The Serpent on the Staff.

“As a society, we trust doctors to be more concerned with the pulse of their patients than the pulse of commerce. Yet the American Medical Association is using that trust to try to block a robust public insurance option as part of health reform. In fact the A.M.A. now represents only 19 percent of practicing physicians…Its membership has declined in part because of its embarrassing historical record: the A.M.A. supported segregation, opposed President Harry Truman’s plans for national health insurance, backed tobacco, denounced Medicare and opposed President Bill Clinton’s health reform plan.

And don’t forget Sheppard-Towner: In his column this week, Nicholas Kristof take aim at the powerful American Medical Association. “‘They’ve always been on the wrong side of things,’ Dr. Scheiner told me, speaking of the A.M.A. ‘They may be protecting their interests, but they’re not protecting the interests of the American public.‘”

A Brooklyn Scorcher.

“It’s worth remembering how Vincent Canby began his review on June 30, 1989, in the New York Times: ‘In all of the earnest, solemn, humorless discussions about the social and political implications of Spike Lee’s Do the Right Thing, an essential fact tends to be overlooked: it is one terrific movie.’

In The Root, Henry Louis Gates reflects on the 20th anniversary of Do the Right Thing, and checks in with Spike Lee on the film. “None of us back then could possibly have imagined all that has transpired for our people, and for this country, in the intervening two decades: a black prince and princess so elegantly sitting up in the White House, and their very first date was in a movie theater in 1989, watching–what else? Do the Right Thing.

Hoop Dreams in the District.

“The games are fluid. There’s a good energy on the court. People talk on defense. When Salazar finally gets in, it’s obvious he is actually pretty athletic, and he has a lot of hustle. He’s not easy to cover. Someone yells, ‘Who’s got Secretary?’” By way of a college friend, ESPN looks at Pres. Obama’s “Power Game,” and the ensuing newfound popularity of hoops in DC. (Apparently, in the Big Game, they don’t call fouls, but rather chalk them up as “enhanced defensive techniques necessary to Keep Our Lane Safe.” [Rimshot] Thanks, I’ll be here all week, be sure to tip your waiters.)

Anyway, the last time I lived in DC it was generally pretty easy to find a court on a weekend — We usually set up shop on either end of Adams-Morgan (or later, after I moved to VA, right down by the King Street metro), and the other folks playing/waiting to play were locals of some variety, not just aspiring politicos. I did occasionally play in one “power game” of sorts back then, which involved a number of folks from a liberal-minded journal of some repute. It was probably the most Type-A athletic endeavor I’ve ever been involved in, and that’s coming from a guy who played high school sports in the South and spent four years among Ivy League rowers. With all due respect, I prefer the random pick-up games, I think.

Tehran v. Twitter.

“‘The Iranian government must understand that the world is watching,’ Obama said in a written statement. ‘We call on the Iranian government to stop all violent and unjust actions against its own people.’

As protests — and violence — escalate in Tehran after last week’s dubious election returns, the world increasingly looks to social networking sites to ascertain what’s really going on in the streets. The revolution may not be televised, but — so far at least — it seems to be managing quite well with Twitter: “This is a country where you have tens of thousands of bloggers, and these bloggers have been in a situation where the Internet has been filtered since 2004. Anyone worth their salt knows how to find an open proxy [to get around government firewalls and filters], knows how to work around censorship…The Iranian government, by filtering the Internet for so long, has actually trained a cadre of people who really know who to get around censorship.

Update: Over at Salon, Iranian-American journalist Hooman Majd (who’s making the rounds — I saw him on the Lehrer News Hour yesterday as well) argues that the role of social networking has been vastly overstated: “More people have access to the Internet in Iran than other Middle Eastern countries but often it’s dial-up, it’s slow, they don’t do it like we do all day long…The depiction of the Internet revolution isn’t quite accurate. We’re putting our own image onto Iran. Of course there are people Twittering from the demonstrations; they’re just not representative of the vast majority of Iranians. What was so heartwarming about this whole thing is that the Iranian people stood up in mass and said you can’t take this away from us.

