Another Deregulation Disaster

Eight years of Bush-Cheney have given us ample proof that simplistic allegiance to the mantras of free market fundamentalism give way to economic disaster. As Henry Paulson, pragmatic Treasury Secretary, moved to have the government take control of mortgage lending giants Fannie Mae & Freddie Mac, it is harder and harder to defend privatization and deregulation as the cornerstones of sound economic policy.

Of course none of this stopped most Republicans at their recent convention from acting like they still carry the torch for smaller government and freer markets. Economic ideologues steeped in the language of the supremacy of the market over government controls aren't likely to admit that blind adherence to their philosophy by so many since the Reagan years has cost us dearly.

I'm sure we will continue to hear about the evils of "burdensome regulations" proposed by Democrats and liberals. Conservative Senator Bunning of Kentucky amusingly called for the resignations of Paulson and Federal Reserve Chief Ben Bernanke, saying "they have taken the free market out of the free market." Bunning has clearly sipped too much of the free market fundamentalism Kool-Aid.

But don't misunderstand. There IS plenty to criticize in the Paulson plan. Senator Obama while he generally supports the plan, expressed concern that we "not allow government intervention to protect investors and speculators who relied on the government to reap massive profits." Economist Max Fraad Wolff speaking on Democracy Now! this morning pointed to the government assumption of risk without fully taking over the institutions, and the likelihood that the government will end up taking on the role of a collection agency, gathering debt from homeowners to pay off debt to investors, foreign and otherwise. The help for struggling homeowners is meek in comparison. He offers a quick history lesson, and some amusing insights into Governor Palin's comments about Fannie Mae and Freddie Mac. It is definitely worth a read.

Make no mistake that regulations can be burdensome. Often the mega-corporations which write them make them unnecessarily complicated, disadvantaging smaller firms who might want to compete. But if you are still convinced that deregulation and privatization are always necessarily better, let's review some recent troubles which had their genesis in deregulation:

• Sub-prime lending


• Wall Street investment scandals


• Media consolidation


• Enron, Tyco, WorldCom, etc corporate scandals

Yes, of course, there were also criminal acts involved in many of the corporate scandals, but deregulation allowed so much wrongdoing to go on legally, that disaster was simply bound to happen sooner or later.

Our economy is complicated. We need the best and the brightest conferring to determine the role government can play in regulating markets sanely. Not with some ideological pablum whether from the Heritage Foundation or the Socialist Labor Party.

America should be ready for some sane re-regulation. Regulation which allows markets enough freedom to flourish, but denies corporate bosses the authorship of all the rules. There is no reason that regulation can't be both stronger and less complicated. First we need to check the influence of lobbyists.

Fortunately both Presidential campaigns have decried the influence of lobbyists. I'm more inclined to go with Obama who has refused lobbyist money, than McCain who has former lobbyists as key campaign staffers. I understand that it's not all black and white. Obama's campaign is not void of lobbyist influence, and McCain has on occasions stood up to lobbyists. But on balance Obama will have less campaign obligations to lobbyists, and McCain may have significant blind spots where the former interests of his staffers are concerned. I'll hope for the best regardless who wins.

More importantly, America needs to turn the page, and say good bye and good riddance to the failed mantra of deregulation for deregulation's sake.

Jim Leach On Our Troubled Times

While the tone of the Democratic Convention's opening night was pretty predictable, there were some surprises. Ted Kennedy's capacity to deliver a rousing address on the heels of his brain surgery, and the rhetorical gifts of Obama's wife, family, and in-laws were displayed. Former Republican Congressman Jim Leach provided a lesson in history and civics.

I focus on Leach's speech, not because it was riveting - it definitely was not that - but because his perspective represents an honest assessment from a practical politician who is no longer in the game. PBS pundits were quick to dismiss him as an anomaly among Republicans. But among Republicans in my own family and circle of friends, I see important chords and connections. Our political process has been poisoned, and people of vastly differing ideologies can agree about that, even when they agree about little else.

As quoted in the Iowa Independent Leach said

“In troubled times, it was understood that country comes before party,” Leach said after listing several examples of bipartisanship in U.S. history.

“Little is riskier to the national interest than more of the same,” he continued. “America needs new ideas, new energy, a new generation of leadership.”

“Hence I stand before you,” he concluded, praising both his own party and the party whose delegates he was addressing, “proud of my party’s contributions to America’s history, but, as a citizen, proud as well of the good judgment and good people of this party in nominating a transcendent candidate, who I am convinced will recapture the American dream and be a truly great president.”

The great irony of the 2008 election to this observer is that BOTH presidential candidates seem painfully aware of how our poisoned process constrains politicians time and again from acting in the public interest, even when as individuals that would be their first choice. I believe both Obama and McCain genuinely want to reform the process, yet as Senators and as Presidential candidates both are themselves trapped to a large extent within the poisoned process. Once elected, Presidents have more latitude to act independently, but still face enormous inertia in the machinery of government, pressure from their party, and during first term, concerns about being reelected.

Make no mistake, there are plenty of real policy differences between McCain and Obama, that will result in different choices being made. It is an error to assume that just because your party's candidate takes a position different from your own that it is a result of their failure to stand up to some powerful interest. Sometimes they genuinely have a different opinion. But there is no denying the enormous influence that the power establishment has on our policy, regardless of which party is in power.

On Iraq policy, I expect either McCain or Obama to follow through on their campaign promise, and in both of those cases I believe they genuinely believe in their own plan. Obama will change the mission and McCain will not. Ironically the practical effect may be little different, as neither will withdraw precipitously, but both are likely to withdraw all but a residual force within their first term. On foreign policy generally, I think Obama is more likely to seek diplomatic solutions, while McCain will be quicker to resort to military solutions. Either will employ both tools, but the tipping point will be different.

But on other issues, both candidates have bent to the pressure of their parties and/or powerful corporate interests. McCain's stated commitment to uphold all of the Bush tax cuts for the very wealthiest Americans, in spite of having derided them in the past, is certainly a case in point. I really don't believe McCain has truly had a change of heart, but his party demands he stay in lockstep with their anti-tax dogma. I suppose that as President he may move to his more natural position, but at this point that would be a broken promise.

Obama capitulated on giving telecoms immunity for their role in Bush's surveillance program. He painted his reversal as a practical political compromise, so there is no implied promise that future decisions around surveillance programs or corporate accountability will be reflected in that decision.

In a McCain Presidency it would be telling to discover whether his "maverick" inclination to support environmental causes will be seriously compromised by his indebtedness to corporate polluters who might balk at policies they consider bad for their bottom line. In an Obama Presidency it would be telling to discover whether he enacts the bold structural changes [many outlined in this multipage pdf] that are needed to create real opportunity for the working poor and transparency in government, or if they will take a back seat to political expediency and corporate pressure.

