CE Week #13: “In a 6-to-3 Vote, Justices Uphold a Voter ID Law”

April 29, 2008

By LINDA GREENHOUSE

WASHINGTON — The Supreme Court upheld Indiana’s voter identification law on Monday, concluding in a splintered decision that the challengers failed to prove that the law’s photo ID requirement placed an unconstitutional burden on the right to vote.

The 6-to-3 ruling kept the door open to future lawsuits that provided more evidence. But this theoretical possibility was small comfort to the dissenters or to critics of voter ID laws, who predicted that a more likely outcome than successful lawsuits would be the spread of measures that would keep some legitimate would-be voters from the polls.

Voting experts said the ruling was likely to complicate election administration, leading to both more litigation and more legislation, at least in states with Republican legislative majorities, but would probably have a limited impact on this year’s presidential voting.

The issue has been intensely partisan, with Republicans supporting increased identification requirements for voters and Democrats opposing them. In what the court described as the “lead opinion,” which was written by Justice John Paul Stevens and joined by Chief Justice John G. Roberts Jr. and Justice Anthony M. Kennedy, the court acknowledged that the record of the case contained “no evidence” of the type of voter fraud the law was ostensibly devised to detect and deter, the effort by a voter to cast a ballot in another person’s name.

But Justice Stevens said that neither was there “any concrete evidence of the burden imposed on voters who now lack photo identification.” The “risk of voter fraud” was “real,” he said, and there was “no question about the legitimacy or importance of the state’s interest in counting only the votes of eligible voters.”

The three others who made up the majority, Justices Antonin Scalia, Clarence Thomas, and Samuel A. Alito Jr., said in an opinion by Justice Scalia that the law was so obviously justified as “a generally applicable, nondiscriminatory voting regulation” that there was no basis for scrutinizing the record to assess the impact on any individual voters. “This is an area where the dos and don’ts need to be known in advance of the election,” Justice Scalia said.

In a dissenting opinion, Justice David H. Souter said that for those on whom the law had an impact, the burden was “serious” and the state had failed to justify it. Like the Virginia poll tax the court struck down 42 years ago, he said, “the onus of the Indiana law is illegitimate just because it correlates with no state interest so well as it does with the object of deterring poorer residents from exercising the franchise.” The other dissenters were Justices Ruth Bader Ginsburg and Stephen G. Breyer.

Six states in addition to Indiana — Florida, Georgia, Hawaii, Louisiana, Michigan, and South Dakota — now require voters to provide photo identification before casting a ballot. Bills are pending in two dozen other states, although they are not likely to pass this year in more than a handful, due to short legislative sessions and Democratic opposition.

The Indiana law, adopted by the Republican-controlled legislature in 2005 without a single Democratic vote, is regarded as the strictest in the country. It requires a voter to present a photograph as part of an unexpired document issued either by Indiana or the federal government, a requirement that in most cases can be satisfied only by a current driver’s license or a passport. The state’s motor vehicle agency provides a free photo ID card for people who do not drive, but obtaining it requires a “primary document” like an original birth certificate or a passport.

Would-be voters without proper identification may cast a provisional ballot that will be counted only if they appear within 10 days at a county clerk’s office and present acceptable photo identification or, alternatively, swear either that they are indigent or that they have a religious objection to being photographed.

The Indiana law was challenged in separate suits filed by the Indiana Democratic Party and by another group of plaintiffs that included elected officials and community groups. The plaintiffs argued that the state had failed to justify a requirement they said would place a special burden on thousands of eligible voters in Indiana who lack driver’s licenses, a group that disproportionately includes the poor, the elderly and people with disabilities.

The plaintiffs lost, both in Federal District Court in Indianapolis and in the United States Court of Appeals for the Seventh Circuit, in Chicago. Writing for the 2-to-1 majority at the appeals court, Judge Richard A. Posner agreed with the plaintiffs that the law would have the greatest impact on people who were “low on the economic ladder and thus, if they do vote, are more likely to vote for Democratic than Republican candidates.” While that fact gave the Democratic Party standing to sue, he said, it did not make the law unconstitutional.

The suits were filed before the statute took effect, challenging the law “on its face.” This technique, known as a “facial challenge,” has been a staple of election litigation, based on the notion that once an election has taken place, the asserted damage has been done and it is too late to make judicial amends.

A debate over the legitimacy of a facial challenge in the voter ID context did not enter this case until the Bush administration filed a brief at the Supreme Court stage supporting Indiana. Solicitor General Paul D. Clement told the court in his brief that, as a facial challenge, the suit was premature and based on nothing more than “speculation and as-yet untested evidence.” In the decision on Monday, Crawford v. Marion County Election Board, No. 07-21, the Supreme Court did not go quite so far as to make facial challenges unavailable. But Justice Stevens said in his opinion that in their effort to invalidate the statute in all its applications, the plaintiffs failed to carry their “heavy burden of persuasion,” given the weight of the state’s interest in election integrity.

In his dissenting opinion, which Justice Ginsburg also signed, Justice Souter examined the case from the opposite end of the telescope. Given that there was “no evidence of in-person voter impersonation fraud in a state, and very little of it nationwide,” he said it was Indiana’s job to justify placing even a slight burden on even a limited number of people. “The interest in combating voter fraud has too often served as a cover for unnecessarily restrictive electoral rules,” Justice Souter said.

Justice Breyer, in a separate dissenting opinion, compared Indiana’s law with those in Georgia and Florida, which also require photo identification but accept a range of more broadly accessible documents. Florida accepts student identification cards, employee badges and cards from neighborhood associations, for example, and accepts a provisional ballot as long as the voter’s signature matches one on file. Indiana has not justified its “significantly harsher” requirements, he said.

The vote of Justice Stevens, a reliable anchor of the court’s liberal bloc, was something of a surprise. Some speculated that his strategic aim was to keep Chief Justice Roberts and Justice Kennedy from joining the Scalia camp. Edward B. Foley, an election law expert at Ohio State University, said the Stevens opinion might represent an effort to “depoliticize election law cases.”

Published in: on April 29, 2008 at 7:18 am Comments (0)

CE Week #13: “As Minister Repeats Comments, Obama Tries to Quiet Fray”

By Shailagh Murray and Peter Slevin
Washington Post Staff Writers
Tuesday, April 29, 2008; A01

Sen. Barack Obama again sought to distance himself from the Rev. Jeremiah A. Wright Jr. yesterday after his former pastor capped a weekend media offensive with an appearance in Washington in which he revisited many of his most controversial comments.

“He does not speak for me,” the Democratic presidential candidate said as he campaigned across North Carolina. “He does not speak for the campaign.”

Obama aides said Wright had rebuffed their recent offers of public relations assistance. They stressed that they had no warning about a media blitz that included an appearance with Bill Moyers on PBS on Friday night, a nationally televised speech to the NAACP in Detroit on Sunday evening and yesterday’s appearance at the National Press Club.

Wright, the former pastor at Trinity United Church of Christ in Chicago who officiated at Obama’s wedding and baptized his two daughters, became the center of controversy after clips from some of his most inflammatory sermons hit the airwaves earlier this year. In one sermon, delivered the Sunday after the Sept. 11, 2001, terrorist attacks, Wright said that “America’s chickens are coming home to roost” for its own acts of “terrorism.” In another, he said blacks should sing “God damn America” instead of “God Bless America” to protest centuries of mistreatment.

Speaking before a sold-out gathering that was broadcast live on cable news networks yesterday, Wright told a mostly African American audience that his preaching has been misconstrued by journalists and political pundits who do not understand black religious tradition, which he said was founded amid slavery and racial intolerance and “still is invisible to the dominant culture.”

“Maybe now we can begin to take steps to move the black religious tradition from the status of invisible to the status of invaluable, not just for some black people in this country but for all the people in this country.”

In his prepared remarks, Wright traced the origins of the African American church in a measured tone and academic language. But during the question-and-answer session that followed, he was defiant.

Queried about his post-Sept. 11 sermon, Wright said: “Well, let me try to respond in a non-bombastic way. If you heard the whole sermon, first of all, you heard that I was quoting the ambassador from Iraq. That’s number one. But, number two, to quote the Bible, ‘Be not deceived. God is not mocked. For whatsoever you sow, that you also shall reap.’ Jesus said, ‘Do unto others as you would have them do unto you.’ ”

Wright continued: “You cannot do terrorism on other people and expect it never to come back on you. Those are biblical principles, not Jeremiah Wright bombastic, divisive principles.”

Challenged about his patriotism, the former Marine exclaimed: “I served six years in the military. Does that make me patriotic? How many years did Cheney serve?”

Wright also restated the idea that HIV was invented as a weapon against minority communities, had kind words for Nation of Islam leader Louis Farrakhan and railed against American imperialism.

The media attention to Wright’s recent appearances has created another headache for the Obama campaign. The senator from Illinois is struggling to close out the primary season against Sen. Hillary Rodham Clinton (N.Y.) after losing key races in Ohio and Pennsylvania and seeing new doubts raised about his prospects in a general election against Sen. John McCain (Ariz.), the presumptive Republican nominee.

At a hastily called news conference, Obama made clear his displeasure with his former pastor. “I think, certainly, what the last three days indicate is that we’re not coordinating with him,” Obama said, although he added: “He’s obviously free to speak his mind.”

“Reverend Wright is speaking for Reverend Wright,” said David Axelrod, Obama’s senior political adviser. “He’s making his own decisions. He’s not seeking guidance.” Nor is the campaign happy with the results. Axelrod added: “I think it’s pretty clear that Reverend Wright is not out there with the intent of helping Senator Obama. He’s out there with his own program.”

While Obama sought to tamp down the revived controversy, Wright, in turn, aired a note of displeasure with his former congregant. Obama delivered a speech on race in Philadelphia last month that denounced Wright’s sharpest remarks and cast the preacher as an older black man whose views had not changed with the times.

“He had to distance himself, because he’s a politician, from what the media was saying I had said, which was anti-American. He said I didn’t offer any words of hope. How would he know? He never heard the rest of the sermon. You never heard it,” Wright said.

He also joked that he was open to serving as Obama’s vice president, and he noted that he would be knocking on the White House door if Obama were to win the general election. “I said to Barack Obama last year, ‘If you get elected, November the 5th, I’m coming after you, because you’ll be representing a government whose policies grind under people.’ All right? It’s about policy, not the American people.”

Clinton passed on the chance to fan the Wright controversy, only reiterating during an appearance in North Carolina that if she were Obama, she would have left Trinity because of Wright’s remarks. But she quickly pivoted to Republicans and an inflammatory ad the state GOP is airing that features Wright and attempts to link the state’s two Democratic gubernatorial candidates, both of whom have endorsed Obama, to the pastor. “I regret the efforts by the Republicans to politicize this matter,” Clinton said.

McCain has denounced the state party ad but has not shied away from addressing Obama’s ties to Wright. Over the weekend, he acknowledged what he called the “anger” of some Americans about Wright’s comments and called Obama “out of touch” with voters.

But he and his advisers also see risks in playing to racial passions. McCain has said he does not think Obama shares Wright’s most controversial views, including his HIV theories and his defense of Farrakhan.

The Rev. Deborah F. Grant, a close friend of Wright’s and the pastor of St. John African Methodist Episcopal Church in Columbus, Ga., said the scrutiny of Wright is unfair, because he is being examined through a political lens. “He has not been called to be a politician. He’s been called to speak the gospel.”

But even his allies wonder how long the controversy will linger. Rep. James E. Clyburn (D-S.C.) said he watched Wright’s NAACP speech twice and thought “he did a very good job of defining himself for anybody who didn’t know what he is.” On the other hand, Clyburn added, “if you’re not interested, or you’re looking for some peg, then it may not make any difference to you.”

Slevin reported from North Carolina. Staff writers Eli Saslow and Michael D. Shear contributed to this report.

CE Week #12: “Clinton Clearly Outduels Obama in Pennsylvania”

April 23, 2008 

By PATRICK HEALY

Senator Hillary Rodham Clinton scored a decisive victory over Senator Barack Obama on Tuesday in the Pennsylvania primary, giving her candidacy a critical boost as she struggles to raise money and persuade party leaders to let the Democratic nominating fight go on.

If Mrs. Clinton did not emerge from the bruising six-week campaign with a race-turning landslide — she still trails Mr. Obama in the popular vote and the delegate count — her victory nonetheless gives her a strong rationale for continuing her candidacy in spite of those Democrats who would prefer to coalesce around Mr. Obama.

Indeed, in her victory speech in Philadelphia on Tuesday night, Mrs. Clinton used the words “fight,” “fighter” and “fighting” repeatedly — not only to promise financially struggling Americans that she would protect them, but also to convey that she had the resolve and confidence to stay in the race.

As for Mr. Obama, the loss only hardened the determination of his advisers to overwhelm Mrs. Clinton’s campaign with his substantial financial advantage — he took in $42 million in March to her $21 million — and with the cold calculus that he is still solidly ahead in their pursuit of the 2,025 delegates needed to win the Democratic nomination. In his concession speech, he kept the focus on the presumptive Republican nominee, Senator John McCain, a subject Mrs. Clinton avoided in her address.

Incomplete returns from Pennsylvania showed Mrs. Clinton leading 55 percent to 45 percent, with her victory propelled by her strong performance among women, older voters and less affluent and less educated voters; among white union members with no college education, she won almost three-quarters of the vote, polling showed.

Even as she celebrated, Mrs. Clinton nodded to the stiff challenges ahead for her campaign, not the least of them Mr. Obama’s financial advantage. In her speech, she implored her supporters to log onto her fund-raising Web site and “and show your support tonight because the future of this campaign is in your hands.” (Campaign officials said late Tuesday that they were having their best night ever in fund-raising online, bringing in $2.5 million in less than four hours.)

And she also defiantly acknowledged the Democrats and the pundits who have called on her to end her candidacy.

“Some people counted me out and said to drop out, but the American people don’t quit, and they deserve a president who doesn’t quit either,” Mrs. Clinton said to fervent cheers and applause at her victory party, where she was joined by former President Bill Clinton and their daughter, Chelsea, as well as two key supporters in the state, Gov. Edward G. Rendell and Mayor Michael Nutter of Philadelphia.

While Mrs. Clinton repeatedly sounded economically populist notes in her speech, Mr. Obama touched on those themes but was also more expansive in his remarks on Tuesday night, sharply criticizing Mr. McCain, as offering “more of the same” of President Bush’s policies. Mr. Obama left Pennsylvania late Tuesday to make his remarks in Indiana, which holds its primary on May 6, along with North Carolina.

Returning to his long-standing themes of unity and hope, Mr. Obama said: “We can continue to slice and dice this country into red states and blue states. We can exploit the divisions that exist in our country for pure political gain. Or this time, we can build on the movement we’ve started in this campaign.”

Yet Mr. Obama also faces challenges ahead: According to Republican Party officials, party members in North Carolina — which holds its primary on May 6 — are considering running an advertisement against Mr. Obama that highlights his ties to controversial figures like his former pastor, the Rev. Jeremiah A. Wright Jr. That ad could have the effect of adding a racially divisive element to that Southern state’s primary.

The Indiana primary, on the same day, poses another make-or-break moment for Mrs. Clinton, according to several of her advisers, who said they would urge her to quit the race if she lost that state. Mrs. Clinton, Mr. Clinton and their allies have campaigned frequently in Indiana in recent weeks, and she has some important endorsements, including support from Senator Evan Bayh, the state’s former governor.

“She has to win Pennsylvania and Indiana — pretty much everyone in the campaign agrees on that,” said one senior Clinton adviser, who spoke on the condition of anonymity to discuss the campaign’s electoral expectations.

The Pennsylvania race turned into a mammoth political battle in recent days, with both candidates pouring millions of dollars into television advertising — much of it negative — and criticizing each other relentlessly on the campaign trail. Mrs. Clinton questioned Mr. Obama’s electability and attacked him for saying that struggling Americans were “bitter,” while Mr. Obama tried to shave her lead in opinion polls.

Mrs. Clinton faces major challenges: her campaign is essentially out of money, with unpaid bills piling up, and she faces growing frustration among some Democratic officials who would prefer her to end her campaign in recognition of Mr. Obama’s lead in the overall popular vote of the primaries and caucuses so far, as well as his continuing edge toward amassing the 2,025 delegates needed to secure the nomination. And Tuesday’s night’s results likely did little to cut into his edge on that front.

Mrs. Clinton’s campaign spent Tuesday planning a fresh fundraising drive to trying to capitalize on her performance in Pennsylvania, while other aides mapped out political strategy and staff movement to Indiana and North Carolina.

Clinton advisers said they realized they had tough challenges ahead. Chief among them, besides paying bills and financing new advertising, was persuading impatient Democratic superdelegates — party leaders and elected officials — to remain neutral in the contest and let the remaining primaries play out through early June.

The Pennsylvania Democrats who cast their ballots in Tuesday’s primary did so with the economy weighing heavily on their minds, according to surveys of voters leaving polling places. Those surveys showed that more than half the voters questioned believe that the worsening state of the American economy is the most important issue confronting the country, with about 90 percent saying the United States has already slipped into a recession.

Half of those polled also said that they were looking for a candidate who could bring about change, which has been the main theme of Mr. Obama’s campaign. Mr. Obama leads in delegates, but has consistently trailed Mrs. Clinton in polls taken in Pennsylvania, though the gap had been closing in recent days.

About one-quarter of those who participated in the exit polling, conducted by Edison/Mitofsky for five television networks and The Associated Press, endorsed the idea that experience, which Mrs. Clinton has emphasized in her campaign, is the most important quality to be sought in a candidate. For the polling, the margin of sampling error in the sample of 40 precincts across the state was plus or minus four percentage points.

Both candidates performed strongly among the same constituencies that have supported them in other primary states. Mr. Obama was backed overwhelmingly by black voters and also scored well among voters younger than 45 and college graduates, the results show. Trailing Mr. Obama over all in both the national popular vote and in the competition for delegates, Mrs. Clinton’s advisers said Tuesday that they were girding for a tough spring.

Most difficult would be amassing enough delegates to overcome Mr. Obama’s lead on that front — he now has about 150 more delegates over all. His advisers say that in the coming days, they also plan to roll out additional Obama endorsements from superdelegates, the party leaders and elected officials who have an automatic vote in deciding the nomination and the discretion to choose a candidate.

Clinton advisers said they were already picking states, cities and towns to dispatch staff members and volunteers from Pennsylvania, and budgeting for television advertising. They are also planning a busy travel schedule for the Clintons, their daughter and an army of surrogates; they are expected to focus heavily on Indiana, and to a lesser extent in North Carolina, where Mr. Obama is widely seen as strongly positioned.

A greater concern in the shorter term for Mrs. Clinton is fundraising: Her campaign faces a cash squeeze as unpaid bills mount and she spends more money than she is taking in, according to new campaign finance filings.

The Pennsylvania race was volatile into its final hours. Mrs. Clinton, for instance, surprised some Democrats with a remark about Iran on ABC on Tuesday, when she broke with her practice of avoiding hypothetical questions and commented on a situation in which Iran attacked Israel with nuclear weapons.

“I want the Iranians to know that if I’m the president, we will attack Iran,” she said. “In the next 10 years, during which they might foolishly consider launching an attack on Israel, we would be able to totally obliterate them.”

CE Week #12: “Trailing in Pennsylvania, Obama Sharpens Tone”

April 21, 2008

By JEFF ZELENY and KATHARINE Q. SEELYE

READING, Pa. — Senator Barack Obama sharpened his tone against Senator Hillary Rodham Clinton on Sunday as the six-week Pennsylvania primary contest raced to a close, with the rivals marshaling extensive resources in a battle for undecided voters and delegates that could determine whether the Democratic nominating fight carries on.

In television commercials and in appearances before crowded rallies, Mr. Obama, of Illinois, cast his opponent in one of the most negative lights of the entire 16-month campaign, calling her a compromised Washington insider. Mrs. Clinton, of New York, responded by suggesting that Mr. Obama’s message of hope had given way to old-style politics and asked Democrats to take a harder look at him.