Roberts et al, meet Sotomayor.

“I chose to be a lawyer and ultimately a judge because I find endless challenge in the complexities of the law. I firmly believe in the rule of law as the foundation for all of our basic rights…Mr. President, I greatly appreciate the honor you are giving me, and I look forward to working with the Senate in the confirmation process.” Hearkening back to the pragmatists once again — “For as Supreme Court Justice Oliver Wendell Holmes once said, the life of the law has not been logic, it has been experience” — President Obama chooses Judge Sonia Sotomayor as Souter’s replacement on the Court. [Wiki]

Naturally, conservatives are getting their opposition ducks in a row (with some help from Jeffrey Rosen’s recent dubious hit piece in TNR.) “But some Senate GOP officials privately conceded that, barring a major stumble, the judge will probably be confirmed with relative ease. ‘You don’t have to be a rocket scientist to figure out that we need to tread very carefully,’ said John Weaver, a Republican political consultant who advised Sen. John McCain (R-Ariz.) for years. ‘The only way we’ll find ourselves in a political predicament is if we don’t treat her with the same respect that other nominees received.’” Yeah, good luck with that.

In any case, early word on Judge Sotomayor is that she is very far from the liberal activist of right-wing nightmare, but rather a “highly capable technocrat,” and exactly the sort of hypercompetent and moderate — perhaps to a fault — pick one would expect from this president. “‘She’s a lawyer’s lawyer,’ said Paul Smith, a partner at Jenner & Block who participated in the call…She’s a cautious lawyer…who was a corporate lawyer herself…She reads statutes narrowly.

Not this time, Luthor.

“Any legitimate terror suspect, she said, would almost certainly be held in remote, high-security ‘supermax’ federal prisons, which are already home to convicted terrorists like British shoe bomber Richard Reid and Zacarias Moussaoui, the alleged 20th hijacker of the Sept. 11, 2001, terrorist attacks. That’s what these prisons are designed for.” The WP’s Dan Froomkin surveys the most recent idiocy being spouted by Republicans — as well as FBI director Robert Mueller and far too many Senate Democrats: that moving detainees from Gitmo into maximum security prisons would represent a clear and present danger to the republic. (As always, see also Glenn Greenwald on this ridiculous subject.)

I’m unclear as to what the GOP thinks will happen if we move these detainees into our regular prison system (other than that it’ll probably be harder to waterboard them.) What kind of fantasyland do these yokels reside in? These detainees aren’t Lex Luthor or the Joker. They have no vast army of misguided goons waiting to help them in the Big House. (In fact, I think they’ll find they don’t have much in common with your run-of-the-mill hard time lifer.) Nor have they concocted any diabolical master plans to escape from these extremely secure institutions. Newsflash: Those supercriminal types you read about in comics don’t actually exist. (And, while we’re debunking conservative fantasies, forget what you saw Jack Bauer do: “ticking time bomb” scenarios don’t in fact happen either, and, even if they did, torture is in no way effective as a means of obtaining the information you’d need. Not that its efficacy matters anyway, because it’s a war crime regardless.)

Absurd. Blatantly absurd. And altogether irritating that, once again, too many Democrats in Congress are not only taking these inchoate lunacies seriously, but grimly echoing them as if there’s even a modicum of sound reasoning going on here. Can these conservatives and their Dem enablers distinguish between the Real World and their bizarre, half-baked realm of nightmares anymore? At this point, I half-expect Chuck Grassley and Harry Reid to tell me they’re imprisoning Zubadayah, Khalid Sheikh Mohammed, et al in a pane of glass and shooting them into the far reaches of space. I mean, it worked for General Zod in Superman II, right?

A Consumers’ Republic.

“The Federal Reserve was supposed to do this, but they were asleep at the switch.” In light of recent shenanigans, the Obama administration contemplates creating a new regulatory commission for the financial services industry. “Responsibility for regulation of consumer financial products is currently distributed among a patchwork of federal agencies. Some of these regulators regard consumer protection as a low priority. And some financial products are not regulated at all. The proposal could centralize enforcement of existing laws and create a vehicle for imposing tougher rules.” Sounds alright by me.