There is no crystal ball to tell us just how much either man might succeed in breaking out of the "politics as usual" mode. Cynics will tell us not at all, while dreamers may imagine transcendent change. I may be a registered Democrat, but I am an American first, and it is my hope that some significant transformation will take place regardless of the winner this November. Clearly Obama's vision as laid out in The Audacity of Hope and his speeches is more aligned with my own. Many Americans, such as Jim Leach, who may not agree with some of the particulars are nonetheless inspired by his aspirational message.

In the next two weeks we have the opportunity to hear these two candidates address their conventions and set the tone for the election. As flawed as the process is, I believe we have a better choice this year than we have in quite a long time. It's a good thing too, because we certainly live in troubled times.

Obama's Luck Is America's Opportunity

We often take our good fortune for granted. Especially the luck we are born into, can easily be forgotten even as we take advantage of our heritage, our citizenship, and our freedoms. I have always felt extraordinarily fortunate to be an American. Today America is lucky!

Barack Obama freely acknowledges the role that fortune has played in his rise to political prominence. Of his campaign for the U.S. Senate in The Audacity of Hope Obama wrote:

My campaign had gone so well that it looked like a fluke. ... Not one of [my Democratic opponents] ran a negative TV ad. ... My Republican opponent was felled by a divorce scandal. ... Later, some reporters would declare me the luckiest politician in the entire fifty states. Privately, some of my staff bristled at this assessment, feeling that it discounted our hard work and the appeal of our message. Still, there was no point in denying my almost spooky good fortune.

Geraldine Ferraro during the just concluded primary campaign famously declared that Obama was lucky to be in his position, and would not be so if he were white. In fact Obama's mixed race heritage is part of who he is, and thus part of the context from which he can powerfully declare that we should "eradicate the slander that says a black youth with a book is acting white." Would Clinton have been the presumptive front runner in this campaign if she were not the wife of a previous President? Did that make her lucky? One could suggest that McCain is "lucky" to have been a POW because it is part of his story which gives him credibility today.

Luck comes and goes, but only fools fail to take advantage of that which falls into our laps. America, after 8 years of a disastrous presidency, a huge stroke of fortune has fallen into our lap. Obama's luck is our luck. And here is why:

We have evolved a political system which has many advantages, but in which honesty in politicians is routinely punished. Absolute candor is political suicide, and every successful politician, including Barack Obama understands this. Most of us shade the truth to our own advantage in our every day lives, and share that which puts us in a good light more than that which does not. Unfortunately years and years as a politician, causes the most successful to become so adept at this game that they become less and less aware of how dishonest they have become. Obama is quite skilled at choosing his words in such a way that his message appeals to a broad spectrum of Americans. He's good at the political game, and his candor is not absolute. But the brevity of his political life and the luck he has had in rising to this level without more and nastier political opposition mean that he has retained more candor than we have come to expect from our Presidential candidates. For many Americans - even many who do not share Obama's political philosophy - that makes his message refreshing, and a breath of fresh air compared to what we've come to expect.

Obama is politically savvy enough to weave in pieces of the sound bites which help sell the message, but when taken in whole paragraphs, he also makes sense and his message is coherent and at its heart truthful. "Change" sells, so the word is employed over and over again - and we can roll our eyes - but that's politics. What I care about is that his aspirational approach is inspiring hope, his intellect backs up those aspirations, and his realism tempers his methods.

McCain complained about Obama referring to McCain's bid as Bush's third term, but when you take the whole of what Obama said, for instance in his speech last night in Minneapolis, you find that he is honest about the distinctions between Bush and McCain. Americans by a large majority ARE disillusioned with the policies of George W. Bush, and it would be politically foolish for any Democratic candidate NOT to point to the many policy similarities between Bush and the promises of McCain. But more than the simple sound bite, here is what Obama actually said:

Because while John McCain can legitimately tout moments of independence from his party in the past, such independence has not been the hallmark of his presidential campaign.

It's not change when John McCain decided to stand with George Bush ninety-five percent of the time, as he did in the Senate last year.

It's not change when he offers four more years of Bush economic policies that have failed to create well-paying jobs, or insure our workers, or help Americans afford the skyrocketing cost of college -- policies that have lowered the real incomes of the average American family, widened the gap between Wall Street and Main Street, and left our children with a mountain of debt.

And it's not change when he promises to continue a policy in Iraq that asks everything of our brave men and women in uniform and nothing of Iraqi politicians -- a policy where all we look for are reasons to stay in Iraq, while we spend billions of dollars a month on a war that isn't making the American people any safer.

McCain is a very different person than Bush, and should he become President, I still have some hope that he will bring much needed reform to that branch of government. Either of these candidates seems likely to bring some more transparency back to the executive branch. But McCain is still tied to the policies of his party, and Obama is offering a clean break from that without insisting on a lock-step partisan agenda that will cement the divisions in this nation. From the prologue of The Audacity of Hope:

I am a Democrat; my views on most topics correspond more closely to the editorial pages of the New York Times than those of the Wall Street Journal. I am angry about policies that consistently favor the wealthy and powerful over average Americans, and insist that government has an important role in opening up opportunity to all. I believe in evolution, scientific inquiry, and global warming; I believe in free speech, whether politically correct or politically incorrect, and I am suspicious of using government to impose anybody's religious beliefs--including my own--on nonbelievers. Furthermore, I am a prisoner of my own biography: I can't help but view the American experience through the lens of a black man of mixed heritage, forever mindful of how generations of people who looked like me were subjugated and stigmatized, and the subtle and not so subtle ways that race and class continue to shape our lives.

But that is not all that I am. I also think my party can be smug, detached, and dogmatic at times. I believe in the free market, competition, and entrepreneurship, and think no small number of government programs don't work as advertised. I wish the country had fewer lawyers and more engineers. I think America has more often been a force for good than for ill in the world; I carry few illusions about our enemies, and revere the courage and competence of our military. I reject a politics that is based solely on racial identity, gender identity, sexual orientation, or victimhood generally. I think much of what ails the inner city involves a breakdown in culture that will not be cured by money alone, and that our values and spiritual life matter at least as much as our GDP.

Undoubtedly, some of these views will get me in trouble. I am new enough on the national political scene that I serve as a blank screen on which people of vastly different political stripes project their own views. As such, I am bound to disappoint some of them. Which perhaps indicates a second, more intimate theme to this book--namely, how I, or anybody in public office, can avoid the pitfalls of fame, the hunger to please, the fear of loss, and thereby retain that kernel of truth, that singular voice within each of us that reminds us of our deepest commitments.

I for one, feel very fortunate to have a major party nominee for the Presidency who can write with such candor, and I am equally committed, should he be elected to hold him to his implied commitment to avoid the pitfalls of success. America, today we are lucky and have a great opportunity to turn the page. Tomorrow and in the coming years we will need to continue to work to cash in on this opportunity. Citizenship does not end at the ballot box.

End Our Rogue Nation Status!

Over one hundred nations agreed this week to outlaw cluster bombs. But along with Russia, China, India, Pakistan, and Israel, the U.S. opted out of the agreement. These munitions infamously kill and maim disproportionate numbers of non-combatants, and are prone to leave behind live fragments which can detonate months and years later.

