News and Features
When the history of this year's presidential campaign is written, the addiction of both Bush and Gore to the obsolete politics of capital punishment will rank high in the annals of moral insensibility and cowardice. In the final debate they fell all over each other agreeing that the death penalty serves as a deterrent to murder. Never mind the polls showing a steadily eroding public support for it and growing alarm about tainted convictions. Even Janet Reno admitted a few months ago that "I have inquired for most of my adult life about studies that might show the death penalty is a deterrent, and I have not seen any research that would substantiate that point."
Just how remote the capital-punishment rhetoric of this campaign is from reality is suggested by a ruling from the Court of Appeals for the Fifth Circuit in the case of Calvin Burdine, who sits on death row in Huntsville, Texas. Burdine's court-appointed lawyer, Joe Cannon, slept through long stretches of his trial, a practice frequently ratified by Texas courts [see Bruce Shapiro, "Sleeping Lawyer Syndrome," April 7, 1997]. Federal District Judge David Hittner threw out Burdine's conviction, but on October 27 a Fifth Circuit appellate panel reinstated it. The two-judge majority--including Judge Edith Jones, a favorite Republican prospect for the Supreme Court--claimed that the record failed to show whether the lawyer's naps came during "critical" phases of the life-or-death proceeding. The panel's lone dissenter, Judge Fortunato Benavides, wrote that the circumstance of Burdine's trial "shocks the conscience."
What is conscience-shocking is not just Sleeping Joe Cannon but the entire capital-justice apparatus. Recently the Quixote Center of Maryland released a dramatic study documenting sixteen people executed in six states, despite late-appearing evidence questioning their guilt or the exposure of massively unfair proceedings. A typical case in the report is that of Brian Baldwin, executed in Alabama in June 1999, even though his confession was coerced, his court-appointed lawyer never conducted an investigation, a co-defendant later confessed and exonerated Baldwin, and an Alabama court found that the prosecutor routinely practiced "deliberate racial discrimination."
Clearly, we need a national timeout on executions. Thirty-five cities nationwide--most recently Greensboro and five other municipalities in conservative North Carolina--have endorsed such a moratorium. As legal scholar Anthony Amsterdam said in October in his keynote address to the American Bar Association's annual convention, the system is "fatally unjust and prone to error." And that also applies to the federal court system, in which a recent study showed widespread racial bias in death sentences. The first federal execution since the Kennedy years is set for December unless President Clinton intervenes, as he certainly should. Senators Carl Levin and Russ Feingold and Representative Jesse Jackson Jr. have introduced legislation that, in varying ways, would put executions on hold. Their bills deserve vigorous support.
A postscript to the Bush-Gore deterrence theory: According to the FBI's Uniform Crime Reports, released in October, while violent crime is declining nationwide, it is up in the execution capital of the country, Texas.
If you stand in Tiananmen Square and keep your eyes open on a normal day, you will see the tour groups with their "keep together" flags, and the long line waiting to see the mummified Mao in his mausoleum, and the crowd around the entrance to the Forbidden City. Souvenir salesmen ply their trade where once the students massed around the Goddess of Democracy. And then you notice the militia vans endlessly circling, and the buses parked off to one side. It's a big space to police, and its vast openness makes it impossible to close off. Every few days, a group of supporters of the Falun Gong movement will suddenly unfurl their banners and wave them until the forces of order arrive, sweep them up and carry them away.
On a bitingly cold October night two years ago in Laramie, Wyoming, a biker came upon a young man, unconscious, his sweet face ruined by a rain of blows, bound to a fence with ferocious tightness. Rushed to a hospital, he lingered for five days in the twilight world between life and death, never regaining consciousness.
Even before his death, this young man, Matthew Shepard, had been molded into an icon whose name and image were known to the world. Overnight, he became the centerpiece of a Princess Diana-like cascade of candlelight vigils, more astonishing because of their spontaneity, the inspiration as well for prayer meetings and angry protests. Meanwhile, Laramie was also being remade, tagged by the media as a town without pity.
