The Defense’s Opening Statement

by Patrick Appel

Matthew Alexander has a must-read review of Marc Thiessen's new book:

My gut reaction on reading Marc Thiessen's new book, Courting Disaster, was: "Why is a speechwriter who's never served in the military or intelligence community acting as an expert on interrogation and national security?" Certainly, everyone is entitled to a voice in the debate over the lawfulness and efficacy of President Bush's abusive interrogation program, regardless of qualifications. But if you're not an expert on a subject, shouldn't you interview experts before expressing an opinion?

Instead, Thiessen relies solely on the opinions of the CIA interrogators who used torture and abuse and are thus most vulnerable to prosecution for war crimes. That makes his book less a serious discussion of interrogation policy than a literary defense of war criminals. Nowhere in this book will you find the opinions of experienced military interrogators who successfully interrogated Islamic extremists. Not once does he cite Army Doctrine—which warns of the negative consequences of torture and abuse. Courting Disaster is nothing more than the defense's opening statement in a war crimes trial.

A British Tea Party?

by Alex Massie

Rod Dreher has a good post riffing on today's David Brooks column which is in turn well worth reading. Brooks argues, astutely in my view, that the Tea Party movement is in many ways the flipside of the 1960s New Left:

Members of both movements believe in what you might call mass innocence. Both movements are built on the assumption that the people are pure and virtuous and that evil is introduced into society by corrupt elites and rotten authority structures. “Man is born free, but he is everywhere in chains,” is how Rousseau put it.

Indeed. And, as we've discussed before, since many American political trends end up crossing the Atlantic it's probably not a great surprise that there are British Tea Partiers too. Here's Daniel Hannan explaining it all:

[T]he idea, in 1773, that Britain was a foreign country would have struck most Americans, patriot or loyalist, as ridiculous. A large majority of the British population sympathised with the arguments of the colonists. So, indeed, did the greatest British parliamentarians of the age.

“I rejoice that America has resisted,” proclaimed William Pitt the Elder setting out the case against the Stamp Act in 1766. “Three million people so dead to all feelings of liberty as voluntarily to submit to be slaves would have been fit instruments to make slaves of the rest [of us]”

“Let us get an American revenue as we have got an American Empire,” said Edmund Burke in 1775, taking up the cause of no taxation without representation. “English privileges have made it all that it is; English privileges alone will make it all it can be.”

Those British Lefties who now sneer at what they regard as the Americanisation of the British Right would do well to remember their own history. They are the political heirs of Charles James Fox, of John Wilkes, or Tom Paine. I have no doubt that if the heroes of that age – Burke or Fox or Pitt or Johnson or Swift – could be transported to our own time, they would recoil with horror at the level of taxation and state intervention.

To remind you, Labour has introduced 111 tax rises since 1997. It has taken a trillion pounds in additional taxation. And it has still left us with a deficit of 12.6 per cent of GDP.

Enough is enough.

Well, I'm not a fan of the intruding state, nor of high taxation but this is hardly a serious political manifesto. We may all admite the giants of the 18th century (and their rhetoric and principles) while appreciating that, you know, we don't actually live in the 18th century.

If Fox and Burke and Pitt and Dundas and all the others were to be transported to our time they might indeed be astonished by the levels of taxation and state intrusion (and their horror would not be baseless) but they'd also be astonished by stuff such as, I dunno, universal education, universal health care, universal pensions and much, much more. Unfashionable as it may be to say this, all these things need to be paid for.

Noting that hardly makes one an apologist for Big Government or punitive taxation but, entertaining though it is to dream of an era of Georgian political giants and contrast them with our own dessicated pygmies, it's not really terribly useful.

Lower taxes and a smaller, more limited idea of govenrment would both be very good things and, as an outlet for pent-up frustration, there's not too much wrong with the idea of British Tea Parties. I sense, however, that this will not become a mass movement. There's something of a Monty Python sketch about it all and, however well-intentioned they may be, the Tea Partiers will simultaneously be too silly and too earnest to be taken too seriously.

Controversial II

by Jonathan Bernstein

Ezra Klein complains that Republicans are much better at manipulating the media, referring to the fact that reconciliation wasn't considered controversial when Bush and the GOP employed it for tax cuts in 2003:

Because Democrats weren't complaining. The tax cuts might have been controversial, but they weren't creative enough to polarize the procedure the Bush administration was using to pass them.

But some of the credit for that has to go to the Bush administration, which took seriously the need to institutionalize reconciliation when they were strong and popular rather than weakened…[B]y using it for his popular first round of tax cuts, Bush normalized it such that Democrats couldn't really complain when he used it for his much more controversial second round of tax cuts.

Wrong!  The Democrats certainly could have attacked the procedures under which the Bush tax bill was passed, even the second one.  Had they made a stink about it, they could even have forced lots of media attention on the idea.  But…look, maybe I'm just cranky today, but I'd say that they didn't, because it would have been incredibly stupid to do so.  In fact, what the Democrats did was attack the tax cuts as being giveaways to the rich, which gave them an issue to run on in 2004, 2006, and 2008, and good rhetoric to use once they won the Congress and eventually the presidency.  And I don't think they had much trouble getting that message out.

Look, the minority party gets to have talking points.  Those talking points are going to make it to the public via the news media, and they are going to affect coverage.  About a quarter of the nation will instantly adopt those talking points (and, in most cases, think they've always believed them…I've seen this happen to both conservatives and liberals, and it's an amazing effect).  That's just how it works.  If a party chooses to waste those talking points by constructing an ineffective and brittle straw man, why should partisans of the other party object to that?