In yet another embarrassing break from an international movement toward a saner and more humane consensus, our government has chosen to defend the indefensible, and support the manufacture of weapons primarily used by our military and those of the other holdout nations. Whether on banning torture, rights of habeus corpus, or actions in response to global warming, this administration again thumbs it nose at international attempts to address serious issues of human rights with common sense agreements.

We have become one of those rogue nations we claim to oppose.

With respect to torture and global warming at least, there is good reason to hope that the next administration, whether led by Obama or McCain, will steer us back toward the mainstream of the community of nations. This has nothing to do with liberal vs. conservative arguments, but rather with common decency. The rule of law, whether it be state, national, or international, best serves us when abhorrent extremes are marginalized. Such laws and treaties need not be perfect to have some positive impact. Sure, some of the signatories to these agreements do so only for propaganda purposes, but that's no reason to oppose them. In fact, by being on record, nations may held to account later when their actions do not match their commitments.

Though some of his more recent votes have been disappointing, McCain has been outspoken in the past in opposition to the Bush administration's relaxations of the prohibitions against torture. We can hope that should he become Commander in Chief he would be truer to his earlier sentiments and move us toward a more enlightened foreign policy.

Disappointingly however, both McCain and Clinton voted against an unsuccessful Feinstein amendment in 2006 which aimed to limit the deployment of cluster munitions in proximity to civilian populations. Obama voted for the amendment. If our government's voice joins the majority strongly in support of banning such capriciously destructive weaponry, one can imagine the pressure on other holdout nations to join such treaties would be greatly increased.

People versus Systems

After watching the outstanding rented movie "Children of Men" the other week, I viewed the 'mini-documentary' that came as an extra feature, entitled "the Possibility of Hope". Though a bit disjointed, it included commentary from a number of futurists, activists, and thinkers, including Naomi Klein, whose compassionate and insightful analysis is well worth sharing.

When people fall in love with what seems to be a perfect theory, a set of rules, and they love those rules more than they love people or places. In fact they begin to see the messy reality of life as interfering with the beauty, the imagined beauty, that exists only in their text, only in the sacred texts, whether they’re economic texts, or religious texts, or some dream of racial purity. I think we need to fear people who love systems more than people because the flip side of the love is the hatred for anything or anyone that interferes with the realization of that system, and this is the other thing about dangerous utopias, is that they can’t coexist with other ideas. They need the whole stage.

In her recent book, "The Shock Doctrine", Klein exposes the role of free market fundamentalism in what she has coined disaster capitalism. I find it compelling that Klein's quote above can serve equally well as an indictment of free market fundamentalism or strident Marxism.

Well formulated systems can be essential for guiding societies toward affluence, justice, fairness, and progress, but if we worship the system and forget its purpose, extraordinary pain and suffering can result.

I revere my nation's Constitution because it has by and large guided us toward becoming a more just society even than the one that our founders originally wrought. People are right to be wary of trifling modifications to that document, which may solve some perceived problem of the moment, but may not stand the test of time. Nonetheless, it is extraordinary that it has lasted so long without a rewrite, and only infrequent amendments. I think it may be worth exploring some cautiously approached methods for revisiting that document - if not in the near term, then in preparation for future strains on it. We should want to preserve that which has made it so durable, and perhaps some judiciously prepared amendments are all we will need, but the value of a Constitution lay in its ability to sustain the most honorable precepts on which it was founded, not in any inherent sacredness.

Last December, I watched with interest an interview with Sanford Levinson, author of "Our Undemocratic Constitution". While I'm not ready to jump on the bandwagon, the subject is certainly worthy of discussion.

Four Years On

As I approach the fourth anniversary of starting this web log, I offer a little self-indulgent look at its history. I generally try to avoid this sort of thing, but in considering whether it's worth continuing an endeavor which gathers no profit and has a clearly limited influence, I made a couple of observations which I'll now share.

In the run up to the 2004 election, I was a man possessed - convinced we stood at a critical crossroads with an opportunity to resoundingly set aside a disastrous presidency. When that didn't happen, my effort had developed a life of its own, and I continued to post, but over time found other uses for my time, and the posts waned. Nonetheless I've felt compelled to keep this going at a lower level. Here's a month by month histogram of my posts since the inception of Choosing Hope:

In the background I have utilized a couple of utilities to track visitors and how they've found me. I've tended to write about subjects that I feel don't get enough attention, and often focus on individuals who are not as widely covered elsewhere, though I write plenty about those who do have power and influence. It is interesting to me to find which individuals that I've written about have been drawn the most visitors to my site by way of search engines. After weighing a couple of such measures, I came up with the following list of the 48 individuals that have led people here, starting with the most frequent - perhaps a surprise:

Craig Watkins
Bill Moyers
Walker Willingham
George Bush
Barack Obama
Muhammad Yunus
Dick Cheney
Troy Anthony Davis
Rush Limbaugh
Vaclav Havel
Rosa Parks
Harry Emerson Fosdick
Holly Near
Hillary Clinton
Paul Loeb
Cory Maye
Martin Luther King Jr
Dennis Kucinich
Jimmy Carter
Dumisani Maraire
Margaret Mead
William Haynes Holmes
Russ Feingold
Jim Hightower
Johan Olav Koss
Anthony Kennedy
Donald Rumsfeld
Robert Byrd
Maher Arar
Tom DeLay
Laura Denyes
Molly Ivins
Alberto Gonzales
Upton Sinclair
Bud Cummins
Joey Cheek
Amy Goodman
Ronald Reagan
Thomas Friedman
Cedric Jourde
Richard Rodriguez
Ted Kennedy
Richard Nixon
Margaret Atwood
John Kerry
Wangari Maathai
Cindy Sheehan
Nancy Pearcey

There are some jarring juxtapositions there, but I'll take my place between Bill Moyers and George Bush without complaing. ;-)

Georgia Supreme Court fails justice

In a follow up to a story I reported here in November, the Supreme Court of the State of Georgia rejected by a 4-3 vote, Troy Anthony Davis' request for a new trial. Davis was sentenced to die for the 1989 murder of a Savannah, Georgia police officer. He has maintained his innocence from the outset, 7 of 9 witnesses have recanted their testimony, no physical evidence tied him to the murder, and there is a credible different suspect for the crime. Chief Justice Leah Ward Sears wrote the dissenting opinion. She agreed with the majority that recantation testimony is inherently suspect, but maintained that:

If recantation testimony, either alone or supported by other evidence, shows convincingly that prior trial testimony was false, it simply defies all logic and morality to hold that it must be disregarded categorically.

Unfortunately, common sense was in the minority, as happens all too often in these times.

Winter Soldiers Ignored

How is the mainstream media dealing with the inconvenient tragedies brought to light by Iraq war veterans who gathered over four days last weekend in Maryland? They are ignoring them. Five years after the invasion of Iraq, and nearly 4000 dead American soldiers later, many brave individuals have brought their poignant testimony to an event that deserves more exposure.