Plastic Surgery.

“‘This is landmark legislation that is going to make the credit card marketplace more transparent and more fair for millions of consumers,’ said Travis B. Plunkett, legislative director for the Consumer Federation of America. ‘In particular, it’s going to prevent credit card companies from suddenly and unjustly increasing interest rates which is pushing many consumers with credit card debt into bankruptcy.’” The Senate passes legislation aimed at reining in the more blatant and arbitrary instances of credit card usury by a vote of 90-5, with a bill expected on President Obama’s desk by Memorial Day.

This sounds like a clear step in the right direction…but funny how times change, isn’t it? It doesn’t seem like all that long ago that many of these same Senators passed the 2005 bankruptcy bill, which dug the financial hole deeper for millions of Americans in the name of an easy buck for the credit card industry. Better late than never, I suppose.

Onward, Christian Soldiers.

“To paraphrase Al Pacino in ‘Godfather III,’ just when we thought we were out, the Bush mob keeps pulling us back in. And will keep doing so. No matter how hard President Obama tries to turn the page on the previous administration, he can’t. Until there is true transparency and true accountability, revelations of that unresolved eight-year nightmare will keep raining down drip by drip, disrupting the new administration’s high ambitions.” In today’s NYT, Frank Rich makes the case for a full investigation into Dubya-era crimes (as, in a switch, does Maureen Dowd — with some unattributed help from TPM’s Josh Marshall.)

Also linked in Rich’s piece is a damning profile of Donald Rumsfeld’s tenure at Defense by GQ’s Robert Draper, which happens to include these bizarre and, diplomatically speaking, blatantly idiotic Christian-minded cover sheets created especially for Dubya’s briefings. “This mixing of Crusades-like messaging with war imagery, which until now has not been revealed, had become routine…At least one Muslim analyst in the building had been greatly offended; others privately worried that if these covers were leaked during a war conducted in an Islamic nation, the fallout–as one Pentagon staffer would later say — ‘would be as bad as Abu Ghraib.’ But the Pentagon’s top officials were apparently unconcerned about the effect such a disclosure might have on the conduct of the war or on Bush’s public standing…Rumsfeld likely saw the Scriptures as a way of making a personal connection with a president who frequently quoted the Bible.

The Ghosts of Ford and Bourne.

As most everyone keeping up on current events these days knows, the people around the president, as well as the president himself, spend a good bit of time emphasizing the pragmatic nature of this administration. One senior administration official recently deemed the president a “devout nonideologue”, and Obama himself has argued several times that he aims to tackle the myriad problems before us with a “ruthless pragmatism.” Now, we’ve seen nothing to indicate that Obama’s pragmatic nature is an act. If anything, from installing Sen. Clinton as his Secretary of State to keeping Sec. Gates at Defense, it’s clear that pragmatism, accommodation, and inclusiveness are his temperamental instincts as a politician. Nevertheless, it’s also clear that comparisons to Franklin Roosevelt, and the “bold, persistent experimentation” Roosevelt promised in 1932 — and subsequently followed through on over the course of the decade — aren’t entirely undesired by the White House.

Well, I’ve been traveling over the past few days, and thus haven’t been following the news as closely as usual. Still, even given President Obama’s health care announcement on Monday (highly reminiscent of the NRA in that it purports to let the big players in the health care industry help write the codes, so to speak) and the welcome declaration on Wednesday that the administration would soon seek a new regulatory apparatus for derivatives markets, Franklin Roosevelt was not the first president that came to mind as a point of reference for Obama this week.

No, that would be Gerald Ford, who, most historians agree, was an honorable man thrust into a thorny dilemma by the crimes of his predecessor, and who grievously hamstrung his own brief administration by deciding to pardon Richard Nixon. And now, it seems, history gets dangerously close to repeating itself. For, it’s moved beyond obvious that the Dubya administration not only willfully engaged in torture — clearly, bad enough — but did so to compel false confessions of an Iraq-9/11 connection that they knew never existed. And yet, we’ve already witnessed the ungainly sight of President Obama equivocating on the question of prosecutions in the name of some dubious “time for reflection, not retribution.” (Never mind that, as President Obama reminds us on other matters, wounds, like corruption, fester in the dark.)

