Political MoJo

No Felon Left Behind

| Thu Jul. 21, 2005 10:44 AM PDT

Heh, the Seattle Post-Intelligencer's editorial on Rove-Plame is appropriately scathing:

Schoolchildren, take note. There will still be high standards for you, your teachers and your schools. But at the White House, the rule is a little different: No pal left behind. Unless, of course, he is an out-and-out criminal. That's quite a standard.

Yep: No felons in the White House. That's the new Bush standard. Actually, that's not quite true. The standard is: No current felons. Former felons like John Poindexter and Elliott Abrams are, of course, welcome to work in the administration.

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Not Ready? Great!

| Thu Jul. 21, 2005 9:49 AM PDT

Readers may think that this New York Times headline today signals a lack of progress: "Iraqis Not Ready to Fight Rebels on Their Own, U.S. Says." (Conservative readers may wince at the word "rebels," imagining that if we could only call them "evil-bastard-baby-murderers" all our problems would be solved.) That headline is based on a new Pentagon assessment, not yet released. Nevertheless, this is actually good news. The Pentagon is finally taking steps to scrutinize very closely the progress of troop-training in Iraq, something I've been chafing about for a while now. Says the Times, "The assessment, which has not been publicly released, is the most precise analysis of the Iraqis' readiness levels that the military has provided." Whether people are thinking about an exit strategy or a plan for "victory" in Iraq, actually knowing what's going on seems like the fairly obvious first step here.

One thing to wonder about, however, is the ethnic and sectarian composition of the Iraqi security forces. Peter Galbraith in the New York Review of Books recently claimed that the only competent security forces hail from the Kurdish peshmerga, and the Kurds' loyalty is first and foremost to Kurdistan. (The claim, like most in Galbraith's essay, comes without evidence or citation, so take it for what it's worth.) And then there are the recurring reports that the Iraqi paramilitary units are nothing more than glorified Salvadoran death squads. And then there are questions surrounding civilian control of both the Iraqi Ministry of Interior and Ministry of Defense. It would help if the Pentagon was equally as forthcoming about all of these things, so that people could actually figure out what's going on in Iraq; otherwise, we're left with New York Times headlines of suicide bombings aplenty and that, quite obviously, looks like resounding failure.

Meanwhile, Galbraith thinks that the big problem in Iraq isn't the insurgency, but the coming quarrel between Kurds, Shiites and Sunnis. Indeed, our friendly San Francisco Chronicle had not-so-bright news along that line this morning: "Kurdish leaders have presented a redrawn map with a larger Kurdistan to the Iraqi National Assembly for consideration in the new constitution, a Kurdish party official said Thursday." Not only that, but one Kurdish official calls the boundary a "red line."

We're Just Reporters!

| Wed Jul. 20, 2005 1:43 PM PDT

What is wrong with these people? Atrios catches this marvelous bit of self-awareness on CNN:

MILES O'BRIEN, CNN ANCHOR: Also, there's word the president could announce his Supreme Court nominee as early as today. Could that take some of the media heat off of the president's top adviser Karl Rove?

Surprise, Miles! You are the media! It's much like when, during the 2000 election campaign, the Times would fabricate stories about how Gore was untruthful and then publish news analysis pieces with phrases like "it is Mr. Gore who faces the most scrutiny as he tries not to say or do anything that will cement an image that he puffs up stories and is not to be trusted"—as if somehow this "scrutiny" appeared on its own and the Times was just reporting what was already out there. Or when the Washington Post published a long news analysis piece about wondering why the Downing Street Memos weren't getting any major press coverage. It defies parody. If these folks want to analyze the media process, they can go work for Columbia Journalism Review; otherwise, report the goddamn stories.

UPDATE: Dana Milbank also seems curiously confused as to what, exactly, it is that he does all day:

[Roberts' nomination] is going to dominate the news up until the court begins in Oct 1; that's not to say the Karl Rove story won't make its cameo appearance somewhat-of course it will and it's likely to go on somewhat after this nomination ends, but this is clearly going to be the main game in town now.

Right, and it's just a pity that one of the star political reporters for one of the most influential newspapers in the country can do nothing whatsoever about this sad state of affairs.

Downsizing Prisons

| Wed Jul. 20, 2005 1:26 PM PDT

In the American Prospect, Robert Dirnan surveys the alarming growth of the prison population in the United States, and the various problems that's quite obviously causing. The piece ends with a rousing call to arms: "The time to act is now." Okay, but what? My preferred solution is to focus on the parole process; according to a 2002 Justice Department study on recidivism, 51.8 percent of released prisoners get right back in within three years. And about half of those are put back in prison for technical violations of parole—oftentimes they don't even need to commit a crime, they can just miss a few meetings with their case officer. Pretty clearly, attacking this problem would be one of the easiest ways to keep the exploding prison population under control. The question is whether state budget crunches are going to lead governors and state legislatures to seek out actual solutions; but both inertia and vested interests augur for continuing to expand prisons without bound.

