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May 6, 2002 | The Nation

In the Magazine

May 6, 2002

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Mark Schapiro uncovers Big Tobacco's multibillion-dollar global smuggling network, Edward Said argues that Israel is aiming to eliminate the Palestinians as a people, Marc Cooper calls for a probe into US activities in Venezuela and Cynthia Cooper reports on the appalling state of medical treatment in US women's prisons.

Letters

Judith Butler's April 1 "Guantánamo Limbo" intelligently discusses the failure of the Geneva Conventions to take account of "prisoners of the new war" and links this failure to its flawed premises regarding states.

Editorials

During the two-day opera buffa that was the on-again, off-again military coup against Venezuelan President Hugo Chávez, National Security Adviser Condoleezza Rice played a brief but memorable role. Throughout the long day and night that the democratically elected Chávez was sequestered and the military's handpicked provisional president, Pedro Carmona, dissolved all constitutional institutions--the National Assembly, the Supreme Court, the attorney general's office and the national electoral commission--Rice and the rest of the Administration remained approvingly silent while sending spokesman Ari Fleischer out to say in effect that it was Chávez's own fault. Only after the elected president was rightfully restored to office did Rice take to the boards to scoldingly tell Chávez that he, not the coup-makers, should "respect constitutional processes."

Although the coup was denounced by nineteen Latin American heads of state as a violation of democratic principles, the Bush Administration publicly countenanced the military takeover. Not only did Washington demonstrate a radically selective view of the rule of law; it left itself starkly isolated in a hemisphere that has been subject to endless US lecturing on democracy. As Senator Christopher Dodd has noted, "To stand silent while the illegal ouster of a government is occurring is deeply troubling and will have profound implications for hemispheric democracy."

The leading US papers of record so shamelessly parroted the White House in their initial editorials that the New York Times had to apologize. By midweek, Chávez back in power, the Times recanted: "Forcibly unseating a democratically elected leader, no matter how bad he may be, is never something to cheer."

There can be little doubt the Bushies were crestfallen that Chávez didn't get the permanent hook. Venezuela supplies the United States with nearly as much oil as Saudi Arabia. And Chávez has gleefully thumbed his nose at Americans by befriending Castro, warming to Qaddafi and Saddam and playing footsie with the Colombian guerrillas. Indeed, Chávez--a former army paratrooper--rode to power as the embodiment of open challenge to the so-called Washington Consensus of hemispheric free-market economics in 1998. And he has gone out of his way ever since to enrage both the Venezuelan economic oligarchs and the US State Department with regular blasts of red-hot populist rhetoric.

That Washington wanted to get rid of Chávez is undeniable. Prior to the attempted coup US officials met with Carmona and other leaders of the coalition that ousted Chávez; and Rogelio Pardo-Maurer, the Pentagon official responsible for Latin America, met with Gen. Lucas Rincon Romero, chief of Venezuela's military high command in December. Later, during Carmona's brief reign, according to a State Department official quoted by the Times, Assistant Secretary for Western Hemisphere Affairs Otto Reich phoned Carmona--ostensibly to urge him not to dissolve the National Assembly. The Organization of American States panel now investigating in Caracas should probe the precise scope of any US role in the failed coup.

Whoever masterminded the ousting of Chávez badly miscalculated. The majority of Venezuelan combat unit commanders remained loyal and forced Chávez's return to power. The political alliance that spearheaded the coup--the upper and middle classes supported by the trade union movement--was also short-lived. After the military picked Carmona, a prominent leader of the business class, to run the provisional government, labor--literally overnight--withdrew its support. Within hours of taking over, Carmona found himself isolated, and his house of cards collapsed.

That said, no one should confuse Hugo Chávez with Salvador Allende, the democratically elected Chilean president overthrown thirty years ago by a similar US-supported alliance of the economic upper class and the military. Chávez has failed to produce much of the radical change he promised. He showed little of the respect that Allende did for authentic democratic institutions. Unlike Allende, whose public support increased before his overthrow, Chávez has seen his original 80 percent support drop to just over 30 percent. And Allende never turned police and armed supporters against peaceful protesters as Chávez did, provoking a shootout that injured scores and killed more than a dozen.

Allende spoke to his nation as a professor; Chávez, who staged his own failed coup in 1992, often as a thug. Chávez's undeniable charisma flirts with megalomania, his denunciations of all opposition borders on the paranoiac and his antidote to the hollower forms of democracy is often ham-fisted demagogy. Corruption within his regime, an increasingly autocratic style and an inability to make much of a dent in poverty have swollen Chávez's opposition far beyond the ranks of the pro-American economic elite.

After winning by a landslide in 1998, Chávez moved aggressively to dismantle the old system. The two traditional parties were pushed to the margins, the discredited congress was replaced by a unicameral house, corruption was exposed and punished. Vowing to lift up the two-thirds of the population earning less than $2 a day, and infuriating the economic oligarchy, Chávez issued a series of decrees increasing state intervention in the economy and beginning much-needed land reform. But Chávez's authoritarian ways and his failure to make good on deep reform suggest that consensus-winning alternatives championing social justice and authentic democracy are still works in progress.

Chávez presides over a fractured and volatile Venezuela. The military split is perilous. The class divide has been ripped wide open. Now is the time for Chávez to talk a whole lot less and do a whole lot more. When Gabriel García Márquez met with Chávez earlier in his tenure, the Colombian writer was "overwhelmed by the feeling that I had just been traveling with two opposing men. One to whom the caprices of fate had given an opportunity to save his country; the other, an illusionist who could pass into the history books as just another despot." And just as it seemed Chávez was succumbing to the latter fate, almost magically he has been granted another chance to achieve the former.

The Enron "outrage," AFL-CIO president John Sweeney told a rapt crowd of several hundred workers at Milwaukee's Serb Memorial Hall, is "not the story of one corporation's abuses, but sadly it's an example of business as usual in boardrooms and executive suites all across the country." Over the coming months, at a series of town-hall meetings around America, the AFL-CIO will warn workers that they, too, could be "Enroned," and it will call for "no more business as usual."

In an unprecedented way, argues AFL-CIO corporate affairs director Ron Blackwell, the Enron scandal "opens up a channel of public discourse on issues of retirement security and corporate accountability." In the booming nineties nobody wanted to hear why corporations and capital markets had to be better regulated, and reformers were left pleading for corporations to be "socially responsible." But today, "new economy" job-hoppers as much as steelworkers have good reasons to listen to union warnings about deeply flawed 401(k) plans and Social Security privatization.

The labor movement helped win millions in severance pay for laid-off Enron workers, provided legal counsel for workers battling Enron's creditors, sued Enron executives (through union-affiliated Amalgamated Bank) on behalf of pension funds that lost hundreds of millions of dollars in Enron's collapse and helped ex-Enron workers--both union and nonunion--tell Congress and the public how they were misused. The AFL-CIO requested new Securities and Exchange Commission rules and forced four Enron directors to withdraw from renomination at other corporate and public boards. Now labor is challenging Enron director Frank Savage's renomination to Lockheed Martin's board, sending the message that independent directors have a public trust.

Besides supporting auditor reform, the AFL-CIO is promoting legislation to strengthen the rights of workers in 401(k) plans--to a point. Senator Jon Corzine, backed by the Pension Rights Center, initially proposed prohibiting employees from holding more than 20 percent of their employer's stock in their plans. But after complaints from unions representing some workers who had bet big with their employers' stock, like pilots and GE employees, the AFL-CIO backed Senator Ted Kennedy's legislation, which places a less stringent limit on the employees' 401(k) holdings of their employers' stock but which, quite importantly, would require equal worker and employer representation in governing the plans. Enron worker Dary Ebright, who lost $300,000 from his 401(k), argues that limits make sense. "If that had been in place," he said in Milwaukee, "I wouldn't be here today."

Sweeney hopes that unions can use votes on Enron-related reforms to draw lines in this year's elections showing what candidates put first--corporations or workers. The AFL-CIO attacked Republican Representative John Boehner's legislation, passed in April, for "wip[ing] out existing retirement protections for workers under the guise of responding to" Enron. The House bill would permit investment firms to advise workers about financial products, like mutual funds, from which those firms profit--precisely the kind of 1990s conflict of interest that is under investigation at several Wall Street brokerages. While providing limited protections for workers and preserving executive privileges, the House bill would also make it easier for corporations to exclude most employees from retirement plans. Labor's advocacy for Enron workers and retirement security could also strengthen organizing, including efforts among white-collar workers, by sparking a more "enlightened" view of a collective voice at work, as it did with former Enron vice president Dennis Vegas, now a union enthusiast.

But a budding labor scandal threatens the movement's credibility on corporate accountability. It appears that a few labor leaders, sitting on the board of ULLICO, parent of Union Labor Life Insurance Company, personally profited from privileged deals in the Enronlike boom and bust of telecommunications upstart Global Crossing, while their unions' pension funds were denied the same opportunity. Robert Georgine, president of ULLICO and former president of the AFL-CIO's building and construction trades department, former Iron Workers president Jake West, Plumbers president Martin Maddaloni and Carpenters president Douglas McCarron are among those who got windfalls of several hundred thousand dollars. In March Sweeney, who did not take part in the deal, called on ULLICO, like Enron, to appoint an independent committee and counsel to investigate, but in mid-April Georgine said he would take a "somewhat different" approach. "We're not going to ask Enron to live by one set of standards and ULLICO to live by another," Sweeney insisted. Many union officials say they were shocked and disgusted by the news, a reminder that "no more business as usual" is a widely applicable slogan, even within union ranks.

