One year after the story broke that a Navy SEAL team under his command
was involved in an atrocity during the Vietnam War, former Nebraska
Senator Bob Kerrey stood before a packed hall in lower Manhattan as the
keynote speaker at a three-day conference on human rights. The
conference--"International Justice, War Crimes & Terrorism: the
U.S. Record"--took place at New School University, where Kerrey is
president, and grew out of Kerrey's own suggestion that his experience
in Vietnam be turned into an "educational moment." On hand were an array
of prominent writers (David Rieff, Samantha Power), advocates (Aryeh
Neier, president of the Open Society Institute), public officials
(former UN ambassador Richard Holbrooke) and judges (Richard Goldstone,
former chief prosecutor at the international criminal tribunals for the
former Yugoslavia and Rwanda).
But while the conference featured lively panel discussions on important
subjects like prosecuting war crimes and responding to terrorism, Kerrey
was noticeably cagey when it came to discussing how his own experience
might shed light on America's culpability for human rights violations in
Vietnam. "When I said I hoped to turn my revelations last spring into an
educational moment," he announced, "I did not intend to meekly submit to
cross-examinations or self-indulgent one-sided criticism of US foreign
policy during the war in Vietnam."
Fair enough, but that is hardly what has happened in the year since
Gregory Vistica's excellent article on the incident involving Kerrey's
Navy SEAL unit appeared in The New York Times Magazine. Vistica
presented two conflicting versions of the incident in question.
According to Kerrey and five other platoon members, a group of
Vietnamese civilians was inadvertently killed following an exchange of
fire in the village of Thanh Phong, where US commandos were searching
for a representative of the National Liberation Front. According to the
more damning account of former Navy Seal Gerhard Klann, however--a
version corroborated by several Vietnamese survivors--roughly a dozen
women and children were lined up and executed at close range that night.
Five more civilians were killed at knife-point before the team had
reached the village.
When the story first appeared, the charges were deemed serious enough
that Human Rights Watch called on Defense Secretary Donald Rumsfeld for
an "urgent, thorough and independent inquiry" of the case. "For the US
to ignore allegations of grave breaches of the Geneva Conventions as
have been made in this case would seriously undermine efforts around the
world to enforce these essential standards," the organization stated.
Twelve months later, all talk of investigating the Kerrey incident has
evaporated. Kerrey, meanwhile, has continued to preside over the New
School, a university with a proud progressive history that has found
itself enmeshed in moral and political controversy. Dismayed that Kerrey
never told school officials about the operation until the story made
international headlines, the Graduate Faculty Student Union called for
him to step down. But the Board of Trustees stuck by him, and the
faculty wavered, issuing a statement that Kerrey's public acknowledgment
should serve as an occasion for the United States "to consider its own
record in Vietnam against the standards it imposes elsewhere."
At least some faculty members are now regretting that decision, for the
controversy about Kerrey's past has been compounded by growing rancor
over his vision of the New School's future. In March, Kenneth Prewitt,
the popular dean of the school's vaunted Graduate Faculty of Political
and Social Science, resigned after concluding that "the emphasis was on
revenue flows rather than building academic excellence." At a public
forum in March, Prewitt revealed that at one point a provost suggested
awarding cash bonuses to deans who increased the number of
tuition-paying students in their divisions, a notion Kerrey admitted was
his own "bad idea." Other faculty members believe Kerrey has not been
straightforward about the future of the university's core division, the
Graduate Faculty. In March the GF was informed it would have to cut its
budget by $5 million to become self-sustaining (virtually all doctoral
programs rely on subsidies from other divisions to stay afloat). When
Kerrey was questioned about his plans in the Times, he reversed course,
indicating that the subsidy might actually increase. At a faculty dinner
two nights later, an associate dean who asked whether this was true was
reportedly told by Kerrey not to believe everything he read in the
Such lack of forthrightness is reminiscent of Kerrey's handling of the
Vietnam story. When Klann's account first appeared, after all, Kerrey
did not flat-out deny it ("I'm not going to make this worse by
questioning somebody else's memory"), but he accused the media of
"collaborating" with those who want to believe the worst about America.