Women's Rights in Iraq

| Wed Jul. 20, 2005 11:52 AM PDT

Speaking of rolling back women's rights, a while back I stumbled across a draft version of the new Iraqi constitution that somewhat liberal on women's rights. But today the New York Times has gotten their hands on yet another draft version that seems to be much, much more restrictive. And equally disconcerting is this: "[T]wo Sunni Arabs involved in writing the constitution were fatally shot near a Baghdad restaurant, threatening to throw the drafting process into turmoil."

Overturning Roe

| Wed Jul. 20, 2005 11:36 AM PDT

By the way, a few weeks ago I cited Slate's argument that the GOP would never dare overturn Roe vs. Wade—it would become, after all, an electoral catastrophe. In light of the fact that John G. Roberts is about to ascend the Supreme Court bench, and push the Republican Party one step closer to that goal, should Stevens or Ginsburg retire in the next three years, it's worth saying: that idea is probably very much mistaken.

Overturning Roe would, in fact, be fantastic for the Republican party. First, it's true that the overwhelming majority of the United States supports Roe v. Wade. But if it was repealed, many of those women could still get abortions. (California, New York, Pennsylvania, and Illinois, for instance, would still keep abortion legal.) Women in many, many other states would be denied that choice, of course, but federalism could fragment the pro-choice electoral coalition. Meanwhile, the Christian right would stay mobilized and clamor for a national abortion ban in Congress. If it passed, I have no doubt that a Supreme Court that overturned Roe could find a way to uphold a national ban on abortion, even if it is logically inconsistent. Now the national ban probably wouldn't pass, because it would be difficult to ram through the Senate, but that recalcitrance would be enough to keep the conservative base foaming at the mouth for years to come. So yes, it is wishful thinking to believe that Republicans might be too afraid to touch Roe.

And it's worth noting that the only way to stop this, really, is to do what the Republicans have been doing and win elections.

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Nevermind, Justice Roberts

| Wed Jul. 20, 2005 11:21 AM PDT

Ah, figures. I go home and Bush changes up the Supreme Court nomination. It's John Roberts, white male extraordinaire. Well, I don't think it's possible to improve on Ezra Klein's round-up of links on Roberts, so I'll just send everyone his way. Meanwhile, this is what Jeffrey Rosen in the New Republic wrote about him awhile back:

Top of his class at Harvard Law School and a former law clerk for Rehnquist, Roberts is one of the most impressive appellate lawyers around today. Liberal groups object to the fact that, in 1990, as a deputy solicitor general, Roberts signed a brief in a case involving abortion-financing that called, in a footnote, for Roe v. Wade to be overturned. But it would be absurd to Bork him for this: Overturning Roe was the Bush administration's position at the time, and Roberts, as an advocate, also represented liberal positions, arguing in favor of affirmative action, against broad protections for property rights, and on behalf of prisoners' rights.

In little more than a year on the bench, he has won the respect of his liberal and conservative colleagues but has not had enough cases to develop a clear record on questions involving the Constitution in Exile. On the positive side, Roberts joined Judge Merrick Garland's opinion allowing a former employee to sue the Washington Metropolitan Area Transit Authority for disability discrimination. He pointedly declined to join the unsettling dissent of Judge David Sentelle, a partisan of the Constitution in Exile, who argued that Congress had no power to condition the receipt of federal transportation funds on the Metro's willingness to waive its immunity from lawsuits.

In another case, however, Roberts joined Sentelle in questioning whether the Endangered Species Act is constitutional under Congress's power to regulate interstate commerce. The regulation in question prevented developers from building on private lands in order to protect a rare species of toad, and Roberts noted with deadpan wit that "the hapless toad ... for reasons of its own, lives its entire life in California," and therefore could not affect interstate commerce. Nevertheless, Roberts appears willing to draw sensible lines: He said that he might be willing to sustain the constitutionality of the Endangered Species Act on other grounds. All in all, an extremely able lawyer whose committed conservatism seems to be leavened by a judicious temperament.

