Archive for April 21st, 2008

Financial Times: Hamas and peace

One has to go the the Financial Times for editorial sense on the Carter-Hamas meeting:

Hamas and peace

Jimmy Carter, the former US president and Nobel Peace Prize-winner, has probably done more to secure Israel’s future than any man alive, as the broker of its breakthrough Camp David peace deal with Egypt in 1979. He is surely right that prospects for peace between Israel and the Palestinians have “regressed” since the Annapolis conference last November, when both sides undertook to negotiate a resolution to the conflict by the end of this year.

Which is why he is also right to have held two long talks last week with Khaled Meshal, the most influential leader of Israel’s most resolute and dangerous enemy: Hamas.

The Damascus talks, which led the Israeli government to snub and the US administration to decry Mr Carter, have elicited from the Islamist group its clearest indication that it could “live as a neighbour next door in peace” with Israel, provided Palestinians get their independent state on all the territories seized by Israel in the 1967 six day war.

Hamas, which won a stunning election victory against its nationalist rivals Fatah in 2006, had previously endorsed talks on the Arab League plan offering Israel full peace in return for total withdrawal from captured Arab land. Israel did not accept that offer and – with US backing and international acquiescence – moved to strangle Hamas.

The elected Hamas government faced sanctions and unrealistic demands, followed by siege after the power struggle with President Mahmoud Abbas led to Hamas’ bloody takeover of Gaza last June, and the defeat of Fatah warlords armed by the US and incited by Israel.

Mr Carter’s perception, shared by two thirds of Israelis, is that Israel cannot make war on half the Palestinian people and expect to make peace with the other half; if there is ever going to be a solution to this conflict, Hamas has to be part of it.

The Islamists must, of course, accept the existence of the Israeli state, but as the result of an agreed two-states solution; the demand that Hamas should first accept an Israel in a constant state of expansion is unreal and unjustified.

Mr Abbas has met all Israeli and US preconditions – and still they have undermined him. Within days of Annapolis Israel pressed ahead with more Jewish settlement on occupied land. The Palestinian president has nothing to show for his policy of non-violent engagement.

As a precondition for entering talks, nonetheless, Hamas must declare a ceasefire – which Israel must reciprocate – and an end to all attacks on civilians. The policy of isolating the Islamists is destructive and myopic. But there is no need to take Hamas at its ambiguous word.

April 21st, 2008

The Tube

A reminder from Network:

April 21st, 2008

Scott Horton on John Yoo’s potential culpability

Scott Horton has suspended his daily blogging, which disappoints me, but which I full understand. However, he has not stopped writing on torture and other vital issues. Here is a Los Angeles Times op-ed discussing the possible legal culpability of torture lawyer John Yoo:

Which came first: memos or torture?

John Yoo’s legal opinions and questions about culpability and timing.

By Scott Horton

John C. Yoo likes the limelight, but it’s causing him some grief. Of the half a dozen lawyers who played important roles in a Bush administration decision to legalize the use of highly coercive interrogation techniques, only Yoo has emerged as the public face — and target — related to the policy.

In 2002 and 2003, Yoo was second in command at the Justice Department’s Office of Legal Counsel and wrote two memos, one for Alberto R. Gonzales and one for the Pentagon, that provided broad legal authority for the use of extreme measures in the questioning of wartime detainees. In one famous phrase, the memo to Gonzales concluded that only techniques “equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function or even death,” could be considered torture. The 81-page Pentagon memo, declassified April 1, contained similar language and added fuel to the fire over torture and the White House. Through it all, Yoo has defended his position in the media.

Yoo is now a tenured professor at UC Berkeley’s Boalt Hall. Recently, the National Lawyers Guild launched a campaign to have him fired because of his role in the torture issue. This move has touched off a controversy, especially among legal academics concerned about tenure and academic freedom. Boalt Hall Dean Christopher Edley Jr. posted a response on the school’s website in which he criticized the torture memos but defended Yoo: He was merely a “legal advisor”; real culpability rested with those who directed or implemented the administration’s program, not with Yoo. Edley saw no basis on which Yoo could be charged with a crime. He quoted university guidelines under which the “commission of a criminal act which has led to conviction in a court of law” provides the basis for dismissal of a tenured professor.

It’s easy to understand the concern that academics have. If Yoo were fired on the strength of a public outcry about his ideas on torture, it could send a chill through academia. America’s strengths as a nation include the preservation of an atmosphere in higher education that encourages the free expression of ideas, even radical and highly unpopular ones.

