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November 13, 2000 | The Nation

In the Magazine

November 13, 2000

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Letters



'Supreme Coort Follows th' Iliction'

Missoula, Mont.

Thank you for your Supreme Court issue, "Up for Grabs: The Supreme Court and the Election" [Oct. 9], which makes the point that Bush vs. Gore will literally make a life-or-death difference in the federal courts. As someone who practices daily in federal court, I can assure you that the difference between our new Clinton appointee (one of the few to be confirmed) and the prior Reagan appointee is the difference between day and night.

JAMES T. RANNEY


Washington, D.C.

The Nation's special issue on the Supreme Court was a useful reminder about the importance of the judicial branch to progressives, but why was the only message, both explicit and implicit, to vote for Al Gore for President? We need a serious debate about growing reactionary trends in law and how to combat them, but you left out some significant voices and perspectives in your discussion. A full discussion paper, Saving the Courts, is available on our website (www.votenader.org/issues/court_save.html). I offer here a few remarks in the very limited space allowed.

Here in Washington, the front-page news recently was that the Supreme Court, by a margin of 8 to 1, summarily rejected a voting rights lawsuit brought by the District of Columbia on behalf of the 600,000 Americans who live in the city and have no voting representation in Congress. The sole dissenter was Justice John Paul Stevens, who was nominated by President Gerald Ford. In the prior 2-to-1 decision in the district court, two judges appointed by President Clinton had determined that Washingtonians, nearly two-thirds of whom are African-American, have no constitutional right to vote. The lone dissenter, Louis Oberdorfer, was appointed by President Lyndon Johnson and reflects the kind of passionate champion of civil rights and civil liberties who no longer gets appointed to the bench by Democratic Presidents. Needless to say, despite intense local appeals, the Clinton Justice Department vigorously opposed the voting rights suit, which had the strong support of the DC Council, Delegate Eleanor Holmes Norton and Mayor Anthony Williams.

The corporate Democratic judges recently appointed to the courts go with the flow in this fashion. The Clinton Administration itself has been something of a civil liberties nightmare, as documented repeatedly by Anthony Lewis and Nat Hentoff. Rapid expansion of the death penalty at the federal level, destruction of habeas corpus, warrantless searches of public housing, increasing wiretap authority, a stepped-up failed War on Drugs, secret evidence in deportation proceedings--these are policies pursued by the Democrats in the White House. Except for abortion (which George W. Bush appears to have surrendered on, given his understanding of where most Americans stand after the triumph of the women's movement), it is hard to think of any significant differences between the Democrats and Republicans on civil liberties issues. When at one of the debates Bush said he opposed allowing gays and lesbians to marry, Gore enthusiastically agreed, essentially now putting him to the right of Dick Cheney! I opposed the Defense of Marriage Act, which the Democrats supported, and defend the equal rights of gays and lesbians in every sphere of life, including civil unions.

Whom do we suppose Al Gore would appoint to the Supreme Court? Not Lani Guinier, whom they dropped like a hot potato. Not longtime Clinton friend Peter Edelman, whose widely discussed nomination to a federal appeals judgeship was promptly dropped by Clinton after Republicans objected to his scholarship on ending poverty. Not anyone remotely so visionary or brave as the late Justices William Brennan or Thurgood Marshall. Not even anyone so progressive as Justice David Souter, President Bush's appointment, who has turned out to be significantly more interested in civil liberties and democracy than, for example, Justice Stephen Breyer. Recall Forbes v. Arkansas Educational Television Commission (1998), where a majority that included Breyer upheld the right of state-owned television broadcasters to exclude third-party candidates from government-sponsored campaign debates. It was only Souter, joined in his passionate dissent by Stevens and Ruth Bader Ginsburg, who stood up for the First Amendment rights of outsider parties and the democratic right of the people to decide elections for ourselves. The same three (two Republican appointees, one Democratic) dissented in Timmons v. Twin Cities Area New Party (1997), where Breyer cheerfully joined with the conservatives to uphold undemocratic antifusion laws that stifle third-party organization.

Many liberals like to complain about the growing conservatism of the Democratic Party but then jump on the bandwagon at election time in the name of saving the Supreme Court. Millions of people are refusing to play that game this year. Many remember the unanimous support for Justice Scalia by Senate Democrats and the eleven Democratic senators, in a Democrat-controlled Senate, who put Justice Thomas over the top in a 52-to-48 confirmation vote.

These views deserve some support and analysis in your fine pages.

RALPH NADER


New York City

You overestimate the historical correlation between the voting records of Supreme Court Justices and the politics of the Presidents who appointed them. Dwight Eisenhower, an opponent of big government and judicial activism, appointed not only liberal lion Earl Warren but also William Brennan. Richard Nixon selected Harry Blackmun as a law-and-order conservative. Ronald Reagan chose Sandra Day O'Connor and Anthony Kennedy, and George Bush chose David Souter, primarily because they were expected to overturn Roe v. Wade; all three now vote to uphold Roe.

In contrast, progressive Presidents often elevate reactionary Justices: All four of Harry Truman's Court picks (Vinson, Burton, Minton and Clark) turned out to be far more conservative than the Democratic Party of the fifties; privacy-opponent Byron White's views certainly did not reflect those of booster John Kennedy. Franklin Roosevelt would have been surprised by the segregationist sentiments of his second nominee, Stanley Reed.

JACOB M. APPEL


Washington, D.C.

In addition to abortion rights, there are a number of other constitutional and statutory protections for women's rights that could be threatened by even a slight change in the Supreme Court's majority. For one thing, equal protection guarantees are at risk. This Supreme Court term marks the thirtieth anniversary of the landmark decision, in Reed v. Reed, that applied Fourteenth Amendment equal-protection principles to prohibit sex discrimination. Since Reed, the Court has struck down laws based on stereotypes about women as the weaker sex and has opened jobs, educational opportunities and basic citizenship rights to women. Yet three current Justices (Rehnquist, Scalia and Thomas) have rejected the post-Reed heightened scrutiny of gender classifications. Justice Scalia, in his dissent in the 1996 case opening up the Virginia Military Institute to women, even cited with approval a 1948 decision that upheld a state law prohibiting a woman from working as a bartender unless she was the daughter or wife of the bar owner.

A Court with a different majority could also extend its hostility to a woman's right to choose beyond abortion itself to opposing protection of women's access to reproductive health clinics, to allowing more state control over pregnant women and even to restricting specific forms of contraception. If the latter seems unthinkable, note that four current members of the Court have already endorsed the preamble to a Missouri law that defines human life to begin at conception, with conception defined as the time of fertilization. This could make methods of contraception, like forms of the pill and the IUD, unlawful.

In addition, many key federal statutory protections against discrimination are in place only as a result of slim majorities, and a current majority holds a restrictive view of Congress's authority, which has already resulted in the invalidation of an important provision of the Violence Against Women Act and which could jeopardize other critical protections for women's rights. These include the right of state employees to sue their employers for damages under civil rights laws of particular importance to women, such as the Equal Pay Act and the Family and Medical Leave Act.

Many rights women take for granted are not nearly as secure as they might think. A new report, The Supreme Court and Women's Rights: Fundamental Protections Hanging in the Balance, provides more detail and is available at www.nwlc.org.

MARCIA D. GREENBERGER
NANCY DUFF CAMPBELL
National Women's Law Center


Evanston, Ill.

Those who argue that "it's the Supreme Court, stupid" in this election have misread judicial history. The Court rarely leads; it "follows th' iliction returns," in the words of Mr. Dooley.

The Dred Scott decision validated the pervasive racism of the nineteenth century and said the Constitution was a slaveholders' document, the identical view of the abolitionists. The objectors in the North did not primarily object to its racism but to the argument that Congress had no power to restrict slavery in the territories. After all, slavery was buttressed by those pillars of society, market capitalism, the Constitution, property rights and the protection of property from federal interference. The Court in Dred Scott did not lead, it validated the values of the time.

What about Plessy v. Ferguson, which enshrined segregation in the 1890s? The conservative Court simply ratified the abandonment of radical Reconstruction, which gave blacks the vote but left them economically defenseless.

When the Court in the thirties validated the National Labor Relations Act, it did so after violent and painful organizing drives of the CIO and a growing number of sit-down strikes. When labor suffered numerous Court defeats between 1900 and 1937, it was after the redbaiting of World War I, the crushing of the Wobblies, the open-shop propaganda, etc. The Court in 1915 even said workers who signed a "yellow dog" contract, pledging not to join a union, were off-limits to union organizers.

Brown v. Board of Education was not an open road to the end of segregation; it took another ten years to write in the Voting Rights Act of 1965, and desegregation "with all deliberate speed" became a perfect out for school boards. The courts are like the public schools, both presumably bulwarks of democracy, but as a retired Chicago public school teacher I would argue that the schools, like the courts, validate both the good and evil of the time.

GERALD R. ADLER

Editorials

"The death penalty's very serious business, Leo," Governor Bush condescendingly told a questioner in the third presidential debate. "There've been some tough cases come across my desk. Some of the hardest moments since I've been governor of the State of Texas is to deal with those cases.... But my job is to ask two questions, sir. Is the person guilty of the crime? And did the person have full access to the courts of law? And I can tell you, looking at you right now, in all cases those answers were affirmative."

On camera Leo Anderson, the questioner, didn't seem to buy the governor's oft-repeated assertion, and he certainly wouldn't have if he had been privy to a recently released confidential memorandum on one of the toughest of those cases.

The memo went from Bush's then-general counsel, Alberto Gonzales, to Bush at 10:30 on the morning of April 3, 1997, only hours before David Wayne Spence was to be executed. Although the document was his first detailed look at the case and although the governor was Spence's only hope for a reprieve--the courts and Board of Pardons and Paroles having turned him down--this "very serious business" took Bush, according to his schedule for the day, all of half an hour at most.

I obtained the memo through the Public Information Act, Texas's FOIA. Not surprisingly, the Bush administration vigorously resisted its release. The document that went fleetingly across the governor's desk that morning is seven single-spaced pages, and although it works overtime to be unequivocal, it can't disguise or resolve the "tough questions" concerning Spence's guilt. The memo's author, Stuart Bowen, the deputy counsel charged with investigating the case, uses distortion, omissions, outright lies and an inappropriate adversarial bent to reach what must have been a preordained conclusion to deny a reprieve.

Writing several months after the execution and using the same information Bowen used, Bob Herbert in the New York Times concluded that Spence was "almost certainly innocent" and the case against him a "travesty." Many others, including Alan Berlow in Salon and a team of Chicago Tribune reporters, have agreed. But Bowen had been in the execution business with Bush long enough to know that the governor, preparing for a re-election campaign and in the starting blocks for a run for the presidency, would never go for a reprieve in the Spence case. And certainly not on the day of the execution, with families of the teenage victims of the crime for which Spence was about to die--a triple murder at a lake near Waco in 1982--in a motel in Huntsville ready to scream their heads off if the execution didn't go through. So Bowen did the following in the memorandum:

§ He opened by reciting the "facts" of the case as if he were a prosecutor giving a closing statement to a jury, brushing over developments favorable to Spence's claim that had surfaced in the fifteen years since the crime.

