Saturday, October 16, 2004

The other kind of terrorists

Just to keep people updated on news they aren't getting from their regular mainstream media, but which they can be damned sure would be blasted atop the evening news if the suspects were Muslims or of Arab descent, there's this interesting case of clearly identified domestic terrorism:
Accused Domestic Terrorist Arrested In Knox County

This case, like that Bradley Glover case of 1997, had a high potential for actually being carried out, and with a very high potential for tragedy. That it didn't is a testament to good police work.

It happened to occur in Lenoir City, Tennessee, and involved a former soldier named Ivan Braden:
According to the criminal complaint, the FBI says that Ivan Braden was planning to enter this Armory Friday, armed with guns and bombs.

Quick work by the Knox County Sheriff's office and the Federal Joint Terrorism Task Force and may have prevented a tragedy.

The Sheriff's Department searched a home where Ivan Braden lived on East Gallaher Ferry Road in Northwest Knoxville.

Inside, among Neo-Nazi items, an unregistered shotgun, and pipe bomb materials, they found sketches related to a plot at the armory.

They immediately called the Joint Terrorism Task Force.

The feds say the former 278th soldier planned to take people hostage at the Lenoir City Armory and periodically kill them.

He also allegedly planned to booby trap the door and planned to be killed by police or detonate a homicide bomb inside.

A search of Braden's vehicle turned up gunpowder, empty carbon dioxide containers, and cannon fuse.

There was a case similar to this one elsewhere in the news recently as well. It involved a Tim McVeigh-inspired plan to bomb a federal building in the Midwest, and again, the perp was of a higher level of competence than most right-wing extremist plotters:
Man accused of bomb plot: Reuss Federal Plaza was his target, U.S. attorney says

This case involved a man nearing the end of his federal prison term who described himself as a "white separatist", much like McVeigh, and was highly motivated to "make a statement":
Parr's cellmate alerted authorities to the plot and allowed the FBI to tape record conversations between the two. During those discussions, Parr described himself as both a separatist and a domestic terrorist. He also revealed plans to destroy the federal building using a delivery-type truck filled with fertilizer. He planned to buy a brown uniform from Farm and Fleet, attach a name tag and carry a clipboard so as not to draw attention to himself or the vehicle, according to the documents.

FBI agents were concerned that Parr had conducted surveillance of the building because he knew it is approximately 25 feet from the street, is across from The Shops of Grand Avenue and has a glass exterior. He also told his cellmate he had seen delivery trucks driving right up to the building. There is no reason someone from Janesville, which is 65 miles from Milwaukee, would know so much about the building, according to the FBI.

"This threat -- it was very detailed. It was apparent that the suspect was very familiar with the makeup of this building," said David Mitchell, special agent in charge of the FBI's Milwaukee office.

Transcripts of the recorded conversations are included in the criminal complaint against Parr. In one of them, Parr said that he hoped to join Oklahoma City bomber Timothy McVeigh in the history books.

"I hope it'll make people aware," he said. "I hope others will say, wow, he can stand up and make a statement like that. I might not be as radical as (McVeigh) but I surely agree with him. . . . It might generate some people to stand up and say, you know what? Enough is enough."

Cases like these underscore the fact, once again, that terrorism is not an activity relegated to Muslims, nor, when it comes to racial profiling, are white Americans any less capable of extreme damage and remarkable acts of terror.

They should also remind us, once again, that modern terrorism is an asymmetrical threat: that is, its ability to inflict damage is out of all proportion to its logistical size. It should underscore just how misbegotten Bush's "war on terror" actually is, since it is attempting to deal with the threat as though it were symmetrical.

This was made manifest in the Iraq invasion, which before the invasion had only a peripheral role in the proliferation of terrorism, but now -- thanks to the post-invasion insurgency and the incompetent mishandling of the occupation -- is likely to become a major source of terrorism for the foreseeable future. Responding to terrorism with military action (as opposed to intelligence) is akin to hunting a weasel with a cannon.

Note, if you will, that in both these cases, it was intelligence that prevented the attack. The same was true of not only Glover's, but many of the 40-plus cases of serious domestic terrorism we identified in the wake of Oklahoma City.

Friday, October 15, 2004

Battling battery

Remember that photo of the Bush supporter in Portland forcibly planting her hand over the mouth of a Bush protester, wrenching her neck backward?

Seems she has been identified as a Tigard woman named Rosemary Kriegel. (The victim was a Portland woman named Kendra Lloyd-Knox.) According to Ruth at Democracy For Oregon, the Beaverton Valley Times reported that the Beaverton prosecutor declined to press charges:
According to the VTimes, Kriegel was there with her two kids, ages 14 and 15, "told police that she objected to Lloyd-Knox' language and reached out, putting her hand over the other woman's mouth. ...'It was a natural instinct for me to do this,' Kriegel told Beaverton Police Sgt. Michael L. Janin. 'I felt like a mom -- I was trying to silence one of my screaming kids in the supermarket.' Lloyd-Knox said the blow almost knocked her over. ....Beaverton police hustled Kriegel out of the crowd and interviewed her. Kriegel agreed to leave the rally. She was not arrested."

Quite the picture of nurturing motherhood, isn't she?

In any event, there's been a lot of speculation about the police response if the roles had been reversed, suggesting if it had been the Bush protester who had committed battery on a Bush supporter, she'd have been pepper sprayed and carted off to jail. While there are reasons to speculate that this would have been the case, there's no evidence for it, really.

However, the failure to file charges in a fairly clear-cut case of battery (defined as "the application of force to another, resulting in harmful or offensive contact") is disturbing.

The absence of a criminal prosecution, though, does not mean this case is over. I've been contacted by Lloyd-Knox's attorney, Aaron Varhola of Portland (who happens to have a blog), who informs me that he has sent Kriegel a demand letter alleging battery and intentional infliction of emotional distress. This is the first step in filing a civil lawsuit against Kriegel.

Varhola tells me: "Kriegel did more than just put her hand over Lloyd-Knox's mouth; she struck Lloyd-Knox fairly hard underneath her chin with the heel of her hand." That's fairly clear, in fact, from the photo.

This is the proper way to deal with this kind of thuggery, even when it's committed by suburban homemakers. Don't respond in kind. Take them to court and sue their asses off.

The Sinclair threat

Jay Rosen has posted an important piece on the significance of the recent dustup over Sinclair Broadcasting's decision to air an anti-Kerry film on its TV stations on the eve of the election:
In a commercial empire it makes no sense to invite a storm like that. But what if a company were built for that sort of storm? A lot depends on how we define Sinclair Broadcast Group: as a media company with a political agenda, or a political actor that's gotten hold of a media company and is re-shaping it for bigger battles ahead.

There are plenty of signs that Sinclair is a different animal. Supporters and critics of showing Stolen Honor should both understand that.

Joe Flint of the Wall Street Journal said it yesterday: Sinclair Broadcasting "quietly has become an empire of 62 television stations." Remarkably little has been said about the nature of this empire-- its tendencies, or plans, and what it's organized to accomplish.

A political force in broadcasting is something intrinsically different. It seeks dynastic ends, goodies greater than ownership: power, influence, reputation, a booming voice, or even a political destiny, merging with national destiny, as with Italy's Prime Minister Silvio Berlusconi. (More on him later.)

We've had media barons with political ambitions before, plenty of them. But they did not own 62 local television stations (a record) that reach a quarter of all American homes. The Sinclair situation is new.

Go read it all. I disagree with Rosen at times, but in this case he's on the money.

It's worth noting that, as Atrios has detailed, Sinclair doesn't seem even fazed by threats to its economic well-being -- certainly its shareholders have not been well served to date. It's more than a little remniscent of Edison Schools -- the people who, as I've pointed out previously, are now contemplating resurrecting child labor as part of their business model -- another political operation (to promote school privatization) working under the guise of a business. Edison's fiscal performance is even more dismal, and yet somehow it stays alive.

My suspicion is that Sinclair, like Enron before it, is politically connected, and is leveraging those connections into the basis for its business model. It likely has backers, like Edison's, who are willing to endure losses in the pursuit of their political agenda.

The NCLB union card

Isn't it more than a little passing strange that the majority of the discussion of the third presidential debate has involved trivia? Most notably, all anyone seems to want to talk about is Kerry daring to bring up poor Mary Cheney.

(And yes, I think it's now fair to say, per Atrios, that -- considering the fact that I haven't yet seen the Bush "not concerned about him" video played a single time on any major media outlet post-debate -- the "liberal media" is indeed 100 percent in the tank for Bush.)

But there was something Bush said that night which really strikes at a deeper problem regarding the Republican agenda where it's taking us. Asked to respond to a question about his incredibly poor job-creation performance, he ignored the issue and instead diverted it thus:
Listen, the No Child Left Behind Act is really a jobs act when you think about it. The No Child Left Behind Act says, "We'll raise standards. We'll increase federal spending. But in return for extra spending, we now want people to measure -- states and local jurisdictions to measure to show us whether or not a child can read or write or add and subtract."

Bush continued this line of thought a little while later, when asked what he would say to a laid-off worker whose job had been shipped overseas:
I'd say, Bob, I've got policies to continue to grow our economy and create the jobs of the 21st century. And here's some help for you to go get an education. Here's some help for you to go to a community college.

We've expanded trade adjustment assistance. We want to help pay for you to gain the skills necessary to fill the jobs of the 21st century.

You know, there's a lot of talk about how to keep the economy growing. We talk about fiscal matters. But perhaps the best way to keep jobs here in America and to keep this economy growing is to make sure our education system works.

I went to Washington to solve problems. And I saw a problem in the public education system in America. They were just shuffling too many kids through the system, year after year, grade after grade, without learning the basics.

And so we said: Let's raise the standards. We're spending more money, but let's raise the standards and measure early and solve problems now, before it's too late.

No, education is how to help the person who's lost a job. Education is how to make sure we've got a workforce that's productive and competitive.

What little discussion there has been of these remarks has focused, perhaps rightly, on how out of touch they make Bush appear when it comes to the lives of working people. A 55-year-old worker isn't interested in going back to school to learn a new skill so he can start up another career. He just wants his job back. Bush's remarks reflect someone who sees workers and jobs as portable commodities, and has no sense whatsoever of the pain inflicted by policies that eviscerate the nation's manufacturing capacity.

But even more telling, I think, are what these remarks say about Bush's view of education.

To people like Bush, the value of education lies solely in its ability to provide a steady supply of workers. Education isn't a matter of improving our lives, making us better citizens capable of thinking for themselves, inspiring us to reach the maximum of our human capacities; it's a union card, a system designed to churn out as many trained workers as possible.

