Pandora’s Box

I’ve just learned that the Supreme Court upheld the national “partial birth” abortion ban passed by Congress in 2003. The five justice who made up the majority are Scalia, Thomas, Roberts, Alito, and Kennedy.

The repercussions of this ruling will depend a great deal on how the various states interpret the ban. Physicians have complained that the ban, as it is worded, could be interpreted to ban just about any type of abortion. If that’s the case, I think this will bring about a huge public backlash against the Fetus People, which is something I don’t think they realize.

On the other hand, if it is interpreted to ban only the dilatation and evacuation (D&E) procedure, which is commonly used in the second trimester, then nearly 90 percent of abortions, performed in the first trimester using other methods, would not be affected. And second trimester abortions would still be performed, but by other means that pose greater risk to women. Even so, abortions performed by physicians in sterile environments would not likely result in the carnage that a return to “back alley” abortions would cause. It’s hard to know if a ban on D&E only would create much of a public stir at all.

But I think we can count on conservative state legislators to go for the more expansive interpretation of the ruling. I’m sure that many Red State politicians are busily writing up new and more oppressive abortion laws that go beyond today’s ruling even as I keyboard, and I strongly suspect this ruling has just opened a big can of damn ugly worms.

The American College of Obstetricians and Gynecologists (ACOG) filed an amicus brief in support of the challenge to the ban. I’m going to paste an ACOG press release about the brief here, because I think it explains the issues clearly.

For Release: September 22, 2006

ACOG Files Amicus Brief in Gonzales v. Carhart and Gonzales v. PPFA

Washington, DC — The American College of Obstetricians and Gynecologists (ACOG) has filed an amicus brief in support of the challenges to the federal Partial-Birth Abortion Ban Act of 2003. The United States Supreme Court will hear arguments on November 8, 2006, in two cases that dispute the constitutionality of the Act, which was passed by Congress and signed into law by President Bush in November 2003. The ban has not taken effect because of the legal challenges.

Almost immediately after the Act was signed into law by President Bush, physicians and medical groups filed three separate lawsuits challenging it in federal courts in New York, Nebraska, and California. In each case, the court ruled the Act unconstitutional and the decision was upheld on appeal. The government subsequently sought review of two of the cases by the US Supreme Court: Gonzales v. Carhart (Nebraska) and Gonzales v. Planned Parenthood Federation of America (PPFA) (California). Any further appeals in the New York case would be initiated after the US Supreme Court rules on the Nebraska and California cases. [I assume this is moot now — maha]

“The courts were correct each time they struck down such ill-conceived and unconstitutional restrictions on physicians’ ability to provide patients with the safest possible medical care,” according to Douglas W. Laube, MD, MEd, president of ACOG.

The Act purports to ban so-called “partial-birth abortions;” however, “partial-birth abortion” is not a medical term and is not recognized in the field of medicine. The Act defines “partial-birth abortion” in a way that encompasses a variation of dilatation and evacuation (D&E), the most common method of second-trimester abortion, in which the fetus remains intact as it is removed from the woman’s uterus. The Act’s definition also encompasses some D&E procedures in which the fetus is not removed intact.

Over 95% of induced abortions in the second trimester are performed using the D&E method. The alternatives to D&E in the second trimester are abdominal surgery or induction abortion. Doctors rarely perform an abortion by abdominal surgery because doing so entails far greater risks to the woman. The induction method imposes serious risks to women with certain medical conditions and is entirely contraindicated for others.

The intact variant of D&E offers significant safety advantages over the non-intact method, including a reduced risk of catastrophic hemorrhage and life-threatening infection. These safety advantages are widely recognized by experts in the field of women’s health, authoritative medical texts, peer-reviewed studies, and the nation’s leading medical schools. ACOG has thus concluded that an intact D&E “may be the best or most appropriate procedure in a particular circumstance to save the life or preserve the health of the woman, and only the doctor in consultation with the patient, based on the woman’s particular circumstances can make that decision.” [ACOG Statement of Policy on Abortion (reaffirmed 2004)]

ACOG objects to the 2003 federal ban because it exposes women to serious, unnecessary health risks and does not include any exception to protect women’s health. In addition, ACOG objects to the Act’s vague and overly broad terms because doctors will be unable to determine whether their actions are prohibited by the Act. As a result, the Act will deter doctors from providing a wide range of procedures used to safely perform induced abortions.

“The term ‘partial-birth abortion’ was purposely contrived to be inflammatory,” said Dr. Laube. “While proponents of this law say that it addresses a particular procedure, it has been specifically written to describe and encompass elements of other procedures used in obstetrics and gynecology.”