As Molly Ivins put it in a recent column: "Across the length and breadth of this land of ours, from the mountain to the prairie, from every hill and dale comes the question, 'Where are the Democrats?'" For weeks pundits have dismissed Democrats as having no clue about how to mount a credible challenge to the failed domestic policies of the Bush Administration. But when representatives of the party's core progressive constituencies gathered in Washington in mid-April at the Reclaiming America conference, sponsored by the Campaign for America's Future, it was possible to imagine the lineaments of such an opposition. Members of Congress like Representatives Jan Schakowsky and Sheila Jackson Lee and Senator Paul Wellstone, who have been pressing for months for a more aggressive Democratic stance on domestic issues, no longer sounded like voices in the wilderness of post-September 11 politics. These leaders of the democratic wing of the Democratic Party were joined at the podium by House minority leader Dick Gephardt, Senator John Edwards and Vermont Governor Howard Dean--all prospective presidential candidates--who seconded Schakowsky's message that the Republican agenda of tax cuts for the wealthy and service cuts for the majority is making the rich richer, the poor poorer and the middle class less secure.

A Democracy Corps survey, released by pollster Stan Greenberg at the conference, provided evidence of public support for an issues-based assault on the Bush Administration's domestic agenda. As Joel Rogers, co-author of America's Forgotten Majority, aptly summed up: "On a broad range of basic concerns, ranging from investing in education, securing affordable healthcare for all, protecting Social Security, lifting the minimum wage to a living wage, leveling up not down in trade, protecting workers on the job as well as the food we eat, the air we breathe and the water we drink, large majorities of Americans stand with us and oppose Bush's policies." And as Senator Jon Corzine argued, the Enron scandal reminded a lot of people "that the pendulum has swung far too far to the right, now endangering our prosperity as well as our core values."

So if progressive values are flourishing at the grassroots, how come Democrats in Congress continue to be cautious? That's a question that speakers like the Rev. Jesse Jackson, Ivins, National Organization for Women president Kim Gandy and populist political agitator Jim Hightower asked in well-received speeches at the conference. We'd like to think that Gephardt and others headed back to Capitol Hill as ready to fight as their rhetoric suggested. But we know Gandy was right when she said that progressive activists must keep the pressure on by refusing to be satisfied with a little bit of Congressional opposition to the Administration's right-wing agenda. It is time, Gandy and others said, for progressive Democrats to start demanding that our representatives give us more victories like the defeat of Mississippi Federal Judge Charles Pickering's nomination to the Court of Appeals for the Fifth Circuit. As long as there is no bold challenge to the extremism of this Administration, it will exploit the tragedy of September 11 to stifle debate and push national policy in an ever more regressive direction.

Only the blind or those who diplomatically avert their eyes could not see the purpose of Israel's systematic destruction of Palestinian Authority offices and those of numerous cultural and civic NGOs with no connection to the intifada. Serge Schmemann writes in the New York Times of the damage inflicted on ministries in Ramallah, including "a systematic effort by the Israeli Army to strip institutions of the Palestinian Authority of as much data as possible." An "administrative massacre," one Palestinian called it. Sharon's goal has been laid bare, like those bulldozed homes in Jenin: to destroy Yasir Arafat, the Palestinian Authority and indeed all political life in the occupied territories, thus realizing the right's dream of "Greater Israel."

Against the backdrop of Sharon's scorched-earth invasion, there was an air of unreality about Secretary of State Colin Powell's diplomatic mission to the region. The trip ended as it began, with no forceful action or statements by Powell, and no sense that he had achieved anything other than buying time for the Israeli army to continue its incursions into the West Bank. Sharon's brushoff of George W. Bush's hollow demands that he end Operation Defensive Wall without delay made it seem that the President was calling in from some parallel universe. Sharon can read the Washington political winds--the Administration's essential tolerance of his "war on terrorism" and its aversion to pressuring him by cutting off the military aid that paid for those Apache helicopters and F-16s that pounded Jenin refugee camp into a humanitarian disaster. How could Sharon perceive otherwise, given the Likudnik sympathies of Bush's national security and Pentagon staff, the near-unanimous Congressional backing for Israel's hard-line policies, the influential neocon and Christian right publicity offensive against pressuring Sharon and the sight of US legislators entertaining the archfoe of any negotiations with the Palestinians, Benjamin Netanyahu?

Yet there are still principled and pragmatic voices of peace in Israel, like the brave journalist Amira Hass, who derided the Israeli obsession with Arafat (trapped in his offices, unable even to flush the toilet, let alone stop the terror, in the words of a Palestinian official) or the veteran Israeli peace activist Uri Avnery, who pointed out that "the more fighters and suicide bombers are killed, the more fighters and suicide bombers are ready to take their place.... Thus Sharon and his chief of staff, Shaul Mofaz, create the terrorist infrastructure." And there are the members of the Israeli-Palestinian Peace Coalition, led by Yasir Abed Rabbo and Yossi Beilin, who are experienced negotiators striving to keep lines of communication open between the two peoples. These and the civil society groups in Europe and America bearing witness for peace in the area are keeping the flame of hope alive. The elements of a political settlement now exist. The International Crisis Group has suggested an externally imposed solution within the parameters discussed at Taba in January 2001. If the Palestinians are to disavow violence, there must be a real pullback of Israeli troops in return, and a US blueprint for a final political settlement enforced by international monitors.

It's hard to imagine a tale of corporate mischief that would shock veteran observers of the US tobacco industry. But even the most jaded reader may raise an eyebrow at the allegations reported on page 11 that major American tobacco companies smuggled cigarettes and laundered money on a vast scale, defying US and foreign law and defrauding foreign governments of hundreds of millions in tax revenues before engineering a rewrite of the USA Patriot Act last fall to shield themselves from international liability. For this special report, the result of an investigation by The Nation, the Center for Investigative Reporting, and NOW With Bill Moyers--with support from the Investigative Fund of the Nation Institute--journalist Mark Schapiro traveled to Colombia, whose state governments are suing the companies in US court, to assess the charges and to inspect the scene of the alleged smuggling operations. (NOW airs its investigative report on April 19.)

The Bush Administration ought to cooperate with authorities in Colombia and other countries in their efforts to hold US corporations accountable. It should support legislation to establish clearly the principle of jurisdiction in US courts over allegations of wrongdoing by American companies overseas. And the Justice Department should launch an investigation into the activities of US tobacco firms in Colombia to determine whether laws were broken and prosecution is warranted. It is important for the rest of us to raise the political cost of inaction. Republicans in Congress and in the White House may one day realize that with friends like Philip Morris, they don't need enemies.

I am beginning to suspect that Nation readers may not fully appreciate the challenges Attorney General John Ashcroft faces. What would you do in his place? Your intelligence agencies had no advance knowledge of the September 11 plot and don't appear to know much more about future attackers. Airport security screeners are letting test bombs and guns pass at alarming rates, and your immigration agency is so hapless that it issued visa extensions to two of the hijackers six months after they died flying planes into the World Trade Center towers. When you consider the threat from their side and the incompetence on ours, it's understandable that Ashcroft has cast his net so wide. He's shooting in the dark. In fact, the expanse of his net is probably inversely proportional to the depth of the intelligence he has received.

But just as with the terrorists themselves, understanding Ashcroft's motives does not justify his actions. To date, despite the thousands of Arab and Muslim immigrants arrested, searched, profiled and questioned, Ashcroft has charged only a single person--Zaccarias Moussaoui--with any involvement in the attacks of September 11. And he was arrested before the attacks occurred. Such broad-brush tactics are unlikely to succeed, for they give notice to potential targets, allowing them to evade detection while alienating the very communities we must work with to identify potential threats who may be living among them.

Ashcroft has shown no signs of getting closer to his target. And the less he finds, the wider he sweeps. He recently announced that he was extending to 3,000 more people his much-criticized initiative to subject male immigrants from Arab countries to "voluntary" interviews, despite the fact that the initial interviews have led to no further charges in the investigation. And having learned how easy it is to use immigration law as a pretext for criminal law enforcement when you lack probable cause, the Justice Department is now preparing to enlist local police officers to help enforce immigration law, a disastrous proposal likely to drive immigrant communities even deeper underground.

The lengths to which Ashcroft will go was revealed most recently by his indictment of Lynne Stewart, a 62-year-old New York attorney who has made a career of courageously taking on clients for whom few other lawyers are willing to risk their reputations. Her most notorious such case was defending Sheik Omar Abdel Rahman in his 1995 criminal trial for conspiring to bomb the tunnels into Manhattan. Now she's charged with providing "material support" to the sheik's organization, the Egypt-based Islamic Group, largely by abetting communications between the sheik--whom prison regulations prohibit from communicating with virtually anyone in the outside world--and others in the group.

The government simultaneously announced that it will make Rahman its test case for its unprecedented initiative to listen in on attorney-client communications. Confidential exchanges with lawyers have long been sacrosanct, because they are critical to any fair legal process. In the past, they could be intruded upon only with a warrant based on probable cause that the communications were intentionally furthering criminal activity, but the new regulations permit monitoring without a warrant or probable cause. But under regulations issued after September 11, the government claims the authority to monitor attorney-client communications without establishing probable cause for believing that the communications are being used for illegal ends, and without obtaining authorization from a judge.

Most troubling, Ashcroft is prosecuting Stewart although she has not been charged with furthering any illegal or violent activity of the Islamic Group, a wide-ranging Islamic political movement that engages in a great deal of lawful activity in addition to terrorism. While many have criticized the government for targeting a lawyer, of far more concern is its criminalization of speech and associations having no connection to terrorism. Unable to link Stewart to any actual terrorist activity in any way, Ashcroft has resorted to guilt by association. As a US citizen, Stewart will at least have an opportunity to defend herself in a public trial. Not so the hundreds of noncitizens still being detained on immigration charges in connection with the September 11 investigation, many long after their immigration proceedings have concluded. Under orders from Ashcroft, they are being tried in secret proceedings closed to the public, press, legal observers and family members.

