The Invisible Victim…and the Ring of Power.

“No wonder President George W. Bush can now openly brag about the water-boarding policy he once denied even existed. The courts have become complicit in the great American cop-out on torture.” And let’s not forget the Obama administration in all this. Slate‘s Dahlia Lithwick surveys the wreckage from the Supreme Court’s recent capitulation on the Maher Arar case, wherein we, the United States of America, abducted, deported, and were ultimately responsible for the torturing of an innocent man, and are now trying to sweep it under the rug like it never happened. Look forward, not backward! (unless you’re a whistleblower)

In very related news, borrowing the riff from this great cartoon, The Daily Show‘s Jon Stewart finally drops the hammer on the Bushification of Obama on the civil liberties front. Like many progressives, I’m discontented for a lot of reasons with this administration at this moment, but Obama’s egregious record on this front still stands above them all. An end to imperial powers and civil liberties violations of the Dubya era should have been an absolutely non-negotiable aspect of “change we can believe in” — particularly coming from Obama “the constitutional scholar.” And a White House that will capitulate on these basic human rights will capitulate on anything. Which, when you get right down to it, they pretty much have.

Life in the Great American City.

“In her 1961 book The Death and Life of Great American Cities, self-taught urban scholar and activist Jane Jacobs observed that sidewalks and their users are ‘active participants in the drama of civilization versus barbarism’ (by “barbarism,” she meant crime) and that a continuously busy sidewalk is a safe sidewalk, because those who have business there — ‘the natural proprietors of the street’ — provide ‘eyes upon the street.’ Jacobs, who died in 2006, would not have been surprised to learn that it was two street vendors who first notified police of the suspicious Nissan Pathfinder parked on West 45th Street just off Broadway.“

In surveying the recent foiled Times Square car-bomb attempt, Slate‘s Fred Kaplan makes the case for the prescience of Jane Jacobs, and explains why Dick Cheney is, yet again, wrong. (Kaplan also makes a case for security cameras which I’m less sanguine about — but, hey, two out of three ain’t bad.)

Speaking of the Times Square situation, Twitter wag pourmecoffee had some arch responses to the near-disaster: “Somebody saw something in Times Square. If Cheney were still around, he’d torture entire Lion King cast for answers,” and “When we catch this Times Square guy, I assume he will be too scary to try in New York.” Ah, Twitter.

The Failure at the Crack.

Another very busy week at work, and haven’t had time to do a real update. But, in the meantime, via @Normative and since today is Tolkien Reading Day (i.e. the day Isildur’s Bane was destroyed and Sauron fell), here’s a great editorial cartoon on the dangers of the ring on the executive power front. (I presume that’s meant to be Russ Feingold in the Elrond role.) The Hearts of Men are easily corrupted, and the Ring of Power has a will of its own…

Thus Passeth the Small Talk.

“An application that lets users point a smart phone at a stranger and immediately learn about them premiered last Tuesday at the Mobile World Congress in Barcelona, Spain. Developed by The Astonishing Tribe (TAT), a Swedish mobile software and design firm, the prototype software combines computer vision, cloud computing, facial recognition, social networking, and augmented reality.“

Well, that should really facilitate the stalking (and now everyone will know right away I like sunsets and long walks on the beach…) The Atlantic‘s Derek Thompson reports in on Recognizr, a smartphone app soon likely to cause all kinds of consternation and unwanted advances in a town near you.

The Patriot.

As gripping in its own way as a cloak-and-dagger thriller or John Grisham procedural, Daniel Ellsberg: The Most Dangerous Man in America, by co-directors Judith Erlich and Rick Goldsmith and about the famous Rand analyst turned Pentagon Papers whistleblower, is a smart, tautly-made conjuring of recent American history that’s well worth the trip. And, fortunately for me, it’s also a perfect movie to contemplate and write about this President’s Day.

On one hand, the film makes for an interesting moral counterpoint to The Fog of War: Ellsberg’s actions put the lie to a lot of McNamara’s convenient post-hoc rationalizing therein — clearly, SecDef could’ve done more at the time to end the war in Vietnam.) On the other, Ellsberg also works as a prequel of sorts to All the President’s Men — to say nothing of a generation of seventies paranoia epics like The Parallax View and Three Days of the Condor. But in the end, The Most Dangerous Man in America probably works best as an eloquent testament to the words of the late Howard Zinn (who appears here as an old friend of Ellsberg): “Dissent is the highest form of patriotism.”

Like Man on Wire, Ellsberg starts here in media res, and at the scene of the history-making crime. Furtive eyes scan back and forth as an old-school Xerox copier whirrs in the dark, its green light illuminating maps of Southeast Asia and the ominous words “Top Secret” from below. With no zip drives or electronic files to speak of, analyst Daniel Ellsberg is forced to copy the 7000 pages of the Pentagon Papers page by painstaking page. It’ll take months (and eventually he enlists the aid of his kids.) As the Xerox churns, we get up-to-date on the ramifications of the document being processed — bombs fall from the sky over North Vietnam and Cambodia, weary troops patrol the hot, fetid jungle, and Nixon and Kissinger obsess over the leaks in their war machine (with Kissinger giving Ellsberg his moniker: “the most dangerous man in America.”)

