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Bruce Shapiro | The Nation

Bruce Shapiro

Author Bios

Bruce Shapiro

Contributing Editor

Bruce Shapiro, a contributing editor to The Nation, is executive director of the Dart Center for Journalism and Trauma, a global resource center and think tank for journalists covering violence, conflict and tragedy.

He has been described as one of the most "sharp and thoughtful" (Washington Post), "perceptive" (Slate) and "nuanced" (Village Voice) analysts on the contemporary American scene.

Shapiro began his career on the fertile journalistic and political terrain of Chicago in the 1970s, where he was a founding editor of the radical magazine Haymarket. He was later co-founder and editor of the New Haven Independent, a weekly newspaper devoted to innovative grassroots muckraking. From 1991-1995 Shapiro was director of The Nation Institute's Supreme Court Watch, a civil liberties watchdog.

Shapiro has written extensively on civil liberties and human rights. For The Nation, Shapiro has reported since 1981 on subjects ranging from the psychopolitics of cults to the privatization of public schools, and dissected national events from the nomination of Clarence Thomas to Bush Administration war crimes.

Shapiro is co-author of Legal Lynching: The Death Penalty and America's Future, with Rev. Jesse Jackson and Rep. Jesse Jackson Jr. (New Press), praised by Washington Post Book World for "intellectual clarity" which "might convince even the strongest supporters that the machinery of death has run its course." His most recent book is Shaking the Foundations: 200 Years of Investigative Journalism in America (Nation Books), called "vibrant and pertinent" by Columbia Journalism Review.

Since 1994 Shapiro has taught investigative journalism at Yale University. He contributes a weekly report on American politics and culture to the Australian Broadcasting Corporation's Late Night Live.

Articles

News and Features

There is probably no punishment more painful to Timothy McVeigh than the great joke just played by the cosmos. In his fantasy life McVeigh has fancied himself a sort of stoic samurai, avenging himself on the FBI for Waco and then committing hara-kiri by halting appeals. In one letter McVeigh referred to his impending execution as a version of "suicide by cop"; he has planned as his last words William Henley's war horse "Invictus": "I am the master of my fate/I am the captain of my soul." It's taken another spectacular FBI blunder to puncture McVeigh's grand delusion. Now Attorney General Ashcroft promises that McVeigh will be executed in Terre Haute on June 11 come hell or high water, but don't bet on it. McVeigh's game is to control his story by any means possible, and he may still play the only Invictus card left in his deck by initiating the appeals he previously rejected.

In the weeks leading up to the May 16 execution date, pundits predicted that McVeigh's execution would restore popular confidence in capital punishment. Instead, we have gotten a national teach-in on one of the defining evils of capital trials: the fallibility and corruption of law enforcement. If the FBI can "misplace" a cache of documents in the most notorious death-penalty case since the Rosenbergs, is it any wonder that nearly 100 factually innocent people have ended up on death row in recent years?

While McVeigh's case has in many ways been historically unique, in this respect it is typical. Back-drawer evidence is part of the everyday landscape of capital punishment in America. According to Columbia University professor James Liebman's remarkable study "A Broken System" (available online at justice.policy.net/jpreport), vital suppressed evidence has led to dismissal of one in five capital cases since 1973. (More than half of capital cases, Liebman found, are dismissed or retried for "grave constitutional error.") When it comes to capital punishment, the last-minute "oops" is the norm, not the exception. That so many executions go ahead anyway is only because of the current Supreme Court's cavalier attitude toward evidence discovered after a death sentence is pronounced. Justice Rehnquist complains of the "enormous burden that having to retry cases based on stale evidence" would demand.

Why did President Bush and Attorney General Ashcroft delay McVeigh's execution? To "protect the integrity of our system of justice," in Ashcroft's words, which he defined as "a more important duty than any single case." In other words, official malfeasance, undisclosed evidence and public uncertainty all demanded a timeout. Fair enough.

In reality, though, in capital cases "the integrity of the system of justice" is already nonexistent. Just since January, judges in Louisiana, Texas, New York and Massachusetts have ordered the freeing of two innocent death-row inmates and four innocent lifers--their stories full of coerced confessions, doctored documents and suppressed evidence. Consider Ronnie Burrell, released from Louisiana's Angola State Penitentiary in January, who came within two weeks of execution in 1996 for a murder he didn't commit. He had been arrested by a small-town sheriff trying to distract attention from his own corruption and was convicted on the purchased testimony of a career con man. All this came out only because his appeal was taken up by a Minnesota corporate lawyer in search of pro bono work who had a family connection to Louisiana.