In a major setback for the Ashcroft agenda, US District Judge Nancy Edmunds on April 3 declared the closed proceedings unconstitutional. She ruled that open trials are a fundamental feature of our justice system and that any closure must be carried out not in the sweeping manner that Ashcroft so favors but through means narrowly tailored to protect national security interests. The government has appealed, arguing that to act in a more narrowly tailored fashion might tip off Al Qaeda to what we do and don't know. But one has to wonder whether the government's real concern isn't that opening the proceedings might tip off the public to just how wildly John Ashcroft is shooting in the dark.

Columns

Stop the Presses

To immerse oneself in Robert Caro's heroic biographies is to come face to face with a shocking but unavoidable realization: Much of what we think we know about money, power and politics is a fairy tale. Our newspapers, magazines, broadcast and cable newscasts are filled with comforting fictions. We embrace them because the truth is too messy, too frightening, simply too much.

In a 1997 speech on the topic, Ben Bradlee attributes our problem to official lying. "Even the very best newspapers have never learned how to handle public figures who lie with a straight face. No editor would dare print.... 'The Watergate break-in involved matters of national security, President Nixon told a national TV audience last night.... That is a lie.'"

But the problem is much larger than Bradlee allows. Caro demonstrates how this colossal structure of deceit clouds the historical record. The unelected Robert Moses exercised a dictatorial power over the lives of millions of New Yorkers for nearly half a century. He uprooted communities and destroyed neighborhoods using privately run but publicly funded entities called "public authorities," whose charters he personally wrote. Before the publication of The Power Broker in 1974 (1,246 pages, after having been cut by 40 percent to fit into a single volume), no book or major magazine article existed on the topic. Caro's obsessive exhumation of Moses's career transformed our understanding of the mechanics of urban politics. And yet even today the media proceed as if it's simply a matter of campaigns, elections and legislation.

The true face of our money-driven political system is buried so far beneath the surface of our public discourse that almost nobody has any incentive to uncover it. With a meager $2,500 advance to sustain him, Caro sold his house and nearly bankrupted his family; his wife, Ina--a medieval historian--went to work as his full-time researcher. When I asked why he did it, he got a little choked up about the sacrifice of Ina's career and how much she had loved their old house. Finally he said he had no idea. The Caros' combination of intellectual independence and professional dedication inspires comparisons with another great marital partnership: that of the late, great Izzy and Esther Stone. (Can anyone imagine what Izzy would have come up with if he had committed virtually his entire career to smoking out the truth about just two powerful men?)

Caro's new book, Master of the Senate, volume three of The Years of Lyndon Johnson, forces us not only to rewrite our national political history but to rethink it as well. What Caro is doing here is something we rarely see attempted in any medium: His aim, as he once explained to Kurt Vonnegut, "is to show not only how power works but the effect of power on those without power. How political power affects all our lives, every single day in ways we never think about."

Caro's been burrowing beneath the shadows of the substance of our politics for more than twenty-eight years, and what he finds is both fascinating and surprising. In many ways Johnson's personality--so outsized and contradictory as to be cognitively uncontainable--gets in the way of this compulsively readable story, which is about how power is exercised in this country.

Lyndon Johnson did not invent the form of legislative power he exercised through the Senate in the 1950s, but Caro has almost had to invent a new history to describe it. People have told pieces of it here and there, but who's got the time, the motivation or the patience to really nail down not only what happened but what it meant to the nation? Here's a tiny example, of which this new book has almost one a page. Listen to longtime Senate staffer Howard Shuman: "William S. White, [whom Caro terms the Senate's "most prominent chronicler"] wrote that the way to get into the Club was to be courteous and courtly. Well, that's nonsense." Johnson mocked and humiliated liberal New York Senator Herbert Lehman at every opportunity: "It didn't have anything to do with courtly. It had to do with how you voted--with whether or not you voted as Lyndon Johnson wanted you to vote." Neil MacNeil, veteran Time correspondent adds, "The Senate was run by courtesy, all right--like a longshoreman's union."

Now don't go looking in old Time magazines for any hint of this. Caro spends more than 300 of his 1,167 pages on the incredible story of Johnson's navigation of the 1957 Civil Rights Act through Congress, something that hardly anyone thought possible until he pulled it off. With the singular exception of Tom Wicker, then a green (and largely ignored) young reporter for the Winston-Salem Journal, no one covering the story had an inkling of how it happened.

One indisputable conclusion that Caro offers is pretty tough to swallow. The advances in civil rights legislation that helped end centuries of legal apartheid in this country could never have occurred had they not been planned and executed by a man who turns out to have been a thoroughgoing racist. Caro was much criticized for downplaying Johnson's 1948 support for Truman, considering the fact that his lionized opponent, Coke Stevenson, stood with the racist Strom Thurmond Dixiecrat campaign. But Johnson, it turns out, attacked Truman's civil rights policies no less virulently. He gave a campaign speech in May 1948 in which he compared civil rights legislation to the creation of "a police state in the guise of liberty." Caro found the speech in a White House file with the following admonition stapled on top. "DO NOT RELEASE THIS SPEECH-speech--not even to staff...this is not EVER TO BE RELEASED." Thanks to Caro, this story, and with it a big chunk of our history, has been released as well.

Addendum: George W. Bush's Executive Order 13233, which effectively eviscerates the Presidential Records Act of 1978 by fiat, is designed to insure that no historian can ever provide this kind of public service again. Twenty Democrats and three Republicans are co-sponsors of a bill to restore it. Write your representatives and tell them to get on board.

A friend and I were sitting around commiserating about the things that get to us: unloading small indignities, comparing thorns. "So there I was," she said, "sitting on the bus and this man across the aisle starts waving a copy of law professor Randall Kennedy's new book Nigger. He's got this mean-looking face with little raisiny eyes, and a pointy head, and he's taking this book in and out of his backpack. He's not reading it, mind you. He's just flashing it at black people."

"Don't be so touchy," I responded. "Professor Kennedy says that the N-word is just another word for 'pal' these days. So your guy was probably one of those muted souls you hear about on Fox cable, one of the ones who's been totally silenced by too much political correctness. I'd assume he was just trying to sign 'Have a nice day.'"

"Maybe so," she said, digging through her purse and pulling out a copy of Michael Moore's bestselling Stupid White Men. "But if I see him again, I'm armed with a 'nice day' of my own."

"That's not nice," I tell her. "Besides, I've decided to get in on the publishing boom myself. My next book will be called Penis. I had been going to title it Civil Claims That Shaped the Evidentiary History of Primogeniture: Paternity and Inheritance Rights in Anglo-American Jurisprudence, 1883-1956, but somehow Penis seems so much more concise. We lawyers love concision."

She raised one eyebrow. "And the mere fact that hordes of sweaty-palmed adolescents might line up to sneak home a copy, or that Howard Stern would pant over it all the way to the top of the bestseller list, or that college kids would make it the one book they take on spring break----"

"...is the last thing on my mind," I assured her. "Really, I'm just trying to engage in a scholarly debate about some of the more nuanced aspects of statutory interpretation under Rule 861, subsection (c), paragraph 2... And besides, now that South Park has made the word so much a part of popular culture, I fail to see what all the fuss is about. When I hear young people singing lyrics that use the P-word, I just hum along. After all, there are no bad words, just ungood hermeneutics."

"No wonder Oprah canceled her book club," she muttered.

Seriously. We do seem to have entered a weird season in which the exercise of First Amendment rights has become a kind of XXX-treme Sport, with people taking the concept of free speech for an Olympic workout, as though to build up that constitutional muscle. People speak not just freely but wantonly, thoughtlessly, mainlined from their hormones. We live in a minefield of scorched-earth, who-me-a-diplomat?, let's-see-if-this-hurts words. As my young son twirls the radio dial in search of whatever pop music his friends are listening to, it is less the lyrics that alarm me than the disc jockeys, all of whom speak as though they were crashing cars. It makes me very grateful to have been part of the "love generation," because for today's youth, the spoken word seems governed by people from whom sticks and stones had to be wrested when they were children--truly unpleasant people who've spent years perfecting their remaining weapon: the words that can supposedly never hurt you.

The flight from the imagined horrors of political correctness seems to have overtaken common sense. Or is it possible that we have come perilously close to a state where hate speech is the common sense? In a bar in Dorchester, Massachusetts, recently, a black man was surrounded by a group of white patrons and taunted with a series of escalatingly hostile racial epithets. The bartender refused to intervene despite being begged to do something by a white friend of the man. The taunting continued until the black man tried to leave, whereupon the crowd followed him outside and beat him severely. In Los Angeles, the head of the police commission publicly called Congresswoman Maxine Waters a "bitch"--to the glee of Log Cabin Republicans, who published an editorial gloating about how good it felt to hear him say that. And in San Jose, California, a judge allowed a white high school student to escape punishment after the student, angry at an African-American teacher who had suspended his best friend, scrawled "Thanks, Nigga" on a school wall. The judge was swayed by an argument that "nigga" is not the same as "nigger" but rather an inoffensive rap music term of endearment common among soul brothers.

Frankly, if Harvard president Lawrence Summers is going to be calling professors to account for generating controversy not befitting that venerable institution, the disingenuous Professor Kennedy would be my first choice. Kennedy's argument that the word "nigger" has lost its sting because black entertainers like Eddie Murphy have popularized it, either dehistoricizes the word to a boneheaded extent or ignores the basic capaciousness of all language. The dictionary is filled with words that have multiple meanings, depending on context. "Obsession" is "the perfume," but it can also be the basis for a harassment suit. Nigger, The Book, is an appeal to pure sensation. It's fine to recognize that ironic reversals of meaning are invaluable survival tools. But what's selling this book is not the hail-fellow-well-met banality of "nigger" but rather the ongoing liveliness of its negativity: It hits in the gut, catches the eye, knots the stomach, jerks the knee, grabs the arm. Kennedy milks this phenomenon only to ask with an entirely straight face: "So what's the big deal?"

