Help

Nation Topics - Society

Topic Page

Articles

News and Features

Ward Connerly, figurehead for California's anti-affirmative action Proposition 209, is up to more mischief. This time
it's a push to prevent California's public agencies from classifying
"any individual by race, ethnicity, color or national origin in the
operation of public education, public contracting or public employment."
Classification is defined as any "act of separating, sorting or
organizing by race, ethnicity, color or national origin including, but
not limited to, inquiring, profiling, or collecting such data on
government forms."

Shrewdly titled the Racial Privacy Initiative, it sounds like a plan to
protect us from the manipulative purview of Big Brother, or perhaps an
act to prohibit police profiling or to protect medical records from
being misused or to prevent consumer credit and employment histories
from being revealed in ways that discriminate against minorities.
"Racial privacy" beguiles with the promise of removing race and all its
contentiousness from public view, keeping its secrets in a vault for
only the rightful owner to know. A kind of "don't ask, don't tell"
stance of racial revelation.

In fact, the proposed enactment contains a series of crucial exceptions
that quickly turn such rosily "color-blind" expectations completely
upside down. First, in a blatant concession to Big Brother writ large,
there is an exemption for police. Sociologists Troy Duster and Andy
Barlow have worried that this exemption will allow police alone to
collect racial data: "What about the concern of many citizens that
police practices need to be monitored for racial profiling? The racial
privacy initiative would not allow such data to be kept."

Similarly, while permitting racial and ethnic classification of "medical
research subjects and patients," the initiative bars the collection of
data for population-based surveys that are the cornerstone of public
health administration. And while there is a superficially charitable
exemption for the Department of Fair Employment and Housing, that much
of a given is rather severely constrained in that the department "shall
not impute a race, color, ethnicity or national origin to any
individual." In any event, this particular exemption "shall expire ten
years after the effective date of this measure."

In fact, the Racial Privacy Initiative is not about protecting data from
being misused; instead it effectively eliminates data collection at all.
If enacted, it would continue a trend begun by Ronald Reagan and pursued
by every Republican administration since: limiting the accountability of
public institutions by making vital public information unavailable. In
such a world, there can be no easy way to know whether Native American
women are being sterilized at higher rates in public hospitals than
other groups. One would not be able to determine whether public schools
were tracking black students into remedial classes and white students
into advanced placement. Documentation of ghettoization and other
patterns of residential segregation would be magically wiped from census
data.

With no impartial public archive of such data, the burden of compiling
such statistics would fall either upon independent academics who would
have to find funding for their studies on a project-by-project basis; or
upon a cacophony of competing interest groups--a competition that no
doubt will be more than skewed by better-funded conservative think tanks
like the Manhattan Institute and the American Enterprise Institute.

Indeed, this initiative is not about "privacy" as most laypeople think
of it. It is actually about privatizing racially based behavior. And
privatized racism has been a dream of the far right since the first
whites-only private schools sprang up in the wake of Brown v. Board
of Education
. Segregation is "private choice," a "social" problem,
not a legal one, according to this logic. You can't force people to love
you. Suing over discrimination is victimology. As long as the government
doesn't force you to drink out of a separate water fountain or go to a
separate school, then that is the limit of equal opportunity.

Eliminating official knowledge of race and ethnicity in the public
sphere at first sounds like part of the same enterprise as eliminating
Jim Crow laws. (Indeed, many California voters seem as confused about
the meaning of the initiative as they were about Prop 209, which sounded
to many as though it would lead to more inclusion rather than less.) In
fact, however, "racial privacy" accomplishes little more than
institutionalizing an official stance of denial and, in the process,
eviscerates essential civil rights enforcement mechanisms. Californians
may as well put those three little moral idiots, Hear-no-evil,
See-no-evil and Speak-no-evil, in charge of remediation for
discrimination.

In what has been one of the most effective manuevers of the right in
recent years, defenders of the initiative have co-opted a good deal of
the vocabulary of the civil rights community in a blizzard of
definitional inversions. Ward Connerly insists that this measure will
keep the state from "profiling" its citizens. If one accepts that to
most Americans "profiling" connotes the unethical use of data to
discriminate (as in Driving While Black), this conflation with the
neutral act of data collection itself is tremendously misleading. By the
same token, the name of Connerly's group, the American Civil Rights
Coalition, would seem to imply a greater measure of protection for civil
rights rather than lesser. I do worry that such studied reversals of
terms will come to overtake the discourse as much as the term "quota"
has displaced any public understanding of the actual meaning of
affirmative action.

