Robert Scheer, a contributing editor to The Nation, is editor of Truthdig.com and author of The Great American Stickup: How Reagan Republicans and Clinton Democrats Enriched Wall Street While Mugging Main Street (Nation Books), The Pornography of Power: How Defense Hawks Hijacked 9/11 and Weakened America (Twelve) and Playing President (Akashic Books). He is author, with Christopher Scheer and Lakshmi Chaudhry, of The Five Biggest Lies Bush Told Us About Iraq (Akashic Books and Seven Stories Press.) His weekly column, distributed by Creators Syndicate, appears in the San Francisco Chronicle.
If only George W. Bush were content to merely market nights in the
Lincoln Bedroom or issue some questionable pardons, the public would be
much better off. But no, the new President has taken the art of selling
White House access to an unprecedented level, with disastrous
consequences for millions of Americans.
While the media remain obsessed with trying to prove that the Clinton
Administration was on the take from corrupt fat cats, the Republicans
have unashamedly turned over the federal government to the very
corporations that purchased the dubious Bush electoral victory.
MBNA, the world's biggest credit card dispenser, which hooks your kids
with teaser rates that can quickly balloon to usurious proportions, is
about to get the bill ending bankruptcy protection for little people that
it had in mind when it led the Bush campaign contributor list.
The big corporate givers are all lined up with wish lists in hand.
"There is no longer any countervailing power in Washington; business is
in complete control of the machinery of government," former Labor
Secretary Robert Reich concluded recently.
In less than two months, the Administration has reversed workplace
protection for repetitive stress injury, betrayed Bush's campaign promise
to curtail industry carbon dioxide emissions that cause global warming
and revved up plans for Arctic drilling. For all of his belief in a free
market, the President used the club of the state to force mechanics at
Northwest Airlines back to work.
Not that congressional Democrats are without blame. As the bipartisan
support for the bankruptcy bill demonstrated, corporate contributions are
as compelling as they are pervasive.
Bush has indicated he's eager to sign this atrocious bill--an
identical measure was vetoed by President Clinton--which strips away a
century of protection for small debtors. No longer will holders of
unsecured debt, who average $22,000 a year in income, be given a fresh
start. Under this bill, such debtors who file for bankruptcy will not
have their debt eliminated under the easy-to-use Chapter 7 protection of
the Bankruptcy Code but will be forced to file a repayment plan under the
more rigorous Chapter 13. That places this unsecured debt on the same
level as all other claims requiring payment, such as child support and
alimony, leaving divorced spouses and their children competing with banks
for a claimant's paycheck.
At the same time, Congressional Republicans refused to accept any
amendments restraining the marketing of credit cards or the regulating of
usurious interests rates charged. These largely unscrupulous banking
practices that prey upon the young and gullible, with billions of mailed
solicitations a year, is what often leads people into bankruptcy.
What in God's name is going on? The Bible warns against these money
handler who charge usurious rates: "Let the exacting of usury stop" is
commanded in Nehemiah, where the word "usury" is applied to loans among
Israelites bearing a mere 1 percent interest. On a more secular note, the
California Constitution had placed a 10 percent limit on interest, but that has
been watered down by court decisions.
By those historical standards, the current average charge of 18 percent on
credit cards, often rising more than 24 percent, certainly qualifies as
"exorbitant," to use Webster's definition of usury. Indeed, the common
practice of the banks would seem to fall under the category of criminal
loan-sharking, but just try to find a prosecutor with the guts to
classify a leading bank as organized crime.
The analogy with loan-sharking is valid, given that both credit card
companies and gangsters loan money to people who have no means of
repayment. The gangsters compel repayment with the threat of physical
force, and banks will now have the legal intimidation of the courts.
Because Clinton vetoed this legislation, the banking industry weighed
in heavily for Bush in the last election. MBNA employees accounted for
$240,000 in donations to Bush, compared to $1,500 to Al Gore. The bank's
chairman hosted a $1,000-a-plate dinner for Bush, and the bank
contributed a nifty $100,000 to the Bush inaugural festivities.
Financial institutions, which gave Republicans $26 million in the last
election, have been rewarded with quick passage of the bankruptcy bill
that Clinton rejected. The big difference this time around is that Bush
has already stated that he will sign the bill, so there is no pressure on
Congress to build in even the most minor consumer protections.
