ABOUT THAT AD...
In light of Norman Finkelstein's effort to peddle his vituperative book by taking out advertisements in The Nation [see page 17] calling me a liar, I have asked The Nation to print the letter I sent to Finkelstein prior to the publication of his attack on me, pointing out the numerous errors in his work. I'll let fair-minded readers decide which of us is the liar. Shame on Verso for descending to such a level of venomous and blatantly false sensationalism just to make a buck. I only hope The Nation is charging premium rates for the ads. Finally, to be called a liar by Norman Finkelstein is like being called a traitor by Osama bin Laden. It means you must be doing something right.
New York City
Since you were courteous enough to provide me with a prepublication copy of your proposed text labeling me, among other things, a hypocrite, a coward, a falsifier of documents and a shakedown artist and calling for my disbarment, I will provide you the reciprocal courtesy of a serious response, without the venom. Before dealing specifically with your material, though, I want to correct an apparent misapprehension about my relationship with what you call "the Holocaust industry." I have never met Edgar Bronfman or any member of his staff. I did not attend the dinner that opens your chapter. I have never represented the Claims Conference. Indeed, before this litigation, I had never even heard of it. For most of my career, I have been at odds with many Jewish organizations because, as an ACLU lawyer, I represented Nazis--and everyone else--in free speech cases.
In fact I was drawn into the Swiss banks case by a specific request from Chief Judge Korman, who, because of my academic reputation and my earlier work in his court challenging unconstitutional restrictions on access to the ballot, asked me to organize the plaintiffs' Executive Committee and to serve as co-counsel for all plaintiffs. My career has been as a civil rights/civil liberties lawyer and an academic. I spent eleven years on the full-time legal staff of the ACLU, eventually serving as ACLU National Legal Director during the Reagan years. Thus, while I have no quarrel with your right to criticize my work and my judgment, I do object to your inaccurate effort to cast me as a participant in some larger conspiracy. I am simply an experienced constitutional lawyer who was asked by a respected federal judge to take on a difficult case. Once I accepted Judge Korman's invitation to work on the Swiss bank litigation for deeply personal reasons, I fulfilled my duties as a lawyer to the best of my ability.
Your claim that I played a major role in developing the legal theories underlying the Swiss bank cases is true. My June 16, 1997, memorandum of law, together with the four amended complaints I filed on July 30, 1997, set out the legal arguments against Swiss banks. Your characterization of the legal theories as a "shakedown" is, however, completely false. The contract, bailment and constructive trust legal theories underlying the demand for the return of Holocaust-era bank accounts are conventional and universally acknowledged. The international law theories underlying the demand for the disgorgement of unjust enrichment obtained by Swiss banks through knowingly dealing in Nazi plunder and knowingly financing slave labor camps, while more controversial, fall comfortably within precedents in this circuit upholding international law claims against foreign defendants. If you took the time to read my June, 16, 1997, memorandum of law, you would see that the legal theories are very carefully developed. The best test of the validity of my theories is that the banks elected to pay $1.25 billion rather than face them in court.
Your accusation that "hypocrisy and cowardice" explain my failure to have sued the United States for its appalling immigration policy during World War II is ridiculous. If you had done a minimum of research, you would know that I have repeatedly sued the United States in far more challenging circumstances. I was the lawyer who sued the United States several times between 1968 and 1973, arguing that the Vietnam War was illegal. I was the lawyer who sued the United States on behalf of Morton Sobell when the parole board attempted to muzzle him after his release from federal prison. I was one of Daniel Ellsberg's lawyers arguing that the United States lacked power to enjoin publication of the Pentagon Papers. I represented The Progressive magazine when the United States sought to block publication of H-bomb designs. I was counsel in the first wave of flag desecration cases, arguing that the First Amendment protects symbolic use of the flag. I represented homeless plaintiffs in the Supreme Court when they sought to erect a tent city in Lafayette Park across from the White House. I represented the Socialist Labor Party when the authorities blocked its presidential candidate from the ballot. I challenged the effort to prevent Americans from traveling to Cuba. As National Legal Director of the ACLU during the Reagan years, I repeatedly challenged efforts by the United States to cut back on constitutional rights, including efforts to muzzle Palestinian speakers, and efforts to foreclose on family farmers. This year, in Velazquez, I successfully represented federally funded lawyers for the poor in the Supreme Court against the United States when Congress attempted to limit their ability to argue effectively in welfare cases.