§ He bought the state's illogical theory of the case, that Spence was hired to kill a girl and mistook one of the teens for that girl (even though Spence knew the girl well and, according to testimony, hung out with the teens for hours before the killings), and ameliorates the illogic by dropping a crucial detail (he doesn't mention the testimony about hanging out for hours).

§ He put all the problems with the case under the heading "Publicity." This invidious rubric was intended in part to deprecate a Waco businessman, a conservative Republican, who had tried to get the execution stopped; he came to Bowen a week before the execution and laid out a detailed case for Spence's innocence.

§ He lied. For instance, he said the prosecutor turned over all the evidence in his possession to the defense, although the prosecutor explicitly told him he hadn't. He says the first lead detective on the case, Ramon Salinas, who sat in Bowen's office and told him without qualification that he believed Spence to be innocent, was fired for "incompetence," which is not true.

§ He relegated Spence's claim that he was railroaded by an unscrupulous sheriff's deputy and DA to three sentences in the conclusion, ignored voluminous testimony documenting this frame-up and swept away the allegations as "tertiary issues."

§ He rubber-stamped the courts' judgments (saying in a letter to me that those rulings are "the bottom line"), in effect negating the clemency procedure.

"Yet making decisions is what governors and chief executives do," the governor has written about that clemency procedure. "I try to do so thoroughly, thoughtfully, and fairly. I have assembled a top-quality staff that gets me accurate information and comprehensive briefings. I base my decisions on principles that do not change." Thoroughly? In thirty minutes? As to his top-quality staff and their accurate information, the memo supports the former (they are adept at distortion, etc.) and puts the lie to the latter. And principles? Let's just say they are very different from those of his honorary Illinois campaign chairman, Governor George Ryan, who has halted all executions in his state because he believes the execution of an innocent is truly a nightmare.

With its dissembling and obfuscation, the memorandum makes clear that when he denied Spence a reprieve, George W. Bush and his aides didn't know whether the man was guilty or innocent. A year after Spence's execution, Bush granted clemency to Henry Lee Lucas, the alleged serial killer, because, he says in his book, A Charge to Keep, he didn't know whether Lucas was guilty. But the politics of the Lucas case were different from those of the Spence case, and politics, Leo--unlike the life of David Spence--is very serious business indeed.

Pacifica listeners, the most politically pumped-up demographic in Radioland, are taking to the e-mails again. This time they're galvanized by what they see as a move to oust Amy Goodman, for many years co-host and heart and soul of Democracy Now!, a popular news program that showcases the network's avowedly radical take on the world.

The facts are: Goodman was ordered to institute certain changes in the program's operating procedures, to which she objected as unduly burdensome. There were other demands as well relating to more control over her public speaking engagements. If she did not comply, management threatened "disciplinary actions up to and including termination." Goodman struck back by filing a list of grievances through her union, AFTRA, charging various forms of harassment.

Many listeners feel that management's move against Goodman, ostensibly to "professionalize" the operation, is really an attempt to bland down the show. Our main concern is that Democracy Now! be preserved under Goodman and her current co-host, Juan Gonzalez. The program has broadcast a string of scoops and garnered some of radio's highest awards. It features the kind of hard-nosed investigative reporting that only noncommercial radio can do. Its series on the Chevron Oil company's collaboration with the murderous Nigerian dictatorship won a George Polk Award (see Goodman and Scahill, "Drilling and Killing," November 16, 1998, and "Killing for Oil in Nigeria," March 15, 1999). Goodman's reports from East Timor with Allan Nairn resulted in a documentary that collected numerous awards. Democracy Now! has covered a host of other stories that the mainstream media ignored or on-the-other-handed to death. Its reports on the Republican and Democratic conventions focused on the corporate domination of these political trade fairs, still another example of what alternative radio can do that the commercial networks won't.

Even the often admirable National Public Radio has sunk to the practice of corporate underwriting; it recently (and disgracefully) joined the big-bucks broadcast lobby in opposing low-power community radio. Pacifica is one of the few noncommercial radio voices left--"the last bastion of the precept, enshrined in the FCC Act, that the public airways are a public trust," as we said in a previous editorial. Goodman and Democracy Now! belong on Pacifica. Make that with an exclamation point!

If politics got real...the debate over costly prescription drugs would turn to more fundamental solutions like breaking up the pharmaceutical industry's patent monopolies, which generate soaring drug prices, and rewarding consumers for the billions of tax dollars spent to develop new medicines. As a business proposition, that sounds radical, but it would actually eliminate outrageous profit-skimming at taxpayers' expense and liberate lifesaving medicines from inflated prices so millions of people worldwide could afford the health benefits.

At present, the government picks up the bill for nearly all basic research and development, mainly through the National Institutes of Health. Then private industry spends about $25 billion a year on more R&D--essentially taking NIH discoveries the rest of the way to market. The companies mostly do the clinical testing of new compounds for safety and effectiveness, then win regulatory approval for the new applications. This is one instance where a bigger role for government, by taking charge of the scandalous pricing system, could produce vast savings for the public--as much as $50 billion to $75 billion a year.

The National Institutes of Health and independent scientists working with NIH grants generally do the hard part and take the biggest risks, yet there is no system for sharing the drug companies' subsequent profits with the public treasury or for setting moderate prices that don't gouge consumers. Instead, the drug industry reaps revenues of $106 billion a year, claiming that it needs its extraordinary profit levels in order to invest heavily in research. The companies are granted exclusive patents on new products for seventeen years (or longer if drug-company lobbyists persuade Congress to extend them). Meanwhile, the manufacturers collect royalties (and less profit) on the very same drugs under licensing agreements with Europe, Canada and other advanced nations where the governments do impose price limits. Thus, Americans pay the inflated prices for new medicines their own tax dollars helped to discover--while foreign consumers get the break.

Years ago, although reform was mandated by law, NIH abandoned its efforts to work out a system for moderating US drug prices--mainly because the industry refused to cooperate and had the muscle in Congress to get away with it. Now that soaring prices have inflamed public opinion again, Dean Baker of the Center for Economic and Policy Research proposes a more radical solution. NIH should be given control over all drug-research policy, Baker suggests, and Congress should put up public money to cover the industry's spending (probably less than $25 billion because marketing costs get mixed into the research budgets as well as money spent to develop copycat drugs, which are medically unimportant). The exclusive patent system would be phased out, perhaps starting with cancer drugs and other desperately needed medicines whose prices are too high for poor nations to afford. For $25 billion or less in new public spending, brand-name drugs would largely disappear, but, Baker estimates, prescription costs for Americans would shrink by as much as 75 percent overall.

A less drastic solution, suggested by James Love of Ralph Nader's Consumer Project on Technology, would limit use of exclusive patent rights and, if needed, compel drug-makers to grant royalty licenses to other US companies to make and sell the same medicines, thus fostering price competition. Competing companies would be required to contribute a minimum percentage of revenues to R&D to maintain research spending levels. The government could also require companies to help fund government or university research.

The prescription-drug debate of Election 2000 is a long way from either of these visions for reform, but events may lead the public to take them seriously. Drug prices are inflating enormously. If Congress fails to make it legal, the bootlegging of cheaper medicines from Canada and other countries where the prices are controlled is bound to escalate, and the present system might break down from its own lopsided design. As a matter of public values, the discovery of new health-enhancing medicines ought to be shared as widely--and inexpensively--as possible, especially since public money helped pave the way to these discoveries. Jonas Salk never sought to patent his polio vaccine. He thought his reward was knowing how greatly his work had advanced all of humanity.

LIES AND DAMN LIES

What's a political campaign without politicians calling each other liars? This one's been marked, however, at the presidential level, by strategic civility, a pious avoidance of "personal attacks." Nevertheless, the GOP's most effective line of attack on Gore has been impugning his personal credibility by blowing up his gaffes and recycling hoary myths. You know them: that Gore claimed he invented the Internet (he didn't but gave it early legislative support), that he exaggerates when he says he did chores on his father's farm (his father made him work his butt off), that he claimed to be a model for a character in Love Story (he never claimed it, and Erich Segal, the author, said the character was partly modeled on him), that he claimed to have discovered the Love Canal pollution (no, but he held hearings on it and other toxic dumpsites). These radioactive lies about lies have had a long half-life and enabled George W. to sow further innuendo in the debates by harping on Gore's "stretchers" and "fuzzy math"--even as he blithely spreads misinformation of his own (check out the article by Professor George Gerbner--ggerbner@nimbus.temple.edu).

BUSH'S LATE SHOW CONFESSION

After George W. Bush recently appeared on The Late Show With David Letterman, there was much media commentary regarding Letterman's Russert-like questioning of the governor on issues like pollution in Texas and oil drilling in Alaska. But what largely went unnoticed was that Letterman forced Bush to acknowledge that his support of capital punishment was based on a less-than-solid foundation--the belief that executions deter crime. Letterman pressed him: How could he be sure? "It's a hard statistic to prove," Bush said. Hard statistic to prove? So Bush is supporting executions even though his prime justification for capital punishment has not been proved. At last, the plain talk Bush has promised.

SUE THE BASTARDS, RALPH

Shayna Cohen reports: Hours before Ralph Nader was denied entry into the third presidential debate, in St. Louis, he filed a lawsuit against the Commission on Presidential Debates, saying that it used "threat, intimidation, and coercion" in denying him access to debate premises in Boston less than two weeks earlier. Claiming that the CPD violated both the Massachusetts Civil Rights Act and the First and Fourteenth amendments, Nader's suit charges that his exclusion was based on "his expression of his views" and the expectation that he would disrupt the debates as a "point man for the protests" (which he neither attended nor organized). Nader was barred from participating in a prearranged, postdebate, onsite Fox newscast viewed by potential voters. Although the CPD is a private, nonprofit corporation, the Boston debates were held in a public university; were financially backed by numerous city and state officials and departments; and were secured by a public police force over which, the lawsuit claims, the CPD asserted "improper influence" by instructing it to implement the unconstitutional exclusion. The Nader campaign already has a suit pending against the FEC in the Court of Appeals for the First Circuit, outlining the CPD's fundamental structural illegality. These lawsuits are the first steps in what Nader heralds as the total disintegration of a CPD that, by its abuse of its own authority and of Nader's civil rights, has "sowed the seeds of its own future political destruction." To replace it, Nader calls for a People's Debate Commission in which unions and community organizations will sponsor numerous debates of varying formats. Protesters in Boston heeded this call, holding "street debates" in which a range of national problems were addressed.

When members of the Arab League gathered for an emergency summit in Cairo on October 21 to discuss "the grave situation in the Palestinian Territories and its impact on the peace process," hopes were high among ordinary Arabs that their leaders would reflect popular opinion and at least call on the states having ties with Israel to cut them forthwith. They were to be disappointed. When Libya's Col. Muammar el-Qaddafi, reflecting that feeling, saw the draft communiqué prepared by the league's foreign ministers, which merely said that member states that had diplomatic relations with Israel might consider severing them, he was so angered that he leaked the document to the press and left the conference.