This year alone, a million Americans, many of them young people
suckered into financing their education by maxing out their credit cards,
will attempt to use the bankruptcy court as a second chance, only to find
the door closed. They should thank Bush the next time an election rolls
Let's see which Bush softball we can hit out of the park this week.
Should it be tolerating arsenic in the water supply, cutting funds for
abused children or eliminating the historic and nonpartisan evaluation of
judicial candidates by the American Bar Assn.?
With the Senate hanging on one vote, this administration acts as if it
has only limited time to do as much damage as possible to the
environment, consumers, the non-rich and common sense.
One day, President Bush appoints as the government's head regulator a
professor who's made a career of milking corporate funding while opposing
environmental regulation. The next day, we learn that our new UN
ambassador-in-waiting aided Central American death squads. Not to mention
earlier Bush Administration appointments, such as turning over the
Justice Department to John Ashcroft and other right-wing zealots. As the
Washington Post reported, "President Bush is quietly building the most
conservative administration in modern times, surpassing even Ronald
Reagan in the ideological commitment of his appointments."
Hardly "conservative" in the sense of preserving clean air and water
and pristine land in Alaska. To the contrary, the gang in power is out to
pillage and rape the environment with an abandon not witnessed since the
days when strip-mining was in vogue. The principle seems to be that
what's good for a company that gave money to the Bush campaign is good
for the country. As a Los Angeles Times front-page headline put it: "With Bush, Happy Days Here Again for Business Lobby."
The Times quoted big business lobbyists claiming they were frozen out
during the Clinton years of "over-regulation." Strange, isn't it, that
the economic boom that benefited so many of them was hardly stifled by
those same regulations. But public interest be damned as lobbyists enjoy
a rapid string of successes, from wiping out workplace safety rules to
freeing mine owners from having to post bonds to ensure they will clean
up their messes. Last week, much to the pleasure of industrial polluters,
Bush reversed President Clinton's order to lower the level of arsenic in
the nation's drinking water.
This followed on the heels of Bush's betrayal of a campaign pledge to
prevent global warming by enforcing cutbacks on carbon monoxide emission
from power plants. This is an administration that seems to thrill at high
energy prices. It is even gutting federal programs to promote energy
efficiency by a devastating 30%.
Bush needs to be locked in a room with Erin Brockovich, either the
movie or the person, to be reminded that corporations will lie to the
public when profit dictates.
But it's not only business greed that moves this MBA President. He's
committed to turning back civil rights gains made through the courts by
women and minorities. The theft of the presidential election by the US
Supreme Court's right-wing junta is the harbinger of what's to come.
If anyone doubts that, look at what Bush did last week when he ended
the practice, used since President Eisenhower, of submitting federal
judicial candidates to the ABA for professional evaluation. In doing so,
Bush was catering to the far right, which has been unhappy with the bar
group since 1987, when Judge Robert H. Bork, though rated "well
qualified" by the ABA, received negative reviews from a few on the ABA
review committee. Nor is the conservative right happy about the bar's
support of the Supreme Court's position in Roe v. Wade.
The rights of the unborn remain paramount to this administration. Too
bad it doesn't care more about children once they are born, especially
disadvantaged children. Bush trumpets a $1.6-trillion tax cut with 43 percent of the benefits going to the super rich, while his budget slashes funding
for child care, for ending child abuse and for training doctors in
children's hospitals. Data compiled by the states shows 900,000 children
are abused or neglected each year, yet Bush cut $15.7 million a year
destined for the states to investigate such cases. Bush seeks to "save"
another $200 million by cutting child care funding at a time when limits
imposed by welfare reform dramatically increase the number of working
mothers who cannot afford caretakers for their children.
A $20 million "early learning fund" to improve preschoolers' child
care also was eliminated. When Clinton signed that bill last December,
one of its co-authors, Alaskan GOP Sen. Ted Stevens, promised the new
administration would be supportive: "I expect our new first lady, Laura
Bush, a former librarian, to be a champion of early childhood education."
Perhaps she is, but she is not the President.
