Category Archives: Ruth Marcus

Saddamy

The op-ed page at the New York Times is pretty bad, what with Dowd, Kristol and Friedman, but the op-ed page at the Washington Post is worse.  To end the year on a negative note, here's Ruth Marcus on why an Obama administration should not pursue criminal charges against Bush administration officials who broke the law.  The whole thing amounts to a classic ignoratio elenchi–none of Marcus's arguments prove or really even support the conclusion that criminal prosecution against Bush administration officials should not be pursued.  My comements in brackets.

First, criminal prosecution isn't the only or necessarily the most effective mechanism for deterrence. To the extent that they weigh the potential penalties for their actions, government officials worry as much about dealing with career-ruining internal investigations or being hauled before congressional committees. Criminal prosecution and conviction requires such a high level of proof of conscious wrongdoing that the likelihood of those other punishments is much greater. [deterrence isn't the only point of criminal prosecution].

Second, the looming threat of criminal sanctions did not do much to deter the actions of Bush administration officials. "The Terror Presidency," former Justice Department official Jack Goldsmith's account of the legal battles within the administration over torture and wiretapping, is replete with accounts of how officials proceeded despite their omnipresent concerns about legal jeopardy.

"In my two years in the government, I witnessed top officials and bureaucrats in the White House and throughout the administration openly worrying that investigators acting with the benefit of hindsight in a different political environment would impose criminal penalties on heat-of-battle judgment calls," Goldsmith writes. [Goldsmith's characterization only underscores the dubious legality of the actions of administration officials]

Third, punishment is not the only way to prevent wrongdoing. If someone is caught breaking into your house, by all means, press charges. But you might also want to consider installing an alarm system or buying stronger locks. Responsible congressional oversight, an essential tool for checking executive branch excesses, was lacking for much of the Bush administration. [This is the same as one.  It's also just irrelevant.]

Fourth, there is a cost to pursuing criminal charges. As appalling as waterboarding is, for example, it was pursued with the analysis and approval of lawyers who concluded, however wrongly, that it did not rise to the level of torture. If government officials cannot safely rely on legal advice, they will err on the side of excessive timidity. [All criminal defendants can find lawyers who can argue however erroneously that they're client did nothing illegal–this does not make it legal]

Fifth, focusing governmental energy on uncovering and punishing the actions of the past will inevitably drain energy and political capital from the new administration. It would be a better use of the administration's time to figure out how to close Guantanamo and deal with the remaining prisoners. [these are not mutually exclusive]

In a State of the Union address in 2003, Bush uttered the following words about Saddam:

The dictator who is assembling the world's most dangerous weapons has already used them on whole villages — leaving thousands of his own citizens dead, blind, or disfigured. Iraqi refugees tell us how forced confessions are obtained — by torturing children while their parents are made to watch. International human rights groups have catalogued other methods used in the torture chambers of Iraq: electric shock, burning with hot irons, dripping acid on the skin, mutilation with electric drills, cutting out tongues, and rape. If this is not evil, then evil has no meaning. (Applause.) 

Saddam's leaving thousands of Iraqis dead and obtaining false confessions through torture were lawlessness on a scale worthy of military invasion at the cost of thousands of lives of killed and wounded soldiers and civilians.  One would think that such things might be worthy of criminal investigation, and, perhaps, prosecution.

Stand down

A few posts back (and for a couple of posts) I remarked on the tendency of "liberal" pundits to separate themselves from the "liberal" candidate by frequently criticizing him or her, usually for failing to look enough like the conservative candidate.  Yesterday Ruth Marcus provided another excellent example of this–going after one of Obama's campaign lines for "misrepresenting" John McCain's record.  I wouldn't quibble with the criticism, my view is that no one should misrepresent anything.  But there is a question of scale. 

We have on the one hand Obama, in Marcus's world guilty of a straw man for not criticizing the strongest versions of McCain's one-time social security plan (Obama said had McCain had his way, many people would now be in dire straits–when in reality, only had this crisis happened a few years on, would people be in dire straits on account of McCain's plan–oops!).  Obama probably is guilty of that logical offense.  It's an offense nearly too typical, in my estimation, for one even to remark upon.  Candidates thrive by knocking down weak versions of each others' policy positions.  Obama didn't need to do it, however, as his point was independent of the specific facts of the case–in a privatized social security market, he had been saying, this is the sort of thing that could really doom us.  And no doubt he's right about that.

