News and Features
When George W. Bush spokesman James A. Baker III termed the fight
over the Florida vote recount "a black mark on our democracy," he
couldn't have been more wrong. At the time he said it on Sunday, Bush was
ahead in Florida by a mere 288 votes, and of course the full recount,
required by Florida law, is in order, as a federal judge ruled Monday.
Anyway, since when is political tumult and democracy a bad mix? Never
in our recent history has the vitality of our democracy been on such
splendid display, and it's disheartening that there are so many
frightened politicians and pundits panicked by this whiff of controversy.
What's wrong with a bit of electoral chaos and rancor? The
post-electoral debate over a rare photo finish is just the stuff that
made this country great. People should be outraged if their votes were
improperly counted--the founding fathers fought duels over less.
We have lectured the world about the importance of fair elections, and
we cannot get away with hiding the imperfections of our own system. Not
so imperfect as to require international observers for a full-scale
investigation under UN supervision, yet controversial enough to fully
engage the public. An election that once threatened to be boring beyond
belief has turned into a cliffhanger that is now more interesting than
reality-based TV entertainment. Indeed, it is reality-based TV
Never since John F. Kennedy eked out a suspicious victory over Richard
M. Nixon in 1960 has the proverbial man-in-the-street been so caught up
on the nuances of the electoral process. People who didn't even realize
we had an electoral college are now experts on it. But instead of
celebrating an election that people are finally excited about, driving
home the lesson for this and future generations that every vote counts,
the pundits are beside themselves with despair.
What hypocrites. They love every moment of increased media exposure
for themselves, while darkly warning of the danger to our system. Their
fears are nonsense. What is being demonstrated is that the system works:
Recounts, court challenges, partisan differences are a healthy response
to an election too close to call.
The fear-mongers hold out two depressing scenarios, one being that the
people will lose faith in the electoral process, and the other that
whoever wins the election will be weakened for lack of a mandate.
As to the former, the electoral process has never seemed more vital;
some who voted for Ralph Nader may be second-guessing their choices, and
states such as Florida and Oregon with primitive voting systems will no
doubt come into the modern age, but apathy has been routed, and next time
around, the presidential vote count will be the highest ever.
True, the candidate who finally wins will be weakened. He should be.
An election this close hardly provides the winner with a compelling
mandate, particularly if it is Bush, who may win the electoral college
majority while Al Gore is declared the winner of the popular vote. If
that turns out to be the case, Bush ought to tread with caution.
Compromise is good when not only the President is without a mandate
but so, too, the House and the Senate because of their razor-thin
outcomes. The country has come through eight incredibly prosperous and
relatively peaceful years, so why the rush to march down some new
uncharted course? Later for privatizing Social Security, a huge tax cut
for the super-rich and a $160-billion missile defense system--three mad
components of the core Republican program.
As for the Democrats, with or without Gore as President, it will be
the season for nothing more ambitious than damage control. With Gore, the
main weapon of reason would not be bold new programs that Congress would
ignore, but rather the threat of a veto to stop Republican mischief.
Without Gore, the responsibility will fall on the Democratic minority in
both branches of Congress to engage in a principled holding action
preparing for a congressional majority in 2002.
Odds are that Bush will be the President presiding over a nation that,
by a clear margin in the popular vote, rejected him for Gore. If Bush
wins the office, his challenge will be to prove that the moderate face he
presented during the election is truly his. If it isn't, and he attempts
to be a hero to the right wing of his party, he will wreck the GOP.
Clearly, future political power resides with the vibrant big cities and
modern suburbs, the sophisticated hot spots of the new economy, which
went for Gore, and not the backwater rural outposts that turned out to be
Bush country largely because men remain obsessed with their guns.
Providence put me on a panel debating the Gore/Nader choice with Cornel West at New York University in late October. Most of the audience was for Nader, and the lineup on stage did nothing to improve those odds.
Before the debate began, its organizers took a few moments to speak on behalf of the university's graduate students' struggle for unionization. So did West, who had been handed a flier about it from the floor. And as a man about to lose a debate (and a longtime grad student as well as an occasional NYU adjunct faculty member), I was happy for the interruption. Days later, the National Labor Relations Board set an important precedent by ruling in favor of the students. But here's what I don't understand. How can the student union supporters also be Nader supporters? Nonsensical "Tweedledee/Tweedledum" assertions to the contrary, only one party appoints people to the NLRB who approve of graduate student unions, and only one appoints people to the Supreme Court who approve of such NLRB decisions. No Democrat in the White House, no graduate student union; it's that simple. An honest Nader campaign slogan might have read, "Vote your conscience and lose your union...or your reproductive freedom...your wildlife refuge, etc., etc."