No other leader followed his example, though--not even Izzat Ibrahim, the representative of Iraq, which is technically at war with Israel. Having been excluded from Arab League summits for ten years because of its invasion of Kuwait, Iraq could hardly afford the luxury of a walkout. As it was, taking into account the threat posed by Israel's hawkish actions, the conference's Egyptian host, President Hosni Mubarak--working closely with Saudi Crown Prince Abdullah--had decided to close the chapter on Arab divisions caused by Iraq's occupation of Kuwait and invite President Saddam Hussein to the summit. Ibrahim, vice chairman of Iraq's Revolutionary Command Council, the country's supreme authority, served as Saddam's stand-in.

Iraq's re-emergence as a player in the Arab world came at a time when many countries were already moving to restore normal relations with Baghdad. In recent months, dozens of flights from several Arab capitals, as well as Paris, Moscow and New Delhi have landed at the newly reopened Saddam International Airport near Baghdad. None of them were cleared in advance with the United Nations 661 Sanctions Committee, which is charged with overseeing the embargo on Iraq. The defiance of the UN came after President Clinton's softening toward Iraq because of the tight market in oil and its rising price. Clinton's behavior had been forecast earlier by James Akins, former US ambassador to Saudi Arabia. "When the oil price rises above $30 a barrel," he said, "Saddam Hussein will be treated like Mother Teresa."

There is an indisputable link between the high price of petroleum, Iraq's endowment with the second-largest oil reserves in the world and US policy on Saddam. With Iraq producing some 3 million barrels a day, its highest output ever, the removal of a UN ceiling on its petroleum sales in January and US oil corporations buying a third of its oil exports, Saddam is now a major player in the market. Adding to his weight is the fact that Iraq has been exempted from OPEC's quota system because of its dire economic state.

Little wonder that Madeleine Albright announced in early September that the United States would not use force to compel Iraq to accept inspectors of the UN Monitoring, Verification and Inspection Commission (UNMOVIC), formed in December under Security Council Resolution 1284, who had just finished their training. Following his testimony to the Security Council on September 2, UNMOVIC chief Hans Blix said that it was a good guess "that not much might happen before the American elections." After all, who would be so foolhardy as to upset the dictator, who might turn off his oil tap and cause a spurt in gasoline prices during the run-up to the November 7 poll, thereby ruining Al Gore's chances?

What started as a token defiance of a UN ban on flights to Iraq by Russia's Vnukovo Airlines with the Kremlin's backing in mid-August has snowballed into an international challenge to the 661 Sanctions Committee. The dozens of flights to Baghdad from Arab as well as European and Asian capitals were not cleared in advance with the sanctions committee. A large number of Arab countries have sent their aircraft, loaded with prestigious delegations of cabinet ministers, legislators, trade union leaders, businessmen, doctors, engineers, actors and entertainers--and token humanitarian aid. It is easier to name the exceptions: Kuwait and Saudi Arabia. Both allow the use of their air bases by the Pentagon to enforce an air-exclusion zone in southern Iraq.

Touching on the larger issue of sanctions against Iraq, King Abdullah II of Jordan, a close US ally, said at the Arab summit, "Our [Arab] nation can no longer stand the continuation of this suffering, and our people no longer accept what is committed against the Iraqi people from the [UN] embargo."

On the central issue before the summit, Izzat Ibrahim was hawkish: "Iraq is calling [for] and working to liberate Palestine through jihad because only jihad is capable of liberating Palestine and other Arab lands [from Israel]." To show that Iraq's sympathy meant more than words, Saddam immediately dispatched a convoy of forty trucks loaded with food and medicine to the Palestinian territories via Amman. This kind of gesture should boost Saddam's already high standing among young Palestinians and accelerate his rehabilitation among Arabs, creating a symbiosis between him and the Arab street.

On Veterans Day, November 11, Interior Secretary Bruce Babbitt will appear on the Mall at a spot between the Washington Monument and the Lincoln Memorial to break ground for the long-delayed World War II Memorial. The grandiose, triumphal design of the memorial has been criticized widely on aesthetic grounds--it reminds many of the work of Albert Speer, Hitler's favorite architect. But there's a bigger problem: The memorial will break up the country's most important site for protest demonstrations.

This is where 250,000 people gathered to hear Martin Luther King Jr.'s "I Have a Dream" speech in 1963. This is where half a million people gathered for the Vietnam Moratorium demonstration in 1969 to sing "Give Peace a Chance." This is where the AIDS quilt--the 40,000-plus panels covering the equivalent of sixteen football fields that commemorates people who have died from AIDS--has been displayed regularly since 1987. This is where the Million Man March met in 1995, the Promise Keepers gathered in 1997 and the Million Mom March against gun violence rallied this past May.

The memorial will occupy 7.4 acres. In that space a private organization headed by Bob Dole plans to build a granite plaza that will include two triumphal arches, each as high as a four-story building, and fifty-six marble columns, each seventeen feet tall and decorated with bronze funeral wreaths and huge eagle sculptures.

Stopping the plan now won't be easy. Originally, the American Battle Monuments Commission selected a site near the Vietnam Veterans Memorial. But J. Carter Brown, the chairman of the Commission of Fine Arts, objected that it was "unacceptable" to "tuck [the memorial] away in the woods." The commission approved the Mall plan in late September, in a 7-to-5 vote.

Defenders of the plan argue that the site and design selection process have taken longer than World War II itself and that the memorial should be built now, before all the veterans are dead. But memorials like this are not built for the participants in the events that are commemorated. Memorials are supposed to help posterity remember and honor its forebears. The Lincoln Memorial wasn't even begun until 1914, half a century after Lincoln's death.

Babbitt has the power to overrule the commission, but that's unlikely, given the Clinton Administration's eagerness to please veterans. An organization called the National Coalition to Save Our Mall (www.savethemall.org) mounted a legal challenge in early October based on a historic-preservation argument. The suit refers to a 1986 law establishing criteria for decisions made by the Secretary of the Interior and other agencies, among them the requirement that plans for new historical monuments must "protect, to the maximum extent practicable, open space and existing public use." Open space for public use--where Americans can gather by the hundreds of thousands to address their government--is precisely what this monstrosity will destroy.

In Michigan, it's a battle over school vouchers. In Alaska the fight is over medical marijuana. Nebraskans are being asked to outlaw civil unions. In Colorado, Amendment 25 would impose a twenty-four-hour waiting period and antiabortion propaganda on women wanting to terminate a pregnancy. These are just a few of the dozens of state initiatives and ballot measures that voters will face on November 7.

The overwhelming majority of them are in the Mountain West and on the Pacific Coast--and most are rollbacks led by conservatives. "There are some good progressive initiatives," says Amy Pritchard of the Ballot Initiative Strategy Center. "But progressives are mostly on the defensive." Because initiatives generally don't get the same attention that candidates do, voters tend not to focus on them until the last minute, if they focus at all, making outcomes hard to predict.

Once again California is the bloodiest and costliest of ballot- initiative battlegrounds. As much as $50 million is being spent by both sides on Proposition 38, which would widely introduce school vouchers. Silicon Valley multimillionaire Tim Draper is bankrolling the pro-voucher forces, but stiff opposition from teachers' unions and elected officials seems to be dominating. (A similar plan in Michigan could win, however.)

A similarly salutary role was not played by many of these same officials on another California measure. Cooked up by the bipartisan political establishment, Prop 34 would short-circuit real campaign finance reform by enacting a measure that is a reform in name only. In San Francisco, a creative Proposition L would close legal loopholes that allow dot-coms and other gentrifiers to turn low-income residential and industrial neighborhoods into gilded offices and condo villages. Prop 36, a measure that would reverse the logic of the failed drug war by substituting treatment for incarceration of nonviolent users, seems to be gaining the upper hand, with substantial support from several groups backed by financier George Soros. Opposition to the measure ranges from prosecutors to the otherwise liberal actor Martin Sheen.

Alaskans appear to be poised to approve a cannabis decriminalization law that would also grant pardons to people convicted under state marijuana laws and make them eligible for restitution. Nevadans, too, will be voting on whether to approve medical marijuana--as well as whether to ban gay marriage. In Arkansas and Massachusetts, conservatives are championing antitax initiatives.

Oregon's menu of twenty-six ballot measures is a nightmare for progressives. The militantly antigay Oregon Citizens Alliance has collected more than $170,000 to promote Measure 9, which would ban public schools from teaching anything that promotes or sanctions homosexuality, but opponents have raised about six times that amount. Meanwhile, progressives are also having to spend resources to oppose measures 92 and 98, which would restrict the ability of unions to collect money to use for political purposes from more than 200,000 unionized workers.

The good news from the Northwest is that Oregon is one of two states (Missouri is the other) where voters have a chance to approve clean-money campaign finance reforms. In the past few years, four states--Maine, Vermont, Massachusetts and Arizona--have approved such laws. In each, the special-interest-funded opposition barely put in a showing, but that has changed. "We have always been David and the other side the Goliaths," says Public Campaign executive director Nick Nyhart. "In the past Goliath never came to play. Now he's out in force."

An Oregon radio campaign tries to tar the reformers as fronts for eco-terrorists and neo-Nazis. In Missouri, corporate opponents are threatening to spend $2 million to defeat the measure; to date Anheuser-Busch has led the charge with a $25,000 contribution, followed closely by KC Power & Light, Hallmark and the Missouri Association of Realtors. "It's crucial that these two measures pass," says Nyhart. "Clean money is an idea that has been winning, and we don't want to lose the momentum." In both states, the battle is tight and likely to go down to the wire. (Readers who wish to contribute can contact Missouri Voters for Fair Elections at 314-531-9630 and the Oregon Campaign for Political Accountability at 503-796-1099.)

Columns

This presidential race leaves an odd sensation among those of us not having a television. Like the much-cited Kennedy-Nixon race, in which the camera was generally thought to have given Kennedy the visual edge, the Gore-Bush debates played very differently with the visuals suppressed. Listening to them, Gore sounded stilted, yes, and Bush sounded unbelievably evasive, no surprises there.

What's more interesting, however, is that the day after the first debate, I found myself unable to understand any of the follow-up commentary in the rest of the media. Matching suits? Jerking? Smirking? Orange lighting? Had Al Gore really been made up to look like Ronald Reagan? Even the now-famous sigh was mostly a visual event--a camera angle, a gesture of exasperation; it hadn't come across at all on radio.

I felt as though I'd missed out on some weird national Halloween party. Who had the best costume? Who won the monster mash dance contest? And who in the world was all this playing to?

I suppose that's why the candidates ended their campaign playing to undecided Missourians. You can't get more middle than that. No one in Harlem, where Gore started his campaign, is undecided. No one at Bob Jones University, where Bush began his, is undecided. And so the race ended with the contestants sashaying down the runway in a mock Mr. America contest, attired like the Blues Brothers in identical suits and ties, each spouting platitudes about education and the moral fortress that is marriage, each playing down differences so as to appeal to the kind of centrist whose taste runs no further to the right or left than boiled as opposed to mashed potatoes.