The publicly collected statistics we take for granted today show
undisputed racial and ethnic disparities in every realm of American
life. Any proposition that this gap is either not worth documenting--or,
even more insidiously, is aggravated by the gathering of such
knowledge--consigns us to a world in which "intelligence" is the
exclusive preserve of unrestrained police surveillance. The collective
ignorance with which we will be left will quite literally keep us from
ever speaking truth to power.

Twenty-seven years ago, Bella Abzug introduced the first comprehensive gay civil rights bill in the history of the Congress.

Although Chicano identity has been Luis Valdez's theme since all but the
earliest years of El Teatro Campesino, the guerrilla theater he founded
in the 1960s, getting a clear sense of his roots became doubly important
to him when his parents died in the mid-1990s. Valdez, the first Latino
playwright/director to reach Broadway and the creator of the bellwether Hispanic film Zoot Suit, had always been told his people were Yaquis from Sonora in northern Mexico, but he realized he knew very little about how they had
come to be California Chicanos.

So, in the late 1990s, he began to search his family's history and its
secrets, and what he discovered about the myths and contradictory
stories that had been handed down and about the little-known history of
the Yaqui wars in Mexico led him to write Mummified Deer, in some
ways his most personal play and his first new work for the theater in a
decade and a half (just ending its run at El Teatro Campesino in San
Juan Bautista). It's a play that uses the mythic, presentational
elements we've come to associate with Valdez's work, here present in a
Yaqui deer dancer, who together with the long arm of history defines
identity for the play.

Valdez founded El Teatro Campesino as an organizing and fundraising arm
of the United Farm Workers during the 1965 grape strike in Delano, where
he was born. The actors then were strikers who played type characters in
actos, short satirical sketches on strike issues performed at
work sites and in union halls.

But since splitting off from the union in 1967, the company has made
Chicano racial identity its focus. In the late 1960s and early '70s,
that specifically meant spiritual identity, with the theater reaching
all the way back to La Raza's Aztec and Mayan roots and making ritual
and myth, music and dance integral parts of its style.

Valdez was criticized at the time for abandoning the theater's
materialist viewpoint, and was criticized later in the decade and in the
1980s--when the entertainment industry began to understand the potential
of the Hispanic market--for his unabashed attempt to move into
commercial theater and filmmaking with Zoot Suit. Valdez's
response was that it was time for Chicanos to assume their place in the
mainstream and that separatism had been just a necessary phase that
prepared them to do so without losing their sense of identity. But it
was also clear that the young men in Zoot Suit had to reject that
aspect of pachuquismo, that very attractive, very essential part
of their identity as Chicanos, that was disruptive of society and
self-destructive.

Lack of commitment to cultural authenticity seemed confirmed--certainly
to Latino actors who protested--in 1992 when Valdez attempted to cast
Laura San Giacomo, an actress with something of a bankable name but also
an Italian ancestry, as Frida Kahlo in the movie he was trying to make
about the artist. Valdez argued that the compromise was necessary to get
Hollywood to do movies with Hispanic protagonists at all and that the
movie would offer a picture of Latino life that was not gang- or
drug-based, i.e., nonstereotypical and presumably positive.

Maybe it's just the difficulty of a Chicano writer/director making
headway in the commercial world, but in truth, it's difficult seeing
Valdez as lost leader, as someone who's abandoned his roots, in San Juan
Bautista, the mission town where Mummified Deer has been playing
in a theater Valdez built out of a fruit-packing shed. By no means as
far off the beaten track as Glover, Vermont, where Bread and Puppet
escaped city life in the 1970s, it's still a small rural town a long way
from entertainment capitals and city attitudes.

The style of Valdez's new play also points to continuity. And for the
most part the inspired stylistic innovations that radical theaters
excelled in--in Mummified Deer for instance, a hospital bed
that's transformed into a train laden with Mexican
revolutionaries--still work their magic in Valdez's hands. The sudden
release of concentrated imagination thrills. But even when they don't
work, when they now seem more a part of tradition than vital and
expressive, their mere presence, like the continued earnest tone of his
writing in our smug, cynical time, suggests that Valdez hasn't
jettisoned the past.