But does academic freedom really sit at the heart of this controversy? It’s not Yoo’s ideas in an academic setting that give rise to his current problems but his conduct as a government lawyer. Yoo says that he was asked his opinion about technical legal issues related to interrogation and detainee treatment during wartime, and he gave it his best shot. He also argues that he strained to give policymakers and actors the greatest possible latitude in which to manage a difficult conflict. But he only advised and theorized; others took the decision to implement the program.

But Yoo’s account of how and why the torture memos were crafted may not hold up. Congress is preparing hearings into the subject, and they have invited Yoo to testify. International law scholar Philippe Sands and other writers have punched holes in Yoo’s claims about the facts. It increasingly appears that the Bush interrogation program was already being used before Yoo was asked to write an opinion. He may therefore have provided after-the-fact legal cover. That would help explain why Yoo strained to take so many implausible positions in the memos.

It also appears that government lawyers had told Bush administration officials that some of the techniques already in use were illegal, even criminal. In fact, a senior Pentagon lawyer described to me exchanges he had with Yoo in which he stressed that those using the techniques could face prosecution. Yoo notes in his Pentagon memo that he communicated with the Criminal Division of the Justice Department and got assurances that prosecutions would not be brought. The question becomes, was Yoo giving his best effort at legal analysis, or was he attempting to protect the authors of the program from criminal investigation and prosecution?

In any case, Yoo kept the program running. Even the man who came in to run the Office of Legal Counsel after Yoo’s departure, Jack Goldsmith, has written that he understood Yoo’s project this way. Goldsmith also rescinded Yoo’s memos.

According to Human Rights First, more than 100 people have died in U.S. detention in the war on terrorism. It documented 11 cases where the deaths resulted from coercive interrogation techniques, and others where there was at least some connection. Yoo insists that there is no relationship between the deaths and his advice, because he didn’t set policy or carry it out, he merely offered a legal opinion. But had he refused to give the opinion that was sought, the program might have been suspended and some of those detainees might be alive.

Much of the legal work surrounding the torture memos was done in the shadows. It’s possible that when all the facts about their preparation and use come out, Yoo will be exonerated. But the criminal law and ethical issues surrounding his work on the memos are very serious.

Is it right to say that lawyers dispensing bad advice in memos face no liability for what happens when people act in reliance on them? At the end of World War II, the U.S. took a different view in one narrow area. When the legal advice had to do with the treatment of detainees in wartime, the U.S. argued, lawyers had to adhere closely to the law or face prosecution. In one case, two German Justice Ministry lawyers were charged and sentenced to 10 years in prison for giving advice that allowed the creation of a special internment system for suspected insurgents. Their advice was close to that dispensed by Yoo.

The Bush administration came to Washington promising a culture of accountability. In this area, as in so many others, it has delivered just the opposite.

New York attorney Scott Horton teaches at Columbia Law School.

April 21st, 2008

Thomas Frank: Obama’s touch of class

Thomas Frank, of What’s the Matter With Kansas fame, on the Obama comments and what’s the matter with America. [From the Wall Street Journal, where Frank will soon have a weekly column.]:

Obama’s Touch of Class

By Thomas Frank

Allow me to introduce myself. According to the general clucking of the national punditry, my 2004 book – “What’s the Matter With Kansas?” – is supposed to have persuaded Barack Obama to describe the yeomanry of Pennsylvania as “bitter” people who “cling to guns or religion or . . . anti-trade sentiment as a way to explain their frustrations.” Mr. Obama’s offense is so grave that the custodians of our national consensus have elevated it to gatehood: “Bittergate.”

In truth, I have no way of knowing whether some passage of mine inspired Mr. Obama’s tactless assertion that the hard-done-by clutch guns and irrationally oppose free-trade deals. In point of fact, I oppose many of those trade deals myself.

But I know one thing with absolute certainty. The media flurry kicked up by Mr. Obama’s gaffe powerfully confirms an argument I actually did make: That as they return again to the culture war, what the soldiers on all sides are doing is talking about class without actually addressing the economic basis of the subject.

Consider, for example, the one fateful charge that the punditry and the other candidates have fastened upon Mr. Obama – “elitism.” No one means by this term that Mr. Obama is a wealthy person (he wasn’t until last year), or even that he is an ally of the wealthy (although he might be that). What they mean is that he has committed a crime of attitude, and revealed his disdain for the common folk.