But that's not my point.  Marcus, for some reason, wanted to even the truthiness playing field, where McCain and Palin lie repeatedly and without apparent consequence about nearly everything, and Obama misrepresents McCain's position once.  Marcus bent over backwards for apparent even-handedness.  

To my very great and growing surprise, however, Marcus's righward colleagues, usually lockstep in their defense of their guy, have shown me to be astoundingly and thankfully wrong.  Here, for instance, is George Will:

Conservatives who insist that electing McCain is crucial usually start, and increasingly end, by saying he would make excellent judicial selections. But the more one sees of his impulsive, intensely personal reactions to people and events, the less confidence one has that he would select judges by calm reflection and clear principles, having neither patience nor aptitude for either.

It is arguable that, because of his inexperience, Obama is not ready for the presidency. It is arguable that McCain, because of his boiling moralism and bottomless reservoir of certitudes, is not suited to the presidency. Unreadiness can be corrected, although perhaps at great cost, by experience. Can a dismaying temperament be fixed?

Ouch. Notice also for a moment the huge difference between Will and Marcus.  Marcus takes Obama to task all of the time (and for the stupidest of reasons–such as he's not "regular" enough); Will, if you look at his recent posts (and search our Will archive) has almost never directly challenged the rightward guy.  He's made, in fact, a rather valient effort in recent days to make McCain's case (arguing, in one instance, that maybe one should not think about the economy, since life has so much else to offer than just money).  

There goes my theory about the right wing pundit corps, my theory of the non-existent left wing pundit corps still stands, for the moment.  

Fraternite’, Egalite’, Regularite’

Ruth Marcus writes:

It's not just about the narrative.

So get ready for the narrative:

Obama's exotic background — his unique melange of Kenya, Kansas, Hawaii and Harvard — makes the job of presenting his life story particularly important. Pennsylvania Gov. Ed Rendell made that point bluntly in an interview with Post reporters and editors Tuesday, comparing Obama to the egghead Adlai Stevenson, who twice failed as the Democrats' nominee.

"With people who have a lot of gifts, it's hard for people to identify with them," Rendell said. "Barack Obama is handsome. He's incredibly bright. He's incredibly well spoken, and he's incredibly successful — not exactly the easiest guy in the world to identify with."

Obama's strategists acknowledge this phenomenon. "Our candidate is outside of the mold," one senior adviser told me. "There are so many things about our candidate that are different that the challenge that we have is to give people a confidence that despite all these things that feel different, 'Okay, I get what he's about personally' . . . that his family is like every other family that your kids go to school with."

This is necessary but not sufficient, as Obama advisers agree. Obama needs to seem more familiar and approachable to voters, yes, but he also needs to convey — to use President Clinton's famous phrasing — that he feels their pain.

So far this argument rests on the authority of the various fairly prominent and representative Democrats she mentions.  It might be stronger if she softened her claim a bit to say that it seems to some Democrats that Obama needs to x, y, z.  My point is rather another: A more circumspect writer might have noticed the vacuousness of the "regular guy"–you know, the one you think you want to have a beer with, but in reality does not drink beer, or wouldn't ever have a beer with a non-Yalie–persona as a qualification for President.  A more circumspect writer would have also wondered whether people actually want that, or whether it is just a kind of storyline–a kind of narrative as it were–she and others have been pushing.  Even though some prominent Democrats seem to agree (and indeed, they seem to be the right kinds of people to ask), maybe a more critical mind, or at least a more industrious one, would bother to inquire whether the public gives a rats about who they can have a beer with.  But perhaps what I want would fall outside of the narrative of the clairvoyant pundit, who doesn't need to do any research.

The people in your neighborhood

Barack Obama and John McCain may be running for President, but Gail Collins is running for Maureen Dowd.  She writes,

Also, there was the problem of tone. McCain has sometimes been charged with sounding like a cranky neighbor yelling at kids to get off the lawn. This time, he turned into a cranky neighbor who hires you to cut his grass and then follows you around, pointing out blades that you missed.