Unlike Burrell, McVeigh's factual guilt is not in doubt (although the bomber's degree of culpability and mental state could yet form the basis for appeals of his death sentence). If the FBI's suppression of documents in his case, intentional or not, justifies a timeout, what about the rampant errors in dozens of frame-ups like Burrell's? Doesn't the systemic accumulated record of lost evidence, law-enforcement misconduct and outright factual innocence demand a timeout on all executions? In the final irony of the McVeigh case, which so often has managed to pull the system inside out, George W. Bush and John Ashcroft have now offered one of the best arguments yet for a national death-penalty moratorium.

The arrest in France of James Kopp, the accused assassin of Buffalo obstetrician Barnett Slepian, could not have come at a more awkward time for the Bush Administration. Bush inaugurates himself by blocking aid to international family planning agencies and by nominating antiabortion fanatics to run the Justice Department. Then fugitive Kopp surfaces to remind the American public of where
these bottom-line commitments lead.

In 1994 Bill Clinton's Justice Department initiated a grand jury inquiry into
abortion-clinic violence. But FBI agents grumbled that Justice was
wasting their time, and the grand jury folded its tent in January of
1996 after finding no evidence of a national conspiracy. Five years
later, it's clear that Kopp--accused in three nonfatal shootings in
Canada and the United States in addition to the murder of Dr.
Slepian--had a lot of help, the kind of help for which "conspiracy"
is the operative legal term.

So far, investigators have
arrested two antiabortion felons in Brooklyn--Dennis Malvasi,
convicted of a 1987 clinic bombing in Manhattan, and Loretta Marra,
who blockaded clinics with Kopp. They sent Kopp money and stayed in
touch with him through a Yahoo drop box. The circle is almost
certainly wider--and transnational. For the past year Kopp lived in
Ireland, bunking in hostels and mingling with the fundamentalist
breakaway Catholic sect founded by excommunicated Archbishop Marcel
Lefebvre. Kopp managed to acquire at least two separate Irish
identities and passports for himself and a blank Irish passport and
birth certificates for his New York friends, and someone in Ireland
vouched for his references for an employment agency--all of which
makes it obvious that his was not a solo act. Ireland's right-to-life
leaders deny any connection to the assassin, and it's entirely
possible that his support network was American. In the last
half-decade US antiabortion campaigners have moved on Ireland in a
big way, introducing a militancy previously unknown
there.

Speculation necessarily swirls around the followers
of the Rev. Patrick Mahoney of the Washington-based Christian Defense
Coalition. In March 1999 Mahoney led a brigade of forty Americans to
Dublin, where they occupied the offices of the Irish Family Planning
Association and taught their Irish counterparts all-American
blockade-and-intimidation techniques. Indeed, only a day before
Kopp's arrest, Mahoney was slapped with an Irish court injunction
prohibiting him from further harassing the IFPA. Mahoney had tolerant
words in 1997 after Slepian's shooting, and responded to Kopp's
arrest by warning the Bush Administration not to "harass and
intimidate the pro-life movement."

It can't escape notice
that the Kopp conspiracy began to unravel just as the Court of
Appeals for the Ninth Circuit overturned a jury verdict and
injunction on the Nuremberg Files website, which displays
photos of abortion providers and a list with a strike through the
names of assassinated physicians. On March 28 the Ninth Circuit
unanimously found, in the words of presiding Judge Alex Kozinski,
that if the website's rhetoric "merely encouraged unrelated
terrorists," it is protected by the First Amendment.

Kate
Michelman of NARAL called the ruling "a major setback for a woman's
right to choice," and along with Planned Parenthood vowed to pursue
the case to the Supreme Court. To me, Kopp's overdue arrest suggests
a different conclusion. There can be no doubt that the Nuremberg
Files
website contributed to a climate of fear--that the website
is the theory and James Kopp's rifle is the practice. Yet the
emerging facts of Kopp's flight make it clear that keeping The
Nuremberg Files
off the Internet would not have saved Dr. Slepian
or brought the shooter to justice. The important thing is to
investigate real antichoice gangsterism, real shootings, real escape
routes. The important thing is to insist on the continuity between
Kopp and the "respectable" antiabortion agenda of the White House.
Bush and Ashcroft have been assiduously working to accomplish by
executive order what Kopp attempted with a gun: diminishing the
availability of abortion and thus undermining a civil right. This,
and the climate of fear generated by clinic violence, must be fought
with politics, not censorship. And the recent rise of police
surveillance aimed at antiglobalization protesters only makes more
clear the danger of prosecuting an inflammatory publication as if it
were the hand that smashed the windowpane or pulled the
trigger.

Kopp's arrest is full of ironies. The most
antichoice Attorney General in US history is now stuck prosecuting an
antichoice assassin; an Administration wild about the death penalty
must forgo capital punishment to secure Kopp's extradition because
France opposes it. It would be a final, and tragic, irony if
prochoice advocates permit antiabortion thugs like Mahoney to play
the martyr--drawing attention away from the very violence they have
nurtured.

