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John Nichols

John Nichols

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Frank Church and the Abyss of Warrantless Wiretapping

Thirty years ago, on April 26, 1976, the United States Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities, delivered its final report detailing the lawlessness of U.S. intelligence agencies and the need for Congress to reassert the Constitutional system of checks and balances to order to rein in the cloak-and-dagger excesses of the executive branch of the federal government.

The committee, mercifully referred to by the last name of its chair, U.S. Senator Frank Church, D-Idaho, produced fourteen reports on the formation of U.S. intelligence agencies, the manner in which they had and were continuing to operate, and the abuses of law and of power -- up to and including murder -- committed by these agencies in Chile, the Congo, Cuba, Vietnam and other nations that experienced the attention of U.S. authorities in the Cold War era.

The committee also made 96 recommendations for how to do that. Some of those recommendations, such as the committee's call for creation of a permanent Senate Select Committee on Intelligence and for a ban on assassinations of foreign leaders, were implemented. But, as the current controversy over President Bush's warrantless wiretapping program illustrates, the potential abuses about which the Church Committee warned were not entirely -- nor even adequately -- thwarted.

It was not for lack of trying by Senator Church, one of the most courageous legislators in American history, and his colleagues on the committee. As Senator Church said when the committee completed its work: "The United States must not adopt the tactics of the enemy. Means are important, as ends. Crisis makes it tempting to ignore the wise restraints that make men free. But each time we do so, each time the means we use are wrong, our inner strength, the strength which makes us free, is lessened."

The fundamental charge of the Church Committee to the Congress and the American people was not found in the details of the reports specific allegations and recommendations. Rather, it was in the committee's bold reassertion of the founding principle of the Republic -- that only by checking and balancing the excesses of the executive branch can basic liberties be defended.

To renew the inner strength of the nation, the Church Committee first recalled the threats that arise when the executive branch is allowed to operate in secrecy and without constraint:

The natural tendency of Government is toward abuse of power. Men entrusted with power, even those aware of its dangers, tend, particularly when pressured, to slight liberty.

Our constitutional system guards against this tendency. It establishes many different checks upon power. It is those wise restraints which 'keep men free. In the field of intelligence those restraints have too often been ignored.

The three main departures in the intelligence field from the constitutional plan for controlling abuse of power have been:

(a) Excessive Executive Power.

In a sense the growth of domestic intelligence activities mirrored the growth of presidential power generally. But more than any other activity, more even than exercise of the war power, intelligence activities have been left to the control of the Executive.

For decades Congress and the courts as well as the press and the public have accepted the notion that the control of intelligence activities was the exclusive prerogative of the Chief Executive and his surrogates. The exercise of this power was not questioned or even inquired into by outsiders. Indeed, at times the power was seen as flowing not from the law, but as inherent, in the Presidency.

Whatever the theory, the fact was that intelligence activities were essentially exempted from the normal system of checks and balances. Such Executive power, not founded in law or checked by Congress or the courts, contained the seeds of abuse and its growth was to be expected.

(b) Excessive Secrecy.

Abuse thrives on secrecy. Obviously, public disclosure, of matters such as the names of intelligence agents or the technological details of collection methods is inappropriate. But in the field of intelligence, secrecy has been extended to inhibit review of the basic programs and practices themselves.

Those within the Executive branch and the Congress who would exercise their responsibilities wisely must be fully informed. The American public, as well, should know enough about intelligence activities to be able to apply its good sense to the underlying issues of policy and morality.

Knowledge is the key to control. Secrecy should no longer be allowed to shield the existence of constitutional, legal and moral problems from the scrutiny of all three branches of government or from the American people themselves.

(c) Avoidance of the Rule of Law.

Lawlessness by Government breeds corrosive cynicism among the people and erodes the trust upon which government depends.

Here, there is no sovereign who stands above the law. Each of us, from presidents to the most disadvantaged citizen, must obey the law. As intelligence operations developed, however, rationalizations were fashioned to immunize them from the restraints of the Bill of Rights and the specific prohibitions of the criminal code. The experience of our investigation leads us to conclude that such rationalizations are a dangerous delusion.

Senator Church was even blunter in his rejection of the "spin" that would have Americans believe their government is protecting them or spreading democracy when it employs secret electronic eavesdropping at home or "covert action" abroad. Covert action, explained the Idaho Democrat, is nothing more than "a semantic disguise for murder, coercion, blackmail, bribery, the spreading of lies, whatever is deemed useful to bending other countries to our will."

The Church Committee's plan to counter the abuses of the executive branch boiled down to a call for Congress to recognize anew that:

The Constitutional amendments protecting speech and assembly and individual privacy seek to preserve values at the core of our heritage, and vital to our future. The Bill of Rights, and the Supreme Court's decisions interpreting it suggest three principles which we have followed:

(1) Governmental action which directly infringes the rights of free speech and association must be prohibited. The First Amendment recognizes that even if useful to a proper end, certain governmental actions are simply too dangerous to permit at all. It commands that "Congress shall make no law" abridging freedom of speech or assembly.

(2) The Supreme Court, in interpreting that command, has required that any governmental action which has a collateral (rather than direct) impact upon the rights of speech and assembly is permissible only if it meets two tests. First, the action must be undertaken only to fulfill a compelling governmental need, and second, the government must use the least restrictive means to meet that need. The effect upon protected interests must be minimized.

