When you read this, George W. Bush may be President, which will most likely mean that his lawyers, his brother Jeb and his Florida campaign co-chair and ambassadorial wannabe Katherine Harris succeeded in short-circuiting the manual recounts in Florida that had Al Gore's total edging upward. Or Gore--who, as we went to press, said he would abide by the results of a limited or, if Bush preferred, statewide hand recount--may have wrested victory from the jaws of premature concession because the hand-counted chads were hanging his way.
The bromide "every vote must count" has oft been uttered, but the Florida election ripped the veil off the many ways votes can be made not to count. Such as: Secretary of State Harris's refusal to redress blunders like the mysteriously unrecorded 6,600 presidential-line votes in Broward County; her selective tolerance of a 5 percent error rate in Florida's voting-card machines in an election with a far narrower margin; improprieties in the handling of GOP absentee ballots in Seminole County; closings of polling places in certain black precincts while voters were still waiting in line; and denial of requests for Creole interpreters.
In tandem with these ward-heeler power plays went the Bush forces' relentless stealth attack on democracy--the strategy seemed to be to sow confusion and doubt about the counting process. Leading the spinners was the pompous ex-Secretary of State James Baker, whose phalanx of lawyers sought an injunction in federal court--never mind the hypocrisy of champions of states' rights trying to overturn state elections laws. Federal judge Donald Middlebrooks gave these ploys short shrift and underscored that recounts are not aberrations in our system but routine occurrences, which a body of state and local law exists to handle.
The polls showed that a majority of Americans approved of the idea that the votes be fully and fairly counted; it was mainly the conservative punditocracy and academic talking heads who called for Gore to fall on his sword. We were reminded of the run-up to impeachment, when some of these same tribunes were hectoring President Clinton to resign rather than "put the country through" a period of instability threatening to undermine democracy and the Free World. Such warnings were dusted off for Baker's PR drive, enlivened with dire threats that the market would go south if a recount continued (upon which the market, driven by its inner neuroses, went up). Conveniently forgotten was the fact that there's a President on the job until January 20.
As the legal/political maneuvers unfolded we were struck by the relevance of what contributors to this issue, among them Lani Guinier, Theodore Lowi and William Greider, are saying from different angles: First, that democracy is messy and unpredictable--something the elites abhor--and all the more reason to insure that every vote is duly counted; and second, that over the long term the aftermath of this election may be more important than the question of which contender wins the race--if it galvanizes citizens to take a fresh look at the American way of voting. Right now we live in a drafty old house, and our contributors propose some practical ways to fix the roof and shore up the foundation. As Americans have learned throughout history, our rights periodically have to be wrested back from elites trying to take them away--as the Bush team was caught doing in Florida.
A proposed 14.2 percent postage increase for periodicals was swept aside by the Postal Rate Commission in a recommendation issued on November 13. The five-member presidentially appointed commission approved increases that average just under 10 percent. In our view that's just about 10 percent too much, given that the Postal Service is--the Internet notwithstanding--the circulatory system of our democracy. The Nation was among the witnesses cited in the commission's 1,000-page opinion who warned about the potentially destructive impact of the proposed rate hikes on journals of opinion.We were pleased that the commission recognized these magazines as a category worthy of separate consideration, but next time we hope to persuade them that it's as wrong to tax ideas through postal-rate increases as it was to tax tea in colonial times.
Katha Pollitt is not writing a column this week; she will be back in two weeks.
HEARING THE OTHER SIDE
At a time when Israeli opinion has hardened against peace efforts, 120 Palestinian academics and activists published an "urgent statement to the Israeli public" as a paid ad in Israeli newspapers on November 10. The statement called for "a final historic reconciliation that would enable our two peoples to live in peace, human dignity and neighborly relations." The signers argued that the Oslo accords have been used to camouflage expansion of settlements and the continuing expropriation of Palestinian land. It said that freedom of movement for Palestinians has been severely curtailed while settler violence against Palestinian communities continues. Resolving current inequities within the framework of the Oslo agreements with exclusive American "brokerage" was now impossible. Four principles were declared to be essential to a just peace agreement: Ending the occupation of the territories captured in 1967; Palestinian sovereignty over East Jerusalem and recognition of the city as the capital of two states; Israel's acknowledgment of its responsibility in the creation of Palestinian refugees in 1948; and mutual respect for spiritual and historical sites.