In the months that followed, the Matthew Shepard story was ceaselessly retold and re-spun. There were stories dissecting the murder and re-creating the events leading up to it. There were biographical sketches of the victim--everyone's brother, everyone's son or secret lover; accounts that constructed, and afterward tried to tear down, the myth of innocence despoiled. There were renderings of the killers, hapless and shiftless characters, caught by the police even as Matt lay dying, young men whose biographies could have been lifted straight from Boys Don't Cry. And there were stories about the place itself, variously portrayed as Our Town and living hell, where these events occurred [see Donna Minkowitz, "Love and Hate in Laramie," July 12, 1999].
The print reporters and TV crews came and went, migrating with the seasons like whales--on the scene in the aftermath of the killing; back again for the killers' days in court. In their wake came those who saw in the tragedy the stuff of film or theater, as well as celebrities like Elton John and Peter, Paul and Mary, resuscitated for the occasion, who charged $42,500 for a benefit concert that wound up losing money.
Beth Loffreda arrived in Laramie a few months before the murder to take up a teaching job at the university, and she's still there. Losing Matt Shepard benefits greatly from the long-view perspective, as well as from Loffreda's personal struggle to come to terms with her adopted hometown.
In the tradition of Melissa Fay Green's Praying for Sheetrock, another beautifully told tale of love and violence in small-town America, Beth Loffreda has crafted a richly layered narrative that encompasses both the deed and the community where it occurred. Laramie is as liberal as things get in the pridefully insular world of Wyoming, a state with fewer than half a million souls, little known to the rest of the nation. The state university is there, its faculty listing slightly to the left, and there are trace elements of "Bo-Bo" life, decent cappuccinos and stylish pottery on offer. But Laramie can't be confused with Austin or Madison--its values are far less worldly, its tacit code of conduct narrower and more rigid. To those who belong, Laramie embodies the best of the American past: unforced hospitality, concern for one's neighbors. Yet many people who live there are treated as if they don't belong. Latinos and Native Americans talk about themselves as outside the pale--exotics if not threats, the subject of unapologetic stares and sometimes worse. Though Wyoming calls itself the "Equality State," the people who live on the wrong side of the tracks in Laramie, their trailers fronting unpaved streets--among them, the men who killed Matt Shepard--are similarly excluded.
Longtime Laramie residents recite that their town "is a 'live and let live' kind of place--we don't get into other people's business," yet there isn't much breathing room for difference. For those who don't fit into the corseted little universe, the pathway to survival entails leading a "don't ask, don't tell" life. When Matt Shepard walked into the Fireside Bar dressed to the nines, his patent-leather shoes gleaming in the light, he was violating the code, to shudderingly terrible consequence. In this sense, the killing was as predictable and overdetermined as the one in Chronicle of a Death Foretold.
Determinism misses the mark, though, for the linkages between place and event are tricky to fashion. Matt Shepard cannot, of course, explain himself. His killers and their girlfriend-accomplices have gone mute, after bouts of braggadocio that obliterated their credibility. This vacuum has been filled with myriad, and sometimes ghoulish, speculations: The killing was a simple robbery or a hate crime; an act tacitly condoned by the prevailing mores; the result of the killers' loveless childhoods; the impulse of someone on a meth high; a way for the murderers to obliterate the dark shadow of the "wuss within." While there is some truth to be extracted from many of these explanations, the mix is unknowable; the reason Matt Shepard was so brutally put to death most likely remains obscure even to the killers themselves.
Losing Matt Shepard is a powerful meditation on the distortions inherent in the ways we comprehend the world. Comprehending the minute particulars is critical to understanding, and reductionism is always perilous; but there's no avoiding the need to simplify reality in order to make meaning. "We make that move too easily--that move from the narrow strip of fence where Matt died to the big cultural and political weather fronts grinding along overhead," Loffreda writes. "That move is necessary, I think, if we want to change that weather, but the trip should be hard, something we can't map out easily in advance."
This tension, between the larger world and the world in a grain of sand, plays itself out in Laramie, which in the wake of the murder becomes a green room--a place of double consciousness where one's values and actions are constantly under scrutiny, an intrusive probing that leads residents to reframe their own stories, to spin their lives to the media and ultimately to themselves.