In any event, the story itself makes it clear that roots are not easily
cut off. On a simple series of platforms, marked with what seem to be
petroglyphs and hung with plastic sheets that make the set look like an
ice cave--poor theater after all these years!--Mama Chu, a fierce,
84-year-old family matriarch, lies on a hospital bed, suffering from
abdominal pains. When the cause of her condition is diagnosed not as
cancer but as a mummified fetus that has been lodged in her womb for
sixty years, her granddaughter Armida, an anthro grad student at
Berkeley who's in search of the truth about her mother's life, begins to
pierce the maze of myths and half-truths that have made up Chu's story
and the family's history.

Along the way, secrets are revealed about paternity, incest and
migration. The ultimate source of these secrets and family myths isn't,
however, as in many plays, personal pathology. The half-truths and
inventions all proceed from a historic cause: the little-known Yaqui
genocide at the hands of Porfirio Diaz and the Federales, which capped
four centuries of little-known Yaqui resistance to European
colonization.

In the end, it turns out that none of Chu's children as they're
presented in the play are hers. Her children were all taken away
and murdered in the genocide. She gathered Armida's mother, aunt and
uncle to her to fill the void. (The horrific description of the mass
slaughter alone insures that this play is not going very far into the
mainstream.)

Powerful, serious material. And Valdez doesn't always treat it
reverentially, as many lesser playwrights would. The introduction of a
kind of grotesque humor makes it all the more powerful at times. As when
Aunt Oralia (Rosa Escalante) wonders, "Can't you just yank that little
sucka [the dead fetus] out?" or Uncle Profe explains the incest by
saying simply, "We were always very close."

To his credit, Valdez doesn't treat the Chicano family reverentially,
either. He understands that they can be quite conservative even though
they've been victims (or because they've been victims). He satirizes
them and creates a number of characters that, like the satirical figures
of the actos, are one-dimensional types. With an Oralia, that
works to project a sense of how self-protective she is about the past,
but this is ultimately a play of terrible family secrets, and having the
weight of those secrets fall on an Armida who is little more than a plot
mechanism and Berkeley-activist-type blunts the force of the drama.

It's not simply a matter of an uneven cast, one that ranges all the way
from the very adept and realistic Daniel Valdez (Uncle Profe) to
Estrella Esparza (Armida), who can barely make the words her own. It's
also the writing and the way Valdez as director has the characters
played. As director, he also pitches a number of the performances very
high. An actress like Alma Martinez, who plays Mama Chu, can obviously
change gears on a dime and sketch in a reaction or attitude with the
flick of a hand, but Valdez pushed her performance hard and makes it
vocally very forceful, as if constantly to remind us what a powerful
woman this is. The result is a lack of nuance, variety and sympathy that
sent me fleeing to quieter characters like Uncle Profe and Armida's
mother, Agustina (Anita Reyes).

Then too, the revelations about the past are far too complicated,
there's too much information coming at you generally, and what exactly
the deer dancer represents is obscure. Also, the symbol of the mummified
fetus at times feels contrived. All of which makes it difficult to take
in and feel comfortable with what Valdez is apparently going for in his
continuing exploration of what he understands to be a continually
evolving Chicano identity. That is, the sense that Chu's finally
confronting the Yaqui genocide results in her forgoing an operation and
keeping the fetus, which is an incarnation of both an indio past that is
dead and gone and a living Yaqui spirit that--bypassing the acquiescent
and self-deluding generation of aunt and uncle--Chu passes on to her
granddaughter, Armida.

Why public and press have a right to witness military tribunal proceedings.

Children in New York City's public schools are being shortchanged--again.

On May 2 the Senate, in a vote of 94 to 2, and the House, 352 to 21,
expressed unqualified support for Israel in its recent military actions
against the Palestinians. The resolutions were so strong that the Bush
Administration--hardly a slouch when it comes to supporting
Israel--attempted to soften its language so as to have more room in
getting peace talks going. But its pleas were rejected, and members of
Congress from Joe Lieberman to Tom DeLay competed to heap praise on
Ariel Sharon and disdain on Yasir Arafat. Reporting on the vote, the
New York Times noted that one of the few dissenters, Senator
Ernest Hollings of South Carolina, "suggested that many senators were
after campaign contributions."

