It’s the Warrants, Stupid

I agree with John at AMERICAblog and Stephen Kaus at Huffington Post that the righties are missing the point on the NSA issue. By several million miles.

The righties are grasping to their bosoms a new Rasmussen poll finding that 64 percent of Americans believe the National Security Agency should be allowed to intercept telephone conversations between terrorism suspects in other countries and people living in the United States. Even 51 percent of Democrats surveyed said yes. Bush is vindicated! they crow. This has just gotta hurt the left, they exclaim. America is OK with NSA, says Little Lulu.

However, Rasmussen doesn’t seem to have included some critical distinctions, like “warrants” or “judicial oversight.” The righties are still waltzing with a straw man — that us lefties object to surveillance of possible terrorists. But it’s not the snooping, it’s the snooping without warrants, that we object to.

I mean, even I would say yes to the question “Should the NSA intercept telephone conversations between terrorism suspects in other countries and people living in the United States?” Just so long as the NSA follows legal procedures.

And let’s not forget the Bushies have already demonstrated a proclivity for using the NSA for purely political purposes. They used the NSA to snoop on UN delegates and Mohamed ElBaradei of the IAEA, for example. Without proper oversight, we have no idea who the Bushies really are snooping on.

Ezra Klein writes
,

There’s no doubt the NSA should — nay, must! — tap the phones of suspected terrorists. The only issue is whether they are an agency unbound, freed from all judicial oversight and/or congressional constraint. Administration apparatchiks will try to twist it into a referendum on the president’s authority to tap phones in the War on Terror. It’s not. It’s a referendum on whether any President should ever be trusted with the tools and authority of a totalitarian dictator.

Just try explaining that to righties, though. Or try explaining physics to a hamster, which is nearly as futile.

I’m fascinated by the way so many rightie bloggers flip off the question of legality as so much noise and focus only on how the issue will impact politics. For example, winger Jeff Goldstein at Protein Wisdom wrote (italics are Mr. Goldstein’s),

Poll numbers of course have no bearing on whether or not the NSA program authorized by Bush (to the extent it has been revealed) is legal—but it does suggest that in spite of the decidedly anti-administration slant being put on the program by most of the legacy media, a strong majority of Americans believe that the program is a good idea, and that the President is using appropriate historical authority in authorizing and defending it.

Will these results convince partisan Democrats who’ve been pushing the story that they’re not likely to gain much politically by pressing the issue? That remains to be seen. And it remains to be seen how SCOTUS will rule on inherent authority for foreign intelligence wiretapping.

Translation: Who cares if the President is running the Constitution through a shredder, as long as it’s hurting Democrats?

Of course, Mr. Goldstein has managed to bullshit himself that “case law” supports Bush’s warrantless wiretaps; Scott at Lawyers, Guns and Money says otherwise. But you know righties; they could get a memo from God saying the warantless wiretaps are unconstitutional, and they’d just write off God as a terrorist sympathizer.

Update: See also Glenn Greenwald.

When Film Reviews Bite

Like most people I’m a sucker for “best of” and “worst of” lists. But on my personal “worst” list are reviewers whose “Best Films of the Year” lists are made up of bleeping indy and foreign films I’ve never heard of, much less seen. Here’s one example, but this year we’ve had a bumper crop of them, seems to me.

I’m also seeing films on the “best” lists that got so-so reviews when they were released, like The Skeleton Key. Annoying.

I’d have a hard time coming up with a “Best Films of 2005,” because I’d have to list every new film I saw in theaters in 2005. But I didn’t see any films I didn’t like, so they can all go on the list —

    1. Good Night and Good Luck — the best.
    2. Batman Begins — dark and gritty, like a superhero movie should be
    3. A History of Violence — I hated the ending. I loved the ending.

[Update: I forgot Syriana! And it’s really good! Put it at number 4 and bump everything else down one. ]

    4. Madagascar — The New York City segments were priceless.
    5. Kingdom of Heaven — Would have been better if they hadn’t killed off Liam Neeson so fast, but still good.

[Update: I forgot Walk the Line. If Kingdom of Heaven is now #6, then Walk the Line is #7 and SW is #8

    6. Star Wars: Revenge of the SithAlmost redeemed the dreaded episodes I and II.
    7. The Legend of Zorro — I’m a sucker for swashbucklers.
    8. Harry Potter and the Goblet of Fire — entertaining, even though I already knew how it ended
    9. King Kong — ditto. Some scenes went a little long, though.
    10. Hitchhiker’s Guide to the Galaxy — The book was better, but the film was still pretty good.

In addition to these I saw Aliens of the Deep in 3D, which was nice. I also saw Constantine on TV. Have forgotten it already.

There are no doubt lots of really good films I didn’t see, which is why they are not on this list. But at least these are all red blooded, all-American major theatrical releases, by gawd. None o’ that smartypants indy or foreign stuff!

Probable Cause

In the aftermath of September 11 —

Surveillance applications poured in. A flood of new FBI agents, not trained in FISA law, added another complication. It was critical that the government satisfy the FISA law’s “probable cause” requirement that the target was a foreign agent.

