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.

Dead 4 Left?

“While one can certainly use zombies to express all kinds of ideas, I would argue that at heart, the genre is a progressive one…Surviving the tide of zombies requires community and mutual responsibility. What could be more progressive than that?” In The American Prospect, Paul Waldman ruminates on the political economy of zombie flicks. It is true, we on the Left tend to be more interested in braaaains… (Via FmH.)

42 Doin’ Work.

“If there is part of him that secretly covets Obama’s job, he is burying it inside. ‘I like my life now,’ he said. ‘I loved being president and it’s a good thing we had a constitutional limit or I’d have made the people take me out in a pine box, probably. But we had a constitutional limit and I knew that in the beginning. And so when I left, I had to go out and create another life. And I did it, and I love doing it.’

In a wide-ranging piece in the NYT Magazine, Peter Baker checks in on the post-presidency of William Jefferson Clinton. Among the topics discussed: Election 2008 fallout — Obama is forgiven, Kennedy and Richardson are not — and Clinton’s retrospective view of his own administration’s economic policy in light of the “Great Recession.” “He added: ‘If you ask me to write the indictment, I’d say: “I wish Bill Clinton had said more about derivatives. The Republicans probably would have stopped him from doing it, but at least he should have sounded the alarm bell.”‘

The Politics of Yecccch.

“Likewise, conservatives are more likely than liberals to sense contamination or perceive disgust. People who would be disgusted to find that they had accidentally sipped from an acquaintance’s drink are more likely to identify as conservatives.” The NYT’s Nicholas Kristof examines the hardwired psychological differences between liberals and conservatives. “The larger point is that liberals and conservatives often form judgments through flash intuitions that aren’t a result of a deliberative process. The crucial part of the brain for these judgments is the medial prefrontal cortex, which has more to do with moralizing than with rationality …For liberals, morality derives mostly from fairness and prevention of harm. For conservatives, morality also involves upholding authority and loyalty — and revulsion at disgust.

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.

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.

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.