War is hell - always. At rare and tragic times in human history war is surely necessary. But ignoring its tragic reality creates a climate in which war is entered into far too easily.

We honor the dead soldiers as we should. The financial cost of war gets a fair amount of attention. But the tragic results of war are far more numerous than those two awful tally sheets.

Winter Soldier II, sponsored by Iraq Veterans Against the War (IVAW), mirrors an earlier event from 1971 at which John Kerry famously testified. War hawks love to mock these events as "far left" gatherings, and consider the testimony of these veterans as treasonous and "un-American". The dozens of veterans who have chosen to speak understand how they will be unjustly vilified because of that choice, and yet their conscience demands no less of them. We can be sure that they are only the tip of the iceberg, among returnees whose humanity has been challenged in ways that it never should.

The "Rules of Engagement" for the Iraq war have been exposed as an ever shifting standard, and the extent to which they have been followed is often in flux, and largely depending on the mindset of the military leaders of individual operations. Soldiers who returned for many tours of duty related the generally declining standards as time wore on, as soldiers and leaders became hardened by their experiences. The nature of the battle, where the enemy was often difficult to identify, made tragic deaths and maiming of innocents more and more commonplace with time.

Democracy Now has been airing this testimony this week, and will continue that tomorrow. IVAW has live blogged the event. I challenge you to listen or read and tell me that these soldiers are lying, or that their experiences do not challenge notions of decency in how this war is being waged.

One sample piece of testimony came from Corporal Washburn of the Marines:

Something else we were actually encouraged to do, almost with a wink and a nudge, was to carry drop weapons or, by my third tour, drop shovels. What that basically is, is we would carry these weapons or shovels with us, because in case we accidentally did shoot a civilian, we could just toss the weapon on the body and make them look like they were an insurgent. Or, you know, like my friend here were saying, we were told by my third tour that if they were carrying a shovel or—you know, and a heavy bag, if they were digging anywhere, especially near roads, that we could shoot them. And so, we actually carried these tools and weapons in our vehicles in case we accidentally shot an innocent civilian, and we could just toss it on them and be like, “Well, he was digging. I was within the rules of engagement.” And this was commonly encouraged, but only behind closed doors. It wasn’t obviously a public announcement that they would make. But, yeah, it was pretty common.

This is nowhere close to the most shocking testimony I've seen, but it is indicative of the layers of disconnect between the reality and the official, and between the official and the "ideal". No one expects that war will not be accompanied by horror, but when the horrible becomes sanctioned to one degree or another by a White House Counsel, or a military directive, or a commander's prerogative, we guarantee that the horror will become pervasive.

It is not easy to pay attention to this tragedy. The mainstream media knows that it is easier to simply ignore Winter Soldier II, and the questions which it raises. They have an election to cover and celebrities' misdeeds to watch. Meanwhile innocent citizens continue to be killed and maimed, our reputation continues to be dragged to greater depths, and soldiers return home with injuries both physical and psychological which will impact them for life, and a training in violence that in many cases will haunt us once again.

We cannot learn if we will not look.

Cross-Ideological Appeal

Obama's appeal to voters across the ideological spectrum is positively the best thing about his candidacy. It certainly arouses suspicion among a fraction of liberals and progressives, and exasperation among a fraction of conservatives, but it makes perfect sense. Liberalism and conservatism coexist within every decent thinking human being.

We have been taught to think of ideology as a linear continuum between left and right. It has been my song and dance since I started writing here to point to the fallacy of that notion, even though I occasionally fall victim to it myself. There was a kernel of truth in that famous quote of Churchill's, but unfortunately he framed it in such a way as to reinforce a false dichotomy.

Churchill wrote “Any man who is under 30, and is not a liberal, has not heart; and any man who is over 30, and is not a conservative, has no brains.” Today I counter that any mature adult who lacks all conservative values has no brain, and any who lacks all liberal values has no heart.

Watchblog's conservative editor Dana Tuszke has come out for Obama. This does not mean that she has abandoned her deeply felt conservative values. My wholehearted support for the same candidate does not mean I'm not still the champion of liberal and progressive causes that I've always been. It's not that either one of us is compromising on some mushy middle, though some will insist that's exactly what we're doing. We both see in one human being a principled man who can understand and empathize with both sides of an issue, but still take a position and defend it. As Paul Siegel points out, we don't have to agree on every point.

Obama has a demonstrated ability to work across the aisle to create substantive legislation. He did so in the Illinois legislature on a regular basis, including getting Republican support for the requirement that all police interrogations in homicide investigations be recorded. You can see in that single July, 2003 press release from Illinois' Republican Governor Blagojevich, that Obama's name is mentioned prominently in connection with three different pieces of legislation. Concern about police misconduct is typically labeled as a liberal cause, but when the solution addresses the concern directly without tying law enforcements hands too severely, reasonable conservatives can get behind it, because after all it serves no one for hidden misconduct to result in prosecutions of the wrong people. By having the concern of a liberal while understanding the legitimate concerns of conservatives, Obama was able to broker a deal which worked and satisfied a working majority from both sides.

In his short tenure in the United States Senate, Obama has crafted major legislation in concert with Republican Richard Lugar of Indiana to address nuclear proliferation, and significant reform legislation with the very conservative Tom Coburn of Oklahoma enforcing greater transparency in federal spending. Both these bills have passed. Perhaps neither is perfect, but both address real and pressing concerns that people across the political spectrum may share.

Three years ago I wrote of the need for cross-ideological alliances. In Obama, Americans of different stripes are seeing a bridge to span those differences and seek solutions that acknowledge the legitimate concerns of differing perspectives. It's not that every solution Obama suggests will be the magic bullet that solves some problem once and for all. He is certainly not that delusional, even if some of his supporters may be. But an approach to problem solving that lays off of vilification, concentrating instead on cooperation is sorely needed. To have such an approach be at the core of a presidency bodes well for our future.

Americans, there is no need for you to stop being liberal or conservative or moderate. Even radically liberal or radically conservative ideas should be gladly put on the table and debated. Radical thinking has helped humankind on more than one occasion. When people rail against extremism, they should instead be attacking orthodoxy. It is the inflexible thinking which insists that ideas coming from outside one's own perspective are therefore worthless which paralyzes us. Talk to people who disagree with you. LISTEN to people who disagree with you. My great hope for an Obama presidency comes not from a naive belief that his message of hope will translate into a perfect set of policies. My great hope comes from a belief that he can be a catalyst for us to move beyond our differences and slowly replace the attitudes of "my way or the highway" with a genuine concern for our future and our descendants' future.

Yes We Can!

No Other Choice

I just belatedly posted two articles that I had previously posted only at WatchBlog, giving them the dates of their authorship there. In fact, there's been little difference in content in the last several months between what's been posted here, and what you would find linked at my Watchblog page. Perhaps it's a better use of my time to publish at a site which gets a modest amount of traffic, rather than one that gets very little. But Choosing Hope remains my own little corner of the "blogosphere" and I suppose I am loath to abandon it entirely. Also I see that it continues to get some traffic - much of it lately from one particular reader in Tempe, who seems to be systematically reading everything I've written. I'm flattered. Tempe, you should drop me a note. Also thanks to Adrian for your latest comments to my December posting.

