The long-awaited publication of Clarence Thomas's memoir, "My Grandfather's Son," out Monday, makes you wonder: how come none of the presidential candidates have said a word about the Supreme Court in any of their debates? Three sitting justices are expected to resign in the next four years--and they're all on the liberal side: John Paul Stevens, David Souter, and Ruth Bader Ginsburg.
The publication facts behind Thomas's book ought to be discussed by all the candidates: he received an advance of $1.5 million in 2003 from HarperCollins, which is owned by Rupert Murdoch. If you thought the Court dealt with any issues of relevance to Murdoch, you might call it a conflict of interest for Thomas to accept that payment--far more than any sitting justice ever received from any single source. At least you might mention the fabled "appearance of impropriety." You might call the $1.5 million a thank-you gift from Murdoch for services rendered. You might even wonder if it might be a subtle suggestion to other justices who will be ruling on Murdoch-related issues in the future.
Of course Thomas could avoid that "appearance of impropriety" by recusing himself for the rest of his career from any case raising issues concerning Murdoch, Fox, the First Amendment, copyright law, libel, or any other issues in media or communications law. That would give him a lot of time off.
Yes, it was the first President Bush who nominated Clarence Thomas to succeed civil rights legend Thurgood Marshall - but it was Democrats in the Senate who put him on the court. The teeth-gnashing facts about Clarence Thomas's confirmation can be found in the new book by Washington Post reporters Kevin Merida and Michael Fletcher, "Supreme Discomfort: The Divided Soul of Clarence Thomas." The vote in the Senate on Thomas was 52-48 - the smallest margin for any justice in more than a century. A shift of three votes would have kept Thomas off the court.
Here's the horrible part: at least four senators who voted for Thomas came to regret their vote within a year or two. Merida and Fletcher report that the senators who changed their mind about Thomas after voting for him include David Boren, Democrat of Oklahoma; John Breaux, Democrat of Louisiana; Fritz Hollings, Democrat of South Carolina, and Warren Rudman, Republican of New Hampshire.
Even some of Thomas's most avid defenders stopped saying he told the truth about Anita Hill; Orrin Hatch told Merida and Fletcher that, even if Anita Hill told the truth, what she said about Thomas sexually harassing her wasn't really all that bad.
As for Thomas's memoir, it's a long howl of outrage against the liberals who opposed his confirmation 16 years ago. The book was treated by HarperCollins as if it were the next Harry Potter - "embargoed" until Oct. 1, the first day of the Supreme Court's fall term -- a total clampdown that made it impossible for anyone to buy the book until Monday morning. I tried to buy it at my local Barnes and Noble Sunday night at 10 pm, and was told by a nervous manager that if they sold it to me even two hours before the "embargo" ended, "the publisher would see it on the computer and we'd be fined."
Yet somehow Rush Limbaugh managed to get hold of a copy - Thomas appeared on his show for a full ninety minutes Monday morning. (Maybe the fact that Thomas presided at Rush's wedding was a factor here - an unprecedented act for a sitting Justice.) Murdoch's Fox News was next in line, with a Sean Hannity interview Tuesday.
On the other hand, Nina Totenberg, NPR's Supreme Court reporter, who broke the sexual harassment story during Thomas's confirmation hearing back in 1991, did a piece on the book on Saturday. She's one of Thomas's nemeses; somebody will definitely be in trouble for the fact that she beat the embargo.
John Dean knows something about White House abuse of power. He wrote a bestseller in 2004 on the Bush White House called "Worse Than Watergate." In a recent interview I asked him what he thinks of that title now. Now, he replied, a book comparing Bush and Nixon would have to be called "Much, Much Worse."
"Look at the so-called Watergate abuses of power," he said. "Nobody died. Nobody was tortured. Millions of Americans were not subject to electronic surveillance of their communications. We're playing now in a whole different league."
