House bites bullet, does the right thing

In the several days late department: Thanks to pressure from Democratic freshmen, the House finally passed its ethics legislation on Thursday, overcoming earlier objections from some senior members.

The new proposals, which in the end passed overwhelmingly, would expand the information available about how business is done on Capitol Hill and make it available online. They would provide expanded, more frequent and Internet-accessible reporting of lobbyist-paid contributions and sponsorships, and would for the first time impose prison terms for criminal rule-breakers. They would also require strict new disclosure of "bundled" campaign contributions that lobbyists collect and pass on to lawmakers' campaigns. Yesterday's legislation passed 396 to 22.

The bundling provision was a big stumbling block, and perhaps the measure's most important aspect. But Democrats jettisoned several other provisions, including a two-year wait before legislators can become lobbyists (the wait currently is one year).

But all in all, the bill greatly improves transparency about money and access, which is the key to any sort of serious reform.

Now that the House and Senate have finally passed their respective ethics measures, they have to reconcile them in conference committee. The next thing to watch for is what gets kept and what gets tossed during those negotiations. Once the final bill emerges and passes, we'll be able to judge precisely how the Democrats fared on this central campaign promise.

ethics, <politics, midtopia

Zoellick named to head World Bank

The speculation is over: President Bush will nominate Robert Zoellick to succeed Paul Wolfowitz as the new head of the World Bank.

A seasoned veteran of politics both inside the Beltway and on the international stage, Zoellick, 53, has a knack for mastering intricate subject matter and translating it into policies. He is known for pulling facts and figures off the top of his head. He also has a reputation for being a demanding boss.

Bush's selection of Zoellick must be approved by the World Bank's 24-member board.

The White House expects Zoellick to gain the board's acceptance. The senior official, who spoke on condition of anonymity in advance of Bush's announcement, said so far other nations have had a positive reaction.

Bush would have been stupid to pick a controversial nominee, and he didn't. Zoellick's got experience and international credentials. He helped push through CAFTA, which might be an issue here at home but doesn't bother other countries too much -- with the exception of health-related groups like the Global AIDS Alliance, which don't like the drug patent protections Zoellick helped negotiate. In fact, he was so noncontroversial that he was the only rumored candidate I failed to discuss in my previous post on potential nominees! (Well, okay, that was just a boneheaded oversight on my part.)

The more interesting question is whether he will try to continue Wolfowitz's anticorruption drive, which (along with his Iraq war baggage) is what generated such antipathy for Wolfowitz. I hope so: Wolfowitz aside, I'd like to see things cleaned up a bit in that regard, as long as moral purity doesn't end up actually hindering the bank's main goal of reducing poverty.

Finally, for those of you who like suspense and intrigue, consider this statement from the World Bank:

The bank's executive directors, in a statement late Tuesday that made no mention of Zoellick by name, said it is essential the next president have a proven track record of leadership, experience managing a large international organization, a willingness to tackle governance reform and political objectivity and independence. While it had been informed that the United States will be nominating a candidate, the board also noted that nominations may be made by any executive director.

Allowing the United States to nominate the head of the World Bank is tradition and good politics, because the United States is the bank's biggest financial backer. But it's not a rule or a right. It would be interesting (though highly unlikely) if the directors decided to reject Zoellick for one of their own. First, it would be intriguing to see who their choice would be. Second, what would Bush's reaction be> Would he accept it if the person chosen is ideologically acceptable? Would he attempt to slash World Bank funding or even withdraw altogether?

That uncertainty -- and the turmoil that would likely ensue -- are the main reason Zoellick or some other U.S. nominee is a safe bet to run the place. It would be indicative of great disrespect for the Bush administration if the Bank decided to flout him.

World Bank, Zoellick, politics, midtopia

A follower, not a leader

Two items that are not a coincidence.

The United States has rejected the latest draft of a G8 plan for reducing greenhouse gas emissions, the blueprint for the successor to the Kyoto Accord, which was never ratified (thanks to U.S. resistance) but was nevertheless adopted as a goal (if not entirely implemented) in Europe.

Germany, backed by Britain and now Japan, has proposed cutting global greenhouse gas emissions by 50 percent by 2050. Chancellor Angela Merkel of Germany, who will be the host of the meeting in the Baltic Sea resort of Heiligendamm next month, has been pushing hard to get the Group of 8 to take significant action on climate change.

It had been a foregone conclusion that the Western European members of the Group of 8 — Germany, Italy, France and Britain — would back the reductions. But on Thursday, Prime Minister Shinzo Abe of Japan threw his lot in with the Europeans...

And thus the United States, the world's largest emitter of greenhouse gases, remains an increasingly isolated outlier among western industrialized nations. The draft will form the basis of discussions at next week's G8 summit, setting up what will likely be an uncomfortable if not embarassing several days for the United States.