Cut back to several years earlier, when the future leaker of the Pentagon Papers seemed quite a different man indeed. A fresh-faced young ex-Marine with a crisp, no-nonsense Kennedy era haircut, Ellsberg began his tenure in government as one of the Best and the Brightest, with an enthusiasm for his 80-hour workweek matched only by his hawkishness. As one of McNamara’s boys, Ellsberg concedes to helping massage the data to create a casus belli for the war. His first day on the job is the Gulf of Tonkin incident that wasn’t, and he spends subsequent weeks trying to dredge up some, any, horrible atrocities in the region that might involve Americans.

But, over time, the scales fall away from Ellsberg’s eyes. In part because he makes the acquaintance of a luminous lefty-leaning journalist named Patricia, who eventually becomes his fiancee…twice. (Ellsberg has a great line about a guy he meets at a peace rally who’s a Trotskyist. He asks this fellow how in Hell he ever became a Trotskyist. The answer: “The same way anybody becomes anything. I met a girl.”) And in part because, driven with an analyst’s overriding compulsion to find the right answer, he starts going to Vietnam himself to lead recon missions on the side and get a better sense of the situation on the ground. Simply put, the Ground Game is not going well.

The rest, as they say, is history. Moved to throw a shoe into the gears of the war machine he had helped nurture into existence, Ellsberg goes rogue and decides to publish the top-secret history of the war. But, even if you feel like you know the story of the Pentagon Papers pretty well, and I thought I did, there are some fresh and intriguing insights here. For example, I’m not really one for Freudianism or overthinking coincidences, but it turns out Ellsberg suffered a tragedy at the age of 15 that made him uniquely primed to play the role in history he ended up playing. (His father fell asleep at the wheel during a road trip, prompting a crash that sheared the car in two and killed Ellsberg’s mother and sister. In other words, watch the authority figures at the wheel verrry carefully.)

And then there’s the man himself, who’s an engaging presence throughout (if perhaps with a touch of monomania — I could see him being a hard guy to get along with.) If The Most Dangerous Man in America has a flaw, it’s that the movie is quite one-sided in the end — Ellsberg even narrates much of the story, and you get the sense at various points there may well be some whitewash being applied. (Ellsberg has an ex-wife, and kids, that aren’t even mentioned for the first 45 minutes or so.) Still, I’m inclined to give Ellsberg — and Ellsberg — the benefit of the doubt (and not just because the man loves his movies.) Ever since George and the cherry tree, we’ve been smoothing the edges of our patriotic tales. And, whatever his misdeeds as a man, Daniel Ellsberg, the film makes clear, is a patriot, through and through.

I use this Cornel West quote rather often, but that doesn’t make it any less true: “To understand your country, you must love it. To love it, you must, in a sense, accept it. To accept it as how it is, however is to betray it. To accept your country without betraying it, you must love it for that in it which shows what it might become. America – this monument to the genius of ordinary men and women, this place where hope becomes capacity, this long, halting turn of the no into the yes, needs citizens who love it enough to reimagine and remake it.”

Daniel Ellsberg is one of those citizens. He saw an obvious crime being perpetrated by our government across multiple presidencies, and he did his part to help put a stop to it. In many ways, the story told in The Most Dangerous Man in America seems quaint: Johnson actually asked Congress for authority to bomb Vietnam? The press wasn’t rolling over like a lapdog in the wake of obvious propagandistic lies? (In fact, the media types who show up late in Ellsberg clearly possess some of the narcisstic sense of self-entitlement that has been our undoing of late. Ellsberg the civilian sweats blood and tears to get this 7,000-page document out in public, and the press poobahs act like they’re both the knowing gatekeepers and the heroes of the story.)

But just because Ellsberg’s brand of patriotism has fallen out of fashion in the era of Judith Miller and the chattering class doesn’t make this story any less relevant. It makes it more relevant. If we’re going to keep our young republic through its third century, we need more men and women of Ellsberg’s stripe. Men and women who will buck the trend, risk the ridicule and wrath of their well-connected peers, and stand up against injustice done under our collective name when they are party to it.

Presidents will get their due on this and every subsequent Presidents Day to come. But, now and again, it’s good to honor those patriots who, through non-violent principle and sheer, dogged determination, help to keep our leaders in check when the separation of powers fails — ordinary folks like you, me, and Daniel and Patricia Elllsberg.

Like Ma Bell, We Got the Ill Communication.

“The FBI illegally collected more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews. FBI officials issued approvals after the fact to justify their actions.”

The WP’s John Solomon and Carrie Johnson report on widespread phone record abuse at the FBI. What’s particularly galling here, if I’m reading this right, is that the law they were breaking seems to be a loophole-ridden statute in the Patriot Act included mainly as a fig leaf, but even that weak tea was too much for them to abide by. For shame.