Unfortunately, neither is John McCain, the one Republican with the
guts to buck the Administration's unseemly embrace of big money.
Ralph Nader was wrong: There is a huge difference between the two
parties. And for the Bush Administration, it's payback time on every
front for his greedy legions.
Arnold Schwarzenegger for governor!
Well, why not? I hadn't thought of putting in a plug for the actor's
political career until Gov. Gray Davis' top political operative, Garry
South, conducted one of the meanest political smear jobs in recent
South took the lowest of the low roads when he personally made sure
that an article in Premiere magazine got into the hands of a host of
reporters as well as potential Republican backers of a possible
Schwarzenegger gubernatorial campaign. Not content with attacking
Schwarzenegger as a womanizer, as the magazine did, South baited
Republicans for even considering supporting a man whose political views
might be described as more moderate than theirs.
As South told me, Schwarzenegger "defined himself as a social liberal,
pro-choice and pro-gun control, plus he's married to a Kennedy." What a
crime. But South sputtered on, adding that Schwarzenegger also is pro-gay
rights, pro-immigrant and supported Clinton during the impeachment farce.
Most of this kind of talk is aimed at shocking Republicans, but
apparently South got his call list mixed up and mistakenly placed me in
the category of right-winger. Anything to destroy an opponent. South
claimed Schwarzenegger's suggestion that he might be a gubernatorial
candidate made him fair game. Referring to the actor's interview with
L.A. Times columnist George Skelton, South said, "When Skelton put him in the
ring, he [Schwarzenegger] trashed the governor."
Not so. Schwarzenegger criticized Davis's handling of the California
energy crisis as being marked by uncertainty (an assessment shared by
many) and said Davis hadn't kept his campaign promises. But he said
nothing personally denigrating about the Governor. In fact, he said of
Davis, "I hope he does a great job so there's no reason for anyone to run
against him. Because that's the ideal thing." I call that gracious.
Yet South felt compelled to answer with a no-holds-barred smear,
explaining: "When someone attacks my client, I will respond, that's what
I do for a living--when you do what Arnold Schwarzenegger did, you put
yourself in the line of fire. That's my rationale; I have no apology
Nor does Davis. A campaign press spokesman, Gabriel Sanchez, when
asked about the smear campaign conducted on behalf of the Governor's
campaign committee, said, "The Governor hasn't made any comment on that
issue, nor does he intend to."
The Premiere piece, which South also e-mailed and faxed to a long list
of reporters and political operatives, contained the kind of anonymously
sourced dirt that gets hurled with impunity at public figures, who have
less protection under libel laws. The primary thrust of the article was
that the actor was a serial groper. Weirdly, the magazine's writer also
went into Schwarzenegger's congenital heart problem, speculating that it
was instead the result of steroids used when he was a competitive
bodybuilder. As a smarmy aside, the writer made much of the evidently
unfounded claim that pig, rather than human, heart valves were implanted
in Schwarzenegger. (Schwarzenegger's surgeon insisted the magazine was
wrong, that human valves were used and that there's no evidence that he
In taking advantage of the hit piece, South began his e-mail with:
"RE: Ah-nuhld's Piggish Behavior (Maybe It's the Pig Valve?)." How
Why denigrate a man who has been an exemplary community activist?
While Davis's hatchet man chose to ignore his many charitable and service
contributions over the decades, two are particularly well-known:
Schwarzenegger is national chair of the effort to bring sports to
inner-city kids and has been a major booster of the Special Olympics.
Whatever his failings, and who among us is without, he is a family man
seen frequently in Santa Monica in the company of his wife, NBC reporter
Maria Shriver, and their four children, doing normal family things. I
have observed Schwarzenegger in various settings and have never witnessed
a scintilla of the crudeness ascribed to him. Many years ago, I
occasionally would run into him at Elaine's restaurant in New York, when
he was the young Austrian immigrant bodybuilder who was suddenly the toast of
the town after winning the Mr. Universe contest. It's amazing to me,
after all the worldwide media attention over the following decades, that
he survived to be someone this seemingly decent and balanced.
