's been hired by the Pentagon to head a new agency, the Information Awareness Office. Created after September 11 by the Defense Advanced Research Projects Agency, it is developing high-tech systems to provide government officials immediate access to new surveillance and information-analysis systems. Its focus, of course, includes terrorist groups.

Poindexter certainly has extensive experience dealing with terrorists. As Ronald Reagan's National Security Adviser, he was a key mover in the Iran/contra scandal of the 1980s, when the Reagan White House tried to pull off a secret arms-for-hostages deal with the terrorist-supporting regime of Iran. Poindexter also was one of the few Reagan officials who, according to the available evidence, knew that proceeds from the arguably illicit arms sales to Iran were diverted to the Nicaraguan contras. He later testified that he had deliberately withheld information from Reagan on the diversion because "I wanted the President to have some deniability so that he would be protected."

After the arms-for-hostages deal became public in late 1986, Poindexter "repeatedly laid out a false version" in order to distance Reagan from the most questionable weapons transactions, according to Iran/contra independent counsel Lawrence Walsh. Poindexter, with his aide Oliver North, also attempted to shred and destroy records regarding their Iran/contra activities.

Poindexter was tried and convicted of five felonies, including obstructing official inquiries and lying to Congress. He was sentenced to six months in prison. But he walked. In a two-to-one decision in 1991, the Court of Appeals for the District of Columbia overturned Poindexter's convictions on the ground that his trial had been tainted by his immunized Congressional testimony. (North, convicted of three counts, avoided jail for the same reason.) This was escape, not vindication. Since leaving government service, Poindexter, a physicist by training, has been active as a military technology consultant. But the record remains: Poindexter admitted withholding information from his boss, he destroyed government documents and he misled official investigators. Does that sound like someone to entrust with a new government agency?

No problemo for the Bushies. They have happily provided homes to other Iran/contra reprobates. Elliott Abrams, who as Assistant Secretary of State for Latin America in the Reagan years supervised contra policy, pleaded guilty to two charges of withholding information from Congress. Today, the fellow who downplayed reports of military massacres in Central America works for the National Security Council, overseeing human rights and democracy issues. (Abrams was pardoned by Bush I.)

Otto Reich ran a State Department office during the Iran/contra affair that "engaged in prohibited covert propaganda," according to a government inquiry. Now he has Abrams's old job at State. John Negroponte was US Ambassador to Honduras and facilitated a clandestine quid pro quo deal, under which the Reagan Administration sent aid to Honduras in return for Honduran assistance to the contras, at a time when Congress had banned the Administration from assisting the contras. Negroponte's embassy also suppressed information about human rights abuses committed by the Honduran military. Negroponte is currently our UN ambassador.

Perhaps the most significant Iran/contra rehabilitation concerns the President's father: "41" was an Iran/contra ringleader who lied about his role. After the scandal broke, Bush claimed he had not been "in the loop." But according to documents later released, he had attended high-level meetings on the Iran initiative and had participated in the Administration's quid pro quo with Honduras. It was only after Bush I was bounced out of office that his personal diary notes--long sought by investigators--became available. His entry for November 5, 1986 (two days after the Iran initiative was revealed by a Lebanese weekly), reads, "I'm one of the few people that know fully the details.... This is one operation that has been held very, very tight, and I hope it will not leak." That boastful note wins Bush the Elder a top spot in the roster of Iran/contra prevaricators. Yet he went on to become a rather important adviser to a high-ranking member of the present Administration.

There has been one exception to the all-is-forgiven rule at the Bush II White House. In October, Duane Clarridge, a CIA official involved in the scandal who was indicted for lying to Congress, was set to become an assistant in the NSC's counterterrorism office. But then the White House yanked the welcome mat. In speaking to one reporter, a disappointed Clarridge cited Abrams, noting that, unlike Abrams, he had not pleaded guilty. (Clarridge was pardoned by Daddy Bush before his case could be tried.) Poor guy, he does have a point. Why embrace Abrams--and Poindexter, Reich and Negroponte--but not Clarridge? Was secretly mining Nicaragua's harbor, a Clarridge initiative that earned a World Court ruling against the United States, worse than shredding, or lying to Congress, or covering up human rights abuses?