Well, Nader's support collapsed, but not far or fast enough. In the future, it will be difficult to heal the rift that Nader's costly war on even the most progressive Democrats has opened. Speaking to In These Times's David Moberg, Nader promised, "After November, we're going to go after the Congress in a very detailed way, district by district. If [Democratic candidates] are winning 51 to 49 percent, we're going to go in and beat them with Green votes. They've got to lose people, whether they're good or bad." It's hard to imagine what kind of deal can be done with a man whose angriest rhetorical assaults appear reserved for his natural allies. (The vituperative attacks on Nader, leveled by many of my friends and cronies on the prolabor democratic left, were almost as counterproductive, however morally justified.) But a deal will have to be done. Nader may have polled a pathetic 2 to 3 percent nationally, but he still affected the race enough to tip some important balances in favor of Bush and the Republicans. He not only amassed crucial margins in Florida, New Hampshire and Oregon; he forced progressive Democrats like Tom Hayden, Paul Wellstone, Ted Kennedy and the two Jesse Jacksons to focus on rear-guard action during the final days rather than voter turnout. If this pattern repeats itself in future elections, Naderite progressives will become very big fish in a very tiny pond indeed.
Perhaps a serious Feingold or Wellstone run at the nomination with a stronger platform on globalization issues will convince those die-hard Naderites to join in the difficult business of building a more rational, Christian Coalition-like bloc to counter corporate power within the party. For now, we can expect an ugly period of payback in Washington in which Nader's valuable network of organizations will likely be the first to pay. Democrats will no longer return his calls. Funders will tell him to take a hike. Sadly, his life's work will be a victim of the infantile left-wing disorder Nader developed in his quixotic quest to elect a reactionary Republican to the American presidency.
* * *
Giving Nader a run for his money in the election hall of shame are the mainstream media. Media portraits of both candidates were etched in stone, with nary a fact or figure allowed to intrude upon the well-worn script. Bush was dumb and Gore a liar; pretty much nothing else was allowed in the grand narrative. Like Nader, reporters assumed the enormous policy differences between Gore and Bush--on Social Security, prescription drugs, education, affirmative action, abortion rights, the environment--to be of trivial importance, hardly worth the time and effort to explain or investigate. The media's treatment of this election as a popularity contest rather than a political one between two governing ideologies was an implicit endorsement of the Bush campaign strategy, as the issues favored Gore. But even so, Bush was usually treated like some pet media cause. With regard to such consequential questions as his political program, his political experience, his arrest record, his military service, his business ethics, Bush was given a free pass by media that continued to hound Gore about whether he was really the model for Oliver in Love Story--which, by the way, he was. I guess being a Bigfoot journalist means never having to say you're sorry.
* * *
One election development that had to gladden New Republic owner Marty Peretz's heart was how bad it was for the Arabs. I got a call one day from a Republican Party functionary telling me that Hillary Clinton supported a Palestinian state and took money from groups that supported terrorist organizations "like the one that just blew up the USS Cole." I told the sorry sonofabitch that like Israel's Prime Minister, I, too, support a Palestinian state. And, if there was any justice in the world, Hillary's "terrorist" friends would blow up Republican headquarters while we were still on the phone, so I could enjoy hearing the explosion.
This heavy-handed bit of racist manipulation grew out of a story published, surprisingly, not in Rupert Murdoch's New York Post but in the putatively responsible and nominally liberal New York Daily News, owned by Mortimer Zuckerman. It was inspired by the machinations of one Steven Emerson, a discredited "terrorism expert" last heard trying to pin the Oklahoma City bombing on the Arabs by noting that "inflict[ing] as many casualties as possible...is a Middle Eastern trait." Each actor played a dishonorable role in the tawdry drama: The Daily News invented the story. The Lazio campaign brazenly exploited it. Hillary Clinton's campaign capitulated to it. Together with the media coverage of the main event, this mini-drama will go down in history as further evidence of that unhappy nostrum of American politics that this year seems to have escaped everyone from the Nader die-hards to Palestinian militants: Things can always get worse.
So it all came out right in the end: gridlock on the Hill and Nader blamed for sabotaging Al Gore.
First a word about gridlock. We like it. No bold initiatives, like privatizing Social Security or shoving through vouchers. No ultra-right-wingers making it onto the Supreme Court. Ah, you protest, but what about the bold plans that a Democratic-controlled Congress and Gore would have pushed through? Relax. There were no such plans. These days gridlock is the best we can hope for.
Now for blaming Nader. Fine by me if all that people look at are those 97,000 Green votes for Ralph in Florida. That's good news in itself. Who would have thought the Sunshine State had that many progressives in it, with steel in their spine and the spunk to throw Eric Alterman's columns into the trash can?
And they had plenty of reason to dump Gore. What were the big issues for Greens in Florida? The Everglades. Back in 1993 the hope was that Clinton/Gore would push through a cleanup bill to prevent toxic runoff from the sugar plantations south of Lake Okeechobee from destroying the swamp that covers much of south-central Florida. Such hopes foundered on a "win-win" solution brokered by sugar barons and the real estate industry.
Another issue sent some of those 97,000 defiantly voting for Nader: the Homestead Air Force Base, which sits between Biscayne National Park and the Everglades. The old Air Force base had been scheduled for shutdown, but then Cuban-American real estate interests concocted a scheme to turn the base into a commercial airport. Despite repeated pleas from biologists inside the Interior Department as well as from Florida's Greens, Gore refused to intervene, cowed by the Canosa family, which represented the big money behind the airport's boosters. Just to make sure there would be no significant Green defections back to the Democratic standard, Joe Lieberman made a last-minute pilgrimage to the grave of Jorge Mas Canosa.