The fresh skirmishing unfolded across one of the most complicated battlegrounds in the race for the Democratic nomination. Both campaigns deployed thousands of paid workers, volunteers and surrogates to strategic points across the state.

Mr. Obama, seeking to lock up the nomination, was outspending Mrs. Clinton two-to-one on television advertising in the state, with a barrage of commercials assailing her health care plan and suggesting that she was captive to special interests. Mrs. Clinton fired back on Sunday, criticizing his health care plan and saying he was going negative to mask his poor performance in last week’s debate.

Voters in Pennsylvania go to the polls Tuesday, the first to cast ballots since Mr. Obama won the Mississippi primary on March 11. The gap made for the longest campaign in a single state since the opening bell of the presidential contest, in Iowa on Jan. 3, and left time for the candidates to bruise each other, and themselves.

“There’s been a lot of discussion over the last several days about how this campaign gets so negative, how we get distracted, how we exploit divisions,” Mr. Obama told voters in Reading on Sunday afternoon. “Look, our campaign’s not perfect. There’ve been times where, you know, if you get elbowed enough, eventually you start elbowing back.”

A variety of polls show Mrs. Clinton with a lead over Mr. Obama of five or six percentage points, but that is down from about 16 points only weeks ago. Strategists on both sides agreed the race seemed to be narrowing. The chief questions were whether the increasingly pitched campaign would help Mrs. Clinton stop her slide or whether Mr. Obama had regained his momentum.

At a campaign stop in Bethlehem on Sunday, Mrs. Clinton reminded voters about last week’s Democratic debate, in which Mr. Obama was repeatedly on the defensive about recent gaffes and incendiary remarks made by his former pastor. “It’s no wonder my opponent has been so negative these last few days of this campaign,” she said, “because I think you saw the difference between us.”

Mr. Obama was using his fund-raising advantage to pay for a multimillion-dollar campaign that included sophisticated demographic targeting to find supporters in smaller cities across the state, particularly ones with pockets of black voters.

Yet his team was also relying on old-fashioned tools, including sending supporters door-to-door, renting sound trucks to drive through urban neighborhoods and having volunteers serve as “town criers” to pass out literature on city buses.

In their final drives, both candidates barnstormed Pennsylvania with their eye on two different maps: one for the popular vote, the other for delegates. Mrs. Clinton desperately needs to win both to narrow the Obama campaign’s edge on both fronts.

Mr. Obama is also focused on winning delegates to maintain his lead, but he also wants to show he can draw support among the white, working-class voters who have gravitated to Mrs. Clinton.

In an atmosphere where both sides are hedging their expectations, Clinton aides have refused to say what margin of the popular vote she needs to win to stay in the race. The contest for delegates, who are awarded proportionally based on how well the candidates perform in each Congressional district, is likely to be close, but the pressure is on Mrs. Clinton to get at least 50 percent of the delegates.

“The fact that Hillary is crisscrossing a lot of Congressional districts, and Bill is, too, is proof that while everyone is focused on the vote percentages statewide, there is a war for delegates,” said Tony Podesta, who has run several statewide races in Pennsylvania and supports Mrs. Clinton, referring to former President Bill Clinton. “She needs to find ways of closing the delegate gap; she can’t go through all these contests and split the delegates 50-50.”

The intensity of Mr. Obama’s campaign and his willingness to air negative attacks in recent days suggest he harbored hope of ending the Clinton campaign here or avoiding a major loss that would keep the race alive.

Representative Chaka Fattah of Philadelphia, who represents the most delegate-rich district in the state, in Philadelphia, and who supports Mr. Obama, said, “At the end of day, if we can carry more delegates and not have her win in the double digits, that would be great.”

In a new advertisement Sunday, Mr. Obama accused the Clinton campaign of employing “11th hour smears” by suggesting that he takes money from federal lobbyists. He said he had never accepted such money, “not one dime.” After ticking through a list of criticisms against Mrs. Clinton, Mr. Obama asked the crowd at an evening rally, “What kind of inspirational message is that?”

In the final days of the campaign, Mrs. Clinton concentrated on the state’s working-class industrial regions, where she hoped to drive up her support among older, blue-collar voters who are concerned broadly about their economic condition and national security. These voters have proved the most elusive for Mr. Obama, which has led some to question whether he can win their support against Senator John McCain, the presumptive Republican nominee.

Her chief message — captured by an appearance in front of a fire house in suburban West Chester, where she gave a grim assessment of the dangers facing the country — was that she is tough enough to be commander in chief and to take on Mr. McCain, and that Mr. Obama is not.

She has also spent considerable time in the populous Philadelphia suburbs, trying to break through to upscale women, whose gender might lead them to support her but whose class, as measured by income and education, might tilt them toward Mr. Obama. About 40 percent of the state’s Democratic voters live within the Philadelphia media market.

Polls suggest that in the suburbs, Mrs. Clinton is still battling low favorability ratings. It was telling the other day at a forum at Haverford College when she was asked what canvassers should tell voters on her behalf. “Oh, just knock on the door and say, ‘She is really nice,’ ” Mrs. Clinton said. “Or you could say, ‘She is not as bad as you think.’ ”

For his part, Mr. Obama has devoted his time to those same suburbs and reached beyond them to the exurbs, trying to appeal to well-educated, liberal, affluent voters for whom the war in Iraq is a central issue. While his most reliable base is made up of black voters, he has steered clear of Mr. Fattah’s district, the heavily black area of Philadelphia in which Mr. Obama expects to win the most votes and the most delegates. Instead, he has campaigned in each corner of the state, making forays into Mrs. Clinton’s base and trying to capture some of those delegates.

On Sunday evening, he staged a rally in Scranton, where Mrs. Clinton has deep family roots, accompanied by a native son of the city, Senator Bob Casey, who may help with the state’s Catholic, blue-collar voters.

“He’s made progress,” Mr. Casey said. “That doesn’t mean that progress is enough to win the primary here.”

The field operations of both campaigns have added 327,000 Democrats to the voter rolls, many of them 18 to 34 years old. A subsequent poll found 62 percent of the new voters said they planned to vote for Mr. Obama.

Analysts said that the voter-registration drive was an important dry run for Mr. Obama’s field operation in Pennsylvania and that the Obama team may now have the edge in the intense ground game leading up to Tuesday’s vote.

The Obama forces are bolstered by the Service Employees International Union, which is spending nearly $1 million for a door-to-door canvassing operation.

“From what I’ve seen in terms of organization and coordination, the Obama people have run a better campaign,” said Larry Ceisler, a Democratic strategist not affiliated with either campaign (though he has given the maximum amount of money to both).

Mrs. Clinton has employed more of an endorsement strategy and boasts the backing of 100 mayors in the state, including those in Philadelphia and Pittsburgh. Bill Clinton and their daughter, Chelsea, are each holding four or five events a day. And a “Women for Hillary” operation is rotating around the suburbs.

Neil Oxman, a media consultant here, estimated that by the end of the six-week campaign, Mr. Obama will have spent more than $9 million on television and Mrs. Clinton will have spent almost $4 million.

Counting what they are spending on direct mail and other get-out-the-vote efforts, he estimates they will have spent $20 million by Tuesday, making this by far the most expensive presidential primary in state history.

Jeff Zeleny reported from Reading, Pa., and Katharine Q. Seelye from Philadelphia.

Published in: on April 21, 2008 at 7:21 am Comments (0)

CE Week#12: “Behind Analysts, the Pentagon’s Hidden Hand”

April 20, 2008

Message Machine

Behind Analysts, the Pentagon’s Hidden Hand

By DAVID BARSTOW

In the summer of 2005, the Bush administration confronted a fresh wave of criticism over Guantánamo Bay. The detention center had just been branded “the gulag of our times” by Amnesty International, there were new allegations of abuse from United Nations human rights experts and calls were mounting for its closure.

The administration’s communications experts responded swiftly. Early one Friday morning, they put a group of retired military officers on one of the jets normally used by Vice President Dick Cheney and flew them to Cuba for a carefully orchestrated tour of Guantánamo.

To the public, these men are members of a familiar fraternity, presented tens of thousands of times on television and radio as “military analysts” whose long service has equipped them to give authoritative and unfettered judgments about the most pressing issues of the post-Sept. 11 world.

Hidden behind that appearance of objectivity, though, is a Pentagon information apparatus that has used those analysts in a campaign to generate favorable news coverage of the administration’s wartime performance, an examination by The New York Times has found.

The effort, which began with the buildup to the Iraq war and continues to this day, has sought to exploit ideological and military allegiances, and also a powerful financial dynamic: Most of the analysts have ties to military contractors vested in the very war policies they are asked to assess on air.

Those business relationships are hardly ever disclosed to the viewers, and sometimes not even to the networks themselves. But collectively, the men on the plane and several dozen other military analysts represent more than 150 military contractors either as lobbyists, senior executives, board members or consultants. The companies include defense heavyweights, but also scores of smaller companies, all part of a vast assemblage of contractors scrambling for hundreds of billions in military business generated by the administration’s war on terror. It is a furious competition, one in which inside information and easy access to senior officials are highly prized.

Records and interviews show how the Bush administration has used its control over access and information in an effort to transform the analysts into a kind of media Trojan horse — an instrument intended to shape terrorism coverage from inside the major TV and radio networks.

Analysts have been wooed in hundreds of private briefings with senior military leaders, including officials with significant influence over contracting and budget matters, records show. They have been taken on tours of Iraq and given access to classified intelligence. They have been briefed by officials from the White House, State Department and Justice Department, including Mr. Cheney, Alberto R. Gonzales and Stephen J. Hadley.

In turn, members of this group have echoed administration talking points, sometimes even when they suspected the information was false or inflated. Some analysts acknowledge they suppressed doubts because they feared jeopardizing their access.

A few expressed regret for participating in what they regarded as an effort to dupe the American public with propaganda dressed as independent military analysis.

“It was them saying, ‘We need to stick our hands up your back and move your mouth for you,’ ” Robert S. Bevelacqua, a retired Green Beret and former Fox News analyst, said.

Kenneth Allard, a former NBC military analyst who has taught information warfare at the National Defense University, said the campaign amounted to a sophisticated information operation. “This was a coherent, active policy,” he said.

As conditions in Iraq deteriorated, Mr. Allard recalled, he saw a yawning gap between what analysts were told in private briefings and what subsequent inquiries and books later revealed.

“Night and day,” Mr. Allard said, “I felt we’d been hosed.”

The Pentagon defended its relationship with military analysts, saying they had been given only factual information about the war. “The intent and purpose of this is nothing other than an earnest attempt to inform the American people,” Bryan Whitman, a Pentagon spokesman, said.

It was, Mr. Whitman added, “a bit incredible” to think retired military officers could be “wound up” and turned into “puppets of the Defense Department.”

Many analysts strongly denied that they had either been co-opted or had allowed outside business interests to affect their on-air comments, and some have used their platforms to criticize the conduct of the war. Several, like Jeffrey D. McCausland, a CBS military analyst and defense industry lobbyist, said they kept their networks informed of their outside work and recused themselves from coverage that touched on business interests.

“I’m not here representing the administration,” Dr. McCausland said.

Some network officials, meanwhile, acknowledged only a limited understanding of their analysts’ interactions with the administration. They said that while they were sensitive to potential conflicts of interest, they did not hold their analysts to the same ethical standards as their news employees regarding outside financial interests. The onus is on their analysts to disclose conflicts, they said. And whatever the contributions of military analysts, they also noted the many network journalists who have covered the war for years in all its complexity.

Five years into the Iraq war, most details of the architecture and execution of the Pentagon’s campaign have never been disclosed. But The Times successfully sued the Defense Department to gain access to 8,000 pages of e-mail messages, transcripts and records describing years of private briefings, trips to Iraq and Guantánamo and an extensive Pentagon talking points operation.

These records reveal a symbiotic relationship where the usual dividing lines between government and journalism have been obliterated.

Internal Pentagon documents repeatedly refer to the military analysts as “message force multipliers” or “surrogates” who could be counted on to deliver administration “themes and messages” to millions of Americans “in the form of their own opinions.”

Though many analysts are paid network consultants, making $500 to $1,000 per appearance, in Pentagon meetings they sometimes spoke as if they were operating behind enemy lines, interviews and transcripts show. Some offered the Pentagon tips on how to outmaneuver the networks, or as one analyst put it to Donald H. Rumsfeld, then the defense secretary, “the Chris Matthewses and the Wolf Blitzers of the world.” Some warned of planned stories or sent the Pentagon copies of their correspondence with network news executives. Many — although certainly not all — faithfully echoed talking points intended to counter critics.

“Good work,” Thomas G. McInerney, a retired Air Force general, consultant and Fox News analyst, wrote to the Pentagon after receiving fresh talking points in late 2006. “We will use it.”

Again and again, records show, the administration has enlisted analysts as a rapid reaction force to rebut what it viewed as critical news coverage, some of it by the networks’ own Pentagon correspondents. For example, when news articles revealed that troops in Iraq were dying because of inadequate body armor, a senior Pentagon official wrote to his colleagues: “I think our analysts — properly armed — can push back in that arena.”

The documents released by the Pentagon do not show any quid pro quo between commentary and contracts. But some analysts said they had used the special access as a marketing and networking opportunity or as a window into future business possibilities.

John C. Garrett is a retired Army colonel and unpaid analyst for Fox News TV and radio. He is also a lobbyist at Patton Boggs who helps firms win Pentagon contracts, including in Iraq. In promotional materials, he states that as a military analyst he “is privy to weekly access and briefings with the secretary of defense, chairman of the Joint Chiefs of Staff and other high level policy makers in the administration.” One client told investors that Mr. Garrett’s special access and decades of experience helped him “to know in advance — and in detail — how best to meet the needs” of the Defense Department and other agencies.

In interviews Mr. Garrett said there was an inevitable overlap between his dual roles. He said he had gotten “information you just otherwise would not get,” from the briefings and three Pentagon-sponsored trips to Iraq. He also acknowledged using this access and information to identify opportunities for clients. “You can’t help but look for that,” he said, adding, “If you know a capability that would fill a niche or need, you try to fill it. “That’s good for everybody.”

At the same time, in e-mail messages to the Pentagon, Mr. Garrett displayed an eagerness to be supportive with his television and radio commentary. “Please let me know if you have any specific points you want covered or that you would prefer to downplay,” he wrote in January 2007, before President Bush went on TV to describe the surge strategy in Iraq.

Conversely, the administration has demonstrated that there is a price for sustained criticism, many analysts said. “You’ll lose all access,” Dr. McCausland said.

With a majority of Americans calling the war a mistake despite all administration attempts to sway public opinion, the Pentagon has focused in the last couple of years on cultivating in particular military analysts frequently seen and heard in conservative news outlets, records and interviews show.

Some of these analysts were on the mission to Cuba on June 24, 2005 — the first of six such Guantánamo trips — which was designed to mobilize analysts against the growing perception of Guantánamo as an international symbol of inhumane treatment. On the flight to Cuba, for much of the day at Guantánamo and on the flight home that night, Pentagon officials briefed the 10 or so analysts on their key messages — how much had been spent improving the facility, the abuse endured by guards, the extensive rights afforded detainees.

The results came quickly. The analysts went on TV and radio, decrying Amnesty International, criticizing calls to close the facility and asserting that all detainees were treated humanely.

“The impressions that you’re getting from the media and from the various pronouncements being made by people who have not been here in my opinion are totally false,” Donald W. Shepperd, a retired Air Force general, reported live on CNN by phone from Guantánamo that same afternoon.

The next morning, Montgomery Meigs, a retired Army general and NBC analyst, appeared on “Today.” “There’s been over $100 million of new construction,” he reported. “The place is very professionally run.”

Within days, transcripts of the analysts’ appearances were circulated to senior White House and Pentagon officials, cited as evidence of progress in the battle for hearts and minds at home.

Charting the Campaign

By early 2002, detailed planning for a possible Iraq invasion was under way, yet an obstacle loomed. Many Americans, polls showed, were uneasy about invading a country with no clear connection to the Sept. 11 attacks. Pentagon and White House officials believed the military analysts could play a crucial role in helping overcome this resistance.

Torie Clarke, the former public relations executive who oversaw the Pentagon’s dealings with the analysts as assistant secretary of defense for public affairs, had come to her job with distinct ideas about achieving what she called “information dominance.” In a spin-saturated news culture, she argued, opinion is swayed most by voices perceived as authoritative and utterly independent.

And so even before Sept. 11, she built a system within the Pentagon to recruit “key influentials” — movers and shakers from all walks who with the proper ministrations might be counted on to generate support for Mr. Rumsfeld’s priorities.

In the months after Sept. 11, as every network rushed to retain its own all-star squad of retired military officers, Ms. Clarke and her staff sensed a new opportunity. To Ms. Clarke’s team, the military analysts were the ultimate “key influential” — authoritative, most of them decorated war heroes, all reaching mass audiences.

The analysts, they noticed, often got more airtime than network reporters, and they were not merely explaining the capabilities of Apache helicopters. They were framing how viewers ought to interpret events. What is more, while the analysts were in the news media, they were not of the news media. They were military men, many of them ideologically in sync with the administration’s neoconservative brain trust, many of them important players in a military industry anticipating large budget increases to pay for an Iraq war.

Even analysts with no defense industry ties, and no fondness for the administration, were reluctant to be critical of military leaders, many of whom were friends. “It is very hard for me to criticize the United States Army,” said William L. Nash, a retired Army general and ABC analyst. “It is my life.”

Other administrations had made sporadic, small-scale attempts to build relationships with the occasional military analyst. But these were trifling compared with what Ms. Clarke’s team had in mind. Don Meyer, an aide to Ms. Clarke, said a strategic decision was made in 2002 to make the analysts the main focus of the public relations push to construct a case for war. Journalists were secondary. “We didn’t want to rely on them to be our primary vehicle to get information out,” Mr. Meyer said.

The Pentagon’s regular press office would be kept separate from the military analysts. The analysts would instead be catered to by a small group of political appointees, with the point person being Brent T. Krueger, another senior aide to Ms. Clarke. The decision recalled other administration tactics that subverted traditional journalism. Federal agencies, for example, have paid columnists to write favorably about the administration. They have distributed to local TV stations hundreds of fake news segments with fawning accounts of administration accomplishments. The Pentagon itself has made covert payments to Iraqi newspapers to publish coalition propaganda.

Rather than complain about the “media filter,” each of these techniques simply converted the filter into an amplifier. This time, Mr. Krueger said, the military analysts would in effect be “writing the op-ed” for the war.

Assembling the Team

From the start, interviews show, the White House took a keen interest in which analysts had been identified by the Pentagon, requesting lists of potential recruits, and suggesting names. Ms. Clarke’s team wrote summaries describing their backgrounds, business affiliations and where they stood on the war.

“Rumsfeld ultimately cleared off on all invitees,” said Mr. Krueger, who left the Pentagon in 2004. (Through a spokesman, Mr. Rumsfeld declined to comment for this article.)

Over time, the Pentagon recruited more than 75 retired officers, although some participated only briefly or sporadically. The largest contingent was affiliated with Fox News, followed by NBC and CNN, the other networks with 24-hour cable outlets. But analysts from CBS and ABC were included, too. Some recruits, though not on any network payroll, were influential in other ways — either because they were sought out by radio hosts, or because they often published op-ed articles or were quoted in magazines, Web sites and newspapers. At least nine of them have written op-ed articles for The Times.

The group was heavily represented by men involved in the business of helping companies win military contracts. Several held senior positions with contractors that gave them direct responsibility for winning new Pentagon business. James Marks, a retired Army general and analyst for CNN from 2004 to 2007, pursued military and intelligence contracts as a senior executive with McNeil Technologies. Still others held board positions with military firms that gave them responsibility for government business. General McInerney, the Fox analyst, for example, sits on the boards of several military contractors, including Nortel Government Solutions, a supplier of communication networks.

Several were defense industry lobbyists, such as Dr. McCausland, who works at Buchanan Ingersoll & Rooney, a major lobbying firm where he is director of a national security team that represents several military contractors. “We offer clients access to key decision makers,” Dr. McCausland’s team promised on the firm’s Web site.