So is there anyone left to be rehabilitated? Oliver North has a good gig at Fox News, where he shares his expert opinions on how to deal with terrorists. (Sell them missiles and bring them a nice cake?) Richard Secord, the wheeling-dealing general-turned-arms-merchant who managed North's secret contra supply operation, may well be seeking business opportunities arising from the war on terrorism. Perhaps retired Gen. John Singlaub could be assigned a mission. Recently, at a conference of conservatives I bumped into Singlaub, who ran the World Anti-Communist League in the 1980s and plotted with North to raise money covertly for the contras from foreign countries. Are you active these days? I asked. "Yes," he said, adding no more. Same sort of stuff as always? "Yes," he replied and shifted his feet. Like what? I asked. He stalked off. The man can still keep a secret--sign him up. By the way, Robert McFarlane, Poindexter's predecessor as National Security Adviser and a co-author of the Iran deal and the contra policy, re-emerged in October as an adviser to an anti-Taliban Afghan fighter who was ambushed and killed during a botched operation. Maybe there's a spot available for him. When it comes to personnel, Iran/contra is no stigma for the Bush clan. In most instances, it seems to be a mark of honor.

The legendary Surrealist exhibitions of the late 1930s and early 1940s were Surrealist in spirit and secondarily Surrealist in content. In 1942, for example, an exhibition called "The First Papers of Surrealism" was installed at the Whitelaw Reid mansion on Madison Avenue in New York, and those that attended it were far more likely to remember the show itself than any of the works on display. It was designed by Marcel Duchamp, using one mile of string to weave a sort of spider's web from floor to walls to ceiling, which visitors had to climb through to look at the art hung on temporary display panels. Moreover, they had to put up with a crowd of schoolchildren, boisterously playing ball or skipping rope or chasing one another through the show. The children were instructed to say that Mr. Duchamp said it was OK for them to play there, if anyone raised the question. It was an ideal way to subvert any propensity to seek a rich aesthetic experience in contemplating the art, and by indirection to demonstrate that it was not the point of Surrealist art to be an object of aesthetic contemplation in the first place. Duchamp disdained aesthetic response--"That retinal shudder!" as he dismissed it in a late interview.

Duchamp had also installed the legendary International Exposition of Surrealism at the Galerie Beaux-Arts in Paris four years earlier. There he arranged to have the ceiling hung with 1,200 coal sacks that, though empty, showered residual coal dust on the throngs below, who were supplied with flashlights to see the paintings hung in shadows. Upon entering the show, visitors encountered Rainy Taxi by Salvador Dali--an ancient taxicab on which water poured down from the ceiling. The driver and passenger were both mannequins, the former equipped with a shark's head and wearing goggles, the latter a frump covered with escargots, and both placed on a bed of lettuce.

These exhibitions achieved the same shock of incongruity that was intended to characterize what one might think of as Surrealist experience in general, as expressed in one of their favorite paradigms from a text by Isidore Ducasse, a k a le Comte de Lautréamont: "The chance meeting on a dissecting table of a sewing machine and an umbrella." There is a 1920 photograph by Man Ray of a mysterious object, wrapped in a heavy blanket and bound with rope. It was used as the frontispiece of the first issue of a magazine, La Révolution surréaliste, the readers of which would immediately have inferred from its title--"The Enigma of Isidore Ducasse"--that the wrapped object must be a sewing machine. Visitors to non-Surrealist exhibitions of Surrealist art--such as "Surrealism: Desire Unbound," on view at New York's Metropolitan Museum of Art through May 12--might be let in on the secret by a wall label reading: "sewing machine, wood, fabric, card." But without knowing the identity of Ducasse or the text alluded to, the point of the work would be lost on them.

Surrealism was essentially a literary movement, whose primary products were books, magazines, poems, letters and manifestoes. These in fact form a considerable part of "Desire Unbound," which, together with the many aging snapshots of groups of smiling Surrealists, could with equal suitability have made up a show at the Morgan Library or some comparable venue. Art itself was largely peripheral to the movement, serving, like Man Ray's photograph, to illustrate the essentially philosophical ideas of the writers, who were chiefly poets and what one might term aesthetic ideologists, tirelessly taken up with defining what we might term "Surrealist correctness." At least in the early stages of the movement, one of their questions was whether painting was even a Surrealist possibility. Ironically, the writers have become the subject of scholarly specialization, while Surrealism itself is widely identified with a body of paintings, pre-eminently those of Dali--desert landscapes in acute perspective, on the floor of which various objects, often teeming with ants, cast sharp shadows. It was Dali who designed the dream sequence in Alfred Hitchcock's film Spellbound--and it is his idiom that has been universally appropriated for the representation of dreams.