In recent years scores of gay men have been even more brutally murdered than Matt Shepard, to no public notice. In the early 1990s, Steve Heyman, a University of Wyoming professor who advised the campus's gay group, was found dead, apparently tossed from a moving car; no one outside Laramie paid any attention. But Shepard's story, replete with its widely circulated, indelible and misleading symbols--the crucifixion that really was a more prosaic hogtying; the setting, in a place far less remote than the camera angles depicted--came to represent all the other incidents of gay violence. It served as a Rorschach blot, a way to filter America's uneasiness about homosexuality, to comprehend our love-hate relationship with community.
Organizations at both ends of the ideological spectrum turned the murder to their apparent advantage. The appearances of a defrocked minister and his tiny flock, and Matthew Shepard: Burn in Hell banners (more wittily, a sign reading Save the Gerbils), were offset by the theatrics of a handful of students whose outsized angels' wings kept the preacher's signs out of camera range. National gay groups made Shepard the centerpiece of their fundraising campaigns, though Loffreda points out that they gave nothing back to the gay people of Laramie itself. SOFAITH (Society of Families Anchored in Truth and Honor) seized the moment to assail gay "behaviors" and policies supportive of gays. A Denver-based theater troupe descended on the town, interviewing hundreds of residents. Out of those interviews came The Laramie Project, first staged in Denver and then on Broadway [see Elizabeth Pochoda, "The Talk in Laramie," June 19]. As theater, it's as flat and featureless as the prairie, stultifyingly innocuous, entirely unrevealing of character or motivation, without insight. The play's weaknesses have less to do with the talent of the playwright than with the raw material. Laramie's residents were suffering interpretation fatigue by the time the tape recorders were turned on. They had polished speeches for the tape recorders but little of consequence to say.
Losing Matt Shepard ends with the political push, ultimately successful, to pass a bias-crimes ordinance in Laramie. At the time of the murder, a hate-crimes bill was stalled in the state legislature, for all the familiar reasons, and the killing swayed few if any lawmakers' votes. Soon after the murder, the Laramie City Council issued a proclamation expressing its sympathy to Matthew Shepard's parents and urging that "the healing process" begin--pop psychology become politics--but a handful of citizens, straight and gay, wanted a more concrete response. Eventually the council passed a measure calling for police training and better record-keeping. The detective who developed the case against the killers, himself a model of compassion and forensic intelligence, dismissively characterized it a "feel-good" gesture. Yet in Laramie--a town so conservative that a gay assistant professor feared acknowledging her sexuality for fear of jeopardizing her chance for tenure; a place so fearful of gay-bashing that the phone number for the AIDS hotline is unlisted, to discourage threatening calls--this tiny political step makes a difference. It puts Laramie on record as committed to protecting the most basic liberties of gay men and lesbians. In these times, and in this place, that's cause for cheer.
If you are the parent of a newborn, beware. Fourteen to eighteen months from now your child will be programmed to nag for a new toy or snack every four hours, "branded for life" as a Cheerios eater or a Coca-Cola guzzler and placed in the loving care of a market researcher at the local daycare center.
That, at least, was the view of early childhood development presented by the 400 children's-market honchos at the third annual Advertising & Promoting to Kids Conference, held in New York City on September 13-14. Conference-goers attended sessions on topics like Building Brand Recognition, Marketing in the Classroom and The Fine Art of Nagging ("40% of sales of jeans, burgers and other products occur because a child asks for the product"). They cheered winners of the Golden Marble Awards for best breakfast-food and video-game commercials.
The marketing confab was held as the government released a report documenting the growing commercialization of public schools and also as the Federal Trade Commission blasted media companies and the advertising industry for deliberately marketing violent films and products to children. Although kids have been targets of marketing for decades, the sheer amount of advertising they are exposed to today is "staggering and emotionally harmful," says Susan Linn, a Harvard Medical School psychologist who studies media at the Judge Baker Children's Center in Boston. Linn and other child psychologists, educators and healthcare professionals led a protest outside the Golden Marble Awards to draw attention to the effects of the $12-billion-a-year kid-ad industry, including the epidemic of obesity in children and increasing violence in schools. "It's appalling that creativity is being rewarded in the service of manipulating children," Linn says. "We hope this is the beginning of a national movement to challenge this."