In 2000, ACOG filed an amicus brief in Stenberg v. Carhart on behalf of the challengers to a Nebraska law that attempted to ban so-called “partial-birth abortions.” The US Supreme Court struck down the Nebraska law, ruling that it violated the US Constitution by failing to provide any exception “for the preservation of the health of the mother” and being so broadly written that it could prohibit other types of abortion procedures such D&E, thereby unduly burdening a woman’s ability to choose to have an abortion.

“Decisions involving pregnancy termination are among the most serious and personal that a woman will make in her life. As the medical specialists in women’s reproductive health, we will continue to fight attempts to criminalize legitimate medical procedures,” said Dr. Laube.

# # #

The American College of Obstetricians and Gynecologists is the national medical organization representing over 51,000 members who provide health care for women.

Let’s hear from the only woman on the Court:

Justice Ruth Bader Ginsburg, speaking in the courtroom for the dissenters, called the ruling “an alarming decision” that refuses “to take seriously” the Court’s 1992 decisions reaffirming most of Roe v. Wade and its 2000 decision in Stenberg v. Carhart striking down a state partial-birth abortion law.

Ginsburg, in a lengthy statement, said “the Court’s opinion tolerates, indeed applauds, federal intervention to ban nationwide a procedure found necessary and proper in certain cases by the American College of Obstetricians and Gynecologists. For the first time since Roe, the Court blesses a prohibition with no exception protecting a woman’s health.” She said the federal ban “and the Court’s defense of it cannot be understood as anything other than an effort to chip away at a right declared again and again by this Court — and with increasing comprehension of its centrality to women’s lives. A decision of the character the Court makes today should not have staying power.”

That final comment, concluding remarks delivered without an open display of emotion, clearly was a suggestion that the ruling might not survive new appointments to the Court — just as the arrival of Chief Justice John G. Roberts, Jr., and, especially, Justice Samuel A. Alito, Jr. — had led to the switch she claimed had come about this time. Ginsburg pointedly noted that the Court is “differently imposed that it was when we last considered a restrictive abortion regulation” — in Stenberg in 2000.

In the course of her dissenting opinion, Ginsburg accused the majority of offering “flimsy and transparent justifications” for upholding the ban. She also denounced the Kennedy opinion for its use of “abortion doctor” to describe specialists who perform gynecological services, “unborn child” and “baby” to describe a fetus, and “preferences” based on “mere convenience” to describe the medical judgments of trained doctors. She also commented: “Ultimately, the Court admits that ‘moral concerns’ are at work, concerns that cdould yield prohibtions on any abortion.”

I have a lot of questions about today’s ruling. For example if the Court has affirmed an abortion law that doesn’t have a “life and health of the mother” clause, what does that do to Roe v. Wade?

And may I say that if even one woman dies or is needlessly impaired because the government has “tied the hands” of physicians, it’s an injustice.

Update: Interesting commentary at Hotline on Call.

War Showdown Update

For the past several days I’ve been meaning to write about the anticipated showdown between Congress and the White House over the Iraq “emergency” supplement appropriation. And I keep running out of steam before I get to it. But Bob Geiger has been writing most of the stuff I’ve been wanting to write, so I’m going to link to some of his posts on this matter, and if you read them we’ll all be caught up. So here we go, in chronological order so you can see how the issue is developing:

April 2

Democrats Move To Cut Bush’s War Funding If Iraq Withdrawal Vetoed

Text Of Feingold-Reid Bill

April 3

Feingold-Reid Bill Presents Another Democratic Gut Check

April 5

Democratic Senators: Just Say ‘Yea’

April 9

Feingold-Reid To Be Introduced As Troop Deaths Mount

April 10

The Iraq-War Debate – Don’t Follow The Money

April 11

Feingold-Reid Bill To End War Formally Introduced

Reid And Reed Respond To Bush

Caught up. Whew!

The Media-GOP Complex

Via Jane Hamsher, Jim Lobe writes about efforts at diplomacy in the Middle East,

Sensing an increasingly dangerous impasse, the Democratic Speaker of the House of Representatives — in this case, Nancy Pelosi, backed by a growing bipartisan consensus that the administration’s intransigeance will further reduce already-waning U.S. influence in the region — tries to encourage regional peace efforts by engaging the target directly.

But, worried that her quest might actually gain momentum, administration hawks — in this case, led by Deputy National Security Adviser Elliott Abrams and Vice President Dick Cheney — accuse the speaker of undermining the president and, working through obliging editorial writers at the Washington Post, among other sympathetic media, including, of course, the Wall Street Journal, attack her for “substitut(ing) her own foreign policy for that of a sitting Republican president.”

Elliot Abrams was part of a similar campaign during the Reagan Administration to torpedo work by then-House Speaker Jim Wright in Central America. Jane and Mr. Lobe both provide details.