Aside from that brief reference, however, the Times made no
mention of the role that money, or lobbying in general, may have played
in the lopsided vote. More specifically, the Times made no
mention of the American Israel Public Affairs Committee. It's a
remarkable oversight. AIPAC is widely regarded as the most powerful
foreign-policy lobby in Washington. Its 60,000 members shower millions
of dollars on hundreds of members of Congress on both sides of the
aisle. It also maintains a network of wealthy and influential citizens
around the country, whom it can regularly mobilize to support its main
goal, which is making sure there is "no daylight" between the policies
of Israel and of the United States.

So, when Congress votes so decisively in support of Israel, it's no
accident. Yet, surveying US newspaper coverage of the Middle East in
recent months, I found next to nothing about AIPAC and its influence.
The one account of any substance appeared in the Washington Post,
in late April. Reporting on AIPAC's annual conference, correspondent
Mike Allen noted that the attendees included half the Senate, ninety
members of the House and thirteen senior Administration officials,
including White House Chief of Staff Andrew Card, who drew a standing
ovation when he declared in Hebrew, "The people of Israel live." Showing
its "clout," Allen wrote, AIPAC held "a lively roll call of the hundreds
of dignitaries, with individual cheers for each." Even this article,
however, failed to probe beneath the surface and examine the lobbying
and fundraising techniques AIPAC uses to lock up support in Congress.

AIPAC is not the only pro-Israel organization to escape scrutiny. The
Conference of Presidents of Major American Jewish Organizations, though
little known to the general public, has tremendous influence in
Washington, especially with the executive branch. Based in New York, the
conference is supposed to give voice to the fifty-two Jewish
organizations that sit on its board, but in reality it tends to reflect
the views of its executive vice chairman, Malcolm Hoenlein. Hoenlein has
long had close ties to Israel's Likud Party. In the 1990s he helped
raise money for settlers' groups on the West Bank, and today he
regularly refers to that region as "Judea and Samaria," a biblically
inspired catch phrase used by conservatives to justify the presence of
Jewish settlers there. A skilled and articulate operative, Hoenlein uses
his access to the State Department, Pentagon and National Security
Council to push for a strong Israel. He's so effective at it that the
Jewish newspaper the Forward, in its annual list of the fifty
most important American Jews, has ranked Hoenlein first.

Hoenlein showed his organizing skills in April, when he helped convene
the large pro-Israel rally on Capitol Hill. While the event itself was
widely covered, Hoenlein, and the conference, remained invisible. An
informal survey of recent coverage turned up not a single in-depth piece
about Hoenlein and how he has used the Presidents Conference to keep the
Bush Administration from putting too much pressure on the Sharon
government.

Why the blackout? For one thing, reporting on these groups is not easy.
AIPAC's power makes potential sources reluctant to discuss the
organization on the record, and employees who leave it usually sign
pledges of silence. AIPAC officials themselves rarely give interviews,
and the organization even resists divulging its board of directors.
Journalists, meanwhile, are often loath to write about the influence of
organized Jewry. Throughout the Arab world, the "Jewish lobby" is seen
as the root of all evil in the Middle East, and many reporters and
editors--especially Jewish ones--worry about feeding such stereotypes.

In the end, though, the main obstacle to covering these groups is fear.
Jewish organizations are quick to detect bias in the coverage of the
Middle East, and quick to complain about it. That's especially true of
late. As the Forward observed in late April, "rooting out
perceived anti-Israel bias in the media has become for many American
Jews the most direct and emotional outlet for connecting with the
conflict 6,000 miles away." Recently, an estimated 1,000 subscribers to
the Los Angeles Times suspended home delivery for a day to
protest what they considered the paper's pro-Palestinian coverage. The
Chicago Tribune, the Minneapolis Star Tribune, the
Philadelphia Inquirer
and the Miami Herald have all been hit
by similar protests, and NPR has received thousands of e-mails
complaining about its reports from the Middle East.

