A world effort to force an end to the US death penalty is gaining strength.
The Supreme Court, in the final week of June, handed down three decisions, each of which seems to endorse a valuable social principle.
In the first, involving the right of legal immigrants who have pleaded guilty to crimes in the past to a judicial review of deportation proceedings, the Court upheld the principle that no matter who you are, you are entitled to your day in court.
In the second case, the High Court affirmed the right of writers and artists to share in the wealth made possible by the new media. The case was brought by a group of freelancers who objected to the inclusion of their work in electronic databases without permission or remuneration; the group was led by Jonathan Tasini, the president of the National Writers Union and a man with an admirable mission.
In the third case, the Supreme Court made it more possible for Congress to provide correctives to the influence of money in politics by upholding Watergate-era limits on how much political parties can spend in coordination with candidates for federal office. Had the Court eliminated the restrictions, it would have legitimized the parties as cash-laundering machines for donors.
Left to be determined, in all three cases, are the appropriate remedies for the ills the rulings addressed, and the difficulty of fashioning these should not be underestimated. But it is heartening to see the Court acting in its proper role as the guardian of both the individual and society.
"How would you feel if your wife and children were brutally raped before being hacked to death by soldiers during a military massacre of 800 civilians, and then two governments tried to cover up the killings?" It's a question that won't be asked of Elliott Abrams at a Senate confirmation hearing--because George W. Bush, according to press reports, may appoint Abrams to a National Security Council staff position that (conveniently!) does not require Senate approval. Moreover, this query is one of a host of rude, but warranted, questions that could be lobbed at Abrams, the Iran/contra player who was an assistant secretary of state during the Reagan years and a shaper of that Administration's controversial--and deadly--policies on Latin America and human rights. His designated spot in the new regime: NSC's senior director for democracy, human rights and international operations. (At press time, the White House and Abrams were neither confirming nor denying his return to government.)
Bush the Second has tapped a number of Reagan/Bush alums who were involved in Iran/contra business for plum jobs: Colin Powell, Richard Armitage, Otto Reich and John Negroponte. But Abrams's appointment--should it come to pass--would mark the most generous of rehabilitations. Not only did Abrams plead guilty to two misdemeanor counts of lying to Congress about the Reagan Administration's contra program, he was also one of the fiercest ideological pugilists of the 1980s, a bad-boy diplomat wildly out of sync with Bush's gonna-change-the-tone rhetoric. Abrams, a Democrat turned Republican who married into the cranky Podhoretz neocon clan, billed himself as a "gladiator" for the Reagan Doctrine in Central America--which entailed assisting thuggish regimes and militaries in order to thwart leftist movements and dismissing the human rights violations of Washington's cold war partners.
One Abrams specialty was massacre denial. During a Nightline appearance in 1985, he was asked about reports that the US-funded Salvadoran military had slaughtered civilians at two sites the previous summer. Abrams maintained that no such events had occurred. And had the US Embassy and the State Department conducted an investigation? "My memory," he said, "is that we did, but I don't want to swear to it, because I'd have to go back and look at the cables." But there had been no State Department inquiry; Abrams, in his lawyerly fashion, was being disingenuous. Three years earlier, when two American journalists reported that an elite, US-trained military unit had massacred hundreds of villagers in El Mozote, Abrams told Congress that the story was commie propaganda, as he fought for more US aid to El Salvador's military. The massacre, as has since been confirmed, was real. And in 1993 after a UN truth commission, which examined 22,000 atrocities that occurred during the twelve-year civil war in El Salvador, attributed 85 percent of the abuses to the Reagan-assisted right-wing military and its death-squad allies, Abrams declared, "The Administration's record on El Salvador is one of fabulous achievement." Tell that to the survivors of El Mozote.