As Jonathan Chait and Nate SIlver point out, Republican whining about the size of the bill and the process are having no effect at all on the popularity of health care reform; if anything, opposition may have peaked right at the new year, two months ago, before Brown and reconciliation.  While Republicans have the attention of the nation on this topic (more or less — of course, most people don't follow this stuff closely), they're trying to convince people of an argument that will be stale and dated the day after Obama signs the bill (should that happen), while the Democrats arguments in favor of reform will generally still be relevant to voters in November and in 2012.  And a large part of that is because Democrats are using arguments based on reality, while the GOP, er…isn't.  That doesn't prohibit their ideas from getting exposure in the press, but it does limit how successful they will be. 

No one cares about procedure, even real procedural abuses.  If the GOP wants to base its last-stand opposition to the most important piece of legislation in a generation on tall tales about procedure, the Democrats shouldn't be anxious.  They should be very, very happy.

A Gender-less Oscar

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by Chris Bodenner

Kim Elsesser makes the case:

While it is certainly acceptable for sports competitions like the Olympics to have separate events for male and female athletes, the biological differences do not affect acting performances. The divided Oscar categories merely insult women, because they suggest that women would not be victorious if the categories were combined. In addition, this segregation helps perpetuate the stereotype that the differences between men and women are so great that the two sexes cannot be evaluated as equals in their professions.

(Hilary Swank won Best Actress for her portrayal of Brandon Teena in Boys Don't Cry.)

John Adams And The “Gitmo Nine” Ctd

by Chris Bodenner

Yet another prominent Republican calls out the Cheneys:

Peter D. Keisler, who was assistant attorney general for the civil division in the Bush administration, said in an interview that it was “wrong” to attack lawyers who volunteered to help such lawsuits before joining the Justice Department. “There is a longstanding and very honorable tradition of lawyers representing unpopular or controversial clients,” Mr. Keisler said. “The fact that someone has acted within that tradition, as many lawyers, civilian and military, have done with respect to people who are accused of terrorism – that should never be a basis for suggesting that they are unfit in any way to serve in the Department of Justice.”

Jonathan H. Adler adds:

There’s perhaps some irony that Peter Keisler is defending Obama Administration nominees from such attacks, when he himself was subject to scurrilous attacks when he was nominated to the U.S. Court of Appeals for the D.C. Circuit.  More evidence Keisler is more honorable than those who kept him off the bench.

Or those who now denigrate his profession.

Controversial

by Jonathan Bernstein

Matt Yglesias is frustrated by the ability of the opponents of health care reform to scare up a "controversy" about reconciliation out of whole cloth.  As he notes, reconciliation is over thirty years old, and has never been considered controversial in the past.  That's true.  He continues:

This is a reminder, first and foremost, that the nation’s prestige political journalists aren’t very good at their jobs. You always have the option of not giving in to the power of the right-wing noise machine. But time and again reporters and editors choose, as autonomous moral agents, to do so.

But of course it’s also a reminder of the continuing power of the right-wing noise machine. The ability of talking points to go through the Drudge/Limbaugh/Fox conveyor-belt means that while conservative claims may not always carry the day in the public discourse, the right basically gets to decide what the debate is about on any given day…And since we’re having the debate, it becomes true to call it a “controversial” process.

I think this is a bit more complex than that.  It's true that one of the jobs of the press is to evaluate the truth of claims made by government officials, including the minority party.  But a more basic job of the press is simply to let people know what political actors are saying.  The New York Times and the Washington Post can't — shouldn't — ignore a party's talking points just because they're nonsense.  And while I do think reporters should be straightforward about factually dubious claims, it is also is, for better or worse, important that those claims are aired.  

The key for the press, it seems to me, twofold.  First, there's a huge difference between the claims of, say, Republican leaders in the House and Senate on the one hand, and claims of Glenn Beck or backbenchers in the Hose on the other.  This often calls for judgment — is Michele Bachmann an obscure backbencher, or is she a Republican leader in the House — and there are no hard and fast rules, but the basic idea is that major points of view should be heard.  The other side of it is what to do with claims that pass that first test, but are nevertheless nonsense.  Unfortunately, that situation leaves the press with few good options.  On the one hand, factually wrong assertions need to be treated as factually wrong…but it's awfully hard for reporters to know, in many cases, what things are simply factually wrong, and which are in a gray area in which responsible experts disagree.  Or, to put it another way, it is clearly not true that the reconciliation patch is an unusual use of that procedure, but it does appear to now be true that reconciliation is controversial, since Republican leaders say it is.  I'm not a journalist, but I find the choices they have to make in dealing with this sort of thing difficult.  I suspect that there are no good solutions for how to accurately report talking points of a major political party that are based on nonsense and hokum. 

While this is frustrating, I'm not sure it's a grave threat to the republic.  Yes, Republicans have successfully managed to convince people that there's a Serious Question of whether reconciliation should be used for health care reform.  But in doing so, they've crowded out other potential points they might want to make about the bill.  In other words, the media does allow them to "decide what the debate is about" to some extent (although not just Republicans — after all, this takes place within a debate over health care reform, not over tax cuts or deregulation or why Obama is soft on terrorists because he keeps killing them).  That's not a Republican choice.  Both parties can influence what the debate is about.  And in my opinion at least, parties that use their window to elevate phony issues tend to suffer.