The Obama article actually preceded by a couple of weeks my own stepping up of activity on his campaign. I think I was talking myself into it more than anything else. Mustering one's enthusiasm for a particular candidate's campaign requires greater suspension of skepticism the later into life we are, but I'm bound and determined to remain an idealist at heart as long as I possible can. I read screeds from the left damning Barack for his associations with establishment military folks. Many (not just the left) point to his rhetoric as being a little too pat, a lot too vague, and failing to take on hard issues directly. (I don't know what they expect in a stump speech.) I understand the concerns about how effective he can be once in office, as some remind me of the difficulties Carter had in implementing his agenda, or more sinisterly point to the fate of JFK, to whom Obama has been compared.

But I ask, just who am I supposed to be for? If I am to choose hope, as the title of my blog implies, how can I do anything but embrace this campaign whose central theme is about just that?

So most of what I've written lately has been in the form of emails, whether to Obama elists, relatives in Georgia, friends and neighbors, or Democratic party people. Perhaps over the next few days, I'll share some snippets. Or give a report from the caucus I chaired here in Washington State yesterday, where we sent 5 Obama delegates and 1 Clinton delegate on to the Legislative District caucus.

It has certainly been enjoyable to let go and be surrounded by all this enthusiasm, youthful and otherwise. A very nice birthday celebration for me, indeed.

Sorting out Superdelegates

Are they an anti-democratic outrage or a reasonable protection against an even more undemocratic brokered convention? Born out of the rancor which was the messy Democratic convention of 1968, the introduction of superdelegates is getting more attention this year as the race for the nomination remains close.

I have heard concerns expressed among some fellow Obama supporters that the superdelegates who are party insiders, are heavily skewed toward Clinton, and will tip the nomination to Clinton, even if Obama wins a clear majority of the other delegates. That scenario, in my view, is highly unlikely. Some have misreported the percentage of superdelegates as being close to or even over 40%, when in fact the actual percentage is 19.6%.

Still, that is certainly enough superdelegates to tip the nomination in a different direction than the duly elected delegates in a close campaign such as this one. Such a development would be a huge public relations disaster for the Democratic Party. Party insiders understand that, and I am confident there would be tremendous pressure on superdelegates to avoid it, regardless of which candidate would be affected.

Currently among the 796 superdelegates, 211 are pledged to Clinton & 128 are pledged to Obama, while 457 remain unpledged. (Other counts vary, but not substantially.) Clinton's lead in superdelegates therefore CURRENTLY is larger than her total lead. However, if Obama starts to pull ahead in future contests, but not enough to clinch the nomination with regular delegates, there will be strong pressure on the superdelegates to swing his way rather than create a situation where Clinton gets the nomination solely because of her backing by party regulars. In fact there would be pressure on previously committed Clinton superdelegates to switch rather than create a controversy that would damage the party and hurt the nominee's chances in November.

Call me naive, and I could be wrong, but actually I think practical politics will save us from this fear. That's not to say that I think Obama will win. Clinton still has a huge advantage from the inside machinery. But I believe she'll need to win the majority, or very close to the majority of the regular delegates to win the nomination.

Superdelegates may yet present the party with a PR dilemma if the race remains very close, with different methods of determination showing a different candidate ahead. For instance, what if Obama gains a small 10 to 50 vote lead among the regular delegates, but Clinton can point to a small but real popular vote margin among actual voters in the combined primaries? Or what if Clinton can claim she would have the regular delegate lead by sitting the Florida and Michigan delegates, even when ceding all of the uncommitted delegates to Obama, but Obama is clearly faring better in more recent head-to-head polling against the Republican nominee, as he is currently trending.

While I am confident that a significant number of the superdelegates will be motivated to support the candidate that the public feels has earned the nomination, if both candidates can stake convincing claims to that title, then all bets are off.

People will continue to challenge the logic of even having superdelegates, but we should remember that its genesis stemmed from concerns about brokered conventions, in which the winner can be determined in back rooms, and ultimately have far less to do with who the rank and file have voted for. The thinking was that by having party regulars, a large number of whom were duly elected by their own constituents, constitute a significant minority of the delegates, these folks could be counted on to follow popular trends to help to give a clear leader the majority, when multiple candidacies have split the delegate count sufficiently to otherwise keep that from happening. Since Edwards, the only additional candidate likely to have received significant numbers of delegates, dropped out before Super Tuesday, it turns out the the superdelegates are unlikely to play that role this year.

On Being Balls Out for Obama

It is a challenge for someone like me to throw my unqualified support behind a single contender for the presidency who is actually given a reasonable chance of winning that contest. My own views include a number of unpopular opinions, and American politics is usually unkind toward anyone with the guts to stand up for such ideas. Barack Obama may on balance be more conservative than I am, but he eloquently gives voice to a central concept in my own political thinking.

“To me, the issue is not are you centrist or are you liberal. The issue to me is--Is what you’re proposing going to work? Can you build a working coalition to make the lives of people better? And if it can work, you should support it whether it’s centrist, conservative, or liberal.”

From the time I heard his keynote address to the 2004 Democratic National Convention, in which he eloquently challenged the conventional notion that we are a nation divided, and that there is little point in bridging our gaps or understanding our adversaries, but rather that

we worship an awesome God in the blue states, and we don't like federal agents poking around our libraries in the red states

I realized that here was someone who was finally giving voice to a powerful alternative to the false dichotomy which has divided us.

Even so I realize that inspirational oratory alone does not make a president or a leader. Political reality demands specific actions, proposals, compromises, and the ability to not only say the right thing but to work with a variety of players to make things happen. I am able to live with Obama's hybrid answer to health care which is not as bold as the plans I would prefer put forward by Kucinich or even Edwards, or his shying away from supporting gay marriage as I would. My tentativeness in supporting such a candidate probably lies more in being convinced that he can successfully drive through those programs where we are in agreement, and make progress on many fronts.

Obama's website does a good job of laying out his positions on issues. His commitment from the outset to rely on individual donors rather than institutional or corporate donors, puts him along with Edwards and Kucinich in the position of being less indebted to the moneyed interests which so many Americans, left, right, and center would like to see play less role in our politics. Having read his "Audacity of Hope", I am convinced of both his sincerity and his intellect.

Some liberal or progressive skeptics worry that Edwards is right that there is a battle to be joined against the corporate bigwigs, and Obama's inclusive approach is naive. Pitching the struggle as a battle, however, may be the naive position, which sets up yet another either/or formulation that will ultimately fall to the moneyed interests. I'm more inclined to agree with this assessment that

the sheer force of [Obama's] empathy and skills as a communicator, would broaden the political landscape and convince moderate Republicans and Independents to back progressive policies they ordinarily wouldn't go for.