And

While McCain was never violently opposed to offshore drilling, he has now embraced it as if it is not only the solution to our energy problems, but also the key to eternal salvation. Really, it’s a little scary. You can’t help wondering if he’s been captured by some kind of drilling cult.

And (continuing directly):

“We’re not going to pay $4 a gallon for gas because we’re going to drill offshore, and we’re going to drill now. We’re going to drill here. We’re going to drill now!” he told the bikers. McCain is not at his best when he’s trying to rally a large group of people. He pushes too hard and sometimes winds up sounding less enthusiastic than, um, loony. It was under this exact circumstance that he volunteered Cindy for the Miss Buffalo Chip contest, though I truly do not believe he knew about the topless part.

How silly.  In a similar vein, another of the grand liberal pundits, Ruth Marcus, musters her inner literary critic to discuss Obama's "pivot" (nice basketball metaphor) to populism: 

This turn to populism is not an extreme political makeover. Rather, it's a distinct tonal shift as the Democratic presidential candidate finishes a trip through three swing states — Michigan, Ohio and Indiana — where blue-collar voters aren't necessarily on board. Listen to Obama, and you hear the distant strains of Al Gore 2000: "the people versus the powerful." 

Whether there is something inauthentic about this "pivot" Marcus doesn't bother to say (and she gives no reason to think it is inauthentic other than the use of the word "shift").  But she devotes an entire column to the idea that there is a shift, which must be a part of some kind of inauthentic strategy, or some kind of pander:

Obama circled back to our conversation when a questioner at yesterday's town hall meeting asked why he singled out oil companies. This time his answer ventured beyond refinery capacity and widgets.

"So the question is, does it make more sense for the oil companies to pay for it or does it make more sense for the struggling waitress who is barely getting by to pay for it?" he said. "And the answer is, I'm going to fight for the waitress, not because I hate the oil companies but because I think it's more fair."

Also, waitresses vote.

Perhaps no one but a cynical newspaper columnist would pretend to be surprised by the "tonal shifts" in stump speeches versus interviews with cynical newspaper columnists.

Glass ones

Ruth Marcus has an idea why more women do not get involved in politics, and, surprisingly, punditry.  Considering what Hillary Clinton has had to suffer through (sometimes, someone said on CNN, it's "accurate" to call someone a 'bitch'"), Marcus' answer is surprising.  She writes:

The ambition gap also reflected an underlying, and pronounced, cockiness gap. One-third of men, but just one in five women, rated themselves "very qualified" to hold political office; twice as many women (12 percent) as men (6 percent) considered themselves "not at all qualified." Men were more likely to try for federal office, women for the local school board. Nearly half the women, but fewer than a third of the men, said they did not "have thick enough skin" to run.

Those responses resonated with my own experiences. Becoming a parent tempered my career ambitions in ways I never anticipated. There are jobs I once wanted — jobs I'd be good at, actually — that now I would not pursue.

If the gender tables were turned, would Michelle Obama leave two young daughters at home to run for president? How would voters respond if she did? Would her husband put his career on hold to manage the family?

When the governor of Alaska gave birth the other day to her fifth child, my initial, not-especially-enlightened thought was: How in the world will she manage that? I have just two kids to juggle and no state to run, and I'm dropping balls left and right.

The cockiness gap, too, has parallels in the opinion-writing business. The undeniable underrepresentation of women on op-ed pages has always struck me as more a function of limited supply (women willing to speak out) than inadequate demand (male chauvinist editors). It is intimidating to put your opinions out there, especially in an age of online, highly personal vitriol. It takes a certain unbecoming arrogance to believe you have something valuable to say — even one time, no less week after week.

Sometimes the hardest glass ceilings are the ones women impose, whether knowingly or unconsciously, on ourselves.

Women, I guess, don't like to be called names–that's deep thinking.