But as someone who listened rather than watched, I am really shaken by how little attention has been paid to what substantive disagreements there are between Gore and Bush. There was, for example, that revealing moment when Bush was pushed about affirmative action--not the right-wing version that equates affirmative action with quotas, but the actual, conservative version permitted by the Supreme Court. Bush responded with some nonsense about what he called "affirmative access," which as Gore pointed out, has no legal or political meaning. When Bush was asked directly whether he would support affirmative action without quotas, he retorted, "If affirmative action means what I just described, what I'm for, then I'm for it." This was the kind of repeated evasion at which Bush is very practiced, but the kind of evasion that in fact speaks volumes. There are, I repeat, big differences between Bush and Gore when it comes to the issues about which most people are rarely undecided: race, gender, labor and environmental issues.

I suppose that most everyone except undecided Missourians understood that such games were being played in the debates. What worries me is the degree to which the recognition of this as masquerade has made some forget that it is also a game with high stakes. Impatience with the game-playing leads some to want to opt for someone who speaks passionately. But let's face it: Neither Nader nor Buchanan nor any other third party candidate has a prayer of winning this election. That's a mathematical certainty, folks. It's not the world I like--I wanted Bradley. But for now there are two choices given, and one will rule our lives.

We are choosing the world's most powerful leader. It is not an opinion poll, it is not a popularity contest and it is unlikely ever to be the vehicle for launching a progressive revolution. I find it distressing to see polls predicting that Nader voters will help Bush take Washington and Oregon. And I think voters in New York and Massachusetts are naïtve when they say they will vote for Nader because they feel their states are overwhelmingly Democratic anyway, so nothing will be lost if they register a protest vote for Nader. This is an election, not a market survey.

I get alarmed when I hear people say that maybe it will be better for progressives if Bush is elected. What kind of progressive wants a Bush appointee heading up the Office of Civil Rights? A Bush appointee deciding the fate of habeas corpus? A Bush appointee delivering the FDA to biotech companies? And will the progressive revolution occur before or after Bush hands over the last American wilderness to loggers and oil companies?

None of this means that I don't wish we had a wider range of pragmatic options. But I'll express that dissatisfaction by working for campaign finance reform. I'll work to see the infamous case of Buckley v. Valeo reversed (that's the decision that equated speech with money, thus making campaign spending a form of expression protected by the First Amendment). I'll work to see the inclusion of third party candidates in future debates. (And speaking of barring third party candidates from the debates, wouldn't it have been more interesting to have given Missourians who support Nader and Buchanan the chance to grill Gore and Bush?)

I wish all kinds of things were different--that we had more cumulative voting in the United States, that we entertained adopting certain features of parliamentary systems. I too find this offend-no-one, appeal-to-the-middle of a race infuriating. But it's also true that this campaign has been waged like the Gulf War. We the citizenry watch a big screen filled with talking heads holed up in the Baghdad Hilton--or a school auditorium in Iowa--but we must know that real missiles are exploding on the Rush Limbaugh Show or in Rupert Murdoch's New York Post or through the Christian Coalition's televangelized appeals. Within those forums, Republicans are not at all evasive, but mounting a frontal assault that equates public service with corruption, diversity with lowered standards, public schools with race wars, private schools with free enterprise, free enterprise with civil liberty, choice with self-segregation and the segregation of whites from blacks with opportunity. In the end, Pat Buchanan represents very little threat to George Bush because the right is smart enough to know which side its bread is buttered on. This is one heck of a moment for what's left of the left to allow itself to be divided and conquered by wasting a vote.

Stop the Presses

Bernie Sanders is right. Ralph Nader is "one of the heroes of contemporary American society." How sad, therefore, that he is helping to undo so much of his life's work in a misguided fit of political pique and ideological purity. The Nation's election editorial is wrong in its recommendation of "strategic voting" in this election. Ralph Nader's campaign does not deserve a single progressive vote on November 7. Not one.

To listen to the Naderites--many of whom I admire--you might believe they were constructing a diverse, representative progressive movement with the possibility of one day replacing the Democrats. How odd it is to note, therefore, that this nascent leftist movement has virtually no support among African-Americans, Latinos or Asian-Americans. It has no support among organized feminist groups, organized gay rights groups or mainstream environmental groups. To top it all off, it has no support in the national union movement. So Nader and company are building a nonblack, non-Latino, non-Asian, nonfeminist, nonenvironmentalist, nongay, non-working people's left: Now that really would be quite an achievement.

Although Nader has said that he would not consciously work to elect Bush over Gore, "he is not keeping his pledges," according to his onetime comrades in Nader's Raiders for Gore. Nader has been campaigning aggressively in Florida, Minnesota, Michigan, Oregon, Washington and Wisconsin. If Gore loses even a few of those states, then Hello, President Bush. And if Bush does win, then Goodbye to so much of what Nader and his followers profess to cherish. Goodbye, for instance, to affirmative action, abortion rights, gun control, campaign finance reform, minimum-wage raises, environmental protection, consumer protection, class-action lawsuits, worker-safety legislation and just about everything else the government can do to help the neediest and most vulnerable among us.

These are not the scare tactics of the "frightened liberals" that Nader and his fellow political puritans hold in such profound contempt. This is the truth. Nader supporters argue that his candidacy is likely to help elect a Democratic Congress. Oh really? In the first place, careful studies have never been able to identify the so-called silent progressive majority--the Nader voters who otherwise wouldn't make it to the polls but who once there would vote for lower-level Democrats--upon which this strategy rests. And wait a minute: I thought the Democrats weren't worth saving, anyway. The far more likely outcome of Nader's Pied Piper run is the election of a dimwitted right-wing President with Trent Lott, Jesse Helms, Tom DeLay and Dick Armey inaugurating an era of conservative reaction the likes of which Newt Gingrich could scarcely have imagined.

And for what? A party that polls single digits in national elections? Who needs it? While it has been salutary to see Nader speak some occasional truth to power on television, given the winner-take-all structure of national and local elections the US political system has no role for third parties other than that of a spoiler. Excluding the lunatic Reform Party, only one third party in the twentieth century, the Socialists, ran in more than two consecutive presidential campaigns. The Socialists are also alone in having won more votes in a second election than in their first. Yet as the democratic socialist founder of In These Times, James Weinstein, points out, "Even at the height of their influence they had no potential of becoming a major presence in Congress, much less of electing a president."

Nader's candidacy, moreover, manifests some of the least attractive aspects of the sectarian left. It demonstrates the old faux-revolutionary tendency to focus fire on one's natural allies on the center-left rather than one's genuine enemies on the right. Some Naderites have also displayed a streak of leftist McCarthyism in their attacks on those progressives who question their strategy of abandoning the Democratic Party to the corporations. And Nader has demonstrated extreme carelessness with his words in this campaign, calling the choice between Gore and Bush a choice between Tweedledee and Tweedledum. Given the obvious differences between the two parties (see "Bush or Gore: Does It Matter?" October 16), this posturing comes at considerable cost to the man's once unquestionable reputation for intellectual honesty and political integrity.

You don't have to like or admire Al Gore to vote for him. I sure don't. But elections are not therapy. Nor, as philosopher John Dewey reminds us, are they useful occasions for movement-building. If you have to start building your movement by the time Election Day comes around, it's already too late. Given the weakness of the left in America today, our elections are by definition a choice of the lesser evil. The mistake Naderites make is in their refusal to distinguish between those evils.

There is the Clinton/Gore evil where, yes, corporate power runs rampant and inequality is increasing, but minorities, gays, women and low-wage workers have made more economic (and in some cases, social) progress than at any time in nearly four decades. Then there is the Bush/Lott/DeLay evil where these same people will be pushed back to their traditional places, as the Republican Party revives its war against Social Security, progressive taxation, public education and the few remaining sources of democratic solidarity in America.

Had Nader taken a page from the Christian Coalition and challenged Gore and the party leadership in the primary process, he might have forced its center of gravity leftward in response to the organized populist anger we saw on display in Seattle last year. Indeed, I would have been happy to vote for him. A steady, patient challenge to the party's corporate domination at the grassroots and presidential level is just what both the party and its progressives need to build the kind of machine that can win tangible victories down the road. Instead, Nader has chosen to ape Pat Buchanan, leading his followers on a costly and quixotic march to nowhere. Too bad the poor and the powerless will be--as usual--the ones to pay.

ROUGHED JUSTICE Ohio Supreme Court Justice Alice Robie Resnick's re-election campaign would have been a quiet waltz to a third six-year term were it not for the fact that the veteran jurist has stepped on powerful toes. Resnick, the second woman to serve on the state's highest bench, has frequently led a 4-to-3 court majority in writing decisions defending the rights of workers and consumers, taking on corporate abuses--particularly those of insurance companies--and forcing the state to develop fairer school-funding formulas. For her temerity, Resnick is taking a battering from corporate groups, which are expected to spend as much as $7 million to bring her down. The executive director of the Ohio Chamber of Commerce recently sent out an anti-Resnick fundraising letter asking for contributions of up to $10,000 to "turn the tide of anti-business decisions." Resnick is only the latest target of a national effort to cleanse state-court benches of jurists who defend the rights of consumers to sue corporate wrongdoers; similar attacks have toppled progressive judges in Alabama, Texas and a number of other states. In Ohio, the AFL-CIO, the Democrats and women's rights, civil rights, consumer and trial-lawyer groups have fought back with a pro-Resnick campaign that has turned her race against a Republican-backed lower court judge into the state's fiercest contest. Resnick says she's fighting hard to defend "impartial, independent justice." But, as her foes gear up for a final wave of attack ads designed to question the much-honored jurist's personal integrity, she says, "I would never want to see another judge go through what I'm going to have to go through."

INDIAN POWER Once prevented by law from participating in elections, and long discouraged by racism and isolation from casting ballots, Native Americans have been slow to flex their political muscle. As a result, even in states such as New Mexico, South Dakota, Wisconsin, Minnesota and Montana, where Indians make up a substantial portion of the population, their electoral influence has been limited. This year, however, it could rise, particularly in Montana, where the Honor the Earth Tour brought the Indigo Girls, Joan Baez, Bonnie Raitt and other artists to "Get Out the Indian Vote" rallies organized in conjunction with the group Native Action on the Northern Cheyenne, Blackfeet and Flathead reservations. At concerts in several Montana cities, Native Action registered hundreds of new voters. Other stops on the tour, a project of the Indigenous Women's Network, the Indigenous Environmental Network and the Indigo Girls, featured Jackson Browne, David Crosby and the blues group Indigenous. Tour revenues help fund fights against the slaughter of buffalo and the use of Indian lands for storage of nuclear waste. "We are working to change the balance of power in which Native environmental struggles take place, and to tip the scales in favor of justice," says Honor the Earth program director Winona LaDuke, an Anishinaabe Indian who is the Green Party vice-presidential candidate.

OPENING THE DEBATES While the Green Party's Ralph Nader wasn't allowed to participate in the three national presidential debates, some candidates in high-profile state elections have been more successful. In West Virginia, Mountain Party gubernatorial candidate Denise Giardina dispatched a supporter dressed as a chicken to shadow Democrat Bob Wise, who had refused to participate in debates that included Giardina, an award-winning novelist who is sounding social and economic justice themes in her campaign. Wise backed down and Giardina, in several appearances, earned high marks for forcing a dialogue that the major-party candidates had avoided on environmentally destructive coal-mining techniques.... Vermont Progressive Party gubernatorial candidate Anthony Pollina, a regular in debates with centrist Democrat Howard Dean and right-wing Republican Ruth Dwyer, earned kudos from the Rutland Herald, which said, "It seemed sometimes Pollina was expressing Dean's views better than Dean was."... In California, Green US Senate candidate Medea Benjamin debated maverick Republican Tom Campbell in Oakland and Los Angeles while Democratic Senator Dianne Feinstein begged off. Benjamin says, "The fact that Dianne Feinstein refuses to participate because she is ahead in the polls is an indication of just what is so wrong with the American political system."