While I sympathize with the arguments aginst Kyoto -- that it would harm the economy, that developing giants like India and China are exempt -- such fears always struck me as exaggerated, and in any event didn't justify our replacement policy, which was essentially "do nothing and, maybe, hope that the market takes care of it." Emissions are a problem, and the world's largest emitter has a moral and practical obligation to be a large part of the solution.

Further, issues like greenhouse emissions and oil dependency point up the limits of the market in dealing with large, long-term issues.

Free market theory relies on the efficiency of millions of people making individual decisions, collectively developing efficient systems. The whole idea is to harness economic self-interest for the public good.

But that generally works best for short-term decisions, not long-term ones. Enlightened self-interest might lead a market system to invest in green energy and energy independence, but most self-interest isn't enlightened. Thus alternative energy is not competitive as long as oil remains cheap, and few builders are willing to spend the extra 10 percent up front to build a green building, even if the efficiencies will pay for themselves in a few years. Short term, unenlightened self interest means consumers will take the option that is cheapest at the moment, disregarding both long-term and externalized costs. Car buyers only care that gas is $3 a gallon; they rarely factor in the other costs we incur as a nation and as a society in order to deliver gasoline at that price.

In such situations, the market may work -- but only at the last possible minute and at the highest cost, with maximum dislocation.

Poor political leadership could produce equally bad results, of course. And even if the leadership is competent, our political system is focused on short-term results too, so it works much like the market: putting off the problem until it absolutely has to be addressed.

But the pressure point for politicians often arrives earlier than the same one for the market at large, thanks to pressure from advocacy groups and input, public and private, from long-term thinkers. So when it comes to such big, long-term issues, competent political leadership trumps blind faith in the magic of the market, addressing problems years before they become actual crises, and at lower cost.

Which helps explain my second item, a discussion (now behind the Times Select firewall) of the prevalence and outcome of green construction techniques in Europe and the United States. Thanks to actually attempting to follow Kyoto, Europe (and European architects) are way ahead of the United States in terms of environmentally friendly design. What's more, their innovative use of materials and design mean the green buildings don't have to be self-consciously green and don't have to cost an arm and a leg -- in other words, green is mainstream instead of a "personal virtue."

After more than a decade of tightening guidelines, Europe has made green architecture an everyday reality. In Germany and the Netherlands especially, a new generation of architects has expanded the definition of sustainable design beyond solar panels and sod roofs. As Matthias Sauerbruch put it to me: ''The eco-friendly projects you saw in the 1970s, with solar panels and recycled materials: they were so self-conscious. We call this Birkenstock architecture. Now we don't need to do this anymore. The basic technology is all pretty accepted.''

In the United States, architects cannot make the same claim with equal confidence. Despite the media attention showered on ''green'' issues, the federal government has yet to establish universal efficiency standards for buildings. Yet, according to some estimates, buildings consume nearly as much energy as industry and transportation combined. And the average building in the U.S. uses roughly a third more energy than its German counterpart.

The article also notes a difference in the regulatory environment. The European rules, while strict, are flexible: they care more about the final emissions total than how it is arrived at. In the United States, by contrast, the regulations are more of a checklist: if you have a high-efficiency air conditioner, for example, that's worth so many points. It's so specific and status quo that it has the effect of discouraging innovative technologies because they're not on the list.

So what's driving change in the United States -- and doing so years behind our European counterparts -- are clients. Our system depends on individual builders being interested in green energy and emissions reduction and willing to pay to achieve it. It's piecemeal, and relies on many of the innovations pioneered by Europeans.

I believe in harnessing the power of the free market. But in cases where the basic mechanism of the market -- individual short-term self-interest -- is a hindrance rather than a help, the market needs both help and leadership.

Raising gasoline taxes would both generate money for energy projects -- research or subsidies for alternative energy, for example, or funds to build mass transit -- and help account for the intangible and externalized costs of our dependence on gasoline. Then we could let the market work, as people grappled with the new environment of costly gas. We could lessen the pain without sacrificing much of the effect by raising the tax in installments, giving people a couple of years to adjust.

Mandating reductions in greenhouse gas emissions would do the same thing, producing an altered market that gives such emissions a presence in short-term self-interest calculations. We could then let the market do the rest of the work for us.

Would this destroy our economy? I don't see how. There would be expenses, true, but some of that would be offset by the economic opportunities inherent in a switch to greener living, not to mention the global competitiveness advantages of using less energy. Older, inefficient energy consumers would have trouble. But that "creative destruction" is a central point of market economics. And technologies made viable by the altered energy market would help alleviate yet more of the pain.

Should China and India be included? Sure, eventually. But that's no reason not to act now. If they want to keep destroying their environment, poisoning their population and risking world condemnation in pursuit of cheap energy, let them. They will learn the costs soon enough, and I for one am happy to let China become dependent on oil just as we're weaning ourselves off of it. Maybe then it will be Chinese soldiers dying in quagmires in the Middle East instead of ours.