Dr. McCausland was not the only analyst making this pledge. Another was Joseph W. Ralston, a retired Air Force general. Soon after signing on with CBS, General Ralston was named vice chairman of the Cohen Group, a consulting firm headed by a former defense secretary, William Cohen, himself now a “world affairs” analyst for CNN. “The Cohen Group knows that getting to ‘yes’ in the aerospace and defense market — whether in the United States or abroad — requires that companies have a thorough, up-to-date understanding of the thinking of government decision makers,” the company tells prospective clients on its Web site.

There were also ideological ties.

Two of NBC’s most prominent analysts, Barry R. McCaffrey and the late Wayne A. Downing, were on the advisory board of the Committee for the Liberation of Iraq, an advocacy group created with White House encouragement in 2002 to help make the case for ousting Saddam Hussein. Both men also had their own consulting firms and sat on the boards of major military contractors.

Many also shared with Mr. Bush’s national security team a belief that pessimistic war coverage broke the nation’s will to win in Vietnam, and there was a mutual resolve not to let that happen with this war.

This was a major theme, for example, with Paul E. Vallely, a Fox News analyst from 2001 to 2007. A retired Army general who had specialized in psychological warfare, Mr. Vallely co-authored a paper in 1980 that accused American news organizations of failing to defend the nation from “enemy” propaganda during Vietnam.

“We lost the war — not because we were outfought, but because we were out Psyoped,” he wrote. He urged a radically new approach to psychological operations in future wars — taking aim at not just foreign adversaries but domestic audiences, too. He called his approach “MindWar” — using network TV and radio to “strengthen our national will to victory.”

The Selling of the War

From their earliest sessions with the military analysts, Mr. Rumsfeld and his aides spoke as if they were all part of the same team.

In interviews, participants described a powerfully seductive environment — the uniformed escorts to Mr. Rumsfeld’s private conference room, the best government china laid out, the embossed name cards, the blizzard of PowerPoints, the solicitations of advice and counsel, the appeals to duty and country, the warm thank you notes from the secretary himself.

“Oh, you have no idea,” Mr. Allard said, describing the effect. “You’re back. They listen to you. They listen to what you say on TV.” It was, he said, “psyops on steroids” — a nuanced exercise in influence through flattery and proximity. “It’s not like it’s, ‘We’ll pay you $500 to get our story out,’ ” he said. “It’s more subtle.”

The access came with a condition. Participants were instructed not to quote their briefers directly or otherwise describe their contacts with the Pentagon.

In the fall and winter leading up to the invasion, the Pentagon armed its analysts with talking points portraying Iraq as an urgent threat. The basic case became a familiar mantra: Iraq possessed chemical and biological weapons, was developing nuclear weapons, and might one day slip some to Al Qaeda; an invasion would be a relatively quick and inexpensive “war of liberation.”

At the Pentagon, members of Ms. Clarke’s staff marveled at the way the analysts seamlessly incorporated material from talking points and briefings as if it was their own.

“You could see that they were messaging,” Mr. Krueger said. “You could see they were taking verbatim what the secretary was saying or what the technical specialists were saying. And they were saying it over and over and over.” Some days, he added, “We were able to click on every single station and every one of our folks were up there delivering our message. You’d look at them and say, ‘This is working.’ ”

On April 12, 2003, with major combat almost over, Mr. Rumsfeld drafted a memorandum to Ms. Clarke. “Let’s think about having some of the folks who did such a good job as talking heads in after this thing is over,” he wrote.

By summer, though, the first signs of the insurgency had emerged. Reports from journalists based in Baghdad were increasingly suffused with the imagery of mayhem.

The Pentagon did not have to search far for a counterweight.

It was time, an internal Pentagon strategy memorandum urged, to “re-energize surrogates and message-force multipliers,” starting with the military analysts.

The memorandum led to a proposal to take analysts on a tour of Iraq in September 2003, timed to help overcome the sticker shock from Mr. Bush’s request for $87 billion in emergency war financing.

The group included four analysts from Fox News, one each from CNN and ABC, and several research-group luminaries whose opinion articles appear regularly in the nation’s op-ed pages.

The trip invitation promised a look at “the real situation on the ground in Iraq.”

The situation, as described in scores of books, was deteriorating. L. Paul Bremer III, then the American viceroy in Iraq, wrote in his memoir, “My Year in Iraq,” that he had privately warned the White House that the United States had “about half the number of soldiers we needed here.”

“We’re up against a growing and sophisticated threat,” Mr. Bremer recalled telling the president during a private White House dinner.

That dinner took place on Sept. 24, while the analysts were touring Iraq.

Yet these harsh realities were elided, or flatly contradicted, during the official presentations for the analysts, records show. The itinerary, scripted to the minute, featured brief visits to a model school, a few refurbished government buildings, a center for women’s rights, a mass grave and even the gardens of Babylon.

Mostly the analysts attended briefings. These sessions, records show, spooled out an alternative narrative, depicting an Iraq bursting with political and economic energy, its security forces blossoming. On the crucial question of troop levels, the briefings echoed the White House line: No reinforcements were needed. The “growing and sophisticated threat” described by Mr. Bremer was instead depicted as degraded, isolated and on the run.

“We’re winning,” a briefing document proclaimed.

One trip participant, General Nash of ABC, said some briefings were so clearly “artificial” that he joked to another group member that they were on “the George Romney memorial trip to Iraq,” a reference to Mr. Romney’s infamous claim that American officials had “brainwashed” him into supporting the Vietnam War during a tour there in 1965, while he was governor of Michigan.

But if the trip pounded the message of progress, it also represented a business opportunity: direct access to the most senior civilian and military leaders in Iraq and Kuwait, including many with a say in how the president’s $87 billion would be spent. It also was a chance to gather inside information about the most pressing needs confronting the American mission: the acute shortages of “up-armored” Humvees; the billions to be spent building military bases; the urgent need for interpreters; and the ambitious plans to train Iraq’s security forces.

Information and access of this nature had undeniable value for trip participants like William V. Cowan and Carlton A. Sherwood.

Mr. Cowan, a Fox analyst and retired Marine colonel, was the chief executive of a new military firm, the wvc3 Group. Mr. Sherwood was its executive vice president. At the time, the company was seeking contracts worth tens of millions to supply body armor and counterintelligence services in Iraq. In addition, wvc3 Group had a written agreement to use its influence and connections to help tribal leaders in Al Anbar Province win reconstruction contracts from the coalition.

“Those sheiks wanted access to the C.P.A.,” Mr. Cowan recalled in an interview, referring to the Coalition Provisional Authority.

Mr. Cowan said he pleaded their cause during the trip. “I tried to push hard with some of Bremer’s people to engage these people of Al Anbar,” he said.

Back in Washington, Pentagon officials kept a nervous eye on how the trip translated on the airwaves. Uncomfortable facts had bubbled up during the trip. One briefer, for example, mentioned that the Army was resorting to packing inadequately armored Humvees with sandbags and Kevlar blankets. Descriptions of the Iraqi security forces were withering. “They can’t shoot, but then again, they don’t,” one officer told them, according to one participant’s notes.

“I saw immediately in 2003 that things were going south,” General Vallely, one of the Fox analysts on the trip, recalled in an interview with The Times.

The Pentagon, though, need not have worried.

“You can’t believe the progress,” General Vallely told Alan Colmes of Fox News upon his return. He predicted the insurgency would be “down to a few numbers” within months.

“We could not be more excited, more pleased,” Mr. Cowan told Greta Van Susteren of Fox News. There was barely a word about armor shortages or corrupt Iraqi security forces. And on the key strategic question of the moment — whether to send more troops — the analysts were unanimous.

“I am so much against adding more troops,” General Shepperd said on CNN.

Access and Influence

Inside the Pentagon and at the White House, the trip was viewed as a masterpiece in the management of perceptions, not least because it gave fuel to complaints that “mainstream” journalists were ignoring the good news in Iraq.

“We’re hitting a home run on this trip,” a senior Pentagon official wrote in an e-mail message to Richard B. Myers and Peter Pace, then chairman and vice chairman of the Joint Chiefs of Staff.

Its success only intensified the Pentagon’s campaign. The pace of briefings accelerated. More trips were organized. Eventually the effort involved officials from Washington to Baghdad to Kabul to Guantánamo and back to Tampa, Fla., the headquarters of United States Central Command.

The scale reflected strong support from the top. When officials in Iraq were slow to organize another trip for analysts, a Pentagon official fired off an e-mail message warning that the trips “have the highest levels of visibility” at the White House and urging them to get moving before Lawrence Di Rita, one of Mr. Rumsfeld’s closest aides, “picks up the phone and starts calling the 4-stars.”

Mr. Di Rita, no longer at the Defense Department, said in an interview that a “conscious decision” was made to rely on the military analysts to counteract “the increasingly negative view of the war” coming from journalists in Iraq. The analysts, he said, generally had “a more supportive view” of the administration and the war, and the combination of their TV platforms and military cachet made them ideal for rebutting critical coverage of issues like troop morale, treatment of detainees, inadequate equipment or poorly trained Iraqi security forces. “On those issues, they were more likely to be seen as credible spokesmen,” he said.

For analysts with military industry ties, the attention brought access to a widening circle of influential officials beyond the contacts they had accumulated over the course of their careers.

Charles T. Nash, a Fox military analyst and retired Navy captain, is a consultant who helps small companies break into the military market. Suddenly, he had entree to a host of senior military leaders, many of whom he had never met. It was, he said, like being embedded with the Pentagon leadership. “You start to recognize what’s most important to them,” he said, adding, “There’s nothing like seeing stuff firsthand.”

Some Pentagon officials said they were well aware that some analysts viewed their special access as a business advantage. “Of course we realized that,” Mr. Krueger said. “We weren’t naïve about that.”

They also understood the financial relationship between the networks and their analysts. Many analysts were being paid by the “hit,” the number of times they appeared on TV. The more an analyst could boast of fresh inside information from high-level Pentagon “sources,” the more hits he could expect. The more hits, the greater his potential influence in the military marketplace, where several analysts prominently advertised their network roles.

“They have taken lobbying and the search for contracts to a far higher level,” Mr. Krueger said. “This has been highly honed.”

Mr. Di Rita, though, said it never occurred to him that analysts might use their access to curry favor. Nor, he said, did the Pentagon try to exploit this dynamic. “That’s not something that ever crossed my mind,” he said. In any event, he argued, the analysts and the networks were the ones responsible for any ethical complications. “We assume they know where the lines are,” he said.

The analysts met personally with Mr. Rumsfeld at least 18 times, records show, but that was just the beginning. They had dozens more sessions with the most senior members of his brain trust and access to officials responsible for managing the billions being spent in Iraq. Other groups of “key influentials” had meetings, but not nearly as often as the analysts.

An internal memorandum in 2005 helped explain why. The memorandum, written by a Pentagon official who had accompanied analysts to Iraq, said that based on her observations during the trip, the analysts “are having a greater impact” on network coverage of the military. “They have now become the go-to guys not only on breaking stories, but they influence the views on issues,” she wrote.

Other branches of the administration also began to make use of the analysts. Mr. Gonzales, then the attorney general, met with them soon after news leaked that the government was wiretapping terrorism suspects in the United States without warrants, Pentagon records show. When David H. Petraeus was appointed the commanding general in Iraq in January 2007, one of his early acts was to meet with the analysts.

“We knew we had extraordinary access,” said Timur J. Eads, a retired Army lieutenant colonel and Fox analyst who is vice president of government relations for Blackbird Technologies, a fast-growing military contractor.

Like several other analysts, Mr. Eads said he had at times held his tongue on television for fear that “some four-star could call up and say, ‘Kill that contract.’ ” For example, he believed Pentagon officials misled the analysts about the progress of Iraq’s security forces. “I know a snow job when I see one,” he said. He did not share this on TV.

“Human nature,” he explained, though he noted other instances when he was critical.

Some analysts said that even before the war started, they privately had questions about the justification for the invasion, but were careful not to express them on air.

Mr. Bevelacqua, then a Fox analyst, was among those invited to a briefing in early 2003 about Iraq’s purported stockpiles of illicit weapons. He recalled asking the briefer whether the United States had “smoking gun” proof.

“ ‘We don’t have any hard evidence,’ ” Mr. Bevelacqua recalled the briefer replying. He said he and other analysts were alarmed by this concession. “We are looking at ourselves saying, ‘What are we doing?’ ”

Another analyst, Robert L. Maginnis, a retired Army lieutenant colonel who works in the Pentagon for a military contractor, attended the same briefing and recalled feeling “very disappointed” after being shown satellite photographs purporting to show bunkers associated with a hidden weapons program. Mr. Maginnis said he concluded that the analysts were being “manipulated” to convey a false sense of certainty about the evidence of the weapons. Yet he and Mr. Bevelacqua and the other analysts who attended the briefing did not share any misgivings with the American public.

Mr. Bevelacqua and another Fox analyst, Mr. Cowan, had formed the wvc3 Group, and hoped to win military and national security contracts.

“There’s no way I was going to go down that road and get completely torn apart,” Mr. Bevelacqua said. “You’re talking about fighting a huge machine.”

Some e-mail messages between the Pentagon and the analysts reveal an implicit trade of privileged access for favorable coverage. Robert H. Scales Jr., a retired Army general and analyst for Fox News and National Public Radio whose consulting company advises several military firms on weapons and tactics used in Iraq, wanted the Pentagon to approve high-level briefings for him inside Iraq in 2006.

“Recall the stuff I did after my last visit,” he wrote. “I will do the same this time.”

Pentagon Keeps Tabs

As it happened, the analysts’ news media appearances were being closely monitored. The Pentagon paid a private contractor, Omnitec Solutions, hundreds of thousands of dollars to scour databases for any trace of the analysts, be it a segment on “The O’Reilly Factor” or an interview with The Daily Inter Lake in Montana, circulation 20,000.

Omnitec evaluated their appearances using the same tools as corporate branding experts. One report, assessing the impact of several trips to Iraq in 2005, offered example after example of analysts echoing Pentagon themes on all the networks.

“Commentary from all three Iraq trips was extremely positive over all,” the report concluded.

In interviews, several analysts reacted with dismay when told they were described as reliable “surrogates” in Pentagon documents. And some asserted that their Pentagon sessions were, as David L. Grange, a retired Army general and CNN analyst put it, “just upfront information,” while others pointed out, accurately, that they did not always agree with the administration or each other. “None of us drink the Kool-Aid,” General Scales said.

Likewise, several also denied using their special access for business gain. “Not related at all,” General Shepperd said, pointing out that many in the Pentagon held CNN “in the lowest esteem.”

Still, even the mildest of criticism could draw a challenge. Several analysts told of fielding telephone calls from displeased defense officials only minutes after being on the air.

On Aug. 3, 2005, 14 marines died in Iraq. That day, Mr. Cowan, who said he had grown increasingly uncomfortable with the “twisted version of reality” being pushed on analysts in briefings, called the Pentagon to give “a heads-up” that some of his comments on Fox “may not all be friendly,” Pentagon records show. Mr. Rumsfeld’s senior aides quickly arranged a private briefing for him, yet when he told Bill O’Reilly that the United States was “not on a good glide path right now” in Iraq, the repercussions were swift.

Mr. Cowan said he was “precipitously fired from the analysts group” for this appearance. The Pentagon, he wrote in an e-mail message, “simply didn’t like the fact that I wasn’t carrying their water.” The next day James T. Conway, then director of operations for the Joint Chiefs, presided over another conference call with analysts. He urged them, a transcript shows, not to let the marines’ deaths further erode support for the war.

“The strategic target remains our population,” General Conway said. “We can lose people day in and day out, but they’re never going to beat our military. What they can and will do if they can is strip away our support. And you guys can help us not let that happen.”

“General, I just made that point on the air,” an analyst replied.

“Let’s work it together, guys,” General Conway urged.

The Generals’ Revolt

The full dimensions of this mutual embrace were perhaps never clearer than in April 2006, after several of Mr. Rumsfeld’s former generals — none of them network military analysts — went public with devastating critiques of his wartime performance. Some called for his resignation.

On Friday, April 14, with what came to be called the “Generals’ Revolt” dominating headlines, Mr. Rumsfeld instructed aides to summon military analysts to a meeting with him early the next week, records show. When an aide urged a short delay to “give our big guys on the West Coast a little more time to buy a ticket and get here,” Mr. Rumsfeld’s office insisted that “the boss” wanted the meeting fast “for impact on the current story.”

That same day, Pentagon officials helped two Fox analysts, General McInerney and General Vallely, write an opinion article for The Wall Street Journal defending Mr. Rumsfeld.

“Starting to write it now,” General Vallely wrote to the Pentagon that afternoon. “Any input for the article,” he added a little later, “will be much appreciated.” Mr. Rumsfeld’s office quickly forwarded talking points and statistics to rebut the notion of a spreading revolt.

“Vallely is going to use the numbers,” a Pentagon official reported that afternoon.

The standard secrecy notwithstanding, plans for this session leaked, producing a front-page story in The Times that Sunday. In damage-control mode, Pentagon officials scrambled to present the meeting as routine and directed that communications with analysts be kept “very formal,” records show. “This is very, very sensitive now,” a Pentagon official warned subordinates.

On Tuesday, April 18, some 17 analysts assembled at the Pentagon with Mr. Rumsfeld and General Pace, then the chairman of the Joint Chiefs.

A transcript of that session, never before disclosed, shows a shared determination to marginalize war critics and revive public support for the war.

“I’m an old intel guy,” said one analyst. (The transcript omits speakers’ names.) “And I can sum all of this up, unfortunately, with one word. That is Psyops. Now most people may hear that and they think, ‘Oh my God, they’re trying to brainwash.’ ”

“What are you, some kind of a nut?” Mr. Rumsfeld cut in, drawing laughter. “You don’t believe in the Constitution?”

There was little discussion about the actual criticism pouring forth from Mr. Rumsfeld’s former generals. Analysts argued that opposition to the war was rooted in perceptions fed by the news media, not reality. The administration’s overall war strategy, they counseled, was “brilliant” and “very successful.”

“Frankly,” one participant said, “from a military point of view, the penalty, 2,400 brave Americans whom we lost, 3,000 in an hour and 15 minutes, is relative.”

An analyst said at another point: “This is a wider war. And whether we have democracy in Iraq or not, it doesn’t mean a tinker’s damn if we end up with the result we want, which is a regime over there that’s not a threat to us.”

“Yeah,” Mr. Rumsfeld said, taking notes.

But winning or not, they bluntly warned, the administration was in grave political danger so long as most Americans viewed Iraq as a lost cause. “America hates a loser,” one analyst said.

Much of the session was devoted to ways that Mr. Rumsfeld could reverse the “political tide.” One analyst urged Mr. Rumsfeld to “just crush these people,” and assured him that “most of the gentlemen at the table” would enthusiastically support him if he did.

“You are the leader,” the analyst told Mr. Rumsfeld. “You are our guy.”

At another point, an analyst made a suggestion: “In one of your speeches you ought to say, ‘Everybody stop for a minute and imagine an Iraq ruled by Zarqawi.’ And then you just go down the list and say, ‘All right, we’ve got oil, money, sovereignty, access to the geographic center of gravity of the Middle East, blah, blah, blah.’ If you can just paint a mental picture for Joe America to say, ‘Oh my God, I can’t imagine a world like that.’ ”

Even as they assured Mr. Rumsfeld that they stood ready to help in this public relations offensive, the analysts sought guidance on what they should cite as the next “milestone” that would, as one analyst put it, “keep the American people focused on the idea that we’re moving forward to a positive end.” They placed particular emphasis on the growing confrontation with Iran.

“When you said ‘long war,’ you changed the psyche of the American people to expect this to be a generational event,” an analyst said. “And again, I’m not trying to tell you how to do your job…”

“Get in line,” Mr. Rumsfeld interjected.

The meeting ended and Mr. Rumsfeld, appearing pleased and relaxed, took the entire group into a small study and showed off treasured keepsakes from his life, several analysts recalled.

Soon after, analysts hit the airwaves. The Omnitec monitoring reports, circulated to more than 80 officials, confirmed that analysts repeated many of the Pentagon’s talking points: that Mr. Rumsfeld consulted “frequently and sufficiently” with his generals; that he was not “overly concerned” with the criticisms; that the meeting focused “on more important topics at hand,” including the next milestone in Iraq, the formation of a new government.