(3) Procedural safeguards -- "auxiliary precautions" as they were characterized in the Federalist Papers -- must be adopted along with substantive restraints. For example, while the Fourth Amendment prohibits only "unreasonable" searches and seizures, it requires a procedural check for reasonableness-the obtaining of a judicial warrant upon probable cause from a neutral magistrate. Our proposed procedural checks range from judicial review of intelligence activity before or after the fact, to formal and high level Executive branch approval, to greater disclosure and more effective Congressional oversight.

It is notable that Senator Church was especially concerned about the threat posed by the National Security Agency if a future president were to abuse those powers.

"I know the capacity that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss," explained Church. "That is the abyss from which there is no return."

Three decades after the Church Committee submitted its final report, President Bush admits to ordering the NSA to spy on the telephone conversations of Americans on American soil without obtaining warrants.

Most of Congress stands idly by.

Not so the senator who has most aggressively challenged the Bush administration's reckless disregard for the Constitution that provides Americans with both a Bill of Rights and a system of checks and balances to protect them.

Senator Russ Feingold, the Wisconsin Democrat who has asked the Senate to censure Bush for ordering the NSA to launch the warrantless wiretapping program, marked the anniversary of the issuance of the Church Committee's final report by describing the committee's work and the challenge to executive excess that it produced as "a watershed moment that spurred Congress to assume its critical role in overseeing the U.S. intelligence community." In particular, he noted, "The Church Committee's report also led to legislation requiring the executive branch to inform the congressional intelligence committees of all intelligence activities."

"Yet," Feingold added, "for over four years, the Bush Administration has ignored this law, hiding its illegal warrantless surveillance program from the full committees, and continuing to deny the committees critical information. At a time when Congress has failed to assert its constitutional and statutory role in conducting intelligence oversight, we should recall the groundbreaking efforts of the Church Committee, and the responsibilities that came with the establishment of the congressional intelligence committees. The American people have entrusted us to protect them from our enemies while ensuring that our government upholds the law and the Constitution. We must renew our commitment to that charge. As Senator Church said 30 years ago today, ‘Our experience as a nation has taught us that we must place our trust in laws, and not solely in men. The founding fathers foresaw excess as the inevitable consequence of granting any part of government unchecked power.'"

New Orleans in Black and White

The atomization of New Orleans has done more to destroy the political fabric of the post-Katrina city than even some of the most concerned observers had dared imagine.

In a community that last elected a white mayor when Richard Nixon was serving as president, three white candidates – Louisiana Lieutenant Governor Mitch Landrieu, wealthy civic leader Ron Forman and Republican lawyer Rob Couhig – collected 56 percent of the vote in the first mayoral vote after last fall's hurricane swept much of the city's minority population away to Houston, Atlanta and more distant locations.

With turnout among the African-American diaspora low, Mayor Ray Nagin, the most prominent African-American candidate, won just 38 percent. He'll face Landrieu, who took 29 percent, in a May 20 runoff election.

This is the first time since 1982 that a New Orleans mayor has been forced into a runoff, and if the May voting breaks along racial lines, the incumbent could become another victim of Katrina.

Will such a split occur?

Certainly the federal government, which should have worked from the start to assure that a natural disaster did not shift the political dynamic in a major American city that has long been under Voting Rights Act oversight, has done little to avert it.

From the White House's shifting of funds away from infrastructure programs that could have protected the city's poorest neighborhoods, to President Bush's initial neglect of the crisis, to the move-‘em-on-out response of federal agencies to the plight of displaced residents, to House Speaker Dennis Hastert's speculation about whether it made sense to rebuild, to the disengagement of the Justice Department from the serious debates about voting rights that arise when citizens have been turned into refugees, Washington has been no friend to democracy in New Orleans.

Sincere pundits will long debate whether the pattern of neglect was intentional. But few deny that it is to the advantage of the Republican Party that currently dominates federal politics to break up the urban voting bloc that has made New Orleans one of the most Democratic cities in the south and kept Louisiana far more politically competitive – with a Democratic governor and a Democratic U.S. Senator – than most of its neighbors.

Those who would prefer see the political complexion of New Orleans shift may not get their wish, however.

A May 20 result that divides the city along racial lines is at least a bit less likely in a Nagin-Landrieu runoff than it would have been in a contest between the mayor and one of the other white contenders.

Nagin was beat an African-American foe in 2002 with strong backing from the white community. While the mayor's reelection campaign was targeted minority voters – stirring some negative attention nationally when he suggested that New Orleans would emerge as a "chocolate city" -- surveys suggest that he retains a base of support among white voters. Nagin retains the potential to build on that base as he competes in the runoff.

Landrieu is the son of legendary former Mayor Maurice Edwin "Moon" Landrieu, who was one of the few white politicians to fight the segregationists in the 1960s and who went on to serve as former President Jimmy Carter's Secretary of Housing and Urban Development. The son has worked to maintain the multiracial coalition his father built.

Speaking to supporters Saturday, Landrieu struck the right note for a runoff campaign that will test the political maturity not just of New Orleans but America. "Today in this great American city, African-American and white, Hispanic and Vietnamese, almost in equal measure came forward to propel this campaign forward and loudly proclaimed that we in New Orleans will be one people, we will speak with one voice and we will have one future," he said. "We have said loudly and clearly that we will push off the forces of division and that we will find higher, common ground than we tried to find on that fateful day, Aug. 29, 2005, when we literally found ourselves in the same boat. We were in the same boat then and we are in the same boat now."