This ugly episode tells more about Davis than about his feared
opponent. We all know that the Governor is a control freak, and that
South would not be doing this without his boss's approval. It is
infuriating that Davis, whom I have long respected and thought to be a
classy guy, would stoop to this level. It's time for Davis to terminate
South's antics and issue an apology to Schwarzenegger.
The media coverage of the Clinton pardons has been so biased,
overblown and vituperative as to call into question the very purpose of
what currently passes as journalism. It is difficult to recall a more
partisan, one-sided hatchet job.
Surely, even the faintest sense of fairness would compel a comparison
of former President Clinton's actions with that of his predecessors and,
as Rep. Henry Waxman pointed out at a recent hearing to a largely
indifferent Washington press corps, Republican Presidents have more than
matched the outrages of Clinton.
Forget Gerald Ford's pardon of Richard M. Nixon, which, while
effectively short-circuiting an ongoing probe of possibly the most
egregious behavior of any US President, can be rationalized as a
healing gesture. Nixon had accomplished much, and he was by then a broken
man. We can also overlook Ronald Reagan's pardon of Yankee owner George
Steinbrenner, who had pleaded guilty to violating election laws.
But unforgivable is what former President George Bush did. He
protected himself--a former Reagan Administration official--in an ongoing
investigation when he pardoned Reagan's Defense secretary, Casper
Weinberger, and the rest of the Iran/contra gang of six.
At the time, Independent Counsel Lawrence E. Walsh bitterly charged
that "the Iran/contra cover-up, which has continued for more than six
years, has now been completed"--by presidential fiat. Walsh called it
"evidence of a conspiracy among the highest-ranking Reagan Administration
officials to lie to Congress and the American public" and said that, "in
light of President Bush's own misconduct," he was "gravely concerned"
about Bush's decision to pardon others.
Bush could easily have been said to have covered up his own potential
culpability--far short of anything Clinton has been accused of doing in
his pardon of Marc Rich or anyone else. Nor did the Bush Iran/contra
pardons pass the one-more-pardon-before-leaving-the-White-House "smell
test" so liberally applied to Clinton's pardons; the pardon came after
intensive lobbying by former Reagan aides and many last-minute White
As for pardoning drug dealers, so upsetting when ordered by Clinton,
again why no comparison with Bush's similar and arguably more offensive
pardon of that nature? Bush's pardon of Aslam Adam, a Pakistani heroin
trafficker serving a fifty-five-year sentence, would seem more startling than
Clinton's pardon of an LA Latino from a sentence one-fifth as long.
And, OK, let's talk about Marc Rich. Let's compare his pardon to that
of another financier, Armand Hammer. If Rich bought his pardon, he at
least felt the need to employ the precaution of funneling a contribution
through his ex-wife, as some charge. Hammer was considerably more
blatant. Not only had he pleaded guilty to the charge of making illegal
campaign contributions but also, when pardoned from that offense by Bush,
he forked over two gifts of $100,000 to the GOP as well as to Bush's
Those represented fresh contributions to an incoming administration
that could continue to bestow favors--not, as with Clinton, to a
soon-to-be ex-President's library. But if it is library contributions
that now so fascinate, why did House Government Reform Committee Chairman
Dan Burton turn down ranking Democrat Waxman's request that the records
of contributions to Republican Presidents' libraries also be subpoenaed?
And imagine the outcry if Clinton had pardoned an immigrant exile
accused of masterminding an airline bombing that cost the lives of seventy-three
people, including twenty-four teenage members of an Olympic fencing team. Yet
that is what George Bush did in acceding to the requests of his son, Jeb,
to pardon Orlando Bosch, gaining Jeb support in Miami's exile Cuban
The most serious of Clinton's pardon excesses, that of former CIA
Director John Deutsch, does not rise to that level, but it is odd that it
has not been criticized. By pardoning Deutsch, Clinton ended an inquiry
into how sloppily top secrets are handled at the highest level. The
Clinton Administration had held former Los Alamos scientist Wen Ho Lee in
solitary confinement for mishandling data that wasn't even classified as
secret at the time. It was Lee and not Deutsch who deserved a pardon. But
that would have meant enduring criticism, and Clinton only does that for
What Clinton did in catering to the wishes of his rich backers was
probably less motivated by library gifts than by misplaced compassion for
well-heeled but seedy people. That makes it all the more depressing, for
one would have hoped that someone who came up the hard way would know
that the filthy rich don't deserve special favors. But the rich pay the
piper, and no matter who's in the White House, Presidents do dance.