You want another reason for the Nader voter in Florida? Try the death penalty, which Gore stridently supported in that final debate. Florida runs third, after Texas and Virginia, as a killing machine, and for many progressives there it is an issue of principle. Incidentally, about half a million ex-felons, having served sentence and probation, are permanently disfranchised in Florida. Tough-on-crime drug-war zealot Gore probably lost crucial votes there.
Other reasons many Greens nationally refused to knuckle under and sneak back to the Gore column? You want an explanation of why Gore lost Ohio by four points and New Hampshire by one? Try the WTI hazardous-waste incinerator (world's largest) in East Liverpool, Ohio. Gore promised voters in 1992 that a Democratic administration would kill it. It was a double lie. First, Carol Browner's EPA almost immediately gave the incinerator a permit. When confronted on his broken pledge, Gore said the decision had been pre-empted by the outgoing Bush crowd. This too was a lie, as voters in Ohio discovered a week before Election 2000. William Reilly, Bush's EPA chief, finally testified this fall that Gore's environmental aide Katie McGinty told him in the 1992 transition period that "it was the wishes of the new incoming administration to get the trial-burn permit granted.... The Vice President-elect would be grateful if I simply made that decision before leaving office."
Don't think this was a picayune issue with no larger consequences. Citizens of East Liverpool, notably Terri Swearingen, have been campaigning across the country on this scandal for years, haunting Gore. So too, to its credit, has Greenpeace. They were active in the Northeast in the primaries. You can certainly argue that the last-minute disclosure of Gore's WTI lies prompted enough Greens to stay firm and cost him New Hampshire, a state that, with Oregon, would have given Gore the necessary 270 votes.
And why didn't Gore easily sweep Oregon? A good chunk of the people on the streets of Seattle last November come from Oregon. They care about NAFTA, the WTO and the ancient forests that Gore has been pledging to save since 1992. The spotted owl is now scheduled to go extinct on the Olympic Peninsula within the next decade. Another huge environmental issue in Oregon has been the fate of the salmon runs, wrecked by the Snake River dams. Gore thought he'd finessed that one by pretending that, unlike Bush, he would leave the decision to the scientists. Then, a week before the election, his scientists released a report saying they thought the salmon could be saved without breaching the four dams. Nader got 5 percent in Oregon, an amazing result given the carpet-bombing by flacks for Gore like Gloria Steinem.
Yes, Nader didn't break 5 percent nationally, but he should feel great, and so should the Greens who voted for him. Their message to the Democrats is clear. Address our issues, or you'll pay the same penalty next time around. Nader should draw up a short list of nonnegotiable Green issues and nail it to the doors of the Democratic National Committee.
By all means credit Nader, but of course Gore has only himself to blame. He's a product of the Democratic Leadership Council, whose pro-business stance was designed to regain the South for the Democrats. Look at the map. Bush swept the entire South, with the possible exception of Florida. Gore's electoral votes came from the two coasts and the old industrial Midwest. The states Gore did win mostly came courtesy of labor and blacks.
Take Tennessee, where voters know Gore best. He would have won the election if he'd carried his home state. Gore is good with liberals earning $100,000-$200,000. He can barely talk to rural people, and he made another fatal somersault, reversing his position on handguns after telling Tennessee voters for years that he was solid on the gun issue. Guns were a big factor in Ohio and West Virginia, too. You can't blame Nader for that, but it's OK with us if you do. As for Nader holding the country to ransom, what's wrong with a hostage-taker with a national backing of 2.7 million people? The election came alive because of Nader. Let's hope he and the Greens keep it up through the next four years. Not one vote for Nader, Mr. Alterman? He got them where it counted, and now the Democrats are going to have to deal with it.
The razor-thin margin that defined the presidential race is sure to stir controversy around the Ralph Nader vote. Those wishing to blame Nader for Gore's troubles and those Greens wishing to take credit for giving the Democratic candidate a political "cold shower" will focus on Florida. Nader's 97,000 votes in that state came to less than 2 percent of the statewide total, but with barely 1,000 Florida votes deciding the national election, they are sure to be dissected and scrutinized. Ironically, only in the final days of the campaign did Nader decide to return to Florida and ask for votes. A last-minute debate inside his campaign weighed the possibilities of focusing efforts in the swing states like Florida or in Democrat-rich states like New York and California, where "strategic voters" could vote Green without concern about affecting Gore's final tallies. Nader eventually decided he would get more media coverage by targeting places like Florida.
On the national level, Nader fell considerably short of his goal of achieving a 5 percent national vote that would have qualified the Green Party for millions in federal matching funds in 2004. When the votes were counted, Nader had pocketed 3 percent, or around 2.7 million votes--almost four times more than his "uncampaign" garnered in 1996. Relentless pressure on potential Nader voters by liberal Democrats to switch to Gore clearly had an effect on the Green campaign, helping tamp down the final vote to almost half the level at which Nader had finally been polling.