He expressed anguish and regret ("If I'd have lost both arms and both
legs and my sight and my hearing, it wouldn't have been as much as I
lost that night"). But he hired public relations adviser John
Scanlon--who orchestrated the campaign against tobacco industry
whistleblower Jeffrey Wigand (and has since died)--to spin the story.
In his keynote address, Kerrey did advocate more thorough training of US
troops in the laws of war, but he also complained that critics who harp
on Vietnam have made America excessively cautious about using force
Perhaps we should expect nothing different from a public figure whose
reputation is his livelihood. But many people do expect more from the
New School. "I really question the wisdom of the university leaders
here," said John Kim, an army veteran who attended the conference and
heads the New York chapter of Veterans for Peace. "If he had come out
openly and admitted his wrongdoing and apologized to the victims, I
would support him. But I think the trustees and students and faculty
should demand his resignation until there is an independent
investigation or he comes forward with a full admission of his role."
(Sung to the tune of "The Farmer and the Cowman" from Oklahoma!)
The Saudis and their oil rigs are our friends.
Oh, the Saudis and their oil rigs are our friends.
They can bomb us when they please, we need gas for SUVs.
We're infidels, but we can make amends.
Petrobusiness pals must stick together.
All the guzzlers' gas tanks must be filled.
We'll protect the Saudis' border
While they preach we should be killed.
They teach their kids the Protocols of Zion.
It's jail for women if their hair is showing.
They say that we're corrupt and that we're wicked.
We say, "Whatever. Keep that petrol flowing."
Petrobusiness pals must stick together.
All the guzzlers' gas tanks must be filled.
We'll protect the Saudis' border
While they preach we should be killed.
The Jenin refugee camp's jagged concrete hillside of
homes-turned-into-graves has yet to yield all its secrets.
The numbers and diversity of the April 20 protests in Washington
represented a giant step forward for the antiwar movement. The weekend's
events dealt a lethal blow to the notion--stoked by media and government
alike--that all Americans uncritically support George W. Bush's policies
and value Israeli lives more than those of Palestinians.
That morning activists held two antiwar rallies, each of which drew
thousands, almost within sight of each other. One, organized by ANSWER
(Act Now to Stop War and End Racism), was on the Ellipse, near the White
House. The other, sponsored by the National Youth and Student Peace
Coalition (NYSPC), among others, and perhaps misnamed "United We March,"
was held at the Washington Monument. Meanwhile, the Committee in
Solidarity for the People of Palestine protested the meeting of the
American Israel Public Affairs Committee (AIPAC) at the Washington
Hilton, while the Mobilization for Global Justice and numerous
anarchists protested the IMF/World Bank meetings.
In the afternoon, all the morning rallies converged in a march. "In the
end," said Erica Smiley of the Black Radical Congress Youth Caucus, "we
realized we were all fighting the same thing." That march ended in a
rally by the Capitol of 50,000 to 80,000 protesters by several
organizers' estimates, the largest pro-Palestinian gathering ever in the
United States. Middle Eastern families--women in headscarves, strollers
in tow--marched alongside pink-haired, pierced 19-year-olds. Samir
Haleem, a Palestinian-American veteran who wore a Palestinian kaffiyeh
and carried an American flag, said, "We have never seen so much support
for Palestine in this country. Today is a beautiful day."