And how does Bush compare with the Republicans seeking to succeed him? "If a Rudy Giuliani were to be elected," Dean said, "he would go even farther than Cheney and Bush in their worst moments."
What about the rest of the pack? "I'm very concerned about the current attitude in the Republican party," he said. "However there are candidates on the Republican side who are not quite as frightening as Giuliani." When I asked who he had in mind, he laughed and said "Ron Paul." He conceded that "there's no chance he's going to be president."
Dean's new book is "Broken Government: How Republican Rule Destroyed the Legislative, Executive, and Judicial Branches." It's a massively documented and thorough indictment, arguing that, over the last 30 years, Republicans have broken or ignored laws, rules, and the Constitution. He's especially critical of the growth of presidential power under Bush II, and what he calls the "corruption" of the courts by "radical conservatives."
I asked Dean to imagine the moment when Bush leaves office on Jan. 20, 2009, presumably to be replaced by a Democrat, presumably Hillary -- will it then be possible to say "our long national nightmare is over"? Dean replied with one word: "Yes."
He quickly added, "I do feel strongly that the Republicans have so abused the law and embedded so many people within the system, within the executive branch, that's it's going to take a couple of terms of Democratic presidents before you have people there who are representing the American people."
Does that mean he is supporting Hillary? "She's obviously the one the other Democrats have to beat," he said, "but I don't take any position."
How then would he describe his political position? He says in his new book that he's left his "former tribe" - does that make him a Democrat today? "It doesn't," he replied. "I carry water for nobody. My only interest is being an honest information broker about what's happening. I have no agenda other than explaining - and being shocked at my former tribe."
"I've had invitations to become involved with Democrats," he added, "and have turned them all down. I'm an independent. That happens to be the largest group of voters in the country today - we're about 40 per cent strong."
When I pressed Dean to comment on the Democratic candidates, he said he was more interested in whether any Democrats would raise what he called "process" issues - "kind of a dull-sounding word, but actually it's about the machinery of democracy. I was stunned when the Kerry campaign in 2004 totally ignored the remarkable secrecy of the Bush administration. I called the Kerry campaign after the election, and asked them why they hadn't raised this issue. The Kerry people told me, 'We didn't raise it because it's a process issue.'"
"I began making inquiries," he continued, "and found that lots of Democratic party campaign consultants believe that the candidates shouldn't mention process issues. Democrats thought it would make them look wimpy to say 'we're being excluded from the legislative process.' Kerry didn't want to raise secrecy for the same reason - he thought it would sound wimpy."
Was Kerry right about the electorate? "I found that's exactly 180 digress away from the truth," Dean replied. "Most people can't tell you what a motion to recommit is. They don't know about that kind of process. But they know when they're getting screwed. And process is designed to protect the public interest. So people get it when the game of politics is not being played fairly, when one party is using the process for their own benefit. These kinds of things are of great interest to about 20 to 30 million voters."
What about the many more who are apathetic and ignorant -- doesn't that make him pessimistic about political change? Dean conceded that "large segments of the American public are turned off and tuned out from the democratic process. They can't name their senators. They don't know who's the Chief Justice. But the reason I'm optimistic is that I think we have enough proxies in those who are interested. They are fairly representative of those who are not. When you give them the information they need, they do the right thing. That's why I'm trying to give people good information and hard facts to show people what's gone wrong."
The death of 14 army soldiers in a helicopter crash in northern Iraq on August 23 included ten stationed in Hawaii, making that Hawaii's "worst day . . . since the Vietnam War" – that's what the Honolulu Advertiser declared in a page one banner headline and story.
Like much of America, I'm on vacation in late August. For me, it's Hanalei on the Hawaiian island of Kauai, where my plan was to snorkel a different North Shore beach every day, stop for a shave ice afterwards, eat local fish, and stay far away from the news. But the Iraq war is inescapable, even in this idyllic escape. At the Big Save in Hanalei, past the taro fields, there's a big display of Spam and another of cheap flip-flops, but the newspaper headline about the "Worst Day" was hard to miss.