No question but that this result is far from the best scenario for those who hoped that Nader's run this year would hand the Greens substantial future leverage. Given the failure to establish a federally funded national Green Party in the balloting, however, that future clout will depend mostly on Nader's ability and willingness to take his list of 75,000 campaign contributors (as well as countless volunteers and voters) and hone it into an identifiable political entity. That task could be rendered even more problematic by those who will blame Nader for a Gore defeat.
That said, various state Green parties will emerge from this week strengthened and positioned to make a difference in scores of Congressional and legislative districts. In some progressive-minded counties--like Humboldt and Mendocino in Northern California--the Nader vote grazed 13 to14 percent. In many others the Greens scored 5 to 10 percent, making them a potential swing vote in further local elections. In this election, nationwide, some 238 Greens ran for municipal office, and fifteen were victorious.
In what had been considered virtual "Naderhoods"--several northern-tier states where the Greens had significant pockets of strength--the candidate's vote was less than spectacular. In Wisconsin, Washington and Oregon Nader finished with only 4 or 5 percent. Just six weeks ago, he was approaching 10 percent in Oregon. The Greens scored 5 percent in Minnesota--a figure they had been polling for some time--and they hit 6 percent in Montana, Maine, Massachusetts, Rhode Island and Hawaii. The Green high-water marks were in Vermont (7 percent) and Alaska (10 percent--down from 17 percent in some earlier polls).
In the Democratic strongholds of New York and California, where Al Gore won by huge margins and where a ballot for Nader was considered "safe" by those who called for strategic voting, the Greens ended up with a relatively disappointing 4 percent--the same number reached in New Mexico, where Greens have competed statewide for more than five years.
Predictions that the Greens would spoil Gore's chances failed to materialize. Washington, Minnesota, New Mexico, Michigan and Wisconsin--states where Democrats argued that Nader could swing the vote to the GOP--were all won by Al Gore. Even in Oregon, Nader's impact on the major party race was arguably negligible. At press time, Gore was losing the state by about 25,000 votes and Nader's total was 5 percent, or just over 50,000. But whether a sufficient number of the Nader votes would have gone to Gore is open to question. A national USA Today/CNN/Gallup Tracking poll a few days before the election found that only 43 percent of likely Nader voters would vote for Gore as their second choice. Twenty-one percent said they would vote for Bush second. And an equal number said they would vote for Nader or not at all.
Afew days before the election, I accompanied a friend to the dentist's office. It was one of those situations in which appearance takes over more complex realities of who we are. I was a middle-aged black woman assisting an elderly white man. That he's a wild old radical who browbeats the mad law professor in me with Russian ideologues and German philosophers probably wasn't what most people saw as we toddled down the street arm in arm on cane. In the vast warren of the medical center, we become even more invisible in a waiting room filled with physically fragile patients, many of whom had been brought there by female caretakers of color.
Perhaps because of some such condescension, we became privy to a loud conversation floating out the not-quite-closed door of the office next to which we were sitting. One of the doctors was chatting with a patient, expressing his general pique at the world in familiar, often contradictory clichés. He was upset at the loss of standards in schools. He pitted merit against equality and paired merit with white, Jewish and Asian students. He insisted that "we are not all equal" and concluded that affirmative action was inherently immoral. A few minutes later he blamed white liberals for abandoning standards and praised as standard-bearers those blacks who support vouchers. "The problem is" minorities who teach their children to hate white people. He said that "blacks are out of control" and that black leaders "are not taking responsibility." He cited Al Sharpton, Marion Barry and Louis Farrakhan as typical black leaders, and he rattled on against substance abuse in the inner cities and guns in the hands of young blacks who will never make it into the middle class, because they don't study and don't have good table manners.
"Bite down," he said as he finished with a paean of support for "zero tolerance" policies, standardized testing and George W. Bush.
George W. Bush! I shook my head wonderingly. If only he were black. It's one of those things we black people think about a lot: If only this or that one were black. Can you imagine, we tell each other.
Just think where a black man who spent more than half his adult life as a substance abuser would be--a black man who had a conviction for drunk driving and a notoriously bad attitude. Is it too obvious to point out that George Bush and Dick Cheney--who has two convictions for drunk driving--share a certain equality of status with Marion Barry?
Just think where a sneering black frat brother who committed gross grammatical butcheries and called Greeks Grecians would be. What fun Abigail Thernstrom could have questioning why unqualified upper-class whiners like that should be admitted to "first tier" universities like Yale and Harvard. (I guess we're supposed to feel better that Cheney flunked out of Yale on his own merits.)
Just think of where a black businessman with a "winning" personality but a losing financial record would be when he showed up to buy that team franchise. Assuming he could get a job way down in the corporate food chain, you can bet they wouldn't let him anywhere near the cash register.
Imagine a black politician who was so loudmouthed that his own family called him "bombastic," who proffered opinions about nations whose names he hadn't bothered to learn or badly mispronounced and who created an international incident by falsely accusing the Russian Prime Minister of stealing from the IMF. If you're thinking Al Sharpton, think again.