Or maybe our leadership -- and global diplomatic pressure revolving around Kyoto III or whatever it will be called -- will push them to begin going green, creating a huge market for U.S. companies that developed the green technologies we used to reduce our own consumption.

Let's agree not to commit economic suicide. But let's also agree that it is worse to do nothing at all, that going green brings economic benefits as well as costs, that as the world's biggest emitter we have an obligation to lead, that there is a significant long-term cost to ceding such leadership to others, and that we are wealthy enough as a nation to absorb a certain amount of short-term costs in pursuit of the long-term good.

global warming, environment, politics, midtopia

A small step backward

It's open!

The Creation Museum I wrote about back in August is finally opening its doors.

The Christian creators of the sprawling museum, unveiled on Saturday, hope to draw as many as half a million people each year to their state-of-the-art project, which depicts the Bible's first book, Genesis, as literal truth.

While the $27 million museum near Cincinnati has drawn snickers from media and condemnation from U.S. scientists, those who believe God created the heavens and the Earth in six days about 6,000 years ago say their views are finally being represented.

The funny thing is that their views have always been represented -- they just lose, because not only is there zero evidence to support a 6,000-year-old Earth, but there's mounds of evidence to refute it.

People are free to believe in anything they like. But it's not too smart to believe in easily disprovable things.

I personally think opponents are overreacting:

Scientists, secularists and moderate Christians have pledged to protest the museum's public opening on Monday. An airplane trailing a "Thou Shalt Not Lie" banner buzzed overhead during the museum's opening news conference.

This is like getting worked up about flat-earth theorists. It's just not worth the effort.

Then again:

A Gallup poll last year showed almost half of Americans believe that humans did not evolve but were created by God in their present form within the last 10,000 years.

Three of 10 Republican presidential candidates said in a recent debate that they did not believe in evolution.

We can only hope that the museum loses its shirt, or exists as little more than a kitschy oddity.

evolution, politics, midtopia

30,000

Midtopia had it's 30,000th visitor today, thanks largely to a link from Salon's BlogReport to my rant about gay linguists being drummed out of the military.

The site is averaging nearly 3,000 visitors a month, which breaks down to more than 100 visitors a day during the week (they spiked to nearly 200 on Wednesday) and something less than that on weekends when I don't post.

Some unknown other number of you (thousands, I'm sure....) haunt the site's RSS feeds.

Thanks to everyone who finds my musings worth reading, and make Midtopia part of their day.

politics, midtopia

Heffelfinger blows a gasket

You knew it was coming. Minnesota's former U.S. attorney Tom Heffelfinger -- who resigned while, unbeknownst to him, he was on a list of those that the administration was considering firing -- fired back Thursday after weeks of semisilence.

Heffelfinger, who says he had no idea anyone in Washington was thinking of firing him when he resigned his position as U.S. attorney in February 2006, has gradually become more open about his outrage over the controversy around the firing of U.S. attorneys as his name has been more publicly linked to it.

In remarks to the Bar Association in Minneapolis, he reached a new peak, saying among other things that "something is fundamentally broken within the Department of Justice."

And he read aloud from an e-mail, written by Kyle Sampson, then-chief of staff to Attorney General Alberto Gonzales, to other Justice Department officials under pressure to explain how particular U.S. attorneys had become candidates for dismissal.

Sampson suggested the attorneys on the list -- including Heffelfinger -- "had no federal prosecution experience when they took the job."

This elicited a burst of shocked laughter from the audience, many of whom knew Heffelfinger had been a Hennepin County prosecutor, a federal prosecutor, and had served a previous term as U.S. attorney for Minnesota under the first President Bush before the second President Bush appointed him in 2001.

It's not encouraging that the people in charge of firing decisions were so unaware of his record. It's like it was Amateur Hour in the Justice Department executive offices.

Heffelfinger, Goodling, Gonzales, politics, midtopia

Goodling fallout

Following up on my original post, a couple of items from Monica Goodling's testimony on Wednesday appear destined to cause Alberto Gonzales further trouble.

First, Goodling said that Gonzales talked to her about the prosecutor case.

"It made me a little uncomfortable," Monica Goodling, Gonzales' former White House liaison, said of her conversation with the attorney general just before she took a leave of absence in March. "I just did not know if it was appropriate for us to both be discussing our recollections of what had happened."

Trouble is, Gonzales told Congress that he didn't.

Gonzales told the Senate Judiciary Committee last month that he didn't know the answers to some questions about the firings because he was steering clear of aides — such as Goodling — who were likely to be questioned.

"I haven't talked to witnesses because of the fact that I haven't wanted to interfere with this investigation and department investigations," Gonzales told the panel.

Hmmm....

Perhaps we should give Gonzales the benefit of the doubt on this one and accept the Justice Department explanation: "The attorney general has never attempted to influence or shape the testimony or public statements of any witness in this matter, including Ms. Goodling," said spokesman Brian Roehrkasse. "The statements made by the attorney general during this meeting were intended only to comfort her in a very difficult period of her life."