No matter who wins the runoff, everyone who believes that America can and must continue to promote a politics of empowerment and harmony should hope that Landrieu proves to be right about the potential to unite a city that nature and Washington have done so much to break apart.

Impeachment From Below: Legislators Lobby Congress

Inside the Beltway, legislators have been slow to support moves to censure or impeach President Bush and other members of the administration. Only 33 members of the U.S. House of Representatives have signed on as cosponsors of Congressman John Conyers' resolution calling for the creation of a select committee to investigate the administration's preparations for war before receiving congressional authorization, manipulation of pre-war intelligence, encouraging and countenancing of torture, and retaliation against critics such as former Ambassador Joe Wilson, with an eye toward making recommendations regarding grounds for possible impeachment. Only two members of the Senate have agreed to cosponsor Senator Russ Feingold's proposal to censure the president for illegally ordering the warrantless wiretapping of phone conversations of Americans.

Outside the Beltway, legislators are far more comfortable with censure and impeachment -- at least in the state of Vermont. Sixty-nine Vermont legislators, 56 members of the state House and 14 members of the Senate, have signed a letter urging Congress to initiate investigations to determine if censure or impeachment of members of the administration might be necessary.

The letter, penned by state Rep. Richard Marek, a Democrat from Newfane, where voters made international news in March by calling for the impeachment of Bush at their annual town meeting, suggests that Bush's manipulations of intelligence prior to the launch of the Iraq war, his support of illegal domestic surveillance programs and other actions have created a circumstance where Congress needs to determine whether the time has come for "setting in motion the constitutional process for possible removal from office."

Noting that Newfane and a half dozen other Vermont communities have called for impeachment, as has the state Democratic Party, Marek explained to the Rutland Herald, "Vermonters from across the state have expressed concerns with the president's actions and have displayed that through resolutions, meetings and petitions. I thought it was important to put our voices down as supporting an investigation and possible censure and impeachment."

The letter, which will be delivered to members of the state's Congressional delegation -- including Congressman Bernie Sanders, a cosponsor of the Sanders resolution -- is just one of a number of fresh impeachment-related initiatives in Vermont.

Representative David Zuckerman, a Burlington legislator who is a member of Vermont's Progressive Party, plans to introduce a resolution next week asking for the state legislature to call on the U.S. House to open impeachment hearings.

Parliamentary procedures developed by then Vice President Thomas Jefferson in the early years of the United States, and still used by the U.S. House of Representatives as a supplement to that chamber's standing rules, have been interpreted as giving state legislatures at least some authority to trigger impeachment proceedings, and Zuckerman's resolution responds to calls from Vermonters to take the dramatic step.

Several county Democratic parties in Vermont have urged the state legislature to take advantage of the opening created by "Jefferson's Manual," which suggests that impeachment proceedings can be provoked "by charges transmitted from the legislature of a state.

There's no question that Vermont is in the lead, but legislators in other states are also exploring their options for pressuring Congress to act on articles of impeachment. A trio of Democratic state representatives in Illinois -- Karen A. Yarbrough and Sara Feigenholtz from the Chicago area and Eddie Washington from Waukegan -- have introduced a measure similar to the one Zuckerman is preparing in Vermont.

The bill urges the Illinois General Assembly to "submit charges to the U. S. House of Representatives to initiate impeachment proceedings against the President of the United States, George W. Bush, for willfully violating his Oath of Office to preserve, protect and defend the Constitution of the United States and if found guilty urges his removal from office and disqualification to hold any other office in the United States."

In Pennsylvania, State Senator Jim Ferlo, D-Pittsburgh, has launched a public campaign urging his constituents to sign petitions calling for Congress to launch an impeachment inquiry. Ferlo, a former Pittsburgh City Council president, says its entirely appropriate for state officials -- and citizens -- to add their voices to the impeachment debate.

"Impeachment proceedings are now the most important issue facing our nation," the state senator explains. "The debate and opinions expressed should not be limited to the views of journalists, legal scholars, intelligence officials and just a few politicians. Every American must confront this issue and speak out loudly and clearly. This is one opportunity to do so."

Trent Lott's $700 Million Sin City Scheme

There is one good thing that comes with "conservative" Republican hegemony: Proof positive that the Grand Old Party is no longer even feigns interest in fiscal responsibility.

Complete Republican control of the White House and Congress has unleashed a pork-barrel spending spree of unprecedented proportions. Deficit spending in on the rise. The national debt is soaring. And the greying pachyderms of the GOP just keeps dipping into the federal treasury to pay for more pet projects.

With the federal government on track to spend $371 billion more than it takes in this year, these "fiscal conservatives" are on a spree that the rest of us will be paying off for decades to come.

And they show no sign of slowing down.

The latest example of how powerful Republicans are porking up the budget comes from Mississippi's Republican delegation, and even by the standards of this Congress it's a pork-barrel pig out.

Mississippi Senators Trent Lott and Thad Cochran, both self-proclaimed "conservatives," are busy securing Congressional approval for a $700 million scheme to relocate a Gulf Coast railroad line. Lott, the Dixiecrat-hailing former Senate Majority Leader who hopes to return to the chamber's leadership after Tennessee's Bill Frist steps down in January, is the prime mover of the budget pen on this one -- and the prancing Prince of Pork really has outdone himself.

The railroad line in question was just repaired at a cost of $250 million but, after that money was spent, Lott and Cochran suddenly figured our that the tracks needed to go elsewhere – so they added their $700 million "earmark" to a $106.5 billion emergency defense spending bill in the Senate.