Obama's promise to give the corporations "a seat at the table" when issues impacting them are discussed, is not the same as allowing them to set the agenda. I'm convinced that Obama can make it clear to those representatives that certain assumptions they once were able to make are no longer possibilities. It only makes sense to invite the participation of those who understand the current structures when seeking new solutions.

Last summer in talking with others who attended with me an Obama stump speech, the decided Obama supporter among them asked me whether I was "balls out" for Obama. Perhaps suffering from an affliction common among those of us in the second halves of our lives, my response was qualified. But now, with my own state caucus only 5 weeks away, this progressive has decided that it is time to declare my unmitigated support for Obama, without reservation.

Parties, Primaries, & Presidential Politics

There is both good and bad in the way we select our nation's chief executive. The dominance of two political parties, a rather weird primary system, the influence of money on the process, and an electoral college system in lieu of a direct popular vote all seem to fly in the face of democratic ideals. We could do worse, but we could also do much better.

It is rather disquieting to realize that here, over a year away from the installation of a new president, an event in Iowa is likely to profoundly shape the prognosis for many contenders' chances to vie for that office. Those of us who do not live in early primary states can rightly question why a supposedly democratic process gives disproportionate influence to the citizens of a couple of relatively less populated states.

Now, I have nothing against Iowa or New Hampshire, and I would not characterize the primary process as tyrannical in the same way that radical thinker, O. T. Ford, does in his essay on the matter. Nonetheless, he raises a serious issue, and I do think we would do well to challenge the notion that these two states should retain their special status in perpetuity. And yet, there is actually something I like about this process. By "de-nationalizing" this small piece of the election, we are afforded an opportunity to observe the candidates ability to appeal directly to voters in settings where the pundits, the parties, and the Madison Avenue image-makers, take second fiddle to ordinary folks in town halls and public meetings.

As the essay author points out, Iowa and New Hampshire are not terribly representative of our nation as a whole, but there are some positives worth noting. Both generally score well when states are ranked in measures of quality of education. (Example 1 / Example 2) Looking at Iowa, we see a state which has an exemplary method, using an independent commission and strict rules, for drawing Congressional boundaries, thus avoiding the political gerrymandering which is rampant in most states. And Iowa does have a wholesome, middle-American image which lends to a belief that its residents will serve as reasonable evaluators of the presidential contenders. Still there is something fundamentally undemocratic about a process which puts the power to winnow our field of candidates in the hands of the citizens of the same handful of states each and every election year.

Most Americans who are familiar with our electoral college, can't help but be struck by its anti-democratic nature, and the effective disenfranchisement of minority views in non-competitive states. Again it is the citizens of a handful of states which are regularly competitive between the two major parties who get most of the attention, and hence have effectively more leverage in getting their agendas prioritized in Washington. There are mechanical and constitutional arguments for retaining the electoral college, but really it's downright archaic, weird, and unfair.

There is no constitutional basis, however, for the party system, the primary system, nor the influence of money on politics. Our elections do provide a mechanism for the voting public to keep bad leaders from retaining power indefinitely, and in that regard we should be grateful that puts us in better stead than the people in many of this world's nations. Even when evidence of institutional fraud suggests that close elections may have been incorrectly swung to the benefit of the ruling party of one state or another, so far it seems that fraud is insufficient to swing the outcome of a race which is not already close. Sadly, however, being able to oust one's leaders is not enough, when there is not a sufficiently democratic process in place to give us all a real voice about what the alternatives might be.

We are fortunate in these United States to be able to openly discuss the need to further democratize our process. We will be more fortunate still if we can move beyond discussion and actually implement improvements in spite of the political inertia which stands in their way.

Paul Loeb's Latest on Hillary

As much as I typically enjoy expounding on Presidential politics, I've been rather mute of late, feeling rather ambiguous about my own preferences. Kucinich continues to represent for me the most honest voice defending the values most important to me, but I'm enough of a realist to see that 1) he won't win, & 2) if he could, those forces in opposition to his vision would succeed in thwarting his efforts. Obama possesses an oratorical gift, a uniting vision, and fine intellect, but has failed to capture my imagination as I hoped he might, and has been disappointing in a few particulars. Edwards says a lot of the right things, but I don't fully trust him. Dodd and Biden are both smart and either would stand head and shoulders above the disaster currently occupying the White House, but neither is going to gain the traction to get there. Richardson maybe has an outside shot, and would make a good President, but I really think he's already looking to be the VP choice. Then there's Hillary. Competent and with a lot of connections, I can try to talk myself into thinking she won't be so bad, and at least will likely make many excellent appointments. But I cannot deny the palpable disappointment I feel that she will likely be the Democratic nominee. Hence I will simply publish here Paul Loeb's latest article:

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Hillary Clinton and the Politics of Disappointment
by Paul Rogat Loeb

When Democrats worry about Hillary Clinton's electability, they focus on her reenergizing a depressed Republican base while demoralizing core Democratic activists, particularly those outraged about the war, and consequently losing the election. But there's a further danger if Hillary's nominated--that she will win but then split the Democratic Party.

We forget that this happened with her husband Bill, because compared to Bush, he's looking awfully good. Much of Hillary's support may be nostalgia for when America's president seemed to engage reality instead of disdaining it. But remember that over the course of Clinton's presidency, the Democrats lost 6 Senate seats, 46 Congressional seats, and 9 governorships. This political bleeding began when Monica Lewinsky was still an Oregon college senior. Given Hillary's protracted support of the Iraq war, her embrace of neoconservative rhetoric on Iran, and her coziness with powerful corporate interests, she could create a similar backlash once in office, dividing and depressing the Democratic base and reversing the party's newfound momentum.

Think about 1994. Pundits credited major Republican victories to angry white men, Hillary's failed healthcare plan, and Newt Gingrich's "Contract with America." But the defeat was equally rooted in a massive withdrawal of volunteer support among Democratic activists who felt politically betrayed. Nothing fostered this sense more than Bill Clinton's going to the mat to push the North American Free Trade Agreement (NAFTA). Angered by a sense that he was subordinating all other priorities to corporate profits, and by his cavalier attitude toward the hollowing out of America's industrial base, labor, environmental and social-justice activists nationwide withdrew their energy from Democratic campaigns. This helped swing the election, much as the continued extension of these policies (particularly around dropping trade barriers with China) led just enough Democratic leaning voters in 2000 to help elect George Bush by staying home or voting for Ralph Nader.

No place saw a more dramatic political shift than my home state of Washington. In November 1992, Democratic activists volunteered by the thousands, hoping to end the Reagan-Bush era. On Election Day, I joined five other volunteers to help get out the vote in a swing district 20 miles south of Seattle. Volunteers had a similar presence in every major Democratic or competitive district in the state. The effort helped Clinton to carry the state and Democrats to capture eight out of nine House seats.

But by 1994 grass-roots Democratic campaigners mostly stayed home, disgruntled. In Washington State, there were barely enough people to distribute literature and make phone calls in Seattle's most liberal neighborhoods, let alone in swing suburban districts. Republicans won seven of our nine congressional races, and reelected a Senator known for baiting environmentalists.