All well and good, although that's sort of an odd way to comfort someone. And perhaps he shouldn't lie to Congress about it afterward. And then there's the troubling little fact that he has done this repeatedly: Made a claim, been contradicted by the facts, then backpedaled. Once might be forgiven; but three or four times?

Secondly, the Justice Department is broadening its inquiry into Goodling's hiring practices based on her testimony.

The expanded inquiry, conducted by the department's inspector general and its Office of Professional Responsibility, comes after testimony Wednesday by former Gonzales aide Monica M. Goodling.

She told a House committee that she had considered party affiliation in screening applicants to become immigration judges.

Judges on top of career prosecutors. Lovely. But why is this a big deal? We already knew that she admitted "crossing the line."

The difference here is that Goodling says she was authorized to do so in this case.

She cited a conversation she had with another Gonzales aide, D. Kyle Sampson, who said the department's Office of Legal Counsel had declared the practice to be lawful.

The Justice Department denies it.

Justice Department officials said no such opinion existed.

They also denied Goodling's assertion that the hiring of immigration judges had been frozen after the department's civil division raised concerns about using a political litmus test.

We now get to play the "somebody's lying" game. Goodling claims she properly briefed James McNulty before his misleading Congressional testimony; he heatedly denies it.

Now she claims she had authorization to use political criteria in hiring; Justice denies it. In that case they could both be telling the truth, but only if Sampson was either lying or grossly mistaken.

Either way, expect more embarassing headlines for Gonzales.

Goodling, Gonzales, politics, midtopia

Koran wins in court

In a case that has some relevance to the resoundingly ignorant flap over whether Keith Ellison could swear on a Koran, a North Carolina judge has ruled that nonChristians can use their own holy book when called as witnesses in the courtroom.

The decision represents a victory for the American Civil Liberties Union of North Carolina, which sued the state after two Guilford County judges rejected an offer from an Islamic center to provide county courthouses with free copies.

"The highest aim of every legal contest is the search for truth," Wake Superior Court Judge Paul Ridgeway wrote in an 18-page opinion. "To require pious and faithful practitioners of religions other than Christianity to swear oaths in a form other than the form most meaningful to them would thwart the search for the truth.

"It would elevate form over substance."

The legality should have been beyond question; the judge's opinion simply notes the futility of swearing on a book you don't believe in.

Maybe now Prager et al will cease their hyperventilating about this and concede their point was flawed. But I'm not holding my breath.

religion, politics, midtopia

The funny side of dating

Well, it's funny as long as you're not one of these guys.

The site, "I Can't Believe He's Still Single," is a new project of a friend of mine. Check it out. And if you're like me, be glad you haven't had to venture into the dating scene for more than a decade.

humor, politics, midtopia

War bill passed Congress

Congress yesterday passed its deadline-free war bill, and Bush says he'll sign it.

But in a sign of things to come, the vote in the house was 280-142, with only two Republicans voting against -- meaning well more than half the Democratic caucus opposed it. The vote in the Senate was more lopsided, 80-14.

In September, if the surge isn't going well and the Iraqi government is missing benchmarks, look for a sizable number of Republicans to join the bloc opposing additional funding.

But even if they don't, don't expect Bush to get his way the second time around like he did here. If the evidence shows his plan isn't working, Congress will refuse to fund more. They'll do this in one of two ways:

1. Passing a bill with firm deadlines and overriding a Bush veto. They'll do this if they think they have the votes to do so, and will probably try this route first.

2. Simply refusing to take up a bill on additional funding. Bush can't veto a bill that isn't passed, and can't spend money that isn't authorized. In conjunction with such a refusal, Congress could pass a separate bill expressly funding a winddown of the war. This is the ultimate power Democrats have by virtue of their control of Congress, using the gridlocked nature of split government to their advantage.

Of course, a likely scenario is that in September the verdict on Iraq will be muddy, with some signs of progress but nothing decisive and perhaps not commensurate to the effort expended. At which point the debate will rage around whether there has been enough progress of the sustainable kind, that indicates a path upward to stability. A question to which many in Congress and the White House will have preconceived answers. So expect even more fireworks as they vie to frame the issue advantageously to their position.

For now, though, Congress did the right thing.

BTW, Hillary Clinton -- in a transparent bid to court the antiwar vote -- voted against the measure. I have no problem with people opposing the bill on principle, as Barack Obama and John Edwards do, for example. But Clinton has argued against an immediate withdrawal, so the centrist, responsible thing to do would have been to support this bill and renew the argument in September. Instead, she was essentially voting to defund the troops in order to set up a political confrontation with Bush. That's just not cool.

There's also this unflattering admission by the Dems:

After weeks of insisting that the Pentagon could fund the war into July, Democrats abruptly changed their tune yesterday. Murtha said Congress had no choice but to act this week, because the war would run out of funds on Monday. The Defense Department could shift funds around, he said, but such accounting tricks would be a "disaster," Murtha said.