Imagine a black leader who began his campaign for office at a university that historically advocated racial separatism as God's law and that published materials describing Judaism as heretical and Catholicism as a "cult." I do wonder how it is that George W. can wander through so much of Louis Farrakhan's metaphysical territory and still come out looking like someone whose morals so many Americans say they can look up to.
I do not draw such analogies simply to relativize. The more important point, I think, is one related to what I sometimes call innocence profiling. If George W. Bush were black, he would be a classic suspect profile. If he were Driving While Black, there are people who would have forgiven police if they had decided to shoot at his drunkenly weaving car on that dark Maine highway (as New Jersey troopers shot at that van full of perfectly sober, cooperative college students). If he had been black, we might have heard Mayor Rudolph Giuliani describing him as "no altar boy" (as he described Patrick Dorismond, a security guard "accidentally" shot and killed by the NYPD).
But of course, George W. Bush is not black, and thus it is, perhaps, that the New York Times instead ran an article describing him as having tamed his "inner scamp" and entered "midlife redemption"--even as the article goes on to describe the supposedly redeemed man-who-would-be-Commander-in-Chief as having behaved so insultingly and inappropriately toward Queen Elizabeth at a state dinner in 1991--five years after he says he gave up alcohol--that a horrified Barbara Bush promised the Queen to seat him far away from Her Majesty, "for fear of him saying something."
The lesson of equality is, at its heart, related to the question of double standards: There are still too many examples in American society of the degree to which we have zero tolerance for disreputable black behavior and seemingly unlimited indulgence when whites behave the very same way.
Anyway, back at the medical center, the dentist's door flew open. "Next!" called out the doctor.
"Now set the teeth...," growled my dear old friend and lefty warrior as he marched into the office to face needles, drills...and more. "It won't be so bad," smiled the dentist unsuspectingly.
But my friend had been quoting Shakespeare's Henry V. "Teach them how to war..." he went on and winked at me. The door shut softly behind them.
The lesson of election 2000, no matter the final photo-finish
outcome, is that, for better or worse, the Democratic Party is the only
political home for those with a progressive agenda. That was recognized
by the overwhelming support for Al Gore among union workers, racial
minorities, lower-income people and voters who want government to be an
active agent in preserving the environment, empowering minorities and
women, protecting personal freedom and guaranteeing, as Hillary Rodham
Clinton promised throughout her campaign, that no child is left behind in
this prosperous nation.
It is elitist in the extreme for Ralph Nader to scorn the judgment of
those who make up the core constituency of the Democratic Party: labor,
women's rights activists, minorities, civil libertarians, gays,
environmentalists. What contempt he showed for his longtime allies, going
into Florida on the last day of the campaign to denounce Gore in terms
harsher than those he used for George W. Bush. Nader's nearly 100,000
Florida votes likely has cost Democrats the White House and with it the
veto power President Clinton has used to protect the very people that
Nader was bamboozling.
Does Nader really believe that Bush, if he prevails, would push for a
minimum-wage increase, earned income tax credit, affirmative action, food
stamps, Head Start or child care--programs that represent the margin of
survival for so many? Will Nader, now back in his role as consumer
lobbyist, not be begging Democratic stalwarts Ted Kennedy, Hillary
Clinton and California's Rep. Henry Waxman to hold the line on a
Republican Congress as it betrays patients to the big health care
If Bush has the White House, will Nader not look primarily to a hardy
band of Democrats to save the environment? Easy to deride the Democratic
politicians who, yes, do depend on fund-raising to survive. But can Nader
deny that it was Rep. Phil Burton, the late Democratic political boss
from San Francisco, who did more than anyone to save the redwoods and to
convince urban people of their stake in preserving the rural environment?
Burton was only one of many liberals who have fought the good fight that
If I sound angry it's in part with myself for having at times in the
past fallen for the siren song of what appears to be a purist politics
but ends up being mischievous when it's not downright destructive.
What Nader did was to impulsively betray a lifetime of painstaking,
frustrating, but most often effective, efforts on his part to make a
better world. He is a good man who went very wrong and who now seems to
find solace from his egregious error of judgment by getting drunk on his
own words. The day after the election wreckage he had helped to cause, he
was more arrogant than ever in his condemnation of the Democratic Party
as evil incarnate.
It is nothing of the sort. The Democratic Party, for all of its
contradictions and shortcomings, is the essential arena for progressives
to fight for their programs, just as the Republican Party provides that
venue for the Christian Coalition, which rudely rejected Pat Buchanan and
kept its troops in the GOP.
Nader should have done the same. Following the lead of the enormously
successful Jesse Jackson campaigns, he should have run in the Democratic
primaries, shaping the party from within. Jackson recognizes what Nader
willfully ignores: We have had party realignment. The white "Dixiecrats"
of the South are now all in the Republican Party, leaving the Southern
Democrats in Congress disproportionately black.