The Vietnam-Iraq parallel is a familiar one in debates among pundits and politicians over the war's rationale and future, but the explicit comparison of daily battlefield deaths in Iraq and Vietnam in a local newspaper appears to be something new.
The ten killed near Kirkuk had been part of a 7,000 soldier unit from the army's Schofield Barracks, north of Pearl Harbor, deployed in Tikrit and Mosul. Their mission, originally scheduled for one year, has been extended to 15 months. The Thursday deaths bring the total to 39 soldiers from the Hawaiian unit killed on this deployment, plus an additional 13 killed on a 2004 deployment.
Despite the millions of tourists who come to Hawaii annually, the islands in many ways are a like a series of small towns, and the death of fourteen soldiers on one day left the state "stunned," according to the Advertiser. The paper devoted two full inside pages to the news, in addition to most of the front page and editorial page.
The obvious question is: why? What purpose did these deaths serve? The Advertiser's editorial didn't raise that question – instead it urged that readers "comprehend the number of lives lost." But the editorial cartoon, drawn by Dick Adair of the Advertiser, couldn't have been clearer: George Bush says "Remember what happened when we pulled out of Vietnam. . . " and next to him a combat soldier drawn in Bill Mauldin style says "Then why did we go into Iraq?"
The second day came the news that the soldiers killed in the Blackhawk helicopter crash died not as a result of enemy fire rather because of a "tail rotor malfunction."
The Advertiser also reported that "promotions were handed out posthumously for several of the 14 soldiers who died."
The stories of the dead men filled a page in the Advertiser headlined "Grief and Questions." Captain Nathan C. Hubbard, 21, died in the Blackhawk crash three years after a roadside bomb killed his older brother Jared, 22, near Falujah. The family has one other son, Jason, 33, who is also deployed in Iraq. He told his wife he will be flying back home for good, with his brother's body, under army rules that prevent parents from losing all their children in war.
Spc. Michael A. Hook, originally from Altoona Pa. would have turned 26 on the day his body was scheduled to arrive at Dover Air Force base in Delaware. "He'll be home on his birthday," his stepmother told reporters.
Captain Joshua S. Harmon, 20, grewup in Mentor, Ohio. A family friend told reporters "Josh joined the service with the intent to be a career soldier," but "after one deployment in Iraq, he realized the limitations that gave him. He told us he was frustrated. He became a medic to take care of people, but he would see injured non-soldiers as they made their way down alleys in a hot zone and they couldn't stop. That was very frustrating for him. That's when he decided to go to medical school and become a doctor. . . . The military is shrouded in macho this and macho that, but Josh cared about people – whether they were Iraqis or Americans. The whole mess frustrated him."
Israel went to war 40 years ago this week more because of "psychological weakness" than because of a genuine strategic threat--that's the conclusion of Tom Segev, one of Israel's leading historians, and author of the new book 1967: Israel, the War, and the Year that Transformed the Middle East. June 5 is the 40th anniversary of the beginning of Israel's Six-Day war, when the occupation of the West Bank and Gaza began. I spoke with Tom Segev on the phone in Jerusalem on Monday.
The prevailing view of the war, in both the US and Israel, was expressed by historian Michael Orren, who wrote in the LA Times on Sunday that the war "saved Israel from destruction." Segev commented, "We don't really know that. We don't really know what the Arabs intended to do." But we do know what Israelis thought: "They thought Egypt was out to destroy them. It's really a psychological matter more than a clear-cut strategic one. Psychologically Israelis were very weak on the eve of the Six-Day War; they believed they were facing a second Holocaust."