I understand why they made that claim -- to prevent Bush from using the pressing deadline as a negotiating tool while they squabbled over funding, and to strengthen their own hand by making it seem as if they were willing to take more time than Bush to pass a funding measure. But while it might make sense tactically, it's simply dishonest. Politics ain't beanball, but it shouldn't include outright lying.

Of course, the president did do some scaremongering of his own (see bottom of linked post) when he claimed that the funding bill had to be passed in April or the troops would run out of money. But that didn't justify the Democrats making up a lie of their own.

Iraq, politics, midtopia

Strategically stupid

The irrational pursuit of gays in the military continues to lead to the dismissal of some of our most valuable assets in the war on terror.

Lawmakers who say the military has kicked out 58 Arabic linguists because they were gay want the Pentagon to explain how it can afford to let the valuable language specialists go.

Seizing on the latest discharges, involving three specialists, members of the House of Representatives wrote the House Armed Services Committee chairman that the continued loss of such "capable, highly skilled Arabic linguists continues to compromise our national security during time of war."

One sailor discharged in the latest incident, former Petty Officer 2nd Class Stephen Benjamin, said his supervisor tried to keep him on the job, urging him to sign a statement denying that he was gay. He said his lawyer advised him not to sign it, because it could be used against him later if other evidence ever surfaced.

There are some inconsistencies in Benjamin's story. First he says he was "always out" since the day he started working there, and it didn't cause problems. Then later he says he was "discreet" and was surprised when the military investigated him. But that could simply be the difference between not hiding his sexual orientation and openly telling the military he was gay (the "tell" portion of "don't ask, don't tell").

But that's pretty much beside the point. This sort of thing is just plain stupid. The need for trained Arabic speakers vastly outweighs the outdated "morals" concerns about gay soldiers. It is pure bureaucratic bloodymindedness to actively hunt these guys down and discharge them.

Stuff like this only further illustrates the asinine nature of the antigay policy. End it now, before we let it further damage our national security.

gay rights, politics, midtopia

Surge update

As the Iraq war-funding bill comes to the floor of Congress today, a report from Baghdad sheds some gloom on the debate.

More than three months into a U.S.-Iraqi security offensive designed to curtail sectarian violence in Baghdad and other parts of Iraq, Health Ministry statistics show that such killings are rising again.

From the beginning of May until Tuesday, 321 unidentified corpses, many dumped and showing signs of torture and execution, have been found across the Iraqi capital, according to morgue data provided by a Health Ministry official who spoke on condition of anonymity because he was not authorized to release the information. The data showed that the same number of bodies were found in all of January, the month before the launch of the Baghdad security plan.

So they're not just rising -- they're back to where they were before the surge.

They're still below the peak levels hit last year, and a key question is where the killings are occurring. If they're happening in places outside the current "surge" footprint, it has little bearing on whether the surge is working or not. And anyway one isolated datum isn't proof of anything. But it does seem to show that Shiite death squads are still not being meaningfully hindered by either the surge or the Iraqi government.

Iraq, politics, midtopia

Goodling testifies

Monica Goodling is testifying before the Senate about the prosecutor firings, and so far the only really interesting stuff involves herself, Kyle Sampson and former deputy AG Paul McNulty.

The Justice Department's former White House liaison ... blamed Deputy Attorney General Paul McNulty for misleading Congress about the dismissals.

McNulty's explanation, on Feb. 6, "was incomplete or inaccurate in a number of respects," Monica Goodling told a packed House Judiciary Committee inquiry into the firings.

She added: "I believe the deputy was not fully candid."

She also said the list of those to be fired was compiled by Kyle Sampson. It's not clear if that's a contradiction of Alberto Gonzales' recent statement that McNulty was the driving force behind the firings (notwithstanding his even earlier statement that McNulty wasn't really involved). It doesn't have to be: Sampson is generally acknowledged as having been the keeper of the list, even if he wasn't making all the decisions about who should be on it.

As to herself, she denied playing a major role in the firings but admitted she broke the law when she used politics as a criteria for hiring career prosecutors.

She said she never spoke to former White House counsel Harriet Miers or Karl Rove, President Bush's top political adviser, about the firings. But she admitted to have considered applicants for jobs as career prosecutors based on their political loyalties — a violation of federal law.

"I may have gone too far, and I may have taken inappropriate political considerations into account on some occasions," Goodling said. "And I regret those mistakes."

Rep. Bobby Scott, D-Va., hammered Goodling on her decisions to hire prosecutors who favored Republicans.

"Do you believe they were illegal or legal?" Scott asked.

"I don't believe I intended to commit a crime," Goodling, a lawyer, answered.

"Did you break the law? Is it against the law to take those considerations into account?" Scott said.

"I believe I crossed the line, but I didn't mean to," she responded.

More as it develops.

Meanwhile, some prosecutors have detailed the political interference Goodling introduced into the hiring of career prosecutors.