So it is, and so it always has been. The presidential pardon is a perk
of office, which has only the function of exonerating those the judicial
system would otherwise continue to condemn. It is a power begging to be
abused, but no more so by Clinton than many a Republican President who
The rogues in robes are on the move. US Supreme Court Chief
Justice William H. Rehnquist, the leader of the pack, and the rest of the
Court's right-wing majority have launched a judicial revolution that
usurps the power of Congress as it applies to civil rights law.
In its latest decision, the Court last week overruled Congress and
held that state governments can arbitrarily deny jobs to disabled people
without violating the equal protection clause of the Constitution. The
Court's decision to gut the Americans with Disabilities Act, passed in
1990 by a huge bipartisan majority in Congress and signed into law by
former President Bush, is yet another assault on representative
democracy. Not content with short-circuiting the presidential election,
the Court has now decided that it, and not Congress, shall make the laws.
When passed more than a decade ago, the only significant opposition to
the ADA came from a band of ultra-rightists led by Jesse Helms (R-N.C.),
who mustered just seven other ultra-conservative Senate votes.
Unfortunately, the Senate's far right is now well-represented on the
Court, and the Justices did what Helms failed to do.
The ADA was the most significant civil rights legislation in decades,
allowing the tens of millions of Americans with disabilities access to
jobs, schools and buildings. The legislation was inspired by those, such
as wounded war hero Sen. Bob Dole (R-Kan.), who believed that the
barriers to the full participation of the disabled in our public life
were a clear violation of their civil rights.
In the recent case before the court, a registered nurse at the
University of Alabama hospital was demoted upon returning to work after
breast cancer treatment. Rehnquist, in helping to overrule a federal
Court of Appeals decision that the ADA prohibited such discrimination,
put cost accounting above the right to access when he wrote that it would
be "entirely rational and therefore constitutional for a state employer
to conserve scarce financial resources by hiring employees who are able
to use existing facilities."
Don't be surprised if the Court next rules that it is not necessary to
provide ramps or other facilities to wheelchair-bound people seeking
access to public buildings, or Braille numbers to aid the blind in
elevators. The Court has already gutted barriers to age discrimination in
What is at issue is the interpretation of the Fourteenth Amendment to the
Constitution extending the protection of universal civil rights to all
Americans regardless of the state in which they reside. The Fourteenth
Amendment--originally addressing the issue of racial
discrimination--explicitly empowers Congress to pass "appropriate
legislation" needed to guarantee equal protection of the law for all.
In striking down key provisions of the ADA, Rehnquist dealt a body
blow to the separation of powers, which grants to Congress sole authority
to pass federal law. Rehnquist said that the law in question was
ill-conceived because he didn't agree with Congress's evaluation of
evidence on the subject, saying it was based on "unexamined, anecdotal
accounts" that did not qualify as "legislative findings."
Given that the ADA was one of the more carefully researched pieces of
legislation ever passed by Congress, there's no reason to believe that
the Court won't throw out any law it doesn't agree with. As Justice
Stephen G. Breyer pointed out in his dissent, the ADA had been the
subject of a dozen Congressional hearings. Breyer attached a thirty-nine-page list prepared for Congress of state-by-state examples of official acts of
discrimination against the disabled. This is not enough? And, anyway,
when it suits its political purpose, the Court's right-wing majority is
quick to rule the opposite, insisting that Congress, not the courts, has
sole power to craft federal law.
Just this past weekend, Justice Antonin Scalia claimed in a speech
that those who believe that the Constitution is an evolving or living
document want to use judicial interpretation to make law. He taunted:
"You want a right to abortion? Pass a law. That's flexibility."
Yet when Congress did pass a law extending the scope of civil rights
protection to the disabled, Scalia didn't like it. He joined the 5-4
opinion overturning it.
Just a couple of questions: If the life of every fetus is sacred, why
would we want to deny that fetus, if born with disabling birth defects,
full civil rights? If one is denied a state job solely because he or she
must use a wheelchair, is that not a clear violation of the equal
protection of the laws called for in the Fourteenth Amendment?