Do such protests have an effect? Consider the recent experience of the
New York Times. On May 6 the paper ran two photographs of a
pro-Israel parade in Manhattan. Both showed the parade in the background
and anti-Israel protesters prominently in the foreground. The paper,
which for weeks has been threatened with a boycott by Jewish readers,
was deluged with protests. On May 7 the Times ran an abject
apology. That caused much consternation in the newsroom, with some
reporters and editors feeling that the paper had buckled before an
influential constituency. "It's very intimidating," said a correspondent
at another large daily who is familiar with the incident. Newspapers, he
added, are "afraid" of organizations like AIPAC and the Presidents
Conference. "The pressure from these groups is relentless. Editors would
just as soon not touch them."

Needless to say, US support for Israel is the product of many
factors--Israel's status as the sole democracy in the Middle East, its
value as a US strategic ally and widespread horror over Palestinian
suicide bombers. But the power of the pro-Israel lobby is an important
element as well. Indeed, it's impossible to understand the Bush
Administration's tender treatment of the Sharon government without
taking into account the influence of groups like AIPAC. Isn't it time
they were exposed to the daylight?

Perhaps there's a limit to female masochism after all. To the great
astonishment of the New York Times, which put the story on page
one, Creating a Life, Sylvia Ann Hewlett's book deploring the
failure of female professionals to have as many children as she thinks
they need to be happy, is a big commercial flop ("The Talk of the Book
World Still Can't Sell," May 20). Out of a 30,000-copy first printing,
perhaps 8,000 have sold, despite a publicity campaign from heaven:
Time cover story, 60 Minutes, Oprah, Today,
wall-to-wall radio. The UK edition, Baby Hunger (Hewlett's
original choice of title--gag me with a spoon!), is also piling up in
warehouses.

The Times quotes numerous bewildered publishing people--could it
be the cover? women's "deep level of anxiety"?--but it's no big mystery
why the book isn't selling. Except when right-wing foundations buy up
truckloads of copies, antifeminist tracts usually do poorly despite
heavy attention. The media love them--this week's newsstand features
New York with "Baby Panic" and Us with "Will They Ever
Have Babies?" in which Jennifer Aniston and other nulliparous stars
bemoan their lot--but book buyers don't bite. Hewlett follows in the
steps of Katie Roiphe, who got great press but few readers for The
Morning After
, which argued that date rape was just "bad sex."
Partly the reason is that these books tend to be so flimsy that the
media campaign gives away their entire contents, but the main reason is
that nobody but women buy books about women--and women who buy hardcover
books are mostly feminists. They know date rape isn't bad sex, and they
don't need Hewlett to tell them their biological clocks are ticking.
(Apparently not as fast as Ms. Hewlett claims, though. Dr. Alan
DeCherney told the Times a woman's chances of getting pregnant at
40 are better than Hewlett makes out.) Why buy a book that tells you to
smile, settle and rattle those pots and pans? That's what your relatives
are for.

By the way, my friend Judith Friedlander, coiner of the immortal phrase
"a creeping nonchoice," was surprised to find herself on Hewlett's list
of tearful women whose careers got in the way of childbearing. "I've had
a great life," she told me, "with no regrets, and I spent a long time
telling Hewlett just that."

* * *

What if a woman ran for President who had great progressive politics
except for one thing--she believed that any man accused of rape or
sexual harassment should be castrated without a trial? How many
progressive men would say to themselves, Oh well, she's got great
positions on unions, the environment, the death penalty, and all the
rest, and besides, women really like her, so she gets my vote! Ten men?
three? two?

Of course, no progressive woman would ever put this crazy notion
forward. Our hypothetical candidate would understand all too well that
she couldn't propose to kick men in the collective teeth and expect them
to vote for her. Back in the real world, however, this is precisely what
some progressives apparently expect women to do for Dennis Kucinich,
whose anti-choice voting record was the subject of my last column.
Besides numerous e-mails thanking me for "outing" him and two or three
upholding the "human rights" of the "itty bitty zygote," I heard from a
few readers like Michael Sherrard, who urged "liberals" to "get over
their single-issue abortion orthodoxy." Instead of asking women to give
up their rights, why not pressure Kucinich to support them? To get that
"broad based multi-issue progressive movement" Sherrard wants, Kucinich
is the one who needs to get real, to face the demographic truth that
without the votes, dollars and volunteer labor of pro-choice women and
men, no Democrat can win the White House. His anti-choice votes may suit
his socially conservative Cleveland constituents, as his supporters
claim, but America isn't the 10th Congressional District of Ohio writ
large.