This week, President Obama has compounded his recent error — twice. In the first of two eleventh-hour reversals, Obama — who has promised us “an unprecedented level of openness in government” many times over — instead chose to side with the publicists of the Pentagon and block the court-ordered release of new photographs detailing detainee abuse: “‘The publication of these photos would not add any additional benefit to our understanding of what was carried out in the past by a small number of individuals,’ Obama said yesterday. ‘In fact, the most direct consequence of releasing them, I believe, would be to further inflame anti-American opinion and to put our troops in danger.‘” (How bad are they? If Sy Hersh is correct, and there’s no reason to think he isn’t, they could be very, very bad.)

Then, today, the Obama administration announced they will continue using extra-legal military tribunals, not federal courts or military courts martial, for Gitmo suspects. “‘Military commissions have a long tradition in the United States,’ said Obama in a statement. ‘They are appropriate for trying enemies who violate the laws of war, provided that they are properly structured and administered.’” (The key line of the WP story: “In recent weeks, however, the administration appears to have bowed to fears articulated by the Pentagon that bringing some detainees before regular courts presented enormous legal hurdles and could risk acquittals.)”

Obama’s statements aside, the arguments — re: excuses — in favor of blocking the release of these no-doubt-horrifying photos and maintaining extralegal tribunals — now with 33% less illegality! — are the thin gruel you might expect. The WP’s Dan Froomkin already eviscerated the former quite devastatingly, while Salon‘s Glenn Greenwald, laudable as usual, has taken point on the idiocy of the latter: “[W]e’ll give due process as long as we’re sure we can win, and if we can’t, we’ll give you something less.” In both cases, the principle animating the advice given to President Obama seems mainly to be the usual self-serving, CYA behavior of Dubya holdovers at the Pentagon.

But that doesn’t absolve President Obama of his failures here. For whatever reason — perhaps he’s trying to smooth things over in these areas so he can focus on the considerable domestic problems on his plate — Obama is increasingly making the exact same mistake as Gerald Ford. As other commentators have pointed out, by shoving the rampant illegalities of the GWoT under the rug — or worse, perpetuating them — Obama is dangerously close to making his administration retroactively complicit in the crimes of the previous administration.

Now, I’d like to move on to fixing the economy and universal health care — not to mention voting, lobbying, and campaign finance reform — as much as the next guy., But sidestepping the tough choices on torture and the imperial presidency, as Paul Krugman (whom I’ve had issues with but am in complete lockstep with here) noted a few weeks ago, is simply not an option, if we are to maintain anything resembling our national soul after this egregious wallowing in torture and illegality.

Speaking of which, a quick comment on the emerging question of what and when Speaker Pelosi knew about torture (which the Republicans have shamelessly latched onto like a life raft — see in particular Karl Rove frantically pointing at her to save his own skin the other day. You can almost smell the desperate flop sweat exuding from his every pore.) Well, let’s look into it. Commissions, investigations, prosecutions — let’s quit screwing around and start getting to the bottom of this fiasco. I can’t believe I have to keep writing this like it’s even a bone of contention, but look: If we can’t get it together enough to collectively agree that torture is both immoral and illegal, and that those who designed and orchestrated these war crimes during the Dubya administration be subject to investigation, prosecution, and punishment, then we might as well call this whole “rule of law” thing off. As ethicist David Luban noted yesterday in congressional testimony, the relevant case law here is not oblique. Either the laws apply to those at the very top, or they don’t — in which case, it’s hard to see why anyone else should feel bound to respect them either.