Hm. Rosen classifies him as a "principled conservative," someone who would be likely to respect precedent rather than upturn established judicial doctrine in pursuit of some odd originalist project. But it seems that he's still much too untested to tell. The fact that he's represented liberal positions is interesting, and that he refrained from joining a crazy dissent undermining Congress' power under the Commerce Clause, which, when the bar is this low, is heartening. Let's not pretend Roberts is anything other than horrendous, and I can think of a hundred people I'd rather have instead of Roberts on the Supreme Court, but as a colleague pointed out the other day, Congress doesn't really care what I (or any other liberals, for that matter) think.

Don't Forget Failed States...

| Tue Jul. 19, 2005 2:07 PM PDT

Seems that our counterterrorism operations in Somalia are causing a bit of a problem. This from the abstract of a new International Crisis Group report:

Since 2003, Somalia has witnessed the rise of a new, ruthless, independent jihadi network with links to al-Qaeda. Based in lawless Mogadishu and led by a young militia leader trained in Afghanistan, the group announced its existence by murdering four foreign aid workers in the relatively secure territory of Somaliland between October 2003 and April 2004. Western governments, led by the U.S., responded to the threat of terrorism in and from Somalia by building up Somali counter-terrorist networks headed by faction leaders and former military or police officers, and by cooperating with the security services in Somaliland and neighbouring Puntland. The strategy has netted at least one key al-Qaeda figure, and as many as a dozen members of the new jihadi group are either dead or behind bars.

Despite these successes, counter-terrorism efforts are producing growing unease within the broader public. Few Somalis believe there are terrorists in their country, and many regard the American-led war on terrorism as an assault on Islam. Unidentified surveillance flights, the abduction of innocent people for weeks at a time on suspicion of terrorist links, and cooperation with unpopular faction leaders all add to public cynicism and resentment. Without public support, even the most sophisticated counter-terrorism effort is doomed to failure.

As Stygius reminds us, the battle against al-Qaeda, such as it is, won't succeed so long as the Bush administration worries more about "rogue" states than it does "failed" states. Obviously it can do both, but the focus over the past four years has very clearly been on the behavior of state actors like Iraq, Syria and Iran. In Somalia, meanwhile, some counterterrorism operations are being conducted, but nothing connected to a larger project that transforms the country from a place where terrorists and other militants might gather into a stable and functioning government. Without that, it's hard to see any sort of long-term success here, as ICG notes. Thinking beyond al-Qaeda, you get people like Thomas Barnett who argues that the United States can either deal properly with these failed states now, or wait until they burst into some major conflict down the road. Handling a country—and that term's used loosely—like Somalia quite obviously isn't all strawberries and cream; all the same, as Susan Rice pointed out two years ago, the administration doesn't even seem to have a strategy for dealing with failed states.

Welcome to Syria

| Tue Jul. 19, 2005 1:37 PM PDT

The Jamestown Foundation stumbled across something interesting here: a Syrian website puts out a call for mujahideen to come to Iraq through Syria. It starts off by noting, "the situation of the mujahideen in Iraq is entirely stable, and that they are not suffering at all from any shortfall in mujahideen," and says they don't need any more inexperienced fighters. Apparently they've got all the rubes they need for suicide bombings. But it also warns fighters to be wary of the Bashar regime in Syria.

Obviously who knows how reliable this is, but it's one small piece of evidence that: a) the foreign fighters in Iraq feel confident about their strength (though they could well be bluffing), and b) the Syrian regime doesn't appear to be aiding and abetting the foreign component of the insurgency. (I believe there's still some question as to whether Syria is harboring some of the ex-Baathist leaders running the native Iraq bit.)

Justice Clement?

| Tue Jul. 19, 2005 11:32 AM PDT

Rumors have it that Judge Edith Clement-Brown of the U.S. Court of Appeals in New Orleans will be Bush's nominee for the Supreme Court after he announces tonight. Bush v. Choice is not pleased with her record on abortion, although she has stated that the Supreme Court "has clearly held that the right to privacy guaranteed by the Constitution includes the right to have an abortion." (Then again, Roe v. Wade isn't at stake with this pick, and there's no telling how she'll vote on various restrictions.) And it seems that conservatives are getting the secret hand signal letting them know that Clement is okay.

Beyond abortion, though, her record is a bit of a mystery. Jeffrey Rosen has pointed out that she seems likely to support the conservative "federalist revolution"—which, taken to the extreme, could limit the ability of Congress to do things like lay down environmental protections or issue workplace regulations—and is probably more of an activist, one who would cut through established precedent, than a "principled conservative." I think Jack Balkin is probably right that Bush may be making a shrewd move by picking someone who, nominally, supports abortion rights but is, in fact, ready to roll back a slew of lesser-known protections. Then again, she might not even be the pick, so I guess there's no sense in going overboard just yet.