What Kucinich's fans may not understand is that for pro-choice women,
abortion is not just another item on the list. It goes straight to the
soul. It is about whether society sees you as fully human or as a vessel
for whom no plan or hope or possibility or circumstance, however
desperate, matters more than being a nest for that "itty bitty zygote."
As I've written before, despite the claims of "pro-life feminists" and
"seamless-garment" Catholics, progressive social policies and abortion
rights tend to go together: Abortion bans flourish where there are
backwardness, poverty, undemocratic government and politically powerful
patriarchal religion, where levels of education, healthcare and social
investment in children are low, and where women have little power.
Instead of asking women to sign over their wombs for the cause,
progressives should demand that "their" politicians add abortion rights
to their agenda. No progressive would vote for someone who opposed
unions or wanted to bring back Jim Crow. Why should women's rights
matter less? It's disgusting that the AFL-CIO supports anti-choice
politicians--as if their members aren't getting (or causing) abortions
in vast numbers--and it backfires, too. In Pennsylvania's Democratic
gubernatorial primary, pro-choice centrist Democrat Ed Rendell trounced
anti-choice labor-endorsed Bob Casey Jr., 56 to 44 percent.

* * *

A French committee is promoting Ahmed Shah Massoud, the assassinated
Northern Alliance commander, for the Nobel Peace Prize (among the
signatories: actress Jane Birkin, Gen. Philippe Morillon and that
inevitable trio of trendy philosophes, Bernard-Henri Levy, Alain
Finkielkraut and André Glucksmann). I know what you're thinking:
If Henry Kissinger could be awarded this honor, why not the
CIA/Russia-backed Tajik warlord who helped set up a fundamentalist
government in 1992, destroyed Kabul by fighting with his erstwhile ally
Gulbuddin Hekmatyar and helped create so much havoc, including
documented massacres of civilians, that Afghans welcomed the Taliban?
Still, there's something repellent about proposing to award Massoud,
thanks in part to whom Afghanistan is riddled with landmines, the same
prize won by anti-landmine activist Jodie Williams in 1997. Maybe they
should call it the Nobel War Prize.

Quick, pinch me--am I still living in the same country? Reading and
watching the same media? This "Bob Woodward" fellow who co-wrote a tough
piece in the May 18 Washington Post demonstrating that the
now-famous August 6 presidential daily briefing, contrary to
Administration officials' claims about its contents, actually carried
the heading "Bin Laden determined to strike in U.S."--is this the same
Bob Woodward who co-wrote the Post's infamous "Ten Days in
September" series earlier this year, the ur-document of George W. Bush's
Churchillization? And this "Michael Isikoff," sharing a byline on the
eye-opening May 27 Newsweek cover story that shreds the
Administration's "we did everything we could" line of defense--is this
the Isikoff who four years ago defined national security in terms of
dress stains and cigar probes? One begins to suspect that unbeknownst to
all of us, the terrorists have indeed struck--the Washington, DC, water
supply.

An overstatement, to be sure. But it does seem to be the case that
wherever this potentially incendiary story leads, from fog of
unprovables to hot smoking gun, one change has already taken place
because of it that is well worth marking. For the first time since
September 11--or, arguably, since ever--the press corps appears ready to
expend more effort poking holes in the vaunted Bush Administration spin
operation than admiringly limning it. More to the point, Is a new
skepticism stirring around such heretofore Teflonized officials as
National Security Adviser Condoleezza Rice? Before her May 16
damage-control press conference, Rice was probably the Administration's
leading untouchable. After it ("I don't think anybody could have
predicted these people would...use an airplane as a missile," a
statement left bleeding on the floor after a pile of evidence came
forward showing plenty of people were predicting precisely that), her
status has taken a major hit. So, as Professor Harold Hill might put it,
certain wooorrrrdds are creeping into the media vocabulary--words
like "serious credibility gap," in the Newsweek piece.