A Republic Needs No Subjects.

“The Obama administration has clung for so long to the Bush administration’s expansive claims of national security and executive power that it is in danger of turning President George W. Bush’s cover-up of abuses committed in the name of fighting terrorism into President Barack Obama’s cover-up.” In an editorial applauded by Salon‘s Glenn Greenwald, the NYT calls out the Obama administration for their appalling and Dubyaesque record on civil liberties.

As Greenwald well notes: “All of this vividly underscores a vital point. There is simply no way that a person with even the most minimal levels of intellectual integrity could have objected to these actions during the Bush years yet defend them now that Obama is doing them, or even refrain from objecting just as loudly.“

See also Sen. Feingold’s recent and angry post on dKos this month (coupled with this statement on the Senate Judiciary committee) on the hamstringing of his attempts to revise the Patriot Act. Far too many ostensible civil libertarians in the Democratic Party have been rolling over for this administration since January — The time for giving the benefit of the doubt has passed. On this — and other crucial issues before us — it’s time to put this admin’s feet to the fire and hold the president to his word.

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.

I don’t agree with that…do I?

“I actually think that the state secret doctrine should be modified. I think right how it’s over-broad. But keep in mind what happens is, we come into office, we’re in for a week — and suddenly we’ve got a court filing that’s coming up. And so we don’t have the time to effectively think through what, exactly, should a overarching reform of that doctrine take. We’ve got to respond to the immediate case in front of us.”

In case you missed it last night — I’ll concede, I’d forgotten about the presser and was watching the NBA playoffs — President Obama was finally asked about his troubling continuation of Dubya’s state secrets policy during his “100 Days” press conference last night. [Full transcript.] And his answer — basically, the justice department turns like a battleship, but we’re on the case — is somewhat heartening, I guess, in that the president seems to concede anew that the privilege has been abused of late, even under his own administration. But, as Salon‘s Glenn Greenwald reminds us today, the Obama/Holder JD has done a good bit more than just “stay the course” on states’ secrets since coming into office, and last night’s excuse — well, despite our actions over 100 days, this isn’t *really* our policy — isn’t going to hold water for much longer.

Also last night, while sort of pressed into it by ABC News’ Jake Tapper, President Obama said in no uncertain terms both that waterboarding is torture (correct) and that, as we all know, his predecessor’s administration sanctioned it: “I believe that waterboarding was torture. And I think that the — whatever legal rationales were used, it was a mistake.” Now, it isn’t the president’s call to move forward on an investigation and possible prosecutions at this point — that task falls to Attorney General Holder. Still, if what the president said last night is true, and it obviously is, then AG Holder has only one choice moving forward. It’s time to get to the bottom of this.

He’s Our Specter Now.

“Since my election in 1980, as part of the Reagan Big Tent, the Republican Party has moved far to the right. Last year, more than 200,000 Republicans in Pennsylvania changed their registration to become Democrats. I now find my political philosophy more in line with Democrats than Republicans.” In today’s big news, Sen. Arlen Specter of Pennsylvania announces he’s becoming a Democrat. [Statement.] (Note the construction there. The voters switch over, and suddenly Specter reevaluates his political philosophy. A true statesman.)

Well, welcome to the new Big Tent, Senator. On one hand, this is clearly a PR coup for we Democrats. The country didn’t really need another reminder that the Grand Old Party has degenerated badly in recent years, but this can’t help but make the point crystal-clear once again. When even a guy like Specter wants nothing to do with you, that’s saying something. Here’s hoping Sens. Snowe and Collins of Maine follow his lead soon.

That being said, I wouldn’t really call Specter a great pick-up for us. Sure, I’m glad that he’ll feel the need to bend to the left politically rather than to the right from now on (where he was basically dead in the water — hence today’s decision.) But as far as politicans go, “Spineless Specter” has been more craven than most over the past few years. He folded badly on the illegal NSA wiretaps and was all too happy to push gaybaiting legislation through the Judiciary committee when it suited his GOP masters.

Plus, consider the timing here. Unlike Jim Jeffords of Vermont, who forced a Senate reorganization in 2001 (and subsequently paid a price for it once the GOP reassumed control in 2003), Specter’s switch doesn’t really change the balance of power all that much. Sure, he’s the 60th vote for cloture…if he does in fact vote with the Dems. But a Liebermanesque “independence” is probably more likely from him. And did we really need another Joe Lieberman? Surely the Keystone State could’ve provided us with a sounder Democrat to get behind in 2010.

Over in the NY Review of Books, Specter has recently suggested that he wants to help roll back the expansion of executive power, which he deems increasingly out-of-control since 9/11. Again, bully for him, I’m all for it. But he did a less than stellar job on this front during the warrantless wiretaps and censure resolution episodes, so it’s hard to take him seriously as an exemplar of civil liberties at this late date.

So now Specter’s playing for the home team, as it were. Well, ok, I much prefer D’s to R’s. But if the party label is going to mean anything, Sen. Specter really needs to start living up to it.