President Bush's first list of nominees to the US Circuit Courts of Appeal, unveiled on May 8, was deceptively conciliatory and seeded with hard-to-oppose minorities and women, stealth conservatives and even a Clinton holdover, Roger Gregory, who has been sitting temporarily on the Fourth Circuit during the stalled appointments process. Gregory, a black lawyer, was a bone tossed to the left, but Bush's list contains enough red-meat conservatives to please his loyal base. Republicans already control eight of the thirteen courts of appeal and could dominate three more if Bush is permitted to fill even some of the current thirty-one vacancies. On the Fourth Circuit, where Republican judges now hold a 7-to-6 majority, and the Fifth, where they maintain a 9-to-5 edge, there are five and three vacancies, respectively.
For the Fourth Circuit, the farthest right of them all, Bush named two judges who should have no problem fitting in. Terrence William Boyle, a federal district judge in North Carolina and former aide to Jesse Helms, is so off the charts that in a recent voting rights case, Hunt v. Cromartie, the Supreme Court slapped him down two times in a row for ruling in favor of white voters trying to weaken black Congressional districts. The other Fourth Circuit nominee, Dennis Shedd, a federal judge in South Carolina, was a top aide to Senator Strom Thurmond. Both men have the support of Jesse Helms, who blocked all Clinton's North Carolina nominees to the Fourth Circuit on the ground that it didn't need any more judges. On the contrary, as a result of Republican obstructionism the federal courts have 100 vacancies and a backlog of 50,000 civil and 48,000 criminal cases at the district level. Now the brakes are off, and the GOP is rushing to pack the Fourth Circuit so it will remain a conservative bastion for years to come.
Two other Bush first-round nominees to the District of Columbia Circuit Court, Miguel Estrada and John Roberts, could shore up the GOP dominance of that body. Estrada is a Honduran immigrant who attended Harvard Law School. At age 39 he'll sit on a circuit with a tradition of promotion to the Supreme Court. Now a partner at Gibson, Dunn & Crutcher, he has left few footprints on the public record, but he's considered an Antonin Scalia clone. Roberts, a Washington lawyer, represents Toyota in a case challenging the Americans With Disabilities Act.
Among the women on Bush's list, Edith Clement, a federal judge in Louisiana and a member of the conservative Federalist Society, will add little diversity to the conservative Fifth Circuit. Defense lawyers consider her a hanging judge who always sides with prosecutors. And she has a record of "judicial junketeering"--accepting trips from conservative foundations and corporations that purvey a free-market economic philosophy.
For the Sixth Circuit, Bush nominated Jeffrey Sutton, also an active member of the Federalist Society, whose influence permeates the Administration's panel of judge-pickers. Sutton is a leader in the states' rights campaign and successfully argued a recent Supreme Court case that took away the right of disabled workers to sue state governments for discrimination.
The religious right will have a friend on the Tenth Circuit bench if the nomination of Michael McConnell, a University of Chicago-trained professor at the University of Utah College of Law, goes through. McConnell has argued pro-school prayer briefs before the Supreme Court and is antichoice.
The circuit courts are a crucial battleground in the Administration strategy of entrenching conservative policies in this country. As the Rehnquist Court steadily pares its docket--last year it issued only seventy-four signed opinions, compared with 107 in 1991-92--the circuit courts have become mini-Supremes, final arbiters on many important, enduring issues in their districts. Take the Fifth Circuit's drastic restriction of affirmative action in Hopwood v. Texas. The Supreme Court declined review, so that case is now the law in the three states (Texas, Louisiana and Mississippi) that make up the Fifth Circuit. The High Court also let stand the Sixth Circuit's decision in Equality Foundation of Greater Cincinnati, Inc. v. City of Cincinnati, which effectively ignored the Court's holding, in Romer v. Evans, that gays and lesbians may not be excluded from the protection of antidiscrimination laws. Greenville Women's Clinic v. Bryant, in which the Fourth Circuit upheld onerous state licensing requirements--which apply to no other physicians--for abortion providers, still stands.
Much has been made of the need for ideological balance on the Supreme Court, but the argument applies with equal force to the federal circuit courts. Democratic senators should not just play blue-slip politics--vetoing nominees from their state whom they oppose--they should insist on hearings to review the state of the appellate judiciary circuit by circuit. The goal should be an intellectually distinguished bench and, at least, an ideologically balanced one. Nominees should be approved or rejected in this context. Democrats must also demand a full-blown, in-depth examination of each nominee's record (if this is "Borking," make the most of it). Only those candidates should be confirmed who have demonstrated a commitment to protecting the rights of ordinary Americans against powerful institutions, whether government or private, and to our national ideal of civil rights, women's rights and individual liberties; who respect Congress's power to legislate to protect the health and safety of workers, preserve the environment and enforce antitrust law.