“You’d have an FBI agent screaming, ‘I need this warrant and I need it now,'” Lesemann recalled recently. “He’s screaming, ‘People will die unless you go to court.’ Or an agent would say, ‘This is a bad person, we need to move on this,’ and I’d say, ‘Yes, this is a bad person, but there’s no ‘foreign power’ here.'”

The snip above was taken from an article in the New Jersey Star-Ledger on August 21, “Changes in the law put spotlight on a shadowy court,” by Mary Jo Patterson. Dana Lesemann, quoted in the article, was a Department of Justice lawyer with top-secret national security clearance. She had been with the DoJ since 2000. “Her job involved collaborating with intelligence agents to prepare applications for the FISA court — and making sure the government justified the intrusive surveillance,” Patterson wrote.

This article was written before Wiretapgate became public, but it reveals that the FBI and Bush Administration were frustrated by the “foreign service” requirement. As we learned a couple of days ago, the FISA court has been challenging Bush Adinistration applications at an unprecedented rate, in spite of the fact that FISA standards were lowered by the Patriot Act. Patterson wrote,

In time, the [FISA]court came to be seen as the enforcer of “the wall,” a collection of laws and administrative policies that sought to keep national-security surveillance separate from domestic law enforcement.

FISA required that foreign-intelligence gathering be “the” purpose of any surveillance. Unlike conventional wiretaps, FISA surveillance did not require federal agents to show probable cause to believe a crime had been, or would be, committed. FISA required only that the government certify it had probable cause to believe that targets were agents of a foreign power.

The Patriot Act lowered the standard for a FISA warrant. Rather than stipulating that foreign-intelligence gathering be “the” purpose of surveillance, Section 218 of the act required that gathering such intelligence be “a significant” purpose.

Former Attorney General John Ashcroft interpreted that provision to mean law enforcement officers, not just intelligence agents, could initiate and manage FISA investigations. As a result, “the wall” virtually disappeared.

But it didn’t disappear enough to satisfy the FBI and the Bush Administration, apparently. As the opening quote indicates, many were frustrated by the “foreign intelligence” requirement.

Today Armando at Kos quotes testimony by then-Attorney General John Ashcroft to the Senate Judiciary Committee in June 2004. It’s clear the FBI was, literally, all thumbs when it came to FISA requests. Bottlenecks developed, but the bottlenecks were in the FBI, not the court. One suspects the “flood of new FBI agents, not trained in FISA law” that Patterson wrote about was a big part of that problem. And the clueless wonder, Ashcroft, was slow to fix the problem. I would think FBI Director Robert S. Mueller bears some responsibility also.

But problems between the FISA court and the FBI did not begin with the Bush Administration. During the tenure of Director Louis Freeh, for example, according to Patterson:

It was not that the court was opposed to intelligence agents’ passing information along to criminal prosecutors. It just wanted to manage and be part of the information flow.

This uneasy relationship between the FBI and the court would later be blamed for the FBI’s reluctance to work up a FISA surveillance warrant application for Zacarias Moussaoui, the so-called 20th hijacker, during the runup to 9/11.

FBI field agents arrested Moussaoui on Aug. 15, 2001, in Minnesota, where he was enrolled in a flight school. Although the agents suspected he was a terrorist, he was detained on an immigration violation.

The agents desperately wanted a FISA warrant to search his laptop. FBI headquarters, however, was not satisfied that Moussaoui was an agent of a foreign power and threw up “roadblocks,” according to a 2002 letter to FBI director Robert Mueller from Coleen Rowley, chief counsel in the FBI’s Minneapolis office.

After the attacks of Sept. 11, the government got its search warrant; Moussaoui was arrested and prosecuted. In April of this year he was convicted of participating in the 9/11 conspiracy.

Although this episode is sometimes held up by righties as an example of the “cumbersome” nature of working with the FISA court, the problem was actually within the FBI bureaucracy, not with FISA. And, as I said above, the Patriot Act made the standards for obtaining a warrant even lower. According to Patterson, in 2002 the FISA court rejected Ashcroft’s contention that Section 218 of the Patriot Act granted criminal investigators wide access to intelligence material and the authority to run FISA investigations. However,

Ashcroft appealed the decision to the Foreign Intelligence Surveillance Court of Review. This court, made up of three additional federal judges, had existed since the beginning of FISA, but had never been convened before.

In its first-ever ruling, the review court reversed the FISA court.

Ashcroft’s procedures remained in place.

Yet, in spite of this unprecedented laxity, the Bush Administration has had applications bounced, and Bush decided FISA was too much bother. Who needs oversight when you talk to God? But considering that the “foreign” part of “foreign intelligence” was a big hangup, one wonders how careful the Bushies have been to separate “foreign” from “domestic.”

Well, actually, I don’t wonder. I just don’t have proof.