ON THE TRAIL Musician Ani DiFranco, a high-profile Nader backer, enthusiastically urges support for him in states such as New York, where Democrat Al Gore is ahead. In an open letter to fans, however, she warns that "there's just one little hitch" in swing states where the presidential race is close: "a Green Party vote really does mean that Bush comes one vote closer to winning."... San Francisco Supervisor Tom Ammiano, who promised after he lost a 1999 mayoral bid that "I'm not going away," is backing a slate of progressive supervisor candidates, including Native American rights crusader Aaron Peskin, AIDS activist Eileen Hansen and tenants' rights campaigner Marie Harrison.

In Chicago, in mid-October, I did a radio show with the Bill Buckley-ish Milt Rosenberg of WGN, a big station. Rosenberg said that because of the fairness doctrine our discussion of Al Gore: A User's Manual, written by Jeffrey St. Clair and myself, could not be broadcast until after the election. So we spent an hour bathing ourselves alternately in the dawn light of the impending Bush and Gore administrations.

It's Bush in the White House! And yes, he's there in part because of the Nader vote. The big liberal public-interest organizations, green groups, NOW, begin to roll out their mass mailings, delightedly fundraising against a backdrop of predicted catastrophe: the Arctic National Wildlife Refuge pincushioned with test drillings, polar bear cubs licking at the gobs of crude oil on their fur. With any luck Bush will nominate some James Watt look-alike for the Interior Department. Watt got nothing done, but he sure scared up a lot of money for green groups.

Ralph Nader holds an unapologetic postelection superrally. It's packed to the rooftop with exultant young people, who will carry the memory of the Nader/Green drive of 2000 as their transformative political moment. He reminds the Democrats of why they lost. They offered no appealing reasons for enough progressives to vote for them. He points out that throughout American history there have been moments of renewal, of creative destruction and then refreshment of the political process. Nader sketches out the line of march for the next four years.

It's Gore by a nose! Enough progressives who had been tilting toward Nader and the Greens were scared back into the fold those last weeks. Four more years of you-know-what.

"A vote for Nader is a vote for Bush." How quickly the Gore liberals adopted a totalitarian mindset, sounding like Soviet commissars back in the old days, who would urge the voters toward a 98 percent turnout for the Communist candidate, arguing that any deviation from absolute loyalty would "objectively" play into the hands of the imperialists.

A vote for Nader was first and foremost a vote for Nader. And since the programs of the Democratic and Republican candidates are pretty much the same on issues ranging from corporate welfare to Wall Street to the war on drugs to crime to military spending and the war in Colombia, a vote for Gore was actually a vote for Bush, and a vote for Bush a vote for Gore. You're getting them both.

Those waning days of the campaign there was a desperation to the alarums of the Gore people about Nader. For one thing, they knew that the Nader superrallies in New York, across the upper Midwest and in the Northwest had a hugely energizing effect on young people. Nothing like it since Jesse Jackson's populist bid for the nomination back in 1988. Back at that time Jackson folded in behind the Democratic ticket and rolled up his Rainbow, leaving hundreds of thousands of supporters with nowhere to go and nothing to do. It was one of the most despicable acts of self-interested betrayal of people's hopes in living memory. If Jackson had led the Rainbow out of the Democratic Party back then, it would have been a far better base for a third party than what the Greens have to offer.

The enthusiasms of these young activists weren't about to be quelled by lectures from Gloria Steinem or Barney Frank or Jesse Jackson Jr. about the need to take the mature view and root for Gore/Lieberman. For one thing, they watched the debates. Did they take from those labored encounters any nourishment from Gore on issues that they have an appetite for, like trade or sweatshop labor or the drug war or the growing divide between rich and poor?

Gore liberals such as Steinem, Patricia Ireland of NOW and Carl Pope of the Sierra Club have been trading in false currency for so long that they don't realize that as shills for the Democratic Party their credit was used up long, long ago.

Listen to Ellen Johnson, an organizer for the Arizona Greens, who teaches at Arizona State in Tempe. "Since the onset of the Clinton presidency NOW's once-stalwart support of many women's rights issues has eroded. While reproductive rights are important, so is quality childcare, a living wage, healthcare and eradication of environmental toxins. Although Clinton/Gore promised to address these issues in '92 and '96, no acceptable plans for improvement have been implemented. Why is NOW so willing to give Gore another chance? Oh yeah, I forgot, for abortion rights. What is Roe v. Wade worth to you, NOW? If it's the wholesale sellout of a constituency you once pledged to serve, then you are on the right track."

What the fall campaign did most of all was to show up the bankruptcy of people like Ireland and Pope--the people who soft-shoed for Clinton and Gore for eight years. The sort of people, come right down to it, who are now trying to fire Pacifica's Amy Goodman. Yes, Mary Frances Berry, consultant to the Pacifica board, was a prominent presence at an October 24 gig organized by People for the American Way, presided over by Bill Clinton, and designed to scare progressives back to Gore.

Of course they want to fire Amy Goodman! She puts on the best show on public radio, doesn't she? The liberals who run Pacifica would much rather have manageable mediocrity than Democracy Now! There's nothing so irksome as success not achieved on their terms, under their rules and their rubrics. Amy has edge. She doesn't take "guidance." She's a loose cannon. She brought Ralph Nader onto the floor of the Republican convention in Philadelphia. She's not Tweety Bird or Terry Gross. So she has to go!

How is the Pacifica directorate trying to dump the most popular voice on the network? Easy. Choke the woman with bureaucracy. Demand that she file broadcasting flight plans a week ahead. Insist that she get prior approval for all her speaking gigs. Put it about that Pacifica needs "new voices," a bigger share of the yuppo audience. Murmur not so softly that Amy is old hat, is not really and truly part of the big Pacifica Picture.

It's a control thing. There's nothing on this earth liberals hate more than radicals straying outside the reservation. Let's stray. Onward!

Gore says he prays when crises loom.
He asks just what would Jesus do.
And then he does that very thing
(If focus groups would do it too).

So whose side's Jesus on, folks? Whose side's Jesus on?
Who's got the Savior's brawn, folks? Yes, whose side's Jesus on?

And Bush says faith-based treatment's best
For those adrift or drug-addicted.
Salvation's just for Christians, though.
No Jews. Yes, heaven's still restricted.

So whose side's Jesus on, folks? Yes, whose side's Jesus on?
Who's got the Savior's brawn, folks? Yes, whose side's Jesus on?

The other side, warns either side,
Would of the Savior's blessings rob us.
And Lieberman? Well, he can say
That Jesus wouldn't work on Shabbes.

So whose side's Jesus on, folks? Yes, whose side's Jesus on?
The battle lines are drawn, folks. Yes, whose side's Jesus on?

Articles

The judge who chided Bush over aid to children is part of a state tradition.

Show-off argumentation or dime-store vision? It's too close to call.

The plane crash that took the life of Missouri Governor Mel Carnahan on October 16 appears to have been a disaster for the Democrats, not only in the Show Me state but nationally. "It means we lose any chance of winning the Senate," laments Russell Hemenway, who runs the National Committee for an Effective Congress (NCEC), the nation's oldest and most effective liberal PAC. Here's why:

Carnahan was running against GOP Senator John Ashcroft, one of the four Republican incumbents rated as highly vulnerable (the others: Minnesota's Rod Grams, Delaware's Bill Roth and Washington's Slade Gorton). The NCEC expects Democratic losses in Virginia--incumbent Chuck Robb--and Nevada, which has an open Democratic seat. Even if the Democrats hold on to their open seats in New Jersey (a lock), New York and Nebraska (less certain) and pick up the open GOP seat in Florida, without Carnahan that means "we lose two and pick up four, max," Hemenway says. Should Joe Lieberman be elevated to the vice presidency, Connecticut's Republican governor would fill his vacancy--probably with popular GOP moderate Congressman Chris Shays, who'll be hard to dislodge--further reducing the chances of a Democratic majority.

Carnahan was, by all accounts, a pretty straight shooter as politicians go. A Southern Baptist from a small rural town, he was a relentlessly driven officeseeker as he climbed the greasy pole to the Statehouse but not overly gluttonous of publicity once in power, an effective administrator and a cautious centrist--but with flashes of heart. He picked his fights carefully, vetoing a ban on "partial birth" abortions (a veto that the Democratic-controlled legislature, including many Dixiecrats, overrode) and leading a successful campaign to defeat an NRA-backed referendum to permit the carrying of concealed handguns. But Carnahan walked away from this year's Fair Elections referendum to provide 100 percent public funding on the Maine model (while raking in nearly as much soft money for his Senate campaign as Ashcroft). And he refused to meet with representatives of the gay community for most of his tenure as governor.

Ashcroft, on the other hand, is a hard-core cultural and political conservative from Springfield, in the southwestern part of the state (known as the Buckle of the Bible Belt). His father was president of Evangel University there, run by the Assemblies of God, a pentecostal sect known as "holy rollers" for their practice of writhing on the floor while speaking in tongues. A popular governor before becoming senator, Ashcroft was so straitlaced that he banned liquor and dancing from the Statehouse. In 1997 Ashcroft tried to parlay his religiosity into a presidential candidacy, positioning himself as the candidate of the religious right. "He really damaged himself here, because in running for President, he showed just how extremist he really is," says Grant Williams of the state's Service Employees International Union. In a state with 350,000 union members and a rich labor history, Ashcroft has a viciously antilabor record: As governor he tried to pass a right-to-work referendum, and as senator he sponsored a bill that would have gutted the Fair Labor Standards Act by permitting employers to work their wage slaves sixty hours a week with no overtime pay. The darling of business lobbies, Ashcroft has been a master of the cash-for-votes trade: For example, he sponsored legislation to extend for five years the patent on the anti-allergy drug Claritin--a measure worth billions in profits to its maker, Schering-Plough--and two months later pocketed a $50,000 campaign contribution from the company, which earned him a tart St. Louis Post-Dispatch editorial branding him "the Senator from Claritin." All this, plus Carnahan's popularity as governor, had made the Senate race a dead heat.

But with Ashcroft now unopposed by a live candidate (it's too late to get Carnahan's name off the ballot), Democrats are scared to death about turnout. To counter the GOP's expected majorities in rural Missouri, especially in the southwest, they'd been counting not only on energized union voters but on a better-than-usual black vote. Ashcroft is perceived, as a leading black state legislator, Rita Days, puts it, "as a racist." Ashcroft led the Senate fight against confirmation for a federal judgeship of Ronnie White, the first African-American member of the state's Supreme Court. In his abortive presidential campaign Ashcroft gave an interview to the neo-Confederate magazine Southern Partisan, praising "Southern patriots" like Jefferson Davis and Stonewall Jackson and adding, "We've all got to stand up and speak in [defense of their memories] or else we'll be taught that these people were giving their lives, subscribing their sacred fortunes and their honor to some perverted agenda." Last May, he gave the commencement address at and received an honorary degree from Bob Jones University.