Back during the
presidential campaign, George W. Bush called Clarence Thomas and
Antonin Scalia his favorite Supreme Court Justices--a remark widely
interpreted at the time as just smoke-blowing in the direction of the
right. Guess what--it's time to start taking Bush at his word,
especially when it comes to Thomas.

Just weeks after the
inauguration, Justice Thomas has emerged as the new Administration's
judicial patron saint. The top three officials of the Bush Justice
Department--Attorney General John Ashcroft, Solicitor
General-designate Theodore Olson and Deputy Attorney
General-designate Larry Thompson--are all close Thomas friends.
Thomas even officiated at Olson's wedding (also Rush Limbaugh's) and
Ashcroft's swearing-in. While Thomas's wife, Virginia, shovels
Heritage Foundation résumés into the 1600 Pennsylvania
Avenue personnel department, his former clerk Helgard Walker sits in
the White House counsel's office.

After the Court's Florida
decision, Thomas told a group of high school students that his
famous, baffling reluctance to ask questions on the bench grows out
of his childhood fear of being mocked for speaking Gullah (a black
language) in an all-white seminary class. Maybe, but the vindicating
presence of so many friends in the White House seems to have given
the Supreme Court's Garbo new confidence: After nearly a decade on
the sidelines, in mid-February Thomas emerged into the Washington
spotlight at the American Enterprise Institute (AEI) with a
Castro-length jeremiad on what he views as continuing liberal efforts
to stifle him and other conservative culture warriors.

When
Thomas was nominated for the Court, some African-American and liberal
voices argued that his biography as a black man gave hope that with
time he would moderate his far-right views on affirmative action,
welfare and civil rights. His rulings make their own testimony, of
course, but if that AEI dinner speech is any indication, what is most
remarkable about Thomas is that he has scarcely changed at all,
either in preoccupations or politics. The themes of his speech--a
hodgepodge of cherry-picked libertarian quotes from the likes of
Hamilton, Montesquieu and Thomas Sowell--were instantly familiar to
anyone who waded through his preconfirmation writings as the Reagan
Administration's dismantler of equal opportunity enforcement. Back
then, he praised sports and business as the great crucibles of
character in a free society. In his AEI speech he told of how "the
great UCLA basketball coach JohnWooden taught his players how to play
the game by first teaching them how to lace up and tie their shoes."
Back in 1991, Thomas dodged uncomfortable questions about his friend
Jay Parker, a flack and registered agent for the apartheid-era South
African government. In his speech he went out of his way to praise
Parker as his mentor.

Most of all, what has remained
consistent about Justice Thomas is his swirling hornet's nest of
resentment--that strange combination of megalomania and self-pity
embodied in his famous denunciation of his confirmation hearings as a
"high-tech lynching." At AEI he favorably compared himself and other
conservative culture warriors to Dimitar Peshev, a heroic Bulgarian
civil servant who during World War II secured the rescue of Sofia's
Jews at considerable personal risk. Thomas remains obsessed with the
idea of conservatives as persecuted victims--which, since those
conservatives now run the White House, Justice and Congress, raises
questions about his hold on reality. But the question currently being
floated in Washington judicial circles is whether Thomas, not the
oft-mentioned Scalia, is Bush's favored successor to Chief Justice
William Rehnquist.

Just how bad an Attorney General would John Ashcroft be? And is his nomination worth fighting? To answer the first question, talk to those who have experienced Ashcroft up close and personal. Like Harriet Woods, Missouri's lieutenant governor during the first of Ashcroft's two terms as that state's chief executive: She calls him "a disaster for minorities and for women." Or like retired Missouri Supreme Court Judge Charles Blackmar. Blackmar--a Republican appointee--accused Senator Ashcroft of "tampering with the judiciary" by blocking the federal court nomination of the amply qualified Missouri judge Ronnie White. Ashcroft opposed Judge White, an African-American, on the ostensible grounds that he voted against too many death sentences, leading Blackmar to this pungent assessment of the philosophy guiding Bush's chief law officer in the the crucial job of appointing federal judges: "The senator seems to take the attitude that any deviation is suspect, liberal, activist."

Ashcroft's sense of what constitutes "deviation" is broad even by the standards of the right, and his hard-line opposition to abortion isn't the half of it. The list of things Ashcroft is on record opposing is a catalogue of American social progress: contraception, school desegregation, solar energy, government assistance for woman- and minority-owned businesses, fuel efficiency standards for cars, workplace-discrimination protection for homosexuals, campaign finance reform and the nuclear test ban treaty. As governor, he even prohibited over-the-candy-counter sale of bonbons with liqueur centers.