This view of education, in fact, is pronounced among conservatives in general. And it's directly reflected in Bush's "No Child Left Behind" program.

Consider, if you will, the areas of accomplishment that are tested under NCLB: reading, math, science, and English. All of these areas are those which are viewed by business interests as those most essential to training a viable workforce. All other areas of education -- particularly the arts, civics, history, geography, and social studies -- are relegated to minor status.

Now, it's unquestionable that one of the important functions of education is indeed to prepare young citizens for entry into the workforce, and to provide them the tools to be fully capable participants in the economy. But that isn't its sole purpose, either.

Education is supposed to make better citizens of us by giving us the tools to understand how our world works. It is, above all, supposed to help us to find our own special gifts and enable them, making our society both more creative and inventive and making us more fulfilled individually.

NCLB not only ignores those aspects of education, but by giving work-related skills primacy, it crowds them out, sometimes altogether.

Under the NCLB, schools have been forced to alter their entire approaches to education so that the emphasis is now placed on students passing these limited-scope tests. School districts have been forced to divert resources into providing training for the tests, and almost uniformly the resources lost have been in the areas of providing a robust education for all students from all walks of life and interests.

The damage to schools has ranged from the NCLB approach harming special education to gutting programs for gifted students. It has also induced schools to calculate "success" Enron style, by cooking their books.

Michael Winerip detailed in the New York Times how NCLB's arbitrary rating system is creating chaos in the schools:
The law allows students at schools labeled failing to transfer out. In Chicago, 19,000 applied for transfers, but Mr. Duncan approved just 1,100. In Los Angeles, there were 229 transfers. Joi Mecks, a Chicago schools spokeswoman, said: "If this law was going to cause overcrowding, we were not going to do it. Everyone knows 40 in a class is not sound educationally."

And yet, that is precisely what has happened in New York City. The mayor and the chancellor -- who have been quite restrained in their comments about the law -- said yes to all 8,000 federal transfer requests, contributing to the worst overcrowding of city schools in years.

Now it turns out that about a third of the 8,000 transfers -- children often traveling over an hour to attend crowded schools -- have been moved from one school labeled failing under the law to another failing school.

If this seems like a scam to you, that's because it almost certainly is. NCLB is in essence a policy that plasters a business approach to education onto our school system, suffocating out its broader effects in creating independent human beings capable of critical thinking. It produces drones, not a healthy society.

Stan Karp of Rethinking Schools laid out exactly why the NCLB is a hoax:
1. The massive increase in testing that NCLB will impose on schools will hurt their educational performance, not improve it.

2. The funding for NCLB does not come anywhere near the levels that would be needed to reach even the narrow and dubious goal of producing 100% passing rates on state tests for all students by 2014.

3. The mandate that NCLB imposes on schools to eliminate inequality in test scores among all student groups within 12 years is a mandate that is placed on no other social institution, and reflects the hypocrisy at the heart of the law.

4. The sanctions that NCLB imposes on schools that don't meet its test score targets will hurt poor schools and poor communities most.

5. The transfer and choice provisions of NCLB will create chaos and produce greater inequality within the public system without increasing the capacity of receiving schools to deliver better educational services.

6. These same transfer and choice provisions will not give low-income parents any more control over school bureaucracies than food stamps give them over the supermarkets.

7. The provisions about using scientifically-based instructional practices are neither scientifically valid nor educationally sound and will harmfully impact classrooms in what may be the single most important instructional area, the teaching of reading.

8. The supplemental tutorial provisions of NCLB will channel public funds to private companies for ideological and political reasons, not sound educational ones.

9. NCLB is part of a larger political and ideological effort to privatize social programs, reduce the public sector, and ultimately replace local control of institutions like schools with marketplace reforms that substitute commercial relations between customers for democratic relations between citizens.

10. NCLB moves control over curriculum and instructional issues away from teachers, classrooms, schools and local districts where it should be, and puts it in the hands of state and federal education bureaucracies and politicians. It represents the single biggest assault on local control of schools in the history of federal education policy. ...

11. NCLB includes provisions that try to push prayer, military recruiters, and homophobia into schools while pushing multiculturalism, teacher innovation, and creative curriculum reform out.

Kerim at Keywords laid out last year where this policy is taking us. And Jeanne d'Arc, I think, summed up eloquently the deeper meaning of NCLB, and the price we will all pay for this policy:
Its purpose is to label public schools as failures, so that we can entirely privatize education.

... This makes me so mad. Access to a decent, free education ought to be one of the most fundamental rights in any democracy, and that's sliding through our fingers. And we're using a lot of phony language about kids' and parents' rights, and choice, and excellence to move in the direction of expensively attained mediocrity. It ought to be a scandal.

In the end, the core problem of NCLB is that it relies entirely on tests. But there is one essential element in education -- an element that truly gives American citizens a competitive advantage -- which can never be adequately gauged by mass rote tests: creativity. NCLB, in fact, appears designed to quash out creativity altogether.

The result may provide a more pliable, conformist and religion-bound workforce. No doubt such a thought is appealing inside corporate boardrooms. But it will, in the end, be the death of what makes America great.

Wednesday, October 13, 2004

Covering for Bush

Paul Lukasiak appears to have uncovered evidence implicating the complicity of the Air Reserve Personnel Center in covering up the facts surrounding George W. Bush's military records:
Individuals at the Air Reserve Personnel Center (ARPC) in Denver, Colorado, are participating in the cover-up of George W. Bush’s military records. Less than five months after Bush took up residence at the White House, APRC put up a Web page that was full of flat out lies and distortions with regard to the nature of the training requirements for member of the Air Reserve Forces, which includes both the Air Force Reserves and the Air National Guard. And those lies and distortions are consistent with the lies being told by the Bush administration and its apologists with regard to Bush 'fulfilling his duty.'

Within hours after being notified (and shown the proof -- see Appendix 1) that the Website contained egregiously erroneous information, APRC took down the Web page with no explanation.

But the deliberate distortion of Bush's military service predates the posting of false information on the ARPC Website. In October 2000, an Air Force major working in the Public Affairs Department of ARPC declared that APRC officials had examined Bush's records, and found that Bush had met his "minimum drill requirements. When this same officer was contacted at ARPC earlier this year in a attempt to determine the criteria used by ARPC, he attempted to provide the same false information that appears on the Web site. When its erroneous nature was pointed out to him, he accused the caller of "trying to get me to say that Bush was AWOL," when in fact all the caller wanted to know was the criteria used by ARPC. This major promised to look into the subject, but has not returned calls since that time.

Go check out all the details. This is a working draft, and Paul is always eager for useful feedback.

You'll note that Albert Lloyd Jr.'s name comes up quite a bit. For a little more detail on Lloyd's activities in this arena, see the post with input from Marty Heldt as well as another recent reminder.

Just saying no

Well, the media and civil libertarians may be content to let the Ashcroft Justice Department silently eviscerate our privacy rights under the aegeis of the "war on terror," but at least our librarians know when and where to draw the line.

Up the road in Bellingham, Whatcom County's Deming Library has gotten crosswise of Justice investigators avidly pursuing terror suspects by demanding to know who checked out a biography of Osama bin Laden:
The FBI wants to know who checked out a book from a small library about Osama Bin Laden. But the library isn't giving out names, saying the government has no business knowing what their patrons read.

The library in Deming isn't much larger than a family home. Located in rural Whatcom County, it hardly seems the site for a showdown with the feds.

"I think we all figure it's places like the New York Library System that's going to be one of the first we hear about," said the attorney for the Whatcom County Library System, Deborra Garret.

At the center of the issue, a book titled "Bin Laden: The Man Who Declared War on America."

The FBI confiscated the original book after a patron reported than some one hand wrote a bin Laden quote in the margin that read: "Let history be witness I am a criminal."

The FBI demanded to know the names and addresses of everyone who ever checked out the book.

"Libraries are a haven where people should be able to seek whatever information they want to pursue without any threat of government intervention," said Director of Whatcom County Library System, Joan Airoldi.

Because of privacy policies, the library does not give out circulation records without a court order. When the FBI got a grand jury subpoena, the library filed a motion to quash it -- citing the rights of all people who use the library.

"Like the right to read and to read the material of one's choice without fear that someone will come around with questions about why you chose that book," said Garrett.

It's worth noting, however, that if the records had been sought under the Patriot Act, instead of as part of a grand-jury probe, it would have had no choice but to comply.

Via Rod at Proof Through the Night. Kevin Hayden at The American Street has a list of contacts for people to voice their outrage.

Sunday, October 10, 2004

The Rise of Pseudo Fascism

Part 1: The Morphing of the Conservative Movement

Part 2: The Architecture of Fascism

Part 3: The Pseudo-Fascist Campaign


Part 4: The Apocalyptic One-Party State

"We don't want to get rid of all liberals. I want to keep a couple, for example, on every major U.S. college campus so that we never forget who these people are."
-- Rush Limbaugh

When confronted with eliminationist fantasies like Limbaugh's, mainstream conservatives are quick to say that it's just intended as humor. (As though suggesting we eliminate about half the country were something to joke about.)

But as Phillip Miller has observed, there's a deeper resonance to these kinds of "jokes":
Or when they say things that are sort of Nazi-like, which many of them do. When Limbaugh says, for example, don't kill all the liberals so we can have some around for display, you can't help but think of the Nazis, where they wanted to kill all the Jews and then have a Jewish Museum that people could go and look at.

And that was Hitler's particular interest.

That's what I thought of right away when I read that. There are a lot of instances where their rhetoric reminds you of Nazi rhetoric.

This is how pseudo-fascism works: It's not real fascism. A real fascist would speak explicitly of rounding up liberals and sending them off to concentration camps. Pseudo-fascists don't; they offer instead a pale imitation that only hints at such action. And then they claim it's just a joke.

The real problem with this is that a lot of other movement conservatives say the same sort of thing -- and no one thinks for a moment they're joking.

We've seen a lot of examples of an openly stated desire to do away with liberalism, particularly by accusing liberals of treason and equating them with "the enemy," in the past couple of years. This has been most notable in the field of conservative-movement book titles, ranging from Ann Coulter's Treason: Liberal Treachery from the Cold War to the War on Terrorism to Sean Hannity's Deliver Us From Evil: Defeating Terrorism, Despotism and Liberalism to Michael Savage's The Enemy Within: Saving America from the Liberal Assault on Our Schools, Faith, and Military. The crass intimidation inherent in these attacks cannot be clearer; and if you go to places like Savage's Web site, "Your Gear for Liberals to Fear" is only a click away.