That the White House uses the NSA as its own personal toy is a given — we know they used the NSA to snoop on UN delegates and Mohamed ElBaradei of the IAEA, for example. And we have learned that the NSA has been tracing large volumes of phone and Internet traffic in the United States. Do we think for a moment that the Bushies have any scruples whatsoever regarding “domestic” snooping? And for non-security-related purposes? Puh-leeze …

In other wiretap news, today we learn from Lichtblau and Risen at the New York Times that “Defense lawyers in some of the country’s biggest terrorism cases say they plan to bring legal challenges to determine whether the National Security Agency used illegal wiretaps against several dozen Muslim men tied to Al Qaeda.” We don’t know if any of them were subject to illegal wiretaps, and I suspect if they were the Bushies will find ingenious ways to stonewall investigations. For more commentary, see “Meet the Fan” by ReddHedd at firedoglake.

Why They Snoop

Jason Leopold of Raw Story reports that Condi Rice authorized a plan to use the NSA to spy on UN delegates in 2003.

President Bush and other top officials in his administration used the National Security Agency to secretly wiretap the home and office telephones and monitor private email accounts of members of the United Nations Security Council in early 2003 to determine how foreign delegates would vote on a U.N. resolution that paved the way for the U.S.-led war in Iraq, NSA documents show.

Two former NSA officials familiar with the agency’s campaign to spy on U.N. members say then-National Security Adviser Condoleezza Rice authorized the plan at the request of President Bush, who wanted to know how delegates were going to vote. Rice did not immediately return a call for comment.

The former officials said Defense Secretary Donald Rumsfeld also participated in discussions about the plan, which involved “stepping up” efforts to eavesdrop on diplomats.

This is actually old news; the NSA angle was reported in the Observer in March 2003, before the Iraq invasion.

The United States is conducting a secret ‘dirty tricks’ campaign against UN Security Council delegations in New York as part of its battle to win votes in favour of war against Iraq.

Details of the aggressive surveillance operation, which involves interception of the home and office telephones and the emails of UN delegates in New York, are revealed in a document leaked to The Observer.

The disclosures were made in a memorandum written by a top official at the National Security Agency – the US body which intercepts communications around the world – and circulated to both senior agents in his organisation and to a friendly foreign intelligence agency asking for its input.

See also Shakespeare’s Sister.

I recall that in 2004 the NSA was also used to wiretap Mohamed ElBaradei, of the International Atomic Energy Agency and winner of the Nobel Peace Prize. The Bushies were pissed at ElBaradei for trying to warn them prior to the Iraq invasion that Saddam Hussein was not a nuclear threat.

Now, I don’t know offhand if these wiretaps would have required warrants. But it does show us that the Bushies have no qualms about snooping for purely political purposes.

Us Versus Them

David Neiwert seems to be taking some time off from blogging, so he hasn’t reacted to Cathy Young’s commentary on his Michelle Malkin series (first installment here) in yesterday’s Boston Globe.

After calling Michelle Malkin’s book Unhinged: Exposing Liberals Gone Wild “accurate and disturbing,” Young acknowledges that righties can get a little unhinged sometimes, too. Then she mentions Dave:

Dave Neiwert, a Seattle-based author and award-winning freelance journalist, has posted a rebuttal to Malkin on his website at dneiwert.blogspot.com. Neiwert documents a lot of nastiness on the right, including physical as well as verbal assaults. For every left-wing ”Kill Bush” T-shirt, he notes, there’s a right-wing ”Liberal hunting permit” bumper sticker.

I’ve never seen a “Kill Bush” T-shirt. Per Dave, this claim comes from Malkin. I’ll take her word for it that somebody has such a T-shirt for sale, but we don’t know if anyone bought them. Impeach Bush, on the other hand …

But this anecdotes illustrates another point that Young misses: Righties demonize liberalism far more broadly, and generally, than lefties demonize conservatism; see this old post for discussion and this post for an illuminating comparison of rightie and leftie book titles. Briefly, I argue that righties define liberalism in more broad-brush, demonic terms than lefties define conservatism. Although there is copious and robust snarking going both ways, I find it’s easier to find condemnations for liberalism itself on the Right Blogosphere than it is to find condemnations for conservatism itself on the Left Blogosphere. As I wrote earlier, “when liberals attack conservatives, liberals tend to be person- or issue-specific, and give reasons — This guy is a jerk because he did thus-and-so. This policy stinks because it’s going to have such-and-such effect.”

Comparing “shoot liberals” to “shoot Bush” illustrates my point. But let’s go on …

Young continues,

Neiwert makes a lot of excellent points, but unfortunately he can’t resist the temptation of arguing that right-wing nastiness is worse than the left-wing kind.

For instance, Neiwert argues that a number of leading conservative figures have employed rhetoric about rounding up the opposition. (Here’s Limbaugh again: ”Wouldn’t it be great if anybody who speaks out against this country, to kick them out of the country? . . . We’d get rid of Michael Moore, we’d get rid of half the Democratic Party. . .”) Such talk, Neiwert claims, has no real counterpart on the left. But was it much better when Garrison Keillor, who has an audience of nearly 4 million on National Public Radio, suggested taking the vote away from born-again Christians shortly after the 2004 election? Yes, it’s all in jest, but this is joking of a very poisonous kind.