With or Without Yoo

Two interesting quotations from Ruth Marcus’s Washington Post column–One pro John Yoo, tortured torture memo writer, one contra.  The first one, from Columbia University law Professor Scott Horton, addresses someone (Elder) who does not find Yoo’s legal work grounds for discipline or revocation of his tenure at Berkeley.  He says that Elder

"is appropriately concerned about freedom of expression for his
faculty. But he should be much more concerned about the message that
all of this sends to his students. Lawyers who act on the public stage
can have an enormous impact on their society and the world around them.
. . . Does Dean Edley really imagine that their work is subject to no
principle of accountability because they are mere drones dispensing
legal analysis
?"

There’s a wide gulf between "not punishable in this instance by the University" and "subject to no principle of accountability."  Horton sets up a false dichotomy–accountable or not.

On the pro-Yoo side:

The most useful analogy I’ve read on this subject comes from Princeton
professor Deborah Pearlstein, who asked what Berkeley would do if a
molecular biology professor "had written a medical opinion while in
government employ disclaiming the truth of evolution," and continued to
dispute the theory of evolution once he resumed teaching.

Pearlstein,
a human rights lawyer, found Yoo’s memo "blatantly, embarrassingly
wrong under the law," but she conceded that legal conclusions lack the
hard certainty of scientific truth. Yoo should no more be removed from
a teaching job than a Supreme Court justice who writes a despicable
opinion — upholding slavery, allowing separate but equal facilities,
permitting the internment of Japanese Americans during World War II —
should be impeached.

I’m confused by the analogy in the first paragraph.  If that’s the case, then indeed Yoo ought to be fired for not having competence in his subject matter.  Academic freedom ought not be a cover for incompetence.  But I doubt he would have gotten that far anyway. 

The second paragraph rings odd.  And it hardly makes the point that Yoo ought to be protected from firing.  Any Supreme Court judge who argues for slavery ought to be impeached–now (and probably back then as well).  Even though legal opinions lack the "hard certainty" of scientific truth (whatever that means), it doesn’t mean that some legal opinions are simply beyond the pale.  

By most accounts–even friendly ones–Yoo’s opinions were beyond the pale.  The fact is, however, that was a different job.  This seems to me to be the key difference that’s being overlooked here.  Berkeley was dumb enough to hire him and give him tenure.  They ought to be ashamed.  But it’s too late now. 

Of course, if he broke the law and is found to have committed war crimes, then indeed, he ought to be fired.  But that’s a matter for, er, the law.  

 

Compatible Concepts

Has Hillary Clinton been subjected to more "scrutiny" on account of her gender?  All signs point yes.  A cursory examination of the media coverage will find Clinton having to contend with questions directed at gender in a way that, say, John McCain won’t.  Here’s just one of countless examples.  Enter Maureen Dowd (courtesy of Media Matters):

 

After saying she found her
"voice" in New Hampshire,
she has turned into Sybil. We’ve had
Experienced Hillary, Soft Hillary, Hard Hillary, Misty Hillary, Sarcastic
Hillary, Joined-at-the-Hip-to-Bill Hillary, Her-Own-Person-Who-Just-Happens-to-Be-Married-to-a-Former-President Hillary,
It’s-My-Turn Hillary, Cuddly Hillary,
Let’s-Get-Down-in-the-Dirt-and-Fight-Like-Dogs Hillary.

Just as in the White House, when her cascading images and
hairstyles became dizzying and unsettling, suggesting that the first lady woke
up every day struggling to create a persona, now she seems to think there is a
political solution to her problem.
If she can only change this or that
about her persona, or tear down this or that about Obama’s. But the
whirlwind of changes and charges gets wearing.

And Maureen Dowd, by the way, is supposed to be a liberal.  But, like we’ve been saying, the liberal op-eds disappoint.  In the face of such evidence, Ruth Marcus argues that Clinton cannot claim to be "hampered" by her gender.  Marcus’s claim (isn’t she supposed to be a liberal too?) has what we professionals call a ring of falsity to it.  But she also makes a conceptual claim to support the false empirical claim:

 

The candidate of inevitability and the victim of the uneven playing field aren’t compatible concepts.

The candidate of inevitability is an empty concept.  There might have been a presumption among media types like Marcus that Clinton was the candidate of inevitability, but there hadn’t been an election yet.   Besides, being a candidate for a job, as I can attest from personal experience, doesn’t mean you’ll get the job–or that you even have a chance of getting the job.