These all may seem relatively minor when taken individually, until you calculate their widespread effect. The eliminationist message coming from movement conservatives isn't relegated to the fringes, but is broadcast to millions of people. In the arena of mass politics, this can have a profound effect.

The way this plays out on the ground is an increasingly widespread intolerance, particularly in areas where conservatives dominate, for any vestige of liberalism. Small acts of nastiness and mean-spiritedness become common, and after awhile begin adding up. There's nothing organized, just an environment where politics actually begin to poison our community wells.

But while the eliminationist motif plays out on the local micro-level, it also manifests itself at the national level, particularly in the strategies employed by movement-conservative leaders.

Indeed, if one were to search for evidence of a totalitarian impulse in the modern American political arena, it would be hard to find a clearer example than the discrete conservative movement's drive toward creating a one-party state.

Take, for instance, Republican poobah Grover Norquist, who has a noted propensity for indulging in the same fantasies. On more than one occasion, Norquist has made clear that he intends to ride the conservative movement to the transformation of America into a one-party state -- and using any means necessary to achieve that end.

There was, for instance, the time that the Denver Post reported the following from Norquist:
"We are trying to change the tones in the state capitals -- and turn them toward bitter nastiness and partisanship," said Grover Norquist, a leading Republican strategist, who heads a group called Americans for Tax Reform.

"Bipartisanship is another name for date rape," Norquist, a onetime adviser to former House Speaker Newt Gingrich, said, citing an axiom of House conservatives.

In the same article, Norquist made clear that he saw Texas as a model for the rest of the country, as a place where Republicans would dominate the political scene in ruthless fashion. First to go, he said, were people like Rep. Charles Stenholm, a moderate Democrat:
..."[I]t is exactly the Stenholms of the world who will disappear, ... the moderate Democrats. They will go so that no Texan need grow up thinking that being a Democrat is acceptable behavior."

Considering what's taken place in Texas since Norquist made these remarks -- particularly the outrageous forced redistricting of the state that was clearly intended to gerrymander the GOP into long-term political dominance -- it's more than evident he wasn't just joking. (Fortunately, it now appears that Rep. Tom DeLay, the plan's mastermind, may finally pay a political price for this atrocity.)

The drive to create this one-party state is, in fact, well within reach for Republicans. Robert Kuttner explored the many facets of this campaign for American Prospect recently and concluded:
We are at risk of becoming an autocracy in three key respects. First, Republican parliamentary gimmickry has emasculated legislative opposition in the House of Representatives (the Senate has other problems). House Majority Leader Tom DeLay of Texas has both intimidated moderate Republicans and reduced the minority party to window dressing, rather like the token opposition parties in Mexico during the six-decade dominance of the PRI.

Second, electoral rules have been rigged to make it increasingly difficult for the incumbent party to be ejected by the voters, absent a Depression-scale disaster, Watergate-class scandal or Teddy Roosevelt-style ruling party split. After two decades of bipartisan collusion in the creation of safe House seats, there are now perhaps just 25 truly contestable House seats in any given election year (and that's before the recent Republican super gerrymandering). What once was a slender and precarious majority -- 229 Republicans to 205 Democrats (including Bernie Sanders of Vermont, an independent who votes with Democrats) -- now looks like a Republican lock. In the Senate, the dynamics are different but equally daunting for Democrats. As the Florida debacle of 2000 showed, the Republicans are also able to hold down the number of opposition votes, with complicity from Republican courts. Reform legislation, the 2002 Help America Vote Act (HAVA), may actually facilitate Republican intimidation of minority voters and reduce Democratic turnout. And the latest money-and-politics regime, nominally a reform, may give the right more of a financial advantage than ever.

Third, the federal courts, which have slowed some executive-branch efforts to destroy liberties, will be a complete rubber stamp if the right wins one more presidential election.

Taken together, these several forces could well enable the Republicans to become the permanent party of autocratic government for at least a generation.

As Kuttner suggests, these gains will be completely consolidated by a George Bush win in the coming presidential election. That makes its outcome truly vital:
Benjamin Franklin, leaving the Constitutional Convention in Philadelphia, was asked by a bystander what kind of government the Founders had bestowed. "A republic," he famously replied, "if you can keep it." There have been moments in American history when we kept our republic only by the slenderest of margins. This year is one of those times.

Another aspect of the completeness of this consolidation is the recent domination of the lobbying industry of Washington's K Street by movement conservatives, as Nicholas Confessore recently explored for Washington Monthly:
If today's GOP leaders put as much energy into shaping K Street as their predecessors did into selecting judges and executive-branch nominees, it's because lobbying jobs have become the foundation of a powerful new force in Washington politics: a Republican political machine. Like the urban Democratic machines of yore, this one is built upon patronage, contracts, and one-party rule. But unlike legendary Chicago mayor Richard J. Daley, who rewarded party functionaries with jobs in the municipal bureaucracy, the GOP is building its machine outside government, among Washington's thousands of trade associations and corporate offices, their tens of thousands of employees, and the hundreds of millions of dollars in political money at their disposal.

Confessore details some of the ruthless tactics employed by Republicans in their attempts to drive out liberal lobbyists on K Street, beginning shortly after the GOP gained control of Congress in 1994:
... One way was to start ensuring that the new GOP agenda of radical deregulation, tax and spending cuts, and generally reducing government earned the financial support they thought it deserved. In 1995, DeLay famously compiled a list of the 400 largest PACs, along with the amounts and percentages of money they had recently given to each party. Lobbyists were invited into DeLay's office and shown their place in "friendly" or "unfriendly" columns. ("If you want to play in our revolution," DeLay told The Washington Post, "you have to live by our rules.") Another was to oust Democrats from trade associations, what DeLay and Norquist dubbed "the K Street Strategy." Sometimes revolutionary zeal got the better of them. One seminal moment, never before reported, occurred in 1996 when Haley Barbour, who was chairman of the Republican National Committee, organized a meeting of the House leadership and business executives. "They assembled several large company CEOs and made it clear to them that they were expected to purge their Washington offices of Democrats and replace them with Republicans," says a veteran steel lobbyist. The Republicans also demanded more campaign money and help for the upcoming election. The meeting descended into a shouting match, and the CEOs, most of them Republicans, stormed out.

Significantly, Confessore reaches the same conclusion as Kuttner, namely, that a Bush win means the long-term consolidation of the right's power:
But most Republicans seem confident that the strength they gain by harnessing K Street will be enough to muscle through the next election -- so confident, in fact, that Bush, breaking with conventional electoral wisdom, has eschewed tacking to the political center late in his term. And if the GOP can prevail at the polls in the short term, its nascent political machine could usher in a new era of one-party government in Washington. As Republicans control more and more K Street jobs, they will reap more and more K Street money, which will help them win larger and larger majorities on the Hill. The larger the Republican majority, the less reason K Street has to hire Democratic lobbyists or contribute to the campaigns of Democratic politicians, slowly starving them of the means by which to challenge GOP rule. Already during this cycle, the Republicans' campaign committees have raised about twice as much as their Democratic counterparts. So far, the gamble appears to be paying off.

The "machine" that Confessore describes, in fact, has more than a passing resemblance to the political apparatus erected in other totalitarian states, notably Soviet Russia -- though in this case, it is a decidedly right-wing brand of totalitarianism. This was described recently by Jerry Landay, writing for Media Transparency, who detailed the power structure that has been propelling this drive toward a one-party state, labeling it "The Apparat".

Landay details the network of non-profit foundations and think tanks that comprise the body of this party apparat (which I briefly described in Part 1):
Rob Stein, an independent Washington researcher, follows the money flow to the radical activist establishment. He estimates that since the early 1970s at least $2.5 to $3 billion in funding has been awarded to the 43 major activist organizations he tracks that constitute the core of the radical machine.

He terms the big 43 the "cohort" -- an "incubator of right-wing, ideological policies that constitute the administration's agenda, and, to the extent that it has one, runs its policy machinery."

He calls the cohort "a potent, never-ending source of intellectual content, laying down the slogans, myths, and buzz words that have helped shift public opinion rightward." The movement's propulsive energies are largely generated within the cohort.

Stein describes it as movement conservatism's "intellectual infrastructure" -- multiple-issue, non-profit, tax-exempt, and supposedly non-partisan. The apparatus includes think tanks, policy institutes, media-harassment enterprises, as well as litigation firms that file lawsuits to impose their ideological templates on the law.

They mastermind the machinery of radical politics, policy, and regulations. They include campus-based centers of scholarship, student associations, and scores of publications. The shorthand of their faith is well known: less government, generous tax cuts for the privileged, privatization or elimination of Social Security and Medicare, rollbacks of environmental safeguards, major curbs on the public's right to go to court, and a laissez-faire free market system unfettered by regulations or public-interest accountability. Bush campaigns to advance the ideological agenda of the right, and the radical front in turn campaigns for Bush.

Most studies of the growth of movement conservatism have traced the money flow to a handful of right-wing foundations funded by ultra-conservative millionaires, but Landay observes that the base has now expanded exponentially:
In the early 1970s, when the movement was spawned, most of the seed funding came from a relative handful of private foundations established by far-right industrialists and inherited wealth.

They included, most notably, the Lynde and Harry Bradley Foundation of Milwaukee, the John M. Olin Foundation of New York City, the quartet of foundations controlled by Richard Mellon Scaife of Pittsburgh, the Smith Richardson Foundation (Vicks), the Castle Rock Foundation (Coors beer), and the Koch family foundations (energy).

Today, the right's funding base has hugely expanded. The NCRP now identifies a total of 79 private foundations that make grants to right-wing political action groups. The NCRP estimates that those foundations granted some $253 million to the 350 activist organizations between 1999 and 2001 alone.

Scores of for-profit corporations add millions more to the funding stream. These include Time-Warner, Altria (Philip Morris), AT&T, Microsoft, Pfizer, Eli Lilly and other members of the pharmaceutical industry, the two titans of the military-industrial complex Boeing and Lockheed Martin, as well as telecommunications, banking, real estate, and financial interests. Precise information on corporate contributions to tax exempt organizations is scarce since the IRS does not require their public disclosure.

None of this growth and consolidation of power, of course, would be possible without the participation of the media, both passively and actively. This has been made possible by a two-pronged attack: Placing movement conservatives, through assiduous promotion and manipulation, in influential positions among the media punditry; and maintaining a loud and merciless campaign against a mythical "liberal media bias" that includes waging campaigns intimidation against any person who dares stray from the party line.

Landay describes how the movement apparat has worked at placing its mouthpieces in key media positions, to the point that they are now able to dominate the national discourse:
The positioning of these right wing operatives within the "mainstream" media surely puts the lie to the old "liberal media" canard, which despite its demonstrable falsity is still standard cant for the conservative propaganda mill. This myth serves to divert attention from the stunning dominance of the right wing in media.