The same was true nationwide. I spent that campaign season traveling to promote a book on campus activism, staying with friends long involved with progressive causes. Everywhere I went, critical races would go to the Republicans by the narrowest of margins. Yet my friends and their friends seemed strangely detached, so disgusted with Democratic politics that they no longer wanted anything to do with it. Surveys found that had voters who stayed home voted, they would have reversed the election outcome. Even a modest volunteer effort might have prevented the Republican sweep.

To prevail in close races, Democrats need enthusiastic volunteer involvement. This happened in 1992, and then again in 2006. If Hillary is the nominee, she's likely to significantly damp this involvement, especially among anti-war activists, many of whom are currently saying her candidacy would lead them to sit out the election entirely. She'll also draw out the political right in a way that will make it far harder for down-ticket Democrats in states like Kentucky and Virginia where the party has recently been winning. In a recent Pew poll, she had both higher unfavorable and lower favorable ratings than either Obama or Edwards. A July Fox poll (of citizens, not Fox viewers), 29% of voters (including 27% of Independents and 5% of Democrats) said they would "never vote for her under any circumstances," compared to just 6% overall saying the same about Obama, and less than 1% about Edwards. And a November 26 Zogby poll, (albeit one using some new methodologies) now shows her trailing the major Republican candidates, while Edwards and Obama defeat them. So she might not win at all, despite Bush's disastrous reign.

But even if she does, she is then strongly likely to fracture the party with her stands. She talks of staying in Iraq for counterterrorism operations, which could easily become indistinguishable from the present war. She backed the recent Kyl-Lieberman vote on Iran that Senator James Webb called "Cheney's fondest pipe dream." She supported at least one regressive version of the bankruptcy bill and the extension of Bush's tax cuts on capital gains and dividends. If her contributors are any guide, like those she courted in a $1,000-a-plate dinner for homeland security contractors, she's likely to cave to corporate interests so much in her economic policies that those increasingly squeezed by America's growing divides will backlash in ways that they're long been primed to by Republican rhetoric about "liberal elitists." And if Democrats do then begin to challenge her, the relative unity created by the Bush polities will quickly erode.

Because the Republican candidates would bring us more of the same ghastly policies we've seen from Bush and Cheney, I'd vote for Hillary if she became the nominee. But I'd do so with a very heavy heart, and a recognition that we'll have to push her to do the right thing on issue after issue, and won't always prevail. We still have a chance to select strong alternatives like Edwards (who I'm supporting) or Obama. And with Republican polling numbers in the toilet, this election gives Democrats an opportunity to seriously shift our national course that we may not have again for years. It would be a tragedy if they settled for the candidate most likely to shatter the momentum of this shift when it's barely begun..

Paul Rogat Loeb is the author of The Impossible Will Take a Little While: A Citizen's Guide to Hope in a Time of Fear, named the #3 political book of 2004 by the History Channel and the American Book Association. His previous books include Soul of a Citizen: Living With Conviction in a Cynical Time. See www.paulloeb.org To receive his articles directly email sympa@lists.onenw.org with the subject line: subscribe paulloeb-articles

Theft of Our Airwaves

In what is truly a case of the privileged few versus the muzzled many, the FCC wants to further expand the consolidation of our media, which is already dominated by the broadcasting giants. Chairman Kevin Martin earlier this month proposed a relaxation of the rules against newspaper-broadcast cross-ownership within the same market area. And he's trying to rush its enactment before the holidays, by ending its comment period on December 11.

Martin is well aware that there is overwhelming widespread objection to media consolidation, as was evident at the last public hearing on the matter which I attended in Seattle on November 9th. Senators Byron Dorgan (D-ND) and Trent Lott (R-MS) have been leading the effort in the Senate to oppose the FCC's attempts at further consolidation.

Democratic FCC Commissioners Michael Copps & Jonathan Adelstein have been consistent voices at the FCC in favor of the public interest and against consolidation, but the Republican majority have ignored the overwhelming opposition even within their own party, and consistently sided with big media. Prior to Kevin Martin, it was Michael Powelll who did big media's bidding. But before you think I'm impugning only Republicans in the sellout of OUR airwaves to Big Media, consider that Powell was appointed to the FCC by Clinton in 1997, more than a year after Clinton himself signed into law the Telecommunications Act of 1996, a massive overhaul of the laws governing media ownership, which resulted in unprecedented consolidation of media.

Back in those days not too many people outside the industry were paying attention to the dry subject of media regulation, but Clear Channel Communications for instance went on a buying spree with the elimination of the 40-station ownership cap, and now owns over 1200. Rupert Murdoch, Disney Corporation, AOL-Time-Warner, and others have been subsequent beneficiaries of this monumental legislation. In the name of deregulation and "free" ownership, we have created a situation where smaller operations without huge capital are squeezed out, local stories get short shrift, and our news sources have become homogenized. It turns out those restrictions actually served to empower the little guys. Minority ownership is down; local ownership is down; and bots are running radio stations controlled from thousands of miles away, saving money for the owners, but not serving the needs of the public consumers of media.

Byron Dorgan of North Dakota has become a champion of derailing the consolidation train, in part due to a literal train derailment in his home state in 2002, when 210,000 gallons of anhydrous ammonia was spilled near Minot. Authorities were unable to contact KCJB, the designated emergency broadcaster in a market where six of the seven commercial stations are owned by Clear Channel who typically pipe in broadcast material from elsewhere.

I'll warrant that the current deregulation is small potatoes compared to the monstrosity that Clinton signed into law, but it does include some back door provisions that make it worse in reality than it is on its face. We need to push lawmakers to go in the opposite direction and create incentives for more local and diverse control of all media. One step toward further consolidation is not the answer, no matter how Martin might spin it (pages 5&6). The time is short for contacting your members of Congress on this, or registering your comment at the FCC (click on Media Ownership ...-Docket 06-121.)

For more background on media consolidation, few have poured as much energy into this issue impacting our democracy as Bill Moyers, who offers a primer here. A great timeline of events related to media consolidation can be found on PBS's NOW website.

Troy Davis, Justice, and the Death Penalty

Innocence Matters!

So proclaims the website dedicated to the exoneration of one death row inmate in Georgia. Whether one believes that the death penalty is ever appropriate, or in the innocence or guilt of that particular inmate, we should all agree that indeed innocence does matter.

As we examine the case of Troy Anthony Davis, we should care very much whether an innocent man was convicted of a crime which substantial evidence seems to indicate was committed by someone else. It is also worth examining several broader questions. Does the desire to gain convictions skew investigations to buoy the first plausible solution to the exclusion of other possibilities? Once convicted of a crime, are the barriers to considering continued claims or evidence of innocence too steep? Should the certainty of guilt be even higher for the application of the death penalty? When if ever is the death penalty appropriate, or as the American Bar Association claims, do inconsistencies and flaws in our system of justice warrant a moratorium on capital punishment?