I got news for you, honey lamb; the righties ain’t jokin‘. And notice we’re comparing violence (“kick them out of the country”) to non-violence (“taking away the vote”). I mean, we’re comparing raving mad, foaming-at-the-mouth Limbaugh to the courtly and often soporific Keillor, for pity’s sake. Give me a break.

Now we have another example. The LGF’ers are calling for James Wolcott’s decapitation. Yeah, beheading jokes are always knee-slappers.

The catalyst for this impromptu rally was my clinical diagnosis of Daniel Pipes as “a patronizing little shit,” which seemed to displease the footballers, not that any of them bothered to acquaint themselves with the causus belli (Pipes’ pipsqueak character smear of Muhammed Ali). Then again, the poor dears don’t seem to know the difference between an ocelot and an ocicat, another indictment of the limitations of home schooling.

This one sentence amid all that writhing distemper leapt out at me:

“May he [i.e., me] be kidnapped by ‘insurgents’ in Iraq then appear on an ugly net broadcast. I wonder, if in the moment before the knife started sawing into his fleashy neck if he might rethink his opinions on the GWOT.”

He later corrected the spelling to “fleshy,” lest anyone think I possess a flashy neck.

Y’know, I have called a lot of people names on this blog. I call them weenies and idiots and whackjobs. I describe their mental and educational limitations in colorful terms. But I honestly do not believe I have ever wished physical harm on anyone. And this goes for the many other liberal bloggers whose work I follow.

Our James W. continues,

More and more the rightwing militant “anti-idiotarians” (as they deludedly think of themselves)have been relishing the prospect of antiwar figures undergoing the Daniel Pearl treatment. They keep bringing it up as the retribution that’ll deliver certain choice heads on a platter. In a sick irony, Daniel Pearl’s marytrdom has provided a negative inspiration to certain super patriots professing to fight for truth, justice, and the American way.

For example, Anna Benson, the bodacious wife of a Mets pitcher, recently burst her bodice giving full lusty cry to an aria painting the glorious prospect of Michael Moore’s neck being used as a log.

“You are a selfish, pathetic excuse for an American, and you can take your big fat ass over to Iraq and get your pig head cut off and stuck on a pig pole. Then, you can have your equally as fat wife make a documentary about how loudly you squealed while terrorists were cutting through all the blubber and chins to get that 40 pound head off of you.”

And just this morning, the day after Christmas and the second day of Hannukah, blogdom’s zestiest Zionist party girl elevated the discourse by dismissing the concerns of legal scholars perturbed about Bush’s domestic spying thusly:

“Someone ought to tlell those legal scholars not to worry…….it’s smooth sailing once those Radical Islmonazis saw through their jugulars.”

(Her excitable italics.)

I assume her excitable spelling, too. But, for the record, I don’t find jokes about sawing through jugulars all that amusing.

I am not going to claim that no leftie ever wished physical harm, or death, or beheading, on a rightie. But it is a whole lot less common. And Mr. Wolcott knows why:

When rightwing bloggers and posters conjure that under Islam, Democrats–which they’ve come to call dhimmicrats–will get what’s coming to them (i.e., the business end of a butcher’s blade), it’s as if it’s a horrible fate that couldn’t possibly happen to them*–because it’s a death wish directed outward. The Islamic terrorists serve as proxies and stand-ins in this imaginary theater of cruelty, enacting what they (the warbloggers) would like to mete out to us (their domestic adversaries). …

…(*as another LGF poster put it: “Funny thing, the liberal mindset: expend all energy on phantom ‘enemys’, meanwhile the real enemy pounds at the fucking gate, ready to chop off their heads.” Note: “their,” not “our.” LGF’ers have a touching faith in the undetachablility of their own heads under the grisly Islamofascism they spend so many hours daydreaming about.)[emphasis added]

I think it’s often the case that the things people say they are afraid of are actually what they wish for. Survivalists are a good example; they are often people who feel marginalized or intimidated by the society they live in, so they hope for a day when that society is wiped out. Today’s Right Wing might be defined as a selective survivalist cult. They don’t want the entire society to be wiped out, just the liberal parts. And they aren’t joking.

Don’t Know Nothin’ ‘Bout History II

Following up last night’s post — I’ve done some Bush-Lincoln comparisons in the past, such as this one from October

I still can’t get over the fact that his staff had to perform a bleeping intervention days after the hurricane had struck to get him to pay attention to the crisis. Didn’t he care about what a hurricane might have done to New Orleans? I guess not, until someone whispered the dreaded words “political damage” in his ear.

I keep remembering that Abraham Lincoln used to hang out for hours around the White House telegraph, reading dispatches from the generals, sometimes sending questions and comments back. He didn’t sit around by the fire waiting for his aides to bring him reports. Some historians accuse Lincoln of being a micromanager, but at least he was fully engaged in doing his job. Unlike George W. Bush, he wasn’t just a figurehead or a ribbon-cutter.

I didn’t think Bush compared well to other presidents, either.