Randian at Daily Kos says that the Republican Jewish Coalition, a GOP front group, is swiftboating Nancy Pelosi. Randian has more information on the RJC — be sure to check out who’s on the board of directors. David Flaum, the RJC National Chairman, is also a member of the Scooter Libby Defense Fund. There’s also a connection to Sam Fox, a big donor to Swift Boat Veterans For Truth who recently was rewarded with a recess-appointment ambassadorship.

RJC is running a shamelessly deceptive ad against Pelosi; read about it and watch it at Think Progress.

Sandbagging Pelosi Update

There’s a must-see video at Crooks and Liars in which former ambassador Richard Holbrooke slammed guest-host David Gregory for peddling unfounded GOP talking points about Speaker Pelosi’s trip to Syria. And Think Progress has a video in which Rep. Nick Rahall (D-WV) in which he confirms that Pelosi told Bush of the trip to Syria a day before they left, and Bush did not object.

Update: See also Scott Lehigh in today’s Boston Globe.

Update2: See Dan Radmacher of The Roanoke Times:

Some reporters — especially those covering the nation’s capital — are egotistical, lazy, complacent and addicted to their access to those in power, however little they use that access to actually benefit the public.

Many reporters also believe they’ve done their job if they simply quote both sides of an issue — as if most issues only have two sides — with no further effort to get at the truth of the matter.

A good friend of mine, one of the best reporters I’ve ever known, calls that “bracketing the truth.” It’s depressingly common.

For instance, President Bush recently came out with some harsh criticisms of Speaker of the House Nancy Pelosi because of her trip to Syria to speak with President Bashir Assad.

“Photo opportunities and/or meetings with President Assad lead the Assad government to believe they’re part of the mainstream of the international community when, in fact, they’re a state sponsor of terror,” Bush said, and the press dutifully reported.

Most then dutifully reported Pelosi’s responses. Her press secretary said, “The Iraq Study Group recommended a diplomatic effort that should include ‘every country that has an interest in avoiding a chaotic Iraq.’ This effort should certainly include Syria.”

Very few reports mentioned that at the same time Bush was complaining about Pelosi’s trip, a delegation of Republican members of Congress, including Virginia’s Rep. Frank Wolf, were in Damascus meeting with Assad. Bush not only didn’t criticize Republicans for their trip, an aide to one of the congressmen suggested the White House helped arrange the visit.

If not for bloggers like Josh Marshall at Talking Points Memo, that blatant hypocrisy would never have been exposed. It still went unmentioned far too often in newspaper and radio reports….

…The coverage of the new Democratic Congress is just as rife with lazy reporting that accepts far too many political proclamations at face value.

Along these lines, there’s an outstanding article in Salon by Gary Kamiy called “Iraq: Why the Media Failed.”

Sandbagging Pelosi

Paul Krugman today writes about the Little Lie Technique. You’ve heard of the Big Lie, of course. Krugman defines the “little lie” as

… the small accusation invented out of thin air, followed by another, and another, and another. Little Lies aren’t meant to have staying power. Instead, they create a sort of background hum, a sense that the person facing all these accusations must have done something wrong.

Little lies can be manufactured from trivial things, like the falsehood that Al Gore claimed to have invented the Internet or the Bill Clinton haircut story. These stories sometimes arise from sloppy reporting, but I think most of the time political operatives make them up and feed them to reporters. There’s little fallout when the story turns out to be false, because it was such a trivial matter. But the Little Lies add up. And, of course, the Little Lies get repeated by the political hacks doing commentary on CNN and Faux Snooze and MSNBC, and by bloggers. By the time the stories are debunked everyone’s attention has wandered somewhere else.

Krugman continues,

This is the context in which you need to see the wild swings Republicans have been taking at Nancy Pelosi.

First, there were claims that the speaker of the House had demanded a lavish plane for her trips back to California. One Republican leader denounced her “arrogance of extravagance” — then, when it became clear that the whole story was bogus, admitted that he had never had any evidence.

Now there’s Ms. Pelosi’s fact-finding trip to Syria, which Dick Cheney denounced as “bad behavior” — unlike the visit to Syria by three Republican congressmen a few days earlier, or Newt Gingrich’s trip to China when he was speaker.

Ms. Pelosi has responded coolly, dismissing the administration’s reaction as a “tantrum.” But it’s more than that: the hysterical reaction to her trip is part of a political strategy, aided and abetted by news organizations that give little lies their time in the sun.

Josh Marshall wrote late last night, “From the start of this sub-controversy over Speaker Pelosi’s comments in Damascus I’ve suspected a tampering hand from the White House.”

You may have heard the story that Pelosi said she had conveyed a message from Israel to the Syrians, but Prime Minister Olmert’s office issued a statement that seemed to contradict what Pelosi said. “With admirable diligence,” Josh snarked, the Washington Post took the Olmert statement at face value and blew it up into a big bleeping deal. And ever since news stories and commenters have repeated this story that either showed Pelosi was lying or didn’t know what she was doing.