The real reason that no suit was brought against the United States challenging its appalling World War II immigration record was not my "hypocrisy and cowardice" but the doctrine of sovereign immunity. Under well-settled law, you simply cannot sue the United States for damages arising out of an immigration decision, even an appalling one. For your information, we never sued Switzerland for its refugee policy because sovereign immunity would have blocked the action. The Swiss asked that refugees be allowed to participate in the settlement, and we agreed.
You seem to imply that it was dishonest of me to have criticized the Volcker audit in my June 16, 1997, memorandum of law while later praising the results of the audit in my subsequent submissions to the Court defending the Swiss bank settlement. But your incomplete description of my June 16, 1997, memorandum badly distorts my position.
The criticism of the Volcker committee audit contained in my June 16, 1997, memorandum was in response to a formal motion by counsel for the Swiss bank defendants seeking to dismiss the Swiss bank litigation as unnecessary because the Volcker audit could be trusted to deal with the problem of Holocaust-era bank deposits without the need for judicial involvement. I argued then--and would repeat the argument now--that a private, nonjudicial audit financed by a defendant can never be a complete substitute for judicial involvement in a difficult case. I noted in the portion of the memorandum you choose to ignore that the lawsuit and the audit should complement each other, and that by working together the two efforts could ultimately achieve a measure of justice for Holocaust victims. I was right. The Volcker audit was enormously valuable in providing the information needed to administer a credible claims program designed to return as many accounts as possible to their true owners. The lawsuit was crucial in pressing the banks to cooperate with the auditors, to provide necessary information to claimants, such as the publication of information concerning 21,000 accounts identified by the Volcker report as "probably" belonging to Holocaust victims, and to establish a credible claims process designed to return accounts to their true owners.
As you know, Chief Judge Korman noted that the Volcker audit validated the core allegations underlying the Swiss bank litigation. You conveniently omit the fact that once the banks' effort to use the audit as an excuse for dismissing the lawsuit failed, extremely close cooperation between the Volcker audit and the lawsuit was achieved. Indeed, Paul Volcker was ultimately appointed by Chief Judge Korman as an officer of the court to supervise the CRT claims process in Zurich designed to return as many Swiss bank accounts as possible to their true owners.
Finally, I note that you have correctly abandoned your untenable claim that Swiss banks did not engage in massive destruction of Holocaust-era bank records.
Your charge that I "flagrantly falsify key documents in published correspondence" is a lie--and you know it. Our exchange of letters in The Nation [Dec. 18 and 25, 2000] makes it clear that I was referring to the figures used by the German foundation "Remembrance, Responsibility and Future" in estimating Holocaust survivors. I was responding to your claim that I had overstated the number of surviving Holocaust victims. You challenged my assertion that more than 1 million Holocaust survivors would be benefited by a combination of the Swiss and German funds. I responded by stating that you must be using figures for Jewish survivors but overlooking the large number of non-Jews who suffered in the Holocaust. In making that statement, I was relying on the findings of the German foundation that more than 1 million surviving Nazi slave and forced laborers exist, about three-quarters of whom are non-Jewish. You conveniently ignore the German foundation in your chapter, perhaps because it doesn't support your obsession.
I will leave to Judah Gribetz the pleasure of demolishing your effort to mischaracterize his remarkable work as a "shakedown" of Holocaust victims. You misstate virtually everything about the allocation plan. In fact, the allocation plan is rigorously designed to distribute Swiss bank settlement funds to individual Holocaust victims, not organizations. In fact, all appeals affecting the ability to distribute are now over, and distribution is about to begin. In fact, the Second Circuit explicitly upheld the limitation of the Swiss settlement fund to targets of the Nuremberg race laws but not to persons who were persecuted on political or national origin grounds because the settlement fund is far too small to cover everyone in Europe. And that's just a few of your mistakes.