Days later, Mr. Rumsfeld wrote a memorandum distilling their collective guidance into bullet points. Two were underlined:

“Focus on the Global War on Terror — not simply Iraq. The wider war — the long war.”

“Link Iraq to Iran. Iran is the concern. If we fail in Iraq or Afghanistan, it will help Iran.”

But if Mr. Rumsfeld found the session instructive, at least one participant, General Nash, the ABC analyst, was repulsed.

“I walked away from that session having total disrespect for my fellow commentators, with perhaps one or two exceptions,” he said.

View From the Networks

Two weeks ago General Petraeus took time out from testifying before Congress about Iraq for a conference call with military analysts.

Mr. Garrett, the Fox analyst and Patton Boggs lobbyist, said he told General Petraeus during the call to “keep up the great work.”

“Hey,” Mr. Garrett said in an interview, “anything we can do to help.”

For the moment, though, because of heavy election coverage and general war fatigue, military analysts are not getting nearly as much TV time, and the networks have trimmed their rosters of analysts. The conference call with General Petraeus, for example, produced little in the way of immediate coverage.

Still, almost weekly the Pentagon continues to conduct briefings with selected military analysts. Many analysts said network officials were only dimly aware of these interactions. The networks, they said, have little grasp of how often they meet with senior officials, or what is discussed.

“I don’t think NBC was even aware we were participating,” said Rick Francona, a longtime military analyst for the network.

Some networks publish biographies on their Web sites that describe their analysts’ military backgrounds and, in some cases, give at least limited information about their business ties. But many analysts also said the networks asked few questions about their outside business interests, the nature of their work or the potential for that work to create conflicts of interest. “None of that ever happened,” said Mr. Allard, an NBC analyst until 2006.

“The worst conflict of interest was no interest.”

Mr. Allard and other analysts said their network handlers also raised no objections when the Defense Department began paying their commercial airfare for Pentagon-sponsored trips to Iraq — a clear ethical violation for most news organizations.

CBS News declined to comment on what it knew about its military analysts’ business affiliations or what steps it took to guard against potential conflicts.

NBC News also declined to discuss its procedures for hiring and monitoring military analysts. The network issued a short statement: “We have clear policies in place to assure that the people who appear on our air have been appropriately vetted and that nothing in their profile would lead to even a perception of a conflict of interest.”

Jeffrey W. Schneider, a spokesman for ABC, said that while the network’s military consultants were not held to the same ethical rules as its full-time journalists, they were expected to keep the network informed about any outside business entanglements. “We make it clear to them we expect them to keep us closely apprised,” he said.

A spokeswoman for Fox News said executives “refused to participate” in this article.

CNN requires its military analysts to disclose in writing all outside sources of income. But like the other networks, it does not provide its military analysts with the kind of written, specific ethical guidelines it gives its full-time employees for avoiding real or apparent conflicts of interest.

Yet even where controls exist, they have sometimes proven porous.

CNN, for example, said it was unaware for nearly three years that one of its main military analysts, General Marks, was deeply involved in the business of seeking government contracts, including contracts related to Iraq.

General Marks was hired by CNN in 2004, about the time he took a management position at McNeil Technologies, where his job was to pursue military and intelligence contracts. As required, General Marks disclosed that he received income from McNeil Technologies. But the disclosure form did not require him to describe what his job entailed, and CNN acknowledges it failed to do additional vetting.

“We did not ask Mr. Marks the follow-up questions we should have,” CNN said in a written statement.

In an interview, General Marks said it was no secret at CNN that his job at McNeil Technologies was about winning contracts. “I mean, that’s what McNeil does,” he said.

CNN, however, said it did not know the nature of McNeil’s military business or what General Marks did for the company. If he was bidding on Pentagon contracts, CNN said, that should have disqualified him from being a military analyst for the network. But in the summer and fall of 2006, even as he was regularly asked to comment on conditions in Iraq, General Marks was working intensively on bidding for a $4.6 billion contract to provide thousands of translators to United States forces in Iraq. In fact, General Marks was made president of the McNeil spin-off that won the huge contract in December 2006.

General Marks said his work on the contract did not affect his commentary on CNN. “I’ve got zero challenge separating myself from a business interest,” he said.

But CNN said it had no idea about his role in the contract until July 2007, when it reviewed his most recent disclosure form, submitted months earlier, and finally made inquiries about his new job.

“We saw the extent of his dealings and determined at that time we should end our relationship with him,” CNN said.

 [What was it that Eisenhower said about the "Military Industrial Complex"?  Kautzman]

CE Week #12: “Talking to Ourselves”

 By Susan Jacoby 
 The Los Angeles Times Sunday 20 April 2008

Americans are increasingly close-minded and unwilling to listen to opposing views.

 As dumbness has been defined downward in American public life during the last two decades, one of the most important and frequently overlooked culprits is the public’s increasing reluctance to give a fair hearing – or any hearing at all – to opposing points of view. A few years ago, I delivered a lecture at Eastern Kentucky University on the history of American secularism, and was pleased, in the heart of the Bible Belt, to have attracted an audience of about 150. The response inside the hall was enthusiastic because everyone there, with the exception of a few bored students whose professors had made attendance a requirement, agreed with me before I opened my mouth. Around the corner, hundreds more students were packing an auditorium to hear a speaker sponsored by the Campus Crusade for Christ, a conservative organization that “counter-programs” secular lectures at many colleges. The star of the evening was a self-described recovering pedophile who claimed to have overcome his proclivities by being “born again.” (And yes, it is a blow to the ego to find oneself less of a draw than a penitent pedophile.) It is safe to say that almost no one who attended either lecture on the Kentucky campus that night was exposed to a new or disturbing idea. Indeed, virtually everywhere I speak, 95% of the audience shares my political and cultural views – and serious conservatives report exactly the same experience on the lecture circuit. Whether watching television news, consulting political blogs or (more rarely) reading books, Americans today have become a people in search of validation for opinions that they already hold. This absence of curiosity about other points of view is the essence of anti-intellectualism and represents a major departure from the nation’s best cultural traditions. In the last quarter of the 19th century, Americans jammed lecture halls to hear Robert Green Ingersoll, known as “the Great Agnostic,” attack organized religion and question the existence of God. They did so not because they necessarily agreed with him but because they wanted to make up their own minds about what he had to say and see for themselves whether the devil really had horns. Similarly, when Thomas Henry Huxley, the British naturalist who popularized Darwin’s theory of evolution, came to the U.S. in 1876, he spoke to standing-room-only audiences, even though many of his listeners were genuinely shocked by his views. This spirit of inquiry, which demands firsthand evidence and does not trivialize opposing points of view, is essential to a society’s intellectual and political health. Richard Hofstadter, in his classic 1963 work, “Anti-Intellectualism in American Life,” argued that among “the major virtues of liberal society in the past was that it made possible such a variety of styles of intellectual life – one can find men notable for being passionate and rebellious, for being elegant and sumptuous, or spare and astringent, clever and complex, patient and wise, and some equipped mainly to observe and endure. … It is possible, of ourse, that the avenues of choice are being closed and that the culture of the future will be dominated by single-minded men of one persuasion or another. It is possible; but insofar as the weight of one’s will is thrown onto the scales of history, one lives in the belief that it not be so.” Hofstadter was of course using the word “liberal” with a small “l,” in the sense that the term had been used in the past – as a synonym for open-mindedness and concern for liberty of thought instead of as the right-wing political epithet it has become during the last 25 years. When I recently spoke about the militant parochialism of American intellectual life on a radio talk show, a caller responded by telling me that there was nothing new about Americans preferring to bask in the reflected glow of their own opinions. Talk radio and political blogs, in his view, are merely the modern equivalent of friends – and haven’t we always chosen friends who agree with us? Well, no. Tell it to John Adams and Thomas Jefferson, who certainly had many, often bitter disagreements about politics and whose correspondence nevertheless leaps off the page as an example of the illumination to be derived from exchanges of ideas between friends who respect each other even though they do not always share the same opinions. “You and I ought not to die, before we have explained ourselves to each other,” Adams wrote Jefferson in 1815. It is doubtful that today’s politicians will spend much time trying to explain themselves to one another even after they leave office. They are, after all, creatures of a culture in which it is acceptable, on the Senate floor, for Vice President Dick Cheney to tell Vermont’s Democratic Sen. Patrick Leahy to “go [obscene verb] yourself”

    There is a direct connection between the debasement of political discourse and the public’s tendency to tune out any voice that is not an echo. “Swift boating” can succeed in politics only because of the correct assumption that huge numbers of Americans lack the broad knowledge that would enable them to spot blatantly unfair attacks. If Barack Obama is the Democratic nominee, we will surely hear, from the slimier corners of the blogosphere, a renewal of the lie that he is a Muslim. John McCain got the same treatment from George W. Bush supporters in the 2000 campaign, when the rumor that his adopted child from Bangladesh was really his own illegitimate African American baby cost him votes in the Republican primary in South Carolina. Voters of any political persuasion who watch only cable news shows or consult only blogs that support their preconceptions are patsies for these kinds of lies. Ironically, the unprecedented array of choices, on hundreds of cable channels and the Web, have contributed to the declne of common knowledge and the denigration of fairness by both the right and the left. No one but a news junkie has the time or the inclination to spend the entire day consulting diverse news sources on the Web, and the temptation to seek out commentary that fits neatly into one’s worldview – whether that means the Huffington Post or the Drudge Report – is hard to resist. Genuine fairness does not mean the kind of bogus objectivity that always locates truth equidistant from two points, but it does demand that divergent views be understood and taken into account in approaching public issues. In re-reading Hofstadter several years ago, I was struck by the fairness of his scholarship, a serious, old-fashioned attempt to engage the arguments of his opponents and to acknowledge evidence that ran counter to his own biases. I had not noticed that when I read the book for the first time in the 1960s because fairness was, to a considerable degree, taken for granted in those days as an ideal for aspiring young scholars and writers. A vast public laziness feeds the media’s predilection today to distill news through polemicists of one stripe or another and to condense complex information into meaningless sound bites. On April 8, for example, Army Gen. David H. Petraeus, commander of the U.S. armed forces in Iraq, testified before the Senate in hearings that lasted into the early evening. Although the hearings were on cable during the day, the networks offered no special programming in the evening, and newscasts were content with sound bites of McCain, Obama and Hillary Clinton questioning the general. Dueling presidential candidates were the whole story. Absent from most news reports was testimony concerning the administration’s ongoing efforts to forge agreements with various Iraqi factions without submitting the terms to Congress for ratification – a development with constitutional implications as potentially serious as the Watergate affair [Here is where I would beg to differ and refer to the matters in question as simply Executive Agreements, no more serious than any of the coutnless others negotiated over the last four decades in an attempt to bypass the very cumbersome and often politicized Senate treaty ratification processes and certainly not rising to the conspiratorial level of the Watergate cover-up.  Kautzman]. No matter. Anyone who wanted to hear Petraeus bashed or applauded could turn o his or her preferred political cable show or click on a blog to find an unchallenging interpretation of the day’s events. The tepid interest in the substance of Petraeus’ testimony on the part of the public and much of the media contrasts sharply with the response to the Senate Watergate hearings in 1973. All 319 hours of the first round of the hearings were televised, and 85% of Americans tuned in to at least some of the proceedings live. I remember those weeks as a period when everyday preoccupations faded into the background and we found time, as a people, to perform our civic duty. An ongoing war may lack the drama of Watergate, but it is doubtful that anything short of another terrorist attack on our soil would convince today’s public that it ought to read the transcript of a lengthy congressional hearing or pay attention, for more than five minutes, to live news as it unfolds. It is past time for Americans to stop attributing the polarization of our public life to the media, the demon entity “Washington” or “the elites.” As long as we continue to avoid the hard work of scrutinizing public affairs without the filter of polemical shouting heads, we have no one to blame for the governing class and its policies but ourselves. Like Hofstadter, I yearn to live in a society that values fair-mindedness. But it will take nothing less than a revolutionary public recommitment to the pursuit of fairness, knowledge and memory to halt, much less reverse, the trend toward an ignorant single-mindedness that threatens the future of democracy itself.


    Susan Jacoby is the author of “The Age of American Unreason.”

CE Week #11: “Clinton’s words laughable”

A NAFTA-backing, gun-seizing multimillionaire calls Obama elitist

Dick Polman
The Philadelphia Inquirer
April 18, 2008

If you want to enjoy a belly laugh, here are three reliable suggestions: (1) rent an old Woody Allen movie, especially “Bananas,” (2) rent “Borat,” or (3) listen to Hillary Clinton, of all people, attack Barack Obama as “elitist.”

This is the same woman who during the last seven years, as evidenced by her tax returns with Bill, has become a millionaire 109 times over; whose husband has long supported the Colombian free-trade deal (deemed hurtful to American workers); who long defended his signing of NAFTA; who, during her Senate career, voted in favor of confiscating guns during a national emergency (one of only 16 senators to do so; Obama voted against confiscation); and who, during the Democratic debates, has refused to shed any light on why the Clintons are safeguarding the identities of the global heavy hitters who are bankrolling the Clinton Library.

 

The Republicans are also trying to paint Obama as elitist, but that’s the standard GOP template (twice used successfully by George W. Bush – a graduate of Phillips Academy Andover, Yale University and Harvard Business School, son of a former president and grandson of a former U.S. senator). It’s particularly amusing to hear that elitist label being thrown around by John McCain, given the fact that McCain is married to a multimillionaire heiress and that McCain wants to extend the Bush tax cuts that help the rich.

But I digress. Hillary was more fun to watch this weekend, as she went into blue-collar overdrive – waxing nostalgic about how as a youngster she was taught to shoot a gun; walking into a bar and drinking from a shot glass; telling a faith forum how she always feels “the enveloping support and love of God” … I half expect to see her marching in the Lehigh Valley, clad in a bowling shirt, with a 12-gauge in one hand and the New Testament in the other.

But that’s politics. If she can successfully brand as elitist a guy who was raised by a single mother far from the comfortable suburban trappings that she enjoyed as a child … well, to the victor go the spoils.

Obama has to turn this flap to his advantage, reframe the issue in a broader context, make the case for an economic populism that connects with Pennsylvania’s working-class voters – and force Hillary to explain why those same voters, long ignored and taken for granted, received so little help from the Bill Clinton administration.

Obama screwed up badly during that fundraiser in San Francisco. But it’s the successful politician who bounces back from adversity. We’ll soon see whether Obama has the gift that saved Bill Clinton from Bimbogate in 1992.

Published in: on April 18, 2008 at 9:04 am Comments (0)

CE Week #11: “Before primary, few are sure”

David S. Broder
The Washington Post
April 17, 2008

UPPER DUBLIN, Pa. – For 40 of his 65 years, ever since he first registered, Martin Greenblatt has been voting Republican in this Philadelphia suburb. Through much of the past winter, the retired teacher considered himself a supporter of Rudy Giuliani. But when the former New York mayor quit the race without a single primary victory, Greenblatt made a radical decision.

He re-registered as a Democrat so he could vote for Hillary Clinton over Barack Obama in next Tuesday’s primary.

In a day of interviewing outside the library in this Montgomery County community just before Wednesday’s Democratic TV debate in Philadelphia, Greenblatt’s story was just one of many describing the strange journeys people have taken to their current positions – and the disquiet some of them feel about the votes they are about to cast.

 

While Clinton had more supporters in these interviews than Obama (or Republican John McCain), it is obvious that all the campaign time the candidates have lavished on Pennsylvania since Ohio and Texas voted for Clinton and McCain on March 4 has fueled more doubts than enthusiasm.

Greenblatt is typical. Asked about McCain, this longtime Republican said, “I don’t like his (Iraq) war policy. I supported the war at the beginning, but I’m increasingly disillusioned with it. McCain just seems to want to keep it going.”

Obama has little appeal to Greenblatt. “He hasn’t had the experience,” Greenblatt said, in a comment I heard many times from other voters. “Two years in the Senate, and one of them he spent running for president. And I’m not happy with Rev. (Jeremiah) Wright,” Obama’s controversial pastor.

Clinton fares better in Greenblatt’s view. “She is a tough lady,” he said. “Lots of experience. And she’s built a good team.” Still, Greenblatt admits “she is not the best candidate we could have, just the best available.”

Another Democratic voter, Ellen Sharm, 49, of Fort Washington, is unequivocally opposed to Clinton, because “my father hated Bill Clinton and he hated her.”

Sharm herself is equivocal about Obama and McCain, and says she is “halfway between” their opposing views on Iraq – with Obama urging an immediate start on a pullout and McCain saying the U.S. should remain in force until Iraq is stable. Sharm describes her own position on the war as “wishy-washy” and, while her disqualification of Clinton “out of respect for my father” dictates a vote for Obama in the primary, she says “if it’s Obama vs. McCain, I’ll have to consider” what to do in November.

Obama has made some gains among these voters, with one crediting the Illinois senator’s ads during the past two weeks for a shift from a certain-for-Clinton ballot to undecided. But many others said they remain uncertain about Obama’s specific policies and skeptical about his short resume.

But none of that deters the youngest voter in our sample, 26-year-old stage manager Francis Sapienza, of Fort Washington. “It’s Obama for sure,” he said. “It may be idealistic, but I really like his emphasis on change.”

As for McCain, some Republicans reflected the doubts among conservatives about his policy views.

Harry Duerr, of Ambler, a 66-year-old retired municipal employee, said he is disillusioned with the spending habits of Republicans in Congress and sees President Bush as “ignorant,” so he will cast a protest vote for libertarian-minded Rep. Ron Paul in Tuesday’s primary. In November, he said, “I’ll vote for McCain,” because “the Democrats are too far left.”

Another retiree, 76-year-old Frank McMahon, of Upper Dublin, has doubts about McCain, in part because of his age, but would probably vote for him in November if he picked someone like Mitt Romney as his running mate – a younger and more conventional conservative.

Kathleen Birchler, of Dresham, a retired office worker in an electronics plant, clings to her Republican identity despite the fact she “can’t stand” either Bush or Vice President Cheney. She has ruled out Obama, in part because he professed to be unaware of Wright’s political views despite 20 years of attending his services.

But she – along with many Democrats – wishes “McCain weren’t so strong for the war,” and so she might vote for Clinton if she were to win the nomination.

Anyone who thinks most of these voters are settled in their choices does not hear what they’re saying.

Published in: on at 8:59 am Comments (0)

CE Week #11: “Obama Pressed in Pa. Debate”

Gaffes Are a Focus as He Spars With Clinton
By Anne E. Kornblut and Dan Balz
Washington Post Staff Writers
Thursday, April 17, 2008; A01

PHILADELPHIA, April 16 — Sen. Barack Obama repeatedly found himself on the defensive here Wednesday night as he sought to bat away criticism of his remarks about small-town values, questions about his patriotism and the incendiary sermons of his former pastor in a potentially pivotal debate six days before Pennsylvania’s presidential primary.

In their first head-to-head encounter in nearly two months, Obama (Ill.) and his opponent for the Democratic nomination, Sen. Hillary Rodham Clinton (N.Y.), sparred over gaffes, missteps and past statements that could leave them vulnerable in the general election against Sen. John McCain (Ariz.), the presumptive Republican nominee.

But it was Obama, now his party’s front-runner, who was pressed most persistently by moderators Charlie Gibson and George Stephanopoulos of ABC News to answer questions that have dominated the Democratic race in the weeks since the last major contests, held March 4 in Texas and Ohio.

The encounter, particularly in the early stages, seemed more like a grilling of Obama on a Sunday-morning talk show than a debate between the two candidates. Obama fielded most of the questions calmly, although at times he appeared to choose his words with extreme care as he faced perhaps the toughest series of questions he has encountered since taking the lead in delegates in the nomination battle.

It took only a few minutes for the debate to focus on Obama’s comments at a recent fundraiser in San Francisco, in which he characterized people who live in economically hard-hit small towns as “bitter” about their plight and said that, as a result, they “cling” to religion, guns and an antipathy to people not like themselves.