Hypocritically, the same five Justices who struck down the ADA as a
violation of states' rights were all too willing to toss out the issue of
states' rights on the Florida election count. The lesson then and now is
that the current majority of the US Supreme Court seeks to usurp the
power of the states and the Congress when--and only when--it suits its
fiercely held ideological agenda. Sadly, civil rights are the prime
target of that agenda.
It may be legal, but it's still a coup d'état. The nomination of
Theodore B. Olson to be solicitor general, a position of such influence
that it is often referred to as "the 10th member of the Supreme Court,"
affirms that President Bush has turned the US judiciary over to the far
We can't say we weren't warned when Bush, during the campaign, named
Clarence Thomas and Antonin Scalia as his role models for future judicial
appointments. They returned the compliment by obediently bowing to the
arguments of Bush's lawyer, Olson, that abruptly stopped the vote
counting in Florida, thus handing the election to Bush.
Once in office, Bush quickly appointed three of Thomas's closest
personal and ideological buddies to head the judicial branch of the US
government. Newly minted Atty. Gen. John Ashcroft made that point when he
rushed off to Thomas's chambers to be sworn in out of the public eye. Then
came the appointment of Larry Thompson, who had defended Thomas in his
stormy confirmation hearings, as deputy attorney general. Then the pièce
de résistance: Olson.
While newspaper editorials praised the Bush Administration for its
moderate style, the often mute Thomas emerged from the shadows to
celebrate the far right's triumph. At a conservative dinner soiree,
Thomas issued a militant call to arms decrying "an overemphasis on
civility." Indeed, instead of being civil to those with whom he
disagrees, we had the unseemly spectacle of a Supreme Court Justice
calling for ideological war: "The war in which we are engaged is
cultural, not civil." He chided moderates in his own party saying he was
"deeply concerned because too many [conservatives] show timidity today
precisely when courage is demanded."
Surely he wasn't referring to the President, who has given the GOP
right wing the prize it really wanted: control of the judiciary. Clearly,
the intention is to use the powers of the state to pursue the right's
social agenda while virtually dismantling the federal government as a
force for social justice.
The choice of Olson as solicitor general seals the right wing's
seizure of power. But it could not have happened without the denigration
of the Clinton Administration and its threat to marginalize the right by
moving politics back to the center. Key to the effort to destroy Clinton
was this same Olson, who will now represent the US government in cases
involving affirmative action, the environment and women's rights. Guess
what side of those issues Olson has represented in the past? Olson, a
member of the board of directors and legal counsel for the extreme right
American Spectator magazine, was a principal figure in smearing Clinton
even before the man was elected to his first term. The magazine used $2.4
million provided by far-right billionaire Richard Mellon Scaife to dig up
dirt on Clinton in what started as Troopergate and ended up propelling
the Paula Jones case to the status of an impeachable offense. It was this
same Olson, a close friend of Kenneth Starr, who coached Jones' attorneys
before their successful request to the Supreme Court to allow a civil
suit to be heard against a sitting President.
Olson is one of those family values conservatives who evidently
believes that only wealthy women like his lawyer-talk show pundit third
wife should work. He argued unsuccessfully before the Supreme Court
against a California law that protected the jobs of women who took four
months of unpaid disability leave for pregnancy, terming it "destructive
Olson had another major failure when in 1996 he argued against women
being admitted to the publicly financed all-male Virginia Military
Institute on the grounds that the school's character would be
fundamentally altered. To which Justice Stephen Breyer tartly replied,
One of Olson's unsavory victories came when he got a federal appeals
court to rule that the affirmative action program for admissions at the
University of Texas was unconstitutional. An opponent of environmental
protection, Olson has gone to court to get sections of the Endangered
Species Act declared unconstitutional.
Now Olson and the other friends of Thomas are in a position to weigh
in heavily on future nominations to the Court, and their own names will
surely head the list. These are lawyers who have devoted not only their
professional lives but their personal political activity to reshaping the
Court as an activist vehicle to turn back the clock on the rights of
women, minorities and working people as well as to leave the environment
open to corporate exploitation.