Josh quotes a Ha’aretz article that straightens out what actually happened, and of course this vindicates Pelosi. Josh also writes,

Rep. Tom Lantos (D-CA) is the Chairman of the House Foreign Affairs Committee, a Holocaust survivor and very close to AIPAC. He was with Pelosi in the key meetings in Jerusalem and Damascus and he says “The speaker conveyed precisely what the prime minister and the acting president asked.”

Josh also quotes an article from the Jewish Telegraphic Agency by Ron Kampeas. This is Kampeas:

If that was the case, why did Olmert need to make a clarification, as Israelis were not speaking on the record. Lantos suggested there was pressure from the White House.

“It’s obvious the White House is desperate to find some phony criticism of the speaker’s trip, even though it was a bipartisan trip,” said Lantos, a Holocaust survivor who is considered the Democrat closest to the pro-Israel lobby. “I have nothing but contempt and disdain for the attempt to undermine this trip.”

Pelosi was sandbagged? And get this —

Last year, U.S. Secretary of State Condoleezza Rice talked Olmert into a 48-hour cease-fire during the war with Hezbollah to allow humanitarian relief, but within hours Israeli planes were bombing again, to Rice’s surprise and anger. Olmert had received a call, apparently from Cheney’s office, telling him to ignore Rice.

These people so creep me out. Anyway, Josh just posted a YouTube video about this.

TPM TV: April 9, 2007

And get this, from Think Progress

Rep. Nick Rahall (D-WV), who traveled last week with Speaker Nancy Pelosi (D-CA) as part of her delegation to the Middle East, said this morning on C-Span that Pelosi told Bush of the trip to Syria a day before they left, and Bush did not object.

Rahall said, “The Speaker had met with President Bush in the halls of the U.S. Capitol just the day before we left and mentioned to him that we were going to Syria. No response at all from the President.” …

… Despite the White House’s public rhetoric that the trip was a “bad idea,” President Bush “did not tell her not to go, nor did the State Department tell us not to go,” Rahall said. “The State Department was certainly aware of our traveling to Syria and our full itinerary. And there were State Department officials in every meeting that we had on this codel. So that is all hogwash as far as I’m concerned.”

She was sandbagged, people. The Bushies must be scared to death of her.

Update: The little lies fabricated about Barack Obama are a tad feeble.

Pelosi: Bushies Threw “Tantrum”

Helene Cooper and Carl Hulse write in today’s New York Times:

Ms. Pelosi, in a telephone interview from Lisbon on Friday, said she could not account for the Bush administration’s assault, which she at one point equated to a tantrum. (She said her children were teasing her about Mr. Cheney’s accusation of bad behavior.) Defending her trip, Ms. Pelosi said that members of Congress had a responsibility to play a role in national security issues and that they needed to be able to gather information on their own, and not be dependent on the White House.

“I am used to the administration; nothing surprises me,” she said. “Having said that, I hope we can have the opportunity to convey to the president what we saw.”

Heh.

Righties are acting as if congress critters aren’t allowed to go talk to foreign heads of state, but of course they do it all the time and have for generations. My understanding is that no one unauthorized by the White House can negotiate treaties or enter into any sort of agreement with a foreign government on behalf of the United States, but they certainly have every right to go talk to heads of state whenever they get in the mood. They have a duty, in fact, to be informed on foreign policy.

The Constitution, Article II, Section 2, paragraph 2:

He [the President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

[Update: I forgot this — In Article I, Section 8, Congress also has power to regulate foreign commerce and define and punish offenses against the law of nations, not to mention its several enumerated war powers.]

So, you see, the White House does not have exclusive authority in foreign policy matters. The idea is that the President and Congress should work together on this foreign policy stuff. But Bush won’t work with anybody; he wants to be dictator. So he’s throwing a temper tantrum because Pelosi is carrying out the normal functions of a member of Congress.

Today righties are linking to an article that calls Pelosi a “dilettante.” If Pelosi, who was “the longest-serving member of the House Permanent Select Committee on Intelligence” according to her bio, is a dilettante, what does that make Bush? I’d guess he’s a cross between an amateur and a snapping turtle.

Later in the New York Times article:

Democrats say the complaints have a certain political expediency to them [ya think? — maha], and note that many of the same people criticizing Ms. Pelosi’s decision to delve into foreign policy were fine when Newt Gingrich, then the Republican speaker of the House, made his own foray into foreign policy back in 1997.

The Republican House leader, John A. Boehner of Ohio, criticized Ms. Pelosi’s trip, telling reporters that she was in Syria “for one reason, and that is to embarrass the president.” In 1997, Mr. Boehner accompanied Mr. Gingrich to China, and called the trip “very educational.”