Obama said he understood why some people were offended by what he called a “mangled up” statement and then sought to reframe his comments in less offensive terms. “The point I was making was that when people feel like Washington’s not listening to them, when they’re promised year after year, decade after decade, that their economic situation is going to change and it doesn’t, then, politically, they end up focusing on those things that are constant, like religion.”

Obama also said many of those Americans end up basing their votes on issues such as gun control, and he said those issues often become wedges to divide the electorate. “When those issues are exploited, we never get to solve the issues that people really have to get some relief on, whether it’s health care or education or jobs,” he said.

Clinton did not let him off the hook, however. Noting that her grandfather had worked in the lace mills of Scranton, beginning at age 11, and that he had been a member of the local Methodist church, she said it is a “fundamental misunderstanding” to believe that people cling to religion or hunting out of frustration with Washington.

“Now, that doesn’t mean that people are not frustrated with the government. We have every reason to be frustrated, particularly with this administration,” she said. “But I can see why people would be taken aback and offended by the remarks.”

She was then asked, in light of Republican attacks on Obama over the comments, whether she thinks the senator from Illinois could defeat McCain. At first she praised McCain as a formidable opponent and “a man with a great American story to tell.” Pressed to answer directly whether Obama can win, she responded: “Yes. Yes. Yes.” But she added: “I think I can do a better job.”

Clinton came under fire as well, for incorrectly stating on several occasions that she had dodged sniper fire on a visit to Bosnia in 1996. The context for the question was a new Washington Post-ABC News poll showing that nearly six in 10 Americans do not find her honest or trustworthy.

Clinton was asked a question in a video clip of a Pittsburgh voter, Tom Rooney, who said she had lost his vote over it and wondered how she could win him back. “Well, Tom, I can tell you that I may be a lot of things. But I’m not dumb,” Clinton began. She then added: “I’m embarrassed by it. I have apologized for it. I’ve said it was a mistake. And it is, I hope, something that you can look over, because clearly I am proud that I went to Bosnia.”

Still, most of the focus during the first half of the 90-plus-minute debate at the National Constitution Center was on Obama. He, too, got a video question, from Nash McCabe of Latrobe, Pa. Why, she asked, did Obama decline to wear an American flag pin?

Obama said he reveres the flag and added: “I am absolutely confident that during the general election, that when I’m in a debate with John McCain, people are not going to be questioning my patriotism; they are going to be questioning, how can you make people’s lives a little bit better?”

He was then asked about his association with William Ayers, a member of the Weather Underground, a radical group from the 1960s and ’70s. Ayers was quoted after the attacks of Sept. 11, 2001, as saying he did not regret setting bombs and that “we didn’t do enough.”

Obama said he does not have a close relationship with Ayers. “The notion that somehow as a consequence of me knowing somebody who engaged in detestable acts 40 years ago, when I was 8 years old, somehow reflects on me and my values doesn’t make much sense,” he said. He also noted that President Bill Clinton had pardoned members of the group.

Once again, Clinton took the opportunity to criticize her rival, calling Ayers’s comments “deeply hurtful to people in New York,” and she said Obama had served on a board with Ayers. “And I have no doubt — I know Senator Obama’s a good man and I respect him greatly, but I think that this is an issue that certainly the Republicans will be raising,” she said. “And it goes to this larger set of concerns about how we are going to run against John McCain.”

Wednesday’s debate was held in the same facility where Obama delivered his speech about race days after the videos of his former pastor, the Rev. Jeremiah Wright, surfaced.

Obama once again disavowed the remarks without disowning his former pastor, but he said when asked how he would deal with the videos being played over and over in the fall: “If it’s not this, then it would be something else. I promise you, if Senator Clinton got the nomination, there will be a whole bunch of video clips about other things.” He added that he has confidence in the American people to focus on what matters to them most, including health care and the economy. “The notion that somehow that the American people are going to be distracted once again by comments not made by me, but somebody who is associated with me that I have disowned, I think doesn’t give the American people enough credit.”

Clinton had said at the time of the controversy that she would have left the church over Wright’s comments. Asked whether the 8,000 members of Wright’s congregation were wrong to stay, she said hers had been a personal answer to a direct question. “For Pastor Wright to have given his first sermon after 9/11 and to have blamed the United States for the attack, which happened in my city of New York, would have been just intolerable for me.”

The debate opened with a question about a recent proposal by former New York governor Mario Cuomo. He suggested that the nomination battle continue to the end of the primaries, but that the winner select the loser as the vice presidential nominee.

Neither Clinton nor Obama wanted to go first in answering whether they agreed. Obama called the question premature as long as the nomination battle continues. Clinton said that “I think it is absolutely imperative that our entire party close ranks” when the primaries end. “That we become unified. I will do everything to make sure that the people who supported me support our nominee. I will go anywhere in the country to make the case. And I know that Barack feels the same way.”

The debate also touched on Iraq, Iran, the Middle East, taxes, the economy, guns and affirmative action.

Neither Clinton nor Obama gave clear answers about gun control and affirmative action questions; both seemed eager to repeat their past positions on those two sensitive subjects and move on. On the economy, Clinton promised not to raise taxes on people making less than $250,000 a year, flatly ruling out a middle-class tax hike. Obama did the same, though he defined middle class more broadly, saying that the line would be drawn at people making between $200,000 and $250,000 a year.

Obama also confirmed that he would consider raising the capital gains tax, which is currently at 15 percent, back to its previous Clinton-era high of 28 percent. Clinton said she would not raise that tax above 20 percent, if at all, but would take the federal cash flow into account.

Published in: on April 17, 2008 at 10:21 am Comments (0)

CE Week #11: “Clinton Uses Sharp Attacks in Tense Debate”

April 17, 2008

By ADAM NAGOURNEY and JEFF ZELENY

PHILADELPHIA — Senator Barack Obama found himself consistently on the defensive as he and Senator Hillary Rodham Clinton met Wednesday night in a tense debate that left him parrying questions and criticism on issues including values, patriotism and his association with onetime radicals from the 1960s.

It was the first time the two candidates had shared a debate stage in seven weeks, and it came six days before a primary in Pennsylvania that could determine whether Mrs. Clinton can continue her quest for the Democratic presidential nomination. It could also prove to be the last debate between them.

Accordingly, Mrs. Clinton did not let an opportunity pass as she repeatedly challenged Mr. Obama on his record and views — assisted, as it turned out, by vigorous questioning by the two moderators from ABC News, Charles Gibson and George Stephanopolous.

The result was arguably one of Mr. Obama’s weakest debate performances. He at times appeared annoyed as he sought to answer questions about his former pastor, his reluctance to wear an American flag pin on his lapel and his association in Chicago with former members of the Weather Underground, a radical group that carried out bombings in the 1960s that were intended to incite the overthrow of the government.

With a few exceptions — one being when he recalled Mrs. Clinton’s dismissive statement in 1992 about not wanting to spend her life at home baking cookies, an attempt to counter her attacks on his recent statements about religion and small-town values — Mr. Obama chose not to go after his rival aggressively, even when he was asked whether voters considered her honest.

The political implications of his performance remained unclear. As Mrs. Clinton was again reminded by a poll Wednesday in The Washington Post, there are risks to going on the attack as she has over the past six weeks: She is viewed unfavorably by an increasingly large number of voters. Mrs. Clinton can afford nothing short of a strong victory in Pennsylvania’s primary on Tuesday as she looks for a rationale to proceed with her candidacy and stir doubts about Mr. Obama’s ability to appeal to white, blue-collar voters.

But Mrs. Clinton’s audience in attacking Mr. Obama and his electability was not just voters here, but also the unaligned Democratic superdelegates — elected officials and party leaders — whose choices are going to determine who wins the nomination. That was particularly clear when Mrs. Clinton and Mr. Obama tangled over his statement at a California fund-raiser that many small-town voters who are bitter over their economic circumstances “cling to guns or religion or antipathy to people who aren’t like them.”

Mr. Obama said that he had misspoken and that he understood why voters would be offended by those remarks. But he accused Mrs. Clinton of seeking to parse his words for political gain in a way that he said accounted for widespread cynicism about politics.

“So the problem that we have in our politics, which is fairly typical, is that you take one person’s statement, if it’s not properly phrased, and you just beat it to death,” he said. “And that’s what Senator Clinton’s been doing over the last four days.”

“She has gone through this,” he said. “You know, I recall when back in 1992, when she made a statement about how, ‘what do you expect, should I be at home baking cookies?’ And people attacked her for being elitist and this and that. And I remember watching that on TV and saying, well, that’s not who she is; that’s not what she believes; that’s not what she meant. And I’m sure that that’s how she felt as well.”

But Mrs. Clinton tersely rejected Mr. Obama’s explanation. “I can see why people would be taken aback and offended by the remarks,” Mrs. Clinton said, adding, “It wasn’t just me responding to them, it was people who heard them, people who felt as though they were aimed at their values, their quality of life, the decisions that they have made.”

Mrs. Clinton appeared, for the most part, calm and in control, particularly when the discussion moved to such questions as how the two candidates would respond to an attack by Iran on Israel and whether they would promise not to raise taxes as president. Both Mrs. Clinton and Mr. Obama said they would not raise taxes on middle class Americans — those making less than $200,000 to $250,000 a year — though Mr. Obama, pressed by a questioner, acknowledged that he had said he was open to making more income below that threshold subject to the Social Security payroll tax. They also had differences on the capital gains tax; Mrs. Clinton said that if she were to raise it from its current 15 percent level, it would not be to above 20 percent, while Mr. Obama said he would consider raising it as high as 28 percent.

While the tone remained civil on the surface, the displays of affection that both had engaged in during some of their previous encounters — back slaps and lingering handshakes — were replaced by shots of the two candidates staring tensely at each other or gazing into the darkened auditorium at The National Constitution Center.

There was a brief moment of lightness at the start when Mr. Gibson asked whether either would endorse a proposal by Mario M. Cuomo, the former governor of New York, to promise that whoever wins the nomination choose the other as his or her running mate, and that the loser would accept. “So I put the question to both of you: Why not?”

The lengthening silence from the two candidates was filled by the laughter of the crowd.

On issue after issue, Mrs. Clinton raised stern questions about Mr. Obama’s electability.

“I have a lot of baggage, and everybody has rummaged through it for years,” Mrs. Clinton said, drawing laughter. “And so therefore, I have, you know, an opportunity to come to this campaign with a very strong conviction and feeling that I will be able to withstand whatever the Republican sends our way.”

It took two answers — and a nudging from Mr. Stephanopoulos — before Mrs. Clinton answered whether she believed Mr. Obama could win.

“Yes, yes, yes,” she replied, quickly adding, “I think I am better able and better prepared.”

At several points during the debate, the candidates were shown videotaped questions from voters in Pennsylvania. A woman from Latrobe, identified as Nash McCabe, pointedly asked Mr. Obama about his patriotism, saying: “I want to know if you believe in the American flag.”

“I revere the American flag,” said Mr. Obama, who does not regularly wear a flag lapel pin. “And I would not be running for president if I did not revere this country.”

But throughout the 90-minute debate, Mr. Obama was placed on the defensive, explaining his association with his former pastor, the Rev. Jeremiah A. Wright Jr., as well as his connection to Bill Ayers, a Chicago supporter who was a member of the Weatherman Underground and is now a professor at the University of Illinois at Chicago.

Those issues were raised in a tough round of questions posed by Mr. Stephanopoulos and Mr. Gibson, who in many ways presented a mirror image of earlier debates in which two NBC moderators, Tim Russert and Brian Williams, repeatedly pressed Mrs. Clinton with tough and provocative questions.

But if the moderators put Mr. Obama on the defensive, Mrs. Clinton pressed her advantage at every opportunity, at one point invoking the name of Louis Farrakhan, the National of Islam leader, who has endorsed Mr. Obama.

“This is a legitimate area,” she said, “as everything is when we run for office.”

Mrs. Clinton seemed well prepared to push the question of Mr. Ayers, citing details of Mr. Obama’s association with him as a fellow board member for the Woods Fund of Chicago. Mr. Obama, equally well prepared, responded by noting that Bill Clinton had, as president, pardoned the sentences of two other members of the Weather Underground.

“By Senator Clinton’s own vetting standards, I don’t think she would make it, since President Clinton pardoned or commuted the sentences of two members of the Weather Underground, which I think is a slightly more significant act than me serving on a board with somebody for actions he did 40 years ago,” he said.

After Mr. Obama made his remark at the California fund-raiser about the traditions of people who own guns, Mrs. Clinton told audiences at campaign stops that her father showed her how to shoot as a young girl. The issue, one that most Democrats have not found comfortable terrain, came up again at the debate, with Mr. Obama suggesting that he understood the issue to be almost one of family values.

“You know, when you listen to people who have hunted, and they talk about the fact that they went hunting with their fathers or their mothers, then that is something that is deeply important to them and, culturally, they care about deeply,” he said.

And Mrs. Clinton and Mr. Obama said that as president, they would execute promises to begin the withdrawal of American troops from Iraq, even if their military commanders at the time advised them that it would be wiser to keep troops on the ground.

CE Week #11: “Clinton says Obama sounds ‘out of touch’ “

Illinois senator criticizes rival for continued attacks

Hillary Rodham Clinton and Barack Obama shake hands Sunday at a Compassion Forum at Messiah College, in Grantham, Pa. Associated Press (Associated Press)

Related stories

Barack Obama

Shailagh Murray and Perry Bacon Jr.
Washington Post
April 14, 2008

GRANTHAM, Pa. – Sen. Hillary Rodham Clinton asserted Sunday night that Sen. Barack Obama, through his recent description of sentiments in small-town America, reinforced a stereotype of “out-of-touch” Democrats that doomed the party’s last two presidential nominees.

“We had two very good men – and men of faith – run for president in 2000 and 2004. But large segments of the electorate concluded that they did not really understand or relate to, or frankly respect, their ways of life,” Clinton said at Messiah College, referring to former Vice President Al Gore and Sen. John Kerry, of Massachusetts. She repeated her view that Obama had been “elitist … and frankly patronizing.”

Her remarks came in a nationally televised forum on religious and moral values, held at the private Christian school just outside of Harrisburg.

Obama had already fielded two days of such criticism from Clinton, after he told San Francisco Democrats last week about working-class voters in small towns, “It’s not surprising that they get bitter. They cling to guns or religion or antipathy to people who aren’t like them or anti-immigrant sentiment or anti-trade sentiment.”

And it was clear Sunday that Obama had heard enough. He fired back in a union hall in Steelton, Pa., saying he expected such an attack from Sen. John McCain, R-Ariz., the presumptive Republican nominee, but not from a fellow Democrat.

“She knows better. Shame on her. Shame on her,” Obama said. “She is running around talking about how this is an insult to sportsmen, how she values the Second Amendment. She’s talking like she’s Annie Oakley,” invoking the famed Wild West sharpshooter.

“Hillary Clinton is out there like she’s on the duck blind every Sunday,” he continued. “She’s packing a six-shooter. Come on, she knows better. That’s some politics being played by Hillary Clinton.”

Obama suggested Saturday that he had phrased his comments clumsily.

The uproar threatened to overshadow the Democrats’ participation in Sunday night’s forum, which was organized by the nonpartisan group Faith in Public Life. The two candidates sat separately for more than 30 minutes each of questions from journalists and religious leaders. McCain was invited but declined to take part.

Clinton declined repeatedly to describe her personal faith and how it informed specific decisions, citing “the way I was raised” and implying that she keeps such matters to herself. Asked why there is suffering, if there is a God, she said, “I can’t wait to ask him. I have just pondered it endlessly.”

Earlier, while campaigning in Scranton, Pa., Clinton hammered Obama in comments that seemed targeted at uncommitted Democratic superdelegates.

“His comments were elitist and divisive, and the Democratic Party has been unfortunately viewed by many people over the last decade as being elitist and out of touch. We have waged elections over that,” Clinton said at a news conference.

Her campaign hastily arranged for her to go door to door for 30 minutes in Scranton, in northeast Pennsylvania. It was her third campaign trip there in the past month, and she has never forgotten to remind voters that her father grew up in Scranton.

Clinton seemed frustrated when a reporter turned the issue toward her, asking when she had last attended church or fired a gun.

“That is not a relevant question for this debate,” Clinton said.

Published in: on April 14, 2008 at 4:02 pm Comments (0)

CE Week #11: “Carter gets cold shoulder in Israel”

Ex-president’s plans to meet with Hamas leaders controversial

Joel Greenberg
Chicago Tribune
April 14, 2008

JERUSALEM – Former U.S. President Jimmy Carter is getting a cool reception in Israel, where he arrived Sunday at the start of a nine-day Middle East tour that he said would likely include a meeting with Hamas leaders in Syria.

Carter, a Nobel Peace Prize winner who brokered the first Arab-Israeli peace accord, is being shunned by Prime Minister Ehud Olmert, Foreign Minister Tzipi Livni and Defense Minister Ehud Barak. However, Carter met on Sunday with President Shimon Peres, whose position is ceremonial.

Carter also plans to travel to the West Bank and to meet the leaders of Egypt, Syria, Saudi Arabia and Jordan on what the Atlanta-based Carter Center called a “study mission” to support Middle East peace efforts.

A spokesman for Olmert declined to comment on the Carter trip, but other Israeli officials said the reason for the cold shoulder here was Carter’s plan to meet Hamas leader Khaled Mashaal in Damascus, a move that has been criticized by Secretary of State Condoleezza Rice.

The United States and Israel consider Hamas a terrorist organization and are boycotting the militant Islamic group, which has carried out dozens of suicide bombings and whose charter calls for Israel’s destruction. U.S. and Israeli policy is to isolate Hamas, which controls the Gaza Strip, and pursue peace efforts with Palestinian President Mahmoud Abbas, who favors a negotiated settlement with Israel.

One Israeli official, who spoke on condition of anonymity, said that high-level meetings here with Carter before he goes on to meet Hamas leaders would have “sounded like we are sending a message,” when “we don’t want anything to do with them.”

Carter, who met Sunday with the parents of Cpl. Gilad Shalit, an Israeli soldier held by Hamas militants in Gaza, told the ABC News program “This Week” that “it’s likely that I will be meeting with the Hamas leaders” in Syria, where he is to see President Bashar Assad.

“I think there’s no doubt in anyone’s mind that if Israel is ever going to find peace with justice concerning the relationship with their next-door neighbors, the Palestinians, that Hamas will have to be included in the process,” Carter said. “I think someone should be meeting with Hamas to see what we can do to encourage them to be cooperative.”

Mohammed Nazzal, a Hamas official in Syria, said the group “welcomes the request” from Carter to see Mashaal, and that the meeting would take place Friday. It would be the first public contact between a prominent American and Hamas officials since the Rev. Jesse Jackson met Mashaal in Syria in 2006.

CE Week #11: “Bush to Cut Army Tours to 12 Months”

President Supports Suspending Pullout Of Forces in Iraq
By Peter Baker and Jonathan Weisman
Washington Post Staff Writers
Thursday, April 10, 2008; A01

President Bush plans to announce today that he will cut Army combat tours in Iraq from 15 months to 12 months, returning rotations to where they were before last year’s troop buildup in an effort to alleviate the tremendous stress on the military, administration officials said.

The move is in response to intense pressure from service commanders who have expressed anxiety about the toll of long deployments on their soldiers and, more broadly, about the U.S. military’s ability to confront unanticipated threats. Bush will announce the decision during a national speech, in which aides said he will also embrace Army Gen. David H. Petraeus’s plan to indefinitely suspend a drawdown of forces.

The twin decisions may set the course for U.S. policy in Iraq through the fall and perhaps for the rest of Bush’s presidency. Frustrated by their inability to force Bush to shift direction since they took over Capitol Hill more than a year ago, congressional Democrats began coalescing behind a strategy of trying to force the Iraqis to shoulder more of the costs of the war and reconstruction. Key Republicans signaled support for the approach.

The political maneuvering came as Petraeus, the top U.S. military commander in Iraq, and Ambassador Ryan C. Crocker completed two days of lengthy congressional hearings in search of continued support for the war effort. Their conclusion that Iraq has begun making significant but fragile progress on both security and political fronts changed few minds and left lawmakers in both parties impatient for a clear path to resolution.