When Jeffrey A. Taylor, interim U.S. attorney for the District of Columbia, wanted to hire a new career prosecutor last fall, he had to run the idea past Monica M. Goodling, then a 33-year-old aide to Attorney General Alberto R. Gonzales.

The candidate was Seth Adam Meinero, a Howard University law school graduate who had worked on civil rights cases at the Environmental Protection Agency and had served as a special assistant prosecutor in Taylor's office.

Goodling stalled the hiring, saying that Meinero was too "liberal" for the nonpolitical position, said according to two sources familiar with the dispute.

The article also appears to dispute her contention that she wasn't heavily involved in the prosecutor brouhaha.

First, she was Justice's White House liaison. It stretches credibility to suggest that the firings would not have been coordinated with the White House through her.

Second, it notes that she played a central role in the appointment of Rove protege Tim Griffin, met with legislators who complained about David Iglesias and blocked the dismissal of a North Carolina prosecutor.

And then there was this:

Before she and Sampson resigned, Goodling wrote a series of memos summing up the longtime U.S. attorneys she helped to fire. She said that Iglesias was "in over his head," that Carol C. Lam of San Diego showed "a failure to perform" and that Arizona's Paul K. Charlton was guilty of "repeated instances of insubordination."

Yet Goodling's final list, assembled as "talking points" for Congress and the media, also noted that nearly every fired prosecutor had received stellar reviews from Justice Department evaluators.

Now perhaps that was part of her job as Justice Department counsel. But it sure doesn't sound like the actions of someone who wasn't up to her eyeballs in the process.

Update: From the LA Times, yet another example of how Goodling's fingerprints are all over the U.S. attorneys -- this time bypassing a state panel in the search for a new prosecutor in Los Angeles.

Goodling, politics, midtopia

Exploding the myth of Muslim silence

That's the purpose of an interesting piece by Stephen Schwartz, author of "The Two Faces of Islam."

In it he argues that the media ignores moderate Muslims while covering the radicals in lavish, horrific detail, painting a distorted picture of the faith. The centerpiece of the article is a deconstruction of coverage of the plot to attack Fort Dix. He notes that the plotters weren't, as first assumed, Kosovo Albanian Muslims. They were, instead, ethnic Albanians from Macedonia who came here as children and were radicalized in Arab-dominated Wahhabi mosques. His point is that the media misses distinctions between different kinds of Muslims, lumping peaceful, moderate Albanians in with violent Wahhabis.

He then cites several examples of Muslim commentary on the case -- all of it condemning the plot -- that he says got scant coverage.

I didn't follow the Fort Dix story closely enough to judge whether he's right on that score, but the piece once again points up the intellectual bankruptcy of those who demand that Muslims "speak out" against terror. Continuing to make that argument ignores several relevant facts:

1. They do. All the time. I've cited multiple examples in the past year.

2. Demands that Muslims take the lead assume that moderate Muslims have some sort of connection to (or influence over) the extremists. What are (for example) American Muslims supposed to do: Call up Al-Qaeda and yell at them? They don't have AQ's number any more than you or I do, nor will their words be heeded any more than yours or mine.

3. Few groups spend a lot of time flagellating themselves for the extremists in their midst.

Let's expand on that last point for a moment because it's an important one, tied in with assumptions about group identity that simply are not true.

The underlying logic of the "Muslims must denounce terrorism" goes as follows: The terrorists are Islamic, and therefore Muslims have a particular duty to denounce Islamic terror.

This is reasonable to an extent: disavowing the nutjobs operating under your banner is sometimes necessary.

But where it goes off the rails is when people demand that every Muslim denounce every act of Islamic terror every time one occurs.

This is ridiculous. Every time a Christian commits murder, are Christians obligated to go on television and state the obvious -- that murder is wrong and the offender doesn't represent Christian views?

Of course not. They can simply state once (or occasionally) that murder is wrong and unChristian. Actually, they don't even have to do that; it's considered obvious that murder is wrong, so they aren't required to say anything. Silence is not assent in such cases.

So why are Muslims treated differently? Because groups are always good at pointing out the mote in other groups' eyes, even while giving their own members the benefit of the doubt. Do conservatives regularly call out nutjob conservatives? No. Liberals do that, and conservatives disavow them if necessary. Do liberals regularly call out liberal nutjobs? No; conservatives do that, and then liberals disavow them if necessary.

In this country, who spends time identifying atheist/agnostic misbehavior? Believers. Who are most likely to point out believer wrongdoing? Atheists/agnostics.

Simply put, groups are horrible at policing their own, because doing so requires admitting some kinship between your own beliefs and those of the nutjobs -- admitting that your beliefs can be twisted to bad ends. No one likes doing that.