But it wasn't his lies about mass murder that got Abrams into trouble. After a contra resupply plane was shot down in 1986, Abrams, one of the coordinators of Reagan's pro-contra policy (along with the NSC's Oliver North and the CIA's Alan Fiers), appeared several times before Congressional committees and withheld information on the Administration's connection to the secret and private contra-support network. He also hid from Congress the fact that he had flown to London (using the name "Mr. Kenilworth") to solicit a $10 million contribution for the contras from the Sultan of Brunei. At a subsequent closed-door hearing, Democratic Senator Thomas Eagleton blasted Abrams for having misled legislators, noting that Abrams's misrepresentations could lead to "slammer time." Abrams disagreed, saying, "You've heard my testimony." Eagleton cut in: "I've heard it, and I want to puke." On another occasion, Republican Senator Dave Durenberger complained, "I wouldn't trust Elliott any further than I could throw Ollie North." Even after Abrams copped a plea with Independent Counsel Lawrence Walsh, he refused to concede that he'd done anything untoward. Abrams's Foggy Bottom services were not retained by the First Bush, but he did include Abrams in his lame-duck pardons of several Iran/contra wrongdoers.
Abrams was as nasty a policy warrior as Washington had seen in decades. He called foes "vipers." He said that lawmakers who blocked contra aid would have "blood on their hands"--while he defended US support for a human-rights-abusing government in Guatemala. When Oliver North was campaigning for the Senate in 1994 and was accused of having ignored contra ties to drug dealers, Abrams backed North and claimed "all of us who ran that program...were absolutely dedicated to keeping it completely clean and free of any involvement by drug traffickers." Yet in 1998 the CIA's own inspector general issued a thick report noting that the Reagan Administration had collaborated with suspected drug traffickers while managing the secret contra war.
So Bush the Compassionate may hand the White House portfolio on human rights to the guy who lied and wheedled to aid and protect human-rights abusers. As Adm. William Crowe Jr. said of Abrams in 1989, "This snake's hard to kill."
George W. Bush's European trip came at a time when American policy-makers, who once dismissed the European Union for its weakness and indecision on the world stage, are worrying about Europe's more assertive foreign policy. More than once this year, Washington has found itself upstaged as Europe showed itself willing and able to defy Washington on behalf of the larger global interest--organizing international opposition to the White House's repudiation of the Kyoto accords and taking it upon itself to keep the prospects of détente alive on the Korean peninsula, not to mention the role it played in voting the United States off the United Nations Human Rights Commission and its International Narcotics Control Board.
Still, the real danger is not a European-American divide, as serious as that would be, but a Europe that reverts to its old docile self when faced with Bush Administration pressure, deferring to Washington on issues like missile defense and NATO enlargement even when it disagrees with US policy. Although more confident in the foreign policy arena than it once was, the European Union is still struggling to develop a common foreign and defense policy and is reluctant to antagonize Washington on issues central to the transatlantic relationship. But it would be a mistake for European leaders to appease this Administration in the name of good relations with Washington. For on issues like global climate change, diplomacy on the Korean peninsula, missile defense and NATO enlargement, the EU better represents American interests and moral concerns than does the current Administration.
An immediate challenge is Washington's repudiation of the Kyoto accords on global warming. Europe is currently considering whether to continue with the treaty without the formal participation of the United States, which accounts for about 25 percent of greenhouse gases. The Administration hoped that Bush's more moderate tone of late would persuade Europe to back down or that there would be a lengthy renegotiation of the accord, but his pre-departure speech flopped. Many Americans will support Europe's decision to press ahead by demanding that US companies and local governments reduce their greenhouse gas emissions. Even without full American compliance, it would keep the Kyoto accords alive.
European leaders must also stand firm on the question of missile defense. Many Americans share Europe's concerns: that Bush's missile defense will not work, that it will renuclearize great-power relations, and that it will eat up resources desperately needed to promote economic development and stability in the Balkans and other troubled regions. Only if Europe speaks with a clear and confident voice will it be possible for these American opposition voices to gain leverage in the US debate. The Administration hopes European governments will buy into the program and even cover part of the cost. But a Bush speech in Brussels to leaders of NATO countries was met with open doubts.
The Administration's plan for NATO enlargement, said to include the Baltic states, will be another test of European foreign policy. Many European leaders are skeptical about the wisdom of extending the NATO alliance up to Russia's borders. They know that what the countries in Eastern Europe need now is not a military alliance but more economic reform, more investment and more trade. They also know just how important Russia is to European security. Europe needs a constructive and reasonably strong Russia, one that can keep nuclear weapons out of the hands of criminals and terrorists, that can supply Europe and its eastern neighbors with cheap energy, that can help keep Belarus and the Ukraine from collapsing and that can help maintain order in the Caucasus and Central Asia. NATO expansion would unnecessarily put this critical relationship with Russia at risk and distract EU candidate countries from necessary economic reforms.