The New Yorker recently featured a cartoon by Art Spiegelman that captures my concern: A young skinhead furtively spray-paints a swastika on a wall. In the last panel, someone has put the wall up in a museum and the skinhead is shown sipping champagne with glittery fashionistas and art critics. I do not doubt that hateful or shocking speech can be "mainstreamed" through overuse; I am alarmed that we want to. But my greater concern is whether this gratuitous nonsense should be the most visible test of political speech in an era when government officials tell us to watch our words--even words spoken in confidence to one's lawyer--and leave us to sort out precisely what that means.

Late in the evening in back-road America you tend to pick the motels with a few cars parked in front of the rooms. There's nothing less appealing than an empty courtyard, with maybe Jeffrey Dahmer or Norman Bates waiting to greet you in the reception office. The all-night clerk at the Lincoln motel (three cars out front) in Austin, Nevada, who checked me in around 11:30 pm last week told me she was 81, and putting in two part-time jobs, the other at the library, to help her pay her heating bills since she couldn't make it on her Social Security.

She imparted this info without self-pity as she took my $29.50, saying that business in Austin last fall had been brisk and that the fifty-seven motel beds available in the old mining town had been filled by crews laying fiber optic cable along the side of the road, which in the case of Austin meant putting it twenty feet under the graveyard that skirts the road just west of town.

Earlier that day, driving from Utah through the Great Basin along US 50, famed as "the loneliest road," I'd seen these cables, blue and green and maybe two inches in diameter, sticking out of the ground on the outskirts of Ely, as if despairing at the prospect of the Great Salt Lake desert stretching ahead.

So we can run fiber optic cable through the Western deserts but not put enough money in the hands of 81-year-olds so they don't have to pull all-night shifts clerking in motels. What else is new?

People who drive or lecture their way through the American interior usually notice the same thing, which is that you can have rational conversations with people about the Middle East, about George W. Bush and other topics certain to arouse unreasoning passion among sophisticates on either coast. Robert Fisk describes exactly this experience in a recent piece for The Independent, for which he works as a renowned reporter and commentator on mostly Middle Eastern affairs.

Fisk claims on the basis of a sympathetic hearing for his analysis--unsparing of Sharon's current rampages--on campuses in Iowa and elsewhere in the Midwest that things are now changing in Middle America. After twenty-five years of zigzagging my way across the states I can't say I agree. It's always been like that, and even though polls purport to establish that a high percentage of all Middle Americans claim to have had personal exchanges with Jesus and reckon George W. to be the reincarnation of Abe Lincoln, the reality is otherwise. Twenty years ago Fisk would have met with lucid views in Iowa on the Palestinian question, plus objective assessments of the man billed at that time as Lincoln's reincarnation, Ronald Reagan.

Some attitudes do change. White people are more afraid of cops than they used to be. A good old boy in South Carolina I've bought classic cars from for a quarter of a century was a proud special constable back in the early eighties. These days if a police cruiser passes him on the highway, he'll turn off at the next intersection and take another road. Reason: A few years ago a couple of state cops stopped him late at night, frisked him, accused him of being drunk. This profoundly religious Baptist told them truthfully he'd never consumed alcohol in his life. Then they said he must be a drug dealer. He reckons the only reason they didn't plant some cocaine in his car was that he told them to check him out with the local police chief, an old friend.

I know from the stats that a lot of Americans are poor, so how come I'm often the only fellow on the road, or in town, in an old car aside from some of the Mexican fieldworkers in California for whom such cars are home? Most everyone seems to be in a late-model pickup or at least a nice new Honda Civic. I know, I know. The poor are out there, lots of them, but the whole place just doesn't seem to feel as poor as it often did in the early eighties recession. Then, day after day you could drive through towns that felt like graveyards, with no prospect of fiber optic cable.

Take Grants on I-40 in New Mexico, west of Albuquerque, which became the nation's self-proclaimed "uranium capital" in the fifties after Paddy Martinez heard descriptions of what uranium ore looked like and led the mining prospectors to the yellow rocks he'd been looking at down the years. The mines closed, and I recall from the early 1980s Grants looking sadly becalmed, with its Uranium Café and souvenir motels from the great days of Route 66. The audio in the Mining Museum still speaks plaintively about radiation's bad rep, despite the fact that in modest amounts it's good for you and there was much more of it around when the world was young.

Well, 66 nostalgia is still strong in Grants, but aside from the Lee Ranch coal mine the juice in Grants's economy now comes in large part from three prisons--one fed, one state and one private.

No wonder people are nervous of cops. There are so many prisons for the cops to send you to. So many roads where a sign suddenly comes into view, advertising correctional facility and warning against hitchhikers. I was driving through Lake Valley in eastern Nevada along US 93, with Mount Wheeler looking to the east. Listening to the radio and Powell's grotesque meanderings I was thinking, Why not just relocate the whole West Bank to this bit of Nevada where the Palestinians could have their state at last, financed by a modest tax on the gambling industry? The spaces are so vast you wouldn't even need a fence. Then reality returned in the form of the usual sign heralding a prison round the next bend.

West along US 50 from Austin I came to Grimes Point, site of fine petroglyphs. A sign informed me that "The act of making a petroglyph was a ritual performed by a group leader. Evidence suggests that there existed a powerful taboo against doodling." The graffiti problem. Some things never change. On the other hand, some things do. Many thousands of years ago those rocks were on the edge of a vast sea, maybe 700 feet deep. The petroglyph ridge was once beachfront property. The world was warmer then, and we're heading that way once more, from natural causes. To leave you on an upbeat note: At least natural radiation is on the wane.

Articles

Medical treatment in women's prisons ranges from brutal to nonexistent.

On the morning of April 20, in the nation's capital, activists held two anti-war rallies, each of which drew thousands, almost within sight of one another.

In this excerpt from his 2002 book, Studs Terkel recalls an encounter with Dennis Kucinich, "the boy-mayor of Cleveland," and follows his political odyssey.

Uncovering the industry's multibillion-dollar global smuggling network.

The IMF deserves to be blamed. But so does the country's willing political class.

Seeking to eliminate the Palestinians as a people, it is destroying their civil life.

Books & the Arts

Book

More than the much-reviled products of Big Tobacco, big helpings and Big Food constitute the number-one threat to America's children, especially when the fare is helpings of fats, sugars and salt. Yet the nation so concerned about protecting kids from nefarious images on library computers also
allows its schools to bombard them with food and snack ads on Channel One and to sign exclusive deals with purveyors of habit-forming, tooth-rotting, waist-swelling soft drinks.

Foreigners who arrive in the United States often remark on the national obsessions about food and money. It is perhaps not surprising that a gluttonous mammon would rule the federal regulators of our food chain, but Marion Nestle, professor of nutrition at New York University, confesses that she has heard few of her nutritionist colleagues discuss the cardinal point: "Food companies will make and market any product that sells, regardless of its nutritional value or its effect on health."

Nestle goes on to demonstrate that not only do food companies use traditional corporate checkbook clout with Congress to insure their unfettered right to make money; they also co-opt much of the scientific and nutritional establishment to aid in their efforts. For example, the omnipresent "milk mustache" advertisements often show blacks and Asians--precisely those who are most likely to be lactose-intolerant. But then "science" rides to the rescue: There are a lot more research dollars shunted to those arguing that lactose intolerance is not a problem than there are for those who think otherwise. In fact, the Physicians' Committee for Responsible Medicine sued to annul the federal dietary guidelines, which recommended two to three servings of milk products daily; six of the eleven people on the voting committee had received research grants, lectureships or other support from the food industry.

Here Nestle wobbles a little in her argument, however. She waves the standard of science on behalf of the Food and Drug Administration when it comes to food supplements and herbal medicines, but devalues the "science" as well by revealing the conflicts of interest among researchers and regulators. Science is often up for sale. Researchers go to the food corporations for the same reason that bandits rob banks: That's where the money is, not least since the FDA's own research funding is controlled by Congressional committees in charge of agriculture, whose primary aim is hardly to promote dieting--it is the force-feeding of agribusiness with federal funds. Indeed, Nestle concedes, "USDA officials believe that really encouraging people to follow dietary guidelines would be so expensive and disruptive to the agricultural economy as to create impossible political barriers."

The dietary guidelines Nestle is referring to were monumentalized in the famous "food pyramid" familiar to every primary school student. But the pharaohs finished theirs in less time than it took the FDA to pilot its version past the army of lobbyists who resented the hierarchical implication that some foods were healthier than others. As a whistleblower on the FDA advisory committee that was drawing up the guidelines, Nestle is well qualified to recount the obstacles it faced.

In fact, many people did become more health-conscious as a result of such guidelines, but as Nation readers know, practice does not always match theory. Much of Food Politics reveals how the food industry has seized upon the marketing possibilities of consumers' safety concerns and perverted them by adding supplements to junk foods and then making health claims for the products.

Food is an elemental subject, on a par with sex and religion for the strength of people's beliefs about it. Otherwise rational people have no difficulty believing the impossible during breakfast, where their stomachs are concerned. Big Food relies on that snake-oil factor, the scientific illiteracy of most consumers. For example, marketers are happy with the advice to eat less saturated fat, since most buyers won't recognize it when it's drizzled across their salad. But advice to eat less of anything recognizable stirs up serious political opposition.

Federal dietary guidelines recommending that we "eat less" were thinned down to suggesting that we "avoid too much," which metabolized into "choose a diet low in..." And so on. For example, Nestle relates how in 1977 the National Cattlemen's Association jumped on Bob Dole's compromise wording on reducing red meat in the diet and increasing lean meat consumption: "Decrease is a bad word, Senator," the cattlemen warned him. The cowboys effectively corralled the McGovern committee on dietary guidelines: "Decrease consumption of meat" was fattened into "choose meats, poultry and fish which will reduce saturated fat intake."

