News and Features
It may look as if domestic politics no longer exists in the new America--the one in which there is no money for anything besides guns and prisons but we don't care because we are all bowling together against the Axis of Evil. But that's not true. As long as there is a fertilized egg somewhere in this great land of ours, there will be domestic politics. George Bush may not be able to bring about the Kingdom of Heaven on Earth for the religious right, who gave him one in four of his votes. He may even realize that a serious victory for religious conservatives--significantly restricting the legality of abortion, say--would hurt the Republican Party, because California has more people than Utah. But he is doing what he can to keep the fundamentalists happy.
It must be frustrating for him--just when we're all supposed to pretend to love our differently faithed neighbor even if we know he's bound for hell, Christians keep saying weird things. First there was Jerry Falwell's remark that God let terrorists blow up the World Trade Center because he was fed up with "the pagans, and the abortionists, and the feminists, and the gays and the lesbians...[and] the ACLU"; Falwell apologized, only to express the same thought a bit more obliquely on November 11 at a Florida church: "If the church had been awake and performing that duty"--proselytizing the ungodly--"I can tell you that we wouldn't be in the mess we're in today." God, says Falwell, "even loves the Taliban"--it's just liberals he can't stand.
And then there's Attorney General John Ashcroft, who burqaed the semi-nude statue of the Spirit of Justice because he felt upstaged by her perky breast at press conferences, and who thinks calico cats are emissaries of the devil, when everyone knows it's black cats. Ashcroft is in trouble with Arab-Americans for offering this proof of the superiority of Christianity to Islam as quoted by conservative columnist Cal Thomas on his radio show on November 9 (and belatedly denied by a Justice Department spokeswoman): "Islam is a religion in which God requires you to send your son to die for him. Christianity is a faith in which God sends his son to die for you." Not to get too wound up in theology here, but if the Christian God sent his own son to die doesn't that make him, according to Ashcroft's definition, a Muslim?
Fortunately, the fertilized egg can be rolled onstage to distract us from such knotty questions. In keeping with the strategy of rebranding antichoice as prochild, the Bush Administration plans to use the CHIP program for poor children to provide healthcare to children "from conception to age nineteen," a neat way of defining zygotes as kids. The women in whom these fine young people are temporarily ensconced will remain uninsured--perhaps they can apply for federal funds by redefining themselves as ambulances or seeing-eye dogs. After all, somebody has to get those fetuses to the doctor's office. As for the 8 million uninsured postbirth children, not to mention the 27 million uninsured adults, who told them to leave the womb?
But wait, there's more. In a highly unusual move, the Justice Department has weighed in on the side of Ohio's "partial-birth abortion" ban, which has been on ice thanks to a federal court ruling that found it did not make enough allowance for a woman's health, as required by the 2000 Supreme Court decision in Carhart v. Nebraska. The Ohio law would permit the operation only to save her life or avoid "serious risk of the substantial and irreversible impairment of a major bodily function." Gee, what about considerable risk of moderate and long-term impairment of a bodily function of only middling importance? Should the Ohio state legislature (seventy-five men, twenty-four women) decide how much damage a woman should suffer on behalf of a fetus? Shouldn't she have something to say about it?
To please fanatical antichoicer Representative Chris Smith of New Jersey, Bush is holding back $34 million from UN family planning programs. To return the favor, Congressional Republicans have revived the Child Custody Protection Act, which would bar anyone but a parent from taking a minor across state lines for an abortion. The parental-notification-and-consent laws of a pregnant teen's home state would follow her wherever she goes, like killer bees, or the Furies--and unlike any other law.
Bush is also stacking with social conservatives commissions that have nothing to do with abortion per se but raise issues of sex, gender and reproduction. The cloning commission, called the Council on Bioethics (fourteen men, four women), is headed by bioethicist Leon Kass, a former opponent of in vitro fertilization who's associated with the American Enterprise Institute. There's room around the table for antichoice columnist Charles Krauthammer; antichoice law professor Mary Ann Glendon, the Vatican's representative at the UN conference on women, in Beijing; and social theorist Francis Fukuyama, who wrote in a New York Times Op-Ed that the thirty-years-overdue introduction of the pill in Japan in 1999 spelled the downfall of the Japanese family, because now women will just run wild. But there are only four research scientists, and no advocates for patients with diseases that the cloning of stem cells might someday help cure. Similarly, the newly reconfigured AIDS commission is said to be stacked with religious conservatives and will be headed by former Representative Tom Coburn, whose claim to fame is his rejection of condoms, which sometimes fail, in favor of "monogamy," which never does.
Finally, there's the nomination of Charles Pickering for the Court of Appeals for the Fifth Circuit. Rated unqualified by the Magnolia Bar Association of Mississippi. Pickering, an ardent segregationist when it counted, opposed the ERA, has been a lifelong opponent of legal abortion and won't discuss his antichoice record in Senate hearings. The Fifth Circuit includes Texas, Louisiana and Mississippi, states where the right to abortion is already compromised by conservative legislatures; in l999 Texas tied with Michigan for most new antichoice laws enacted (seven). Traditionally the federal courts offer hope of redress for victims of state laws--in this case, some of the poorest women in the country. What are the chances that Pickering will champion their rights and their health?