It is with reference to dreams that Surrealism was initially formulated in André Breton's First Surrealist Manifesto of 1924. What excited Breton about dreams was the fact that what happens in them defies reason and certainly common sense. But for just the reason that dreams cannot be captured in the discourse we use in our waking lives, they were, until Freud, relegated to parentheses that we felt no need to incorporate into the narrative of our lives. Breton was convinced that this was, in effect, throwing away something of inestimable value, and in the Manifesto he described a method of writing that makes the dream accessible to our waking consciousness. This, in effect, is a kind of automatic writing--writing that as far as possible is uncontrolled by our critical faculties. The resulting pages will be impossible to appreciate in the ways in which ordinary writing is appreciated. "Poetically speaking," Breton says, "they are especially endowed with a high degree of immediate absurdity." Nevertheless, what we have done has somehow brought the dream before our conscious minds, and what we have is at once reality and dream, hence a kind of "absolute reality." Surrealism is then the method through which this absolute or "sur-" reality is made available to us as a resource to be used. Here is Breton's definition:

SURREALISM, noun, masc. Pure psychic automatism by which it is intended to express, either verbally or in writing, the true function of thought. Thought dictated in the absence of all control exerted by reason, and outside all aesthetic or moral preoccupations.

I have italicized "either verbally or in writing" to emphasize that Breton does not mention either singing or playing, or drawing or painting. There is little if any Surrealist music, though one might think that jazz would exemplify psychic automatism to perfection. Breton thought Surrealist music was impossible, probably because music lacks the dimension of realism that is a precondition for sur-realism--an objection that would be overcome in the case of opera, and indeed my musical informant, Lydia Goehr, has told me of a Surrealist opera, Julietta, by a Czech composer. Painting, on the other hand, met the criterion of realism, but as far as the Surrealists were concerned, it lacked the spontaneity of writing or speech. Dali painted like an old master, using perspective and chiaroscuro, building up glazes, creating illusions. There is no way it could have been done automatically, or without rational control. So by definition, his painting cannot be Surrealist. It would be like transcribing a dream in rhymed verse. The most that can be said is that he illustrates strange conjunctions and encounters, directed, as it were, by a strong artistic will.

One might say that the visual arts became admitted to Surrealism only when artists found ways of working more fluidly. Max Ernst's marvelous collage narratives, in which he clipped and pasted images from old engravings, recommended themselves to the Surrealists. Miró, who actually used writing in his paintings together with images, was also accepted. When Breton encountered the sculpture of Giacometti, it was as though he at last found someone who seemed to dream while awake, in the medium of clay and plaster.

In truth, it was mainly the painter Matta who found a way of drawing automatically and hence surrealistically. And Matta taught the New York painters--especially Pollock and Motherwell--how to do this. Psychic automatism evolved spectacularly into what we now think of as Abstract Expressionism, and it was through the chance encounter of Right Bank Poets and rednecks like Pollock on the dissecting table of Manhattan that American artists were able to produce work that Motherwell describes as "plastic, mysterious, and sublime"--adding that "no Parisian is a sublime painter, nor a monumental one, not even Miró." But Abstract Expression was never "Surrealist" in the sense in which Dali's images were. It was as though there were two dimensions to Surrealism--psychic automatism and absurdity. The latter does not figure in Breton's definition, but it certainly figures in what we might call Surrealist sensibility.

I learned a certain amount about what it would have been like to be a Surrealist from Robert Motherwell, who as a young artist in New York in the early 1940s became a kind of guide to Breton and a cadre of other Surrealists, then in exile in New York, where they endeavored so far as possible to re-create the form of life they'd lived in Paris. Twice a week they would gather for lunch at Larre's, an inexpensive French bistro on West 55th Street, and proceed afterward to Third Avenue, at that time lined with all sorts of secondhand stores and antiques shops. The activity for the afternoon was to decide which of the objects on display were Surrealist and which were not. It was a fairly serious matter to be wrong about this. Matta would have been disgraced when he misidentified as Surrealist a certain gargoyle head--until Duchamp intervened, saying that maybe he had a point. Duchamp, listed as Generateur-Arbitre (producer and arbitrator) in the catalogue for the 1938 exhibition, was not officially a Surrealist, but Breton regarded him as having perfect pitch when it came to what possessed surreality and what did not.