How much of that psychology was an accurate response to the strategic situation, and how much was caused by other factors? "The crisis of May 1967 caught Israel at a weak point in its history," Segev said, "with economic recession and unemployment, more Israelis leaving Israel than Jews coming to live there, a generation gap with people fearing they were losing their children as Zionists, and a widespread feeling that the Zionist dream was over. And beyond that Israel was feeling the first acts of Palestinian terrorism, and the army had no answer to that, just as it doesn't have an answer to today's terrorism. All this led to a deep pessimism. Then the crisis broke out."
I asked Segev whether he thought Israel over-reacted to Egyptian and Syrian threats by going to war. "I think this crisis might have been solved without war," he replied. "There were suggestions coming from Washington and several ideas in Israel about how to do that. But that required a stronger society, stronger nerves, stronger leadership, more patience, and we didn't have all that. So we gave in to an understandable Holocaust panic. That made war with Egypt inevitable. But to say today that the Six-Day War saved Israel's existence--that is not accurate."
Today we think of the occupation of the West Bank and Gaza as the main legacy of the 1967 war. Orthodox Jews regard the West Bank as the biblical land of Israel: Judea and Samaria. They believe God wants Jews to live there. I asked Segev how popular that idea was in Israel before the war. "It was not very popular," he said. "Most Israelis did not expect the Green Line to change. Some had hopes--there was a strong political party headed by Menachem Begin that advocated taking the West Bank, but most Israelis regarded that as unrealistic.
The government came to the same conclusion: "Six months prior to the war," Segev reports, "the head of the Mossad, the head of the Army intelligence branch, and the Foreign Office sat down together and did something Israelis don't often do – they thought ahead. They concluded it would not be in the interests of Israel to take the West Bank. Because of the Palestinian population, of course. Six months before this war. Then on June 5, Jordan attacks Israeli forces in Jerusalem, and all reason is forgotten: Israel takes East Jerusalem, and the West Bank, in spite of all the reasons not to do so, in opposition to our national interest."
Segev's book has a stunning cover: a photo of Israeli soldiers posing triumphantly in front of the Dome of the Rock on the Temple Mount in Jerusalem, one of the three holiest shrines in Islam. When Israeli forces conquered the old city, he reports, the chief rabbi of the Israeli army advised his commanding officer to blow up the Dome of the Rock. "Everybody lost their minds," Segev explained. "Everybody was euphoric. There were lots of crazy ideas floating around. It speaks to the credit of the military commander that he told the chief rabbi of the army, ‘if you repeat that suggestion, I will put you in jail.' But that was the atmosphere in those days--a feeling that the sky's the limit, we're an all powerful empire. The euphoria that followed the war was as wrong as the panic that preceded it."
As Israeli forces advanced through the West Bank, Segev shows, they pressured Palestinians to leave, to flee to Jordan. "200,000 Palestinians left the West Bank," he told me, "and at least half of them were actually forced to leave. Many are still in Jordan. When speak about the refugee problem we think about 1948, but there is a refugee problem from 1967 as well."
Back in 1948, the UN had called for the creation of a Palestinian state in the West Bank and Gaza, but Jordan occupied the West Bank and Egypt occupied Gaza. I asked Segev what kind of national movement existed among Palestinians on the eve of the Six-Day War. "It was very weak," he said, "not much more than a feeling of shared identity and solidarity. Actually as a result of the Six-Day War the Palestinian national identity became much stronger, just as Israeli analysts had predicted prior to the war."
Future prime minster Yitzhak Rabin supported Palestinian independence after the war, according to Segev, who reports that the Israeli government held secret talks at the time with Palestinian leaders. "Isn't that amazing?" he said. "Rabin was chief of staff. He felt it was the right moment to punish Jordan, to take the West Bank away from Jordan, but not God forbid, to control it--instead to give the Palestinians independence. He thought that was the right way to do it. By the way, that's what the government of Israel thinks today, 40 years later – and it's what most Israelis think."
At a Democratic Party fundraiser hosted by Arianna Huffington in Los Angeles recently, Howard Dean and Barbara Boxer laid out strategy for the upcoming Congressional races, with lots of strong talk about retaking the House next fall -- and, on Dean's part, one stunning silence: Iraq.