Earmarks, for those who don't speak Washingtonese, are the legislative tricks that powerful members of Congress use to secure funding for homestate projects without going through standard budget reviews. They are usually attached to major spending bills, in hopes that a few hundred million in additional expense will not be noticed amid the hundreds of billions that are being allocated.

The earmark that Lott and Cochran have come up with is the largest in the history of the Congress. And it may well be the sleaziest.

The railroad line that's slated for removal is in great shape. And no one seriously suggests that moving it a slight distance will make it significantly more secure if a hurricane hits the region – as they regularly do. So why is the federal treasury being raided to pay for the relocation?

The CSX freight line is in the way of a grand plan by wealthy, politically-connected developers in Mississippi to erect new casinos and hotels along the beaches that were just devastated by Hurricane Katrina. They want to move a perfectly good railroad line to open up land so that they can, in the words of the Christian Science Monitor , "turn Mississippi's struggling Gulf Coast into Las Vegas South."

That's right. Lott and Cochran, who when they aren't bragging about their "fiscal conservatism" are busy preaching about the need to restore "moral values" to America, are grabbing $700 million from federal taxpayers to clear the way for a new Sin City.

Some will cry "hypocrisy." A better description is "business as usual" in Republican-run Washington.

Is Don Rumsfeld Really the Right Target?

When Democrats in my home state of Wisconsin voted at their state party convention last spring to call for the impeachment of President Bush and Vice President Dick Cheney, they added the name of Secretary of Defense Donald Rumsfeld to the list.

That still sounds like an appropriate roster for removal.

While there is much attention this week to the call from an ever widening circle of former military commanders in the failed Iraq War and other recent U.S. misadventures -- including a half dozen retired generals -- who have called for Rumsfeld's firing, how much sense does make to get rid of the Secretary of Defense when his actions have been so clearly a reflection of goals and strategies developed by the president and vice president?

No doubt, Rumsfeld has mishandled the Iraq invasion and occupation.

But would another Secretary of Defense chosen by Bush and Cheney do any better?

Doesn't the current crisis have more to do with the administration's misguided project of regime change and nation building than with the approach that Rumsfeld has taken to it?

If the problem is with the project, then shouldn't the focus be on the serious task of removing Bush and Cheney, rather than the cosmetic change of names of the office of the Secretary of Defense?

While there is no question that Rumsfeld should go, there ought to be some question about whether extracting one rotten apple from the barrel will cure what ails this administration.

It is true that the forced removal of Rumsfeld could further weaken a president whose popularity is already in steep decline. But it could also create the false impression of a course correction even as Bush and Cheney -- and Secretary of Defense Joe Lieberman -- steer the U.S. further into quagmire.

In Pursuit of Justice, In Search of Peace

The Nazarene whose resurrection is celebrated Sunday preached a gospel of justice and peace. His sincere followers recognize him as a man of action, who chased the money changers from the temple. But they recall, as well, that he rejected the violence of emperors and their militaries and he abhorred harm done to innocents.

Some years ago, in an effort to promote moral values, Christians of a particular persuasion began wearing wristbands imprinted with "WWJD?" -- the acronym for the question, "What Would Jesus Do?"

After George W. Bush -- who once identified the prophet as his favorite philosopher -- initiated a preemptive attack on Iraq, killing tens of thousands of civilians, critics of the president and his war offered a variation on wristband slogan. They printed bumper stickers that asked: "Who Would Jesus Bomb?"

The absurdity of the notion that the Nazarene would sympathize in any way with the violent invasion and occupation of Iraq was not lost on one of the greatest Christian spokesmen of our time, the Rev. William Sloane Coffin. The longtime chaplain of Yale University and pastor of New York City's Riverside Church, who marched with the Rev. Martin Luther King Jr. in the early days of the civil rights movement and came to national prominence as one of the most outspoken moral critics of the war in Vietnam, died last week at the age of 81.

Active to the end, Coffin explained in one of his last interviews that, "There are two major biblical imperatives: pursue justice and seek peace." Honoring those imperatives, he campaigned consistently and loudly – even as his own health failed -- for the quick withdrawal of U.S. troops from Iraq.

As a World War II veteran and a passionate patriot who described his arguments with U.S. foreign policies as "a lovers' quarrel," Coffin counseled his fellow citizens that, "What we shouldn't do is to believe President Bush when he says that to honor those who have died, more Americans must die. That's using examples of his failures to promote still greater failures."

The preacher who argued that, "War is a coward's escape from the problems of peace," believed that many of his fellow pastors were too tepid in their condemnation of the Bush administration and its Iraq imbroglio, explaining last fall that, "Local clergy must brave the accusation of meddling in politics, a charge first made no doubt by the Pharaoh against Moses. When war has a bloodstained face none of us have the right to avert our gaze. And it's not the sincerity of the Administration, but its passionate conviction of the war's rightness that needs to be questioned. Self-righteousness is the bane of human relations, of them all -- personal and international. And the search for peace is Biblically mandated. If religious people don't search hard, and only say 'Peace is desirable,' then secular authorities are free to decide 'War is necessary.'"

Coffin complained in the early years of the Bush interregnum that the United States was in a spiritual recession. But before his passing, Coffin witnessed encouraging signs that the recession was coming to a close.