A famous such object was a curious wooden spoon Breton and Giacometti had found at the flea market in Paris. A little shoe was carved just under the spoon's handle. It struck Breton that the whole spoon could be seen as itself a shoe, with the little shoe as its heel. He then imagined the possibility that its heel was another shoe, with a heel of its own, which itself was a shoe...and that this could go on to infinity. The spoon he saw as an example of "convulsive beauty" in the sense that it revealed through its structure a state of mind, which consisted in a desire for love. There is a photograph, again by Man Ray, of this found object with the descriptive title "From the height of a little slipper making a body with it..." which was published in Breton's book L'Amour fou. There would be no way of telling from the photograph--or from the spoon itself--that it had convulsive beauty, or the evasive property of surreality. And I am uncertain whether it has either of these intrinsically, or only for the individual to whom it reveals, the way a verbal lapse does in Freud's The Psychopathology of Everyday Life, a state of mind that would otherwise have remained unconscious. At the very least, some fairly elaborate chain of interpretation--as again in the The Psychopathology of Everyday Life--has to be supplied. Surrealism was a taxing and fully absorbing form of mental activity.

In the First Surrealist Manifesto, Breton mentions having become aware of a certain "bizarre sentence" that came to him "bearing no trace of the events with which I was involved at the time." He was unable to remember the exact wording, but it generated the writing he subsequently identified as Surrealist. The little spoon, as it happens, helped unpack a different such phrase, one that had been obsessively running through his mind--"Cendrier-Cendrillon"--which means "Ashtray-Cinderella." Breton refused to learn English, not so much, I believe, out of the vanity that is threatened when we lose the fluency of our native tongue but because we dream in our own language. The terms "ashtray" and "Cinderella" have no obvious connection, but "cendrier" and "Cendrillon" have a common root--the French word for cinders or ashes, which enables them to be conjoined in free association. Breton went so far as to ask Giacometti to make an ashtray in the form of Cinderella's slipper. But he remained baffled by "Cendrier-Cendrillon," and somehow the slipper spoon helped clarify the emotional state that expressed itself through the conjunction. But you have to read L'amour fou to find out how.

L'amour fou brings us to "Desire Unbound"--since unbound desire is exactly what L'amour fou is. Desire--and in particular erotic desire--is the theme of the Metropolitan exhibition. With qualifications, everything in the show possesses surreality--or convulsive beauty--providing we understand how to unlock it. The most helpful thing to understand is that aesthetics was never a central Surrealist preoccupation, so looking for an aesthetic experience here will not get you to first base. You have to look at the exhibits the way those displaced Surrealists looked at the objects on view in shop windows sixty years ago, trying to decide which were the Surrealist objects. Motherwell told me that his problem in playing that game lay in the fact that he had been brought up to look at antiques aesthetically. His mother was an antiques collector. But he got a kind of education surréaliste in those afternoons spent peering through dusty shop windows, tutored by Breton and Duchamp. With a sigh of what I felt was despair, he said, on one occasion, that the whole world was beginning to look surrealistic to him. But that, as he of course knew very deeply, was a metaphorical truth. The world seemed pretty crazy when the International Exposition of Surrealism took place in Paris in 1938. France was falling apart, German planes were bombing Barcelona, Germany was poised for conquest. The Surrealists were not aiming for the kind of experience that could be had from reading the headlines.

But neither did they think that the creation of the surrealistic was their unique contribution to art. The surrealistic existed avant la lettre. The Surrealists found it present throughout the history of art--in Hieronymus Bosch and in Hans Baldung Grien for obvious reasons, in Seurat's La Grande Jatte for less obvious ones. The first gallery in the show is given over toGiorgio de Chirico, whom the Surrealists took as a predecessor, and the second one to Dada, many of whose members, especially Max Ernst and Marcel Duchamp, were to make substantial contributions to Surrealism when it emerged as a movement in the 1920s. But the first object one encounters in entering the show--Venus aux tiroirs, 1936--a plaster Venus in whose torso Dali had placed a number of small drawers, as in a jewelry case, each with a fur-covered knob--is self-consciously Surrealist. Fur seemed by itself to confer surreality when adjoined to any object, the use of which seemed to rule fur out as a material--like a teacup, for example. No survey of Surrealism would be complete without Meret Oppenheim's 1936 fur-lined teacup, which somehow is like a dream object rendered concrete. One can see why. The last thing one expects, lifting a teacup to take a sip, would be the feeling of fur on one's lips. It happens only in dreams, where it would seem to disguise an obvious reference and a no-less-obvious repressed wish. Oppenheim had a genius for finding ways to express genital references through everyday objects, and much of Surrealism was taken up with such disclosures. There is a photograph by Man Ray of an unidentified woman, her head thrown back so that we see the lines of her jaw from below. But then, with the irresistibility of an optical illusion, the neck convulses into the shaft of a thick penis, with the jaw becoming the glans--and the image looks like a huge penis coming out of a woman's shoulders. Surrealist objects are displacements of the objects of desire with which the world around and within us abounds--though a lot of good it does us so far as the gratification of desire is concerned. Perhaps that is why it seems to constitute the constant preoccupation of mental life, which surfaces distortedly in our dream life.