Europe may be reluctant to question Washington's lead on NATO issues for fear of weakening the US military commitment. But nothing should prevent Europe from staking out a contrary position on NATO that would be shared by a significant part of the US foreign policy establishment. Indeed, Europe has more leverage with Washington than at any time in the long history of the transatlantic relationship. There is now no military threat in Europe or even in the larger European zone that requires an American military presence. To be sure, Europe would prefer to have the United States shoulder part of the burden in the Balkans, particularly in Kosovo. But there is no reason it can't handle these problems without America's high-tech military, especially in light of the Pentagon's now-famous reluctance to put US soldiers at risk.
On a range of international issues, Europe brings an important perspective and experience to world affairs. It understands better than does the Bush Administration that foreign policy is more than a matter of advancing national power, and that economic development is more than imposing a free market economy without the requisite social and political institutions. Indeed, Europe's recent experience--after centuries of conflict--of pooling sovereignty, of knitting together diverse national perspectives, of encouraging democracy and economic reform and of managing more powerful neighbors is exactly what countries in Asia, Latin America and Africa might learn from. What Europe has been able to do over the past several decades and what it is trying to extend to the countries of Eastern Europe is what other regions could do to overcome decades of mutual suspicion to tackle common problems, reduce trade barriers and cooperate to stabilize currencies.
But this example will be lost if Europe remains in America's shadow, if it follows Washington's lead and makes missile defense and NATO enlargement the capstones of its international policy in the first decade of the twenty-first century. US interests and values would be better served by a Europe that acts as both a balance and a complement to American power.
News that the United States has been voted off the UN Human Rights Commission and the UN international drug monitoring board has elicited vows of revenge from conservatives in Congress. They threaten to withhold payment on the long-unpaid dues owed the UN. They blame our adversaries--China, Cuba, Sudan and others--for the insult. But the secret votes enabled allies as well as adversaries to vent their mounting exasperation with US policies. At the last session of the commission, the United States stood virtually alone as it opposed resolutions supporting lower-cost access to HIV/AIDS drugs, acknowledging a human right to adequate food and calling for a moratorium on the death penalty, while it continued to resist efforts to ban landmines.
The global outrage is by no means limited to US policies on the Human Rights Commission. In barely 100 days in office, the Bush Administration has declared the Kyoto accords on global warming dead, spurning eight years of work by 186 countries. It banned US support for any global organization that provides family planning or abortion services, even as an AIDS pandemic makes this a matter of life and death. It bade farewell to the antiballistic missile treaty, while slashing spending on nuclear safety aid for Russia. It casually bombed Iraq, helped shoot down a missionary's plane over Peru and enforced an illegal and irrational boycott of Cuba. It sabotaged promising talks between North and South Korea, publicly humiliating South Korea's Nobel prizewinning president, Kim Dae Jung. The nomination as UN ambassador of John Negroponte, former proconsul in Honduras during the illegal contra wars, is an insult. "There is a perception," said one diplomat in carefully parsed words, "that the US wants to go it alone."
Our lawless exceptionalism is a deeply rooted, bipartisan policy that didn't begin with the Bush Administration. Under previous Presidents, Democratic and Republican, Washington denounced state-sponsored terrorism while reserving the right to bomb a pharmaceutical plant in Sudan or unleash a contra army on Nicaragua. It condemned Iraq for invading Kuwait while reserving the right to invade Panama or bomb Serbia on its own writ. The United States advocated war crimes tribunals against foreign miscreants abroad while opposing an international criminal court that might hold our own officials accountable. Our leaders proclaim the value of law and democracy as they spurn the UN Security Council and ignore the World Court when their rulings don't suit them. The Senate refuses to ratify basic human rights treaties. The US international business community even opposes efforts to eliminate child labor. And of course, there are those UN dues, which make us the world's largest deadbeat.