Republicans are already crying obstructionism, cynically ignoring their own blockade of centrist Clinton nominees. With the Administration's intentions now on the table, those who will be hurt most by them--minorities, women, working people, the elderly, environmentalists--should launch a missive attack on Senate minority leader Tom Daschle and the nine Judiciary Committee Democrats (who if they stay united have the power to thwart Bush's court-packing scheme) telling them to stand firm. (For information on what you can do, go to www.thenation.com.)
If all goes as the GOP has planned, George W. Bush will have on his desk by Memorial Day a $1.35 trillion tax bill that is wrongheaded and an utterly inequitable pander to the privileged. Every American should be clear about what this bill is: a blueprint that will define the political and social landscape we live in for decades to come. The immense tax cuts will not only disproportionately benefit the wealthy and increase the widening gap between rich and poor, they will also severely circumscribe the government's capacity to help improve the lives of all Americans. (As if to prove the point, the Senate Finance Committee voted out this tax giveaway the same day the Senate voted against increased funding for teachers to help reduce class size.) This downsizing--indeed, emaciation--of government is of course exactly what the right is aiming for. Grover Norquist, "field marshal" of the Bush tax plan, was quoted recently in these pages saying that his goal is "to cut government in half...to get it down to the size where we can drown it in the bathtub."
Under the plan, the 400 richest multimillionaires will receive tax breaks worth an average of $1 million a year. The poorest working families will get zip, even as the nation faces a growing investment deficit measured in children without healthcare, families without housing, overcrowded airports and neglected alternative energy and conservation. Senate "moderates" claim they improved the bill, which is true. Under the original Bush plan, 26 million children in low- and moderate-income families would get no benefit from the tax plan. Under the modified bill, that drops to 10.6 million. The $58 billion a year handed to the wealthiest 1 percent could be used to lift another 2 million children out of poverty, provide health insurance to 5.1 million uninsured children, fund universal preschool and expand childcare services to more than 9 million children--two-thirds of those eligible.
Besides being unfair, the bill, which stretches the cuts over eleven years rather than Bush's original ten, is dishonest--in reality a stealth raid on the Treasury. The Senate earlier voted to cut the Bush tax plan by 25 percent. To meet this, the Finance Committee simply backloaded the bill even more than originally planned--phasing in the full tax cuts later so they don't count under the ten-year limit used to estimate its costs. The $1.35 trillion giveaway balloons to $4.2 trillion in the next decade, after all the provisions kick in. It also calls for ending popular tax breaks in a few years--like the tax credit for research and development--in the confidence that no future Congress would choose to do so. Plus the bill is designed so that 40 million taxpayers will eventually be subject to the Alternative Minimum Tax, insuring changes that will add dramatically to the total cost. And the Republican Congress is just warming up: Even now the K Street lobbyists are cooking up ways to lard a minimum-wage-increase bill with fat corporate tax cuts.
Bush has peddled this tax cut as the elixir for a good economy and a bad one, for rising gas prices and declining stock prices, for small businesses and waitress moms. The repeal of the estate tax is shamelessly presented as a way to save family farmers, even though advocates cannot locate one farm that has actually been lost because of the tax. It's all hype, lies and distortion.
Remember--in 2002 and beyond--those responsible, from Bush to the Republican majority that marched lockstep in support, to the handful of Democratic renegades who provided the margin. They must be held accountable for this travesty.
I was driving my son to soccer practice not long ago, listening to a National Public Radio wrap-up of President Bush's first hundred days in office. My son, who was just a baby when Bill Clinton was elected, observed idly: "If Bush stays in office as long as Clinton did, I'll be almost 17 years old before we have someone new."
It was lucky I had both hands on the steering wheel. My heart began to pound, a foggy sense of doom misted my eyes, and random bits of Milton began to echo in my ears. "Help us to save free conscious from the paw/Of hireling wolves, whose Gospel is their maw," I muttered.
My son, oblivious, sat in the back seat playing with his calculator. "Only two thousand, eight hundred and twenty days to go, Mom."