The bottom line seems to be that after pulling out the extra forces Bush sent last year, the United States will keep about 140,000 troops in Iraq at least through the November presidential election. In the short term, the debate in Washington instead will focus more intently on trade-offs at home, including the strain on the armed forces and the Treasury.

The elimination of 15-month tours will restore deployments to an equal balance of one year in the war zone followed by one year at home. Defense Secretary Robert M. Gates extended the tours almost exactly a year ago to provide enough forces for Bush’s “surge” of 20,000 additional combat troops and 8,000 support troops. But Army leaders have complained about the strain.

Gen. Richard A. Cody, the Army’s outgoing vice chief of staff, told the House Armed Services Committee yesterday that the Army is “out of balance” and that the current demand for forces in Iraq and Afghanistan “exceeds the sustainable supply.” He added that “soldiers, families, support systems and equipment are stretched and stressed by the demands of lengthy and repeated deployments, with insufficient recovery time.”

Petraeus said he favors scaling back the combat tours. “I have certainly given my support to 12-month deployments,” he said. “Operationally, we would welcome that, both because of the strain and the stress, and really just a general recognition of the value in that. And hopefully, this reduction can allow that over time.”

But Bush’s decision will affect only those troops sent to Iraq as of Aug. 1 or later, meaning that those already there still have to complete 15-month tours. Bobby Muller, president of Veterans for America, an advocacy group, said that nearly half of the Army’s active-duty frontline units are currently deployed for 15 months, and that Bush’s decision leaves them out.

“In short, this is a hollow announcement; it has no immediate effect,” Muller said. “It is nothing more than political posturing at the expense of our troops. Our soldiers are unraveling and they need their commander in chief to provide immediate relief.”

House Armed Services Chairman Ike Skelton (D-Mo.) applauded Bush’s move. “But it only resets us to where we were last winter,” he added. “This pace will still wear our troops out.” Ilan Goldenberg, a scholar at the National Security Network, said on a conference call organized by antiwar activists that Bush cannot portray the move as a sign of progress. “The military is so strained, the president really didn’t have a choice,” he said.

Democrats moved to press Bush on another front, linking the sagging U.S. economy to escalating war costs. On a day when oil hit $112 a barrel for the first time, lawmakers said that energy-rich Iraq should be footing more of its own bills. “We’ve put about $45 billion into Iraq’s reconstruction . . . and they have not spent their own resources,” said House Democratic Caucus Chairman Rahm Emanuel (Ill.). “They have got to have some skin in the game.”

Sens. Ben Nelson (D-Neb.) and Susan Collins (R-Maine) met yesterday to craft a bipartisan bill to make Iraq take on a greater share of the financial burden. Under their plan, any future U.S. money for reconstruction would take the form of a loan to be repaid, and Baghdad would have to pay for fuel used by U.S. troops and for the training of its own security forces, and make payments to the predominantly Sunni fighters in the Awakening movement taking on al-Qaeda.

“It’s time, in fact long past time, the Iraqis start bearing a larger portion of the costs for this war,” Collins said. Rep. Steve Chabot (R-Ohio) echoed the sentiment. “Doesn’t it just make sense that record-high gas prices pay for the reconstruction of Iraq, rather than the American taxpayer?” he asked.

Even Sen. Lindsey O. Graham (R-S.C.), one of the staunchest war supporters and a key ally of Sen. John McCain (Ariz.), the presumptive Republican presidential nominee, agreed that Bush made a mistake by not making Iraqis repay U.S. costs from the start. “The best thing we can do for the people of Iraq is to make them a stakeholder in their own country,” he said.

As Congress prepares to take up a new war spending bill, House Democratic defense appropriators agreed this week on three policy prescriptions: a government-wide ban on torture, a mandate that soldiers and Marines be given at least a month at home for every month in combat, and a withdrawal timetable that would be longer than past failed efforts and that would explicitly leave the details of withdrawal to military commanders.

That would force a new showdown with Bush, who has opposed all three ideas. During a meeting with congressional leaders at the White House yesterday, Bush also urged lawmakers not to pack domestic spending into the war-funding bill. But Rep. James P. Moran Jr. (D-Va.), an Appropriations defense subcommittee member, said war funding is likely to total $108 billion, with as much as $30 billion in domestic spending.

A White House budget document indicates that the administration is expecting Democrats to request $5.8 billion for continuing Gulf Coast hurricane relief, up to $400 million for Western wildfires, as much as $2 billion for the 2010 Census, $1 billion for nutrition for women and infants, $1 billion for food stamps and $500 million for Head Start. As much as $15 billion is expected for unemployment insurance.

Republicans quickly charged Democrats with loading pork-barrel spending onto the backs of soldiers. “The buffet is open,” the House Republican Conference said.

But Democrats said the economic downturn has changed the political equation. “There is a connection between the state of our economy and Iraq and what we’re spending over there,” said Rep. Baron P. Hill (D-Ind.). “We need to spend more money on infrastructure, on roads and bridges that would have a stimulative effect on the economy, and we’re not doing those things because of all the money we’re spending in Iraq.”

Staff writer Josh White contributed to this report.

CE Week #10: “Frustrated Senators See No Exit Signs”

By Karen DeYoung and Thomas E. Ricks
Washington Post Staff Writers
Wednesday, April 9, 2008; A01

Asked repeatedly yesterday what “conditions” he is looking for to begin substantial U.S. troop withdrawals from Iraq after this summer’s scheduled drawdown, Army Gen. David H. Petraeus said he will know them when he sees them. For frustrated lawmakers, it was not enough.

“A year ago, the president said we couldn’t withdraw because there was too much violence,” said Sen. Edward M. Kennedy (D-Mass.). “Now he says we can’t afford to withdraw because violence is down.” Asked Sen. Chuck Hagel (R-Neb.): “Where do we go from here?”

Sen. Bob Corker (R-Tenn.) said: “I think people want a sense of what the end is going to look like.”

But the bottom line was that there was no bottom line. In testimony before the Senate Armed Services and Foreign Relations committees, Petraeus, the top U.S. military commander in Iraq, and U.S. Ambassador Ryan C. Crocker echoed what they said seven months ago in their last update to Congress — often using similar words. Iraq’s armed forces continue to improve, overall levels of violence are lower than they were last year, and political reconciliation is happening, albeit still more slowly than they would like.

“Iraq is hard, and reconciliation is hard,” Crocker said in September. Yesterday, he added: “Almost everything about Iraq is hard.”

In eight hours of testimony, the two men danced around the question of what constitutes success in Iraq. “As I’ve explained, again, from a military perspective,” Petraeus said wearily as the day drew to a close, “. . . what we want to do is to look at conditions and determine where it is without taking undue risks. This is all about risk.”

“We’ll look at the circumstances and assess,” Crocker said, as he and Petraeus spoke of “battlefield geometry” and “political-military calculus.”

What worked in September — an overall sense of progress that gave the Bush administration additional time to pursue its “surge” policy of sending nearly 30,000 more troops to Iraq — sparked little enthusiasm this time among lawmakers who had hoped for a brighter light at the end of the tunnel. Much of their frustration appeared to stem from a realization that there was little they could do to affect policy in the administration’s final nine months.

Petraeus said he has recommended to President Bush that the planned withdrawal of the five “surge” combat brigades by the end of July be followed by a 45-day hiatus for “consolidation and evaluation.” Then, Petraeus said, he would begin “a process of assessment to examine the conditions on the ground” and determine whether to recommend “further reductions as conditions permit.”

The scheduled withdrawals, Armed Services Chairman Carl M. Levin (D-Mich.) said dismissively, are “just the next page in a war plan with no exit strategy.”

Several Republicans were effusive in their praise for Petraeus, Crocker and the administration’s policy. “We are no longer staring into the abyss of defeat,” said Sen. John McCain (Ariz.). Instead, the presumed GOP presidential nominee said that “success is within reach.”

McCain hedged his bets with other tough questions, but he left it to others to throw their support behind administration policy. “According to some, we should fire you,” Sen. Lindsey O. Graham (R-S.C.) told the witnesses. “It sounds like . . . really nothing good has happened in the last year and this is a hopeless endeavor. Well, I beg to differ.”

Graham and others opened the door for Petraeus and Crocker to match White House rhetoric on the ongoing threat from al-Qaeda in Iraq and the rising menace of Iran. But while Petraeus noted that the recent Iraqi government offensive in Basra against the Iranian-backed Shiite militia of cleric Moqtada al-Sadr illustrated Tehran’s malign influence, Crocker repeated something he said in September: Persian Iran is up to no good in Iraq, but its role there is limited by deep Arab Iraqi antipathy.

Both Petraeus and Crocker described the Basra operation as a positive demonstration of Iraqi sovereignty and military determination, though one with operational flaws.

Petraeus confirmed that Prime Minister Nouri al-Maliki had rejected his advice to delay the offensive until Iraqi troops were better prepared.

“There is no question that it could have been better planned,” Petraeus said. He agreed that the 1,000 Iraqi army troops and police who either deserted or refused to fight were “a disappointment.” But, he added, thousands of others had fought well, particularly in other areas of southern Iraq where simultaneous violence also broke out.

The witnesses also held firm on an issue raised on both sides of the aisle: whether the administration would submit a security agreement it is negotiating with Iraq to the Senate for ratification. Crocker said that the Iraqis intend to submit the accord to their own parliament, but he added that he does not know whether it would require a vote there. “It is our intention,” he said, that the pact will be an “executive agreement” not requiring U.S. congressional approval.

But many Republicans joined their Democratic colleagues in decrying the days of open-ended war and an open U.S. checkbook, and in demanding to know what the administration is doing to pressure the Iraqi government and military to take responsibility for its own fate. “We’re a generous people,” said Sen. John Barrasso (R-Wyo.), “but our patience is not unlimited.”

Petraeus and Crocker repeated warnings that al-Qaeda in Iraq, while weakened, remains a threat. But they described an ongoing U.S. troop presence as necessary largely because no one is certain that security gains will endure if U.S. forces leave. The consequences of withdrawal, Crocker said, “could be grave.”

But after hours of questions, they acknowledged that they had gotten at least part of the message. The United States was still funding the roughly 90,000 Sunni security volunteers who Maliki’s Shiite-dominated government is reluctant to put on its payroll, Sen. Barbara Boxer (D-Calif.) told Petraeus. “I’m just asking you why you would object to asking [Iraq] to pay for that entire program, given all we are giving them in blood and everything else.”

“It is a very fair question,” Petraeus responded, “and I think that if there’s anything that the ambassador and I will take back to Iraq candidly after this morning’s session and this afternoon’s is, in fact, to ask those kinds of questions more directly.”

CE Week #10: “Affirmative Action for Boys”

Thursday, Apr. 03, 2008

By NANCY GIBBS

Back in olden days–in 1974, to be exact–Mr. T. Harding Jones of the Concerned Alumni of Princeton lamented how “coeducation has ruined the mystique and the camaraderies that used to exist” on campus. Admitting girls to Princeton, he predicted, was “going to prove a very unfortunate thing.”

I landed at college a few years later, at the very moment the number of female undergraduates nationally reached parity with that of men–though my school was still 3-to-2 male. Like my peers, I suspect, for every pterodactyl who thought I had no business being there, I found three gentle mentors who smoothed the way.

But a gender gap has reopened: if girls were once excluded because they somehow weren’t good enough, they now are rejected because they’re too good. Or at least they are so good, compared with boys, that admissions committees at some private colleges have problems managing a balanced freshman class. Roughly 58% of undergraduates nationally are female, and the girl-boy ratio will probably tip past 60-40 in a few years. The divide is even worse for black males, who are outnumbered on campus by black females 2 to 1.

While educators debate whether there is a “boy crisis” that warrants a wholesale change in how to teach, colleges are quietly stripping the pastels from brochures and launching Xbox tournaments to try to close the gap in the quality and quantity of boys applying. “It’s a gross generalization that slacker boys get in over high-performing girls,” says Jennifer Delahunty, dean of admissions at Kenyon College, “but developmentally, girls bring more to the table than boys, and the disparity has gotten greater in recent years.”

Of course, admitting this is taboo, as Delahunty learned two years ago. She was in marathon committee meetings, stacking glorious girls on the waiting list while less accomplished boys wiggled through, when she got an e-mail informing her that her own daughter had been wait-listed. The experience inspired her to write a confessional Op-Ed, “To All the Girls I’ve Rejected,” for the New York Times, responses to which lit up her inbox. “It pissed off the feminists and the misogynists–I got both sides of the spectrum,” she told me. “The misogynists said women already have too many advantages. And the feminists said, How dare you not treat women like men.” But what most amazed her was the reaction of young women: by and large, they assumed this is just how things work. “Why aren’t they marching in the streets? That’s the part that slays me,” Delahunty says. “It isn’t fair, and young women should be saying something about it not being fair.”

But when it comes to private-college admissions, the law is murky, the process opaque, the needs of the institution primary. This includes ensuring that the freshman class is not 70-30 female, because that makes the school less attractive to male and female applicants alike. U.S. News & World Report found that the admissions rate of men at the College of William and Mary, for example, was an average of 12 percentage points higher than that of women–because, as the admissions director memorably told the magazine, “even women who enroll … expect to see men on campus. It’s not the College of Mary and Mary; it’s the College of William and Mary.”

But the gap persists on campus, where women tend to win more honors, join more clubs, do more volunteer work. “We sit and talk about why no men are applying for leadership roles,” says Jason Zelesky, associate dean of students at Clark University in Massachusetts, which is 60-40 female. “Do we need to concentrate more on traditional masculine words–’Be a leader on campus,’ as opposed to ‘Come join our team’?” He’s launching a “men helping men” support program to help boys adjust to their minority status.

I wonder if there’s a price boys pay for the “soft bigotry of low expectations.” The college deans I talked to worry that there is some message boys are not receiving, role models they are missing, that speaks to the importance of an education both broad and deep. “I found it harder to talk to guys in interviews, even after 40 years,” says Haverford dean Greg Kannerstein, “because they seem narrower in their interests than the women.” He wonders if schools and parents have wrapped boys in cotton, focused on “support” at the expense of accountability. “For a long time, guys were left on their own, which was not so great either,” he says. “Now maybe we’re shielding them a little too much.” That would be the crowning irony, if it turns out that girls emerge stronger somehow from having the game rigged against them.

CE Week #10: “Bill Clinton Visits Puerto Rico, Rich in Culture and Delegates”

By Eli Saslow
Washington Post Staff Writer
Tuesday, April 8, 2008; A01

BARCELONETA, Puerto Rico, April 7 — The four sound trucks filed onto potholed streets at 8 o’clock Monday morning, weighed down by the 800-pound speakers rigged to their roofs. They drove past the pineapple plantations, past the black-sand beaches, past the multicolored tiendas downtown.

All morning, the trucks blasted the same short message, as if repetition might make it more believable: “Sí! Bill Clinton está aquí!”

Yes, a few hours later, Bill Clinton did come to this farming town 1,200 miles from the U.S. mainland, bringing with him the 2008 Democratic presidential campaign. The former president walked into the humid courtyard of a university to a drumroll from boys banging on steel garbage cans, past security guards in Hawaiian shirts and women dancing to salsa music, to make the case for his wife, Sen. Hillary Rodham Clinton.

It may have been the first U.S. presidential campaign rally in Puerto Rican history, but more are sure to follow. On June 1, the U.S. commonwealth will hold a Democratic primary that will help determine 63 delegates — more than the number awarded to 24 of the 50 states. About 2.5 million voters are eligible to participate in the primary, and both Hillary Clinton and her Democratic challenger, Sen. Barack Obama, are expected to visit the island to woo them.

The 4 million residents of Puerto Rico are not allowed to participate in the general election, so they plan to press their issues during their brief turn in the national spotlight. They want better health care, higher wages and a final determination of their murky status with the United States.

Most of all, they want to inject themselves into the national conversation — a process that started with Bill Clinton traveling Monday to five events across the island. He never came here as president — no U.S. president has visited in 45 years — but he spoke Monday as though he may be back soon.

“You might actually determine this election,” he told the crowd in Barceloneta. “If you vote for [Hillary] and give her a big margin, she’ll be the nominee and she will always honor your support.”

But on Monday, the culture gap between Clinton and Puerto Ricans, who were granted U.S. citizenship in 1917, sometimes seemed insurmountable. When Clinton walked into the rally in Barceloneta, he sat on a stage and listened as four local politicians introduced him in Spanish. One introducer, among 18 local politicians at the event, turned away from the microphone and looked back at Clinton, eager to interpret for him.

“When I say ‘presidente,’ ” the mayor said, “that means I’m talking about you.”

Clinton flashed a thumbs-up and smiled wanly, but he looked distracted during the Spanish speeches. Then he walked to the microphone, shielding his eyes against the 90-degree sun. He rattled off a thank-you list of Spanish names and mispronounced two of them.

As about 1,000 people crowded under white awnings to escape the heat, Clinton proceeded to give a jargon-heavy speech in English about health care and energy efficiency. Nobody interpreted, and only a handful of audience members seemed to understand him. The crowd — raucous and dancing a few minutes earlier — remained mostly silent during the 10-minute speech. Some people left. Others chatted on their cellphones.

“What is he saying? Do we clap now?” asked Jerry Nieves Rosario, a college student who speaks only Spanish. “If I had known about this, maybe I would have stayed home.”

Anticipating that kind of reaction, local advisers spent the past week offering Hillary Clinton’s campaign a crash course in Puerto Rican politics. More than 80 percent of registered voters usually turn out for local elections here, and big political rallies held in stadium parking lots routinely attract more than 130,000, local politicians said. During mayoral campaigns, candidates often walk door to door while carrying boomboxes, dancing to music while meeting voters.

Politics is often referred to as the “national sport” in Puerto Rico — one that is played by three main teams. There are those who want the island to become a U.S. state, those who want it to become an independent country and those who support it staying a commonwealth. Clinton and Obama both hope to cater to all three with a neutral position: the promise of a status resolution, based on Puerto Rico’s preference.

Each candidate recently released a policy letter about Puerto Rico, and local politicians have spent weeks dissecting them to determine a preference. Clinton’s letter was three pages long; Obama’s was one. Clinton, by promising a status resolution by the end of her first term, became the popular choice for statehood supporters. Obama, by saying he would consider all three possibilities, tends to be popular among those who like being a commonwealth.

“If a candidate just picked one status option or the other it would be too dangerous, because you alienate half of the voters,” said Kenneth McClintock, president of the Puerto Rican Senate and a superdelegate who supports Clinton. “They both want statehooders and commonwealthers. They need both.

“There’s going to be a lot of questions about the policies there. Puerto Ricans are smart voters. You can’t talk down to us. We know how democracy works. We do it better than you do, so you should follow our lead.”

For Bill Clinton’s visit, the campaign mostly acquiesced to the Puerto Rican model. He packed seven events, five of them public, into 30 hours on the island. Disc jockeys played at most of the venues. Dozens of local politicians made introductory speeches. On his right wrist, Clinton wore a woven friendship bracelet.

By arriving in Puerto Rico before Obama, the Clinton campaign hoped to solidify an already-strong advantage here. Clinton represents more Puerto Ricans as a senator from New York than any other stateside politician, and Spanish-speaking voters in Texas and California voted overwhelmingly for her. Obama’s campaign, meanwhile, has yet to recover from the indictment last month of Gov. Anibal Acevedo Vilá, his most prominent Puerto Rican supporter.

“With a few good Clinton events, some more local press, this thing could be pretty much locked up,” said Francisco Domenech, a Puerto Rican superdelegate who supports Clinton.

Domenech and other local Clinton organizers urged Bill Clinton to loosen up during his time on the island. Domenech described the mainland campaign tradition of a staid, 1970s classic-rock music introduction followed by a halting campaign speech as a recipe that is “just too tired and boring compared to things here.” McClintock, the Senate president, told the Clinton campaign how one U.S. politician managed to thrive in Puerto Rico: Appearing at a fundraiser for McClintock in San Juan, the late senator Paul Simon persuaded his wife to dance the macarena.