In fact, this fall has been a good one for grassroots opponents of corporate commercialism. The Madison, Wisconsin, school board voted in August to terminate its exclusive beverage contract with Coca-Cola, making it the first school district in the country to cancel an existing marketing deal [see Manning, "Students for Sale: How Corporations Are Buying Their Way Into America's Classrooms," September 27, 1999]. The board cited "overwhelming public opposition" as the reason for its decision. That action came hard on the heels of successful campaigns to stop proposed school-marketing deals in Oakland and Sacramento, California; Philadelphia; and the state of Michigan, where a cola contract involving 110 school districts was shot down. In October the American Dental Association passed a resolution urging its members to oppose the marketing of soft drinks and junk food in schools, and the American Psychological Association, under pressure from many of its members, agreed to form a task force to examine whether it is unethical for psychologists to advise companies that market to children. Meanwhile, ZapMe!, the in-school marketing company, abandoned its educational business after failing to convince enough schools to accept its offer of free computers in exchange for delivering student eyeballs to advertisers.
"We're seeing a dramatic increase in local resistance to all forms of corporate marketing to kids," says Andrew Hagelshaw, executive director of the Center for Commercial-Free Public Education, in Oakland. "The issue has finally hit critical mass with the public." Hillary Rodham Clinton has jumped on the bandwagon. Citing a "barrage of materialistic marketing" aimed at young children, the Democratic candidate for senator from New York wants the government to ban commercials aimed at preschool children and to prohibit advertising inside public elementary schools. Anticorporate activists welcomed Clinton's proposals but said they don't go far enough. Opponents of a New York City school board plan to finance free laptop computers for students through in-school advertising say her proposals won't protect millions of high school students. Nor would the proposals apparently affect the commercial in-school TV program Channel One, whose market is primarily middle school students.
Corporate lobbyists are already putting the heat on members of Congress who might support legislation reining in children's advertising. Hagelshaw believes the real battles will take place in local school boards and state legislatures, which may be more receptive to anticommercial arguments. There's never been a better, or more important, time for local activists to step up the pressure on corporate exploiters of children.
In their 1996 book The Next War, former Secretary of Defense Caspar Weinberger and Peter Schweitzer concoct some troubling scenarios they imagine could confront the United States. One is with Mexico: It's 1999, and a radical nationalist comes to power with the assistance of drug traffickers, resulting in a flood of migrants and drugs across the US boundary. In response, the Pentagon sends 60,000 troops to the border region. Tensions between the two countries mount over the next few years, leading to a full-scale US invasion of Mexico that restores law and order within six months. In constructing this nightmare scenario, the authors draw on a long history of depicting undesired immigrants as invading hordes and the international boundary as a line of defense. Peter Andreas recounts this hawkish vision in his provocative and highly persuasive Border Games: Policing the US-Mexico Divide. He argues that predictions of an inevitable march toward greater levels of militarization in the region--of which the Weinberger/Schweitzer vision is the most extreme--ignore the necessity of maintaining a porous boundary because of the significant and intensifying levels of economic integration between the United States and Mexico.
Still, as part of the US government's war on drugs and "illegal" immigrants in the border region, the enforcement regime has grown dramatically over the past two decades, as chronicled by Andreas. The antidrug budget of the Immigration and Naturalization Service, for example, rose 164 percent between fiscal years 1990 and 1997, while the overall budget for the INS nearly tripled between FY 1993 and 1999, from $1.5 billion to $4.2 billion, with border enforcement the biggest growth area. At the same time, transboundary trade has reached unprecedented heights because of the 1994 implementation of NAFTA. This exacerbates the challenge of "enforcement." As a 1999 government report cautioned, "Rapidly growing commerce between the United States and Mexico will complicate our efforts to keep drugs out of cross-border traffic." With a daily average of 220,000 vehicles now crossing into the United States from Mexico--and only nine large tractor-trailers loaded with cocaine required to satisfy annual domestic demand in the United States--the task facing US authorities is daunting.
Given such practical contradictions, it's the creation of an image of boundary control that has been most significant. As Andreas explains--and this is his well-written book's central point--the escalation of border enforcement is less about deterring drugs and migrants than it is about symbolism. In other words, state elites are more concerned about giving a good performance for reasons of domestic political consumption than they are about realizing the stated goals of boundary enforcement. In fact, the political-economic costs of too much success serve to limit enforcement. As one high-level US Customs official cited in Border Games stated, "If we examined every truck for narcotics arriving into the United States along the Southwest border.... Customs would back up the truck traffic bumper-to-bumper into Mexico City in just two weeks--15.8 days.... That's 1,177 miles of trucks, end to end."