Worse is yet to come. US policy is a direct reflection of its militarization and the belief that we police the world, we make the rules. The Bush Administration plans a major increase in military spending to finance new weapons to expand the US ability to "project" force around the globe--stealth bombers, drones, long-range missiles and worse. The tightly strung Defense Secretary Donald Rumsfeld sounds increasingly like an out-of-date Dr. Strangelove as he pushes to open a new military front in space, shattering hopes of keeping the heavens a zone of peace.
As the hyperpower, with interests around the world, America has the largest stake in law and legitimacy. But the ingrained assumption that we are legislator, judge, jury and executioner mocks any notion of global order. From the laws of war to the laws of trade, it is increasingly clear that Washington believes international law applies only to the weak. The weak do what they must; the United States does what it will.
After the cold war, we labeled our potential adversaries "rogue nations"--violent, lawless, willing to trample the weak and ignore international law and morality to enforce their will. Now, in the vote at the UN, in the headlines of papers across Europe, in the planning of countries large and small, there is a growing consensus that the world's most destructive rogue nation is the most powerful country of them all.
This is not a role most Americans support. Public interest groups and concerned individuals will vigorously remind Congress of the widespread popular backing in this country for paying our UN dues, for global AIDS funding and other forms of international involvement. Unilateralism must be opposed in all its guises, from national missile "defense" to undermining efforts to curb global warming. The United States was founded on a decent respect for the opinions of mankind. Let's keep it that way.
The stage is set for a showdown over the fate of undocumented workers.
A grassroots movement for immigrant legalization is gathering strength.
America's provocative military posture in Asia makes war with China more likely.
The current President George Bush, whose very name evokes a dark era many would prefer to forget, seems determined to resurrect the ghosts of America's scandal-ridden past. A number of his foreign policy appointments are former Iran/contra operatives who are being rehabilitated and rewarded with powerful foreign policy posts.
John Negroponte's nomination to be US ambassador to the United Nations is a case in point. Bush has named him to represent the United States at an institution built on principles that include nonintervention, international law and human rights. Qualifications for the job: Negroponte was a central player in a bloody paramilitary war that flagrantly violated those principles and was repeatedly denounced by the institution in which he would now serve. As ambassador to Honduras from 1981 to 1985, Negroponte was the acknowledged "boss" of the early covert contra operations; he also acted as a proconsul, working closely with the Honduran military commander, whose forces aided the covert war while his embassy consistently denied or misrepresented politically inconvenient evidence of atrocities and abuse.
The nomination of Otto Reich to be Assistant Secretary of State for the Western Hemisphere is even more offensive to international and domestic principles. A longtime anti-Castro Cuban-American, Reich is backed by Senator Jesse Helms and the hard-line exile groups that want political payback for giving Bush his real or imagined margin of victory in Florida.
Like Negroponte, Reich was a key player in the illicit contra war. In 1983 a CIA propaganda specialist named Walter Raymond handpicked Reich to head the new and innocuous-sounding Office of Public Diplomacy. Housed in the State Department, Reich's office actually answered directly to Raymond and to Oliver North in the White House. A General Accounting Office review showed that Reich's office repeatedly provided sole source contracts to other members of North's network, including those involved in illegal fundraising for arms. More important, a Comptroller General's review concluded that Reich's office had "engaged in prohibited, covert propaganda activities designed to influence the media and the public."
Among those activities, as revealed in declassified records, were "white propaganda" operations--having contractors plant articles in the press or influence print and TV coverage while hiding their government connection--and using US military psychological warfare personnel to engage in, as Reich put it, "persuasive communications" intended to influence public opinion.
Reich himself engaged in a crude form of "persuasive communications," personally berating media executives and harassing reporters if news coverage was not favorable to the Reagan Administration's position. When NPR's All Things Considered ran the first major investigative report on contra human rights atrocities, Reich demanded a meeting with its editors, producers and reporters, at which he informed them that his office was "monitoring" all their programs and that he considered NPR to be biased against the contras and US policy. A Washington Post stringer remembers that after a contentious briefing from Reich in Managua in which the stringer and a reporter from Newsweek questioned the truthfulness of the Administration's assertions, an article appeared in a right-wing newsletter put out by Accuracy in Media calling him a "johnny sandinista" and falsely asserting that the Nicaraguan government was providing the two reporters with prostitutes. Reich's office, the then-US Ambassador to Managua told the Post reporter, was responsible for the rumors.