But with no possibility of defeating Ashcroft, there's not much to motivate an expanded black turnout. The Democrats have a white-bread ticket for other statewide offices, headed by gubernatorial candidate Bob Holden, the state treasurer, a centrist with a charisma bypass and little visibility in the black community.

Even before Carnahan's death, senior Democrats were describing the party's get-out-the-vote drive as "OK, but not great." Toby Paone, a veteran political op who now works for the state's NEA, explains: "We've been in power eight years--we've gotten too comfortable, there's some apathy. And don't forget that Carnahan had virtually no race four years ago." The liberal former mayor of St. Louis, Vince Schoemehl, says, "Carnahan was the Democrats' firewall--he was going to run 3-4 points ahead of Gore, and Democrats do better downticket when people start splitting their ticket at the top." With Carnahan out, the Democrats could even lose one or both houses of the state legislature, where their majorities are slim (two in the Senate, seven in the House), endangering the party's control over future redistricting.

Moreover, says a veteran Democratic politician, "here the party apparatus is controlled by the governor--they're all Carnahan's people. Now they've lost their leader, they're in mourning, discombobulated." Magnifying this body blow to the party's campaign just three weeks before the election was Gore's aggressive performance in the St. Louis presidential debate. Even though Carnahan and Ashcroft despised each other, in their one televised debate just one day before the plane crash they were very gentlemanly. "I just don't think Gore's debate performance played well at all with Missourians," opines State Representative Steve McKluckie, a leader of the legislature's progressive caucus.

Carnahan was the motor driving the Democrats' Missouri campaign. With that motor now silenced, Gore, too, has much to worry about. And Missouri has voted for the winner in every presidential election this century save one.

Books & the Arts

Film

George Washington takes place in a small, weedy, rusty city in the American South, where children conduct their affairs with adult responsibility and adults behave like kids. The grown-ups had fought wars and built machines, explains Nasia (Candace Evanofski), the little girl who narrates the film in voiceover, so "it was hard for them to find their peace." By contrast, the children dwell on problems of friendship, love and the care of small animals. These subjects lead not to turmoil but to the contemplation of "mysteries...all the mistakes God had made."

Nasia doesn't name these errors; but a moviegoer might draw up quite a list. God has allowed George Washington to be set in a city of empty storefronts, derelict factories, junkyards, railyards and tumbledown houses: places of abandonment and failure, which are lovingly photographed in warm sunlight and deep colors. Presiding over this America (at least in Nasia's mind) is her friend George (Donald Holden), whose skull God forgot to fuse. George's brain lies so near the surface that he has to go about wearing a football helmet. But despite his vulnerability--or because of it--George wants to be a hero, and Nasia sees him as one. The marvel of the movie is that you see George almost as she does, even while knowing that he's a poor, scared, guilt-burdened kid.

On the level of knowledge--of meanings that can be paraphrased--George Washington is a mounting pile of disasters. Parents are dead, imprisoned or crazy; pets are candidates for slaughter; friends are one slip away from a violent end. The survivors, while not yet old enough for high school, ache with a secret conviction of sin, or else go numb and blame themselves for it.

But the movie doesn't play at the paraphrasable level. As written and directed by David Gordon Green in his remarkable feature debut, George Washington is a languid series of impressionistic glances, many of them cast at subjects that seem lovely or droll. Scenes often fade to black, so they occupy their own little space. The performers (all of them nonprofessional) play-act with a sincerity (sometimes an abandonment) that makes each moment a piece of eternity. Music is used sparingly; and when it does come up, it's generally in the form of a slow, two- or three-chord pattern that isn't planning to go anywhere. Maybe a couple of the children want to skip town after their friend Buddy abruptly dies; but the sounds are content to cycle in the air, as if they feel what George and Nasia feel. The goodness that the kids hope to find, the love and heroism they seek, must be present here and now, if they exist at all.

Do they exist? The answer might be yes, if you smile when George puts on his superhero outfit--the football helmet, a uniform from the school wrestling team and a white sheet, tied around his neck as a cape--and pretends to direct traffic. Never mind that the traffic doesn't need direction. George apparently believes he's saving lives; and though his need for this belief is terrible, though circumstances have made the wrestling uniform a token of guilt, the camera nevertheless gazes up at him, admiring rather than belittling his solemn arm-waving.

This is irony reversed: a demonstration of the moral and imaginative strength of a character who is, in his material condition, weaker than the viewer. I might even say (to compare small things with great) that George takes on the role of Father of His Country much as Leopold Bloom assumes the mantle of Ulysses. For all we know, George's ancestors were owned by the Father of His Country. (Like most of the film's characters, George has African blood.) But in his own eyes and Nasia's, there's still freedom and glory to be found on Independence Day--though the parade, to us, may look comically shabby, though the city's grown-ups doze off before the fireworks begin.

"Smile," someone says to George as the film concludes. When a picture's this good, that's easily done.

By coincidence, October has brought another outstanding first feature about the sudden death of children in a garbage-strewn city. The setting of this picture is a slum in Glasgow, where a foul canal runs past row houses of brick, near the concrete towers of a housing project. The period is the recent past, when Tom Jones was the latest singing sensation, and a garbage strike had left the streets and lots heaped with vermin-infested rubbish. The title of the film is Ratcatcher; and the writer-director, Lynne Ramsay, promises to be a major talent.

She's had the courage to make the worst happen within the first five minutes of the film. Young James (William Eadie) is tussling playfully with his friend Ryan Quinn when the latter goes down in the canal and doesn't come up. James runs off in fear; and from then through the end of the film, he lives with his secret. You might even say that he walks around in the secret. Ryan's mother gives him the shoes she'd been buying for her son at the very moment of his death. James accepts the gift, having no alternative, then slashes the uppers with broken glass.

As that action suggests, Ratcatcher is a far less dreamy film than George Washington. While Green chooses a vibrant rust as his predominant color, Ramsay calls up all the shades of mud. While George Washington takes place in sunshine--even the most awful setting is shot through with shafts of light--Ratcatcher is so muted that it might have been shot underwater. The world is drained of sensual pleasure; when James's father brings home a can of pale blue house paint, which seems to have fallen off a truck, closer inspection proves he's got industrial gray.

Don't even think about seeing Ratcatcher if you dislike knowing that the film conforms to its title. But don't stay away if the prospect of unrelieved grimness is what's putting you off. The good news is that Ramsay has the idiosyncratic eye and mind of a young Jane Campion. She's always picking out odd but telling details--a wedge of nylon stocking between the mother's toes, a trickle of saliva along the slumbering father's cheek--and showing them from punchy angles. She also has a talent for opening windows in the daily grind, to reveal sudden vistas of the wondrous. Ratcatcher is hardly the work of a whimsy merchant; and yet, at one point, James discovers a green field that's as perfect as a picture on the wall, and is framed like one. At another moment, while witnessing one of the film's many rodent deaths, he imagines a pet mouse's trip to the moon.

Most important of all, Ramsay chooses to dramatize characters who are loving as well as damaged. James may have the low, dark hairline and bat ears of Franz Kafka (perfect attributes for a lad serving time in this penal colony); the young girl he falls for, Margaret Anne (Leanne Mullen), may be used as common property by a gang of toughs, whose preferred love nest is an outdoor privy; and yet, in a scene at the film's heart, James and Margaret Anne can share a frolic in the bath, innocently enjoying one another and a rare body of nonlethal water. Even the grown-ups are granted such a measure of grace. Mother (Mandy Matthews) is at wit's end, coping with the chaos and dangers of poverty; Father (Tommy Flanagan) is a philandering drunk. But late in the picture, after a rough night, they put on a Sinatra record and dance in a single shaft of light, surrounded by utter blackness; and for that long moment, while they clutch each other, the screen is suffused with unembarrassed warmth.

Ratcatcher is about the surprises that crop up and the hopes that remain alive after the worst has occurred. Tough, dour and open-spirited, it's a welcome new entry in the smallest genre of cinema: pictures that become more interesting as they go on.

Noted with pleasure: My colleagues say that Bedazzled--Harold Ramis's remake of the 1967 comedy--is not a masterpiece, and surely my colleagues are right. This tale of a sniveling schlep who sells his soul to the Devil, having despaired of getting laid in any other way, was far more theologically sound in the original. For one thing, the 1967 version was written by Peter Cook and Dudley Moore, who were known to have read books, and starred the innately sadistic Cook as the Devil and the innately floundering Moore as the schlep. For another thing, the original included a full-scale parade of the seven deadly sins, featuring Raquel Welch as Lust.

The new version dispenses with such medieval apparatus and casts today's Raquel, Elizabeth Hurley, as the Devil. She's a sport (as you know if you've seen the first Austin Powers movie) and seems to enjoy wriggling all relevant parts of her anatomy; but once you get past the sight gag, you realize she does most of her acting with her teeth. Hurley is a great biter and clacker.

But then there's the schlep. He's played by Brendan Fraser, who has become the pre-eminent big lug of contemporary American comedy. Bedazzled gives him the opportunity to play a computer nerd (the basic character), a Colombian drug lord, a New Age California simp, a loofah-brained basketball star, a hyperarticulate novelist in a great tuxedo and Abraham Lincoln, all of which roles he carries off with the ease and aplomb of George of the Jungle swinging smack into a tree. No, Bedazzled isn't a masterpiece. But it's a Brendan Fraser vehicle, and for that I'm grateful.

Book

You have "little trace," exclaimed Gershom Scholem in a letter he sent to the great Jewish political philosopher Hannah Arendt, of "love for the Jewish people." It was the early 1960s, and Scholem, one of Israel's most prominent intellectuals, was responding to her analysis of Adolf Eichmann's trial. Scholem's attack was spurred by several assertions Arendt had made, including her allegation that the Jewish officials in the ghettos--the Judenrat--expedited the extermination machine; if they had not collaborated with the Nazis, Arendt wrote, fewer Jews would have been killed.

Scholem's criticism expressed the prevailing view held by Israel's elite. Not surprisingly, Arendt was censored in Israel, and it took thirty-six years before an Israeli press agreed to translate her writings. Although the recent appearance of Eichmann in Jerusalem in Hebrew has rekindled an age-old debate, it seems that Israelis can now relate to the Holocaust in a more mature way.

Corners of the Jewish establishment in the United States may not be ready to cope with similarly forceful criticism, though, judging from the response to Norman Finkelstein's The Holocaust Industry. A review put forth in the New York Times tossed it aside as "an ideological fanatic's view of other people's opportunism, by a writer so reckless and ruthless in his attacks that he is prepared to defend his own enemies, the bastions of Western capitalism, and to warn that 'The Holocaust' will stir up an anti-Semitism whose significance he otherwise discounts." There are two major problems with this line of criticism. First, it summarily dismisses Finkelstein's arguments without any attempt to engage his disturbing accusations. Second, instead of concentrating on the book, the reviewer goes after the author, implying that Finkelstein, the son of survivors, represents a neoteric breed of anti-Semite. In this way, it resembles the assault on Arendt.