To the extent that there is an appearance of success, however (statistics showing more interdiction, for example), it helps to realize a variety of political agendas. As Andreas contends, "Regardless of its deterrent effect, the escalation of enforcement efforts has helped to fend off political attacks and kept the drug issue from derailing the broader process of economic integration."
Thus, in the case of NAFTA, the deceptive image (one carefully crafted with the Clinton White House) that Mexico under Carlos Salinas de Gortari was having significant success in the binational war on drugs facilitated a reluctant Congress's passage of NAFTA. Moreover, the Administration promised that NAFTA would bring even greater levels of transboundary cooperation in the drug war and lead to more resources for boundary enforcement.
NAFTA also intertwined with the Administration's offensive against unauthorized immigration (a matter Andreas does not discuss), which was, in part, the US answer to massive disruption in Mexico's rural and small-business sectors brought about by growing economic liberalization. While Administration officials promoted NAFTA as a boundary-control tool (by creating better, high-paying jobs in Mexico, went the argument, NAFTA would lead to less immigration from Mexico to the United States), they also understood that NAFTA would intensify pressures to migrate among Mexicans displaced in the name of economic efficiency. As INS Commissioner Doris Meissner argued to Congress in November 1993, "Responding to the likely short- to medium-term impacts of NAFTA will require strengthening our enforcement efforts along the border."
For Andreas, specific developments are often the "unintended feedback effects of past policy choices" as much as the result of particular bureaucratic incentives and rewards. The 1986 Immigration Reform and Control Act (IRCA), for example, led to the legalization of large numbers of unauthorized immigrants as a way of ultimately reducing unsanctioned immigration. IRCA's main effect, however, was "to reinforce and expand already well-established cross-border migration networks" and to create a booming business in fraudulent documents.
These "perverse consequences" laid the foundation for the anti-immigrant backlash that emerged in the early 1990s--most vociferously in California, a state especially hard hit by the recession and feeling the effects of a rapidly changing population due to immigration. In advancing this argument, Andreas cautions that his goal is "not to provide a general explanation of the anti-illegal immigration backlash." Rather, he seeks to show how political and bureaucratic entrepreneurs partially whipped up public sentiment and channeled it "to focus on the border as both the source of the problem and the most appropriate site of the policy solution." While there is much merit in such an approach and the explanation that flows from it, it is insufficient.
First, as many have argued, the backlash of the 1990s was not simply against "illegal" immigrants but, to a large degree, against immigrants in general--especially the nonwhite, non-English speaking and the relatively poor. Moreover, as Andreas shows in a stimulating chapter that compares and contrasts similar developments along the Germany/Poland and Spain/Morocco boundaries, the seeming paradox of "a borderless economy and a barricaded border" is evidenced along boundaries that unite and divide rich and poor in other parts of the world. Given the locales of these developments and their uneven impacts on different social groups, there is need for another type of explanation.
How does one explain the differential treatment of the interests of the rich (enhanced trading opportunities) and those of the poor (those compelled by conditions to migrate and work without authorization)? It is in this area that Grace Chang is of great help. Disposable Domestics offers a refreshingly new perspective on immigration control. Chang's tone is overtly political and more polemical than that of Andreas, but her approach is equally rigorous. Her goal is to make poor immigrant women visible, to humanize them, to highlight their contributions and tribulations, and to show them as actively trying to contest their conditions of subjugation.
Chang argues persuasively that poor immigrant women--largely Third Worlders--have become a central focus of "public scrutiny and media distortion, and the main targets of immigration regulation and labor control" in the United States. To show the continuity between past and present, she provides an overview of the long history of imagery portraying immigrant women as undeserving users of welfare services and hyperfertile breeders of children. In doing so, she makes an invaluable contribution, showing how the regulation of immigration and labor is inextricably tied to matters of gender, as well as to those of class, race and nationality.