The afternoon's unity was a triumph over deep divisions, which at first
glance looked like symptoms of that old left affliction, the narcissism
of small differences. While the various groups had originally been
planning events on different days in April, ANSWER moved its event to
April 20 to avoid the turnout disaster of competing marches. Why not,
then, hold one big rally and march? Student organizers cited many
reasons for their desire to maintain independence from ANSWER, including
the group's politics (it is closely related to the Workers World Party),
its undemocratic structure and its reputation for unattractive behavior,
including taking credit for work done by others. ANSWER organizers, for
their part, felt the student coalition was too slow to take up the
Jessie Duvall, a recent Wesleyan graduate who was organizing the NYSPC
rally, said diplomatically that the separation of the two rallies was
"important for the integrity of both coalitions." ANSWER's rally--and
pre-rally publicity--focused entirely on Palestinian solidarity, and it
drew thousands of Middle Eastern immigrants, many of whom came on buses
sponsored by their mosques. By contrast, while most speakers at United
We March addressed the plight of the Palestinians, the pre-rally
publicity emphasized the coalition's founding concerns: Bush's "war on
the world" and its effects at home, particularly on students and young
people, who dominated the crowd.
The students' fears about ANSWER turned out to have been well founded.
"I'll make a deal with you," said an ANSWER organizer at the Capitol
rally to Terra Lawson-Remer of Students Transforming and Resisting
Corporations (STARC), who was coordinating media outreach for the NSYPC
event. "We won't play the Mumia tape again"--ANSWER had already
broadcast a taped speech by Mumia at the Ellipse--"if you'll tell the
press we had 150,000 people here." Lawson-Remer was in a bind; she
didn't want them to carry out this threat, but she believed the turnout
was in the 50,000 to 75,000 range. The ANSWER organizers pressed the
point, arguing that whatever they said, the media would report fewer.
This was not a difference of opinion about the truth. "It's not about
accuracy. It's about politics. It's not about counting," said ANSWER's
Tony Murphy condescendingly. "It's us against them. [The pro-Israel]
demonstrators had 100,000 here last week." (Responding to a web version
of this article, ANSWER's legal counsel called this account a
"disgusting fabrication," but I can attest to its accuracy because I was
ANSWER is notorious for inflating its demonstration numbers--and
clearly, its organizers don't play well with others. Yet they are also
very good at calling a rally on the right issue at the right time and
publicizing it widely. Both coalitions played an essential role in
attracting very different constituencies, and turnout far exceeded
expectations. Organizers on both sides acknowledge that working together
was difficult, and neither looks forward to doing it again. But to build
on April 20's momentum, activists may have to live with such alliances
and, of course, enter into others.
Organized labor's absence from the weekend's events was hardly
surprising; most of the events were antiwar in focus, and the mainstream
labor movement supports George W. Bush's foreign policies. But in
September, when anti-IMF/World Bank activists plan a large-scale protest
around those institutions' meetings, labor and globalization radicals
will have to work together.
The weekend also highlighted the growing Palestinian solidarity
movement's need to distance itself from the anti-Semitism of its most
ignorant adherents. STARC's Lawson-Remer, who is Jewish, says of some
pro-Palestinian activists: "Their attitude toward me makes them as bad
as Bush." In the middle of our conversation, I looked up and saw a sign
that said "Chosen People": It's Payback Time. Some demonstrators' signs
bore swastikas and SS symbols--intended to draw parallels between Hitler
and Sharon, but easily construed as pro-Nazi.
Given these problems, the presence of Jewish protesters who stressed
their own identity was all the more important. On Monday evening, when
some 4,000 people gathered to protest the AIPAC meeting (addressed by
Sharon via satellite), many carried signs with messages like Jews
Against the Occupation and I Am Jewish and AIPAC Does Not Speak for Me.
Despite the squabbling and the dearth of media coverage, the success of
A20 should be heartening to the antiwar movement. Lawson-Remer says,
"This is such a demonstration that the consensus is not what they say it
is." Marching down Pennsylvania Avenue, Latifa Hamad, a middle-aged
Palestinian woman wearing traditional head-to-toe coverings agreed,
saying simply, "We needed something good."
Nothing is more to be despised, in a time of crisis, than the affectation of "evenhandedness." But there are two very nasty delusions and euphemisms gaining ground at present. The first of these is that suicide bombing is a response to despair, and the second is that Sharon's policy is a riposte to suicide bombing.