A look at the 15 most widely syndicated newspaper columnists makes the point: Nine -- 56 percent -- are solidly right-wing. Of the remaining six, only three are solidly liberal -- Molly Ivins, Nat Hentoff, and Ellen Goodman.

The far right machine also controls the microphone. The top 27 syndicated on-air hosts are right-wing. There is not one liberal voice among them. Journalists and personalities of the right reach millions of people through hundreds of radio and television stations, and cable channels.

Of course, in the name of providing balance, what the media chieftains who have overseen this trend have in fact done is, in the name of displacing an alleged "liberal bias," erected in its place a de facto conservative bias. The object, of course, should be eliminating any bias -- but then, that would put attack dogs like Coulter and Hannity out of business.

In place of objectivity -- in which journalists independently examine the truth of the matter on which they are writing and report that -- we've been treated to a deluge of "he said/she said" journalism, in which factually true statements are "balanced" by factually false counters, and both are presented merely as equivalent viewpoints.

Paul Glastris earlier this summer discussed the media's timidity in confronting this failure:
Yet even when journalists' own evidence plainly shows that one party has become more moderate and the other more ideologically extreme, they can't bring themselves to say so.

The point is not necessarily that the Republicans have done wrong by being partisan and ideological. The point is that they have clearly taken the lead in dismantling bipartisanship by uniting around a radically conservative agenda and consciously -- even gleefully -- defying the old unwritten rules of politics that once kept partisanship and ideology in check. The same simply does not hold true on the other side of the political spectrum. You can say a lot of things about the Democrats. You can say the party's grassroots loathes Bush just as intensely as Republicans loathed Clinton. You can say Democratic members of Congress have, belatedly, become less naive about making deals with the Bush administration. But you can't say Democrats have moved farther to the left. They have recognized a radical presidency for what it is -- but that does not make them radical as well.

Reporters for mainstream outlets have a difficult job trying to write about one of the most divisive of subjects, politics, in a way that does not alienate their heterogeneous readership or call forth too many outraged emails challenging their fairness. But they ought to find a way to acknowledge the obvious truth that Republican radicalism is driving the polarization of American politics. That goes double for those journalists and pundits most pained by the loss of bipartisan civility in Washington. They do their cause no good by clinging to the fiction that America's political polarization is equally the fault of both parties. Moderation and compromise can return to the nation's capital only if and when the GOP itself moves back to the civil center -- which, over the long term, is probably in the party's electoral interest as well. Some tough love and honest talk from the nation's top political writers might hasten that day.

There have been recent signs that journalists are becoming more aware of the extent and nature of the problem -- particularly the current controversy over Mark Halperin's memo to the staff at ABC News, warning them not to fall into the trap of assuming that the levels of mendacity from the two presidential campaigns were equivalent. As Josh Marshall notes, this was "simply a news organization trying to grapple with the same reality that every respectable news outlet is now dealing with -- how to report on the fusillade of lies the Bush campaign has decided to use against John Kerry in the final weeks of the campaign."

But led by the Drudge Report and a number of prominent right-wing bloggers, the right has again unleashed one of its massive intimidation campaigns aimed at forcing ABC News to toe the conservative-movement line, in much the way that Landay described in his Media Transparency piece:
The apparat's media-attack organizations are charged with keeping journalists in line, mobilizing the base to wage harassment campaigns against media organizations and reporters they dub as too "liberal." Journalists who dare criticize the Administration are priority targets for abuse. For that reason, among others, Americans learn almost nothing from mainstream media about the apparat, whose media-attack operations effectively silenced Hillary Clinton's charges of a "vast right-wing conspiracy" operating against her husband's administration.

The terrorist attacks of Sept. 11, 2001, the resulting "war on terror" and subsequent invasion of Iraq all played major roles in fomenting this syndrome. At each step of the drama, liberals (increasingly defined as "anyone not in line with conservative movement dogma") in the media and elsewhere were accused of aiding and abetting the enemy, and increasingly became identified with the enemy. Manipulating a traumatized national psyche, the conservative movement throughout the drama began responding to its critics by mobilizing intimidation campaigns both from above and below, further shutting liberals off from national discourse, and doing their utmost to silence dissent, especially as its intiatives on a variety of fronts began producing grotesque disasters.

These campaigns played a decisive role in the way American journalists covered the misbegotten decision to invade Iraq, an invasion we now know was based on false pretenses. Michael Massing in the New York Review of Books described, in massive detail, the way the this syndrome worked:
In the period before the war, US journalists were far too reliant on sources sympathetic to the administration. Those with dissenting views—and there were more than a few—were shut out. Reflecting this, the coverage was highly deferential to the White House. This was especially apparent on the issue of Iraq's weapons of mass destruction— the heart of the President's case for war. Despite abundant evidence of the administration's brazen misuse of intelligence in this matter, the press repeatedly let officials get away with it. As journalists rush to chronicle the administration's failings on Iraq, they should pay some attention to their own.

The media were especially manipulated, he reports, by intimidation from within the ranks of journalists and without:
On December 12, for example, The Washington Post ran a front-page story by Barton Gellman contending that al-Qaeda had obtained a nerve agent from Iraq. Most of the evidence came from administration officials, and it was so shaky as to draw the attention of Michael Getler, the paper's ombudsman. In his weekly column, Getler wrote that the article had so many qualifiers and caveats that

the effect on the complaining readers, and on me, is to ask what, after all, is the use of this story that practically begs you not to put much credence in it? Why was it so prominently displayed, and why not wait until there was more certainty about the intelligence?


And why, he might have added, didn't the Post and other papers devote more time to pursuing the claims about the administration's manipulation of intelligence? Part of the explanation, no doubt, rests with the Bush administration's skill at controlling the flow of news. "Their management of information is far greater than that of any administration I've seen," Knight Ridder's John Walcott observed. "They've made it extremely difficult to do this kind of [investigative] work." That management could take both positive forms—rewarding sympathetic reporters with leaks, background interviews, and seats on official flights—and negative ones— freezing out reporters who didn't play along. In a city where access is all, few wanted to risk losing it.

As Massing explains, the mobilization of the conservative-movement rank and file in shouting down these reservations played a crucial role:
Such sanctions were reinforced by the national political climate. With a popular president promoting war, Democrats in Congress were reluctant to criticize him. This deprived reporters of opposition voices to quote, and of hearings to cover. Many readers, meanwhile, were intolerant of articles critical of the President. Whenever The Washington Post ran such pieces, reporter Dana Priest recalls, "We got tons of hate mail and threats, calling our patriotism into question." Fox News, Rush Limbaugh, and The Weekly Standard, among others, all stood ready to pounce on journalists who strayed, branding them liberals or traitors—labels that could permanently damage a career. Gradually, journalists began to muzzle themselves.

David Albright experienced this firsthand when, during the fall, he often appeared as a commentator on TV. "I felt a lot of pressure" from journalists "to stick to the subject, which was Iraq's bad behavior," Albright says. And that, in turn, reflected pressure from the administration: "I always felt the administration was setting the agenda for what stories should be covered, and the news media bought into that, rather than take a critical look at the administration's underlying reasons for war." Once, on a cable news show, Albright said that he felt the inspections should continue, that the impasse over Iraq was not simply France's fault; during the break, he recalls, the host "got really mad and chastised me."

"The administration created a set of truths, then put up a wall to keep people within it," Albright says. "On the other side of the wall were people saying they didn't agree. The media were not aggressive enough in challenging this."

Part of the reason they were cowed, of course, was the sheer volume of utter nastiness directed at war dissenters, which reflected just how thoroughly movement followers were being energized by the direct appeals to their fears and insecurities in the post-9/11 world.

This in turn was due in large part to the way the Bush administration has approached the "war on terror," not merely as matter of national security, but as an apocaplyptic confrontation between good and evil. In this way, movement conservatives have had free rein to portray their opponents as agents of the dark side and themselves as the champions of goodness and light. In a nation still reeling psychologically from the trauma of the attacks, this characterization of reality found a receptive audience with a sizeable portion of the populace.

In his piece for The Nation titled "American Apocalypse" (essentially an essay-length version of his incisive text Superpower Syndrome: America's Apocalyptic Confrontation with the World), the famed psychiatrist Robert Jay Lifton observed this dynamic in action:
Warmaking can quickly become associated with "war fever," the mobilization of public excitement to the point of a collective experience of transcendence. War then becomes heroic, even mythic, a task that must be carried out for the defense of one's nation, to sustain its special historical destiny and the immortality of its people. In this case, the growth of war fever came in several stages: its beginnings, with Bush's personal declaration of war immediately after September 11; a modest increase, with the successful invasion of Afghanistan; and a wave of ultrapatriotic excesses -- triumphalism and labeling of critics as disloyal or treasonous -- at the time of the invasion of Iraq. War fever tends always to be sporadic and subject to disillusionment. Its underside is death anxiety, in this case related less to combat than to fears of new terrorist attacks at home or against Americans abroad -- and later to growing casualties in occupied Iraq.

The scope of George Bush's war was suggested within days of 9/11 when the director of the CIA made a presentation to the President and his inner circle, called "Worldwide Attack Matrix," that described active or planned operations of various kinds in eighty countries, or what Woodward calls "a secret global war on terror." Early on, the President had the view that "this war will be fought on many fronts" and that "we're going to rout out terror wherever it may exist." Although envisaged long before 9/11, the invasion of Iraq could be seen as a direct continuation of this unlimited war; all the more so because of the prevailing tone among the President and his advisers, who were described as eager "to emerge from the sea of words and pull the trigger."

The war on terrorism is apocalyptic, then, exactly because it is militarized and yet amorphous, without limits of time or place, and has no clear end. It therefore enters the realm of the infinite. Implied in its approach is that every last terrorist everywhere on the earth is to be hunted down until there are no more terrorists anywhere to threaten us, and in that way the world will be rid of evil. Bush keeps what Woodward calls "his own personal scorecard for the war" in the form of photographs with brief biographies and personality sketches of those judged to be the world's most dangerous terrorists, each ready to be crossed out if killed or captured. The scorecard is always available in a desk drawer in the Oval Office.

The apocalyptic foundations of the Bush "war on terror" have been undergirded throughout by a closely related feature of Bush's carefully constructed image: namely, his fundamentalist religiosity. In the face of a distinct lack of actual charisma, this image has served as a way for Bush to inspire extreme devotion to his every pronouncement and policy among movement followers. After all, he is being divinely guided in his every step, according to the mythology in which the movement has shrouded him.