The author effectively challenges mainstream assumptions that surround the immigration debate. For example, she argues that studies attempting to measure the costs and benefits of immigration--regardless of their findings or the agendas behind them--ultimately reduce immigrants to commodities or investments. Chang sides with an emerging consensus among immigrant advocates that sees such studies as missing the point, and instead emphasizes the human and worker rights of all immigrants. In this regard, she criticizes immigrant advocates who have fallen into the trap of dividing immigrants between good ("legal") and bad ("illegal").
Chang highlights the folly of this approach in recounting the trials of Zoë Baird, Clinton's first nominee for Attorney General. When it came to light that she employed two undocumented immigrants as domestic servants--a common "crime" among two-career, professional couples--her nomination was sunk. What led to public outrage, according to Chang, was more the "resentment that this practice was so easily accessible to the more privileged classes while other working-class mothers struggled to find any child care," rather than the flouting of the law per se.
Throughout, Chang gives us moving accounts of gross exploitation of immigrant women working as domestics or caretakers, showing that relatively well-off households often look specifically for "illegals" to save money and to facilitate their privileged lives. Indeed, "the advances of many middle-class white women in the workforce have been largely predicated on the exploitation of poor, immigrant women." For Chang, this explains why "the major women's groups were conspicuously silent during Baird's confirmation hearings"--a manifestation of the racial and class privileges their members enjoy.
Recent antiwelfare efforts in the United States, which Chang explores in another provocative chapter, also rely on the exploitation and scapegoating of immigrant women. She compares representations of poor women--native and immigrant--used both in the promotion of welfare "reform" and in efforts to regulate undocumented working women. In both cases, poor women are portrayed as exploiters of the system (to facilitate their hyperfertility) and as criminals--either as welfare cheats or as "illegals." For welfare mothers, the resulting backlash is "workfare"--a program that forces them to work (outside their homes, under the assumption that raising children is neither work nor a benefit to society), but not for a wage. They work for their welfare benefits instead, a remuneration usually far below what they would earn as employees. Meanwhile, government officials, corporate spokespersons and household employers mask their exploitation of low-wage employees as beneficence, purportedly providing them with opportunities, training and preparation, and the ability to assimilate into respectable society.
The war on the poor (welfare reform) and that against unauthorized immigrants are also sometimes functionally tied. Virginia's state office of social services, for example, cooperated with the INS to open up jobs held by "illegals" for workfare participants. This, along with INS raids of workplaces in the midst of unionization drives, according to Chang, is a growing trend. It is far from clear, however--at least on the basis of the anecdotal evidence Chang presents--that such events indicate a long-term, upward trend. Indeed, while anti-union employers have long used the INS to undermine immigrant-worker organizing, with a number of especially outrageous incidents taking place in the late 1990s, those appear to have diminished over the last couple of years, apparently due to the outcry from union, immigration and human rights activists. In part, the discrepancy reflects the fact that Chang wrote the book--more a collection of essays stitched together--over several years, with some of the chapters having appeared in previous publications.
Chang tends to see the factors that create and drive immigration and the mistreatment of low-wage immigrant workers as derivative of an overarching economic logic and a resulting set of intentional, goal-oriented practices. Thus, the workfare/INS-raid nexus illustrates the "true function" of the INS: "to regulate the movement, availability, and independence of migrant labor." More generally, immigration "is carefully orchestrated--that is, desired, planned, compelled, managed, accelerated, slowed and periodically stopped--by the direct actions of US interests, including the government as state and as employer, private employers, and corporations." United States elites keep Mexico and other countries in "debt bondage" so that they "must surrender their citizens, especially women, as migrant laborers to First World nations." And the purpose of California's Proposition 187, which would have eliminated public health, education and social services for unauthorized immigrants, is "perhaps" to mold immigrant children into a "category entirely of super-exploitable workers--those with no access to language or other skills and, most of all, no access to a status even remotely resembling citizenship that might allow them the safety to organize."
Such contentions imply a level of unity within the state and coherency in thought among economic and political actors (who are seemingly one and the same) that simply do not exist. They also downplay the agency of immigrants--who appear to be mere pawns of larger forces--and factors internal to their countries of origin driving immigration. Finally, such economic reductionism is puzzling given Chang's emphasis on race, gender and nationality. It seems at times, however, that she thinks that these are mere tools for highly rational, all-knowing and all-powerful economic elites.