Almost three dozen mainstream Christian denominations signed a February letter that signaled a more aggressive antiwar stance, in which U.S. religious leaders admitted that, "We have failed to raise a prophetic voice loud enough and persistent enough to deter our leaders from this path of preemptive war." That acknowledgement marks the opening of a more aggressive campaign on the party of the churches to raise a prophetic voice that, echoing William Sloane Coffin Jr. and the Nazarene he followed, calls for an immediate withdrawal of U.S. troops from Iraq. This is the truth that Coffin counseled must be spoken; just as the Pharaoh of ancient times had to be challenges, so must the pharaoh of our contemporary passage.

Pentagon Papers Figure Bids for Presidency

In the tradition of the late Paul Tsongas, the former Massachusetts senator who in 1991 launched a decidedly uphill run for the Democratic presidential nomination and succeeded in making his concerns about deficit spending central to the national discourse, another former U.S. senator will launch a presidential campaign Monday that seeks to highlight big ideas -- in this case about the Constitution and direct democracy.

Mike Gravel, who represented Alaska as a maverick Democratic Senate from 1969 to 1981, will announce his candidacy for the Democratic nomination with a press conference at the National Press Club.

Gravel came to national prominence in 1971, during the struggle over the Pentagon Papers, the secret official study that detailed how missteps and manipulations by successive U.S. administrations and their agents had created the quagmire that was the Vietnam War. Daniel Ellsberg, a military analyst, provoked a national uproar when he put the report in the hands of the New York Times, which published portions of it in June of that year. The Justice Department moved to block further publication of information from the Pentagon Papers and to punish newspaper publishers who revealed the contents. At that point, Gravel, a war critic, stepped in. The senator tried to read the contents of the study into the Senate record and to release them to the public, arguing that he had the authority to do so as a senator communicating with his constituents. He then sought to publish the papers in book form as The Senator Gravel Edition, The Pentagon Papers [Beacon Press]. When Justice Department went after the senator and his publisher, Gravel fought the case all the way to the Supreme Court. While lower courts expressed sympathy for the Gravel's stance, the high court rejected his claim that as a senator he had a right and a responsibility to share official documents with his constituents. Fortunately for Gravel, publicity surrounding the case was so damning to the administration's position that it finally backed off.

The Pentagon Papers battle was a classic Mike Gravel fight. A scrappy former speaker of the Alaska House of Representatives, the senator had little patience with the secrecy and compromises of official Washington. An unrelenting critic of nuclear weapons testing on the Alaskan island of Amchitka, he came to the Capitol prepared to take on presidents and fellow senators, and he did so repeatedly. Gravel clashed not just with the Nixon administration but with fellow Democrats who counseled a more cautious approach to a president who, before Watergate, was perceived as being both popular and powerful. It was Gravel who in 1971, against the advice of Democratic leaders in the Senate, launched a one-man filibuster to end the peactime military draft, forcing the administration to cut a deal that allowed the draft to expire in 1973.

In 1972, Gravel sought the Democratic nomination for vice president, winning the votes of 226 delegates at the Miami convention that nominated George McGovern for president. He would be reelected to the Senate with ease in the "Watergate election" of 1974, only to be defeated in the Reagan landslide of 1980.

In recent years, Gravel has been an outspoken advocate for democratic reforms, particularly a Constitutional amendment that would allow for national referendums on major public policy issues. He is, as well, a proponent of radical tax reform initiatives, such as the replacement of corporate and individual income taxes with a 23 percent national sales tax on goods and services.

Gravel plans to talk about those reforms in his campaign for the Democratic nod, but he will also highlight his passionate opposition to the Iraq War, which he frequently compares to Vietnam, and to the secrecy and dishonesty of the Bush administration, which he suggests is worse in many senses than what he saw during the Nixon years.

After the indictment last fall of Vice President Cheney's former chief of staff, I. "Scooter" Libby, as part of the ongoing investigation of moves by the Bush-Cheney administration to punish former Ambassador Joe Wilson for revealing that the president's arguments for going to war with Iraq were unfounded, Gravel said. "This is much more serious [than many of the fights over Nixon's wrongdoing]. What we are talking about here is actually a conspiracy of elements of the Bush administration to hoodwink, or lie, to the American people, so that they could go to war in Iraq. Of course that whole process took advantage of the Congress, and the American people, and the American media."

Though his record is impressive, and his ideas are worthy of discussion, Gravel probably faces an even greater challenge as a 2008 presidential contender than did Tsongas in 1992. Tsongas had been out of the Senate for less than a decade and was still a relatively young man when he waded into a much more fluid contest for the Democratic nomination against former President George Herbert Walker Bush. Gravel left the Capitol more than a quarter century ago and is now 75. He also faces the prospect that at least one current senator who shares many of his concerns about the war and official secrecy, Wisconsin's Russ Feingold, will be in the running. Feingold, who travels to Iowa later this month, has a much higher profile -- especially since he proposed censuring the president -- and is raising money and hiring staff at an aggressive clip.

But Gravel is experience, articulate and, above all, gutsy. And if he gets into a few of the higher-profile debates with Feingold and a group of other Democrats that could include New York Senator Hillary Clinton, Massachusetts Senator John Kerry, former North Carolina Senator John Edwards and others, the former senator from Alaska will hold his own. At the very least Mike Gravel begins with the promise, like that offered by Paul Tsongas back in the early 1990s, that with him in the running the Democratic debates are likely to be broader and better than they would be without him.

Talking Sense On Iran

What will the U.S. do about Iran? Sanction? Bomb? Invade?