You might remember that Glenn Greenwald blogged about the 1997 trip to China earlier this week. On this trip Gingrich attempted to countermand Clinton Administration policy, which exceeded his constitutional authority. And yesterday I quoted this bit from an article by Scott Lilly:

Unlike Pelosi, [former Republican House Speaker Dennis] Hastert and his staff were not reticent to speak on behalf of the United States government, nor were they worried about negotiating as though they were official emissaries of the president. But unlike Pelosi, they were not accompanied by officials of the embassy and often did not inform the embassy of their visits. On occasion they even denied embassy requests to attend the meetings they were holding with officials of the Colombian government.

Over the course of several years, Hastert’s aides negotiated billions of dollars in U.S. arms assistance to elements of the Colombian military for specific weapons chosen as a result of meetings between Hastert’s staff and Colombian officials. Following the negotiations, Hastert would insist that the funds be inserted in appropriation bills; after the weapons were purchased, Hastert’s staff would show up for their delivery.

Hastert got away with this behavior because officials in the Clinton administration knew he and his staff could wreak havoc on a wide range of administration priorities. Clinton officials decided to look the other way rather than confront this outrageous intrusion into the constitutional powers of the president.

By contrast, Pelosi and a group of other congresspersons talked to President Assad of Syria for “more than an hour.” At least one Republican admitted that Pelosi didn’t say anything out of line to Assad.

Rep. David L. Hobson of Springfield, who joined Pelosi and other lawmakers in a meeting yesterday with Syrian President Bashar Assad, disagreed with Boehner that Pelosi “came here to embarrass Bush. I think she came here to reinforce certain policies, understand the region better and have the region understand her better.”

In a telephone interview last night from Saudi Arabia, Hobson said Pelosi “did not engage in any bashing of Bush in any meeting I was in and she did not in any meeting I was in bash the policies as it relates to Syria.”

Instead, Hobson said, Pelosi and the congressional delegation urged Assad to curb the number of suicide bombers who cross the Syrian border into Iraq to “murder our troops and the Iraqi people.”

For this, the Right has worked itself into an inchoate rage. They are, we might say, unhinged.

Update: See also this NY Times editorial:

There is at least one point on which we and the critics of Nancy Pelosi’s visit to Damascus can agree: It is the White House, not the speaker of the House, that should be taking the diplomatic lead. But the Bush administration has far more appetite for scoring political points than figuring out whether talking to Syria might help contain the bloodletting in Iraq or revive efforts to negotiate peace.

So long as Mr. Bush continues to shun high-level discussions with this troublesome but strategically located neighbor of Israel, Lebanon and Iraq, such Congressional visits can serve the useful purpose of spurring a much needed examination of the administration’s failed policies.

Ms. Pelosi and the five Democrats and one Republican who accompanied her are scarcely the first to raise such questions during the three years that Mr. Bush has instructed his top envoys — and reportedly Israel as well — to avoid negotiations with Syria’s president, Bashar al-Assad. Plenty of other Republicans and Democrats have been taking similar trips and offering similar advice. They were ignored, but spared the White House’s ridicule.

I didn’t know Bush was The Decider for Israel as well. Weird.

In the administration’s perverse view, the only legitimate time for negotiations would be after the most contentious and difficult issues — Syria’s support for Hamas and Hezbollah, its meddling in Lebanon and open border with Iraq — have already been resolved. Thus, what ought to be the main agenda points for diplomatic discussions have been turned into a set of preconditions designed to ensure that no discussions ever take place.

It seems Bush learned all he thought he needed to know in kindergarten. “Do what I want or I won’t talk to you” might be acceptable on a playground but not, I think, in international relations.

Update2: The Heretik says, “Bush believes all conversations end at the barrel of a gun, which is one reason he has shot himself in the foot.”

Update3: The graphic is a hoot. See also Scott Lemieux on “collective guilt.”

Pelosi in Syria

The Right continues to work itself into higher and higher pitches of hysteria over Nancy Pelosi’s visit to Syria. Today the Wall Street Journal editorial page is shrieking that Pelosi committed a felony by traveling to Syria. The story is that Rep. Pelosi violated the Logan Act:

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

If in fact Citizen Pelosi violated this Act (which has been on the books in one form or another since the John Adams Administration) then a large part of Congress, living and dead, also violated it. However, the only Logan Act indictment ever occurred in 1803 — the case involved a Kentucky newspaper that advocated the western states secede from the Union and form a separate nation allied with France — but no prosecution followed. In all these years not one American has ever been convicted of violating the Logan Act.

One wonders how many Wall Street Journal staffers were put to work finding some obscure law Pelosi might have violated.