Sometimes the more potential for harm, the more it seems likely that a product's positive--or putative--health benefits will be touted. We get vitamin-supplemented Gummi Bears and, what provokes Nestle's justifiable ire most, Froot Loops. This marshmallow blasted "cereal...contains no fruit and no fiber" and "53% of the calories come from added sugar," she inveighs. The perfect breakfast complement to a twenty-ounce bottle of cola that will be downed in school? Such pseudo-foods occupy the very top of the food pyramid, which characterizes them as to be used sparingly, or rather, only use if you have good dental insurance.

As Nestle points out, health warnings on alcohol and tobacco have done little to stop consumers. But picture a tobacco company allowed to sell cigarettes as "healthier" or "with added vitamins." (Indeed, she details a campaign by the alcohol companies to get Congress to allow them to market their products as healthy elixirs until Strom Thurmond's religious principles outweighed his conservatism enough for him to help shoot down the proposal.)

I was mildly surprised that Nestle does not comment on the imprecise use of "serving" information on food packaging. As a longtime student of labels, I find that the unhealthiest foods seem to have incredibly small "servings" compared with what consumers actually eat or drink. For the USDA, one slice of white bread or one ounce of breakfast cereal is a "serving" of grain, and nutritional data such as caloric content are rendered "per serving." A cinema-size actual serving of soda may contain 800 calories in sugar, before you get down to the buttered popcorn, not to mention the Big Mac before or after.

Food marketers are hardly breaking people's arms to persuade them to eat this stuff, of course. It is, after all, a great American principle that you can have your cake, eat it and slim down at the same time. What Nestle calls "techno-foods"--those labeled "healthier," "less fat," "lite," "more fiber"--pander to the health consciousness of a generation that will do anything to lose weight and live longer, except eat less.

The ultimate example of food marketing has to be Olestra, the cooking fat that passes through the gut undigested. Its maker, Proctor & Gamble, has spent up to $500 million on it, and spent twenty-seven years of the FDA's time getting various approvals, while it kept trying to remove the mandated health warning that the product could cause cramping, loose stools and block the absorption of fat-soluble vitamins. P&G should count its blessings. A Center for Science in the Public Interest report says: "Olestra sometimes causes underwear staining. That phenomenon may be caused most commonly by greasy, hard-to-wipe-off fecal matter, but occasionally also from anal leakage (leakage of liquid Olestra through the anal sphincter)."

By 1998 Proctor & Gamble disingenuously claimed that 250 tons, or four railcarfuls, of fat had not been added to American waistlines. No one claimed it had--what the company meant was that was how much Olestra had been used to fry chips. The public expectations were quite high, though; Nestle says that "people also were disappointed that the chips did not help them lose weight." Indeed, she reports that some ended up with more calories from eating Olestra-fried chips than they would have from other kinds, because they consumed a higher volume, convinced that they were calorie-free, though of course they were not.

But given the amount of money involved and the way food-industry/scientific-community connections are structured, "it is virtually impossible for any nutritionist interested in the benefits and risks of Olestra to avoid some sort of financial relationship with P&G unless one systematically refuses all speaking invitations, travel reimbursements, honoraria and meals from outside parties," Nestle observes.

In yet another case of Big Food getting its way, Nestle chronicles how the State Department came to declare that signing the World Health Organization/UNICEF international code on marketing of baby formula would flout the Constitution. "Inasmuch as this explanation strains credulity," Nestle suggests, the real reason was lobbying by US formula companies. The formula makers are fighting a war of attrition against mother's milk, in other words, not just here but internationally.

A more recent case involves the coalition that forced the FDA to allow claims of benefits from untested herbal supplements. I wish Nestle had gone into more detail about the sociology of this mélange of New Age alternative-medicine users, libertarian types and those who mistrust the medical establishment. Groups like Citizens for Health and the Corporate Alliance for Integrative Medicine rallied behind the rapidly growing corporations to ram a suppository up the FDA and its power to control sales of what on occasion have proven to be fatally flawed "alternative" remedies for everything from impotence to Alzheimer's. As she quotes an FDA commissioner, "[We] are literally back at the turn of the century, when snake oil salesmen made claims for their products that could not be substantiated." She reports claims that 12 percent of users of herbal medicines, or about 12 million people, suffer from some kind of adverse effect.

People may feel better when they take supplements, but should health officials use "feelings" as a basis for regulatory measures, she asks? Or should the FDA instead "take the lead in reenergizing a crucial phase of its basic mission to promote honest, rational scientific medicine by vigorously combating its opposite"?

Many people may want to know what "science" is. Is it corporate-sponsored research, or the AMA defending its professional turf with the same vigor with which it has traditionally fought "socialized medicine"? Nestle shows how the American Academy of Pediatrics tried to insure that highly profitable baby formula flowed through its hands and rallied against direct sales to mothers. Was that concern for the "client" or concern for professional prerogatives?

Perhaps Nestle should have been more polemical. The food supplement row raised the question of "whether irreparable damage has been done to the ability of our federal regulatory system to ensure the safety of foods and supplements and to balance public health interests against the economic interests of corporations," she writes. But her own reporting suggests that the barbarians are already inside the gates and forcing their wares on the gullible.

Nestle sees no magic bullet to retrieve the situation. She wants "some federal system to guarantee that all those products on the shelves are safe and effective," and she asks, "Shouldn't there be some regulatory framework to control patently absurd or misleading claims?" To answer that in the affirmative is not necessarily the same as agreeing that the FDA is the best agency, certainly in its present form, nor that the AMA and similar organizations are in the corner of good science. The FDA's record does not inspire confidence, which is one of the reasons the herbalists' revolt was so successful in Congress. Its arrogance often matches its ignorance. While reading this book I went to a small British-owned cholesterol shop in Manhattan (pork pies, etc.). Its owner can't import kippers because the FDA does not recognize them as food. His first shipment of a brand of British Band-Aids was held on suspicion of being a soup, and when that confusion was finally cleared up, the FDA demanded of him a medical-goods import license.

I would like to hear more about how the FDA could be made more responsive and more efficient. It seems that in their present form, the regulatory bodies need some means of democratic oversight to check bureaucracy and to weigh problems of undue influence from the producing industries. Nestle details problems we've come to see elsewhere: the revolving door between civil servants, Congressional staff and industry. She also suggests rules--"a higher and stronger 'firewall'" between regulatory agencies and industry to inhibit the easy career glide from poaching to gamekeeping and back again--and she is entirely correct that the last bodies that should be overlooking FDA funding are the Congressional agriculture committees, which are dedicated to the prosperity of agribusiness.

Otherwise, Nestle's wish list ranges from sensible to Mission Impossible: tighter labeling rules so people can see exactly what they are consuming. A ban on advertising of junk foods in schools, especially candies and soft drinks with high sugar content. Sumptuary taxes on soft drinks as well--sure to be opposed bitterly by the lobbyists. If alcohol and tobacco advertisements cannot be allowed on children's TV, why allow advertising of foods that promote obesity and future health ills on a par with them?

At first glance, Nestle's call for an ethical standard for food choices for nutritionists and the industry seems highly idealistic; but ten years ago, who would have foreseen Philip Morris's berating of state governments for not spending their tobacco settlement money on the pledged anti-child-smoking campaigns? Already, more and more scientific journals are demanding disclosure of conflicts of interest for papers submitted.

Nestle does not touch the subject directly, but who knows, maybe campaign finance reform really will cut indirectly the pork in the political diet and the crap in the school lunches. However, it will be a hard push. Educating the public is a start, and Food Politics is an excellent introduction to how decisions are made in Washington--and their effects on consumers. Let's hope people take more notice of it than they do of the dietary guidelines.

Book

The third-year medical student held the intravenous catheter, poised to insert it into a patient's vein. Suddenly the patient asked, "Have you done this before?" As the student later recounted to me, a long period of silence fell upon the room. Finally, the student's supervising resident, who was also present, said, "Don't worry. If she misses, I'll do it." Apparently satisfied, the patient let the student proceed.

Breaking this type of uncomfortable silence is the goal of Complications: A Surgeon's Notes on an Imperfect Science by Atul Gawande, a surgical resident and a columnist on medicine for The New Yorker. As Gawande's collection of stories reveals, fallibility, mystery and uncertainty pervade modern medicine. Such issues, Gawande believes, should be discussed openly rather than behind the closed doors of hospital conference rooms.

Complications is surely well timed. In 2000, the Institute of Medicine published "To Err Is Human," a highly charged report claiming that as many as 98,000 Americans die annually as a result of medical mistakes. In the wake of this study, research into the problem of medical error has exploded and politicians, including then-President Bill Clinton, have proposed possible solutions. The message was clear: The silence that has too long characterized medical mistakes is no longer acceptable. Yet while Gawande's book provides great insights into the problem of medical error, it also demonstrates how there can be no quick fix.

What may be most remarkable about the recent obsession with medical error is just how old the problem is. For decades, sociologists have conducted studies on hospital wards, perceptively noting the pervasiveness of errors and the strategies of the medical profession for dealing with them. As sociologist Charles Bosk has shown, doctors have largely policed themselves, deciding what transgressions are significant and how those responsible should be reprimanded. Within the profession, then, there is much discussion. Yet the public was rarely told about operations that went wrong or medications that were given in error. Residents joining the medical fraternity quickly learned to keep quiet.

Indeed, when one of those young physicians decided to go public, he used a pseudonym, "Doctor X." In Intern, published in 1965, the author presented a diary of his internship year, replete with overworked residents, arrogant senior physicians and not a few medical errors. In one instance, a surgeon mistakenly tied off a woman's artery instead of her vein, leading to gangrene and eventual amputation of her leg. Doctor X pondered informing the woman about the error, wondering "just exactly where medical ethics come into a picture like this." But his colleagues convinced him to remain quiet.