My money's on the fertilized egg.
Facing the anguish of their gay son, the Hardys became accidental activists.
From 1961 to 1966, the Reverend Martin Luther King Jr. wrote an annual essay for The Nation on the state of civil rights and race relations in America. In 1965, he wrote about the power of demonstrations and "legislation written in the streets."
On Saturday, February 2, approximately 12,000 demonstrators gathered in New York City to protest the meeting of the World Economic Forum.
The movement can seize the moral high ground and win support for change.
The challenge to global capitalism is more relevant now than before September 11.
Throwing the book at people is nothing new, but in our post-9/11 world the screws are tightening. Take San Francisco, whose District Attorney is Terence "Kayo" Hallinan, a progressive fellow. Indeed, in his 2000 re-election bid Hallinan survived years of abuse in the San Francisco Chronicle for supposedly being altogether too slack a prosecutor, with poor conviction rates and kindred offenses betokening softness on crime.
Yet this is the same Hallinan who's hit two gay AIDS activists with an escalating barrage of charges, currently amounting to forty-one alleged felonies and misdemeanors, all adding up to what he has stigmatized in the local press as "terrorism." That's a trigger word these days, as Sarah Jane Olson, a k a Kathleen Soliah, recently discovered when a judge put her away for twenty years to life for actions back in the 1970s.
Held in San Francisco County Jail since last November 28 are Michael Petrelis and David Pasquarelli. Neither man has been able to make bail, which Hallinan successfully requested to be set at $500,000 for Petrelis and $600,000 for Pasquarelli.
Why this astonishing bail? What it boils down to is that the two accused are dissidents notorious for raising all kinds of inconvenient, sometimes obscene hell about AIDS issues. They've long been detested by San Francisco's AIDS establishment, which Petrelis in particular has savaged as being disfigured by overpaid executives, ineffective HIV-prevention campaigns and all-round complacency and sloth.
They've taken kooky positions. Pasquarelli, for example, believes that HIV doesn't cause AIDS. Petrelis hasn't scrupled to form alliances with right-wingers in Congress when it suits his tactical book. Being attacked by them can be an unpleasant experience. Who wants to get phoned in the middle of the night and be asked whether your wife has got your syphilitic dick in her mouth?
The two were thrown in jail because of an escalating campaign they launched late last year amid calls for an expansion of quarantining laws across the country, prompted by fears of bioterrorism. Petrelis and Pasquarelli took after an SF public health official, Jeffrey Klausner, for seeming to endorse quarantining of people with AIDS. They also assailed the media, notably the San Francisco Chronicle, for relaying what the two claimed were inflated statistics about increases in the rates of syphilis and HIV in San Francisco. The higher the stats, the more dollars flow to various AIDS bureaucracies. The Chronicle claimed tremulously that not only had its reporters been showered with filthy nocturnal calls to their homes but that there had been a bomb threat against the paper.
On the basis of what has surfaced so far, the charges and bail are way out of kilter with the facts of the case. Their severity defies logical explanation, unless we acknowledge the loathing Petrelis and Pasquarelli inspire in San Francisco's respectable element and among some well-known organizers.
Take Kate Sorensen, an AIDS activist who herself was held on $1 million bail for leading demonstrations outside the 2000 Republican convention in Philadelphia. The DA there took her to trial on three felonies, though she was only convicted of a misdemeanor. Such experiences have not evoked any solidarity with the San Francisco pair. Wrote Sorensen recently, "I will fight for our right to demonstrate. I will fight for our right to free speech. I will fight this police state, but I will not fight for you."
This self-righteous stance was elicited by an open letter of concern addressing the prosecution of Petrelis and Pasquarelli. Organized by the radical gay civil libertarian Bill Dobbs of Queer Watch, the open letter (go to www.openletteronline.com and look under "Politics & Activism," then "Petrelis-Pasquarelli") has been signed by hundreds, including many well-known gay figures like Harvey Fierstein, Scott Tucker, Barbara Smith and Judy Greenspan. The letter questions the motivation for the charges and makes the scarcely extremist demand that the two get fair legal treatment and reasonable bail.
Moderate though the terms of the letter are, it has aroused much fury from the San Francisco gay establishment, whose animus against Petrelis and Pasquarelli was what apparently prompted Hallinan to have the pair charged and arrested in the first place. On November 15 Martin Delaney of Project Inform, Mike Shriver of the mayor's office and fifteen others published a letter in the Bay Area Reporter urging people to pressure Hallinan, demanding "full prosecution of Pasquarelli, Petrelis and their collaborators."
Petrelis and Pasquarelli have a potent posse howling for their heads. "They fucked with the wrong people," said a health official quoted in the San Francisco Examiner on January 23. The "wrong people" include a broad swath of liberals and leftists in and out of government, the AIDS establishment and media figures.
Time was when a decent death threat used to be a badge of honor in the Fourth Estate. Jimmy Breslin recently recalled to Dobbs his glorious "Son of Sam" days, when violent threats were so routine at the New York Daily News that the paper's switchboard operator was wont to ask callers whether they were registering "general death threats" or "specific death threats for Mr. Breslin."