I keep thinking that another president–I usually imagine Harry Truman or FDR–in these circumstances would be all over these problems, kicking butt and busting heads. And I imagine them working hard on a solution to the shelter problem. But does Bush even know these problems exist?

One fascinating point about the current Lincoln v. Bush flap is that the righties are dumping on Robert Kuttner instead of Doris Kearns Goodwin, even though the Kuttner op ed is essentially a review of Doris Kearns Goodwin’s new book Team of Rivals, and Kuttner cites Goodwin for his facts. Yesterday I dumped on Kenneth Anderson’s tortured critique of the op ed, noting that Anderson failed to even mention Goodwin (he added Goodwin to a postscript later), leaving his readers the impression that Kuttner was just making shit up. From a psychological point of view, the sidestepping of Goodwin by John at Discriminations is even more interesting:

Kuttner’s article is a gloss on a new book by Doris Kearns Goodwin on Lincoln and his cabinet, Team of Rivals (or perhaps I should say, a new book that purports to be by Doris Kearns Goodwin). I haven’t read Goodwin’s book, and probably won’t, and so I have no comment about how much of the silliness here is Kuttner’s and how much is Goodwin’s (or her research assistants’). I should thank whoever is responsible, however, for providing some good laughs.

He doesn’t dare take on Goodwin on historical fact, so he kicks her out of the way by claiming she didn’t write her own book. As I said, fascinating.

John continues,

Here’s a representative howler:

    Goodwin’s unusual title, ”Team of Rivals,” refers to the fact that Lincoln deliberately included in his Cabinet the prominent leaders of different factions of his party who had opposed him for the 1860 nomination. Some, like his treasury secretary, Salmon Chase, a fierce abolitionist, wanted Lincoln to proceed much more aggressively.

Salmon Chase had been and was many things, but “fierce abolitionist” is definitely not one of them. He came out of the Free Soil Party, a movement that grew up in Ohio, Illinois, and the midwest dedicated to limiting the expansion of slavery, but this “anti-slavery” position was definitely not abolitionist. Indeed, it was motivated in large part by a racist desire to keep blacks, slave or free, out of their territories; it was also anti-slavery in large part out of a desire not to compete with slaveholders and slave labor.

This is partly true, and partly not. It’s true that the “free soil” position was about keeping slavery out of the territories, not about abolishing slavery. And it’s also true that the majority of free soilers were not abolitionists. The Republican Party also placed a “free soil” plank in its 1860 platform, and Lincoln ran on a promise to keep slavery out of the territories. Lincoln was, in fact, much more of a “free soiler” than he was an abolitionist.

Salmon Chase, on the other hand, was an abolitionist, much more than Lincoln was. This is a simple fact. He was also a free soiler because he believed that, if slavery could be contained in the slave states and not allowed to spread, eventually it would die (or, there would be enough “free” states to amend the Constitution). Like Lincoln, and unlike more radical abolitionists, he did not believe the federal government had the constitutional authority to abolish slavery in slave states, so more incremental measures were called for. The Free Soil Party founded by Chase was a fusion of other small parties, and members held a variety of opinions, but above all it was an anti-slavery party. As one congressman at the organizing convention said, “Our political conflicts must be in future between slavery and freedom.” (See discussion of Chase and the Free Soil Party convention in McPherson, Battle Cry of Freedom, pp. 61 ff.) After the war began, Chase pressured Lincoln to emancipate the slaves, a pressure Lincoln resisted for more than a year. Later, Chase would be a dedicated proponent for African American suffrage.

I don’t have time to go chasing around the Right Blogosphere and cleaning up rightie messes, so this will have to be representative. But in short we’ve got a whole lot of people given to overstuffed rhetoric who don’t know as much as they think they do.

As I said yesterday I haven’t read the Goodwin book, so I’m not comfortable giving it a blanket endorsement for factuality. And I have to assume Robert Kuttner’s op ed conveyed Goodwin’s work accurately. But IMO Kuttner’s basic point — that Lincoln was a uniter but Bush a divider — is exactly right.

Update: Glenn Greenwald writes a stirring defense of Lincoln’s suspension of habeas corpus. I would like to add that Lincoln was faced with an emergency situation (civilians shooting at soldiers in Maryland; civil authority totally breaking down in parts of Missouri and Kentucky) at a time when Congress was out of session, and it would have taken weeks to re-convene it. So he acted extraconstitutionally, but openly, and when Congress was back in session Lincoln took his case to the legislators and humbly asked them to sign off on what he had done. Unlike Bush he did not act in secret, nor did he assume an inherent authority to do whatever he pleased, Constitution be damned. He acknowledged that the authority to suspend habeas corpus rested ultimately with Congress (Article I, Section 9, Paragraph 2).

Don’t Know Nothin’ ‘Bout History

A couple of days ago I linked to “What Bush Could Learn from Lincoln” by Robert Kuttner in the Boston Globe. Today some rightie blogger found it and objected to the comparison of Dear Leader to the Great Emancipator. Kuttner’s column is based largely on Doris Kearns Goodwin’s recent book on Lincoln and his Cabinet, Team of Rivals. I have not read the Goodwin book and the rightie doesn’t refer to it (too cowardly to take on Goodwin, he implies, dishonestly, that Kuttner was just making shit up) so I take it he hasn’t, either. However, Civil War history is a particular interest of mine, and I know quite a lot about it. The rightie, apparantly, does not.