One whistleblower willing to use his own name and that of his hospital, New York's Bellevue, was William Nolen. In The Making of a Surgeon, published in 1970, surgeons swagger around the hospital, making derisive comments about patients and flirting relentlessly with nurses. (Not the least of reasons for being nice to nurses was the expectation that they would help cover up young doctors' mistakes.) Interestingly, Nolen was subsequently excoriated both by surgeons, who believed he had betrayed the profession's secrets, and by the lay public, who felt he was celebrating the "callousness and prejudice" of surgeons toward vulnerable patients.

Perhaps the peak of this genre of scandalous tell-all accounts occurred in 1978, with the publication of The House of God, written by the pseudonymous Samuel Shem. Although fictional, the book draws on the author's raucous and racy experiences as a medical intern at Boston's Beth Israel Hospital. To Shem, medicine's whole approach to patient care was misguided. The book's hero, the Fat Man, teaches his trainees a vital lesson: "The delivery of medical care is to do as much nothing as possible."

Today it has become more fashionable than rebellious for physicians to describe the trials and tribulations of their training. Dozens of doctors (and some nurses) have published such accounts. Gawande is a prime example of this more mainstream type of physician-author. Even though he describes very disturbing events in his articles for The New Yorker (some of which have been reprinted in Complications), he uses his real name and that of his institution: Boston's Brigham and Women's Hospital.

Gawande, however, has taken the art of physician narrative to a new level. He is a deft writer, telling compelling stories that weave together medical events, his personal feelings and answers to questions that readers are surely pondering. Most important, Gawande paints with a decidedly gray brush. There are few heroes or villains in Complications, just folks doing their jobs. Although some readers, perhaps those who have felt victimized by the medical system, may find Gawande's explanations too exculpatory of doctors, he has documented well the uncertainties and ambiguities that characterize medical practice.

Take, for example, his chapter "When Doctors Make Mistakes." With great flair, Gawande describes a case in which he mistakenly did not call for help when treating a woman severely injured in a car accident. Although Gawande could not successfully place a breathing tube in her lungs, he stubbornly kept trying rather than paging an available senior colleague. Eventually, Gawande clumsily attempted an emergency procedure with which he had little experience, of cutting a hole in her windpipe and attempting to breathe for her. It was only through good fortune that the patient did not die or wind up with brain damage. An anesthesiologist, called in very late in the game, managed to sneak a child-size breathing tube into her windpipe, enabling the patient to obtain adequate oxygen.

With typical candor, Gawande lists the possible reasons that he did the wrong thing: "hubris, inattention, wishful thinking, hesitation, or the uncertainty of the moment." All doctors, he is arguing, experience these very human feelings as they tend to their craft. The fact that lives are at stake may make physicians--as compared with other professionals--even more prone to such emotions.

Gawande also details how the surgery department addressed his error. The case was presented at the weekly morbidity and mortality (M & M) conference, where physicians discuss deaths and other bad outcomes. "The successful M & M presentation," Gawande perceptively notes, "inevitably involves a certain elision of detail and a lot of passive verbs." This clearly occurred during the discussion of Gawande's case, where, remarkably, no one ever asked him why he did not call for help sooner. Rather, his blunder was later addressed through another ritual, a private discussion between Gawande and the senior attendant he had not called. Games with language and secret conversations: These are the reasons Gawande has written his book.

In another chapter, Gawande provides a more provocative explanation for the type of mistake he made. Gaffes, he argues in "Education of a Knife," are part of how surgeons--and other physicians--must learn their craft. (After all, physicians don't perform medicine, they practice it.) In an anecdote resembling that of my third-year student, Gawande describes how he routinely caused complications when learning to place dangerous central-line catheters into the necks of seriously ill patients. Expertise, he explains, does not just happen. Physicians in training must victimize a certain percentage of patients to acquire the skills they will need to become competent doctors. Should we consider these events to be mistakes or business as usual? Deciding how to define a medical error is not the least problem.

In such learning situations, the necessary experience is best attained by keeping quiet. Using the "physician's dodge," patients are told "You need a central line" but not "I am still learning to do this." One ramification of this type of learning, Gawande notes, is the victimization of poor, less educated patients, who are often incapable of questioning doctors. Medicine's inclination to learn on "the humblest of patients" becomes especially apparent with Gawande's candid admission that he himself chose a more senior physician--rather than a more attentive cardiology fellow--to care for his son's heart problem.

Mistakes may be made not only by physicians but by patients. In the chapter "Whose Body Is It, Anyway?" Gawande asks what physicians should do when patients seem to make bad decisions. One especially compelling story, which I often use to teach medical students, involves a man who absolutely refused to go on a breathing machine after experiencing a complication of gall bladder surgery. Although the doctors explained that artificial ventilation would only be temporary and would likely save his life, the patient continued to object.

When the man passed out due to lack of oxygen, Gawande was faced with a devastating quandary. Does he abide by the man's wishes, which is what doctors are supposed to do, or immediately put him on the ventilator? Gawande chose the latter. I love to ask students what they think the man said when, a few days later, Gawande triumphantly took him off the machine. Invariably, half of the students predict that the man said, "Call my lawyer." But the other half, who guess that he said "Thank you," are correct. Gawande had surely averted a mistake in this case, but he was left without clear guideposts for approaching similar cases in the future.

Complications is filled with other stories demonstrating the capriciousness of medicine. For example, Gawande once detected a case of the rare, often fatal infection necrotizing fasciitis (flesh-eating bacteria) because he happened to have seen a case a few weeks before. He ultimately saved the patient's life, not through hard, scientific evidence but through a gut feeling and a willingness to submit a patient to possibly unnecessary surgery. "Medicine's ground state," he concludes, "is uncertainty." Other chapters examine why the medical profession so often hides the mistakes of impairedphysicians, and the questionable use of an operation to help morbidly obese patients lose weight.

In the wake of the Institute of Medicine report, experts have proposed numerous remedies for the problem of error. Most attention has focused on a "systems approach," which would produce a "culture of safety" similar to that of the airline industry. In such a scheme, sophisticated computerized systems would be put in place to detect impending errors, such as wrong medication doses, sloppily written prescriptions and dangerous drug interactions. This emphasis aims to revamp the current approach to medical error, which encourages finger-pointing and malpractice lawsuits.

Gawande's book demonstrates both the advantages and limits of such a systems model. On the one hand, by discouraging the stigmatization of medical mistakes, physicians may be more willing to reveal their own errors and those of their peers. The notion that the case of the obstructed airway could be discussed in an open and nonjudgmental environment, rather than couched in secrecy, is altogether welcome.

On the other hand, there is a reason decades of exposés like Complications have not led to significant change. Defining errors and ascertaining their causes is a tricky business.

So is dealing with the issue of blame. Gawande is willing to admit that he screwed up when he did not call for immediate help for his deteriorating trauma patient. "Good doctoring is all about making the most of the hand you're dealt," he writes, "and I failed to do so." But many physicians remain reluctant to come quite so clean.

Poetry

The buildings' wounds are what I can't forget;
though nothing could absorb my sense of loss,
I stared into their blackness, what was not

supposed to be there, billowing of soot
and ragged maw of splintered steel, glass.
The buildings' wounds are what I can't forget,

the people dropping past them, fleeting spots
approaching death as if concerned with grace.
I stared into the blackness, what was not

inhuman, since by men's hands they were wrought;
reflected on the TV's screen, my face
upon the building's wounds. I can't forget

this rage, I don't know what to do with it--
it's in my nightmares, towers, plumes of dust,
a staring in the blackness. What was not

conceivable is now our every thought:
We fear the enemy is all of us.
The buildings' wounds are what I can't forget.
I stared into their blackness, what was not.

In an end-of-the-year column devoted to "Politics and Prose," Peter Beinart, editor of The New Republic, asserted that there had been a "new gravity" and "sobriety" to American journalism since September 11. Literary responses had failed, he argued, to process the event, notably in a commemorative issue of The New Yorker in which the writing had been "excessive, even grotesque when applied to mass carnage in downtown New York."

Beinart declared it was now the era of the essay--"non-reported, non-narrative, political or historical analysis"--and "the sombre profile of a person in power"--stripped of excessive description, wanton psychoanalysis and "edge" but not of dutiful and accurate quotation. "American journalism, after a long while on the sidelines," he rallied, was "back in the game."

It was a shaky argument, one some editor of The New Republic (a magazine that confuses an antiliterary style of journalism with an anti-indulgent outlook as a matter of policy) was bound to try to make sometime.

Let's face it, the new Hunter S. Thompson won't ever be found in its Puritan liberal pages, though the journalism of a New Yorker writer like Jonathan Franzen just might be, albeit a soberer, straighter version. Franzen himself exhibits too minute a panic in his work, too much of an "edge" (see his novel of last year, The Corrections), is simply too much like a literary forefather such as Joseph Heller (Catch-22 and, more important for Franzen, Something Happened) to make any editor at The New Republic feel he had a grip on the world. And what is The New Republic--or any news and culture magazine--about if it isn't grip, skeptical firmness, analytical rectitude?

Ever since the 1960s and the advent of New Journalism--subjective and, yes, "literary" in its aspirations, distinguished by figures like Truman Capote, Norman Mailer, Gay Talese, Tom Wolfe, Gail Sheehy, Joan Didion--there has been an ongoing and necessary argument in favor of old-school values like objectivity, plain writing and reporting craft. Beinart's analysis of the American print media today is just the latest salvo, objectively put of course, saying out with "the New" and in with the old. It's part of a larger debate about consciousness and language, and how best to represent the state of the nation in both journalism and fiction in ways that reassure Americans their world can be secured, defined, reinforced.