It is a stereotype you have heard many times before: Besotted with latte-fueled arrogance, the liberal looks down on average people, confident that he is a superior being. He scoffs at religion because he finds it to be a form of false consciousness. He believes in regulation because he thinks he knows better than the market.

“Elitism” is thus a crime not of society’s actual elite, but of its intellectuals. Mr. Obama has “a dash of Harvard disease,” proclaims the Weekly Standard. Mr. Obama reminds columnist George Will of Adlai Stevenson, rolled together with the sinister historian Richard Hofstadter and the diabolical economist J.K. Galbraith, contemptuous eggheads all. Mr. Obama strikes Bill Kristol as some kind of “supercilious” Marxist. Mr. Obama reminds Maureen Dowd of an . . . anthropologist.

Ah, but Hillary Clinton: Here’s a woman who drinks shots of Crown Royal, a luxury brand that at least one confused pundit believes to be another name for Old Prole Rotgut Rye. And when the former first lady talks about her marksmanship as a youth, who cares about the cool hundred million she and her husband have mysteriously piled up since he left office? Or her years of loyal service to Sam Walton, that crusher of small towns and enemy of workers’ organizations? And who really cares about Sam Walton’s own sins, when these are our standards? Didn’t he have a funky Southern accent of some kind? Surely such a mellifluous drawl cancels any possibility of elitism.

It is by this familiar maneuver that the people who have designed and supported the policies that have brought the class divide back to America – the people who have actually, really transformed our society from an egalitarian into an elitist one – perfume themselves with the essence of honest toil, like a cologne distilled from the sweat of laid-off workers. Likewise do their retainers in the wider world – the conservative politicians and the pundits who lovingly curate all this phony authenticity – become jes’ folks, the most populist fellows of them all.

But suppose we read on, and we find the news item about the hedge fund managers who made $2 billion and $3 billion last year, or the story about the vaporizing of our home equity. Suppose we become a little . . . bitter about this. What do our pundits and politicians tell us then?

That there is no place for such sentiment in the Party of the People. That “bitterness” is an ugly and inadmissible emotion. That “divisiveness” is a thing to be shunned at all costs.

Conservatism, on the other hand, has no problem with bitterness; as the champion strategist Howard Phillips said almost three decades ago, the movement’s job is to “organize discontent.” And organize they have. They have welcomed it, they have flattered it, they have invited it in with millions of treason-screaming direct-mail letters, they have given it a nice warm home on angry radio shows situated up and down the AM dial. There is not only bitterness out there; there is a bitterness industry.

Consider the shower of right-wing love that descended in February on small-town newspaper columnist Gary Hubbell, who penned this year’s great eulogy of the “angry white man,” the “man’s man” who “works hard,” who “knows that his wife is more emotional than rational,” and who also, happily, knows how to “change his own oil and build things.”

This stock character, unchanged since his star turns in the culture-war battles of the last few decades, is said to be as furious as ever, and still blaming the same villains for his problems: namely intellectuals, in the guise of “judges who have never worked an honest day in their lives.” But what he really wants is a chance to vote against Hillary Clinton, and “make sure she gets beaten like a drum.” I guess our angry toiler didn’t yet know about the Crown Royal.

If Barack Obama or anyone else really cares to know what I think, I will simplify it all down to this. The landmark political fact of our time is the replacement of our middle-class republic by a plutocracy. If some candidate has a scheme to reverse this trend, they’ve got my vote, whether they prefer Courvoisier or beer bongs spiked with cough syrup. I don’t care whether they enjoy my books, or would rather have every scrap of paper bearing my writing loaded into a C-47 and dumped into Lake Michigan. If it will help restore the land of relative equality I was born in, I’ll fly the plane myself.

Mr. Frank is the author of “The Wrecking Crew,” forthcoming from Metropolitan Books.

April 21st, 2008

Loosing a home in Katrina predics psychological distress

The University of Michigan has released a press release on a new pilot study of Katrina victims which finds that those who lost a house were five times as likely to suffer serious psychological distress. They also found that blacks, the poor, and those who were born in Louisiana suffered more distress. However, these categories were undoubtedly overlapping, so, in addition to traditional caveats, one should be extra careful drawing causal conclusions. It should also be noted that the small scale of the study (N=144) means that the five-fold figure should not be taken very seriously except as an indicator of a large effect.