On the book's first page Finkelstein distinguishes between the actual historical events of the Nazi holocaust and "The Holocaust," a term denoting an "ideological weapon." He notifies the reader that The Holocaust Industry deals only with the ideological component, which is used to cast both Israel and "the most successful ethnic group in the United States" as victims. Victim status, in turn, says Finkelstein, enables the Zionist state, which has "a horrendous human rights record," to deflect criticism, and US Jewish organizations (the American Jewish Committee, the American Jewish Congress and others) to advance dubious financial goals.

Others have already shown that the holocaust has served to justify pernicious acts. Tom Segev, a leading Israeli journalist, said as much over a decade ago in his book The Seventh Million. In the early 1980s, Israeli scholar Boaz Evron observed that the holocaust is often discussed by "a churning out of slogans and a false view of the world, the real aim of which is not at all an understanding of the past, but the manipulation of the present." Thus, Finkelstein's contribution to the existing literature involves his concentration on US Jewish organizations. He attempts to go beyond Peter Novick's The Holocaust in American Life [see Jon Wiener, "Holocaust Creationism," July 12, 1999], which focused in part on abuses committed by Jewish organizations and intellectuals, by providing a much more radical critique. Finkelstein strives to show how the organizations have "shrunk the stature of [Jewish] martyrdom to that of a Monte Carlo casino."

The major claim of the first chapter, "Capitalizing the Holocaust," is that until the 1960s "American Jewish elites 'forgot' the Nazi holocaust," their public obliviousness induced by a fear of being accused of "dual loyalty." Finkelstein urges the reader to keep in mind that the United States opposed Israel's 1956 invasion of Egypt and did not become an ardent champion of the Jewish state until the mid-1960s. Accordingly, he avers, Jewish elites were apprehensive about accentuating the holocaust for fear that this would be interpreted as favoring Israel over the United States.

The reader is also reminded that after World War II, Germany became "a crucial postwar American ally in the US confrontation with the Soviet Union." It was, I believe along with the author, a sad moment in Jewish history when organizations like the American Jewish Committee and the Anti-Defamation League "actively collaborated in the McCarthy-era witch hunt." The crux of Finkelstein's argument in this context is that Jewish organizations "remembered" the holocaust only after the United States and Israel had formed a strategic cold war alliance. They suddenly realized that "The Holocaust" (in its capitalized form) could be employed as an ideological tool.

Finkelstein does not hesitate to use blunt language rather than euphemism; and although he usually applies words in a precise manner, at times he gets carried away in his analysis. For instance, at the very end of the first chapter, after discussing the dissolution of the longstanding alliance between American Jews and blacks, he claims that "just as Israelis, armed to the teeth by the United States, courageously put unruly Palestinians in their place, so American Jews courageously put unruly Blacks in their place." The book offers no support for the sentence's second clause; the analogy it sets up, too, is erroneous and can easily be used to discredit Finkelstein and thus his more serious charges.

The book's principal weakness, however, develops in its second chapter, "Hoaxers, Hucksters and History." Finkelstein dedicates this portion of the book to undermining two "central dogmas" that "underpin the Holocaust framework: (1) The Holocaust marks a categorically unique historical event; (2) The Holocaust marks the climax of an irrational, eternal Gentile hatred of Jews."

My criticism has nothing to do with Finkelstein's analysis of the second dogma, whose paradigmatic example is Daniel Goldhagen's Hitler's Willing Executioners. The main thesis underlying Goldhagen's book--which has been acclaimed in some quarters but derided in many others--is that ordinary Germans were no less anti-Semitic than National Socialist Party members. Goldhagen's theory serves the notion that Jews can always fall prey to Gentiles, which makes them the quintessential and eternal victims. And if "'all people collaborated with the Nazis in the destruction of Jewry,'" then, as Boaz Evron points out, "everything is permissible to Jews in their relationship to other people." Together with Ruth Bettina Birn, an international expert on Nazi war crimes, Finkelstein examined Goldhagen's references one by one, and in their book A Nation on Trial they concluded convincingly that Hitler's Willing Executioners is not worthy of being called an academic text.

My problem, rather, lies with Finkelstein's attempt to demonstrate that the holocaust was not a unique historical event. I disagree with Elie Wiesel, who for a "standard fee of $25,000 (plus a chauffeured limousine)"--in Finkelstein's aside--insists that "we cannot even talk about it," and I follow Finkelstein's admonition that it's helpful to compare it with other historical events. Yes, Finkelstein is right that Communists, not Jews, were the first political casualties of Nazism, and that the handicapped were the first genocidal victims. He is also correct that Gypsies were systematically murdered. But these facts do not prove that the holocaust was unique only "by virtue of time and location," in his formulation. Even though mass genocide has occurred elsewhere, death trains, gas ovens and Auschwitz have not. The holocaust, including the horrific experience of European Jewry, was unique.

Finkelstein's error is in conflating two issues: the uniqueness of the holocaust, on the one hand, and how this uniqueness is interpreted and put to use in manipulative ways, on the other. He fails to recognize that one need not debunk the uniqueness of an event in order to compare it and criticize its use and abuse.

Nonetheless, when it comes to analyzing how "The Holocaust" has been employed to advance political interests, Finkelstein is at his best. He shows how "The Holocaust" demagogues draw a link between "uniqueness" and "Jewish chosenness" and demonstrates how both are used to justify Israel's rightness, regardless of the context. His most notable contribution is in the third chapter of his book, "The Double Shakedown," where he couches as an exposé his view that "the Holocaust industry has become an outright extortion racket." The chapter deals with a few specific cases but mainly focuses on the circumstances leading to the compensation agreement between Switzerland and a number of Jewish organizations. In this disturbing affair the devil is in the details, and Finkelstein has done his homework.

The empirical evidence he supplies is alarming. He documents how Jewish organizations have consistently exaggerated numbers--of slave laborers or the amount of "victim gold" purchased by the banks--in order to secure more money. This sort of inflation was recently repeated in an October 23 letter written by Burt Neuborne--the lead counsel in the Swiss banks case--to The Nation. Neuborne claimed, for instance, that if one takes into account that there were "more than 2 million wartime accounts" whose records have been destroyed, then the $1.25 billion compensation provided by the Swiss "barely scratches the surface of the stolen funds." Neuborne fails to mention the findings published by the Independent Committee of Eminent Persons, also known as the Volcker Committee, in its Report on Dormant Accounts of Victims of Nazi Persecution in Swiss Banks (1999). The committee established that approximately 54,000 dormant accounts had a "possible or probable" relationship to Holocaust victims, and of these only half had any real likely connection. Considering that "the estimated value of 10,000 of these accounts for which some information was available runs to $170-200 million," even Raul Hilberg, author of the seminal study The Destruction of the European Jews, infers that the "current value of the monies in the dormant Jewish accounts is far less than the $1.25 billion paid by the Swiss."

Hilberg himself has accused some Jewish organizations of "blackmail," and Finkelstein describes in detail how this economic strong-arming was carried out. While the high-powered lawyers representing the organizations haggled with the Swiss, the Jewish lobby launched an extensive campaign. This drive included the publication of studies--supported by the Simon Wiesenthal Center--that accused Switzerland of "knowingly profiting from blood money" and committing "unprecedented theft," and claimed that "dishonesty was a cultural code that individual Swiss have mastered to protect the nation's image and prosperity." Using its leverage, the lobby utilized these allegations in the House and Senate banking committees in order to orchestrate a "shameless campaign of vilification" against Switzerland, in Finkelstein's words. Simultaneously, it convinced officials in a number of states, including New York, New Jersey and Illinois, to threaten the Swiss banks with economic boycott. Finally, the banks bent in response. Call it what you will, ingenious lobbying or conspiracy theory, Finkelstein manages to disclose how this well-oiled machine has utilized abhorrent methods to fill its coffers.

The World Jewish Congress has amassed "roughly $7 billion" in compensation moneys. One reads that former Secretary of State Lawrence Eagleburger earns an annual salary of $300,000 as chairman of the International Commission on Holocaust-Era Insurance Claims, while ex-Senator Alfonse D'Amato is paid $350 an hour plus expenses for mediating Holocaust lawsuits--he received $103,000 for the first six months of his labors. Most of the attorneys hired by the Jewish organizations earn around $600 an hour and their fees in total have reached several million. One lawyer asked for "$2,400 for reading Tom Bower's book, Nazi Gold." These attorneys might be demanding a smaller fee than is common to such litigation, but even a small percentage of a billion dollars is a lot of money. One should keep in mind that Finkelstein's mother received $3,500 for spending years in the Warsaw ghetto and in labor camps--the same amount D'Amato made in ten hours' work. These numbers plainly suggest that the "struggle," as much as it may be about paying damages to victims, has elements of an out-and-out money grab.

Finkelstein's analysis here boils down to three major criticisms: First, US Jewish organizations have been using shady methods to squeeze as much money as they can from European countries; second, while these organizations "celebrate" the "needy victims," much of the money gained in the process does not reach the victims but is used by organizations for "pet projects" and exorbitant overhead salaries; and third, that Jewish organizations' ongoing distortion of facts and emotional manipulation foments anti-Semitism. While his arguments are convincing, his attempt to be provocative leads to carelessness. His claim that the "Holocaust may turn out to be the greatest theft in the history of mankind" is preposterous, especially considering the history of imperialism. And yes, the "Holocaust industry" probably engenders some anti-Semitism; but Finkelstein should also clearly state that any misbehavior by Jewish organizations does not, and never can, provide an excuse for it.

Finkelstein does not spend all of his ire on his critique of Jewish organizations; he forcefully condemns US double standards as well. Why, for example, was a Holocaust museum built on the Washington Mall while there is no similarly high-profile museum commemorating crimes that took place in the course of American history? "Imagine," he says, "the wailing accusation of hypocrisy here were Germany to build a national museum in Berlin to commemorate not the Nazi genocide but American slavery or the extermination of Native Americans." Along the same line, the United States pressures Germany to pay compensation for its use of slave labor, but few in government dare mention compensation for African-Americans. Swiss banks are asked to pay back money taken from Jews but are allowed to continue profiting from the billions of dollars deposited by tyrants like Mobutu and Suharto at the expense of indigenous populations.

Informing Finkelstein's analysis is a universal ethics, which echoes Arendt's important claim that Eichmann should have been sentenced for his crimes against humanity rather than his crimes against the Jews. His book is controversial not entirely because of his mistakes or his piercing rhetoric but because he speaks truth to power. He, and not the Jewish organizations he criticizes, is following the example set by the great Jewish prophets.

Book

Impeachment trials have notably lacked drama or even importance. Often, they have been an anticlimax to the convulsive events that precipitated them. Andrew Johnson's trial extended over several months and was a tepid sideshow to the profound political and legal struggles that marked Reconstruction. The British Parliament considered Warren Hastings's fate sporadically for eight years after he was impeached for his mismanagement of India policies, a subject heatedly debated for decades. The constitutional stakes sometimes appear high, but impeachment is essentially a quasi-legal extension of politics.