Rick Perlstein rather tellingly described this dynamic in action for Village Voice in a July piece titled "The Church of Bush", which explore how Team Bush goes about building this foundation:
On July 15, the Bush-Cheney campaign organized 6,925 "Parties for the President" in supporters' homes nationwide. I chose to attend in Portland, Oregon. The right love to believe the whole world is against them. In a county where Ralph Nader got a quarter of the votes of George Bush and Al Gore well over double, the sense of martyrdom is especially fragrant: Portland's conservatives are like others anywhere, only more so. One leader told me that here, it's the conservatives who are oppressed by the gays.

Readers of this series will recognize several pseudo-fascist "mobilizing passions" (described in Part 1) at play here, notably the overwhelming sense of victim and persecution at the hands of the enemy, both within and without. This crops up continually:
Says Delores: "There is an agenda—to get rid of God in our country."

Chirps the reporter: Certainly not on the part of John Kerry, who once entertained dreams of entering the priesthood.

I'm almost laughed out of the room.

I ask why Kerry goes to mass every week if he's trying to get rid of God. "Public relations!" a young man calls out from across the room. "Same reason he does everything else." Cue for Delores to repeat something a rabbi told her: "We have to stand together, because this is what happened in Europe. You know—once they start taking this right and that right. And you have the Islamic people . . . "

She trails off. I ask whether she's referring to the rise of fascism. "We're losing our rights as Christians: yes. And being persecuted again."

In the end, Perlstein concludes:
Conservatives see something angelic in George Bush. That's why they excuse, repress, and rationalize away so much.

And that is why conservatism is verging on becoming an un-American creed.

In more recent weeks, the tempo and tenor of this appeal to apocalyptic fundamentalism has stepped up. Now conservatives are releasing, as a counterpoint to Michael Moore's Fahrenheit 9/11, a pro-Bush movie titled George W. Bush: Faith in the White House, which Frank Rich at the New York Times describes in stomach-churning detail (via Jenny Greenleaf at The American Street):
More than any other campaign artifact, it clarifies the hard-knuckles rationale of the president's vote-for-me-or-face-Armageddon re-election message. It transforms the president that the Democrats deride as a "fortunate son" of privilege into a prodigal son with the "moral clarity of an old-fashioned biblical prophet." Its Bush is not merely a sincere man of faith but God's essential and irreplaceable warrior on Earth. The stations of his cross are burnished into cinematic fable: the misspent youth, the hard drinking (a thirst that came from "a throat full of Texas dust"), the fateful 40th-birthday hangover in Colorado Springs, the walk on the beach with Billy Graham. A towheaded child actor bathed in the golden light of an off-camera halo re-enacts the young George comforting his mom after the death of his sister; it's a parable anticipating the future president's miraculous ability to comfort us all after 9/11. An older Bush impersonator is seen rebuffing a sexual come-on from a fellow Bush-Quayle campaign worker hovering by a Xerox machine in 1988; it's an effort to imbue our born-again savior with retroactive chastity. As for the actual president, he is shown with a flag for a backdrop in a split-screen tableau with Jesus. The message isn't subtle: they were separated at birth.

... It's not just Mr. Bush's self-deification that separates him from the likes of Lincoln, however; it's his chosen fashion of Christianity. The president didn't revive the word "crusade" idly in the fall of 2001. His view of faith as a Manichaean scheme of blacks and whites to be acted out in a perpetual war against evil is synergistic with the violent poetics of the best-selling "Left Behind" novels by Tim LaHaye and Jerry Jenkins and Mel Gibson's cinematic bloodfest. The majority of Christian Americans may not agree with this apocalyptic worldview, but there's a big market for it. A Newsweek poll shows that 17 percent of Americans expect the world to end in their lifetime. To Karl Rove and company, that 17 percent is otherwise known as "the base."

What's important to understand is what the nature of these appeals -- and their self-evident success -- tells us simultaneously about the nature of the audience. Because the very nature of fundamentalist apocalypticism is profoundly dualist -- entirely contingent on a black-and-white Manichean worldview -- it is clear that the majority of at least the religious followers of the conservative movement are what is known as "totalists".

Fundamental to understanding totalitarianism is realizing that, contrary to the "brainwashing" model in which the totalitarian regime is imposed on a society from without and against their will, the reality is that nearly every totalitarian regime in history has succeeded because of the avid and willing participation of citizens eager to be its subjects. These people are, in the coinage of the famed psychologist Erik Erikson, "totalists."

I discussed Erikson's work previously in "Rush, Newspeak and Fascism," but it's worth remembering in this context how totalism works, as described by Dick Anthony and Jerome Robbins in their essay "Religious Totalism, Violence and Exemplary Dualism: Beyond the Extrinsic Model":
Social movements with distinctly dualistic worldviews provide psycho-ideological contexts which facilitate attempts to heal the split self by projecting negativity and devalued self-elements onto ideologically devalued contrast symbols. But there is another possible linkage between these kinds of movements and individuals with split selves in the throes of identity confusion. People with the whole range of personality disorders, which utilize splitting and projective identification, tend to have difficulties in establishing stable, intimate relationships. Splitting tends to produce volatile and unstable relationships as candidates for intimacy are alternately idealized and degraded. Thus, narcissists tend to have vocational, and more particularly, interpersonal difficulties as they obsessively focus upon status-reinforcing rewards in interpersonal relations. They have difficulty developing social bonds grounded in empathy and mutuality, and their structure of interpersonal relations tends to be unstable. Thus, individuals may be tempted to enter communal and quasi-communal social movements which combine a more structured setting for interpersonal relations with a dualistic interpersonal theme of 'triangulation' which embodies the motif of 'the enemy of my enemy is my friend.'

Such movements create a sense of mutuality by focusing attention on specific contrast groups and their values, goals and lifestyles so that this shared repudiation seems to unite the participants and provide a meaningful 'boundary' to operationalize the identity of the group. Solidarity within the group and the convert's sense of dedication and sacrifice on behalf of group goals may enable him or her to repudiate the dissociated negative (bad, weak or failed) self and the related selfish and exploitative self which they may be aware that others might have perceived. These devalued selves can then be projected on to either scapegoats designated by the group or, more generally, non-believers whose values and behavior allegedly do not attain the exemplary purity and authenticity of that of devotees.

As I observed then, any implication contained in all this that the conservative movement's followers will be essentially dysfunctional people is little source of comfort either, for as they note at the end, this kind of susceptibility to authoritarianism obviously increases during such periods of social chaos as we have had since Sept. 11:
We do not necessarily view the members of exemplary dualist groups as mentally ill or deeply disturbed relative to average levels of developmental maturity in the general population. We do believe that such groups appeal to individuals with certain identity constructions and difficulties. Nevertheless some degree of splitting, projective identification and polarized identity may be 'normal' for most people in mainstream culture.

People with completely holistic selves with an integrated ethical orientation rather than split-off negative external conscience may be relatively unusual, particularly in periods when general meaning orientations in the culture as a whole have declined in coherence and plausibility. ... When mainstream cultural coherence declines, and anomie and identity confusion become more common, active seeking for exemplary dualist involvements is one possible solution to immediate psychic pain.

The conservative movement's straightforward appeal to a dualist and apocalyptic mindset is, in fact, the cornerstone of its drive to create a one-party state -- because nurturing such a mindset among the masses is absolutely essential to establishing that kind of totalitarian political control.

This program is neither accidental nor random in its nature. It appears rather to be very carefully designed according to certain key principles of communication.

A more careful examination reveals that what it most closely resembles, in fact, is a program of psychological warfare, waged not against opposing nations but the American populace itself.

Next: Warfare By Other Means

Saturday, October 09, 2004

The fleecing of America

Some headlines almost write themselves ... especially when it comes to clothing for sale from our friends at Newsmax, such as these fashionable items:
"USS George Bush" fleece

Dude, you are stylin'!

Of course, these shirts actually honor the George H. W. Bush, a nuclear-propelled aircraft carrier, and technically have nothing to do with the current Commander in Chief. But as fashion statements go, do you think anyone buying these will know the difference?

[Hat tip to Paul Lukasiak.]

Strict construction

I've already remarked on how George Bush, in last night's debate, asserted that he would seek to appoint "strict constructionists" to the Supreme Court should an opening occur -- a position that, as I observed, has deeper ramifications than were discussed in the debate. These include undermining not only the right to choose an abortion but the very basic right to privacy itself.

But the problems with this approach to the law extend well beyond just these issues. It would be tempting to call the so-called "strict constructionists" deeply radical at their core, though that would be accurate in terms of their effect on the law. It would be more accurate, in fact, to label them profoundly reactionary.

"Strict constructionists" are not in favor of merely returning the nation to that mythical Golden Age of postwar America so beloved of conservatives when men were men, women were housewives, and Negroes knew their place. No, their brand of law actually hearkens back to an era in American history when civil rights and basic social equality were held permanently in abeyance by a court system whose first and last loyalties were to an elite ruling class of wealthy robber barons.

You see, "strict construction" is actually just another term for a kind of judicial philosophy called "legal formalism":
Legal formalism is a view in jurisprudence and the philosophy of law. Legal formalists argue that judges and other public officials should be constrained in their interpretation of legal texts by their plain meaning and/or the intentions of their authors. Legal formalism can be contrasted to legal instrumentalism, a view associated with American legal realism. Instrumentalism is usually the view that creativity in the interpretation of legal texts is justified in order to assure that the law serves good public policy and social interests, although legal instrumentalists could also see the end of law as the promotion of justice or the protection of human rights. Legal formalists counter that giving judges authority to change the law to serve their own ideas about good policy undermines the rule of law. Another critique of legal formalism has been offered by the critical legal studies movement, which has argued that law is indeterminate.

Justice Antonin Scalia of the United States Supreme Court is noted for his formalist views about a variety of topics, particularly his view that the United States Constitution should be interpreted in accord with its original meaning and his view that statutes should be read in accord with their plain meaning.

Among the chief attributes of legal formalism is a callous indifference to the injustices inherent in a system of laws weighted in favor of a small class of wealthy elites:
The second characteristic of legal formalism is its indifference to substantive justice. Dominant groups and individuals exercise their power by subjecting every citizen to the same rules so that formal justice masks substantive social differences and inequalities. Legal discourse is isolated from the purview of political, social and ethical/moral discourses, and legal reasoning is severed from any external criterion which can be used to judge and evaluate social behaviour. Thus moral standards, ethical behaviour and, crucially, questions of justice are eliminated from legal reasoning. What the law is and what it ought to be are argued by legal practitioners to be independent questions. Indeed, modern judges are expected to be remote and disinterested.