No one on National Public Radio had been grim enough to look that far into the future; I guess they had their hands full trying to sort out the mess of the first three and a half months. But the thought that struck me hardest was: Strom Thurmond will be 106! (For unlike certain foolish prognosticators who would have him with one foot in the grave, I know Faustian fanoodling when I see it. That man is going to live forever.)
I was also thinking about all that Bush has undone in his first hundred days, then trying to multiply it by a factor of twenty-nine and two-tenths. I was envisioning a missile defense shield protecting Texas from attack by Northern liberals. I was seeing corporate lobbyists clinking flutes of champagne in the newly renamed ExxonMobil Bedroom of the White House. And I was imagining oil derricks pumping away on the front lawn of 1600 Pennsylvania Avenue, brought to you by Beautiful and Profitable America, the First Family's attempt to one-up Lady Bird Johnson. ("National treasures and effective resource management can coexist," Laura Bush would say with Jacqueline Kennedyesque breathlessness.)
Within the first hundred days and while media pundits were absorbed with wondering whether Chelsea Clinton had political aspirations, Colin Powell's son became head of the FCC. William Rehnquist's daughter was nominated for Inspector General with Health and Human Services. Antonin Scalia's son was made Solicitor of Labor. Clarence Thomas's wife was nominated for a top position in the Office of Management and Budget. And Strom Thurmond's son, only three years out of law school, was handpicked by Strom himself to be South Carolina's US Attorney.
At this rate, eight years from now Rudolph Giuliani's son will be our new Decency Czar, Newt Gingrich's fourth wife will head up the Compassionately Conservative Commission on the Alarming Breakdown of Family in the Inner City and Linda Chavez's favorite charitable donees will be directing the Spanish-for-the-House-and-Garden Literacy Campaign.
"That's sixty-seven thousand, six hundred and eighty hours more, Mom..."
In the first hundred days, the United States military had unfortunate accidents involving a Japanese fishing boat, a Chinese jet and, in Peru, a planeload of American missionaries. Salvadoran officials have alleged that USAID-funded relief organizations were dispensing help only to those traumatized earthquake victims who renounced Catholicism and took an evangelical Protestant Jesus Christ as their Lord and Savior. The White House offices on women and on race were abolished in favor of the Office of Faith-Based Initiatives. And the Supreme Court ruled that individuals do not have the right to sue under Title VI for de facto discrimination in the administration of federally funded programs.
Over the next few years, I fear whole "accidental" wars. I foresee Latin America having the most devout bread lines in the world. And I predict that the notion of equal opportunity will be used to prohibit race-, gender-, age- or disability-conscious contemplation of disparity in any public place at any time (unless you're a frat boy or professional athlete, in which case it will fall into the category of God-given free speech).
If Bush is elected (or whatever) for a second term, it will be the year 2009 before he's turned out to pasture. During the first hundred days, the United States was voted off the United Nations Commission on Human Rights. The Supreme Court upheld the right of police officers to arrest people for minor traffic violations. The American Bar Association--denounced by this Administration as too left-wing--has effectively been fired from its role in determining the fitness of nominees to the bench, while the ultraconservative Federalist Society has all but changed its name to the Federal Judiciary. Orrin Hatch has been suggested as an odds-on favorite for the Supreme Court. (I am trying hard not to think about what he will look like in a Justice's billowing black robes, waving that copy of The Exorcist to which he referred with such crazed eloquence during the Clarence Thomas hearings.)
In years to come, it is not hard to imagine Attila the Hun being denounced as too left-wing. We already have serious scholarly discussions about how to make public executions this nation's most civic-minded reality TV. Not a Survivor, I guess they'd have to call it. Taking the lead from People for the Ethical Treatment of Animals (who suggested that Timothy McVeigh make his last meal a vegan one so as to advertise their cause--McVeigh declined politely, saying time was too short to debate the matter further), I can see Kentucky Fried and Burger King having infinitely more luck with a catchy script like "In thinking about that all-important last meal when off to meet your maker..." Which I suppose is something we should all be thinking about inasmuch as the hole in the ozone seems to be growing in inverse proportion to the Bush Administration's commitment to clean air.
"Only four million, sixty thousand, eight hundred minutes left, Mom..." He'll be driving, I think. He'll be almost old enough to vote. And then, in his persistent, still-a-little-boy voice, I hear a gravitas he cannot fully grasp: "What comes after that?"
Industry has been doing all it can to keep an EPA report from being published.
President Bush's power to appoint judges is one he hardly deserves because of the way he achieved his office.