Beyond that, when you're in the group you know that the extremists are just that -- extremists, a tiny minority that do not represent the group as a whole. They are shunned, dismissed; psychologically, the majority separates themselves from the whackjobs to the point they no longer feel kinship with them -- and thus no particular responsibility to account for their actions. Hence Christians feel no particular need to respond every time a Christian misbehaves, and Muslims feel no particular need to respond every time a member of some fundamentalist sect detonates a car bomb.

This is especially true when the actions cross national and sectarian boundaries. Demanding that a mainstream American Muslim denounce fundamentalist terrorism is like demanding that Lutherans denounce the actions of Baptists -- or, more aptly, Christian Identity adherents. It's actually even sillier than that, because at least in the example above everyone involved is American. In the case of Islamic terror, we're demanding that American Muslims feel responsibility not just for another sect, but for another country and culture. So it's more like demanding that Lutherans apologize for the atrocities committed by the Lord's Resistance Army.

Now, political reality is a different matter, and not always fair; in this day and age, there is more political need for Muslims to speak out than there is for Christians. But that doesn't make demands that they do so any less illogical. Nor does it justify the assumptions made about them when they fail to speak up in any given instance.

terrorism, religion, politics, midtopia

Bomb threat at Falwell funeral

This is weird, and not just in the obvious ways.

A small group of protesters gathered near the funeral services to criticize the man who mobilized Christian evangelicals and made them a major force in American politics -- often by playing on social prejudices.

A group of students from Falwell's Liberty University staged a counterprotest.

And Campbell County authorities arrested a Liberty University student for having several homemade bombs in his car.

Oh, great. Some left-wing whacko tries to bomb Falwell's funeral.

Huh? What's that?

The student, 19-year-old Mark D. Uhl of Amissville, Va., reportedly told authorities that he was making the bombs to stop protesters from disrupting the funeral service.

Not a left-wing nutjob; a conservative Christian nutjob!

You gotta love the logic required to arrive at the conclusion that setting off bombs is the perfect way to avoid disrupting the service....

The good news is that he was an incompetent dimbulb:

The devices were made of a combination of gasoline and detergent, a law enforcement official told ABC News' Pierre Thomas. They were "slow burn," according to the official, and would not have been very destructive.

But then there's this:

Three other suspects are being sought, one of whom is a soldier from Fort Benning, Ga., and another is a high school student. No information was available on the third suspect.

Great. Additional nutcases still on the loose.

Falwell, politics, midtopia

Busy day tomorrow

Wednesday should have a lot of fireworks, thanks to several big items all landing at the same time:

Looking for Ms. Goodling
An immunized Monica Goodling testifies before the Senate about the prosecutor firings. Source have indicated her testimony won't implicate Alberto Gonzales, but then that's what they said about Kyle Sampson -- and his testimony turned out to be another body blow for the embattled AG.

The problem is that, based on what we already know, Gonzales is either mendacious or incompetent. Goodling's testimony can only show one of three things: that Gonzales was more involved than he has admitted, which means he lied to Congress; that Gonzales was totally uninvolved, which indicts his management ability; and/or that the firings were indeed heavily political, which discredits both his judgement and his truthfulness.

War funding
The newest version of the war-funding bill could hit the floor of Congress, with the possibility that the most antiwar Democrats ultimately will vote against it now that the timetables have been stripped out. There still should be enough votes to pass it (with Republican support), but it raises all sorts of tantalizing possibilities.

One is merely theoretical: contemplate what would happen if the war funding didn't have enough Democratic votes to pass without timetables, and didn't have enough Republican votes to pass with them. What would happen?

The other is more concrete: in order to govern, will Pelosi and Reid find themselves increasingly making common cause with Republicans against the more extreme elements of their own party? And will that work, or simply lead to a fracture in the Democratic ranks?

And consider what a Democratic fracture might mean. With the Republicans themselves fractured (united only by the need to stay relevant by thwarting Democratic moves), Congress could find itself in an unstable situation, where each party's leadership is less relevant and instead ad hoc groups of legislators coalesce around individual issues.

That's not going to happen, of course, at least not to a large degree. Party connections are too ingrained, too convenient, too powerful. And the leadership controls the movement of legislation, so they'll never get too irrelevant (though there was a time when committee chairmen were highly independent and arguably more powerful than the Speaker and her deputies). Still, if two fractured parties mean more individual initiative by Congress members, that would be all to the good in my book.

Anyway, tomorrow should be a fascinating day.

Iraq, Goodling, politics, midtopia

Report: GSA head violated Hatch Act

When last we left Lurita Doan, she was being investigated for (among other things) using her office for improper political purposes, in violation of the Hatch Act.

Now the investigation is over. It's conclusion? She broke the law.

An Office of Special Counsel report has found that General Services Administration chief Lurita Doan violated the Hatch Act, which bars federal officials from partisan political activity while on the job, sources say.

The report addresses a Jan. 26 lunch meeting at GSA headquarters attended by Doan and about 40 political appointees, some of whom participated by videoconference. During the meeting, Scott Jennings, the White House deputy director of political affairs, gave a PowerPoint presentation that included slides listing Democratic and Republican seats the White House viewed as vulnerable in 2008, a map of contested Senate seats and other information on 2008 election strategy.