Reich's role as a revolving-door lobbyist is also likely to be a factor in his nomination hearings. As a partner in the Brock Group, a lobbying firm that according to Justice Department records represented the anti-Castro liquor giant Bacardi, Reich advised Jesse Helms's office on the drafting of the Helms-Burton legislation, which tightens the embargo against Cuba. Since passage of the law in 1996, Reich's own lobbying firm, RMA International, has received $600,000 in payments from Bacardi. Another Reich organization, the US-Cuba Business Council, has received more than $520,000 in US Agency for International Development money for anti-Castro work supporting the goals of the Helms-Burton law. If he's confirmed, Reich would become the key policy-maker interpreting and implementing legislation on Cuba, which he was handsomely paid to promote--a clear conflict of interest.
Reich's only diplomatic credential is his 1986 posting as Ambassador to Venezuela, to which officials in Caracas repeatedly objected. While there, Reich became responsible for the case of notorious terrorist Orlando Bosch, jailed in Caracas on charges of masterminding the bombing of an Air Cubana flight that killed seventy-three people in 1976. In September 1987 Bosch wrote a letter in which he thanked the ambassador as "compatriot Otto Reich" for support--a letter that, after it became public, Reich described in a cable to Washington as "a case of Cuban-Soviet disinformation." When a Venezuelan court ruled that Bosch should be released in late 1987, Reich sent a short "Clearance Response" cable to the State Department's visa office--apparently a request for Bosch to enter the United States. Bosch subsequently entered the United States illegally and was detained on parole violation charges related to terrorism and threatened with deportation because, according to the Justice Department, he had "repeatedly expressed and demonstrated a willingness to cause indiscriminate injury and death." Reich's nomination hearings will provide the first public forum for him to explain the purpose of his "clearance" cable and what role, if any, he played in the first Bush Administration's clearly political decision to drop charges against Bosch and allow him to stay in Florida.
Negroponte has already survived confirmation hearings for two ambassadorships since the Iran/contra scandal and is unlikely to face significant opposition, but Democrats say they are drawing the line at Reich. Senators John Kerry and Christopher Dodd are leading the opposition to Reich on the grounds of his "questionable history." According to Senate aides, opponents plan to put a "hold" on the nomination--a tactic perfected by Helms against Clinton appointments--which will provide time for an investigation, access to classified records and organization of support from farm belt Republicans who understand that Reich's hard-line policy on the trade embargo against Cuba will hurt agricultural interests in their states. The political effort to line up votes against Reich and to seek full disclosure of documents on his public diplomacy operations, ambassadorship and corporate lobbying will begin in earnest after the Senate returns from Easter recess.
In a campaign reminiscent of the successful effort twenty years ago to block Reagan's anti-human rights appointee Ernest Lefever to be Assistant Secretary of State for Human Rights and Humanitarian Affairs, the Center for International Policy, the Institute for Policy Studies and the Washington Office on Latin America, among others, are mobilizing to stop the nomination and are confident they can win. "With so much muck connected to his name and his past," suggests CIP director William Goodfellow, "Reich is an inviting target to show that the Democrats are not dead."
Indeed, failure to block Reich could open the door to ever more noxious foreign policy appointees. Senator Helms's top aide, Roger Noriega, is Bush's lead candidate to be ambassador to the Organization of American States. And at least one conservative religious group is touting pardoned Iran/contra criminal Elliott Abrams as a nominee for a human rights post--ambassador at large for international religious freedom.
It was touching to see Zbigniew Brzezinski and Henry Kissinger back on the tube again during the Hainan confrontation, with Brzezinski recommending to Jim Lehrer's audience that Kissinger be appointed supreme envoy and mediator for the resolution of the crisis. He wasn't completely clear on the credentials Kissinger would be employing: his usual ones as middleman and facilitator for US corporations in China (and chief justifier of the Tiananmen Square bloodbath in 1989) or his consummate skill as a handler of touchy moments on the Asian mainland.