The great emblem of unfulfilled and perhaps unfulfillable desire is Duchamp's 1915 masterpiece The Bride Stripped Bare by Her Bachelors, Even, usually referred to as The Large Glass. A display case here holds notations and sketches for the work, and there is a painting of the bride in Duchamp's Cubist manner. The stripping has gone so far that the flesh has been taken away, and what we see looks like her reproductive system, including a schematized uterus. She is suspended in an upper chamber, separated by a glass shelf from her "bachelors"--a chorus of "malic forms" in the lower chamber. The two chambers are united and separated by an erotic desire that leaves everyone at once unsatisfied and inseparable. Duchamp, as is well-known, took a female identity for himself as Rrose Sélavy--Eros, c'est la vie--and was photographed wearing a woman's hat, makeup and furs by--who else?--Man Ray. In one of his most famous works--a postcard of the Mona Lisa on which he drew a mustache and goatee--Duchamp sought a reverse transgendrification. Magritte showed the female torso as a readymade pun on a male face, with the nipples as goggle eyes, and the pubis as beard. In Surrealist thought, male and female are often transcriptions of each other, as in the myth of Aristophanes that once upon a time we were a single being, male and female at once, and that ever since we have longed, in futility, for our other half. In Surrealism, though, the split was not clean--each of us bears something that belongs to our sexually opposite number.

The Surrealists did have robust love lives, and the heart of the show--no pun intended--exhibits the cat's cradle of their relationships: Gala with Paul Eluard, Man Ray and finally Dali; Max Ernst with Leonora Carrington and Dorothea Tanning; Eluard with Nusch; Man Ray with Meret Oppenheim and Lee Miller; Louis Aragon with Elsa Triolet; Breton with Nadja and Jacqueline Lamba. And there were plenty of secondary loves as well. Many of the women were artists in their own right, and it is a merit of the show that a lot of their work is shown. I'll end with one of my favorite lines from a Surrealist poet, Robert Desnos, bound to two women--Yvonne George and Youki Foujita--by l'amour fou: J'ai tant rêvé de toi que tu perds ta réalité. ("I have dreamt of you so much that you have lost your reality.") The line is logically equivalent to: "I have dreamt of you so much that you have gained surreality." The beauty of the objects of Surrealist desire became convulsive through dreams. May this become true for us all!

VICTORY FOR LOW-POWER RADIO OPERATORS

The Court of Appeals for the DC Circuit has given an important boost to the cause of low-power FM radio--those small, limited-range, noncommercial stations that give voice to community concerns ignored by remote, conglomerate-owned broadcasters. The court held unconstitutional a "character" provision in the Radio Broadcasting Preservation Act that prohibited awarding microradio licenses to applicants who had "engaged in any manner in the unlicensed operation of any station in violation" of the Federal Communications Act's original ban. The RBPA was passed after the FCC lifted the ban on microradio stations in an effort to increase diversity on the airwaves. Corporate broadcasters (and National Public Radio) successfully lobbied to limit the frequencies available to low-power stations, claiming they interfered with the broadcasters' signals. The "character" provision was added to the RBPA to blacklist the passionate low-power broadcasters who had broadcast as an act of civil disobedience to protest the original FCC ban. The court ruled that this part of the law had no rational purpose and was intended to punish the protesters and keep them off the air.

GIULIANI'S PAPERS GRAB

After finishing his term as New York mayor in a glow of post-September 11 glory, Rudy Giuliani reverted to his old control-freak self. He made a quickie arrangement transferring all his mayoral papers to a private storage facility under his control. He says they'll be available but reserves the right to withhold any papers he deems of "private interest." Never mind that a mayor's papers belong to the city. All previous mayors have sent theirs to the municipal archives, where they are accessible without conditions to journalists and scholars. Historians, publishers and civil libertarians opposed Giuliani's grab, but Mike Bloomberg, who pays his campaign debts, signed off on the deal. Supposedly the city will determine if a document is public or private, but opponents say Rudy will still have the final say.