When the history of this year's presidential campaign is written, the addiction of both Bush and Gore to the obsolete politics of capital punishment will rank high in the annals of moral insensibility and cowardice. In the final debate they fell all over each other agreeing that the death penalty serves as a deterrent to murder. Never mind the polls showing a steadily eroding public support for it and growing alarm about tainted convictions. Even Janet Reno admitted a few months ago that "I have inquired for most of my adult life about studies that might show the death penalty is a deterrent, and I have not seen any research that would substantiate that point."
Just how remote the capital-punishment rhetoric of this campaign is from reality is suggested by a ruling from the Court of Appeals for the Fifth Circuit in the case of Calvin Burdine, who sits on death row in Huntsville, Texas. Burdine's court-appointed lawyer, Joe Cannon, slept through long stretches of his trial, a practice frequently ratified by Texas courts [see Bruce Shapiro, "Sleeping Lawyer Syndrome," April 7, 1997]. Federal District Judge David Hittner threw out Burdine's conviction, but on October 27 a Fifth Circuit appellate panel reinstated it. The two-judge majority--including Judge Edith Jones, a favorite Republican prospect for the Supreme Court--claimed that the record failed to show whether the lawyer's naps came during "critical" phases of the life-or-death proceeding. The panel's lone dissenter, Judge Fortunato Benavides, wrote that the circumstance of Burdine's trial "shocks the conscience."
What is conscience-shocking is not just Sleeping Joe Cannon but the entire capital-justice apparatus. Recently the Quixote Center of Maryland released a dramatic study documenting sixteen people executed in six states, despite late-appearing evidence questioning their guilt or the exposure of massively unfair proceedings. A typical case in the report is that of Brian Baldwin, executed in Alabama in June 1999, even though his confession was coerced, his court-appointed lawyer never conducted an investigation, a co-defendant later confessed and exonerated Baldwin, and an Alabama court found that the prosecutor routinely practiced "deliberate racial discrimination."
Clearly, we need a national timeout on executions. Thirty-five cities nationwide--most recently Greensboro and five other municipalities in conservative North Carolina--have endorsed such a moratorium. As legal scholar Anthony Amsterdam said in October in his keynote address to the American Bar Association's annual convention, the system is "fatally unjust and prone to error." And that also applies to the federal court system, in which a recent study showed widespread racial bias in death sentences. The first federal execution since the Kennedy years is set for December unless President Clinton intervenes, as he certainly should. Senators Carl Levin and Russ Feingold and Representative Jesse Jackson Jr. have introduced legislation that, in varying ways, would put executions on hold. Their bills deserve vigorous support.
A postscript to the Bush-Gore deterrence theory: According to the FBI's Uniform Crime Reports, released in October, while violent crime is declining nationwide, it is up in the execution capital of the country, Texas.
One of the most remarkable--but unremarked, other than superficially--aspects of globalism is its erosional effect on the role of the state as we've known it since the 1648 Peace of Westphalia. Indeed, as Nation editorial board member Richard Falk notes in opening Human Rights Horizons, "The sovereign state is changing course due primarily to the widespread adoption of neoliberal approaches to governmental function.... There exists a broad cumulative trend toward the social disempowerment of the state," and "market forces operate as an impersonal agency for the infliction of human wrongs." Advancing their cause despite the privatizing of government functions--the ultimate in deregulation--may be "the most pressing framing question for human rights activists," Falk asserts in this scholarly meditation.
Falk moves between the specific and the general, whether geographically (from Rwanda to Kosovo to the Gulf War) or institutionally (the UN, NATO, World Bank, IMF), to try to tease out the foundations and implications of a new world moral order. He eschews easy answers--"it remains premature at this point to set forth 'the lessons of Kosovo'"--and is skeptical, yet he presents signs of hope: Global media provide "vivid images...of popular activism and makes the struggles in one setting suggestive...in another," for instance, and in one of its dynamics, globalization "is creating a stronger sense of shared destiny among the diverse peoples of the world."
Pacifica listeners, the most politically pumped-up demographic in Radioland, are taking to the e-mails again. This time they're galvanized by what they see as a move to oust Amy Goodman, for many years co-host and heart and soul of Democracy Now!, a popular news program that showcases the network's avowedly radical take on the world.