By selecting this triumvirate to head the Justice Department, Bush has
sent the strongest of signals as to his intent to use the Court to
advance the far right's agenda. So much for moderation.
Te Bush Administration is looking to revive Reagan's Star Wars system, but why not resurrect something better from his legacy?
China Spying Story: All the Excuses Fit to Print
The words of the FBI inquisitor concerning his treatment of Wen Ho
Lee couldn't have been more chilling: "It seemed like the more times you
hit him upside the head, the more truth comes out; it's like a little
That totalitarian sentiment was cited uncritically by the New York
Times as the summation of the first part of a lengthy examination of the
two-year case, in which the newspaper's reporting played a driving role.
Both the government and the Times acted as if Wen Ho Lee was presumed
guilty of spying until proved innocent.
The "little kid" in question, is a 61-year-old PhD and a highly
regarded ex-Los Alamos scientist. A Taiwanese-born US citizen, Lee
never was charged with actually spying or passing secrets to any
government, but he was held for nine months under what the judge in the
case came to define as "extraordinarily onerous conditions of
Those conditions, dictated over the judge's objections by the Justice
Department under its power in such cases, included solitary confinement
in a constantly lit cell and full-chain shackles even during brief
moments of exercise or meetings with his attorneys. That barbaric
treatment ended only after nine months, when Reagan-appointed
conservative Chief US District Judge James A. Parker released Lee for
time served, severely rebuked the prosecutors for deceiving him with
their flimsy case and, in an unprecedented gesture, added "I sincerely
apologize to you, Dr. Lee, for the unfair manner you were held in custody
by the executive branch." Lee was exonerated of fifty-eight charges and pleaded
guilty to unlawful retention of classified documents.
As the New York Times now concedes, government prosecutors had only
the weakest case against Lee but hoped that the threat of life
imprisonment and the harsh jail conditions could be used to break the man
and obtain a confession to a crime of spying for China, of which there
was not a shred of solid evidence.
Although the government case "collapsed of its own light weight," as
the Times put it, employing curious physics, the newspaper has only
feebly touched on its own role in this case.
Particularly onerous was the newspaper's original hoary front-page
headline: "Breach at Los Alamos...China Stole Nuclear Secrets for
Bombs, U.S. Aides Say." The story went further: "Working with nuclear
secrets stolen from an American government laboratory, China has made a
leap in the development of nuclear weapons: the miniaturization of its
That was a reference to the W-88 warhead, but in the conclusion of its
recap, the Times concedes that many of the top scientists in the Energy
Department and the FBI since 1995 have "disagreed with the conclusion
that China, using stolen secrets, had built a weapon like the W-88." At
the same time, the newspaper conceded that there was nothing in the files
downloaded by Lee that would actually allow China to build such a weapon
and that "secrets" concerning its development are widely dispersed
throughout the defense industry.
The techniques for miniaturization are also well understood by former
scientists for the Soviet Union, who long ago developed such weapons and
whose talents are for sale on the world job market. Despite having
destroyed Lee's reputation with its uncritical ventilation of government
leaks, the Times seems bent on continuing the process. Its recent series
is larded with such references as: "According to a secret FBI report
recently obtained by the Times, Dr. Lee told agents . . . "
Isn't the government committing a more egregious violation of national
security by leaking information about secret computer codes--as it
apparently did to buttress its claims against Lee in the current New York
In the landmark 1971 Pentagon Papers case won by the New York Times
before the US Supreme Court, the Times asserted that it was merely
exercising rights guaranteed by the free press clause of the 1st
Amendment to print in toto a lengthy secret government study of US
actions in Vietnam. The same principle of fully sharing information with
the reader should apply to so-called secret documents obtained by the
Times in the Lee case so that we can make our own judgments.
But in its two years of reporting on the Wen Ho Lee case, the New York
Times has relied extensively on selected references to secret government
documents that smeared Lee, documents that Lee and the newspaper's
readers were not permitted to examine. Freedom of the press is presumably
for the benefit of the readers in general and of victims of government
abuse in particular. Yet the Times, as with many media outlets these
days, has perverted that freedom to justify its willful participation in
government manipulation of the news.