But it is not just African Americans who need the Democratic Party to
fight for their interests. It is also true of Latinos and new immigrants
who have found the Democrats to be their main ally in campaigns for
amnesty and in waging legal battles against anti-immigrant legislation,
such as California's Proposition 187.
Women of all races and classes also vote disproportionately for the
Democratic Party because it's committed both to a women's control over
her own body and to a level playing field in the job market. Perhaps the
most significant group making its home in the Democratic Party is
organized labor, which under the inspired leadership of the AFL-CIO's
John Sweeney has finally reemerged to take on Nader's nemesis: the titans
of the corporate world. Gore won the popular vote and the key
battleground states in the North largely because of the grassroots
organizing of labor.
By sticking with the Democratic Party, most of the people Nader has
devoted his life to helping proved smarter than he was in the crunch.
They dared not risk losing hard-fought gains to follow Nader into the
quicksand of a third party. It is time for Nader to stop playing the Pied
Piper and come home.
At the close of its session, Congress considered two bills addressing classified information. One had been pending for more than a year, had more than a hundred co-sponsors, was the subject of two lengthy hearings and received virtually unanimous approval in amended form from the House Judiciary Committee. The other was quietly attached to an intelligence authorization bill and was never the subject of public hearings. But secrecy has a way of trumping democracy, and the latter, which one member of Congress accurately termed an "official secrets act," passed, while the former, which would have restricted government reliance on classified evidence in immigration proceedings, died on the floor. At press time it was unclear whether Clinton would sign or veto the secrecy bill.
The Intelligence Authorization Act would make it a felony for government officials to disclose any "properly classified" information. That is eminently reasonable. By law, information may be classified only if its release would threaten national security, and officials with security clearances should not be allowed to abuse that authority by releasing information that imperils the nation.
But in practice, information is often classified that has no real potential for undermining national security, as is routinely demonstrated when leaks are made public without the sky falling. Because the entire process is secret, there is no effective check on classification decisions. The Clinton Administration--which has actually been more sensitive to the problem of overclassification than many of its predecessors--created more than 8 million new secrets in 1999 alone. And once a secret is classified, it is often decades before it is declassified, if ever.
Examples abound of improperly classified information. The most notorious is the Pentagon Papers. Erwin Griswold, Solicitor General under President Nixon, who argued the Pentagon Papers case for the government, later admitted that he had not "seen any trace of a threat to the national security" from their publication. His extensive experience with classified information taught him that "there is massive overclassification and that the principal concern of the classifiers is not with national security, but rather with governmental embarrassment of one sort or another."
The new criminal penalties will only exacerbate the problem. Under prior law, government officials could lose their security clearances and jobs for disclosing classified material, but Congress had always reserved criminal penalties for leaks of the most sensitive sort--national defense information, the names of spies and the like. The new law makes it a crime to disclose the most mundane classified information, thereby greatly increasing the incentives to classify for the wrong reasons, since the criminal sanction will silence potential whistleblowers.
The bill that did not pass, the Secret Evidence Repeal Act, would simply have required immigration officials to meet the same standards of fairness in using classified information in immigration proceedings that government officials must satisfy in criminal cases. Under current practice, immigration officials assert the authority to lock up and deport immigrants on the basis of classified evidence, presented behind closed doors to an immigration judge, without any disclosure to the immigrant or his lawyers. The Secret Evidence Repeal Act would have required the government to disclose a summary of the evidence, which would provide the immigrant with "substantially the same ability to make his defense" as would the classified evidence itself.
Here, too, one of the principal problems is overclassification. FBI officials routinely classify all information gathered during a "counterterrorism" investigation, including even routine newspaper clippings. When the FBI fails to come up with evidence to support a criminal charge, it often asks the INS to seek deportation, turning over the classified results of its counterterrorism investigation. The INS then presents that evidence behind closed doors in immigration proceedings. When the government's actions are vigorously challenged, however, it virtually always finds itself able to disclose much of the evidence. And in many of those cases, what is disclosed is far more often simply embarrassing to the government than related to national security.
Secrecy is anathema to the adversarial process and a healthy democracy. In courtrooms it thwarts the search for truth. And in the public arena secrecy allows government officials to avoid public scrutiny. In both areas secrecy often leads to sloppy thinking and disastrous results. At the same time, secrecy breeds skepticism and paranoia among government critics. As Lord Acton said, "Everything secret degenerates, even the administration of justice; nothing is safe that does not show how it can bear discussion and publicity."
Ralph really ran. Against the record of his own faux campaign of 1996, against the expectations even of friends who said he lacked the candidate gene and against the calculations of Democratic strategists who were forced to go from dismissing him to clumsily attacking the Green monster, Ralph Nader mounted a presidential campaign that in the closing days of the election defied the pundits' tendency to consign most third party candidacies to endgame obscurity.
As political players began counting down the hours to voting day, Nader was thrust into the national spotlight by media that had long disregarded his candidacy. The man who had been prevented even from attending three dismal debates between Al Gore and George W. Bush found himself portrayed by a New York Times editorial as the "wrecking-ball" of the postdebate campaign. There was Nader, just days before an election to which he was supposed to have been an asterisk, staring ABC newsman Sam Donaldson in the eye and asking, "Do you think Gore is entitled to any votes? Do you think Bush is entitled? Am I entitled to any votes? We have to earn them. If Gore cannot beat the bumbling Texas governor with that horrific record, what good is he?"