The facts are: Goodman was ordered to institute certain changes in the program's operating procedures, to which she objected as unduly burdensome. There were other demands as well relating to more control over her public speaking engagements. If she did not comply, management threatened "disciplinary actions up to and including termination." Goodman struck back by filing a list of grievances through her union, AFTRA, charging various forms of harassment.
Many listeners feel that management's move against Goodman, ostensibly to "professionalize" the operation, is really an attempt to bland down the show. Our main concern is that Democracy Now! be preserved under Goodman and her current co-host, Juan Gonzalez. The program has broadcast a string of scoops and garnered some of radio's highest awards. It features the kind of hard-nosed investigative reporting that only noncommercial radio can do. Its series on the Chevron Oil company's collaboration with the murderous Nigerian dictatorship won a George Polk Award (see Goodman and Scahill, "Drilling and Killing," November 16, 1998, and "Killing for Oil in Nigeria," March 15, 1999). Goodman's reports from East Timor with Allan Nairn resulted in a documentary that collected numerous awards. Democracy Now! has covered a host of other stories that the mainstream media ignored or on-the-other-handed to death. Its reports on the Republican and Democratic conventions focused on the corporate domination of these political trade fairs, still another example of what alternative radio can do that the commercial networks won't.
Even the often admirable National Public Radio has sunk to the practice of corporate underwriting; it recently (and disgracefully) joined the big-bucks broadcast lobby in opposing low-power community radio. Pacifica is one of the few noncommercial radio voices left--"the last bastion of the precept, enshrined in the FCC Act, that the public airways are a public trust," as we said in a previous editorial. Goodman and Democracy Now! belong on Pacifica. Make that with an exclamation point!
In Michigan, it's a battle over school vouchers. In Alaska the fight is over medical marijuana. Nebraskans are being asked to outlaw civil unions. In Colorado, Amendment 25 would impose a twenty-four-hour waiting period and antiabortion propaganda on women wanting to terminate a pregnancy. These are just a few of the dozens of state initiatives and ballot measures that voters will face on November 7.
The overwhelming majority of them are in the Mountain West and on the Pacific Coast--and most are rollbacks led by conservatives. "There are some good progressive initiatives," says Amy Pritchard of the Ballot Initiative Strategy Center. "But progressives are mostly on the defensive." Because initiatives generally don't get the same attention that candidates do, voters tend not to focus on them until the last minute, if they focus at all, making outcomes hard to predict.
Once again California is the bloodiest and costliest of ballot- initiative battlegrounds. As much as $50 million is being spent by both sides on Proposition 38, which would widely introduce school vouchers. Silicon Valley multimillionaire Tim Draper is bankrolling the pro-voucher forces, but stiff opposition from teachers' unions and elected officials seems to be dominating. (A similar plan in Michigan could win, however.)
A similarly salutary role was not played by many of these same officials on another California measure. Cooked up by the bipartisan political establishment, Prop 34 would short-circuit real campaign finance reform by enacting a measure that is a reform in name only. In San Francisco, a creative Proposition L would close legal loopholes that allow dot-coms and other gentrifiers to turn low-income residential and industrial neighborhoods into gilded offices and condo villages. Prop 36, a measure that would reverse the logic of the failed drug war by substituting treatment for incarceration of nonviolent users, seems to be gaining the upper hand, with substantial support from several groups backed by financier George Soros. Opposition to the measure ranges from prosecutors to the otherwise liberal actor Martin Sheen.
Alaskans appear to be poised to approve a cannabis decriminalization law that would also grant pardons to people convicted under state marijuana laws and make them eligible for restitution. Nevadans, too, will be voting on whether to approve medical marijuana--as well as whether to ban gay marriage. In Arkansas and Massachusetts, conservatives are championing antitax initiatives.
Oregon's menu of twenty-six ballot measures is a nightmare for progressives. The militantly antigay Oregon Citizens Alliance has collected more than $170,000 to promote Measure 9, which would ban public schools from teaching anything that promotes or sanctions homosexuality, but opponents have raised about six times that amount. Meanwhile, progressives are also having to spend resources to oppose measures 92 and 98, which would restrict the ability of unions to collect money to use for political purposes from more than 200,000 unionized workers.