The Righties have decided that the President has sole authority to talk to foreign governments. But Scott Lilly writes at the Center for American Progress:

As the White House quite rightly points out, any attempt to conduct diplomacy, speak in behalf of the United States government, or signal a new policy toward a foreign nation, is a violation of the constitutional prerogatives of the president. But the oath of office that the president must take requires that he “preserve, protect, and defend the Constitution,” not just when it is in the interest of the presidency, but when there is infringement of the constitutional authorities of any of the three branches.

Neither Kolbe nor Pelosi were impinging on the authority of the executive branch or attempting to do the job assigned to the president. They were merely attempting to fill the role which the Constitution has assigned to Congress.

Members of Congress are charged with the increasingly heavy responsibility of giving or withholding the resources necessary to conduct our nation’s military, diplomatic, and economic relations around the world. To do so, they have an obligation under the Constitution to know what challenges face the country, what the various options are for meeting those challenges, and how effectively the executive branch is performing in pursuing the options they have chosen.

Congress cannot meet that obligation by sitting behind their desks in the Capitol and receiving briefings (from the executive branch) on how effective their strategies are or how well they are executing them. They need to get out and kick the tires.

Despite the inference that the White House has tried to draw concerning Pelosi’s trip to Syria, the administration has failed to produce any evidence that she did or said anything in her meetings in Damascus that went beyond her role or responsibilities as a member of Congress. Indeed, her schedule was arranged by the U.S. Embassy there and diplomatic personnel representing the president were present at all times. It is certain the White House would have known instantly had such a breech of conduct had occurred.

Pelosi, who served for years as the ranking member of the Foreign Operations Subcommittee of the House Appropriations Committee, knows the drill. She can ask questions, listen to observations, and get a measure of Syrian President Bashar al-Assad as a person—all of which could be invaluable in grappling with the legislative choice the Congress must make in the months ahead. But she did not go to Syria to speak on behalf of President Bush or the United States government, and the Syrians are far too savvy in the ways of American politics to believe her if she had tried.

Here’s another sign of the Apocalypse — Joe Klein debunks the Logan Act nonsense. He does a pretty fair job of it, too.

Unfortunately, it appears a large part of the “liberal media” is repeating rightie talking points and getting their “facts” from the Republican Noise Machine rather than, you know, what actually happened.

Scott Lilly goes on to describe the foreign relations conducted by Republican Dennis Hastert when he was Speaker of the House.

Unlike Pelosi, Hastert and his staff were not reticent to speak on behalf of the United States government, nor were they worried about negotiating as though they were official emissaries of the president. But unlike Pelosi, they were not accompanied by officials of the embassy and often did not inform the embassy of their visits. On occasion they even denied embassy requests to attend the meetings they were holding with officials of the Colombian government.

Over the course of several years, Hastert’s aides negotiated billions of dollars in U.S. arms assistance to elements of the Colombian military for specific weapons chosen as a result of meetings between Hastert’s staff and Colombian officials. Following the negotiations, Hastert would insist that the funds be inserted in appropriation bills; after the weapons were purchased, Hastert’s staff would show up for their delivery.

Hastert got away with this behavior because officials in the Clinton administration knew he and his staff could wreak havoc on a wide range of administration priorities. Clinton officials decided to look the other way rather than confront this outrageous intrusion into the constitutional powers of the president.

I still say the Pelosi hysteria is really about the “emergency” supplement appropriations bill that Bush expects to veto as soon as he gets it. The White House is trying to soften up Congress so he can blame them for not funding the troops.

Dan Froomkin wrote this week about classic Rovian strategy.

When the president is on the defensive, Rove’s signature move is to disdain the quaint constraints of reality and attack the critics where they are strongest — ideally, by tarring them with Bush’s own weakness. …

… Rove’s approach was very much on display yesterday at Bush’s Rose Garden news conference.

The president’s current weakness is profound. His war in Iraq appears to be a colossal failure, and as a result the public has turned against him and wants the troops home and safe.

But to hear Bush talk, it’s the Democrats who are the party of failure. It’s the Democrats who are defying the will of the people. And in the latest, truly dazzling talking point unveiled by the president yesterday, it’s the Democrats who would keep the troops in harm’s way.

Given the weight of public antipathy toward Bush’s Folly (and Bush’s handling of Bush’s Folly), you’d think Bush would have a hard time fooling anyone. However …

What Rove can still count on, in spite of everything, is that the president’s assertions make it into the headlines no matter how dubious they may be — and that all too many reporters prefer uncritical transcription to the kind of tough but fair analysis that would be required to put what the president says in context.

Ain’t it the truth? And I fear some among us remain susceptible to being snookered.

What the Right is doing is just a political game to discredit Pelosi, and they’re doing it by tarring her with Bush’s own weakness — his inept foreign policy. Turning the public against Democrats in Congress will allow Bush to blame them for his failures. That’s the plan, anyway.

See also Glenn Greenwald.