It's back to the future with the George W. Bush who is leading the nation--in the hard-edged style of the recent fiasco in Florida.
He's an archconservative who thinks big and knows how to get things done.
Perhaps I underestimate the joy of being given a silly nickname by the Leader of the Free World, but I'm having a hard time understanding why media big feet are so taken by the nation's new Charmer in Chief. Leave aside the extreme right-wing agenda he's pursuing when by any fair measure of voting he lost the election. Forget that he began his term by breaking his key campaign promises. And ignore his frequent and unapologetic lies about his commitment to bipartisan governance. What about the fact that, perhaps more than any President since Nixon, Bush holds the media and its denizens in utter contempt?
Take for example Bush's decision to appoint Otto Reich to head the Latin American office in the State Department. As Peter Kornbluh discusses elsewhere in this issue [see "Bush's Contra Buddies," page 6], Reich's job in the Reagan Administration was simply to lie to (and about) the media. He did it very well. According to Walter Raymond--the CIA propaganda specialist whom William Casey transferred to the National Security Council in order to circumvent the 1947 National Security Act, which restricted CIA involvement in domestic propaganda operations--the purpose of Reich's Office of Public Diplomacy was to "concentrate on gluing black hats on the sandinistas and white hats on the UNO [contras]." Staffed by senior CIA officials with backgrounds in covert operations, military intelligence and psychological warfare, the OPD offered privileges to favored journalists, placed ghostwritten articles over the signatures of contra leaders in leading opinion magazines and on Op-Ed pages, and publicized nasty stories about the Sandinistas, true or not. In its first year, it sent attacks on the Sandinistas to 1,600 college libraries, 520 political science faculties, 122 editorial writers, 107 religious organizations and countless reporters, right-wing lobbyists and members of Congress. It booked advocates for 1,570 lecture and talk-show engagements. In just one week of March 1985, the OPD officers bragged in a memo of having fooled the editors of the Wall Street Journal into publishing an Op-Ed about Nicaragua penned by an unknown professor, having guided an NBC news story on the contras and having written and edited Op-Ed articles to be signed by contra spokesmen, as well as having planted false stories in the media about a visiting Congressman's experiences in Nicaragua.
Among the OPD's lies were stories that portrayed the Sandinistas as virulent anti-Semites, that reported a Soviet shipment of MIG jets to Managua and that purported to reveal that US reporters in Nicaragua were receiving sexual favors--hetero- and homosexual--from Sandinista agents in exchange for pro-Communist reporting. That last lie, published in the July 29, 1985, New York magazine, came directly from Reich.
Perhaps OPD's most important effort was to convince Congress and the media of the contras' democratic bona fides. They did this by pretending that the men handpicked by North as front men were operationally in charge of contra political and military operations. In addition to signing the names of these men to fake Op-Ed articles, Reich and company coached them on how to lie whenever they were asked about being on the US government payroll, as well as about their aims for their US-funded armies. Together with top officials of the State Department, the CIA and the National Security Council, the OPD spent millions to paint civilians as the true leaders of the contras. The United Nicaraguan Opposition (UNO), founded in San José, Costa Rica, in June 1985, thanks in large part to the efforts of Oliver North, was designed to manufacture an acceptably "democratic" face for the contra leadership. According to a private 1985 memo by Robert Owen, North's liaison with the contras, the UNO was entirely "a creation of the USG[overnment] to garner support from Congress." Its leaders were "liars" and "greed and power motivated."
Reporting on Reich's appointment has been decidedly unsensational. The LA Times has ignored it. The New York Times and the Washington Post assigned to the story knowledgeable reporters who covered Central America, but the results reflected the strictures of journalistic objectivity as much as the outrageousness of Reich's activities. Raymond Bonner and Christopher Marquis wrote in the Times that "a government investigation concluded that Mr. Reich's office engaged in prohibited acts of domestic propaganda." (In a backhanded tribute to Bonner's brilliant Central American reporting of the 1980s, Reich called the Times editors with a vicious personal attack on the journalist hoping to get him taken off the story.) Karen DeYoung noted in the Post that the OPD "used what critics called legally questionable means to promote favorable publicity and political support for the U.S.-backed contras in Nicaragua in their war against the Cuba-backed Sandinista government." The Economist was even more generous, insisting that Reich "got marginally caught up in the Iran/contra scandal when his office was accused of engaging in covert propaganda activities to get Americans' support for the Nicaraguan contras." No major paper has yet addressed the issue in an editorial.