The good news from the Northwest is that Oregon is one of two states (Missouri is the other) where voters have a chance to approve clean-money campaign finance reforms. In the past few years, four states--Maine, Vermont, Massachusetts and Arizona--have approved such laws. In each, the special-interest-funded opposition barely put in a showing, but that has changed. "We have always been David and the other side the Goliaths," says Public Campaign executive director Nick Nyhart. "In the past Goliath never came to play. Now he's out in force."
An Oregon radio campaign tries to tar the reformers as fronts for eco-terrorists and neo-Nazis. In Missouri, corporate opponents are threatening to spend $2 million to defeat the measure; to date Anheuser-Busch has led the charge with a $25,000 contribution, followed closely by KC Power & Light, Hallmark and the Missouri Association of Realtors. "It's crucial that these two measures pass," says Nyhart. "Clean money is an idea that has been winning, and we don't want to lose the momentum." In both states, the battle is tight and likely to go down to the wire. (Readers who wish to contribute can contact Missouri Voters for Fair Elections at 314-531-9630 and the Oregon Campaign for Political Accountability at 503-796-1099.)
What's a political campaign without politicians calling each other liars? This one's been marked, however, at the presidential level, by strategic civility, a pious avoidance of "personal attacks." Nevertheless, the GOP's most effective line of attack on Gore has been impugning his personal credibility by blowing up his gaffes and recycling hoary myths. You know them: that Gore claimed he invented the Internet (he didn't but gave it early legislative support), that he exaggerates when he says he did chores on his father's farm (his father made him work his butt off), that he claimed to be a model for a character in Love Story (he never claimed it, and Erich Segal, the author, said the character was partly modeled on him), that he claimed to have discovered the Love Canal pollution (no, but he held hearings on it and other toxic dumpsites). These radioactive lies about lies have had a long half-life and enabled George W. to sow further innuendo in the debates by harping on Gore's "stretchers" and "fuzzy math"--even as he blithely spreads misinformation of his own (check out the article by Professor George Gerbnerfirstname.lastname@example.org).
BUSH'S LATE SHOW CONFESSION
After George W. Bush recently appeared on The Late Show With David Letterman, there was much media commentary regarding Letterman's Russert-like questioning of the governor on issues like pollution in Texas and oil drilling in Alaska. But what largely went unnoticed was that Letterman forced Bush to acknowledge that his support of capital punishment was based on a less-than-solid foundation--the belief that executions deter crime. Letterman pressed him: How could he be sure? "It's a hard statistic to prove," Bush said. Hard statistic to prove? So Bush is supporting executions even though his prime justification for capital punishment has not been proved. At last, the plain talk Bush has promised.
SUE THE BASTARDS, RALPH
Shayna Cohen reports: Hours before Ralph Nader was denied entry into the third presidential debate, in St. Louis, he filed a lawsuit against the Commission on Presidential Debates, saying that it used "threat, intimidation, and coercion" in denying him access to debate premises in Boston less than two weeks earlier. Claiming that the CPD violated both the Massachusetts Civil Rights Act and the First and Fourteenth amendments, Nader's suit charges that his exclusion was based on "his expression of his views" and the expectation that he would disrupt the debates as a "point man for the protests" (which he neither attended nor organized). Nader was barred from participating in a prearranged, postdebate, onsite Fox newscast viewed by potential voters. Although the CPD is a private, nonprofit corporation, the Boston debates were held in a public university; were financially backed by numerous city and state officials and departments; and were secured by a public police force over which, the lawsuit claims, the CPD asserted "improper influence" by instructing it to implement the unconstitutional exclusion. The Nader campaign already has a suit pending against the FEC in the Court of Appeals for the First Circuit, outlining the CPD's fundamental structural illegality. These lawsuits are the first steps in what Nader heralds as the total disintegration of a CPD that, by its abuse of its own authority and of Nader's civil rights, has "sowed the seeds of its own future political destruction." To replace it, Nader calls for a People's Debate Commission in which unions and community organizations will sponsor numerous debates of varying formats. Protesters in Boston heeded this call, holding "street debates" in which a range of national problems were addressed.