Barceloneta set the stage for that kind of party. Two local bands alternated songs while hundreds of Puerto Ricans clapped to the beat. The stage became a makeshift dance floor, with dozens of couples twirling in the heat.

Then Bill Clinton entered through a side door, glasses low on his nose, and the festivities abruptly stopped.

“You have to be ready to adapt to some craziness over here,” McClintock said. “It’s a different political world, and everybody is finally going to see it.”

Published in: on at 9:44 am Comments (0)

CE Week #10: “Top Clinton Aide Leaving His Post Under Pressure”

April 7, 2008

By JOHN M. BRODER

ALBUQUERQUE — Mark Penn, the pollster who has advised Bill and Hillary Clinton since 1996, stepped down under pressure on Sunday as the chief political strategist for Mrs. Clinton’s struggling presidential campaign after his private business arrangements again clashed with her campaign positions.

Mr. Penn, who was widely disliked by Mrs. Clinton’s fiercest loyalists and had bitterly feuded with many of them, sealed his fate last week by meeting with officials from Colombia, which hired him to help secure passage of a bilateral trade treaty with the United States that Mrs. Clinton, a senator from New York, opposes.

Mr. Penn met with the Colombians in his role as chief executive of Burson-Marsteller, a global public relations firm. He has refused to sever his ties to the company, which also represented Countrywide Financial, the nation’s largest mortgage lender, and through a subsidiary represented Blackwater Worldwide, the military contractor blamed for numerous civilian deaths in Iraq.

Mr. Penn’s shift — he will continue to do some polling — is the latest upheaval in a campaign that has seen its manager replaced, faced critical money shortages and has often lagged behind Senator Barack Obama of Illinois in a cohesive message and ground strategy. The move comes at a crucial juncture, just two weeks before the Pennsylvania primary on April 22, which Mrs. Clinton needs to win to keep hope of her nomination alive.

Mr. Penn’s work on the trade treaty with Colombia threatened to undercut Mrs. Clinton’s support among the blue-collar voters who are a crucial part of her base, as well as call into question the sincerity of her populist economic message.

A statement from Maggie Williams, the campaign manager, and comments from aides suggested that Mr. Penn voluntarily stepped aside, but other knowledgeable aides said that Mrs. Clinton was furious when she learned of the Colombia talks and insisted on Mr. Penn’s demotion. Mr. Clinton concurred in that judgment, aides said.

The Clinton campaign declined to make Mr. Penn available for comment. On Friday he apologized to the campaign for taking on the Colombian contract.

For months, many have wondered why Mrs. Clinton had protected the gruff, rumpled strategist. Many rivals within the campaign held Mr. Penn responsible for the flawed electoral strategy that is considered partly to blame for Mrs. Clinton’s difficult political position, trailing Mr. Obama by more than a hundred delegates and facing a very narrow path to winning the Democratic nomination.

Early on, Mr. Penn also resisted efforts to humanize Mrs. Clinton, insisting that her personality was not a detriment and that voters would be drawn to her experience and presumed competence. He repeatedly pointed to polling data to support his position, leading to battles with other aides who later said it was the glimpses of vulnerability and humanity seen after her loss in Iowa that enabled her to rebound.

In a terse statement Sunday evening, Ms. Williams, the campaign manager, said, “After the events of the last few days, Mark Penn has asked to give up his role as chief strategist of the Clinton campaign.”

His polling firm, Penn, Schoen and Berland Associates, will continue to provide polling and advice to the campaign, the statement said. Geoff Garin, who has been conducting polling for the campaign and will continue to provide data, and Howard Wolfson, Mrs. Clinton’s longtime communications director, will coordinate the campaign’s strategic message from now on, the statement added.

Mr. Penn’s departure as chief adviser could have an effect on Mrs. Clinton’s message during the remaining contests. His strategy — emphasizing Mrs. Clinton’s strength and experience — has been controversial for months. Critics have complained that his approach allowed Mr. Obama to seize the larger theme of change that has come to define the 2008 election.

As the former first lady’s initial approach failed to blunt Mr. Obama’s rise, Mr. Penn increasingly favored tougher attacks; some colleagues argued internally that they would be counterproductive.

Mr. Garin, who advised Mrs. Clinton’s winning campaign for a Senate seat in 2000 and only recently joined her presidential bid, has argued throughout the primaries that her route to victory lies less in assailing Mr. Obama than in buttressing her own image as a leader who could connect with average Americans and improve their lives.

Mr. Penn’s decision to meet last Monday with Colombia’s ambassador to the United States in his role as head of Burson-Marsteller put Mrs. Clinton in a precarious political position as she tries to convince Pennsylvania voters that she is the best candidate to address their concerns about jobs and the economy. Many voters in Pennsylvania, like in Ohio, which Mrs. Clinton won, blame trade agreements for the hemorrhaging of jobs that has left areas like Scranton with high unemployment rates and a preponderance of lower paying jobs.

The Colombian government hired the Burson-Marsteller firm last year under a $300,000 one-year contract to help secure passage of a bilateral trade treaty with the United States. Mrs. Clinton, like many Democrats, has opposed the deal, saying it is unfavorable to American workers.

On Saturday, the Colombian government fired Mr. Penn’s firm, saying his efforts to distance himself from them were an insult.

There has been a long history of resentment toward Mr. Penn within the Clinton campaign because of the feeling that he was letting his business interests trump the interests of the campaign. People from the beginning have questioned why he had not recused himself from his role at Burson-Marsteller.

Although the end of the primary season is drawing near, campaign aides said Mr. Penn’s demotion would change the internal dynamics of the Clinton camp, with a more collegial atmosphere replacing the first-among-equals structure Mr. Penn created around himself.

Mr. Penn worked his way into the Clintons’ favor during President Clinton’s 1996 re-election campaign. He provided the polling used by Dick Morris, then an influential adviser to Mr. Clinton, to create Mr. Clinton’s small-bore campaign strategy, much of it aimed at wooing so-called soccer moms with positions like support for school uniforms and for the V-chip to monitor violence on television.

When Mr. Morris had to quit in 1996 because of his association with a call girl, Mr. Clinton’s campaign went on “seamlessly,” Mrs. Clinton wrote in her memoir, “because Mark Penn continued to offer the thoughtful research and analysis.” He remained for the second Clinton term and through Mr. Clinton’s impeachment trial, demonstrating, among other things, one of the virtues that the Clintons prized most: loyalty.

In 2000, Mr. Clinton’s vice president, Al Gore, initially considered hiring Mr. Penn for his presidential campaign, but he decided Mr. Penn was too devoted to the Clintons to offer him objective advice. Mrs. Clinton, who described him in her memoir as brilliant and intense, shrewd and insightful, hired him for her first run at the Senate.

Mr. Penn and his business partner, Doug Schoen, began their polling firm in 1977 when they worked for Edward I. Koch’s campaign for mayor of New York. They went on to become deeply involved in campaigns for politicians in other countries, including Menachem Begin in Israel in 1981. He also advised David N. Dinkins in 1989 in his successful New York mayoral race over Rudolph W. Giuliani.

Mr. Penn advocated that Democrats did best when they campaigned from the center, although this did not always sit well with others in the party. His clients have included the Democratic Leadership Council and Senator Joseph I. Lieberman of Connecticut, defeated in his Democratic primary and now an independent.

Mr. Penn described his philosophy in his book, “Microtrends,” published last year. Because of “niching,” he wrote, “there is no one America anymore” but “hundreds of Americas.” His extensive polling led him to believe that “Americans overwhelmingly favor small, reasonable ideas over big, grandiose schemes.”

Mrs. Clinton has not spoken to reporters since the news of Mr. Penn’s meeting with the Colombian officials broke at the end of last week. In several public appearances this weekend, she gave no indication of anger or a pending shake-up in her campaign. But at a rally on Sunday morning in Missoula, Mont., she said the contest with Mr. Obama was still very close and predicted many “twists and turns” before it was resolved.

Katharine Q. Seelye contributed reporting from New York, John Harwood from Washington and Adam Nagourney from Santa Monica, Calif.

Published in: on April 7, 2008 at 7:33 am Comments (0)

CE Week #10: “‘American’ becomes a loaded term”

By Chuck Raasch:
Gannett News Service
April 5, 2008

“The American president Americans have been waiting for” would seem to be a noncontroversial claim for John McCain, or any candidate. But left-wingers didn’t see it that way, and therein lies a fundamental difference between Democrats, who tend to intellectualize elections, and Republicans, who like to emotionalize them.

This difference is a big reason Republicans have won seven of the last 10 presidential elections. It also helps explain why Barack Obama has done so well in the Democratic primaries in 2008.

The Democrats who have won the presidency since World War II have fundamentally understood that Americans feel at least as much as they think when they choose presidents.

“I feel your pain,” Bill Clinton famously said, before he became the angry spouse of candidate Hillary Rodham Clinton. Obama’s “change we can believe in” speaks directly to the anxiety and anger over the partisan divides of the last 20 years.

But left-wing bloggers and commentators saw conspiracy in the redundancy of McCain’s first television advertisement of the general election campaign. The critics saw “American president” as a diabolically disguised attack on the race and loyalty of Democrat Obama.

The blog for the liberal magazine and Web site Mother Jones said McCain had launched a “vulgar and creepy” attack by implying Obama “is not quite American and that he is not interested in protecting our country.”

All from one word.

As the son of a woman from Kansas and man from Kenya who spent part of his childhood overseas, Obama has been the subject of vicious but baseless Internet claims about his upbringing and loyalties. The sensitivity for any perceived slight on Obama’s character or patriotism is pretty high on the left. And the Republicans often play superpatriots in ways that imply the other side isn’t.

Reagan’s “Morning in America,” his campaign theme from 1984, brilliantly played off innate American optimism but came in a campaign in which Walter Mondale was portrayed as offering the nightmare of higher taxes and bigger government.

Bush 41 — the father of the current president – campaigned in an American flag factory and accused his rival, Michael Dukakis, of being a “card-carrying member of the ACLU,” an implication that maybe Dukakis was not American enough. Democrats from that era still seethe at the claim.

But McCain’s inner circle was amazed and amused at how quickly the left turned “American” into a pejorative. One senior adviser even pointed out that there was a movie called “The American President,” which, ironically, portrayed Michael Douglas as a liberal do-gooder, and was made in the middle of the Clinton presidency.

To the McCain crowd, the proper response would have been, “The Democrats have got the American president the American people are waiting for.” Instead, the left again sought victimhood, and assigned it to the man who may be the Democrats’ standard-bearer in 2008.

Most Americans will not get too worked up over a redundant use of the word “American” by a man who spent five and a half years in a North Vietnamese prisoner of war camp. Most Americans will not think any differently of Obama on a subliminal or any other level of consciousness as a result of this ad.

The irony is that Obama and his advisers seemed to get the point. While some on the left flamed out over McCain’s alleged overuse of “American,” Obama went bowling, the game of strikes and spares and names stitched on shirts.

That Obama rolled a paltry 37 might not win many votes in the Thursday night league crowd in Pennsylvania, where he is trying to close poll gaps with Clinton before that state’s April 22 primary. But getting out there on the lanes, in a real place where average Americans play, said more about Obama than a blizzard of blogposts on the word “American.”

Not many things say “America” like bowling. In fact, you might say it’s the All-American sport.

Published in: on April 6, 2008 at 7:54 am Comments (2)

CE Week #10: “Clintons disclose family income”

In eight years, they’ve earned $109 million

Matthew Mosk, James V. Grimaldi and Joe Stephens
Washington Post
April 5, 2008

In the past eight years, Bill and Hillary Clinton earned a combined $109 million, with the former president collecting nearly half of that money as a speaker hired at times by companies that have been among his wife’s most generous political supporters.

After leaving the White House, the Clintons earned $30 million from their best-selling books and brought in as much as $15 million more through an investment partnership with one of her top presidential campaign fundraisers, California billionaire Ronald Burkle. The disclosures came with Friday’s long-awaited release of the Clintons’ joint tax returns, a move made in the thick of Sen. Clinton’s fight with Sen. Barack Obama of Illinois for the Democratic nomination.

The New York Democrat initially resisted making her family’s finances public, but pressure on her to match Obama’s disclosure grew in February when she disclosed that she had dipped into her personal account to lend her campaign $5 million.

The tax returns illustrate the rags-to-riches story of a couple who came to the White House from Arkansas with modest means and left facing an estimated $12 million in legal debts rung up during investigations of the Whitewater land deal, campaign fundraising and the Monica Lewinsky scandal. As she entered the Senate and he left the political spotlight, the Clintons transformed themselves into a successful global brand.

“We’ve come a long way from Harry Truman,” said Leon Panetta, a Clinton administration official who now directs the Panetta Institute for Public Policy, referring to the “man from Missouri” who left the presidency to live a modest lifestyle in his home state.

“In many ways, it is becoming the American story. A lot of people who have devoted their lives to public service, who lived hand-to-mouth during months of public service, are suddenly able, after public life, to find some rewards.”

The Clintons paid $33 million in federal taxes during the eight-year period and donated $10 million to charity, said Jay Carson, a Clinton campaign spokesman.

A common thread running through the couple’s personal finances is the presence of many of the same figures who helped bankroll the presidential campaigns of Bill Clinton, and now that of his wife.

Major donors to both Clintons’ White House bids hired the former president as a consultant, joined him in lucrative investment ventures and paid him six-figure sums to speak at corporate gatherings.

In 2005, Bill Clinton averaged almost a speech a day – 352 for the year – though only about 20 percent were for personal income. On one day in Canada, he made $475,000 for two speeches, more than double his annual salary as president.

The considerable crossover between the couple’s decades of political fundraising and their personal profit also extended at times to the former president’s charity work and his presidential library, though many records related to those remain secret. What is clear is that numerous financial patrons – individuals as well as large corporations – repeatedly emerge in the Clintons’ circle.

Chief among them is Burkle, the founder of the Yucaipa investment firm, who not only has provided Bill Clinton with a hefty source of income during his post-presidency but also ranks as one of Sen. Clinton’s “Hillraisers,” a title given to those who raise more than $100,000 for her presidential bid.

Burkle has held fundraisers for her at his Beverly Hills estate, and also made six-figure donations to independent political groups, such as Emily’s List, that are supporting her.

The tax returns show Bill Clinton’s partnership with Burkle, at various arms of his Yucaipa firm, yielding in excess of $1 million a year, starting in 2003. In 2005, Clinton collected $5 million from those investments, and more than $2.5 million in each of the past two years. The former president served as a senior adviser to the private firm, helping Burkle land investors and identify business opportunities. The Wall Street Journal reported that Clinton started to unwind the relationship earlier this year and could ultimately receive a payout worth about $20 million.

Should Sen. Clinton reach the White House, her husband’s ability to continue to tap many of these income sources will be severely limited. From a legal standpoint, accepting money from any company that is regulated by the federal government could create problems, said Robert Kelner, an ethics specialist with the D.C. law firm Covington & Burling.

The tangle of relationships would make it “very complicated,” he said. “I would say it’s largely a question of appearances, public relations and politics, and less a matter of Hillary Clinton actually suffering any legal liability because of his action.”

Published in: on April 5, 2008 at 7:20 am Comments (1)

CE Week #10: “GOP taking up primary reform”

Carl P. Leubsdorf
Dallas Morning News
April 4, 2008

Republicans think their nominating race ended too quickly. Democrats fear theirs may go on forever. And though the public likes the probable presidential nominees, polls show widespread dissatisfaction with the system.

“Everyone thinks this year is a mess,” says Curtis Gans, who heads American University’s Center for the Study of the American Electorate.

Now, after years of talk, GOP rules experts may finally be on the verge of making big changes in the nominating system for 2012.

Starting Wednesday near Albuquerque, the 56-member Rules Committee of the Republican National Committee will consider several rival plans in the most serious effort in years to overhaul the current system of primaries and caucuses.

“We have a good chance of coming up with a plan which will receive majority support,” said Bob Bennett, Ohio’s longtime Republican chairman and author of one proposal. “But I have no idea what that plan will be.”

If the panel agrees, and the national committee goes along, the proposal would go before September’s Republican National Convention in St. Paul, Minn. And if the GOP votes for changes, the Democrats will be under pressure to go along when they consider their 2012 rules after the 2008 election.

Aiding the current effort is the fact that, unlike when changes were sought in 2000, the GOP’s prospective presidential nominee has stayed out of the discussion.

John McCain’s strategists “want something that’s reasonable and fair,” said Bill Crocker, the Texas Republican national committeeman and author of one of the plans. “Beyond that, they have not evidenced any interest in influencing it.”

In 2000, GOP officials pushed a plan to give preference to small states and delay primaries in the bigger ones. Opposition from George W. Bush and his political strategist, Karl Rove, was widely credited with killing that idea.

The irony is that the new effort is taking place in a year in which Democratic participation is at an all-time high and most states are playing a part in their nominating process.

But the GOP contest followed the recent pattern: McCain emerged as the front-runner after the Iowa caucuses and New Hampshire primary and wrapped up the nomination less than a month later.

“Even though our situation was as competitive as we’ve had for some time, it was only 35 days,” said Tom Sansonetti of Wyoming, a former GOP Rules Committee chairman.

Said Crocker: “Everybody thinks the primary process was a train wreck and not fair to anyone.”

The most likely plan is a modified version of the “Delaware plan,” which the panel pushed in 2000. It would begin with the smallest states and delay primaries in the bigger ones, including Texas, thus ensuring an extended race.

Another plan would adopt a proposal by the nation’s secretaries of states for rotating regional primaries. Crocker’s plan would divide the states in a more random order. Mr. Bennett has proposed an amalgam of several proposals.

One perennial sticking point is whether to keep Iowa and New Hampshire at the head of the calendar.

“I don’t think they’re valid statistical samples of anything,” said Crocker, an Austin lawyer. But Bennett would start with Iowa, New Hampshire, South Carolina and Nevada and then have primaries or caucuses in 15 small states before moving to the others.

“You should have a place where retail politics should mean something,” he said. “You’re not going to do that in a state like Ohio or Texas, where it becomes a media campaign.”

One factor spurring action is the fear that, without changes, the pressure that prompted some 23 states to schedule primaries or caucuses on Feb. 5 this year will spread in 2012.

“You will have a national primary,” Bennett said.

Reform foes note that the party that picks a nominee soonest is more likely to win the fall election. But others believe the GOP would benefit from a system that gives a role to more voters in more states.

CE Week #10: “81% in Poll Say Nation Is on the Wrong Track”

April 4, 2008

By DAVID LEONHARDT and MARJORIE CONNELLY

Americans are more dissatisfied with the country’s direction than at any time since the New York Times/CBS News poll began asking about the subject in the early 1990s, according to the latest poll.

In the poll, 81 percent of respondents said they believed “things have pretty seriously gotten off on the wrong track,” up from 69 percent a year ago and 35 percent in early 2002.

Although the public mood has been darkening since the early days of the war in Iraq, it has taken a new turn for the worse in the last few months, as the economy has seemed to slip into recession. There is now nearly a national consensus that the country faces significant problems.

A majority of nearly every demographic and political group — Democrats and Republicans, men and women, residents of cities and rural areas, college graduates and those who finished only high school — say the United States is headed in the wrong direction. Seventy-eight percent of respondents said the country was worse off than five years ago; just 4 percent said it was better off.

The dissatisfaction is especially striking because public opinion usually hits its low point only in the months and years after an economic downturn, not at the beginning of one. Today, however, Americans report being deeply worried about the country even though many say their own personal finances are still in fairly good shape.

Only 21 percent of respondents said the overall economy was in good condition, the lowest such number since late 1992, when the recession that began in the summer of 1990 had already been over for more than a year. In the latest poll, two in three people said they believed the economy was in recession today.

The unhappiness presents clear risks for Republicans in this year’s elections, given the continued unpopularity of President Bush. Twenty-eight percent of respondents said they approved of the job he was doing, a number that has barely changed since last summer. But Democrats, who have controlled the House and Senate since last year, also face the risk that unhappy voters will punish Congressional incumbents.