The occasion was a fundraiser for a Democrat hoping to win a special House election next month in a Republican district in northern San Diego county. The former incumbent, "Duke" Cunningham, dubbed "the poster boy of Congressional corruption," pled guilty to several felony counts of bribery and resigned. The special election will be held on April 11, and the Democrats are putting impressive resources into electing Francine Busby, a school board member campaigning as an ethics-in-government candidate. She lost to Cunningham in 2004.
The presence at Arianna's house of the Democratic National Chairman, a senator, and three members of Congress underscored the importance Democrats attach to this campaign. Taking over a Republican district in this special election, they argue, would set the tone for the Congressional races to come in the fall.
In Arianna's grand living room, Dean said the Democrats would never win back a majority in Congress by running only on their traditional issues--health care, Social security and education. He said "we need to learn from Karl Rove, and attack our opponents where they are strong"--which means attacking them on defense.
"Here's our strategy for 2006," he said. "We need to argue that Bush has failed to get bin Laden; after five years in power, he's failed to stop North Korea's nuclear weapons program; he's failed to stop Iran's nuclear weapons program; and he's failed to provide adequate security for our ports. We need to argue that the Democrats will do a better job protecting the nation than Bush has. We promise that we will kill or capture bin Laden; with the help of China and Russia, we will shut down the North Korean nuclear program; we will prevent Iran from becoming a nuclear power; and we will protect our ports."
Notably missing from the list: "we will end the war in Iraq."
Boxer took a different tack. The Democrat who won more votes in 2004 than any candidate in the nation except for Bush and Kerry, who won more votes in 2004 than any Senate candidate in history--6.9 million votes--called the war a "disaster" and "a horror story" and said, "We should listen to the Iraqi people. Polls show that 70 per cent of the Iraqi people now say we should leave. We should do what they want--and bring the troops home."
Jane Harmon, a "moderate" from LA who is the senior Democrat on the House Intelligence Committee, was also in Arianna's living room--and was notably silent. In other venues she has endorsed a proposal to maintain US troop levels in Iraq and shift US forces to major urban centers and key economic areas. "We've got about a year to get it right," she recently said.
Elsewhere Nancy Pelosi of San Francisco, the House Democratic leader, has endorsed Pennsylvania Democrat John Murtha's call for immediate withdrawal. Dean, however, has supported gradual withdrawal of US forces: 80,000 troops out by the end of this year, and the remaining 60,000 withdrawn by the end of 2007, with many redeployed to nearby bases in Afghanistan, Kuwait and Asia.
Candidate Busby's position on the war is to the right of Dean: while her campaign emphasizes that she "opposed the war in Iraq from the beginning and believes the war was a distraction from the very real threat of terrorism," she is in favor of setting "benchmarks" rather than a timetable for withdrawal--which is not too different from the Bush position.
The open district, which runs along the coast north of San Diego, has 160,000 Republicans and only 107,000 Democrats. The race is turning out to be one of the most expensive House campaigns in the country. The eleven Republicans and Busby together have raised nearly $1.9 million, making it the fourteenth most expensive House campaign, according to the San Diego Union-Tribune. Busy has raised more than $520,000, while her leading Republican opponent, Alan Kurt Uke, has reported raising $420,000, according to the Union-Tribune, most of it from himself.
The crowd at Arianna's was heavy with candidates for other state and local offices and campaign staffers keeping one eye on their Blackberries. Hosts included Sherry Lansing, dubbed by the Hollywood Reporter "the grande dame of female executives," who is stepping down as head of Paramount Pictures; Robert Greenwald, whose most recent film, Wal-Mart: The High Cost of Low Price just opened in Europe; and several members of ANGLE, "Access Now for Gay and Lesbian Equality." If any of them were looking for a clear party position on ending the war in Iraq, they left bitterly disappointed.