Most reports on the appointment have focused on it as payback to extremist Miami Cubans and brother Jeb for their instrumental role in helping Bush hijack Florida and hence the election. (Reich regularly likens Cuba to Auschwitz and to an antebellum slave plantation.) Perhaps it is. But Reich's appointment ought to be recognized as an intentional kick in the teeth to the media, as well as a testament to its lack of institutional memory.
When Kornbluh and Robert Parry first revealed the activities of the OPD in Foreign Policy magazine in 1988, Reich, according to a Boston Globe report, compared the fully accurate article to Hitler's "big lie" technique regarding the Final Solution. It's hard to imagine a more offensive manipulation of the murder of millions than using it to slander journalists and lie to the country about an illegal war--but hell, the Bush people are just getting started.
In early April an alert was sent out by a longtime oceans activist worried that the Bush Administration was about to reverse a program to establish marine protected areas. A number of green groups relayed the warning to their members. Within days Chris Evans, head of the Surfrider Foundation (made up of more than 26,000 environmentally concerned surfers), got a call from a top official at the National Oceanic and Atmospheric Administration begging him to stop jamming the communications system with protests. "You've made your point. Nothing's been decided yet," the official said.
Bush's hard line on the environment, including decisions on carbon dioxide, oil drilling, arsenic, mining, forests, oceans and energy, as well as budget cuts that target agencies like the EPA and the Interior Department and laws like the Endangered Species Act, is mobilizing the environmental movement in a broader, deeper way than has been seen since the first Earth Day thirty-one years ago. "Bush said he'd be the great uniter, and he's united the opposition nicely in these early days," claims John Passacantando, executive director of Greenpeace USA. "It's better than I've seen it in years."
And while the environmental movement--some thirty large organizations with close to 20 million dues-paying members, along with thousands of regional and local activist groups--is raising much the same alarm it did in 1981, at the beginning of the "trees cause pollution" Reagan era, and 1995, when the 104th Congress tried to gut keystone environmental laws, it's discovering that many more Americans--including suburban "swing voters"--now seem to be listening. Over the past three decades environmentalism has evolved from a social movement to a societal ethic.
EPA Administrator Christine Todd Whitman tried unsuccessfully to warn Bush that backing off his pledge to reduce global warming CO
Another moderate Republican loser is Fred Krupp, head of Environmental Defense, a group that promotes market-based solutions to environmental problems. By refusing to attack Bush's anti-environment nominees, like former lead lobbyist (now Interior Secretary) Gale Norton, ED hoped to position itself to become the author of a CO
While the Democrats' climate and energy proposals are only "a paler shade of brown," according to Sierra Club climate programs director Dan Becker, the Democrats have begun picking up on the growing public unease over Bush's green-bashing. On March 28 Senate minority leader Tom Daschle and House minority leader Dick Gephardt joined environmentalists for a rally and press conference, and three days later the Democrats dedicated their weekly radio address to going after Bush on arsenic in drinking water and other environmental issues. Among the most outspoken pols targeting Bush is Massachusetts Senator and presidential hopeful John Kerry, who has threatened to filibuster any effort to pass Arctic National Wildlife Refuge oil drilling. With a majority of Americans opposed to the drilling and Bush lacking the Senate votes needed for passage, enviros see a chance of turning caribou in the Arctic into an early and major policy defeat.
A greater challenge for the enviros will be sustaining public interest in the trench warfare that will continue on Capitol Hill and in federal agencies now filling up with former oil, mining, auto, timber and biotech lobbyists. One suggestion initiated by European Greens (reflecting the EU's disgust with Bush's sabotage of the Kyoto agreement) is a global boycott of a US oil company. Forced to unify and coordinate strategies, US enviros are also working more closely with labor, civil rights, feminist and public health groups on areas of common interest. (The way Congressional Republicans rammed through a reversal of ergonomic workplace rules, for example, was seen as a potential threat not only to worker safety but also to a host of environmental protection rules.)
This breaking down of issue barriers is also finding resonance among younger people entering the ranks of the movement. "What began in Seattle represents the next generation that cares about labor, safety, trade and very much about the environment and its global connections," says Greenpeace's Passacantando, who invited 225 college students to bird-dog the US delegation at the last climate talks in The Hague. "The game now is, How much can we hold Bush's feet to the fire?" With the President, Vice President and Commerce Secretary all veterans of the oil industry, the Greens ought to find plenty of fuel for their fire this Earth Day.
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.