Earthquake. Cataclysm. Electroshock. The 9/11 of French politics.
These were the recurring terms that established political leaders of
both left and right used to characterize the April 21 presidential
elections in France--in which nearly one in five voters cast
their lot with the two neofascist parties of the extreme right, and
racist National Front leader Jean-Marie Le Pen edged past Socialist
Prime Minister Lionel Jospin to become the sole candidate against
conservative President Jacques Chirac in the May 5 runoff. How did it
With opinion polls showing throughout the campaign that between
two-thirds and three-quarters of the electorate could find no difference
between the programs proposed by Chirac and Jospin, the elections
represented a stunning rejection of the French political establishment.
Roughly a third of the electorate (28.8 percent) abstained--a record in
France--or cast blank ballots. Only half of those who did vote supported
the governing parties of the traditional left and right. The rest voted
for one of the protest candidates in the field of sixteen, including
three Trotskyists; a candidate claiming to represent the interests of
rural France; an antihomosexual demagogue of the Catholic right; and the
two neofascists, Le Pen (who got 16.9 percent) and Bruno Megret (the
former Le Pen lieutenant whose tiny MNR Party got 2.35 percent). Thus,
two-thirds of the voters rejected the perceived stasis of politics as
It's important to remember that these elections took place against the
backdrop of the ongoing, hydra-headed political corruption scandals
making headlines for a decade, which have revealed that all the major
parties with the exception of the Greens--the Socialists and Communists
as well as the conservatives--were involved in highly organized systems
of bribes and kickbacks on the letting of government contracts, with
secret corporate contributions, laundered money and Swiss bank accounts.
In this context of massive voter alienation, it is the defeat of the
governing left that stands out. Only 195,000 votes separated Le Pen from
Jospin, but as Serge July editorialized in Libération,
"the left defeated the left." A bit of history: When the Socialist
Jospin--with the support of the Greens, the Communists and two tiny left
parties--lost the 1995 presidential runoff to Chirac, he obtained 44
percent of the vote, which represented the maximum strength of the
united left. After leading his "plural left" coalition to victory in the
1997 parliamentary elections, Jospin as prime minister dedicated himself
to finding the 6 percent of votes he needed to eventually win the
presidency by governing to the center-right on economic matters.
Jospin's austere, technocratic style of governance created legions of
the disaffected among "le peuple de gauche" (the left-identified
electorate), all the more so when he appeared impotent in the face of
industrial plant closings by multinationals with rich profit margins,
which threw tens of thousands of workers into the streets. Le Pen, who
blames the immigrants for unemployment and high taxes, got twice as many
working-class votes as Jospin did this time around, according to exit
polls. Jospin, who proclaimed early this year that his was "not a
Socialist program," was further undercut when the two most significant
Trotskyist candidates garnered a surprising 10 percent of the vote.
Chirac succeeded in making "insecurity"--the French code-word for crime,
blamed largely on immigrants--the central issue of the campaign, and
Jospin played into voters' fears on this issue by repeatedly claiming
that Chirac had "copied my program." Both Chirac and Jospin thus
legitimized the central discourse of Le Pen, whose law-and-order
immigrant-bashing has long been his staple stock in trade; and, as Le
Pen never stopped proclaiming, many voters "prefer the original to the
photocopy." September 11 only heightened fear of the immigrant Arab
population, as did the recent wave of violent anti-Semitic incidents by
French-Arab delinquents in the wake of the Israeli war in Palestine (303
in March alone). Le Pen's victory reflected the growing, Continent-wide
wave of racism that has led to startling breakthroughs by the xenophobic
extreme right, whose parties now participate in the governments of
Italy, Denmark, Portugal and Austria.