The New York Times has not yet come to grips with the enormity of its
betrayal of the principles of fairness that should govern a great
newspaper. What could be more basic to that obligation than the vigorous
protection of the right of any citizen, Taiwanese immigrants included, to
the presumption of innocence?
Robert Scheer was the last journalist to interview Robert Kennedy.
George W. Bush has a sweet appealing face until he reveals his dark
side, as when he, in one of his first official acts, cut off funds to
international population control groups.
The pundits said he was merely getting even with organizations like
Planned Parenthood, which have opposed John Ashcroft's nomination as
attorney general. But the stark consequences of that political vendetta
will be tens of thousands of women around the world who will not have
access to safe birth control and who will die in self-mutilating attempts
at abortion. These women find themselves in such dire straits because
they are, in many cases, the victims of forced sex, whether by husbands
or strangers, who have total power over them.
In his message to the throngs bused into the nation's capital last
week protesting on the 28th anniversary of the Supreme Court's ruling
that abortion is legal, Bush said, "We share a great goal--to work toward
a day when every child is welcomed in life and protected by law."
That sounds noble, but it begs the question: For how long is that
child welcome--an hour or a lifetime?
What if that child is an 8-year-old street beggar in Rio de Janeiro or
Bangkok? Will he still be welcome, and under what law will he be
protected from pimps, perverted tourists and local merchants who hire
gunmen to blow street urchins away? And what about the mothers of those
children? Will they, and their families, sink deeper into poverty because
of a birthing decision over which they had little or no control?
Assuredly, they and their progeny will not be welcome to immigrate to the
US to escape the economic collapse of their own part of the world. Nor
has Bush even suggested an increase in the pathetic $2 annually per
American allocated to foreign aid for the world's poor. Instead, he
proposes a $236 billion tax cut over the next decade for the wealthiest
2 percent of Americans, money that if spent on the world's poor would represent
a strong pro-life statement. In effect, he's cynically cheering on
spiraling and unsustainable populations abroad.
That's the reality faced daily by the folks at Planned Parenthood and
those other international population-control organizations that Bush--in
a sop to the right wing of his party--decided to cut off from US
funding last week. There isn't a reputable social service organization
that doesn't prefer contraception to abortion. Denying these groups
funding undermines their effort to educate about birth control, which
would help head off abortions and also curb population growth. Fully
one-third of the world's work force is effectively unemployed, and the
United Nations estimates that 500 million new jobs must be created just
to accommodate new arrivals in the job market over the next decade.
Developing economies do not stand a chance of meeting that demand without
aggressive population control.
Yet Bush has chosen to cut funding for the very organizations, most
notably Planned Parenthood, that work hardest to make birth control
information available throughout the world. These groups do not use a
penny of government money when they counsel women for whom birth control
has failed that abortion is an option. But Bush would deny funds to any
organization that offers abortion information in any of its privately
For all his praise of private charities, Bush does not trust one of
the nation's most venerable social service organizations to organize its
work so as to not compromise the law. This is an organization actively
supported by his grandfather, Prescott Bush, who lost his first campaign
for the US Senate because Democrats confused Catholic voters with
charges that Bush had contributed money to Planned Parenthood. When he
finally won the seat, Prescott Bush was a strong advocate for the
His son, George Herbert Walker Bush, as a young congressman was the
author of the Family Planning Act of 1970, which George W. is now
attempting to reverse. He should heed the words of his father back in
1973: "Success in the population field, under United Nations leadership,
may, in turn, determine whether we resolve successfully the other great
questions of peace, prosperity and individual rights that face the
Bush Sr. abandoned that sensible position to obtain the vice
presidential slot on Ronald Reagan's ticket. The Reagan Administration
first imposed the "gag" rule on family planning organizations, denying
them funds if they even mentioned abortion as a choice in their
educational work. That is the ban that Bill Clinton reversed and which
George W. has re-established.
Bush's purpose seems to be that of placating the far right while
punishing Planned Parenthood for having dared to suggest that John
Ashcroft, who equates abortion to murder, cannot be trusted to enforce
the law protecting a women's legal right to choose that medical
One suspects that if Prescott Bush had been given the choice of
trusting Planned Parenthood over Ashcroft to obey the law, his answer
would have been obvious.