It is African-Americans who will first take it on the chin from an Ashcroft Justice Department. As Missouri attorney general in the 1970s, Ashcroft initially honored the moderate, integrationist legacy of his mentor and predecessor, John Danforth. But he soon learned the value of playing hard-line race politics, fighting tooth and nail against desegregation of the massively unequal schools in Kansas City and St. Louis all the way to the US Supreme Court and spurning every attempt at an out-of-court settlement. Ashcroft won a tough GOP primary for governor in 1984 with attack ads accusing his opponent of being soft on desegregation. In the words of the St. Louis Post-Dispatch editorial page, he has "built a career out of opposing school desegregation...and opposing African-Americans for public office."

Reports have it that Bush's first favorite for AG was the more moderate Governor Marc Racicot of Montana--who, the story goes, was shot down by the far right. That creative spin control allows the administration-elect to play to both its flanks--deferring to the right with the nomination while assuaging moderates with the fiction that this nomination doesn't reflect Bush's deepest convictions. In fact, Ashcroft's nomination embodies one of the fundamental lessons of the first George Bush Administration: that the justice system is the arena that counts for right-wing patronage. The permanent elite of Republican technocrats like Donald Rumsfeld can have the run of the store as long as Justice turns out a steady stream of antiabortion briefs and far-right judge nominees.

Watch for a confirmation strategy that echoes fellow Danforth protégé Clarence Thomas in 1991, beginning with Ashcroft lobbying individual senators, followed by a confirmation narrative emphasizing Ashcroft's childhood--how his minister father befriended black missionaries--over the substance of Ashcroft's record as segregationist and antichoice absolutist. Once again, leading the Senate Judiciary Committee Democrats will be Joe Biden, whose vanity and strategic incompetence contributed mightily to Thomas's narrow confirmation. Biden, reprising his fatal 1991 indecision, has declared he is "inclined" to support Ashcroft.

So is this a nomination worth fighting? Other Bush Cabinet nominees also pose direct threats to specific constituencies, but there is real urgency to laying down a marker on Ashcroft. The threat his nomination poses cuts across constituencies and issues, and the stakes are every bit as high as in the Clarence Thomas and Robert Bork Supreme Court nomination fights. The Justice Department has expanded its authority as has no other agency in recent years. Through appointments to the federal bench, Supreme Court arguments and priorities, the appointment of US Attorneys and the enforcement of civil rights and antitrust law, any Attorney General can change the country in profound ways. All the more so with Ashcroft: not just because of his regressive constitutional views but because Bush appears likely to vest more power in his advisers than any President in memory.

And this is a fight that is winnable, despite Biden's early bumbling and the irrelevant conventional wisdom that the Senate will defer to one of its own. (Remember John Tower, whose Senate record could not rescue his nomination as Bush Senior's Defense Secretary?) The Clinton impeachment hearings and trial showed repeatedly that most Americans have little patience with moral extremists like Ashcroft, and it shouldn't take much to convince a broad segment of the public that he is out of touch. Civil liberties and corporate regulation have a currency and a constituency they lacked when public-interest groups beat Bork in 1986. With public support for the death penalty falling, with even GOP governors questioning the wisdom of the drug war, with Republican Supreme Court Justices reaffirming Roe v. Wade and a Republican Congress softening the Cuba embargo, Ashcroft looks like a dinosaur, the anachronistic spawn of Strom Thurmond and Jesse Helms.

Besides, whatever the outcome, a fight against Ashcroft will generate rather than expend political capital for civil rights and civil liberties advocates. Democrats gained from the Bork and Thomas confirmation fights as the public became educated about the real agenda of conservatives and as Beltway-bound liberal lobbies reconnected to grassroots constituencies. There is every reason to think Ashcroft could be defeated--and even if he is not, fighting his confirmation could lay the foundation for a new coalition, a shadow Justice Department that will dog the Bush Administration's every judicial nomination and every reversal of civil rights. This is no time to roll over.

The governor issued a moratorium on executions in Illinois a year ago, after investigative-reporting students and their professor saved an innocent man from the death chamber.

When Pat Buchanan showed up to tout his new book on Tim Russert's CNBC show, Russert asked about his recent lunch date with Lenora Fulani, former presidential candidate of the New Alliance Party.

Dylan Klebold "is intelligent enough to make any dream a reality," a juvenile court counselor wrote last year.

A short walk from my home in New Haven stands the farm of that prototypical Connecticut Yankee, Eli Whitney. In 1798 Whitney hit on a bold new scheme: interchangeable parts for muskets.

Not so long ago politicians campaigned by kissing babies. Today, they
lock children in jail.