This is why we need to appreciate the autonomous roles of race-, class-, gender- and nation-based ideologies in informing much of the anti-immigrant sentiment--factors that do not always dovetail with the interests of capital. Indeed, those elements are frequently at cross purposes. More than anything, anti-immigrant initiatives over the past thirty years have been the work of opportunistic and/or entrepreneurial elected officials, state bureaucrats and the cultural right--often small grassroots organizations and right-wing think tanks--rather than the business sector. Historically, capital has been generally pro-immigration. As the New York Journal of Commerce gushed in 1892, "Men, like cows, are expensive to raise and a gift of either should be gladly received. And a man can be put to more valuable use than a cow." Today, the Wall Street Journal advocates the elimination of border controls for labor. While this probably does not represent the view of most capitalists, it is significant nonetheless. And in the case of Proposition 187--as Chang reports--California employers, while collectively failing to take a public stand on the measure, generally opposed it for fear that they had much to lose if it passed. That said, the author is undoubtedly right to castigate employers for doing little or nothing to stand up for the rights of immigrants from whose labor, and from whose politically induced marginalization, they profit.
Given the divergent emphases and approaches of Andreas and Chang, very different solutions emerge from their arguments. Andreas criticizes the overemphasis on the supply side of unauthorized immigration and drugs. In terms of immigrants, for example, he observes that among wealthy countries, the United States "imposes the toughest penalties on the smuggling of migrants and related activities yet is among the most lenient with those who employ them." Similarly, he criticizes the scant resources available for enforcing existing workplace rules, which would undermine the ability of employers to exploit unauthorized workers, and he chides Congress for failing to develop a forgery-proof identity card system. (His stand on continued drug policing in the border region is less clear, although he calls for framing the drug problem as one of public health rather than law enforcement.)
Andreas seems resigned to the continued emphasis on border controls, too, despite demonstrating their brilliant failure. As one INS official he quotes explained, "The border is easy money politically. But the interior is a political minefield." Ending the border buildup is also a political minefield--one Andreas seems unwilling to enter. He is decidedly critical of the border status quo and aware of the hardships it causes (a topic to which he gives insufficient attention), but he critiques it on its own terms. In this regard, he does not stray outside the mainstream confines of debate.
A law-enforcement approach to unauthorized immigration is destined to fail. The ties between the United States and Mexico (and increasingly much of Latin America) are too strong, migrants are too resourceful and creative, and Americans are too resistant to the types of police-state measures that would prove necessary, to reduce unsanctioned immigration significantly. A far more effective and humane approach would be to work with progressive sectors of Third World societies to address the breakdown of political, economic and social systems and/or institutionalized injustice that often leads to immigration.
De-emphasizing boundary policing will likely reduce the deaths of unauthorized migrants (almost 600 in the California border region alone since 1994). But increased internal enforcement will create other difficulties, such as increased discrimination against those who do not look "American." It will also cause greater hardships in immigrant households, many of which contain people of different legal statuses. Should the US deport a principal breadwinner (an "illegal") from such a household, for example, leaving behind his or her US citizen children and "legal" spouse to fend for themselves?
Although Andreas argues that "the state has actually structured, conditioned, and even enabled (often unintentionally) clandestine border crossings," he discusses this matter in narrow terms, focusing on how previous "solutions" to the putative problems had an exacerbating effect. Meanwhile, he neglects the role played by the government and US-based economic interests in creating the conditions that fuel immigration. Thus, no issues of moral or political responsibility enter the analysis.
Grace Chang, on the other hand, puts a strong emphasis on the responsibility of the United States in fueling outmigration; it benefits from immigrant women's labor and wreaks havoc in Third World countries through the likes of military interventions and the imposition of structural adjustment programs. For Chang, the question is not one of trying to devise the best policy to control the unauthorized but of bringing about the changes needed to realize the rights of immigrants as workers and as human beings. In making this case, Chang correctly calls upon those of us who benefit from an unjust world order to stand in solidarity with immigrants--especially low-wage, Third World women who enable our privileged lifestyles--in their struggle for social justice at home and abroad.
The judge who chided Bush over aid to children is part of a state tradition.
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!
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.)
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.
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.
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