Ironically, the tag New Journalism has been a misnomer from the beginning, implying--all the more alongside the revolutionary context of the 1960s that birthed it--a rejection of past values and a blind dive into the postpsychedelic waters of contemporary reality. It also denies the historical significance of figures like George Orwell, Martha Gellhorn, Joseph Mitchell and Damon Runyon, who created openings in journalistic convention, idiosyncrasies that demonstrate that "New Journalism" had been around for the best part of the century--if a writer had the gift and the license to explore the possibilities. For that matter, is it so far from Walt Whitman's 1882 diary of the Civil War in Specimen Days, to Michael Herr's scattershot report on Vietnam, Dispatches?

Many writers disliked the term New Journalism for these very reasons, preferring less-catchy descriptions like "Immersion Journalism" to describe the intense amounts of research and closeness to one's subject matter required to make such subjective reporting great and accurate storytelling; or "Literary Journalism" because of the undisguised desire to apply the techniques of fiction to a retelling of factual events and conversations.

One of the most notorious indicators of the style was the use of interior monologue, even pure streams of consciousness in groundbreaking pieces like Gay Talese's "The Loser," a brilliant profile of boxer Floyd Patterson (Esquire, 1964) and Tom Wolfe's "The First Tycoon of Teen" (New York, 1965) a feature story on the recording mogul Phil Spector. How absurd, these voices from inside their heads! Wolfe's rhetorical answer to the critics was a slap in the face: "How could a journalist, writing nonfiction, accurately penetrate the thoughts of another person? The answer proved to be marvelously simple: interview him about his thoughts and emotions."

A radical and disciplined art, New Journalism presented a cinematic and psychological rupture with the prevailing journalistic approaches, using dialogue, scenes, thoughts in a dramatic reconstruction of events and interview material. But it still depended on the old verities: solid research, thorough interviewing, good writing (albeit more jazzy in tone and form) and diligent fact-checking. It was an extension of the possibilities, not a denial or negation of what had happened before.

Not content to disturb the print media, New Journalists started shaking up the literary world by producing "narrative non-fiction" bestsellers that caught the times better than any novelist seemed capable of: Capote's masterful and groundbreaking insight into murder and America's pathological underbelly, In Cold Blood (1965); Didion's neurotic essays on her pale sense of selfhood amid West Coast cultural decadence, Slouching Towards Bethlehem (1968); Mailer's rambunctious, egomaniacal coverage of an anti-Vietnam War protest march on the Pentagon, The Armies of the Night (1968).

Books like Thompson's Fear and Loathing on the Campaign Trail '72 (1973), Herr's Dispatches (1977), Mailer's The Executioner's Song (1979) and Wolfe's The Right Stuff (1979) were among a slather of later releases that proved the phenomenon was not going away--from magazine and newspaper journalism or the bestseller lists. In a twist of fate, Mikal Gilmore, the brother of convicted killer Gary Gilmore, Mailer's subject in the capital punishment "thriller" The Executioner's Song, would go on to become one of the few decent writers of the 1990s operating within what could be called the New Journalist tradition, producing a superb book on his brother as well as some excellent writing for Rolling Stone.

Something sick, though, has been happening since the 1960s and '70s heyday of such writers and books. News as non-stop entertainment, the journalist as B-grade personality, a long, slow, moronic nose dive into excess on a scale difficult to imagine back then.

Beinart is right to attack a media consumed today by "lifestyle writing," the bastard child of New Journalism, and a puffed-up aesthetic attitude lacking the flair and depth of earlier, greater writers. Rather than simply attack an excess of style, though, and perhaps a poverty of generational talent, I'd locate the current malaise in the format-driven glibness that is smothering the oxygen of intelligence--not to mention true journalistic creativity--out of magazines and newspapers today.

As serious print media have attempted to go "lighter" and chase readers in the past decade, circulation figures have dropped, even plummeted. This is a worldwide crisis for up-market magazines and newspapers, dimly explained with arguments (not entirely believed, even by those proposing them) that people are getting more information from the Internet or that the educated reader is disappearing. The truth, more awfully, is that readers of all stripes are disillusioned with what's available. Editors and publishers don't seem to know what to do about that except to go further down-market to anything dumber, faster and glitzier, pursuing that fragmenting audience, that shrinking attention span.

Unfortunately, the old formulas aren't functioning anymore in this fractured, increasingly unstable--some might even say dystopic--market. Thus the argument for "sections" and targeted bites of information neatly accompanied by highly supportive advertising. Even if it's meaningless and no one reads it, at least it turns a profit.

If the New Journalist was merely an "impresario" of stories, as the critic Michael Arlen caustically observed in 1972, today's news feature is altogether more miserable, niche-marketed directly to you without need of any bigger and possibly destabilizing voice. The impresarios are mostly gone; now only the product exists, its sheen undisturbed.

Market conditions of the industry aside, there is something deeply conservative beneath Beinart's analysis, a view that spells trouble for the future of modern journalism and where it might go in the United States today--and therefore the world at large. Certainly Beinart's reactionary spirit is in tune with the nation's siege mentality and a chauvinism that encourages the closing not just of borders but of the state of the American mind. There is a feeling that the unexpected, the elusive, manifest in the form of volatile individuals and their creativity, are not legitimate concerns and activities for American voices in an era of uncertainty and instability.

This affects both the media and literature as the struggle for "representation" in American life takes on a deeply political dimension in terms of the language that should be used. It is not just a matter of what is debated, interpreted, depicted--but how that debate should be carried out, the implication being that the wrong words themselves betray the state. There has been an across-the-board conservative intellectual push in the United States for some time now, making an argument for a return to literary order in fiction. B.R. Myers's controversial essay, "A Reader's Manifesto," in The Atlantic Monthly last summer, struck similar notes to Beinart's more recent aria, attacking the wordy pretensions and metaphoric excesses of contemporary American fiction writers like Don DeLillo, Cormac McCarthy and E. Annie Proulx. Subtitled "An attack on the growing pretentiousness of American literary prose," the essay denounced evil postmodernists, showoffs and "pansified intellectuals" who had undermined good language and sound thinking across the nation. What Myers demanded was "a reorientation towards tradition."

In one of many trainspotting examples he berated Proulx for some "characteristic prose" where she thanked her children at the end of Close Range (1999) for putting up with her "strangled, work-driven ways." According to Myers this phrase made "no sense on any level." When a reader wrote in to complain that it was "an implied metaphor and hardly difficult to understand," Myers stuck to his guns, returning to the dictionary and rules of grammar to justify himself. Fortunately for us, language moves--and is received--poetically and intuitively, even if Myers doesn't want to admit it.

However, he did finger a crucial distraction from the building of the modern American novel and how it is reviewed, even sanctified today. He called this "the sentence cult," those who adore wonderful phrases and patches of writing that finally do not add up to a fully felt, organically "alive" book worth reading, let alone relating to deeply. On this point of literary fragmentation, a collapse away from storytelling and character, a collapse of identification and therefore identity, he may well be right. As to whether such a collapse makes the literature inherently bad--well, that's another thing altogether.

This debate about the state of the American novel has been going on for years. Indeed, American literature regularly convulses to such landmark essays--and the need to write them--a battle for intellectual territory that should not be underestimated. The reverberations of these opinion pieces among cultural elites carry through as manifestoes for the times and exert enormous influence in publishing houses and the media. They should also be understood as beachheads for the highbrow magazines presenting them: in this case the long-running desire of the Atlantic to overtake Harper's as the defining literary and intellectual periodical of the day, a desire underlined by its drift toward political and aesthetic conservatism. The Atlantic is ready for the Bush era, righteous, satisfied and a little smug, just as Harper's might be seen as aristocratically Clintonian, progressive to the point of dilettantism and somehow out of step with the narrowing contemporary mood.

Myers's essay is an attempt to supersede an argument put forth by Franzen in Harper's in 1996, in a piece titled "Perchance to Dream: In the Age of Images a Reason to Write Novels." In that essay, Franzen wrote of his own "despair about the American novel." His conclusions, and hopes, however, were somewhat different from those of Myers.

Of the social novel Franzen wrote: "I didn't know that Philip Roth, twenty years earlier, had already performed the autopsy, describing 'American reality' as a thing that stupefies...sickens...infuriates, and finally...is even a kind of embarrassment to one's own meager imagination. The actuality is continually outdoing our talents." His despair for the state of the American novel was born out of the 1991Gulf War and "a winter when every house in the nation was haunted by the ghostly telepresences of Peter Arnett in Baghdad and Tom Brokaw in Saudi Arabia--a winter when the inhabitants of those houses seemed less like individuals than a collective algorithm for the conversion of media jingoism into an 89 percent approval rating."

Questioning the difficulties of social realism in the age of electronic media, and arguing that TV could represent reality better than any novel could, Franzen pined for the days when a book like Catch-22 had a huge social impact, raising questions about society to such a level that its title became part of the common vocabulary, entering itself in the dictionary (a thought that must give B.R. Myers a sleepless night or two).

What Franzen saw in Heller's black and absurdist work was less of a need to find legitimacy in a realistically detailed social novel of the present à la Dickens, but instead to write a novel that socially engaged, quite a different--if not unrelated--thing. It was this thinking that guided him in writing The Corrections, with its vaguely hallucinogenic, forensically detailed portrait of American family life, and the struggle of its characters to remain human amid the blizzard of consumer alienation. Despite the rave reviews and bestseller status, it is perhaps a little early yet to know if Franzen has succeeded in his project of engagement; but there is no doubt he has struck a nerve.

None too surprisingly, The New Republic took Franzen to task for his epic yet atomized scope. Observing the influence of the novelist Don DeLillo on the younger Franzen, the critic James Wood made a piercing summation of the senior writer's impact on The Corrections: "The DeLillo notion of the novelist as a kind of Frankfurt School entertainer, fighting the culture with dialectical devilry, has been woefully influential, and will take some time to die." Noting that Franzen imagined "a correction of DeLillo in favor of the human," Wood went on to say that this was "more than welcome, it is an urgent task of contemporary American fiction, whose characteristic products are books of great self-consciousness with no selves in them; curiously arrested books that know a thousand different things--the recipe for the best Indonesian fish curry! the sonics of the trombone! the drug market in Detroit! the history of strip cartoons!--but do not know a single human being."