On te other hand, the study is based on systematic probability sampling in order to represent the population and includes follow-up with many who moved away.

Here is the press release:

No place like home: Katrina’s lasting impact

ANN ARBOR, Mich.—New Orleans residents who lost their homes in Hurricane Katrina were over five times more likely to experience serious psychological distress a year after the disaster than those who did not.

That is one of the findings from a study presented at the annual meeting of the Population Association of America in New Orleans.

The study, conducted by University of Michigan researcher Narayan Sastry and Tulane University’s Mark VanLandingham, examines the mental health status of pre-Katrina residents of the City of New Orleans in the fall of 2006—one year after the hurricane. It also describes and analyzes disparities in mental health by race, education and income.

Based on a pilot survey that drew a stratified, area-based probability sample of pre-Katrina dwellings in the city, the study is one of the first to provide data representative of the pre-hurricane population. It was designed by the RAND Corporation, a nonprofit research organization.

A total of 144 individuals participated in the pilot study, including many who moved away from the area after the disaster and had not returned a year later. More than half the study participants were black, nearly two-thirds had a high school diploma or less education, and nearly 60 percent were unmarried. Nearly three-fourths were employed in the month before the hurricane hit.

According to Sastry, who is affiliated with RAND and with the U-M Institute for Social Research (ISR), about 60 percent of study participants had no psychological distress at the time of the interview, while about 20 percent had mild-to-moderate mental illness and another 20 percent had serious mental illness.

To assess mental illness, respondents were asked a series of questions from a widely used measure of general psychological distress. How often during the past 30 days, they were asked, did you feel nervous, hopeless, restless or fidgety, depressed, that everything was an effort, and worthless”

Blacks reported substantially higher rates of serious psychological distress than whites, Sastry and Van Landingham reported. Almost one-third of blacks were found to have a high degree of distress, compared to just six percent of whites. Those with higher incomes and more education were much less likely to experience serious psychological distress, and those born in Louisiana were much more likely to have serious distress.

The researchers also examined how the extent of housing damage was related to psychological distress a year after the disaster. They found that those who lost their homes were five times more likely than those who did not to have serious psychological distress. In all, about 66 percent of the respondents reported that their homes were badly damaged or unlivable.

“Our findings suggest that severe damage to one’s home is a particularly important factor behind socioeconomic disparities in psychological distress, and possibly behind the levels of psychological distress,” Sastry said. “These effects may be partly economic, because, for most families who own their home, home equity is the largest element of household wealth.

“Apart from the financial losses, severely damaged or destroyed housing may prevent people who want to return to New Orleans from doing so because they lack a place to live. This affects their social ties, their employment, and many other factors.

“The magnitude and permanence of a housing loss suggests that for many people, the psychological consequences of this experience could be profound and lasting.”

Sastry and VanLandingham emphasize that these findings are preliminary, and that a larger study is now being planned.

April 21st, 2008

Michael Moore on Obama

Michael Moore send a letter on Obama that is close to reflecting how I feel about the sordid business that is an American Presidential election.

My Vote’s for Obama (if I could vote) … by Michael Moore

April 21st, 2008

Friends,

I don’t get to vote for President this primary season. I live in Michigan. The party leaders (both here and in D.C.) couldn’t get their act together, and thus our votes will not be counted.

So, if you live in Pennsylvania, can you do me a favor? Will you please cast my vote — and yours — on Tuesday for Senator Barack Obama?

I haven’t spoken publicly ’til now as to who I would vote for, primarily for two reasons: 1) Who cares?; and 2) I (and most people I know) don’t give a rat’s ass whose name is on the ballot in November, as long as there’s a picture of JFK and FDR riding a donkey at the top of the ballot, and the word “Democratic” next to the candidate’s name.

Seriously, I know so many people who don’t care if the name under the Big “D” is Dancer, Prancer, Clinton or Blitzen. It can be Mickey Mouse, Donald Duck, Barry Obama or the Dalai Lama.

Well, that sounded good last year, but over the past two months, the actions and words of Hillary Clinton have gone from being merely disappointing to downright disgusting. I guess the debate last week was the final straw. I’ve watched Senator Clinton and her husband play this game of appealing to the worst side of white people, but last Wednesday, when she hurled the name “Farrakhan” out of nowhere, well that’s when the silly season came to an early end for me. She said the “F” word to scare white people, pure and simple. Of course, Obama has no connection to Farrakhan. But, according to Senator Clinton, Obama’s pastor does — AND the “church bulletin” once included a Los Angeles Times op-ed from some guy with Hamas! No, not the church bulletin!