Conscious of the Nader threat in states that had been securely married to the Democrats as far back as 1988 but began swinging in 2000, mainstream environmental and abortion rights groups diverted late-campaign energy and resources to scaring Oregon, Washington, Minnesota and Wisconsin Nader supporters into stopping Bush by abandoning the Green for the Gore. But the a-vote-for-Nader-is-a-vote-for-Bush drive ended up buying Nader millions of dollars' worth of free media attention. And what voters saw was a Nader far removed from the stiff scold who launched his Green bid last winter. After watching Nader joust with news anchors desperately seeking to get him to abandon his critique of both parties and declare some hidden sympathy for the Democrat, conservative commentator George Will was heard asking when it was that Nader evolved into so able a candidate.
Nader's focused, fact-based, unapologetic appearances were no surprise to hundreds of thousands of students, renegade trade unionists, angry family farmers, environmentalists, organic-food activists, campaign finance reformers, dissident Democrats and leaderless Perotistas who packed Nader's "superrallies" from Oakland to Minneapolis to New York City. Those modern-day hootenannies raised some of the more than $5 million with which Nader's campaign hired staff in virtually every state, developed a network of 900 campus coordinators, bought a few television ads and papered every coffee shop bulletin board from San Francisco to Boston with Green literature. For their contributions, those who rallied were treated to inspired performances by Nader backers Patti Smith and Eddie Vedder, crowd-rousing appeals from Jim Hightower and Michael Moore, arguments for a split from the Democratic Party by such progressive icons as Cornel West and Barbara Ehrenreich, and Nader addresses that bore less and less resemblance to college lectures and more and more to the populist orations of William Jennings Bryan and Robert La Follette.
On a Friday night in Iowa City, just days before the election, Nader arrived to find the University of Iowa Memorial Union overflowing with more than 2,000 cheering supporters. "The two parties have morphed together into one corporate party with two heads wearing different makeup," the candidate declared. The line was dutifully picked up by the Iowa City papers, which, like most local media, lavished front-page coverage on the man drawing some the biggest political crowds of the year. Unfazed by criticism from the Rev. Jesse Jackson and comedian Al Franken, who had appeared in town that day at a hastily scheduled Democratic rally, Nader said, "These frightened progressives say I'm undermining my own legacy of reform. What they don't know is that the Democratic Party has already done it."
Nader was introduced by one of the most prominent Democrats in Iowa, former FCC commissioner Nicholas Johnson, who explained, "I have worked for the election of Democratic Presidents since Harry Truman in 1948. I have received three presidential appointments from two Democratic Presidents. I have run for Congress from Iowa as a Democrat. I have served the Democratic Party at every level from local precinct chair to a Democratic National Committee task force. So it's not easy for me, this endorsement of a Green Party candidate. But the corporate corruption that engulfs both major parties has now reached the stage when we cannot afford to wait any longer."
But where does such a leap take Nader backers? If their candidate polls 5 percent or more of the national vote, the Green Party will receive at least $7 million in federal campaign funds. As Election Day approached, however, even some in the Nader camp worried that 5 percent earned at the price of a Gore loss might lead to a damning of the Greens that would make party-building difficult, if not impossible. In the final weeks of the campaign, Nader's closest advisers debated whether to tailor their schedule to states where the race was not close--such as New York, where Gore is a prohibitive favorite--or to return to swing states like Minnesota and Wisconsin, where a strong Nader could undermine Gore. Pleas from swing-state Nader backers tipped the decision in favor of the go-for-broke strategy--even as vote-trading schemes like www.nadertrader.org promised Nader fans who agreed to trade Gore votes in states like Oregon and Washington for Nader votes in New York and Texas that they could get the best of both worlds: President Gore and 5 percent for the Greens.
But a good many Nader voters were disinclined to become election day-traders. Their enthusiasm had less to do with party-building than with raising a banner of protest and, perhaps, of faith in a vision of democratic participation. In the crucial swing state of Wisconsin, the village of Belleville took a pre-election break for its UFO Parade, an annual commemoration of a supposed Halloween visit by aliens some years back. Bush and Gore backers were no-shows. But there, between the Brownies and the Belleville Dairy Queen, were forty Nader supporters, almost all of them from nearby farm towns. They carried a banner reading ralph nader is out of this world and handed out packets of seeds with a reminder to "plant a seed for democracy on November 7."
Grandmothers grabbed the seeds, children cheered "Nader!" And Dr. Cynthia Haq, the local physician, clapped as they passed. Torn between Gore and Nader, she said, "I know we're supposed to be worried about Bush, and I am worried. But it makes me feel good to see the Nader people. There's something that feels right about voting for what you believe, as opposed to voting against what you fear. I think that's why a lot of people are sticking with Nader--no matter what."