Although the parties of the French "plural left" lost 1.5 million votes
this time compared with their 1995 first round score, the traditional
right lost more: 3,846,000. France's president is relatively powerless,
and the real test of political strength will come in the two-stage
parliamentary elections on June 9 and 16. The left could well win these
elections if the National Front achieves the 12.5 percent
district-by-district threshold to stay on the ballot in the second round
of voting and divides the conservative vote. The Communists and the
Greens have already agreed to join the Socialists in supporting united
candidacies of the left in swing districts. Many of those who cast
protest votes for the Trotskyists to pressure the "plural left" back to
the left will return to the fold and support them. Meanwhile, Chirac has
just created a new formation, the Union for a Presidential Majority, to
run unified conservative candidates in June--but so far two smaller
parties in Chirac's coalition (they got 10 percent of the vote in the
presidential first round) are balking at joining. Whoever wins in June,
the incoming government will have to work creatively to heal the social
and racial fracture the presidential election revealed--and to stop the
racist virus from spreading even further.
As Afghanistan struggles to recover, the United States prepares to move on.
Hostility to the Palestinians has all but evaporated, thanks to Sharon's war.
I am beginning to suspect that Nation readers may not fully appreciate the challenges Attorney General John Ashcroft faces. What would you do in his place? Your intelligence agencies had no advance knowledge of the September 11 plot and don't appear to know much more about future attackers. Airport security screeners are letting test bombs and guns pass at alarming rates, and your immigration agency is so hapless that it issued visa extensions to two of the hijackers six months after they died flying planes into the World Trade Center towers. When you consider the threat from their side and the incompetence on ours, it's understandable that Ashcroft has cast his net so wide. He's shooting in the dark. In fact, the expanse of his net is probably inversely proportional to the depth of the intelligence he has received.
But just as with the terrorists themselves, understanding Ashcroft's motives does not justify his actions. To date, despite the thousands of Arab and Muslim immigrants arrested, searched, profiled and questioned, Ashcroft has charged only a single person--Zaccarias Moussaoui--with any involvement in the attacks of September 11. And he was arrested before the attacks occurred. Such broad-brush tactics are unlikely to succeed, for they give notice to potential targets, allowing them to evade detection while alienating the very communities we must work with to identify potential threats who may be living among them.
Ashcroft has shown no signs of getting closer to his target. And the less he finds, the wider he sweeps. He recently announced that he was extending to 3,000 more people his much-criticized initiative to subject male immigrants from Arab countries to "voluntary" interviews, despite the fact that the initial interviews have led to no further charges in the investigation. And having learned how easy it is to use immigration law as a pretext for criminal law enforcement when you lack probable cause, the Justice Department is now preparing to enlist local police officers to help enforce immigration law, a disastrous proposal likely to drive immigrant communities even deeper underground.
The lengths to which Ashcroft will go was revealed most recently by his indictment of Lynne Stewart, a 62-year-old New York attorney who has made a career of courageously taking on clients for whom few other lawyers are willing to risk their reputations. Her most notorious such case was defending Sheik Omar Abdel Rahman in his 1995 criminal trial for conspiring to bomb the tunnels into Manhattan. Now she's charged with providing "material support" to the sheik's organization, the Egypt-based Islamic Group, largely by abetting communications between the sheik--whom prison regulations prohibit from communicating with virtually anyone in the outside world--and others in the group.
The government simultaneously announced that it will make Rahman its test case for its unprecedented initiative to listen in on attorney-client communications. Confidential exchanges with lawyers have long been sacrosanct, because they are critical to any fair legal process. In the past, they could be intruded upon only with a warrant based on probable cause that the communications were intentionally furthering criminal activity, but the new regulations permit monitoring without a warrant or probable cause. But under regulations issued after September 11, the government claims the authority to monitor attorney-client communications without establishing probable cause for believing that the communications are being used for illegal ends, and without obtaining authorization from a judge.