How about... nothing.

That's right, nothing.

So suggests a Republican member of the U.S. House who has been sounding the alarm in Congress about the rush to act against what he dismisses as nothing more than "the next neocon target."

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"There is no evidence of a threat to us by Iran, and no reason to plan and initiate a confrontation with her," argues Representative Ron Paul, the conservative from Texas who has in recent weeks voiced the loudest and most consistent objections to attempts by the Bush administration and its allies in Congress to suggest that U.S. military action may be needed to avert a supposed nuclear threat from the country.

An "Old Right" Republican with a long libertarian streak who has been repeatedly reelected from a Texas district where American flags wave in the breezes blowing off the Gulf of Mexico, and where the word "patriot" is taken seriously by the congressman and his constituents, Paul offers the answer to the despairing question of whether there is anyone in Congress who recognizes that the course proposed by the Bush administration and its neoconservative gurus is one of sheer madness.

Instead of planning an attack, the Texas Republican argues, "There are many reasons not to do so."

In a detailed address delivered on the floor of the House last week, Paul detailed them:

Iran does not have a nuclear weapon and there's no evidence that she is working on one -- only conjecture.

If Iran had a nuclear weapon, why would this be different from Pakistan, India, and North Korea having one? Why does Iran have less right to a defensive weapon than these other countries?

If Iran had a nuclear weapon, the odds of her initiating an attack against anybody-- which would guarantee her own annihilation-- are zero. And the same goes for the possibility she would place weapons in the hands of a non-state terrorist group.

Pakistan has spread nuclear technology throughout the world, and in particular to the North Koreans. They flaunt international restrictions on nuclear weapons. But we reward them just as we reward India.

We needlessly and foolishly threaten Iran even though they have no nuclear weapons. But listen to what a leading Israeli historian, Martin Van Creveld, had to say about this: "Obviously, we don't want Iran to have a nuclear weapon, and I don't know if they're developing them, but if they're not developing them, they're crazy."

There's been a lot of misinformation regarding Iran's nuclear program. This distortion of the truth has been used to pump up emotions in Congress to pass resolutions condemning her and promoting UN sanctions.

IAEA Director General Mohamed El Baradi has never reported any evidence of 'undeclared' sources or special nuclear material in Iran, or any diversion of nuclear material.

We demand that Iran prove it is not in violation of nuclear agreements, which is asking them impossibly to prove a negative. El Baradi states Iran is in compliance with the nuclear NPT required IAEA safeguard agreement.

We forget that the weapons we feared Saddam Hussein had were supplied to him by the U.S., and we refused to believe UN inspectors and the CIA that he no longer had them.

Likewise, Iran received her first nuclear reactor from us. Now we're hysterically wondering if someday she might decide to build a bomb in self interest.

Anti-Iran voices, beating the drums of confrontation, distort the agreement made in Paris and the desire of Iran to restart the enrichment process. Their suspension of the enrichment process was voluntary, and not a legal obligation. Iran has an absolute right under the NPT (nuclear proliferation treaty) to develop and use nuclear power for peaceful purposes, and this is now said to be an egregious violation of the NPT. It's the U.S. and her allies that are distorting and violating the NPT. Likewise our provision of nuclear materials to India is a clear violation of the NPT.

Noting that the same neoconservatives who steered the United States into the quagmire that is Iraq now want to start a new preemptive war with Iran -- not because a fight in needed but in order to achieve the regime change they desire -- Paul says what ought to be the official line of all rational observers of the situation: "Hysterical fear of Iran is way out of proportion to reality."

The Texas Republican, who opposed the rush to war with Iraq in 2002 and remains a steadfast critic of the endeavor, also proposes the rational counter to neoconservative calls for a new war.

With a policy of containment, we stood down and won the Cold War against the Soviets and their 30,000 nuclear weapons and missiles. If you're looking for a real kook with a bomb to worry about, North Korea would be high on the list. Yet we negotiate with Kim Jong Il. Pakistan has nukes and was a close ally of the Taliban up until 9/11. Pakistan was never inspected by the IAEA as to their military capability. Yet we not only talk to her, we provide economic assistance-- though someday Musharraf may well be overthrown and a pro-al Qaeda government put in place. We have been nearly obsessed with talking about regime change in Iran, while ignoring Pakistan and North Korea. It makes no sense and it's a very costly and dangerous policy.

The conclusion we should derive from this is simple: It's in our best interest to pursue a foreign policy of non-intervention. A strict interpretation of the Constitution mandates it. The moral imperative of not imposing our will on others, no matter how well intentioned, is a powerful argument for minding our own business. The principle of self-determination should be respected. Strict non-intervention removes the incentives for foreign powers and corporate interests to influence our policies overseas. We can't afford the cost that intervention requires, whether through higher taxes or inflation. If the moral arguments against intervention don't suffice for some, the practical arguments should.

Intervention just doesn't work. It backfires and ultimately hurts American citizens both at home and abroad. Spreading ourselves too thin around the world actually diminishes our national security through a weakened military. As the superpower of the world, a constant interventionist policy is perceived as arrogant, and greatly undermines our ability to use diplomacy in a positive manner.

Conservatives, libertarians, constitutionalists, and many of today's liberals have all at one time or another endorsed a less interventionist foreign policy. There's no reason a coalition of these groups might not once again present the case for a pro-American, non-militant, non-interventionist foreign policy dealing with all nations. A policy of trade and peace, and a willingness to use diplomacy, is far superior to the foreign policy that has evolved over the past 60 years.