THE LATE HARVEY MATUSOW

Back in McCarthyite times, Harvey Matusow was the young ex-Communist who specialized in naming former Communist folksingers before various inquisitorial tribunals. Not only folksingers, though. He once reported that there were 126 Communists in the Sunday Department of the New York Times (the total number of employees was 100). Harvey was proud of the fact that although he started out appearing before the Ohio Un-American Affairs Commission, he eventually worked his way up to what he called "the Palace of informing," Joe McCarthy's Senate committee. Then he got religion and wrote a book, False Witness, recanting his testimony and charging, among other things, that Roy Cohn got him to perjure himself as a witness in one of the Smith Act trials. He came down to The Nation's old offices at 333 Sixth Avenue to see if the magazine could help him find a publisher. Associate publisher Marty Solow did what he could, and eventually the book was issued by Cameron & Kahn in 1955. But the government then prosecuted him for perjuring himself--the second time around. It argued that his book was part of a conspiracy to undermine the Smith Act convictions of the Communist leadership against whom he had testified. And it tried unsuccessfully to implicate Nation editor Carey McWilliams and Solow in the so-called conspiracy. Harvey went on to serve time for perjury, invent a stringless yoyo and work for the homeless. By the time he died, he had changed his name to Job, because of the many misfortunes that had befallen him. Harvey was a sad and comic figure, but his story shows what can happen to a country and a culture when it abandons its democratic values and stampedes in a heresy-hunt masquerading as patriotism.

The President's military budget is 30 percent higher than last year's, the biggest budget hike since the Vietnam War. It's 15 percent higher in constant dollars than the nation spent on average during the cold war, according to Lawrence Korb in testimony before the House Budget Committee. Korb, Assistant Secretary of Defense under Ronald Reagan and now speaking for Business Leaders for Sensible Priorities, pointed out that this year's "increase of $48 billion alone is more than the total military budgets of every nation in the world." Yet Congress will probably give Bush what he wants--and more--because of his high popularity ratings and the fear of being branded soft on terrorism.

This budget abandons all hope of reforming wasteful military procurement and distorts America's priorities at home and abroad. And who benefits? The military-industrial complex, pork-minded legislators and an Administration that puts the interests of military contractors ahead of the nation's, knowing the increases will be paid for with money filched from Social Security, Medicare, education, social programs and people who aren't rich enough to get a tax cut.

Remember when Donald Rumsfeld touted his plans to transform the military? He vowed to cancel a generation of cold war-era weapons, slash waste and forge a quicker, smarter, more mobile force to meet future threats. A year and a war later, emboldened by its victory over the Taliban, the Administration has restored the cold war weapons. It's embarked on what appears to be wars without end. To justify its stratospheric military spending it manufactures a menace--the axis of evil. There is no pretense that any of these countries were connected with the perpetrators of the September 11 attacks. Yet, as Jonathan Schell wrote here, "a radically new policy was presented as a mere expansion of an existing one.... it turns out that phase two is not a war on terrorism at all but a whole series of much larger wars to stop the spread of weapons of mass destruction--history's first disarmament wars." Politically, Bush has apparently decided that phase one, the war on Osama bin Laden, no longer has legs. He needs a permanent conflict if he is not to suffer the precipitous drop in popularity his father did after the Gulf War.

The Administration's talk of overthrowing Saddam Hussein has rightly alarmed Europeans and is fraying the alliance against terrorism. Only Israel approves of placing Iran in the cross-hairs. Targeting North Korea appalled the South Koreans, touching off anti-American demonstrations during Bush's visit to Seoul.

While finding additional billions for defense, the White House torpedoed a European attempt to gain a commitment from the industrial nations to double their foreign aid budgets--although US spending is now the lowest of all those nations. The Administration intends to fight terrorism with guns rather than invest in democracy, education, healthcare or economic development. And its new budget signals the return of unilateralism, meaning Washington will reject any restraints on its actions by the United Nations, NATO or other multilateral bodies.

Democrats who think they can give Bush what he wants for defense and focus on expanding domestic programs are making a bad mistake. After the defense budget is passed the Administration can argue there's no money left for domestic needs. People who oppose Bush's endless wars must challenge his military budget and warn the country about where he's taking it.

The divergence in British and US views on the Middle East has become acute.