It's clear that Wood--one of America's finest literary critics--finally favors something of Franzen's humanity but resents the occult unease beneath DeLillo's crowded linguistic responses to consumer capitalism and how he applies that language to create a surreptitious and infecting despair, a deep, flamboyant coldness. There is also a vague feeling from Wood that DeLillo is somehow evil, a monster of hidden tones, corrupting America from within. He is certainly appalled by a DeLillo essay that appeared in the New York Times, "The Power of History," wherein the novelist declared, "At its root level, fiction is a kind of religious fanaticism, with elements of obsession, superstition, and awe. Such qualities will sooner or later state their adversarial relationship with history."

How strange those words from 1997 read now, post-September 11. In the buildup to this statement DeLillo had defined the modern novelist as a radical and an outsider to all systems: political, social, linguistic. "Fiction will always examine the small anonymous corners of human experience," he wrote.

But there is also the magnetic force of public events and the people behind them. There is something in the novel itself, its size, its openness to strong social themes that suggests a matching of odd-couple appetites--the solitary writer and the public figure at the teeming center of events. The writer wants to see inside the human works, down to dreams and routine rambling thoughts, in order to locate the neural strands that link him to men and women who shape history. Genius, ruthlessness, military mastery, eloquent self-sacrifice--the coin of actual seething lives.

Against the force of history, so powerful, visible and real, the novelist poses the idiosyncratic self. Here it is, sly, mazed, mercurial, scared half-crazy. It is also free and undivided, the only thing that can match the enormous dimensions of social reality.

This is a nihilistic view, divorcing itself from history's involving tug or becoming perhaps a perversion of it. DeLillo might argue that such perversions are simply the logical result of a "social individual" in the Information Age. A kind of endgame--alienated, yes, but lit with negative protest nonetheless.

Franzen identified this problem similarly in his "Perchance to Dream" essay as the way "privacy is exactly what the American Century has tended toward. First there was mass suburbanization, then the perfection of at-home entertainment, and finally the creation of virtual communities whose most striking feature is that interaction within them is entirely optional--terminable the instant the experience ceases to gratify the user."

The collapse of the myth of the Internet as a democratizing force in news and information, as a glue for a new public consciousness, is part of this great feeling of disaffection and disconnection. While it remains a counterculture organizing ground for assorted global protest groups, it is not quite the democratic free-for-all it was once hoped to be. Meanwhile, clichés like "the New New Journalism" and "the Way New Journalism," which try to give countercultural weight to new forms of Internet journalism, have fallen fast to the reality that major news corporations are maintaining their centrality and indeed expanding it, seeking international print and electronic monopolies over freelance writers in a manner that all but strangles them out of the mainstream system. Add to this a babble of impotent, even crazed voices, and you have confusion, not liberty, shouting to be heard outside the corporate gates.

Where New Journalism once challenged a homogeneity of opinion, even one of its most extreme practitioners, Hunter S. Thompson, the godfather of "Gonzo," finds a heterogeneity on the Net so repulsive he can't bear it. As he put it, "There is a line somewhere between democratizing journalism and every man a journalist. You can't really believe what you read in the papers anyway, but at least there is some spectrum of reliability. Maybe it's becoming like the TV talk shows or the tabloids where anything's acceptable as long as it's interesting."

The language of the Net itself is affecting new books and the audiences who might be reading them. Figures like Dave Eggers in A Heartbreaking Work of Staggering Genius are also partly a literary byproduct of chat rooms and websites, and use an eclipsed language more heady and conversational at once, and therefore "young." Overall, though, one senses an impatience at root in Net culture, a desperation for sensation and the moment that does not feed itself into writing or reading books. In that regard the seething quality of the public consciousness, its near-madness, is really what the Net comes to represent--and with it a deep loneliness, a frenzy masked as social activity. Novelists like DeLillo, Franzen, Eggers, David Foster Wallace and Rick Moody order that sea of thought, but also manifest its rabidity and pointless depths, indexing it to the furies and absurdities of consumer culture. To steal a line from Marshall McLuhan, "Some like it cold."

A critic like Wood finds this sprawling ambition depressing. You might recall his lament that "It is now customary to read 700-page novels, to spend hours and hours within a fictional world, without experiencing anything really affecting, sublime, or beautiful.... This is partly because some of the more impressive novelistic minds of our age do not think that language and the representation of consciousness are the novelist's quarries anymore." It could be argued that just when New Journalism was pushing its way into literature's representational culture, the more talented novelists were moving out to the fringes of consciousness, to places "nonfiction narrative" could not reach. So much so that Tom Wolfe himself eventually berated modern American novelists for their abstractions and lack of research in his own essay manifesto, "Stalking the Billion-Footed Beast." Wolfe espoused a return to the qualities of naturalism, citing Emile Zola and, of course, the importance of the "novelist as reporter." (Since Wolfe had recently written The Bonfire of the Vanities, his screed was seen in many quarters as bald self-promotion.)

Wolfe's views are not so far away from those of B.R. Myers. Wolfe's zippy writing style may have sung with pop culture verve, but he has always been a conservative at heart, as his rigid championing of realism, or "documentation," as he prefers to call it, shows. Aside from a stoush with Mailer over A Man in Full, Wolfe has also argued with John Updike and John Irving, the latter describing all of Wolfe's novels as nothing but "yak" and "journalistic hyperbole described as fiction." Wolfe responded to them all in an essay called "My Three Stooges" (it can be found in his latest collection, Hooking Up), accusing Mailer, Updike and Irving of having "wasted their careers by not engaging in the life around them...turning their backs on the rich material of an amazing country at a fabulous moment in history."

In Wolfe's final opinion, the American social novel is suffering not from "obsolescence" but from "anorexia." For all its force of actuality, though, Franzen's sickened density in The Corrections is quite a different creature from Wolfe's idea of what a social novel should be. It doesn't just observe or document; it palpitates, realistically, with the surreal excess Wolfe once identified as an indulgence. And in a strange way, perhaps, it softens the blows of DeLillo, tries to put us back together again without hiding the cracks.

Now, however, a new era of unvarnished reporting and the dogmatism of style that underlies it appears to be dawning. September 11 is fuel to this conservative fire. The world has become so unsteady, the argument runs, that we have to get back to our roots, find the lines that moor us safely to what and where we are. Plasticity of language, tangential and subjective reporting, work that emphasizes a fractured or restless view of the world--these must be stopped. Examples abound.

There can be little argument that September 11 has sent everyone into the spin of re-evaluation. But writers have always had to wrestle with such extreme moments, monstrous acts that threaten to annihilate us, spiritually if not actually. Where is the sense in it? How do we become human again, rather than vengeful, blind with loss or hate? One danger for literary journalism, of course, is that it threatens to aestheticize the experience of an event like September 11. The same may well be true of writing about Hiroshima, the Holocaust, even something as basic as a brutal, anonymous murder. Straight journalism must negotiate the obverse dangers, the tendency to reduce everything to the details, an impartiality that becomes desensitizing and objective to the point of emotional irrelevance.

The proof of value must finally lie within the words themselves. And for all of Beinart's criticisms of unnecessary poetics and dubious metaphors, the literary fraternity and journalists of literary inclination still gave us much to be grateful for. What that may mean in terms of novels and a broader state of mind to come is still too early to tell; but his and Myers's demand for a retreat from the frontiers of ambiguity, from wordplay and a tensile language that the likes of Don DeLillo tease into something conscious and unsettling within us is, well, a backward step. It may be awful to say it, but the obsession with information that underlies the work of DeLillo, Franzen and others could still be capturing the real and enduring trauma for society, way beyond the immediate horror of September 11 and its psychic impact.

I have to note that the English novelist Ian McEwan's dark and cool eloquence in The Guardian--his interrogation of the images and our action-replay absorption in them, our nauseating lust for news--was of the first order, as both literary essay and as a moral inquiry between self and the society of spectacle. Factual journalism alone can't easily create that kind of recognition. In Vanity Fair, the novelist Toni Morrison's address to the dead was the finest elegy I read from anyone, anywhere, with her bruising admission of "nothing to give...except this gesture, this thread between your humanity and mine." Yes, facts can make us grieve, too, but there are times when we also need the obscure magic of poetry to heal us.

Even the issue of The New Yorker so maligned by Beinart was filled with great literary journalism. The one exception to the form was an essay--nonreported, nonnarrative, political, historical, analytical--by Susan Sontag, a piece strangely overlooked by Beinart in his comments, given the new aesthetic world order he perceives. Sontag questioned the proposition of national innocence, and how that outlook refuses some of the baggage--some of the baggage--of responsibility America has to bear for its foreign policy. It was easier to misunderstand, simplify and demonize her arguments than to take on board the questions she was asking, even the sober ones.

September 11 did do something to the imagination, did go beyond words. It was a profound blow to the spirit. In all the realms of journalism and analysis since then, some have spoken well, some haven't. Some, most interesting of all, have evoked confusion and mixed feelings, and longed for the light of understanding. The clamor to speak has itself become a problem, a moral dilemma that reflects the media's sickening habit of overproduction, its sheer commerciality.

After any death, any tragedy, there is an inevitable level of sobriety and reserve, yes. If that leads to better journalism, better writing, better books, how wonderful for us all. But the argument that literary responses and literary journalism are somehow not up to the task, that reflection and rebuilding the public consciousness should be left to the practitioners of conventional bricks-and-mortar journalism and old-fashioned storytellers who know their rules of grammar, is far from convincing. To do the job fully we need a little soul and poetry, a little shaking up too. Literary journalism and great, radically written novels are more than able to fill that gap. And perhaps raise a few questions as well in that world between the imagined and the real where nightmares--and dreams--are born.