It's time for a change.

Indeed, it is.

Where to begin? How about with the Democrats in Congress?

Isn't it time for the so-called "opposition party" to start talking as much sense about Iran as a member of the president's own party?

Bush's Crumbling "Coalition" in Iraq

"We have won, and now we have to start working to implement our program and unify the country," Romano Prodi told Italians after the official count confirmed from that country's national elections confirmed exit polls showing Prodi's center-left coalition had deposed the government of Italian Prime Minister Silvio Berlusconi, who had allied Italy with George W. Bush's foreign policies.

With his Olive Tree coalition of moderate Christian Democrats, liberals, Greens, Socialists, former Communists and Communists on track to gain solid control of the lower of the two houses of the Italian Parliament, the Chamber of Deputies, and a narrow majority in the upper house, the Senate, Prodi says he is positioned to begin to implement an ambitious agenda. If all goes as planned, one of the new prime minister's first moves will be to pull Italy's contingent of 2,600 troops out of Iraq.

That will deprive the Bush administration's "coalition of the willing" occupation force in Iraq of its fourth largest contingent.

The Italian withdrawal will be the latest blow to the administration spin that suggests the occupation is a multinational initiative. A score of countries have withdrawn their troops or are in the process of doing so. Many of the exits were hastened by elections that -- as in Italy this week -- saw voters chose political leaders and parties that promised to quit the coalition.

With Italy out, only three countries -- the U.S., Great Britain and South Korea -- will have more than 1,000 troops on the ground in Iraq.

The Italian exit is expected to come quickly.

Prodi's coalition promised during the campaign to implement an immediate withdrawal and, in nationally-televised debate last week he spelled out how it will work. "When we go to the government we'll decide for a speedy pullout of the troops, in secure conditions, talking with the Iraqi authorities," said Prodi, who explained that his priority would be to implement the exit strategy "as soon as possible."

Prodi could have a hard time implementing much of his program, as the close divide in the Senate and his own unwieldy coalition are likely to make governing difficult. But the process of getting Italian troops home will be eased by the fact that many member of Berlusconi's coalition also favor withdrawal. Indeed, in an attempt to diffuse the war issue during the recent campaign, Berlusconi, himself, had suggested that he would try to get Italian troops out of Iraq by the end of the year.

After the U.S.-led invasion of Iraq, President Bush and his supporters spent a great deal of time talking about a "coalition of the willing" that at one time included four dozen countries. The president's use of the term "coalition" was always something of a misnomer, as it suggested a great deal of shared responsibility, when in fact the overwhelming majority of troops on the ground were from the U.S. Aside from the U.S. and Great Britain, no country ever had more than 5,000 troops in Iraq, and many of the coalition "partners" never had more than 100 troops in the country. Additionally, some of the largest troops contingents came from countries in eastern and central Europe that had been coerced to join the coalition by the U.S., which promised support for their efforts to integrate into international economic and political organizations in return for the commitment of troops to Iraq.

The president makes few references to his "coalition of the willing" these days because the coalition has been crumbling. Among the countries that have exited the coalition are Singapore (in January 2004), Nicaragua (February 2004); Spain (April 2004); Dominican Republic (May 2004); Honduras (May 2004); Norway (June 2004), Philippines (July 2004); Thailand (August 2004); New Zealand (September 2004); Tonga (December 2004) Hungary (December 2004); Portugal (February 2005); Moldova (February 2005); Netherlands (June 2005), Ukraine (December 2005) and Bulgaria (January 2006).Compared with the U.S. casualty rate, the Italians have suffered relatively few losses in Iraq.

But those losses have been deeply felt, as they have been in other coalition countries. Twenty-seven Italian soldiers died in Iraq, according to a CNN count. That's out of a coalition death toll, as of April 10 of 2,560 -- 2,353 of them Americans, one Australian, 103 Britons, 13 Bulgarians, three Danes, two Dutch, two Estonians, one Fijian, one Hungarian, one Kazakh, one Latvian, 17 Poles, two Salvadoran, three Slovaks, 11 Spaniards, two Thai and 18 Ukrainians.

Prodi has always said that the Italian death toll was 27 too many.

Prodi, a former prime minister, reentered Italian politics two years ago -- after serving as president of the European Commission -- when he backed a campaign against Italian participation in the coalition that used the slogan: "Iraq: A Wrongful War." Now, as the prime minister once more, Prodi will be able to implement the promise of that campaign by withdrawing Italian troops from the coalition and by further confirming that the ongoing occupation of Iraq is George W. Bush's project -- as opposed to that of a genuine "coalition of the willing."

When Will Democrats Break With Bush?

In light of the news that President Bush authorized a top Administration aide to use previously classified information as part of an orchestrated political attack on a prominent critic of the Administration, a radio host asked me over the weekend: "What will it take to get Republicans to break with Bush? How bad will things have to get before they realize that he's a disaster for the country?"

I answered that, in small but significant ways, Republicans have been breaking with Bush for some time now. When the President travels to states around the country to pump up support for his war, he often does so without the accompaniment of GOP members of Congress who find that they are otherwise engaged on the days that the Commander in Chief drops by their hometowns. While most leading Republicans refuse to admit as much publicly, they are putting more and more distance between themselves and a President whose approval rating has dropped to Nixon-in-Watergate depths.