Salute to Scarves

Since this is scarf week on Mahablog — WaPo fashion writer Robin Givhan praises Nancy Pelosi’s scarf wardrobe.

I see people on the Right are still blasting Pelosi for wearing a scarf in a mosque, calling it a sign of subservience to men. I think Muslims think of it as subservience to God, but never mind. There are several religious traditions that require headcoverings, either during worship or all the time. Many orders of Catholic nuns still require wearing a veil. Amish men and women seem always to be wearing hats or bonnets. Orthodox Jewish men and women also keep something on their heads all day long. Here in the New York City area Jewish women often wear chic berets or retro-chic snoods.

Sikh men are supposed to wear turbans. Apparently there is something of a turban crisis going on, as young Sikh men have decided that keeping 20 feet of cloth wrapped around their heads disrupts their flow.

Religions have all kinds of dress codes; Buddhist temples usually require the removal of shoes. I know of one Buddhist monastery that won’t allow people into the meditation hall wearing jewelry (beyond very modest ear studs) or T-shirts with messages on them, in which case the visitor is asked to wear the shirt inside out.

One point that seems to be lost on some Pelosi critics is that I doubt she would have been allowed into a mosque with her head bare. I suppose she could have not gone into the mosque, but maybe she really wanted to. It’s what we call a “choice.”

Update: Speaking of religion — see E.J. Dionne, “Answers To the Atheists.”

IOKIYAR

Glenn Greenwald writes about a 1997 trip to China by then-House Speaker Newt Gringrich. Vice President Al Gore had been in China one week earlier to discuss the Clinton Administration’s “one China” policy regarding Taiwan and its commitment to peacefully address the Taiwan issue. But Newt bluntly told the Chinese that the U.S. would intervene militarily if China tried to take Taiwan. A week later, China admonished the United States for sending mixed signals and accused Newt Gingrich of making ”improper” statements. Glenn comments:

Back then, the media treated Gingrich like he was the American Prime Minister, and his right-wing supporters had no problem with the House Speaker traveling and expressing his own foreign policy views which deviated from the Clinton administration’s. Quite the contrary, many right-wing leaders — including Grover Norquist, Ralph Reed, and Vin Weber — went on PBS and praised Gingrich’s “aggressive role in China.”

They couldn’t have been more pleased that Gingrich did what, in their minds, the Clinton administration was failing to do — standing up to the Chinese. Gingrich, as House Speaker, was heroic for going on his own and doing that. The same behavior from Pelosi (which I’m sure is, in actuality, completely different for all sorts of unknown and indiscernible reasons) is now both a grave political mistake and a reckless breach of protocol.

All together now — It’s OK If You’re A Republican.

Meanwhile, the Washington Post still struggles with its selective amnesia and publishes a story titled “Speaker’s Role In Foreign Policy Is a Recent, and Sensitive, Issue.” This very weird article by Elizabeth Williamson says, in effect, that even though “Pelosi’s dealings with Middle East leaders have not strayed far, if at all, from those typical for a congressional trip” and that a mess o’ Republican congress critters have been hobnobbing about Syria also, Pelosi was still wrong to go because she’s a Democrat. Seriously.

The Republicans who have also been in Syria are sending mixed signals about what Pelosi did there. House Republican Leader John Boehner is sticking by the party line and whining that Pelosi just went to Syria to embarrass President Bush. This is nonsense; it’s obvious that Bush is incapable of feeling embarrassment. A normal person wouldn’t show his face in public again after screwing up as badly as Bush has screwed up. More on this in a minute. Here’s the other GOP POV:

Rep. David L. Hobson of Springfield, who joined Pelosi and other lawmakers in a meeting yesterday with Syrian President Bashar Assad, disagreed with Boehner that Pelosi “came here to embarrass Bush. I think she came here to reinforce certain policies, understand the region better and have the region understand her better.”

In a telephone interview last night from Saudi Arabia, Hobson said Pelosi “did not engage in any bashing of Bush in any meeting I was in and she did not in any meeting I was in bash the policies as it relates to Syria.”

Instead, Hobson said, Pelosi and the congressional delegation urged Assad to curb the number of suicide bombers who cross the Syrian border into Iraq to “murder our troops and the Iraqi people.”

Back to embarrassment — I looked up embarrassment as a psychological phenomenon and found this:

Human behavior experts who study mortifying moments say four conditions must exist before we blush.

First, there must be a failure for which you feel responsible. Then, the failure occurs suddenly, with no time to prepare or adjust. “And it must take place in public,” says Domeena Renshaw, M.D., professor of psychiatry at Loyola University in Chicago. “Your face gets red because shock instantly increases blood pressure, which helps more blood get to the brain to help you figure a way out of the predicament in which you just found yourself.” The final condition: you must value the opinion of others who witnessed your goof.