It's been a long time coming. If anything "un-American" happened after
September 11, it was the triumph of the notion--propounded by the
Bushies, reinforced by the major media and far too readily accepted by
cowardly Democrats--that "patriotism" somehow equals "support the Bush
Administration." CBS's Dan Rather said it recently in an interview with
the BBC: "Patriotism became so strong in the United States after 11
September that it prevented US journalists from asking the toughest of
the tough questions about the war against terrorism," adding, "I do not
except myself from this criticism." The genuflection sometimes reached
levels that we might call comic, except that there's nothing comic about
a "free" press choosing to ape state-owned media, throwing rose petals
at the feet of officials from the most unilateral and secretive
Administration in modern American history ("sixty-nine years old, and
you're America's stud," Meet the Press's Tim Russert once said to
Defense Secretary Donald Rumsfeld).

One is not quite ready to say, on the evidence of several days' worth of
stories, that this sorry era is over just yet. The New York Times
and the Washington Post both ran editorials on May 17 that were
something short of being full-throated calls for investigation; from the
right-wing papers, the predictable yelping about how it's really
Clinton's fault.

All this will probably continue, but at least now it appears that it
will be offset by some post-post-9/11 aggression. It will be interesting
to watch what leads the media now follow and how far they follow them.
For example, some reports--originating with the BBC but picked up in a
few minor US outlets--indicate that US intelligence agents were told to
back off the bin Laden family and the Saudi royals soon after Bush
became President. Reporters might also look into the way the
Administration declined to continue a process of tightening overseas and
offshore banking regulations begun by the Clinton Administration in an
effort to track down narcotics traffickers and terrorists. The Bush
people acted partly at the behest of Texas Senator Phil Gramm, which
means partly at the behest of Enron--and which may have ended up helping
terrorists.

"Connecting the dots" has become the operative cliché about
whether intelligence officials should have been able to put together the
various pre-9/11 clues they received. Now, maybe the media will start
connecting some dots of their own.

So what's it called if during war you criticize the President for any reason?
Treason.
And how long does this war go on (and this is where this theory's really pretty clever)?
Forever.

haven't done much mental spring cleaning because so much of the last
month has been taken up with brooding and spewing about the crisis in
the Middle East; no doubt the coming months will be much the same. After
putting your mind to this issue for a long time--witness Shimon Peres,
New York Times columnist Tom Friedman and so many others--cobwebs
gather and it becomes hard to see through the accumulated dust. So it
was pleasant to turn to Legal Affairs, the new publication of the
Yale Law School, edited by Lincoln Caplan, which casts an intelligent
eye over a broad and spacious intellectual terrain.

Of course the first item I turned to--obsessively--was an article on
Israel, more specifically on the legendary Supreme Court President
Aharon Barak (no relation), by Emily Bazelon--thankfully the only Middle
East piece in the inaugural issue, or who knows how I might have been
sidetracked. In 1992, from his seat on the Israeli Supreme Court, he
championed the Basic Laws that now serve the country as a kind of de
facto constitution and give Israel one of the most progressive sets of
human rights laws and precepts to govern any nation. But that was just a
first step for this exceptional person.

In May 1998, in a historic pronouncement, he declared (I'm simplifying
here) that torture of Palestinian detainees by the Shin Bet was not
legalized under Israeli codes. This meant that one day there would be no
more shabach--the technique of tying prisoners to kindergarten
chairs, putting their heads in sacks and subjecting them to humiliation
and psychological torture. It meant no more shaking, a favored method
that disorients and injures without leaving visible signs. No more sleep
deprivation. Barak later codified this ruling, when he "unequivocally
declared for a unanimous court that the Shin Bet's methods of
interrogating Palestinians detained without charges violated the rights
to human dignity and freedom." But those were better days in Israel, and
Bazelon points out that current conditions may have allowed the Shin Bet
to violate the ban. The Public Committee Against Torture has filed two
petitions to the court since September 2000, both arguing that the ban
on torture has not been "fully enforced," as Bazelon understates it. One
petition was withdrawn and the other rejected. Like so many of his
generation who hoped to normalize life in Israel, Barak too has been
undermined by the Degeneration of the Situation.