I have no illusions that you will alter your chapter to bring it closer to the truth. You appear to be so obsessed with waging your private political war against militant Zionism and the Jewish establishment that you simply cannot see anything except corruption and bad faith. No person or institution is free from actions that would justify criticism. But your stridency and rage prevents your work from playing any constructive role. Rather, you just become fodder for someone else's political obsessions.
We, the undersigned, support legislation to prohibit the cloning of human embryos for either medical experimentation or for giving birth to a human being.
In the next few weeks the Senate will hold hearings and vote on legislation that would outlaw the cloning of human embryos, either for the purpose of medical experimentation or the birth of a human being. The House already passed a similar bill in July. Until now the cloning debate has been viewed in Washington and the media as a classic struggle pitting social conservatives, antiabortion activists and the Catholic Church against the scientific community and progressive forces, with Republicans lined up on one side and Democrats on the other. Below the surface, however, another reality is beginning to take shape. Although reluctant to acknowledge it, some social conservatives and some left activists find common ground on the cloning issue [see Ralph Brave, "Governing the Genome," December 10, 2001]. An example of this convergence is a statement issued by sixty-seven prominent left progressives on January 23 supporting legislation to outlaw the cloning of human embryos.
The progressives backing this legislation worry that the market for human eggs that would be created by such research will provide unethical incentives for women to undergo health-threatening hormone treatment and surgery. They are also concerned about the increasing bioindustrialization of life by the scientific community and life science companies and are shocked that clonal human embryos have been patented and declared to be human inventions. On the other hand, few, if any, on the left oppose research on adult stem cells, which can be taken from people after birth and which have proved promising in animal studies and clinical trials. This approach poses none of the ethical, social or economic risks of strategies using embryo stem cells.
What about cloning a human being? Most members of Congress on both sides of the aisle would oppose a clonal birth. But for many in Congress, and in the scientific community and the biotech industry as well, opposition is solely based on the fact that the cloning technique is still unsafe and could pose a risk of producing a malformed baby. Far fewer members of either party would be against cloning a human baby were the procedure to become safe and reliable. After all, argue proponents, if an infertile couple desires to pass on their genetic inheritance by producing clones of one or both partners, shouldn't they be able to exercise their right of choice in the newly emerging biotech marketplace? Moreover, we are told not to be overly concerned, because even though the clone will have the exact same genetic makeup as the original, it will develop differently because its social and environmental context will be different from that of the donor.
What unites social conservatives and progressives on cloning issues is their commitment to the intrinsic value of life and their opposition to what they perceive to be a purely utilitarian perspective on biotech issues. To be sure, the social conservatives and left activists differ in the "life issues" they embrace and champion. The former crusade for what they regard as the rights of the unborn and family values and rail against infanticide, euthanasia and pornography. The latter speak out on behalf of the poor, women, abused children, fellow animals and the global environment. Both groups come together in opposition to cloning--but for different reasons.
Many on the left argue that with cloning the new progeny become the ultimate shopping experience--designed in advance, produced to specification and purchased in the biological marketplace. Cloning is, first and foremost, an act of production, not creation. Using the new biotechnologies, a living being is produced with the same degree of engineering as we have come to expect on an assembly line. For the first time in the history of our species, we can dictate, in advance, the final genetic constitution of the offspring. The child is no longer a unique creation--one of a kind--but rather an engineered reproduction.
The left also warns that cloning opens the way to a commercial eugenics civilization. Already life science companies have leaped ahead of the political game being played out in Congress and the media by patenting human embryos and stem cells, giving them upfront ownership and control of a new form of reproductive commerce, with frightening implications for the future of society. Many on the left worry that human cloning, embryonic stem cell research and, soon, designer babies, lay the groundwork for a new form of biocolonialism, in which global life science companies become the ultimate arbiters of the evolutionary process itself.