Legal formalism was a dominant force in the American courts between 1865 and 1930. it reached its apex, probably, in the period 1890-1910, when it was predictable in its wholehearted defense of the interests of the ruling elite, the 1 percent of the population who controlled well over half of the nation's wealth.

The result was a society in which 60-hour workweeks for laborers in all fields of production was the norm; in which child labor was rampant and innately abusive; in which workers had no rights to unionize or otherwise organize; in which eight-hour days and weekends were utterly unheard of. Formal education was largely reserved for the children of the upper and upper middle classes.

This milieu is thoroughly described in J. Anthony Lukas' final book, Big Trouble, pp. 280-281:
... In that first decade of the new century, the Supreme Court, presided over by Chief Justice Melville W. Fuller, was not a particularly distinguished judicial body. President Theodore Roosevelt, increasingly at odds with the Court, accused it of assuming "functions which properly belonged to the legislative bodies" and labeled one recent decision "a very slovenly piece of work."

As early as 1895, two of its landmark decisions -- Pollock v. Farmers Loan and Trust Co., which invalidated the federal income tax, and In re Debs, which upheld a federal court injunction to break the Pullman strike -- left the impression that the Fuller Court was hostile to the aspirations of labor and the poor alike. A decade later, this reputation was reinforced by the notorious Lochner v. New York, which invalidated a state law placing a sixty-hour ceiling on the workweek of bakery employees, because it violated liberty of contract. Moreover, the Court asserted that private contracts were outside the scope of the law and thus the state couldn't interfere with them. Like no other case before or after, Lochner stirred public outrage at the Court's rigidity, preparing a fertile field in which the seeds of Progressive dissent could flourish. Other decisions -- Adair v. United States (1908), which invalidated legislation protecting union activity, and Ex parte Young (1908), blocking enforcement of laws governing railroad rates -- put the Court increasingly at odds with the Progressive era. Henceforth, critics writing within that tradition accused the Fuller Court of using the constitutional ideal of "liberty" to camouflage its defense of narrow class interests. [Emphasis mine. -- ed]

The prevailing judicial doctrine of the time has been termed "formalism," which one commentator calls "less a habit of mind than a habit of style, less a way of thinking than a way of disguising thought." Opinions were frequently "bombastic, diffuse, drearily logical, crammed with unnecessary citations." Underlying the formalistic style was the cherished notion that judges did not make law but merely discovered it in precedent or in the fount of all wisdom, the Constitution.

The cult of the Constitution can be read in the exaltation by Henry R. Estabrook, a New York attorney: "Our great and sacred Constitution, serene and inviolable, stretches its beneficent powers over our land ... like the outstretched arm of God himself ... O Marvelous Constitution! Magic Parchment! Transforming Word! Maker, Monitor, Guardian of Mankind!"

... By default, the intellectual leadership of the Court fell to two justices -- David J. Brewer and Rufus W. Peckham -- who reflected the business-oriented conservatism that held sway in Washington for decades before the century's turn. Of the two, Brewer was the stronger personality and his worldview the more bleakly reactionary. As such, he drew Theodore Roosevelt's private but "profound" contempt.

Brewer and Peckham favored a "self-regulating, competitive market economy presided over by a neutral, impartial and decentralized 'night watchman' state." If pressures were building for government to shuck some of its vaunted neutrality in order to avoid social chaos, Brewer at least was having none of it. In a speech to the New York State Bar in 1893 ... he asserted that "it is the unvarying law, that the wealth of a community will be in the hands of a few," warned of "the red flag of socialism, inviting a redistribution of property," and cautioned that, unchecked, "the wide unrest that fills the land ... will culminate in revolution."

What's notable about formalism is the way it manipulates the meaning of the law to achieve a desired and predetermined result, especially by waving "liberty" as a catch-all excuse for any kind of corporate abuse of working people's rights. This propensity was as common in 1904 as it is in 2004.

Similarly, when "strict constructionists" declare Roe v. Wade an illegitimate ruling by claiming that the Constitution contains no right to privacy, they do so through a very narrow reading of the Bill of Rights. While arguing that no privacy right is explicitly elucidated, they conveniently overlook those parts of the Constitution that inherently depend on such a right: the Third Amendment's prohibition against the forced quartering of soldiers, the Fourth Amendment's declaration of "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures". It's also imnportant to keep in mind the Ninth Amendment, which makes clear that the listing of individual rights is not intended to be comprehensive, and that "the people" have other rights not specifically mentioned in the Constitution. It is, in fact, hardly a far reach to ascertain that a right to privacy is one of those.

Legal formalism is to jurisprudence what fundamentalism is to theology. It applies the same kind of backward logic, in which a position or belief is arrived at beforehand, and then evidence is gathered from a narrow reading of select verses to "prove" it. Its outcomes, as a result, are extraordinarily manipulable. While formalists are fond of decrying the "activism" of legal realists, the reality is that their own brand of legal philosophy was every bit as prone (if not more so) to activism on behalf of narrow interests.

Formalism, in fact, is responsible for some of the great travesties of American jurisprudence. It was, in fact, the ruling philosophy in the much-reviled Plessy v. Ferguson case, which maintained that a doctrine of "separate but equal" racial separation (later overturned by that notorious "activist" ruling, Brown v. Board of Education) was constitutional.

So it was noteworthy that Bush, in the process of explaining his support for "strict construction," trotted out the example of the notorious Dred Scott ruling of 1856 as an example of an "activist judiciary":
Another example would be the Dred Scott case, which is where judges, years ago, said that the Constitution allowed slavery because of personal property rights.

That's a personal opinion. That's not what the Constitution says. The Constitution of the United States says we're all -- you know, it doesn't say that. It doesn't speak to the equality of America.

Actually, Bush had it precisely backward. In fact, the Constitution at the time declared Negroes were not full citizens. And the actual Dred Scott v. Sandford ruling, if you take the time to read it, was an exercise in an extraordinarily blind kind of formalism:
The question is simply this: Can a negro, whose ancestors were imported into this country, and sold as slaves, become a member of the political community formed and brought into existence by the Constitution of the United States, and as such become entitled to all the rights, and privileges, and immunities, guarantied by that instrument to the citizen? One of which rights is the privilege of suing in a court of the United States in the cases specified in the Constitution.

... The words 'people of the United States' and 'citizens' are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the Government through their representatives. They are what we familiarly call the 'sovereign people,' and every citizen is one of this people, and a constituent member of this sovereignty. The question before us is, whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word 'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate [60 U.S. 393, 405] and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them.

In other words, the justices were ruling in precisely the fashion that Bush prescribes for any future Supreme Court appointee: they strictly adhered to the text of the Constitution. "Formalism" as a jurisprudential style had not been identified in 1856, but it's clear that its tenets were the same as those undergirding Dred Scott.

Notably, the ruling makes a classic formalist disclaimer regarding the duties of the court vis a vis the realities of the laws it is enfording:
It is not the province of the court to decide upon the justice or injustice, the policy or impolicy, of these laws. The decision of that question belonged to the political or law-making power; to those who formed the sovereignty and framed the Constitution. The duty of the court is, to interpret the instrument they have framed, with the best lights we can obtain on the subject, and to administer it as we find it, according to its true intent and meaning when it was adopted.

Bush's "strict constructionists" -- contrary to his up-is-down characterization of them -- in fact, given the same legal circumstances, would be likely to reproduce not just Dred Scott, but Plessy v. Ferguson and Lochner v. New York. And they would herald, almost just as certainly, a new "Golden Age" of iron-fisted rule by the nation's wealthy elites.

Friday, October 08, 2004

A little privacy, please

Speaking of lost opportunities, I thought John Kerry missed a key opening in tonight's debate to discuss just what's at stake with the Supreme Court appointments likely to occur under the next president's watch.

An audience member asked Bush who he would pick for any future opening. Bush answered:
I would pick somebody who would not allow their personal opinion to get in the way of the law. I would pick somebody who would strictly interpret the Constitution of the United States.

... And so, I would pick people that would be strict constructionists.

Kerry's rejoinder mostly went after Bush's use of labels to make these kinds of decisions, which politically speaking may make a certain sense. But it missed the most significant point about Bush's position.

Voters need to understand just what Bush means when he talks about placing "strict constructionists" on the court. The "strict constructionists" who favor overturning Roe v. Wade, for example, do so on the basis of the argument that the right to privacy -- which forms the foundation of that ruling -- doesn't exist. You see, because this basic right is not explicitly spelled out in the Constitution, even though it is woven into its very fabric, these judicial activists of the conservative stripe claim that it's not innate to the rights Americans enjoy.

Taking away the right to privacy, of course, has ramifications well beyond abortion. And so when George Bush tells Americans that he intends to appoint these "strict constructionists" to the bench, they need to ask in return whether George Bush believes in the right to privacy.

Because the judges he wants to appoint don't. For most Americans -- who cherish their right to privacy -- that is a paramount consideration.

It may take some courage for Kerry to make this point. But the public will not be well served by having debates that dance around the real issues.

Can you say Sa-tan?

Listening to right-wing talk radio in Seattle tonight after the debate. A caller to KTTH-AM, home of Rush Limbaugh and Michael Savage, offered the following observation about John Kerry:

"I believe this man is an agent of Satan," the caller, an elderly woman, said.

One of the co-hosts said: "Hey, I like that."

Then she continued: "I believe he's going to pave the way for the New World Order, and eventually will help usher in the Antichrist."

The hosts thanked her for the call and went to a commercial break.

Won't get fooled again

For all the natter about timber companies and the fact that George Bush managed not to look like an utter buffoon in tonight's debate, there was one moment that I think will resonate throughout this election.

It came when an audience member asked Bush the following question:
GRABEL: President Bush, during the last four years, you have made thousands of decisions that have affected millions of lives. Please give three instances in which you came to realize you had made a wrong decision, and what you did to correct it. Thank you.

BUSH: I have made a lot of decisions, and some of them little, like appointments to boards you never heard of, and some of them big.

And in a war, there's a lot of -- there's a lot of tactical decisions that historians will look back and say: He shouldn't have done that. He shouldn't have made that decision. And I'll take responsibility for them. I'm human.

But on the big questions, about whether or not we should have gone into Afghanistan, the big question about whether we should have removed somebody in Iraq, I'll stand by those decisions, because I think they're right.

BUSH: That's really what you're -- when they ask about the mistakes, that's what they're talking about. They're trying to say, "Did you make a mistake going into Iraq?" And the answer is, "Absolutely not." It was the right decision.