Anyway, Legal Affairs is not all bleakness and Jerusalem drizzle.
Its other lead piece is Brendan Koerner's dazzling narrative of
cyber-intrigue and blackmail that extends from Russia to FBI
headquarters in DC. The magazine also looks at hip-hop music with the
amusing premise that it is all about law enforcement, in a piece that
would be great but for its silly, super-serious tone. Tim Dodd
contributes an excellent article from Jakarta on Syafiuddin
Kartasasmita, the conservative Indonesian judge who was assassinated a
year after leading a three-man panel that found the youngest son of the
dictator Suharto, Tommy, guilty of corruption. A very amusing piece by
Dashka Slater tells you what it's like to spend a working week watching
only court TV (answer: terrific and soporific). A bunch of small
excerpts from Christopher Buckley's latest Washington entertainment
(No Way to Treat a First Lady) are fun, if not terribly
enlightening. And "Silence! Four ways the law keeps poor people from
getting heard in court" should be on the reading list of every legal
reporter and defense attorney in America. There is also a no doubt
valuable piece by Benjamin Wittes on the faulty legal underpinnings of
Kenneth Starr's behavior (but lines like "the attorney general had the
authority to decline to request an independent counsel where a clear
Justice Department policy would preclude an indictment" really harsh my buzz).
Legal Affairs reminds you that the law matters--unlike
American Lawyer, which makes you think the law is a buddy system
for grotesque elites in major urban centers who speak a language the
rest of us cannot understand (except when it's about gigantic salaries
and hourly fees). The new magazine reminds you that the law is the
element in which most of the major stories of our lives take place
(marriages, births, deaths, crimes, real estate closings, divorce), and
that it provides the narrative framework for the unfolding of most
important events.

News From Nowhere

Globalvision News Network has set up an extremely useful website
called The News Not in the News (you can find it at
www.gvnews.net, by subscription). This is where you can see what the
Arab press is really reporting; where you'll find the latest from places
like Kyrgyzstan, where the government has just resigned following unrest
since the May 10 sentencing of Felix Kulov, the foremost leader of the
Kyrgyz (new national adjective!) opposition, to ten years in prison. The
stories are put up without annotation, so that, say, the Kyrgyz
reporting can become convoluted to the uninitiated reader. But you
wouldn't want to miss this story: In his first interview in two
years--conducted along the Afghanistan-Pakistan border in writing and by
messenger, not in person--Mullah Omar (you remember him) tells Asharq
Al-Awsat
, an Arab news agency, that flames will engulf the White
House and that Osama bin Laden is still alive. Of course, for all one
knows, the interviewee could have been an Afghan schoolboy having his
fun, since there is no proof that the reporter's questions were actually
relayed to Omar himself. But that is what is both useful and charming
about this site: It is raw news as it is written and printed in other
lands, as fresh as it can be, and with its edgy myth-making untouched by
American objectivity. "What is important for the US now is to find out
why they did that [the attack on September 11]," says "Omar." "America
should remove the cause that made them do it." If only "Omar" had a
mirror version of The News Not in the News, he could see what a
tempest that very same issue set off in America's own pages not so long
ago. But we wouldn't want to harsh his buzz.

Blogs

Are some Fox hosts going soft on immigration?

November 21, 2014

Instead of encouraging Cuban doctors to defect, the United States should be working with them to stop the spread of Ebola.

November 21, 2014

And still, the will to protest has not died.

November 21, 2014

Advocates pushing to expand My Brother's Keeper say it’s good to see their concerns acknowledged and keep their eyes on next steps.

November 21, 2014

Despite the important policy changes outlined by the president last night, around six million undocumented immigrants will remain “deportable.”

November 21, 2014

Melissa Harris-Perry explains just how serious this attitude toward sexual violence really is.

November 20, 2014

With forty-three disappeared student teachers presumed dead, Mexican popular resistance is creating new alternatives to the militarized narco-state.

November 20, 2014

Retiring Oklahoma Senator Tom Coburn says Obama taking action on immigration could end in “violence” and “anarchy.”

November 20, 2014

It is absurd that broadcast networks choose entertainment over Obama’s immigration speech.

November 20, 2014

Is Roger Goodell exploiting an instance of child abuse to save his personal and professional brand?

November 20, 2014