“Beware the person who can’t be embarrassed,” says Dr. Gross. “That rare individual may consider his position, intelligence and status so lofty, he cares not what others think.”

See? I say no one need worry about embarrassing President Bush. He can no more feel embarrassment than he can fly.

Update: See also “Pelosi in Syria” at the Center for American Progress.

Counterbalancing Bush

[Update: Make some noise — tell CNN to get the facts right about the Pelosi trip.]

An editorial in today’s Boston Globe:

EVEN AS a matter of political self-interest, President Bush made himself look bad by carping about House Speaker Nancy Pelosi’s visit yesterday in Damascus with Syria’s president, Bashar Assad.

Bush’s complaint that Pelosi and the bipartisan congressional delegation were sending “mixed signals” made it appear that Bush either resents or refuses to accept the Constitution’s unambiguous granting of extensive powers in foreign policy to the legislative branch. Pelosi and her colleagues were doing what innumerable delegations of senators and representatives have done in the past: traveling abroad to consult with foreign leaders, gather information, and enhance their ability to fulfill their obligations to advise, consent, and appropriate funds. Republican congressmen met with Assad last week. If the American system of checks and balances is to function properly, the co-equal legislative branch must exercise its powers to check and balance the actions of the executive branch.

Predictably, the Washington Post editorial on the Pelosi trip calls it “foolish shuttle diplomacy.” It’s a foolish editorial, which you may read if you like. I’m skipping right to the commentary. Nico at Think Progress:

The Washington Post editorial page today published a vicious editorial attacking Speaker Nancy Pelosi (D-CA), calling her “ludicrous” and describing her bipartisan trip to Syria as an “attempt to establish a shadow presidency.”

The editorial rests on two claims, both of which are baseless.

1) Pelosi passed an incorrect message from Israel to Syria. Pelosi said yesterday that she gave Syrian officials the message that Israel is “ready to engage in peace talks.” The Post falsely claims, “The Israeli prime minister entrusted Ms. Pelosi with no such message,” misinterpreting a statement from the Israeli Prime Minister’s office that simply reiterated its position that talks with Syria will not take place until Syria has taken steps to end its support for extremist elements. There is no evidence that Pelosi failed to communicate this message. In fact, Pelosi’s delegation specifically pressed the Syrian president “over Syria’s support for militant groups and insist[ed] that his government block militants seeking to cross into Iraq and join insurgents there.”

2) Pelosi is attempting to “establish a shadow presidency.” This claim is directly contradicted by the Post’s own reporting this morning, which states, “Foreign policy experts generally agree that Pelosi’s dealings with Middle East leaders have not strayed far, if at all, from those typical for a congressional trip.” Pelosi herself has “described the trip as little different than the visit paid to Syria the same week led by Rep. Frank R. Wolf (R-VA),” and she went to great lengths to express her unity of purpose with President Bush on terrorism issues. The Post’s own reporting today also cites several instances of members of Congress meeting with foreign leaders during the past 30 years. As ThinkProgress noted yesterday, in contrast with Pelosi’s trip, previous congressional actions abroad attempted to directly undermine President Clinton.

See also Frank James at The Swamp.

Publius at Obsidian Wings:

The Washington Post editorial board should apologize for its over-the-top, and borderline sexist, attack on Pelosi for visiting Syria. It’s fine if they have substantive disagreements, but the mocking language they used (“ludicrous,” “foolish,” “Ms. Pelosi grandly declared”) is unprofessional. You don’t see them using this type of Drudge-like mockery even in their strongest attacks on the administration, but it’s ok for Pelosi I suppose.

CNN’s sloppy and inaccurate reporting of the trip hasn’t helped.

Kagro X at Kos:

Meanwhile, the parade of Republicans through Damascus continues unabated, with the arrival of Rep. Darrell Issa (R-CA), close on the heels of another delegation led by Rep. Frank Wolf (R-VA). As we know, Bush, like Boehner, has criticized these delegations as undermining his own “diplomacy.” So what does Darrell have to say?

    Commenting on Bush’s criticism, California Republican Darrell Issa said the president had failed to promote the necessary dialogue to resolve disagreements between the U.S. and Syria.

    “That’s an important message to realize: We have tensions, but we have two functioning embassies.”

And Frank?

    “I don’t care what the administration says on this. You gotta do what you think is in the best interest of your country,” said Rep. Frank Wolf of Virginia, who was part of the delegation.

    “I don’t care what the administration says on this.”

What’s that about going to Syria to embarrass the president, Mr. Boehner?

I don’t think the attacks on Pelosi are so much about Syria as they are about Iraq, or more accurately the supplement bill fight. The hawks are doing everything they can to knock her down, to make her the enemy. They’re desperate.

Update: Joe Conason writes, “The problem is not what Pelosi did or said, but how she exposed the exhaustion of neoconservative policy.” It’s a good article.