When Congress voted recently on whether to extend the Patriot Act, some of the loudest "no" votes came from conservative Republicans such as Don Young of Alaska and Butch Otter of Idaho, who argued with Democratic US Senator Russ Feingold of Wisconsin that the legislation was an assault on basic liberties and Constitutional standards. As but a handful of Senate Democrats and key House Democrats such as Minority Whip Steny Hoyer and Democratic Congressional Campaign Committee chair Rahm Emanuel were lining up with the Bush Administration to curtail civil liberties, Texas Republican Ron Paul, perhaps the most consistent critic of the Patriot Act in the House, complained that "one prominent Democrat opined on national television that 'most of the 170-page Patriot Act is fine,' but that it needs some fine tuning. He then stated that he opposed the ten-year reauthorization bill on the grounds that Americans should not have their constitutional rights put on hold for a decade. His party's proposal, however, was to reauthorize the Patriot Act for only four years, as though a shorter moratorium on constitutional rights would be acceptable! So much for the opposition party and its claim to stand for civil liberties."

Perhaps even more significant than GOP opposition to the Patriot Act is the opposition from some of the most conservative Republicans in the House--including Paul, Walter Jones and Howard Coble of North Carolina, and John Duncan of Tennessee--to the war in Iraq. These Republicans, among others, are now among the most ardent and articulate Congressional critics of the Administration's policies in the Middle East.

Last week, Paul, Jones and a moderate Republican, Wayne Gilchrest of Maryland, joined with three Democrats--Neil Abercrombie of Hawaii, Ike Skelton of Missouri and Marty Meehan of Massachusetts-–in a push to get the House to hold a daylong debate on the war, declaring that: "Americans deserve an open and honest debate about the future of US policy in Iraq by their Representatives in Congress." While the debate demand of these Republicans stalwarts was stymied by their party leadership in the House, it is notable that House Republican leaders chose not to block a March 16 amendment by US Representative Barbara Lee, a Democrat from California, which put the House on record as opposing the construction of permanent US bases in Iraq. The decision not to fight Lee's amendment, which passed by an overwhelming voice vote, was a tacit acknowledgment by GOP leaders of the reality, pointed up in a recent University of Maryland Program on International Policy Attitudes (PIPA) poll, that 60 percent of Republican voters oppose a permanent US presence in that country.

Indeed, while a predictable 80 percent of Democrats support moves to begin withdrawal of US troops from Iraq, according to the PIPA poll, a rather more remarkable 52 percent of Republicans now want Washington to begin bringing the troops home.

Although their President and Vice President and a few key Congressional leaders may still be clinging to neoconservative fantasies, Republicans who actually care about their country-–as well as Republicans who care about the political viability of their party at a time when a new Associated Press/Ipsos poll finds that Americans would prefer a Democrat-led House by the widest margin in recent history, 49 percent to 33 percent-–are indeed beginning to make meaningful breaks with Bush.

So the question of the moment is not "What will it take to get Republicans to break with Bush?" The question is: "What will it take to get Congressional Democrats to break with Bush?"

Despite mounting evidence not just of the President's unpopularity but of his reckless disregard for the law-–which was again confirmed by last week's news of former Cheney chief of staff I. "Scooter" Libby's testimony that Bush authorized distribution of previously classified data as part of a concerted effort to undermine the credibility of former Ambassador Joe Wilson, who had revealed that the "case" for going to war in Iraq was based on false premises-–most Congressional Democrats continue to resist calls to hold the President accountable.

An American Research Group poll conducted in March found that 70 percent of Democrats, 42 percent of independents and 29 percent of Republicans surveyed favor censuring Bush for authorizing wiretaps of Americans within the United States without obtaining court orders. Yet Feingold's motion to censure Bush has drawn just two Democratic co-sponsors in the Senate, Barbara Boxer of California and Tom Harkin of Iowa.

The same American Research Group poll found that 61 percent of Democrats, 47 percent of independents and 18 percent of Republicans are supportive of moves to impeach Bush. Yet Representative John Conyers, the ranking Democrat on the House Judiciary Committee, has attracted just 33 co-sponsors for his resolution calling for the creation of "a select committee to investigate the administration's intent to go to war before Congressional authorization, manipulation of pre-war intelligence, encouraging and countenancing torture, retaliating against critics, and to make recommendations regarding grounds for possible impeachment." Most Democratic members of the Congressional Progressive Caucus, along with Vermont Independent Bernie Sanders, have signed on. But House minority leader Nancy Pelosi and others in leadership positions remain aggressively critical of the initiative.

Where, at the very least, is the united Democratic support for Representative Maurice Hinchey's call for the expansion of Special Counsel Patrick Fitzgerald's investigation into White House leaks-–which produced the indictment of Libby and last week's revelation about the role of the President and Vice President-–to examine the motivations of all of those involved in the White House's political assault on Joe Wilson? Hinchey, a New York Democrat, has been on the case since last summer, when he got thirty-nine other House members to sign a letter he wrote to Fitzgerald calling for the expanded investigation. As Hinchey says, "Justice will not be served until all of these matters are fully addressed in the courts and in the Congress."

Hinchey's right. But the fundamental truth of American politics remains that justice will only be served when the opposition party moves, as a united force encouraged and supported by its leadership in the House and Senate, to demand accountability from this Administration. For most Democrats, that will demand something they have not yet been willing to make: a break from Bush. And Democrats had better be quick about making that break, unless they want their Republicans colleagues to beat them to the punch.

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