The Duelfer report confirmed that decision today, because what Saddam Hussein was doing was trying to get rid of sanctions so he could reconstitute a weapons program. And the biggest threat facing America is terrorists with weapons of mass destruction.

We knew he hated us. We knew he'd been -- invaded other countries. We knew he tortured his own people.

On the tax cut, it's a big decision. I did the right decision. Our recession was one of the shallowest in modern history.

Now, you asked what mistakes. I made some mistakes in appointing people, but I'm not going to name them. I don't want to hurt their feelings on national TV.

As Sam Rosenfeld (via Atrios) points out:
Think about the only thing he pointed to as a mistake: appointments. That is to say, the only mistake he made is some other folks screwing up their jobs. Even his single mistake is someone else's fault. And then, the way he tried to tell the audience member that he knew the real reason she was asking her question -- that he knew the insinuation she was trying to make: "When people ask that question, they're really talking about Iraq". Who the hell is he to explain to an ordinary citizen what she meant by her own question? (And let's remember, the lady went out of her way to say explicitly to Bush that "you've made thousands of decisions as president that have affected millions of people," and then ask out of all those thousands of decisions what are three that were mistakes; how was that obviously a question about Iraq?) Bush's arrogance, his defensiveness, the insularity, the delusions -- it's all nicely encapsulated in that one answer.

The questioner -- seemingly a middle-class homemaker -- simply wanted to know if Bush could admit to having made mistakes. After all, most of us ordinary humans make them too, but we also tend to be acutely aware of them. That Bush was incapable of giving her a straight answer was incredibly revealing.

I also think Rosenfeld is on the money in pointing out that John Kerry missed a golden opportunity in the debate by failing to point out that Bush couldn't give her a straight answer. Because it's not the first time this has happened, of course.

Recall Bush's performance at one of his few lives press conferences earlier this year, on April 13:
Q Thank you, Mr. President. In the last campaign, you were asked a question about the biggest mistake you'd made in your life, and you used to like to joke that it was trading Sammy Sosa. You've looked back before 9/11 for what mistakes might have been made. After 9/11, what would your biggest mistake be, would you say, and what lessons have you learned from it?

THE PRESIDENT: I wish you would have given me this written question ahead of time, so I could plan for it. (Laughter.) John, I'm sure historians will look back and say, gosh, he could have done it better this way, or that way. You know, I just -- I'm sure something will pop into my head here in the midst of this press conference, with all the pressure of trying to come up with an answer, but it hadn't yet.

I would have gone into Afghanistan the way we went into Afghanistan. Even knowing what I know today about the stockpiles of weapons, I still would have called upon the world to deal with Saddam Hussein. See, I happen to believe that we'll find out the truth on the weapons. That's why we've sent up the independent commission. I look forward to hearing the truth, exactly where they are. They could still be there. They could be hidden, like the 50 tons of mustard gas in a turkey farm.

One of the things that Charlie Duelfer talked about was that he was surprised at the level of intimidation he found amongst people who should know about weapons, and their fear of talking about them because they don't want to be killed. There's a terror still in the soul of some of the people in Iraq; they're worried about getting killed, and, therefore, they're not going to talk.

But it will all settle out, John. We'll find out the truth about the weapons at some point in time. However, the fact that he had the capacity to make them bothers me today, just like it would have bothered me then. He's a dangerous man. He's a man who actually -- not only had weapons of mass destruction -- the reason I can say that with certainty is because he used them. And I have no doubt in my mind that he would like to have inflicted harm, or paid people to inflict harm, or trained people to inflict harm on America, because he hated us.

I hope I -- I don't want to sound like I've made no mistakes. I'm confident I have. I just haven't -- you just put me under the spot here, and maybe I'm not as quick on my feet as I should be in coming up with one.

It's more than a little remniscent of Bush's recorded remarks last year in Tennessee (which wound up as the coda to Fahrenheit 9/11):
"There is a saying in Texas and probably here in Tennessee "Fool me once (......---long pause, deep thought---.... ) shame ... on me. (another pause) Fool me twice ... (brief thought, apparently sudden insight) can't fool me twice ... won't get fooled again!"

As Mark Crispin Miller put it:
Yes, and the reason why he couldn't say it is that Bush could never in a million years say "shame on me." If you watch that moment carefully, you can see that as soon as he realized that he was going to have to say "shame on me," he went to pieces. He quickly had to quote The Who instead: "Won't get fooled again." He could never admit fallibility because he is without a doubt the most stiff-necked, self-righteous and opinionated President we've ever had. For him, it is a point of pride that he can't change his mind. He sees total rigidity as a sign of "character" -- much like Nixon, his true spiritual father.

Unlike the last debate, we didn't see Bush physically get his back up and become the petulant, arrogant man we saw revealed behind the mask. But in this case, it was clear he did it verbally. And what it demonstrated, above all else, is the kind of unthinking self-righteousness that inevitably breeds the incompetence that has become this administration's hallmark.

Wednesday, October 06, 2004

The Rise of Pseudo Fascism

Part 1: The Morphing of the Conservative Movement

Part 2: The Architecture of Fascism


Part 3: The Pseudo-Fascist Campaign


Its whole purpose being the acquisition of raw power through any means necessary, the discrete "conservative movement" and its dealings can at times be extremely disorienting. The proliferation of Newspeak as a political propaganda strategy by the American right, in particular, has created a milieu in which up is down, wrong is right and ignorance is strength.

At times, is seems as if factuality has no real basis. Truth has no objective value; it is instead a mutable thing, readily manipulated through repetition of propaganda talking points.

Think back, if you will, to the 2000 election fiasco in Florida, resulting in the abominable Bush v. Gore ruling (whose continuing significance was recently limned in detail by Jeffrey Rosen of the New Republic). Al Gore, you may remember, chose -- instead of calling for an extralegal statewide manual recount, which would have been the fairest solution -- to follow Florida state law to the letter and filed for recounts in only a handful of given counties.

This led, of course, to Republicans claiming that Gore tried to "steal" the election by "cherry-picking" enough votes in a handful of counties. It's a popular meme that maintains a steady life on the right today.

But if Gore had chosen the other course -- calling for a statewide manual recount in all counties -- Republicans would have just as certainly attacked him for failing to follow the letter of Florida law.

The truth -- that Gore had legitimate reasons for following either course -- had no chance in this case. What mattered was that regardless of his choices, Republicans were prepared to accuse him of trying to "steal" the election.

Then, of course, they proceeded to march forth and steal the election themselves.

Determinedly fair-minded liberals were largely left utterly baffled by this bizarre twist of events. They have been even more baffled by the subsequent course of the Bush presidency, in which -- despite a manifest lack of a mandate -- a radical right-wing agenda has marched relentlessly forward, culminating in the disastrous invasion of Iraq. Throughout it all, the steady drumbeat of the right has been to blame everything wrong with the world on liberals.

Today we have a milieu in which this administration's manifest incompetence is hailed as moral clarity; in which the torture of prisoners at American hands is dismissed as a fraternity prank; in which the internment of Japanese Americans in World War II is defended as a necessary step (that may need to be repeated); in which a policy to further denude America's forests is called the Healthy Forests Initiative, and the evisceration of the nation's public education system is named No Child Left Behind. We're relentlessly sold an image of Bush himself as strong and resolute, and yet when he appears for a national debate on TV, what we see instead is a "peevish and bored" caricature of a leader, a man more likely to remind us the feckless pointy-haired boss we all once had than an actual president.

At times it seems, when dealing with the modern conservative movement, as if we've entered a gigantic and remorseless mirror funhouse. Or more to the point, a dark and labyrinthine cavern, twisting in an endless maze, whose architecture we can only vaguely discern through upheld torches.

Every now and then, though, someone within the movement hierarchy -- often one at the very top -- will let slip a bit of the curtain, flashing a little light on the vastness and shape of the metastatic architecture of the conservative movement. When it happens, it can be a little like the scene in Aliens when Ripley's flamethrower lights up the interior of the lair into which she has wandered.

The mutability of truth is what has made confronting the conservative movement so maze-like -- you never know what kind of bizarre argument they're going to come up with next. At times they even turn established historical consensus on its head. First we get Ann Coulter penning a defense of McCarthyism in her book Treason; then we get Michelle Malkin justifying the forced incarceration of 122,000 Japanese Americans with In Defense of Internment. What's next? A text outlining the virtues of fascism? (Calling Michael Ledeen!)

But the movement not only makes reality a function of the movement's agenda; its agenda itself can shift rapidly according to the strategic needs of the movement in its acquisition of power. Thus, as described in Part 1, the conservative movement has come to resemble nothing so genuinely conservative at all but rather something starkly radical: profligate spending; incautious and expansionary wars, pursued unilaterally; the steady dumbing-down of the nation's education system. The neo-Confederate-laden GOP no longer has even a passing resemblance to the "party of Lincoln." Even at the micro-political level, in interpersonal debate, the famous conservative carefulness, politeness and reserve has utterly vanished.

The conservative movement, as such, is an ever-shifting beast. Its drive is power, and as such it has gradually adopted the familiar architecture of another power-mad phenomenon of mass politics: fascism.

In The Anatomy of Fascism, Robert O. Paxton explains how fascism similarly adopted and dropped ideologies at will, according to its power needs (pp. 16-17):
In a way utterly unlike the classical "isms," the rightness of fascism does not depend on the truth of any of the propositions advanced in its name. Fascism is "true" insofar as it helps fulfill the destiny of a chosen race or people or blood, locked with other peoples in a Darwinian struggle, and not in the light of some abstract and universal reason. The first fascists were entirely frank about this.

We [Fascists] don't think ideology is a problem that is resolved in such a way that truth is seated on a throne. But, in that case, does fighting for an ideology mean fighting for mere appearances? No doubt, unless one considers it according to its unique and efficacious psychological-historical value. The truth of an ideology lies in its capacity to set in motion our capacity for ideals and action. Its truth is absolute insofar as, living within us, it suffices to exhaust those capacities. [A. Bertele, Aspetti ideologici del fascismo, Turin, 1930]


The truth was whatever permitted the new fascist man (and woman) to dominate others, and whatever made the chosen people triumph.

Fascism rested not upon the truth of its doctrine but upon the leader's mystical union with the historic destiny of his people, a notion related to romanticist genius, though fascism otherwise denied romanticism's exaltation of unfettered personal creativity. ...

Fascist leaders made no secret of having no program. Mussolini exulted in that absence. "The Fasci di Combattimento," Mussolini wrote in the "Postulates of the Fascist Program" of May 1920, "... do not feel tied to any particular doctrinal form." A few months before he became prime minister of Italy, he replied truculently to a critic who demanded to know what his program was: "The democrats of Il Mondo want to know our program? It is to break the bones of the democrats of Il Mondo."