According to meeting participants, Doan asked after the call how GSA could help “our candidates.”

Now for the bad news:

After Doan responds, the report will be sent to President Bush with recommendations that could include suspension or termination. The president is not required to comply with the suggestions.

Yes, you read that right: punishment is entirely up to the president. This is the Bush administration, so I suppose it's quite possible she won't suffer any adverse effects. But I just can't bring myself to be that cynical. Look for her to resign or be fired sometime in June.

Lurita Doan, politics, midtopia

Dems go with common sense on war funding

On Friday, I laid out what sort of war-funding bill Congress had to assemble.

Now it looks like they're doing exactly that.

In grudging concessions to President Bush, Democrats intend to draft an Iraq war-funding bill without a timeline for the withdrawal of U.S. troops and shorn of billions of dollars in spending on domestic programs, officials said Monday.

The legislation would include the first federal minimum wage increase in more than a decade, a top priority for the Democrats who took control of Congress in January, the officials added.

While details remain subject to change, the measure is designed to close the books by Friday on a bruising veto fight between Bush and the Democratic-controlled Congress over the war. It would provide funds for military operations in Iraq through Sept. 30, the end of the fiscal year.

Good. Get it done, and start preparing for the next round, in September.

Iraq, politics, midtopia

Generals say "no" to torture

If you haven't read this yet, you should. It's written by a pair of retired generals: Charles Krulak (former Marine Corps commandant) and Joseph Hoar (former head of U.S. Central Command).

Fear can be a strong motivator. It led Franklin Roosevelt to intern tens of thousands of innocent U.S. citizens during World War II; it led to Joseph McCarthy's witch hunt, which ruined the lives of hundreds of Americans. And it led the United States to adopt a policy at the highest levels that condoned and even authorized torture of prisoners in our custody.

The observed effect on military morals:

As has happened with every other nation that has tried to engage in a little bit of torture -- only for the toughest cases, only when nothing else works -- the abuse spread like wildfire, and every captured prisoner became the key to defusing a potential ticking time bomb. Our soldiers in Iraq confront real "ticking time bomb" situations every day, in the form of improvised explosive devices, and any degree of "flexibility" about torture at the top drops down the chain of command like a stone -- the rare exception fast becoming the rule.

To understand the impact this has had on the ground, look at the military's mental health assessment report released earlier this month. The study shows a disturbing level of tolerance for abuse of prisoners in some situations. This underscores what we know as military professionals: Complex situational ethics cannot be applied during the stress of combat. The rules must be firm and absolute; if torture is broached as a possibility, it will become a reality.

But even if the use of torture could be strictly controlled, it would hurt our cause:

The torture methods that Tenet defends have nurtured the recuperative power of the enemy. This war will be won or lost not on the battlefield but in the minds of potential supporters who have not yet thrown in their lot with the enemy. If we forfeit our values by signaling that they are negotiable in situations of grave or imminent danger, we drive those undecideds into the arms of the enemy. This way lies defeat, and we are well down the road to it.

It also hurts our soldiers.

This is not just a lesson for history. Right now, White House lawyers are working up new rules that will govern what CIA interrogators can do to prisoners in secret. Those rules will set the standard not only for the CIA but also for what kind of treatment captured American soldiers can expect from their captors, now and in future wars. Before the president once again approves a policy of official cruelty, he should reflect on that.

These are not new sentiments. But they are increasingly being expressed by people such as Krulak and Hoar, military professionals who understand the repercussions of such policies. Let us hope that at last the message gets through.

torture, politics, midtopia

Specter: Gonzales may resign

It may just be wishful thinking, but that's what Sen. Arlen Specter said yesterday on "Face the Nation", in response to a question about this week's planned vote of no-confidence in the attorney general.

Mr. Specter noted that no-confidence votes were rare, adding, “I think that if and when he sees that coming, that he would prefer to avoid that kind of an historical black mark.” Mr. Specter, of Pennsylvania, would not say how he would vote on a resolution.

Most Senate Democrats and five Republicans have called on the attorney general to resign, but President Bush, who considers Mr. Gonzales one of his most trusted advisers, has steadily supported him.

It seems obvious that such a vote would easily pass, assuming all that was needed was a simple majority. Most Democrats and at least five Republicans would vote yes, and there could be a sizable number of other GOPers that would support it, too.

The White House has denigrated the move as a political stunt and today Bush reiterated his support for Fredo. But the reality is that Gonzales' ability to lead his department would be seriously impaired by such a public rebuke, especially if the vote is lopsided. At that point you have to start wondering why Bush places personal loyalty to incompetent lapdogs above the good of the people and the efficient administration of justice.

Between the no-confidence vote and the upcoming testimony of Monica Goodling, it promises to be yet another bad week for the AG.

Gonzales, politics, midtopia