Most troubling, Ashcroft is prosecuting Stewart although she has not been charged with furthering any illegal or violent activity of the Islamic Group, a wide-ranging Islamic political movement that engages in a great deal of lawful activity in addition to terrorism. While many have criticized the government for targeting a lawyer, of far more concern is its criminalization of speech and associations having no connection to terrorism. Unable to link Stewart to any actual terrorist activity in any way, Ashcroft has resorted to guilt by association. As a US citizen, Stewart will at least have an opportunity to defend herself in a public trial. Not so the hundreds of noncitizens still being detained on immigration charges in connection with the September 11 investigation, many long after their immigration proceedings have concluded. Under orders from Ashcroft, they are being tried in secret proceedings closed to the public, press, legal observers and family members.
In a major setback for the Ashcroft agenda, US District Judge Nancy Edmunds on April 3 declared the closed proceedings unconstitutional. She ruled that open trials are a fundamental feature of our justice system and that any closure must be carried out not in the sweeping manner that Ashcroft so favors but through means narrowly tailored to protect national security interests. The government has appealed, arguing that to act in a more narrowly tailored fashion might tip off Al Qaeda to what we do and don't know. But one has to wonder whether the government's real concern isn't that opening the proceedings might tip off the public to just how wildly John Ashcroft is shooting in the dark.
Only the blind or those who diplomatically avert their eyes could not see the purpose of Israel's systematic destruction of Palestinian Authority offices and those of numerous cultural and civic NGOs with no connection to the intifada. Serge Schmemann writes in the New York Times of the damage inflicted on ministries in Ramallah, including "a systematic effort by the Israeli Army to strip institutions of the Palestinian Authority of as much data as possible." An "administrative massacre," one Palestinian called it. Sharon's goal has been laid bare, like those bulldozed homes in Jenin: to destroy Yasir Arafat, the Palestinian Authority and indeed all political life in the occupied territories, thus realizing the right's dream of "Greater Israel."
Against the backdrop of Sharon's scorched-earth invasion, there was an air of unreality about Secretary of State Colin Powell's diplomatic mission to the region. The trip ended as it began, with no forceful action or statements by Powell, and no sense that he had achieved anything other than buying time for the Israeli army to continue its incursions into the West Bank. Sharon's brushoff of George W. Bush's hollow demands that he end Operation Defensive Wall without delay made it seem that the President was calling in from some parallel universe. Sharon can read the Washington political winds--the Administration's essential tolerance of his "war on terrorism" and its aversion to pressuring him by cutting off the military aid that paid for those Apache helicopters and F-16s that pounded Jenin refugee camp into a humanitarian disaster. How could Sharon perceive otherwise, given the Likudnik sympathies of Bush's national security and Pentagon staff, the near-unanimous Congressional backing for Israel's hard-line policies, the influential neocon and Christian right publicity offensive against pressuring Sharon and the sight of US legislators entertaining the archfoe of any negotiations with the Palestinians, Benjamin Netanyahu?
Yet there are still principled and pragmatic voices of peace in Israel, like the brave journalist Amira Hass, who derided the Israeli obsession with Arafat (trapped in his offices, unable even to flush the toilet, let alone stop the terror, in the words of a Palestinian official) or the veteran Israeli peace activist Uri Avnery, who pointed out that "the more fighters and suicide bombers are killed, the more fighters and suicide bombers are ready to take their place.... Thus Sharon and his chief of staff, Shaul Mofaz, create the terrorist infrastructure." And there are the members of the Israeli-Palestinian Peace Coalition, led by Yasir Abed Rabbo and Yossi Beilin, who are experienced negotiators striving to keep lines of communication open between the two peoples. These and the civil society groups in Europe and America bearing witness for peace in the area are keeping the flame of hope alive. The elements of a political settlement now exist. The International Crisis Group has suggested an externally imposed solution within the parameters discussed at Taba in January 2001. If the Palestinians are to disavow violence, there must be a real pullback of Israeli troops in return, and a US blueprint for a final political settlement enforced by international monitors.