Mr. Bush and leaders of both parties on Capitol Hill have moved in recent weeks to react to the economic slowdown, first by passing a stimulus bill that will send checks of up to $1,200 to many couples this spring. They are now negotiating over proposals to overhaul financial regulations, blunt the effects of a likely wave of home foreclosures and otherwise respond to the real estate slump and related crisis on Wall Street.

The poll found that Americans blame government officials for the crisis more than banks or home buyers and other borrowers. Forty percent of respondents said regulators were mostly to blame, while 28 percent named lenders and 14 percent named borrowers.

In assessing possible responses to the mortgage crisis, Americans displayed a populist streak, favoring help for individuals but not for financial institutions. A clear majority said they did not want the government to lend a hand to banks, even if the measures would help limit the depth of a recession.

“What I learned from economics is that the market is not always going to be a happy place,” Sandi Heller, who works at the University of Colorado and is also studying for a master’s degree in business there, said in a follow-up interview. If the government steps in to help out, said Ms. Heller, 43, it could encourage banks to take more foolish risks.

“There are a million and one better ways for the government to spend that money,” she said.

Respondents were considerably more open to government help for home owners at risk of foreclosure. Fifty-three percent said they believed the government should help those whose interest rates were rising, while 41 percent said they opposed such a move.

The nationwide telephone survey of 1,368 adults was conducted from March 28 to April 2. The margin of sampling error was plus or minus 3 percentage points.

When the presidential campaign began last year, the war in Iraq and terrorism easily topped Americans’ list of concerns. Almost 30 percent of people in a December poll said that one of those issues was the country’s most pressing problem. About half as many named the economy or jobs.

But the issues have switched places in just a few months’ time. In the latest poll, 17 percent named terrorism or the war, while 37 percent named the economy or the job market. When looking at the current state of their own finances, Americans remain relatively sanguine. More than 70 percent said their financial situation was fairly good or very good, a number that has dropped only modestly since 2006.

Yet many say they are merely managing to stay in place, rather than get ahead. This view is consistent with the income statistics of the past five years, which suggest that median household income has still not returned to the inflation-adjusted peak it hit in 1999. Since the Census Bureau began keeping records in the 1960s, there has never been an extended economic expansion that ended without setting a new record for household income.

Economists cite a variety of factors for the sluggish income growth, including technology and globalization, and it clearly seems to have made Americans anxious about the future. Fewer than half of parents — 46 percent — said they expected their children to enjoy a better standard of living than they themselves do, down from 56 percent in 2005.

Respondents were more pessimistic when asked in general terms about the next generation, with only a third saying it would live better than people do today. (Polls usually find people more upbeat about their personal situation than about the state of society, but the gap is now larger than usual.)

Charles Parrish, a 56-year-old retired fireman in Evans, Ga., who now works a maintenance job for the local school system, said he was worried the country was not preparing children for the high-technology economy of the future. Instead, the government passed a stimulus package that simply sends checks to taxpayers and worsens the deficit in the process.

“Who’s going to pay back the money?” Mr. Parrish, an independent, said. “We are. They are giving me money, except I’m going to have to pay interest on it.”

Democrats have asserted recently that the lack of wage growth has made people more open to government intervention in the economy than in the past, and the poll found mixed results on this score.

Fifty-eight percent of respondents said they would support raising taxes on households making more than $250,000 to pay for tax cuts or government programs for people making less than that amount. Only 38 percent called it a bad idea. Both Senator Hillary Rodham Clinton and Senator Barack Obama, the Democratic presidential candidates, have made proposals along these lines.

More broadly, 43 percent of those surveyed said they would prefer a larger government that provided more services, which is tied for the highest such number since The Times and CBS News began asking the question in 1991. But an identical 43 percent said they wanted a smaller government that provided fewer services.

And although both Mrs. Clinton and Mr. Obama have blamed trade with other countries for some of the economy’s problems, Americans say they continue to favor trade — if not quite as strongly as in the past. Fifty-eight percent called it good for the economy; 32 percent called it bad, up from 17 percent in 1996.

At the same time, 68 percent said they favored trade restrictions to protect domestic industries, instead of allowing unrestrained trade. In early 1996, 55 percent favored such restrictions.

Dalia Sussman and Marina Stefan contributed reporting.

Published in: on April 4, 2008 at 8:54 am Comments (0)

CE Week #10: “Clinton Camp Feels Spent, and Outspent”

By Matthew Mosk
Washington Post Staff Writer
Friday, April 4, 2008; A06

Sen. Hillary Rodham Clinton spent a second straight day holding fundraisers in California yesterday as part of an all-out effort to keep pace with the record amounts of money raised by Sen. Barack Obama, whose campaign announced that it pulled in $40 million in March, double Clinton’s $20 million take.

While her Democratic presidential rival took the day off in Chicago, Clinton held two fundraisers in Los Angeles and planned to raise money in New Mexico this weekend. She will leave the campaign trail on Wednesday to attend an Elton John concert in New York organized with a goal to raise $2 million.

In an attempt to further tap the online donor market that has largely funded Obama’s effort, Clinton plans to launch a new Internet program today that lets supporters choose where their money will go, much as wedding guests select gifts from a registry. Instead of china and crystal, users can purchase campaign signs, van rentals, airtime on radio stations and doorknob advertisements.

Even Clinton’s most energetic boosters expressed exhaustion by the call to raise more money. “I’ll tell you, after a year of doing this, it’s like asking me to run a half-marathon after I’ve run a marathon,” said Mark A. Aronchick, a co-chairman of Clinton’s Pennsylvania campaign, who is organizing five fundraisers over the next eight days.

Clinton, too, had a hint of resignation in her answer to reporters asking whether she is now being outspent “two to one” by Obama. “Sometimes three to one, four to one, five to one,” she said with a laugh. “I’m getting used to being outspent.”

Obama’s immense cash flow — he has raised more than $240 million to Clinton’s $175 million — allows him to compete as aggressively in the final primary contests as he did in the early days of the race. He is vastly outspending Clinton in Pennsylvania, with $3 million in television and radio ads, including a Spanish-language TV ad airing in the Philadelphia area, compared with an estimated $500,000 that Clinton is spending in the state, which will hold its primary on April 22.

In North Carolina, which will vote on May 6, the Obama campaign has opened 16 offices, including ones in smaller locales such as Hickory, Elizabeth City and Boone. Obama is spending $800,000 on the airwaves, and his team is making a strong push to register voters, with 22 training and local outreach sessions scheduled for yesterday alone.

In Indiana, which will also hold its primary on May 6, Obama has spent $1 million on television ads that have been airing for more than a week, and the campaign opened its 17th office there yesterday. Clinton has 12 offices in the state.

The Clinton team has not run a television ad in Indiana; it began running its first ad in North Carolina yesterday.

Obama’s heavy investment in field offices, phone banks and other or ganizational efforts probably is where his financial edge will be most significant, said Michael Feldman, a former adviser to Al Gore who says he is neutral in the Democratic contest.

“I bet if you scanned the number of campaign field offices they have, in some harder-to-reach places, you’d see that every voter is being pursued vigorously,” he said. “They’ve been able to put a lot of effort into chasing these voters.”

Obama’s ability to capitalize on a sustained wave of online support has enabled him to spend almost all of his time campaigning. Clinton has attended more than a dozen fundraisers since Jan. 1, and her husband, former president Bill Clinton, has appeared at more than 40, while Obama and his wife have attended fewer than 10 during that time.

Sen. Robert P. Casey Jr. (D-Pa.), an Obama supporter, said he was shocked when he learned Obama attended just one fundraiser in February. Casey, by contrast, attended 450 fundraisers during his 2006 Senate campaign. He said a typical day involved three hours of calling donors, followed by as many as three fundraising events per night. “It was pick-and-shovel work, just chipping away.”

Obama spokesman Bill Burton said yesterday that the campaign is “grateful” for the largess and is “using the resources as efficiently as possible.”

Clinton advisers said they think that Obama’s edge on the airwaves in Pennsylvania has been neutralized by extensive media coverage and that the support of key elected leaders, including Pennsylvania Gov. Edward G. Rendell, will help them offset whatever organizational advantages Obama may have.

Clinton is also getting help from the American Federation of Teachers and the women’s political group Emily’s List, which have both spent heavily on mailings and radio ads in recent days. Aronchick said that calls for Clinton to leave the race have boosted her support.

“The suggestions that she should get out and fold it up — I can’t tell you how that whips up energy and passion in people,” he said.

While Obama and Clinton have invested heavily to defeat each other, it is unclear how much money, if any, is being spent on preparations for a general-election contest against Sen. John McCain, the presumptive Republican nominee.

Political strategist Carter Eskew noted that McCain has already begun a series of television ads aimed at defining him as the more experienced and patriotic candidate, much in the way President Bill Clinton used the gap before the GOP nomination was solidified in 1996 to set the tone of the campaign.

“If I were Obama, I would not want to see that happen,” Eskew said. “I would think there are discussions where they are saying, ‘I can’t let this guy have five months of uninterrupted airtime to define himself.’ ”

Staff writers Perry Bacon Jr. and Shailagh Murray contributed to this report.

Published in: on at 8:49 am Comments (0)

SPRING BREAK BLOG: “‘03 interrogation memo details Bush’s position”

Memorandum released

An 81-page memo released Tuesday undergirded some of the highly coercive interrogation techniques employed by the Bush Administration, including extreme temperatures, head-slapping and a type of simulated drowning called waterboarding.

Dan Eggen and Josh White
Washington Post
April 2, 2008

WASHINGTON – The Justice Department sent a legal memorandum to the Pentagon in 2003 asserting that federal laws prohibiting assault, maiming and other crimes did not apply to military interrogators who questioned al-Qaida captives because the president’s ultimate authority as commander in chief overrode such statutes.

The 81-page memo, which was declassified and released publicly Tuesday, argues that poking, slapping or shoving detainees would not give rise to criminal liability. The document also appears to defend the use of mind-altering drugs that do not produce “an extreme effect” calculated to “cause a profound disruption of the senses or personality.”

 

Although the existence of the memo has long been known, its contents have not been previously disclosed. Nine months after it was issued, Justice Department officials told the Defense Department to stop relying on it. But its reasoning provided the legal foundation for the Defense Department’s use of aggressive interrogation practices at a crucial time, as captives poured into military jails from Afghanistan and U.S. forces prepared to invade Iraq.

Sent to the Pentagon’s general counsel on March 14, 2003, by John Yoo, then a deputy in the Justice Department’s Office of Legal Counsel, the memo provides an expansive argument for nearly unfettered presidential power in a time of war. It contends that numerous laws and treaties forbidding torture or cruel treatment should not apply to U.S. interrogations in foreign lands because of the president’s inherent wartime powers.

“If a government defendant were to harm an enemy combatant during an interrogation in a manner that might arguably violate a criminal prohibition, he would be doing so in order to prevent further attacks on the United States by the al Qaeda terrorist network,” Yoo wrote. “In that case, we believe that he could argue that the executive branch’s constitutional authority to protect the nation from attack justified his actions.”

Interrogators who harmed a prisoner would be protected by a “national and international version of the right to self-defense,” Yoo wrote. He also articulated a definition of illegal conduct in interrogations – that it must “shock the conscience” – that the Bush administration advocated for years.

“Whether conduct is conscience-shocking turns in part on whether it is without any justification,” Yoo wrote, explaining, for example, that it would have to be inspired by malice or sadism before it could be prosecuted.

The declassified memo was sent by the Defense and Justice departments late Tuesday to Democrats on Capitol Hill, including Sens. Carl Levin, of Michigan, and Patrick Leahy, of Vermont, who had seen the document in classified form and pushed for its public release.

The document is similar, though much broader, than a notorious memo primarily written by Yoo in August 2002 that narrowly defined what constitutes illegal torture. That document was also later withdrawn.

In his 2007 book, “The Terror Presidency,” Jack Goldsmith, who took over the Office of Legal Counsel after Yoo departed, writes that the two memos stood out” for “the unusual lack of care and sobriety in their legal analysis.”

Among many other problems, Goldsmith wrote, both memos “were wildly broader than was necessary to support what was actually being done.”

The documents are among the Justice Department legal memoranda that undergirded some of the highly coercive interrogation techniques employed by the Bush administration, including extreme temperatures, head-slapping and a type of simulated drowning called waterboarding.

In 2005, in the wake of public controversy over such methods, Congress limited Defense Department officials to interrogation methods listed in the Army’s field manual, which was rewritten to forbid many of the aggressive methods. The CIA was exempted, however, and President Bush vetoed recent legislation that would have applied the same requirements to that agency.

Yoo, now a law professor at the University of California at Berkeley, defended the memo in an e-mail Tuesday, saying the Justice Department altered its legal opinions “for appearances’ sake.” He said his successors “ignored the Department’s long tradition in defending the President’s authority in wartime.”

“Far from inventing some novel interpretation of the Constitution,” Yoo wrote, “our legal advice to the President, in fact, was near boilerplate.”

Yoo’s 2003 memo arrived amid strong Pentagon debate about which interrogation techniques should be allowed and which might lead to legal action.

After a rebellion by military lawyers, then-Defense Secretary Donald Rumsfeld in December 2002 suspended a list of aggressive techniques he had approved, the most extreme of which were used on a single detainee at the military prison at Guantanamo Bay, Cuba. The prisoner was subjected to stress positions, nudity, hooding, exposure to dogs and other aggressive techniques.

Largely because of Yoo’s memo, however, a Pentagon working group in April 2003 endorsed the continued use of extremely aggressive tactics. The top lawyers for each military service, who were largely excluded from the group, did not receive a final copy of Yoo’s March memo and did not know about the group’s final report for more than a year, officials said.

Thomas Romig, who was then the Army’s judge advocate general, said Tuesday after reading the memo that it appears to argue that there are no rules in a time of war, a concept Romig found “downright offensive.”

SPRING BREAK BLOG: “Religious tests inapproprate, but unavoidable in politics”

By Charles C. Haynes
First Amendment Center
April 2, 2008

When we choose a president, should religion matter?

Like it or not, religion matters in presidential politics. But rarely in our history has it mattered so much as it does in the 2008 campaign.

Officially, of course, “no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States” – as set forth in Article VI of the Constitution.

Unofficially, however, voters are free to administer their own religious tests – and that’s exactly what many are doing in this election.

 

Mitt Romney tried to avoid “the speech,” but he was finally compelled to address the Mormon question earlier this year. Although generally well-received by many conservatives, Romney’s speech didn’t appear to budge the significant portion of the electorate who tell pollsters they won’t vote for a Mormon. How much this hurt him in the primaries is debatable, but it clearly didn’t help.

Last week, it was Barack Obama’s turn in the religion hot seat after sound bites from sermons of his longtime pastor, the Rev. Jeremiah Wright, began circulating in the media. It remains to be seen whether Obama succeeds in confronting the volatile topics of race and religion in our society while at the same time distancing himself from Wright’s inflammatory rhetoric about the failures of the American system.

Of course, Romney and Obama aren’t the only candidates to face a religion test. Mike Huckabee, a former Baptist pastor, benefited from the evangelical vote in some states but clearly suffered from being pigeonholed as the “evangelical candidate” in others.

And John McCain has had to distance himself from the anti-Catholic views of Texas televangelist John Hagee after initially embracing Hagee’s endorsement. McCain has also come under fire for his association with the Rev. Rod Parsley, an influential megachurch pastor who calls for a Christian war to destroy the “false religion” of Islam.

None of these religious controversies, however, is as bizarre or disturbing as the Internet-fueled lie that Barack Obama is a secret Muslim. It’s appalling enough that so many people apparently consider it a disqualifying slur to call a candidate a Muslim. But add to the mix the vicious charge that Obama is a Manchurian Muslim candidate – even the Antichrist – and what emerges is a very ugly picture of what religious bigotry looks like when it spins out of control.

Personally, I don’t like religious tests – official or otherwise – because religious affiliation should not determine a person’s qualifications for public office. But having said that, I do think the public has every right to inquire about the religious or philosophical views of candidates in a presidential race. After all, voters want to know the sources of values and convictions that would shape a president’s decisions.

The challenge – especially for the news media – is to get beyond stereotypes about Mormons, evangelicals, Muslims or African-American preachers and provide the context for a fair, informed understanding of the role of faith in a candidate’s life.

Consider the current flap over Wright. Will the debate get stuck in the loop of those incendiary sound bites played endlessly on YouTube? Or will the media and the voters have the patience to put Wright’s sermons – and his church – in context by learning some of the history and experience behind the words? (NPR gets high marks for attempting to do this as soon as the story broke.)

Without some knowledge of the role of the black church in the political and social history of African-Americans, without some exposure to black liberation theology, and without some understanding of how African-Americans often view racism in America, it is difficult, if not impossible, to sort out the meaning of the controversy swirling around Obama’s relationship to Wright.

Understanding doesn’t necessarily translate into support. However well informed, voters may still reject Obama – or any other candidate – and religious affiliation may well be one factor. But at least the “religious test” should be an essay question and not a fill-in-the-blank exercise.

Unofficial religious tests are unlikely to disappear from the political arena. But let’s hope that such tests don’t determine the outcome of the presidential race. The real test should not be religious affiliation, but rather the character and judgment necessary to lead at this difficult time in our history.

Abraham Lincoln, after all, belonged to no church. But his moral compass served the nation well.

SPRING BREAK BLOG: “Get to work on Social Security”

Jack Z. Smith
April 1, 2008

Former House Majority Leader Dick Armey once asked, “If Social Security is such a great program, why is it mandatory?”

Actually, Social Security is a great program precisely because it is mandatory. Ninety-six percent of American workers pay into the system. As a result, Social Security has a strong, steady flow of funding that has made it a tremendous safety net for the nation.

Along with Medicare, Social Security has played a huge role in slashing the poverty rate for the elderly from about 30 percent to less than 10 percent over the last 40 years.

 

This year, almost 50 million Americans will receive $608 billion in Social Security benefits. Nine out of 10 people 65 and older receive the benefits. Among the elderly, 52 percent of married couples and 72 percent of singles receive more than half their income from it.

If Social Security had not been made mandatory, there would be a much higher poverty rate among the elderly today. Many Americans wouldn’t put money into retirement savings unless required to, just as millions of workers today don’t participate in voluntary corporate 401(k) programs despite their attractive features.

The program’s benefits have served as a crucial financial lifeline for several of my relatives, including my maternal grandmother. As a widow in her twilight years, she scraped by with Social Security as her primary source of income.

Social Security has been on my mind because its trustees released their annual report last Tuesday on its projected long-term funding shortfall.

Although the program currently is generating surplus revenues, its cost is projected to exceed incoming revenues by 2017 as more baby boomers hit their rockers. By 2041, the trust funds are projected to be exhausted, leaving incoming payroll tax revenues to pay only 78 percent of benefits.

But if we make some adjustments, the program can be put on a sound financial footing for many decades to come.

That probably will require increasing payroll taxes and some very modest, gradual reductions in benefits. Congress adopted bipartisan Social Security reform legislation 25 years ago and can do so again.

The payroll tax is levied only on the first $102,000 of annual income. That cap could be boosted appreciably, perhaps to $150,000 or $200,000, and indexed to inflation. Even if the cap were $200,000, affluent people earning more than that still would pay a smaller percentage of their income into Social Security than do low- and middle-income workers.

The payroll tax rate, now 12.4 cents per $1 of earnings (half from workers, half from employers), could be raised modestly – perhaps a half-cent.

Some benefit cuts might be made. For example, the age for receiving full retirement benefits might be raised very slightly and very gradually, because people are living longer.

Several million state and local government employees currently not paying into Social Security might be brought into the system, as federal employees were in 1983.

Greater protection should be provided to the trust funds to ensure that Congress and the White House stop (or at least greatly decrease) the shortsighted practice of spending surplus Social Security revenues for other government programs.

President Bush’s departure from the White House in January could ease congressional passage of bipartisan legislation to strengthen and preserve Social Security for future generations. The sooner that strong legislation is adopted, the less severe the remedial measures must be.

If you don’t believe me when I say that this is a worthy program, you might recall Bush’s words on May 15, 2000, in Rancho Cucamonga, Calif., when he was campaigning for president. Social Security, he said, is “the single most successful government program in American history.”