Kuttner wrote,

Lincoln’s priority, always, was to preserve the Union and to reduce the sectional and ideological bitterness. As Goodwin brilliantly shows, he did so by the force of his personality and the generosity of his spirit. Lincoln had an unerring sense of when public opinion was ready for partial, then full abolition of slavery, and he would not move until he felt he had the people behind him. He governed by listening and persuading.

The rightie says,

Let us leave aside Kuttner’s questionable historical readings. I do not think, for example, that the weight of serious contemporary scholarship would accept that Lincoln was waiting for the moment in public opinion when he could press for partial and then full emancipation, at least not in the way in which Kuttner means it for purposes of chastising Bush. Emancipation was forced as a public policy upon the president, irrespective of his personal views. Charitably, Kuttner is out of his intellectual depth.

The story of how Lincoln waited until after a Union victory to announce the Emancipation Proclamation is basic stuff; Civil War 101. As soon as the war began abolitionists pressured Lincoln to end slavery. He hesitated to do so for several reasons, but prominent among these reasons was the concern that such a move would inflame secessionist sentiments in the border states, especially Kentucky, and also would not sit well with pro-Union Democrats, hurting the war effort. “…[F]orcible abolition of slavery” must not be contemplated, General George McClellan advised Lincoln. “A declaration of radical views, especially upon slavery, will rapidly disintegrate our present armies.” This was a commonly held view. (McPherson, Battle Cry of Freedom, p. 502)

So Lincoln waited, and his policies toward slavery were calculated to be conciliatory toward pro-slavery but anti-secessionist factions. For example, in August 1861 John C. Fremont, commander of the Western Department, issued a proclamation emancipating the slaves of Confederate activists in Missouri. Lincoln countermanded the proclamation. This act would “alarm our Southern Union friends and turn them against us,” he wrote Fremont, “perhaps ruin our rather fair prospect for Kentucky.” (McPherson, pp. 352-353)

But in July 1862 Lincoln began to see that emancipation would aid the war effort. It would swing British public opinion against the Confederacy, for example, and discourage the British government from sending military aid to the secessionists. It would also allow for recruiting former slaves to serve in the Union Army. So the Proclamation, which would abolish slavery in the Confederate states only (Lincoln was still cautious about pissing off those border state slaveowners), was written and announced to the Cabinet, but was not announced to the public until after Antietam in September — a Union victory to sweeten the bitter pill.

As Kuttner said, although Lincoln was opposed to slavery, his purpose in the war was saving the Union. The Emancipation Proclamation was issued on behalf of the war effort, not primarily toward the end of ending slavery. Radical Republicans in the Senate wrote the Thirteenth Amendment abolishing slavery while Lincoln was still alive, I believe, but I don’t believe Lincoln himself was involved with it. The war needed to be won first.

Again, this is Civil War 101. Anyone with even a rudimentary knowledge of CW history should know that Lincoln did, in fact, wait until public opinion was softened up a bit before he issued the Proclamation. But the rightie crashes ahead with some egregious examples of viewing the 19th-century world through a 21st-century prism. Here’s the worst:

As for religion, Kuttner et al. might be thought to resemble most closely the anti-war Democratic newspapers of the day – along with many of the sophisticated newspapers of Europe – who were appalled by the religiousity of the Second Inaugural Address and accused its author of offering “puritanical” theology in place of public policy, and who believed that Lincoln was invoking the mantle of the Almighty in order to shield his own policies from criticism – Lincoln was guilty, in their eyes, of being at once a believer and a hypocrite, which is not that different, so far as I can tell, from how Kuttner sees Bush.

In fact, the mid-19th century was steeped in religiosity, and in this paragraph the rightie demonstrates he hasn’t spent much time with the period. Americans of the time could not so much as brush their teeth without invoking the mantle of the Almighty; I suspect this was true of many Europeans also. But as Gary Wills wrote (Under God, p. 69) the Second Inaugural expresses an “awareness of national guilt,” and called for reconciliation and forgiveness. Some people were not ready for that. Even though I’m sure if you dig hard enough you can find a few negative opinions, however, in general the Second Inaugural was well received.

Kuttner wrote:

Bush, despite today’s ubiquity of media, doesn’t read newspapers, much less the Internet, and he settles for carefully filtered briefings. Lincoln was a voracious reader; he haunted the War Department’s telegraph office to get firsthand reports from the battlefield.

The rightie argues:

As for the belief that Lincoln acquainted himself with a wide range of opinion through his wide reading, whereas Bush lives apart from newspapers and criticism – well, ironically, both elite Radical New England opinion and elite New York Democratic anti-war opinion believed that the ill-educated Lincoln lived in a world shaped by Western frontier prejudices and that he was simply outside the mainstream of what American and European elites “knew” to be the real world, not so different from what Kuttner et al. in the “reality-based community” like to think of themselves and President Bush.