This fist-shaking style of response to normative political discourse, in fact, was one of the real hallmarks of fascism. It signaled, above all else, the rightness of power by virtue of its naked use to intimidate and silence dissent. To the fascist leader, diplomacy is a parlor game for the weak; what counts is the raw will of the man of action. Whether he is right is moot; what counts is his strength and resolve in the exercise of power.

The Ripleyesque moment when this aspect of the conservative movement's core was revealed came earlier this summer, when Vice President Dick Cheney told Sen. Patrick Leahy, in an exchange over policy disagreements and the rhetoric used in them: "Go fuck yourself."

Coarse language and threats have always been part of the political scene, and their appearance in rancorous exchanges between politicians is woven into American lore. But it is rare for someone as high-ranking as the vice president to use them, especially on the floor of the Senate, and in such decorous confines they are almost always accompanied by later apologies, especially in cases where an obscenity was used.

What was remarkable about this case was that there was no apology at all. Instead, Cheney defended the use of the epithet:
"I expressed myself rather forcefully, felt better after I had done it," Cheney told Neil Cavuto of Fox News. The vice president said those who heard the putdown agreed with him. "I think that a lot of my colleagues felt that what I had said badly needed to be said, that it was long overdue."

"Ordinarily I don't express myself in strong terms, but I thought it was appropriate here."

This wasn't just an "isolated event." By the terms of his defense, Cheney's non-apology clearly signaled that this kind of response to critics of the conservative agenda was appropriate for movement followers as well. And indeed, one didn't have to look far to see the way Cheney's response filtered down to the rank and file, as from this story about a Cheney campaign stop in Ohio:
Seventy-year-old Florence Orris, among those at the Parma rally, said she's backing Bush because of his integrity and strong faith. "Any man who has the courage to speak about our Lord has my vote," Orris said. She lamented the "ugly" tone of the campaign but nonetheless said she didn't blame Cheney for blurting out an expletive during an angry encounter with Sen. Patrick Leahy on the Senate floor last month.

"I'm almost getting to that point with my Democratic friends," she declared. "One of them told me this week she hates President Bush."

Lord knows, after all, that we never heard such vile language about President Clinton.

The flash of Cheney's signal to the troops illuminated clearly the fact that the conservative movement had developed an architecture to its argument -- that is, the core of its appeal to the masses -- that was indistiguishable from that of fascism. This became especially clear when considering how neatly it wrapped up, in those three short words, so many of the "mobilizing passions" that form the fascist appeal (described in Part 1).

Present in the thrust of this singular episode were the right to dominate others without normative restraints; the threat of exclusionary violence for those who fail to integrate with the movement community; the victimhood (at the hands of nasty liberals) that justifies any action; the beauty of violence and efficacy of will; and the superiority of the leader's instincts over logic and reason. Indeed, if there was any way of summing up Cheney's response, it was that it expressed a deep and abiding contempt for the weak, and the assertion of the right of power over it.

Cheney's remark was just the flash that initially revealed this architecture. The clearer view came a few weeks later, at the Republican National Convention in New York City. While anyone audacious enough to protest the proceedings outside was subject to the classic lockup treatment, often in scenarios straight out of a totalitarian state, those partaking of the big pep rally inside were treated to a whole menu of classically fascist mobilizing passions, played out on national television.

Foremost among the appearances of these passions was the convention's most memorable moment: When California Gov. Arnold Schwarzenegger told the assembled faithful, "For those critics who are so pessimistic about our economy -- don’t be economic girlie men."

Sidney Blumenthal remarked in Salon on the deeper implications of this speech:
Having established his citizenship, Schwarzenegger felt entitled to articulate the Republican credo -- of power over weakness. "If you believe this country, not the United Nations, is the best hope for democracy, then you are a Republican." Thus the immigrant blasted internationalism. "If you believe that we must be fierce and relentless and terminate terrorism, then you are a Republican." Thus he declared the Democrats soft. "And to those critics who are so pessimistic about our economy, I say: Don't be economic girlie men."

So beyond unilateralism, jingoism and social Darwinism lies sexual apprehension. Those who aren't with the program are queer. But the anxiety is even deeper than that of homosexuality. "Girlie man" is a peculiar accusation for being effeminate. It reveals fear of women and their complex values. The name-calling is a frantic effort to suppress nuance, which the action hero fears he may harbor within.

Like Cheney's remark, this brief moment neatly captured a range of emotional appeals from the fascist blueprint: contempt for the weak, the superiority of instinct over reason, the efficacy of will. It also raised the virtue of virile, masculine leadership, as opposed to "effeminate" policy built on wisdom. This mindset disdains intellectual rigor as an affectation of vacillating liberalism.

As Umberto Eco described it:
The critical spirit makes distinctions, and to distinguish is a sign of modernism.

In modern culture the scientific community praises disagreement as a way to improve knowledge. For Ur-Fascism, disagreement is treason.

We have been hearing, of course, a steady drumbeat from the media's rabid right -- Rush Limbaugh, Ann Coulter, Michael Savage, Sean Hannity, and many more -- accusing liberals of overt treason and complicity with "the enemy." This raging anti-liberalism -- another key feature of fascism -- was prominent in Schwarzenegger's speech as well. He even resorted to a well-worn far-right canard when he described Hubert Humphrey's politics as something "that sounded like socialism."

It was an even more prominent feature of Zell Miller's speech the following night. Though Miller, nominally at least, is a Democrat, the entirety of his speech was a raging attack, not merely on John Kerry, nor on Democrats, but on liberalism in general. At times -- especially as he attacked liberal "pacifists" -- he seemed almost to be extolling the aesthetic (or at least utility) of war. Liberals, he contended, are incapable of keeping our families safe. A vote for George W. Bush was a vote for strength and resolve. The weak and vacillating Democratic nominee stood in stark contrast: "From John Kerry, they get a 'yes-no-maybe' bowl of mush that can only encourage our enemies and confuse our friends."

Miller expanded on this theme in suggesting that merely running against Bush in the election was a kind of treason, claiming that "our nation is being torn apart and made weaker because of the Democrats' manic obsession to bring down our Commander in Chief".

Miller's characterization of the opposition to Bush thus deftly identified it with attacks on the national interest by referring to him as "the Commander in Chief." It's a sly way of associating Bush's political enemies with our national enemies -- Democrats with Al Qaeda. Dissent is treason, indeed.

Of course, only a few short days later, Cheney himself made this suggestion explicit at a campaign stop, saying: "It's absolutely essential that eight weeks from today, on Nov. 2, we make the right choice, because if we make the wrong choice then the danger is that we'll get hit again and we'll be hit in a way that will be devastating from the standpoint of the United States."

But Cheney's speech to the RNC was also rife with these memes: The "strength" and "resolve" of the Bush leadership, contrasted with the weak and vacillating liberal Kerry contingent. Above all, Cheney hammered home the theme that post-Sept. 11 America faced a historical crisis of catastrophic dimensions, one that demanded exceptional responses:
Sept. 11th, 2001, made clear the challenges we face. On that day we saw the harm that could be done by 19 men armed with knives and boarding passes. America also awakened to a possibility even more lethal: this enemy, whose hatred of us is limitless, armed with chemical, biological, or even nuclear weapons.

Just as surely as the Nazis during World War Two and the Soviet communists during the Cold War, the enemy we face today is bent on our destruction. As in other times, we are in a war we did not start, and have no choice but to win. Firm in our resolve, focused on our mission, and led by a superb commander in chief, we will prevail.

The culmination of these passion-laden appeals came with the RNC acceptance speech from George W. Bush himself, in which the attacks on liberals were given a few requisite lines, while the recurring themes of "strength" and "resolve" were driven repeatedly home, capped by an appeal to a vision of American exceptionalism and manifest destiny:
Now, because we have faced challenges with resolve, we have historic goals within our reach, and greatness in our future. We will build a safer world and a more hopeful America and nothing will hold us back.

These themes have been the centerpiece of the Bush campaign since the convention -- Kerry an effete, vacillating "flip-flopper," Bush a virile, strong, resolute leader. Kerry a pointy-headed liberal, Bush a plain-spoken man of the people. And for awhile, it appeared to be working.

But then came the first presidential debate, and Americans were hit upside the cognition with the dissonance transmitted over their television sets: It was Kerry who looked strong and resolute, while Bush was not only weak and vacillating, he was forced to fall back to his mantra of strength and resolve and "hard work," all of which were plainly belied by the image the man himself presented.

Digby had one of the most incisive takes on this:
George W. Bush is a man with two faces--- a public image of manly strength and a private reality of childish weakness. His verbal miscues and malapropisms are the natural consequence of a man struggling with internal contradictions and a lack of self-knowledge. He can’t keep track of what he is supposed to think and say in public.

There is no doubt that whether it's a cowboy hat or a crotch hugging flightsuit , George W. Bush enjoys wearing the mantle of American archetypal warriors. But when he goes behind the curtain and sheds the costume, a flinty, thin-skinned, immature man who has never taken responsibility for his mistakes emerges. The strong compassionate leader is revealed as a flimsy paper tiger.

On Thursday night, the president forgot himself. After years of being protected from anyone who doesn't flatter and cajole, he let his mask slip when confronted with someone who didn't fear his childish retribution or need anything from him. Many members of the public got a good sharp look at him for the first time in two years and they were stunned.

That is, perhaps, the important thing to remember about both the undercurrent with which we are faced: Fascism, at its core, is a fraud. It promises the triumphal resurrection of the nation, and delivers only devastation. Strength without wisdom is a chimera, resolve without competence a travesty.

And a hollow, pale imitation of a fraud -- which is what the pseudo-fascism now being practiced by the conservative movement amounts to -- can be readily revealed for what it is, if its opponents have the strength of character to stand up to them.

For all his other failings, John Kerry did so last week in the debates, and in the process exposed Bush, and the entire architecture of his appeal, for a weak, hollow fraud. The only response that the Bush team is likely to muster henceforth is a kind of impotent screaming, raising the volume of the "flip-flop" attacks on Kerry, throwing more shit on the wall in the vague hope that something will stick.

In a normal political environment, this might not be a problem. But the conservative movement controls all the reins of power now. It is not about to relinquish any of them willingly. And it has the devout backing of a substantial portion of the American populace, even if it eventually proves to be a minority.

These people have no intention of sharing power with liberals. Indeed, their entire agenda, in the end, is devoted to eliminating liberalism completely. By any means necessary.

We may have finally illuminated the lair at the center of the labyrinth, but we've only begun fighting our way out.

Next: The One-Party Apocalyptic State