This sleazy attempt to smear Obama was brilliantly explained the following night by Stephen Colbert. He pointed out that if Obama is supported by Ted Kennedy, who is Catholic, and the Catholic Church is led by a Pope who was in the Hitler Youth, that can mean only one thing: OBAMA LOVES HITLER!

Yes, Senator Clinton, that’s how you sounded. Like you were nuts. Like you were a bigot stoking the fires of stupidity. How sad that I would ever have to write those words about you. You have devoted your life to good causes and good deeds. And now to throw it all away for an office you can’t win unless you smear the black man so much that the superdelegates cry “Uncle (Tom)” and give it all to you.

But that can’t happen. You cast your die when you voted to start this bloody war. When you did that you were like Moses who lost it for a moment and, because of that, was prohibited from entering the Promised Land.

How sad for a country that wanted to see the first woman elected to the White House. That day will come — but it won’t be you. We’ll have to wait for the current Democratic governor of Kansas to run in 2016 (you read it here first!).

There are those who say Obama isn’t ready, or he’s voted wrong on this or that. But that’s looking at the trees and not the forest. What we are witnessing is not just a candidate but a profound, massive public movement for change. My endorsement is more for Obama The Movement than it is for Obama the candidate.

That is not to take anything away from this exceptional man. But what’s going on is bigger than him at this point, and that’s a good thing for the country. Because, when he wins in November, that Obama Movement is going to have to stay alert and active. Corporate America is not going to give up their hold on our government just because we say so. President Obama is going to need a nation of millions to stand behind him.

I know some of you will say, ‘Mike, what have the Democrats done to deserve our vote?’ That’s a damn good question. In November of ’06, the country loudly sent a message that we wanted the war to end. Yet the Democrats have done nothing. So why should we be so eager to line up happily behind them?

I’ll tell you why. Because I can’t stand one more friggin’ minute of this administration and the permanent, irreversible damage it has done to our people and to this world. I’m almost at the point where I don’t care if the Democrats don’t have a backbone or a kneebone or a thought in their dizzy little heads. Just as long as their name ain’t “Bush” and the word “Republican” is not beside theirs on the ballot, then that’s good enough for me.

I, like the majority of Americans, have been pummeled senseless for 8 long years. That’s why I will join millions of citizens and stagger into the voting booth come November, like a boxer in the 12th round, all bloodied and bruised with one eye swollen shut, looking for the only thing that matters — that big “D” on the ballot.

Don’t get me wrong. I lost my rose-colored glasses a long time ago.

It’s foolish to see the Democrats as anything but a nicer version of a party that exists to do the bidding of the corporate elite in this country. Any endorsement of a Democrat must be done with this acknowledgement and a hope that one day we will have a party that’ll represent the people first, and laws that allow that party an equal voice.

Finally, I want to say a word about the basic decency I have seen in Mr. Obama. Mrs. Clinton continues to throw the Rev. Wright up in his face as part of her mission to keep stoking the fears of White America. Every time she does this I shout at the TV, “Say it, Obama! Say that when she and her husband were having marital difficulties regarding Monica Lewinsky, who did she and Bill bring to the White House for ‘spiritual counseling?’ THE REVEREND JEREMIAH WRIGHT!

But no, Obama won’t throw that at her. It wouldn’t be right. It wouldn’t be decent. She’s been through enough hurt. And so he remains silent and takes the mud she throws in his face.

That’s why the crowds who come to see him are so large. That’s why he’ll take us down a more decent path. That’s why I would vote for him if Michigan were allowed to have an election.

But the question I keep hearing is… ‘can he win? Can he win in November?’ In the distance we hear the siren of the death train called the Straight Talk Express. We know it’s possible to hear the words “President McCain” on January 20th. We know there are still many Americans who will never vote for a black man. Hillary knows it, too. She’s counting on it.

Pennsylvania, the state that gave birth to this great country, has a chance to set things right. It has not had a moment to shine like this since 1787 when our Constitution was written there. In that Constitution, they wrote that a black man or woman was only “three fifths” human. On Tuesday, the good people of Pennsylvania have a chance for redemption.

Yours,
Michael Moore
MichaelMoore.com
MMFlint@aol.com

April 21st, 2008


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