Granted, Chronicle editor Phil Bronstein is a terror survivor of "Attack by Lizard in the LA Zoo," and his wife, Sharon Stone, is the marquee celebrity for one of Petrelis's targets, the American Foundation for AIDS Research, but Bronstein should remember that Daily News phone operator and get off his high horse.
Hallinan's got a radical past and even radical pretensions. He knows as well as anyone that conspiracy charges have long been used to smash protest. And he knows as well as anyone that militant protest is at the cutting edge of social conscience. It's easy to grandstand about the foul tactics, the obscenities, the all-round vulgarity of Pasquarelli and Petrelis, but should this add up to a demand that they be thrown into prison for years? Of course it shouldn't. Judge Parker Meeks Jr. should resist the entreaties of the posse and cut the preposterous bail drastically or release them on their own recognizance. Hallinan should get his sense of perspective back, and drop the drastic charges.
Questions about Enron's links to the White House and Dick Cheney's Energy Task Force are reassuring. They mean that the nation, after the September 11 attacks, is now confident enough to focus on some of the more traditional threats to our democracy, like the corporate takeover of our political system.
Following the release of the White House energy plan last year, the Government Accounting Office (GAO) demanded the Energy Task Force's records, including any interactions with major Bush campaign donors like Enron's Ken Lay. The Vice President's office refused to release the documents, claiming that Congress was exceeding its oversight authority. One of the oil and gas men whose privacy the White House wants to protect is Cheney himself, who in 1999, as CEO of Halliburton, was a member of the Petroleum Council, an advisory group to the Energy Department. The council issued a report calling for the opening of the Arctic National Wildlife Refuge (ANWR) and of roadless areas of the West to fossil fuel exploitation, proposals incorporated into the White House plan.
The GAO was preparing to sue for the first time in its eighty-year history when the terrorists struck. It then put its suit on hold so it could focus on "homeland security" and let the White House do the same. With the collapse of Enron and the beginning of Congressional hearings on the largest bankruptcy in US history, that holding pattern appears to be ending.
Still, even as environmental groups backed away from criticizing the President after September 11, the White House continued to push its "free market" environmental agenda. This past October, Interior Secretary Gale Norton had to explain why she'd altered scientific data, in a letter to the Senate, to make it appear that oil operations in the Arctic would not harm hundreds of thousands of migratory caribou, when in fact her own Fish and Wildlife Service (FWS) had provided her with data suggesting it would. "We did make a mistake. We will take steps to clarify and correct that," she told reporters in explaining one of the many discrepancies in her letter.
Norton has also concluded that drilling in the Arctic won't violate an international treaty that protects polar bears. The FWS, which has twice issued reports stating that drilling poses a threat to the bears, was directed to "correct these inconsistencies" with Norton's position. Polar bears can live with oil drilling, the FWS now tells us. They'll just look more like panda bears.
Ten years after President Bush Sr. pledged "no net loss of wetlands," George W. has signed off on an Army Corps of Engineers proposal that will make it easier for developers and mining companies to dredge and fill America's vital wetlands through a "general permitting" process that is rarely if ever challenged. Again, Norton failed to forward comments from her FWS to the corps, even though the FWS had written that the proposed policy change would result in "tremendous destruction of aquatic and terrestrial habitat."
Among the beneficiaries of the new engineer corps rules will be mining companies involved in "mountaintop removal" in Appalachia. J. Steven Griles, Norton's deputy, was a longtime mining lobbyist, and Norton herself lobbied for the lead industry.
Over at the EPA Christie Whitman won greenie points when she ordered GE to begin dredging PCBs out of the Hudson River. At the same time, the EPA has begun moving top career people (from the office of wetlands, enforcement, etc.) around the agency in a strange reorganization no one quite understands. "Are they purposely designing this to hamstring EPA for the next twenty years?" wonders a career employee who also complains that enforcement actions (as opposed to industry-friendly out-of-court settlements) are down significantly in the past year.
Under White House and lobbyist pressure, the EPA is also getting ready to relax clean air standards (that, as governor of New Jersey, Whitman supported) requiring old coal-fired power plants to shut down or significantly reduce gaseous emissions that contribute to acid rain and other forms of pollution.
Even Energy Secretary Spencer Abraham's recent Detroit auto show announcement that the government will work with the auto industry to develop pollution-free hydrogen-fuel-cell cars got mixed reactions. That's because he used the announcement to abandon a program aimed at improving existing auto fuel-efficiency standards. As usual, most of these environmental policy decisions are rife with corporate conflicts of interest, but conflicts that in recent months have gotten even less media attention than they normally would.
In her public appearances Whitman now emphasizes the need to protect America's water supply from terrorists (if not arsenic). Norton has been pushing the argument that drilling in ANWR can provide as much oil as we import from Iraq in eighty years (or the oily equivalent of sixteen years of Cheney's diet), and President Bush insists that Arctic drilling will make us "more secure at home." If nothing else, America's new "war on terrorism" is helping the Bush White House in its old war on the environment.
The Supreme Court has made a decision that is wrongheaded, and wrong.