Which brings me back to pragmatism. Hey, in general, I’m all for it, particularly when you consider all the many imbecilities thrust upon the world by the blind ideological purity of the neocons of late. But, let’s remember, the limits of pragmatism as a guiding national philosophy were exposed before all the world before Obama, or even FDR, ever took office. When, after several years of trying to stay well out of the whole mess, Woodrow Wilson entered America into World War I in 1917, the very fathers of Pragmatism, most notably philosopher of education John Dewey, convinced themselves war was now the correct call and exhorted their fellow progressives, usually in the pages of The New Republic, to get behind it. (Many did, but others — such as Jane Addams and Nation editor Oswald Villard — did not.) War went from being a moral abomination to a great and necessary opportunity for national renewal. Given it was a done deal, the pragmatic thing to do now was to go with the flow.

Aghast at this 180-degree shift in the thinking of people he greatly admired, a young writer named Randolph Bourne called shenanigans on this “pragmatic” turnaround, and excoriated his former mentors for their lapse into war fervor. “It must never be forgotten that in every community it was the least liberal and least democratic elements among whom the preparedness and later the war sentiment was found,” Bourne wrote. “The intellectuals, in other words, have identified themselves with the least democratic forces in American life. They have assumed the leadership for war of those very classes whom the American democracy had been immemorially fighting. Only in a world where irony was dead could an intellectual class enter war at the head of such illiberal cohorts in the avowed cause of world-liberalism and world-democracy.

Now, you’d be hard-pressed to find a bigger cheerleader for the progressives than I. But the fact remains that Bourne, who perished soon thereafter in the 1918 influenza epidemic, was prescient in a way that many of the leading progressive thinkers were not. The emotions unleashed by the Great War and its aftermath (as well as the sight of the accompanying Russian Revolution) soon fractured completely the progressive movement in America, and proved exceedingly fertile soil for the reascendancy of the most reactionary elements around. (Back then “Bolshevik” and “anarchist” were preferred as the favorite epithets of the “One Hundred Percent American” right-wing, although “socialist,” then as now, was also in vogue. At least then they had real socialists around, tho’.) And the pragmatic writers and thinkers of TNR, who thought they could ride the mad tiger through a “war to end all wars,” instead found their hopes and dreams chewed up and mangled beyond recognition. They wanted a “world made safe for democracy” and they ended up with the Red Scare, Warren Harding, and an interstitial peace at Versailles that lasted less than a generation.

The point being: however laudable a virtue in most circumstances, pragmatism for pragmatism’s sake can lead one into serious trouble. And, as a guiding light of national moral principle, it occasionally reeks. As Dewey and his TNR compatriots discovered to their everlasting chagrin, you can talk yourself into pretty much anything and deem it “pragmatic,” when it’s in fact just the path of least resistance. And, when your guiding philosophy of leadership is to always view intense opposing sides as Scylla and Charybdis, and then to steer through them by finding the calm, healthy middle, you can bet dollars-to-donuts that the conservative freaks of the industry will always be pushing that “center” as far right as possible, regardless of the issues involved. And, eventually, without a guiding moral imperative at work — like, I dunno, torture is illegal, immoral, and criminal, or the rule of law applies to everyone — you may discover that that middle channel is no longer in the middle at all, but has diverted strongly to the right. In which case, welcome to Gerald Ford territory.

Nobody wants that, of course. We — on the left, at least — all want to remember the Obama administration not as a well-meaning dupe notable mainly for its unfortunate rubberstamping of Dubya-era atrocities, but as a transformational presidency akin to those of Lincoln and the two Roosevelts. To accomplish this goal, it would behoove the White House to remember that Lincoln, pragmatic that he was, came to abolition gradually, but come to abolition he did. Or consider that Franklin Roosevelt, pragmatic that he was, eventually chose his side as well. “I should like to have it said of my first Administration that in it the forces of selfishness and of lust for power met their match,” FDR said in his renomination speech of 1936. “I should like to have it said of my second Administration that in it these forces met their master.

I should like to have it said of President Obama’s administration as well. The alternative — Obama’s sad, “pragmatic” capitulation to Dubya-era criminals — is too depressing to contemplate. But the picture below (found here) gives you a pretty good sense of what it’ll mean for America if we don’t get to the bottom of this, and soon.