It’s true that much of the eastern intelligentsia looked down its collective nose at Lincoln, who was self-educated, clumsy, and had an outrageous backwoods accent. But, in fact, Lincoln was a voracious reader, and he did haunt the War Department’s telegraph office to get firsthand reports from the battlefield. I think Lincoln’s biggest flaw was a tendency to micromanage, in fact. This year I read Geoffrey Perret’s new book, Lincoln’s War: The Untold Story of America’s Great President as Commander in Chief, and was surprised at the amount of time Lincoln spent on small details, even to test new models of rifles and carbines by shooting them himself. Bush, on the other hand, can’t be bothered about the details even of his own policies — Social Security “reform” and No Child Left Behind come to mind. And it took an intervention to get him to pay attention to the aftermath of Hurricane Katrina.

Finally, the rightie says, it’s not fair to compare Lincoln to anybody.

Because Lincoln belongs to the ages – because we have accepted that he belongs to the ages – he is, and in the hands of intellects wiser than Kuttner’s, above the fray. You invoke him in support of your petty quarrels and interpretations and minor vendettas at the risk of weakening your own position or, worse, weakening Lincoln’s. And this is what Kuttner has done. Lincoln cannot, should not, be invoked ever in a partisan way in the moral discourse of the United States, because the whole point is that he belongs to all of us.

Oh, jeez, what crap. The Lincoln of “popular” history may be an icon, but he was a man, and the better historians (like Perret or Goodwin) have no problem humanizing him, warts and all. Lincoln could be crude. By our standards he was a racist. But as Kuttner wrote of Godwin’s book,

Goodwin’s unusual title, ”Team of Rivals,” refers to the fact that Lincoln deliberately included in his Cabinet the prominent leaders of different factions of his party who had opposed him for the 1860 nomination. Some, like his treasury secretary, Salmon Chase, a fierce abolitionist, wanted Lincoln to proceed much more aggressively. Others feared that Lincoln was moving too fast and alienating border states like Maryland and Kentucky that permitted slavery but had voted not to leave the Union.

Goodwin, improbably finding something wholly new to illuminate this most heavily researched of historic figures, relies partly on the diaries of his contemporaries to reveal Lincoln’s sheer genius at winning the trust and affection of rivals.

Can you imagine Bush including in his inner Cabinet such Republicans as John McCain, who opposes Bush on torture of prisoners, or Chuck Hagel, who challenges the Iraq war, or Lincoln Chafee, who resists stacking the courts with ultra-right-wingers? Not to mention Democrats, a group Lincoln also included among his top appointees.

Sure, most of our president fall a bit short when compared to Lincoln. But only a few were as far off the mark as our Dubya. Dear Leader is challenging the likes of Buchanan, Pierce, and Andrew Johnson for last place.

Indigestion 2005

I did a Technorati search, and it seems Jazz is right — as of now the Right Blogosphere is ignoring the unfortunate post-election turmoil in Iraq. After whining at us that we ignored the glorious election, now they’re ignoring the inglorious side-effects of an apparent religious Shiite victory.

Reuters reports renewed violence in Iraq, along with Sunni demands for a do-over election and a boycott of parliament.

On the other hand, some Sunnis are still negotiating for more seats in the new parliament. Not successfully, but they haven’t given up.

I remain skeptical that Iraq or any other non-democratic nation can be forcibly retrofitted with a workable democratic government by outside forces. The argument is that the U.S. turned Japan into a democratic country after World War II; therefore, it should work with Iraq as well. This argument ignores the fact that there are ENORMOUS cultural, sociological, historical, and political differences between post-WWII Japan and current day-Iraq. And (warning: I’m no expert) I understand that the government that emerged in Japan was not as wildly different from what the Japanese were accustomed to as Americans might believe. For centuries under the Shogunate the country was ruled through rigid hierarchy and bureaucratic control, and the emperor was little more than a figurehead. Some argue that’s sorta kinda the way General MacArthur left it in 1949. And Japan had been moving toward democracy on its own in the 1920s before economic and social upheaval shoved it toward militarism. For a time after World War I the nation had a two-party political system and was governed mostly by a prime minister, not the Emperor. Americans have a hazy notion that Japan’s pre-war government was something like a European monarchy and that elections were utterly alien to the Japanese, but this is not so.

So if we eliminate Japan as an example of a new Little Democracy That Could, are there other examples? I can’t think of any.

Also: More on why the “tough on terror” Right is really a pack of weeniebabies. It’s us liberals, not the lefties, who demonstrate real resolve against terrorists.

Happy Holy Day

Today is the observance of the annual cease fire on the war on Christmas. Christmas wins, again. In celebration, people wallow waist deep in shredded gift wrap and prepare the armistice feast.

Once proper tribute is paid to the default holy day we take a moment to acknowledge the alternate choices on the menu, such as Hanukkah — a minor Jewish observance that got caught up in the Christmas gravitational pull — and Kwanzaa. Some Buddhist sects observe “Bodhi Day” — the anniversary of the enlightenment of the Buddha — in December also. But this is a day dedicated to silent meditation on the ephemeral nature of all physical things, so those who observe it like to get it out of the way early in the month.