If Gore loses the White House--and some of you reading this will know whether or not he did--he'll have no one but himself to blame. Readers of this page know I've been something of a Naderskeptic all along (I'm planning a tactical vote for him here in Gore-solid New York, but if I lived in a toss-up state I'd vote Democratic and hope you would--or did--too). Still, it's not Nader's fault that huge numbers of voters don't care if Bush is a reactionary moron and find his Christian frat boy act appealing. Ralph didn't tell Gore to go after the dithering undecideds and to forget about energizing his base and reaching out to suburban and working women. Remember when abortion and gun control were going to be key issues? When the Million Moms were going to sway the election? Ralph didn't make Gore distance himself so far from Clinton--a genius campaigner with a 60 percent approval rating--that he couldn't plausibly claim the "good" economy as his own, even as he also wasn't willing to acknowledge the millions who have been victimized by Clinton's policies on prisons, welfare, drugs, civil liberties, privacy. Who was stopping Gore from announcing that on second thought, sending a $1.3 billion anti-drug aid package to Colombia was a terrible idea? Wouldn't that have been a better way to prove he was his "own man," not Clinton's, than spouting sanctimonious pieties about faith and family?
Or take capital punishment: When the issue came up in the debates, Gore and Bush both said they were for the death penalty. Gore could easily have said that, like Republican Governor Ryan of Illinois, he supported the death penalty but was troubled by studies showing an alarming number of false convictions in capital cases, and so he also supported a moratorium on executions. Sure, some of the undecideds would have peeled off to Bush--you can imagine the campaign ads in which relatives retell ghastly murders of loved ones and accuse the Vice President of denying them "closure." But then Gore could have run ads highlighting Bush's appalling record as death-penalty king of Texas, and his lazy and frivolous approach to the whole issue, which troubles some conservatives and has even become a standard laugh line for David Letterman. By taking a political risk--in a righteous cause--Gore would have been able to counteract the popular view of him as calculating and expedient, which is doing him more harm than his actual positions, which voters tell pollsters they like.
The same could be said of Gore's problems to his left. If Gore wants to defuse Nader, why doesn't he fire back on a whole range of substantive issues instead of acting like Nader has stolen votes that somehow belong to Gore by right? Gore has a record as Vice President, and he presumably believes in the positions that drive Naderites wild--for NAFTA, for military interventions around the globe, for welfare reform, for ladling vast sums of money into the Pentagon. He could take the trouble to explain why he is right and Nader is wrong on the issues that divide them, or why he is being wrongly blamed for policies that were actually the work of a Republican Congress, or why he is the best person to undo the damage Nader has identified.
Nader's not perfect, after all--Gore could ask why he doesn't belong to the party whose ticket he heads, why he told Outside magazine he would prefer a win for Bush (readers will remember he told me the opposite), why he has so little support among the people--minorities, women, blue-collar workers--whose interests he claims to represent. He could point out that while four years of Republicanism may move a few to the left, it may also drive far more people to embrace the Democrats, any Democrats, so the whole Nader phenomenon contains the seeds of its own destruction, in which case why not cut to the chase and vote for the Democrat now? He could make plenty of hay out of Nader's ill-informed and self-serving insistence that a Bush win will not endanger reproductive rights--most recently, Nader told Sam Donaldson that even if the Supreme Court overturns Roe v. Wade, "it just reverts it back to the states." Just! As if there aren't at least fourteen states ready to criminalize abortion the minute they get the go-ahead. As if there aren't already more than 300 restrictions on abortion already on the books! At one time Gore's ferocity as a debater was going to be his decisive strength. It may have backfired with the feel-good nincompoop Bush, but Gore could always try getting down off his high horse and asking Ralph how he would feel about letting other freedoms lose their constitutional protection. Should fifty state legislatures decide every year how much freedom of speech Ralph Nader is going to have?
It's perfectly fair to attack Nader. It's even fair to attack him in nasty, personal ways, the way Naderites attack Gore--by, for example, spreading the right-wing disinformation that Gore said he invented the Internet and was the model for Love Story. But it's absurd and kind of pathetic for Toby Moffett and the "Nader's Raiders for Gore" to wring their hands and beg Nader to step aside for the good of the country--it would make more sense to beg Gore to address the concerns of Nader voters. It would even make more sense for them to address--since Gore isn't doing the job--the fence-sitters who are moving toward Bush: pro-choice women, for instance, who think Bush isn't serious about working to limit abortion (an illusion not shared by the Christian Coalition, one might add), and union men who are having trouble choosing between their guns and their job protection.
According to a group of seven academic political forecasters, Gore is supposed to win because the man and the campaign and the issues are unimportant: Whether the incumbent party stays in the White House all depends on the state of the economy, both actual and perceived. This alone can explain the outcome of every election since 1948. If Gore loses despite his tremendous structural advantages, what can you say except he screwed up monumentally? Clinton triangulated against the left, but Gore acted as if the left didn't exist. You can't blame the left if it came back to bite him on the behind.
They thought they'd vote the Democratic slate,
But somehow felt they needed something more.
They finally found a candidate who was
More sanctimonious than Albert Gore.