Neither the social conservatives nor the left activists are entirely comfortable with the new alliance, and they will continue to disagree in many areas. But on biotech issues both of these groups will increasingly break ranks with their traditional political affiliations--the social conservatives with market libertarians and the left activists with social democratic parties.
The biotech era will bring with it a very different constellation of political visions and social forces just as the industrial era did. The current debate over cloning human embryos and stem cell research is already loosening the old alliances and categories. It is just the beginning of the new biopolitics.
Now we get to see just how cowardly the Democrats in Congress can be.
(With apologies to Stephen Foster)
The Enron hearings stretch ahead,
Until the final soundbite's said.
Oh, doo-dah day.
Pols will posture night,
Pols will posture day.
They'll show the voters just how tough they are,
Browbeating some CPA.
They'll talk of all the laws they'll make,
And meanwhile they're still on the take.
Oh, doo-dah day.
Pols will posture day,
Pols will posture night.
The guy who's shmeered them for a dozen years
Now is the guy they'd indict.
The death on January 23 of the French philosopher and sociologist Pierre Bourdieu came as the American chattering classes were busy checking the math in Richard Posner's Public Intellectuals: A Study of Decline--an unintentional parody of sociology in which Posner presents a top-100 list ranking writers and professors according to the number of times they turned up on television or Internet searches. Bourdieu, whose heaviest passages crackled with sardonic wit, would have had a wonderful time exploring this farcical project, which takes for granted that Henry Kissinger (No. 1), Sidney Blumenthal (No.7) and Ann Coulter (No. 74) are in the Rolodex because they are leading the life of the mind--why not include Dr. Ruth or, as one wag suggested, Osama bin Laden? In tacitly conceding the fungibility of celebrity even while decrying it, Posner confirms Bourdieu's gloomy predictions about the direction modernity is swiftly taking us: away from scholarship and high culture as sources of social prestige and toward journalism and entertainment.
Bourdieu himself argued that scholars and writers could and should bring their specialized knowledge to bear responsibly and seriously on social and political issues, something he suspected couldn't be done on a talk show. His involvement during the 1990s in campaigns for railway workers, undocumented immigrants and the unemployed, and most recently against neoliberalism and globalization, was the natural outgrowth of a lifetime of research into economic, social and cultural class domination among peoples as disparate as Algerian peasants and French professors, and as expressed in everything from amateur photography to posture. It's hard to think of a comparable figure on the American left. Noam Chomsky's academic work has no connection with his political activities, and it's been decades since his byline appeared in The New York Review of Books or the New York Times. One friend found himself reaching all the way back to C. Wright Mills.
Bourdieu, who loved intellectual combat, called himself "to the left of the left"--that is, to the left of the ossified French left-wing parties and also to the left of the academic postmodernists aka antifoundationalists, about whose indifference to empirical work he was scathing. Reading him could be a disturbing experience, because the explanatory sweep of his key concept of habitus--the formation and expression of self around an internalized and usually accurate sense of social destiny--tends to make ameliorative projects seem rather silly. Sociology, he wrote, "discovers necessity, social constraints, where we would like to see choice and free will. The habitus is that unchosen principle of so many choices that drives our humanists to such despair." Take, for example, his attack on the notion that making high culture readily available--in free museums and local performances--is all that is necessary to bring it to the masses. (In today's America, this fond hope marks you as a raving Bolshevik, but in France it was the pet conviction of de Gaulle's minister of culture, André Malraux.) In fact, as Bourdieu painstakingly demonstrated in Distinction, his monumental study of the way class shapes cultural preferences or "taste," there is nothing automatic or natural about the ability to "appreciate"--curious word--a Rothko or even a Van Gogh: You have to know a lot about painting, you have to feel comfortable in museums and you have to have what Bourdieu saw as the educated bourgeois orientation, which rests on leisure, money and unselfconscious social privilege and expresses itself as the enjoyment of the speculative, the distanced, the nonuseful. Typically, though, Bourdieu used this discouraging insight to call for more, not less, effort to make culture genuinely accessible to all: Schools could help give working-class kids the cultural capital--another key Bourdieusian concept--that middle-class kids get from their families. One could extend that insight to the American context and argue that depriving working-class kids of the "frills"--art, music, trips--in the name of "the basics" is not just stingy or philistine, it's a way of maintaining class privilege.