The impeachment and trial of William Jefferson Clinton followed form. Here was a proceeding whose remarkable moments seem in retrospect to be Robert Byrd's bombastic oratory, Arlen Specter's idiosyncratic attempt to import Scottish law by rendering a verdict of "Not Proven," Henry Hyde's ongoing fits of pique toward the Senate and misguided media speculations about "concessions" and "compromise" after one of the House managers of the proceeding, Lindsey Graham, lightened up and said "reasonable people can disagree." Most senators even followed a script for their questions, asking ones planted by the lawyers or the leadership. The affair had all the spontaneity of a Pointillist painting.

Jeffrey Toobin's A Vast Conspiracy and Joe Conason and Gene Lyons's The Hunting of the President treat impeachment briefly as a mere coda to earlier stories of alleged presidential wrongdoing. Both books recognize that the interesting and important political story centered on the assault against Clinton, which had gathered momentum after his election in 1992. That story was unscripted and owed more to accident and inadvertence than to design. The President and his wife were accused, among other things, of crooked land deals, suspected insider commodity trading, drug-running and complicity in the murder of a presidential-assistant-cum-alleged-paramour, Vincent Foster. Finally, we had the National Dirty Joke. The Toobin and Conason/Lyons books essentially tell the same story, and tell it rather well.

Peter Baker, a Washington Post reporter, set out to write "an authoritative and straightforward history" of the impeachment and trial. This subject pales by contrast to the earlier story, for it has little drama, mystery or subtlety. Baker is apparently determined to give us everything he accumulated in his reporter's notebook. His details are numbing; we have an abundance of trivia, rumor and anecdote, leaving him (and us) short on analysis and insight. But publishing publicity departments love this stuff. Press releases for the book emphasize the President's request to attorney David Kendall to tell Hillary that "something had obviously gone on" between her husband and Monica Lewinsky. It was the "longest walk" of Kendall's life, but he "laid the foundation" for Clinton to tell his wife. Certainly Clinton's modus operandi was nothing new or startling.

Typically, such books rest upon the usual unnamed sources. "I wish I could name them all," Baker writes. But it is not difficult to dope out his sources, and their obvious, self-fulfilling purposes. Representative Asa Hutchinson, one of the House managers, talked with Baker at length. Baker apparently found him the most interesting of the prosecutors (Hutchinson could mute his sanctimoniousness and stick to the legal issues), or at least the one most willing to speak. Baker can tell you at length what Hutchinson was thinking and what motivated him. Needless to say, Hutchinson comes off better than his colleagues.

Baker seems to have chronicled the recollections of every participant and weighted them equally. We hear about the origins of Joe Lieberman's famous speech, from its inception on the laptop to the incremental additions made before delivery. We are reminded of that very forgettable, very carefully planted rumor that Bob Woodward would report a second Clinton affair, with another intern. Remember Larry King panting over that one?

We learn that Senator Strom Thurmond flirted like a silly old man with the President's female lawyers. Baker finds a few themes and uses them repeatedly. Thus, the Democrats would consistently expose Republican partisanship and "win by losing." Then we had the "don't irritate Byrd" strategy, meaning that the Democrats decided to pander to their silly old man.

Baker even reveals how Washington really works. At one point, Representative Robert Livingston, on the verge of gaining the speakership, apparently decided to scuttle the case, but his chief aide--an unsung Beltway hero--persuaded him that Tom DeLay's secret room of evidence would prove the President was a rapist. "So what you're saying," Livingston said to the aide, "is we have to impeach the bastard?" Comes the breathless answer from the aide, eager to be immortalized: "Yes, I'm saying we have to impeach the bastard." Finally, Baker performs a useful service by identifying Lisa Myers of NBC as a "key player." And here we thought she was a working journalist.

Baker implicitly acknowledges the widely held notion that Tom DeLay steamrollered the House impeachment process. DeLay made mincemeat out of Peter King, the New York conservative who tried to form a bloc of Republicans opposed to impeachment. Finally, despairing, King informed Clinton, "There are people in my party who just hate you." Livingston's staff described DeLay as "the godfather." He made Livingston, he threatened him and he unmade him. But Baker leaves DeLay in the shadows, with no explanation of the sources of his power or how he held the House in his sway.

David Schippers, chief investigative counsel for the impeachment inquiry, Chicago Democrat (of a sort) and Hyde's fellow Knight of the Catholic Church's Equestrian Order of the Holy Sepulcher, has given us a book as comical and over the top as himself. Remember: This is the man who called up fifteen generations of fighting Americans from their graves to judge the House Judiciary Committee's action. His ready audience, which has shot the book to near the top of the bestseller list, gets plenty of red meat. Special prosecutor Kenneth Starr's report is treated as gospel; never mind that Starr acknowledged that without Monica Lewinsky's falling into his lap, he had no other case against the President.

Schippers's thesis is simple, and in part quite right: The Senate Republicans had no intention of seriously trying the case and sold out their House counterparts. Unfortunately, he explains this with scathing denunciations of "compromise" and "bipartisanship," when in fact a significant number of Senate Republicans simply did not believe that Schippers's case amounted to high crimes and misdemeanors, or that the President deserved to be thrown out of office.

The Senate treated the House charges with disdain, often bordering on contempt, much to the managers' dismay and scorn. The senators even refused to provide partisan cover for the managers when they failed to mount a majority in favor of either of the two articles of impeachment. Senator Ted Stevens of Alaska, whose Appropriations Committee chairmanship gave him enormous clout and who is no stranger to partisan battles, offered the most revealing insight into senatorial minds. Stevens voted to acquit Clinton on the perjury charge but voted him guilty on the obstruction count--the latter a mere "courtesy" to the managers. Stevens had no illusions. The world remained a dangerous place, and he forcefully said he would not vote to remove the President if he knew his vote would be decisive to the outcome. With remarkable candor, he said that Clinton had "not brought that level of danger to the nation which...is necessary to justify such an action." Stevens correctly gauged the national mood; this trial simply was not serious.

Stevens had hinted at this from the outset, infuriating Schippers. Yet Schippers was, inadvertently, right about bipartisanship. Current wisdom has it that the Clinton trial was a bitter, partisan affair and, as such, was doomed to failure. But just as bipartisanship worked to bring down Richard Nixon a quarter-century earlier, it may well have tarred and discredited Clinton's accusers. The Senate certainly had its share of Clinton-haters. Trent Lott in 1974 had rejected impeachment as unthinkable; he had no trouble, however, applying it to Clinton. The usual suspects--Phil Gramm, Robert Bennett, Rick Santorum et al.--followed in lockstep. But Republican defections denied the impeachers any semblance of respectability and gave Clinton some measure of satisfaction.

There was no chance of removing the President once he had the support of his fellow Democrats. At that point, Republicans faced a choice: They could maintain party orthodoxy and vote for Clinton's removal, or they could freely vote to hold the bar high enough to reject his removal from office. Enough Republicans were persuaded that the President did not merit extreme sanction--and they exposed the whole affair as a meaningless, vindictive exercise.

Impeachment and removal belonged, then, to the Bob Barr set within the Republican Party. Most Republicans preferred resignation; impeachment proved to be a grasping, last-ditch effort to humiliate Clinton. Resignation would not only satisfy the hatred for him but provide payback for the Nixon affair a quarter-century earlier. When Livingston dramatically announced his own resignation (after it was publicly revealed that he'd also had an affair), he called upon the President to do the same. "Sir, you have done great damage to this nation.... I say that you have the power to terminate that damage and heal the wounds that you have created. You, sir, may resign from your post," Livingston pleaded.

Resignation had seemed a viable possibility months earlier, in the immediate wake of the Lewinsky revelations. Clinton's real moment of danger came when Democrats, many of whom dislike him, briefly flirted with the idea of abandoning him. But that effort ended for several reasons, not the least of which turned out to be polls showing public apathy or outright support for Clinton. Democrats decided to resist Republican attempts to force out the President, by resignation or later by impeachment. Even as the Senate went through the last-minute ritual of its vote, Phil Gramm said that a leader with honor "would fall on your own sword." But Gramm had (for him) a startling revelation: Richard Nixon had a sense of shame; Clinton had the hide of an elephant.

For Tom DeLay and his cohorts, who had known removal was unlikely but turned to impeachment to embarrass the President and tarnish his legacy, irony abounds. Not for the first or last time did Republicans underestimate Clinton; and not for the last time was he so blessed by his enemies. Prosperity and other Democrats proved indispensable allies.

There are no heroes in this tale, no redeeming moral or social virtue to offer in rendering American history. It is a smarmy story of petty politics, propelled by out-of-control media coverage. The constant theme is that the perpetrators remained wholly disconnected from that amorphous thing we call "the people." We are neither puritans nor prudes--probably the real subject here was infidelity, and that is a subject too many have had to contend with firsthand, or have preferred not to. In the end, the American people saved Bill Clinton--almost in spite of him.

After Andrew Johnson's impeachment trial, regret quickly took hold and impeachment was discredited for more than a century. Watergate and Nixon revived it in 1974. Now, our choices seem plain. Either impeachment will be used readily as a partisan weapon or it will become moribund once again. Neither result is healthy for the American constitutional system.

Toobin's A Vast Conspiracy and Conason and Lyons's The Hunting of the President knew the real story lay prior to impeachment.

Book

NO MIRTH IN THE BALANCE

"Al Gore distills in his single person the disrepair of liberalism in America today, and almost every unalluring feature of the Democratic Party. He did not attain this distinction by accident but by sedulous study from the cradle forward." Thus unambiguously do Nation columnist Alexander Cockburn and frequent collaborator Jeffrey St. Clair stake out the terrain in opening their brief against the Vice President. Political handbook rather than full-blown biography, it effectively paints Gore as a walking sandwich board for Democratic Leadership Council values, tapped for higher office because Bill and Hillary saw in him "a kindred soul in political philosophy, hewing to the pro-corporate, anti-union positions...which together they had founded and nurtured." From his family connections to Occidental Petroleum to his education partly under Martin Peretz (from Peretz's pulpit at Harvard, not The New Republic), Gore's background is shown with no mirth in the balance but his "propensity to boast excessively" demonstrated at every turn. The authors, wearing their hearts on their pens, chronicle Gore's role in fighting against graphic rock lyrics but for NAFTA, his boardroom brand of environmentalism, his evolution from "centrist realism" to (stretcher alert) "pragmatic progressivism." He's "never been a political Boy Scout," they write. On their honor.

Poetry

Crow light: I call it that at dawn
when one wing, then this other, bursts in flame,
catching the sun's rising. The stupid bird,
dipping his hunk of bread into the water,
doesn't know the Mississippi is my friend:
it disgorges in the gulf the frozen states I came from.
Mississippi! She was a grade school spelling word
in Detroit for me. I spelled well. Now, forty years later
I jog beside her interchange of gold and silver lustres,
always too much in love with any surface of the world.
But the crow: I know it's not the same bird
morning after morning. Still, the dipping of his beak
into this water, softening a breakfast for his gullet
demanding, like mine, daily satisfactions
lets me pretend every day's the same.
On one chunk of that bread some day up ahead
my last day is written, clear as the printing
on my birth certificate on file in Michigan.
Crows dip their bread. Daily, I run for breath,
hoping to extend my distance, even a little.
The Mississippi muddies, clears, according to the factories
up North, the local, snarled measures against its dying.
Slowly, even the river is passing from us while I run.