NO MIRTH IN THE BALANCE
"Al Gore distills in his single person the disrepair of liberalism in America today, and almost every unalluring feature of the Democratic Party. He did not attain this distinction by accident but by sedulous study from the cradle forward." Thus unambiguously do Nation columnist Alexander Cockburn and frequent collaborator Jeffrey St. Clair stake out the terrain in opening their brief against the Vice President. Political handbook rather than full-blown biography, it effectively paints Gore as a walking sandwich board for Democratic Leadership Council values, tapped for higher office because Bill and Hillary saw in him "a kindred soul in political philosophy, hewing to the pro-corporate, anti-union positions...which together they had founded and nurtured." From his family connections to Occidental Petroleum to his education partly under Martin Peretz (from Peretz's pulpit at Harvard, not The New Republic), Gore's background is shown with no mirth in the balance but his "propensity to boast excessively" demonstrated at every turn. The authors, wearing their hearts on their pens, chronicle Gore's role in fighting against graphic rock lyrics but for NAFTA, his boardroom brand of environmentalism, his evolution from "centrist realism" to (stretcher alert) "pragmatic progressivism." He's "never been a political Boy Scout," they write. On their honor.
If Ralph Nader can make it here in old New York--as he did at his October 13 Madison Square Garden rally, which pulled a full house of 15,000 paying supporters--he can make it anywhere, right? Young people were in evidence, among them Nation interns and staff; also a significant number of gays, women and minorities, to whom Nader reached out, criticizing the drug war, capital punishment and environmental racism. The singer Ani DiFranco confessed to intern Kristi Abrams that she had agonized about attending: "If you are poor, the difference between Gore and Bush could be life and death." But after Nader called her the fourth time to urge her to come, she followed her instincts: "[Saying no] didn't feel right to me. I need to be the voice. I need to follow my heart."
The major media have paid very little attention to a story by Robert Rogers about George W. Bush's apparent grounding by Air National Guard. Rogers, a former commercial and National Guard pilot and airline industry consultant, acquired Bush's service records under a FOIA request. These show that, contrary to reports that he simply "gave up" flying in 1972, two years before the end of his six-year commitment, he was grounded because of "failure to accomplish annual medical examination." Given Bush's history of alcohol and drug use, Roberts theorizes that Bush may have either failed the drug test recently instituted by the Pentagon or chosen to avoid the physical. The truth lurks in service records not released under Rogers's FOIA request. Rogers calls on Bush to open up all his file and end speculation about this curious event. The story was published on the web at www.democrats.com.
Karyn Rotker writes: Thanks in large part to Wisconsin's Republican governor, the self-styled welfare reformer Tommy Thompson, the state has been lavished with national attention for its conservative social policy experiments. But nobody has taken much notice of an independent audit released this past summer showing that the private companies managing Wisconsin's welfare program have misused public funds--jacking up administrative costs while slashing benefits for the poor. In particular, Maximus--a for-profit company also embroiled in welfare-contract scandals in New York--charged Wisconsin millions of dollars to pay for its national corporate operations. It billed the state for company social events. It poured welfare money into advertising, from public relations campaigns to fanny packs sporting the Maximus name. Meanwhile, another welfare contractor, Employment Solutions--a nonprofit created by Goodwill Industries, whose executive director is a former Thompson aide--reportedly billed the state for expenses incurred while attempting to get a welfare contract in Arizona. Perhaps most egregious, the private firms have shoddy records in providing services to clients. Maximus stands has violated federal law with its sex discrimination in job placement practices. The state refuses to impose educational requirements on caseworkers, and it gives private contractors a financial incentive to reduce welfare rolls. In Wisconsin, "corporate welfare" has taken on a whole new meaning.
Slipped into the spending authorization bill for intelligence agencies was a measure that makes it a felony to disclose classified information. Under the bill anyone who leaks such information, regardless of whether national security is harmed, could be prosecuted. The potential chilling effect on whistleblowers was clear to many Republicans and Democrats alike, who sounded alarms. Even flaky Representative Bob Barr called it an official secrets act.
NEWS OF THE WEAK IN REVIEW
Matthew Glavin, head of the Southeastern Legal Foundation--a right-wing group and self-appointed morals cop, which most recently brought suit to disbar President Clinton in Arkansas--pleaded guilty to a charge of public indecency. An undercover federal officer spotted him indulging in the sin of Onan al fresco, on a trail in the Chattahoochee National River Park near Atlanta. Glavin then made advances to the officer, who arrested him. No doubt pornography brought him to his low state--probably reading the steamier passages of the Starr report.