Although Bourdieu has been criticized as too deterministic--a few years ago The New Yorker characterized his views, absurdly, as leading "inexorably to Leninism"--he retained, in the face of a great deal of contrary evidence, including much gathered by himself, a faith in people's capacities for transformation. He spent much of his life studying the part played by the French education system in reifying class and gender divisions and in selecting and shaping the academic, technocratic and political elite--the "state nobility"--that runs France, but he believed in education; he railed against the popularization and vulgarization of difficult ideas, but he believed in popular movements and took part in several. In one of his last books, Masculine Domination, he comes close to arguing that male chauvinism is a cultural universal that structures all society and all thought; he is that rare man who chastises feminists for not going far enough--but the book closes with a paean to love.
Bourdieu's twenty-five books and countless articles represent probably the most brilliant and fruitful renovation and application of Marxian concepts in our era. Nonetheless, he is less influential on the American academic left than the (to my mind, not to mention his!) obscurantist and, at bottom, conservative French deconstructionists and antifoundationalists. Perhaps it is not irrelevant that Bourdieu made academia and intellectuals a major subject of withering critique: You can't read him and believe, for example, that professors (or "public intellectuals," or writers, or artists) stand outside the class system in some sort of unmediated relation to society and truth. The ground most difficult to see is always the patch one is standing on, and the position of the intellectuals, the class that thinks it is free-floating, is the most mystified of all. It was not the least of Bourdieu's achievements that he offered his colleagues the means of self-awareness, and it's not surprising either that many decline the offer. His odd and original metaphor of the task of sociology holds both a message and a warning: "Enlightenment is on the side of those who turn their spotlight on our blinkers."
In a few weeks, East Timor will be able to celebrate both its independence as a country and its status as a democracy. Elections will have produced a government able to seek and receive international recognition. An undetermined number of Timorese, herded by the Indonesian Army into the western part of the island during the last spasms of cruelty before Jakarta formally abandoned its claim to the territory, will not be able to celebrate. And the entire process is gruesomely overshadowed by the murder of at least a quarter of a million Timorese during the illegal Indonesian occupation.
Having simmered on the back burner through the aftermath of September
11, Congress's effort to obtain records from Vice President Dick
Cheney's energy task force has now reached the boiling p
"I see Native people dying every day because they can't afford health insurance," Elouise Cobell said over the phone in mid-January from Washington, DC, as she prepared to testify against Interi
On Saturday, February 2, approximately 12,000 demonstrators gathered in New York City to protest the meeting of the World Economic Forum.
The challenge to global capitalism is more relevant now than before September 11.
Enron's power project in India demonstrates who benefits from globalization.
The problems of people of color show what's wrong with American democracy.
In the modern Greek dictionary, the word "Filipineza" means "maid."
If I became the brown woman mistaken
for a shadow, please tell your people I'm a tree.
Or its curling root above ground, like fingers without a rag,
without the buckets of thirst to wipe clean your mirrorlike floors.
My mother warned me about the disappearance of Elena.
But I left her and told her it won't happen to me.
The better to work here in a house full of faces I don't recognize.
Shame is less a burden if spoken in the language of soap and stain.
My whole country cleans houses for food, so that
the cleaning ends with the mothers, and the daughters
will have someone clean for them, and never leave
my country to spend years of conversations with dirt.
When I get up, I stand like a tree, feet steady, back firm.
From here, I can see Elena's island, where she bore a child
by a married man whose floors she washed for years,
whose body stained her memory until she left in the thick
of rain, unseen yet now surviving in the uncertain tongues
of the newly-arrived. Like the silence in the circling motions
of our hands, she becomes part myth, part mortal, part soap.