A less rigorous way to observe Bodhi Day is to rent a copy of “Little Buddha” and watch Keanu Reaves re-enact the enlightenment of Prince Siddhartha. Although some Buddhists really hated this film, I was charmed by Reaves’s portrayal of the World-Honored One. Especially the part where the Prince gets flustered when his Dad says no, he can not go off into the woods and become a wandering holy man like all the other guys. Like, dude.

Some people knock Kwanzaa as a “made up” holiday, but then, so is Christmas. By now you’ve probably heard that the date, not provided in Scripture, was chosen to compete with the Roman Saturnalia and the pagan Yule. Recognition of December 25 as the day of Jesus’ birth dates from the fourth century or so, however, so it was made up a long time ago.

Then there’s the question of how much of the traditional Birth of Jesus story is true, and indeed, how much of the Jesus Is God story is true. This is a matter that needs to be taken on faith, since historians tend to be skeptical. Some scholars like to point out that the virgin birth-in-a-manger story was left out of the earliest gospel, Mark, indicating that when Mark was written (ca. 70 AD) the story wasn’t in circulation yet. The gospel of Luke, which contains the most complete virgin birth story, was written several years later, possibly as late as 130-150 AD. The process of the deification of Jesus was by then well under way.

(For a rollicking good read on how the process ended — including riots in the streets, political intrigue, and the alleged murder of one Church Father at the hands of another — I recommend When Jesus Became God: The Struggle to Define Christianity during the Last Days of Rome by Richard Rubenstein. If you liked I, Claudius, you’ll love WJBG.)

But in her book Jesus of Nazareth, King of the Jews : A Jewish Life and the Emergence of Christianity, Professor Paula Fredriksen of Boston U depicts the historical Y’shuah as a devout Jew who would have been appalled at the notion that he was God. Frederiksen and other scholars argue that Jesus was really about purifying Judaism, not starting a whole ‘nother religion to compete with it, and certainly not claiming to be a world redeemer or messiah. First-generation Christianity was considered to be a Jewish sect. I believe it wasn’t until after the destruction of the Temple (70 AD), when being Jewish was a tad, um, dangerous, that Christians drew a bright line between them and those other people. By then many of the members were Greek-speaking gentiles, and non-Jewish notions about who Jesus was and what he had been about were taking hold.

Then as now, people who feel the pain of life seek comfort in the sheltering arms of religion. But, once comforted, the religious have an unfortunate tendency to make others miserable for the sake of the faith. Human history is a long tale of sacrifice, oppression, inquisitions, war, and martyrdom in the name of religion. Religions themselves tend to follow the same trajectory — Once the Founder is gone, his original vision and teachings are quickly watered down by lesser followers. Sects form and begin to squabble with each other. Religious institutions and their leaders are corrupted, then reformed, then corrupted again.

So, it is not at all surprising that many grow hostile to religion. There is so much obvious hypocrisy and humbuggery in most religious institutions one might wonder why anyone with two brain cells to rub together gets taken in. But then there’s that pain of life thing, and the urge to look for someone or something more powerful than oneself to take the pain away.

And the fact is that religion can be redemptive. Yes, it has given us such loathesome creatures as Torquemada and James Dobson, but it’s also inspired Albert Schweitzer, Ghandi, and Aung San Suu Kyi. It may be that most of the popular beliefs of the major monotheistic religions — God, Lucifer, angels — can be traced back to ancient Persian folk tales, and much religious faith amounts to an emotional crutch. Yet an instant of pure experience — grace, epiphany, kensho — can be genuinely transformative. And I believe that beneath much of the fruitless hamster-wheel existance of modern life there is a deeply buried longing for a true spiritual path, a longing that modern Christianity rarely addresses. This same longing likely was felt by a Jewish fellow named Y’shuah who lived 2,000 years ago, and a king’s son named Siddhartha, who lived about five centuries earlier.

Instead of living the lives they’d been expected to live — one as a carpenter, and one as a king — both Y’shuah-Jesus and Siddhartha took off on their own difficult paths. Both struggled through a dark night of the soul (Jesus in the Wilderness, Siddhartha under the Bodhi Tree). And both seem to have found Something.

Jesus urged his followers to seek the Kingdom of Heaven. It was, he said, like a treasure hidden in a field; one who finds such a treasure will sell everything else he has to buy that field. Institutional Christianity, on the other hand, tries to replace the challenge of the spiritual path with easily digestible dogmas, comforting totems, and tribal identity. It’s spiritual distraction, not spiritual direction. And if there’s a better way to trivialize the life of Jesus than by whining that clerks in Target don’t say “Merry Christmas,” I can’t think of it.

But now it’s Christmas. We’ve got a day set aside to give each other presents and enjoy one another’s company, and there’s nothing wrong with that. And let’s remember Y’shuah, whoever he was, and honor his struggles, whatever they were. And if you ever feel an urge to do some spiritual seeking, I say heed the call and go for it.

May all beings find a true path.