Ironically, it may be his death row status which ends up triggering a new trial for Davis, with the possibility of exoneration. Yesterday, the Georgia Supreme Court heard arguments for and against granting such a trial, with an expected decision to be rendered sometime early next year. This observer sees a real need for re-examination of the process for granting new trials in cases where either faulty investigations, over zealous prosecution, coerced testimony, recantations, or new evidence casts doubt on former convictions - whether or not the death penalty is involved. That doesn't mean opening every case where an inmate claims innocence, or making it too easy for outside organizations to force trials when the case is not strong. But justice is not served by keeping the innocent behind bars in the name of having "someone" pay for the crime, upholding the standing of police or prosecutors, or appearing tough on crime.

The Innocence Project is doing great work in using DNA testing from former convictions to exonerate many who have been unjustly imprisoned. But physical evidence is not always available, as in the case of Davis, and common sense suggests that wrongful convictions are at least as high in such cases where eye-witness testimony is likely to have played a major role.

I am not claiming to know that Troy Davis is innocent. My window on the case is limited to what I've heard on radio, read online, and heard in conversation with Laura Moye, who is deputy director of Amnesty International's Southern regional office. I acknowledge that I am a long way away, and may have been swayed by the fact that "Davis' supporters were good at 'marketing' their cause", as DA assistant David Lock told Georgia's justices. Still, based on what I have learned, it seems more plausible that alternative suspect Sylvester "Redd" Coles is the actual perpetrator. And it is very difficult to accept that a new trial should not be granted in light of the recantations of 7 of the 9 original eyewitnesses. From a Savannah Morning News account

"If the prosecution witnesses are recanting to that extent and that they possibly perjured themselves, then the Supreme Court is doing the right thing [in considering whether to grant a new trial]," said William "Rusty" Hubbarth, vice president of the pro-death-penalty Justice For All in Austin, Texas. "I have never heard of a case like this where you have five or six witnesses recanting."

A Tragic Night

When off duty police officer Mark MacPhail responded to a commotion near a downtown Savannah Burger King at 1 AM on Aug. 19th of 1989, he discovered a homeless man, Larry Young, being pistol whipped. Before he had a chance to draw his pistol from his holster, Larry Young's attacker, seeing the officer's badge, shot and killed him. Witnesses hearing the shots saw three men fleeing the scene. This account, one of a series of five recent articles about the case appearing the Atlanta Journal-Constitution, gives what appears to be a fair summary about what is known about the sequence of events that evening, and what Troy Davis and Redd Coles each claim to have occurred. Davis' proximity to the site of two shootings on the same evening understandably directed suspicion his way, but the wantonly murderous behavior he is accused of, seems to fit better with Coles prior and subsequent behavior than with that of Davis. And two of the recanting witnesses have signed affidavits declaring that Coles was also present at the party earlier in the evening near to where another man was shot and injured. Why would Davis brutally assault the homeless man, when even Coles admitted that it was he who had the initial argument (over a beer) with him? Why did Coles show up at the police station with a high paid lawyer to finger Davis in the crime? Why did Davis so readily return from his subsequent trip to Atlanta when he discovered he was the subject of a manhunt, unless he felt confident that he would be absolved of the charges.

7 of 9 Recant

But the most compelling case for granting a new trial comes from the sworn affidavits recanting earlier testimony which implicated Davis, and suggesting police coercion in obtaining that testimony. The unfortunate homeless man who was the victim of the beating was detained by police for over an hour when he most needed medical attention. In pain and somewhat inebriated he finally signed a statement written by police without reading it, in order to gain his own release. Reading the details of each recantation, it is difficult to believe prosecutor's claims that Davis' family was able to pressure all of these witnesses to recant earlier testimony, risking perjury, not to mention the wrath of the still free Coles, simply out of sympathy for a man on death row.

Troy Anthony Davis has been in prison now for 18 years. That alone would be an extraordinary sentence for what, if his story is true, may have been a case of keeping bad company and using poor judgment in the aftermath of gunfire. And yet a new trial is all he currently is asking for.

The appeals process has been yet another story in this case, where procedural reasoning seems to trump new reasonable doubt, whether in the state's habeas court denial of his petition in 1977, or the impact of provisions of the Anti-terrorism and Effective Death Penalty Act of 1996 signed into law by Clinton, which restricted the power of federal courts to correct constitutional error in criminal cases, or the Federal 11th Circuit Court's denial of Troy's appeal in 2006, or the U.S. Supreme Court's refusal to hear his case.

This case has now gotten strong media attention, yet it is still not clear that a defendant who likely deserves at least a second trial will get one. How many other cases languish in obscurity where innocent prisoners will never receive a fair trial when they were originally denied one? In many cases - hopefully a large majority of them - our justice system where one is innocent until proven guilty works beautifully. We have a justice system which on the whole is worth fighting for, and is far better than that which existed in earlier centuries, or does exist in many places around the world. But two factors which stand as a threat to proper justice remain the inordinate influence of money and connections on the process, and the growing simplistic tough on crime attitude which vilifies the accused too early in the process, values numbers of convictions over certainty of justice, and turns a blind eye all too often on instances of police or prosecutorial misconduct.

Process matters. Complexity matters. Motive matters. Truth matters. Certainty matters.

Innocence matters.

We Are All Socialists!

Or at least a vast majority of us are.

I could have as easily titled this piece "We Are All Capitalists!", with an identical qualification.

The point is, that with the exception of a few rigid extremists on either side, most of us acknowledge by our daily activities some acceptance of the fact that the capitalist model works quite well for many things in life, while a socialist model works for others. Too many, especially on the far right, but also on the far left, have tried to make this into an either/or dilemma, when it really ought to be about AND.

Here in the United States and much of the Western World, we have settled on an economic model which is predominately capitalist, with a few socialist elements. I happen to think that is probably the best choice. I love pointing out to those who find my views to be radical, that this ought to place me - in an economic sense, at least - a little to the right of center.

But for many, the commitment to an economic model has become imbued with a moral element which simply isn't appropriate. It is quite true that economic models, if they become grossly imbalanced, can allow ghastly things to happen which DO have a moral element. Such awful scenarios have been played out many times in history. China's Cultural Revolution and the Indonesian extermination of the East Timorese are but two examples abetted by economic imbalances of different origins.

We need to be more concerned about what works, and be willing to draw from models which have succeeded before, without ascribing evil intent to any suggestion which can be remotely associated with an ideology that we disagree with. The public sector of our economy exists for a reason, and most Americans agree that it has its place. Schools, the Post Office, police, fire departments, parks, and resource management are integral parts of our society which operate predominately on a socialist model, with some incentive-based balancing elements. That doesn't make the participants in that part of the economy radical commies foaming at the mouth, any more than those working for or running our corporations must be evil capitalists intent on stealing from the poor to line their own pockets.

We operate in a mixed economy, and should be wary of those whose commitment to an economic model trumps practical considerations in determining how to structure our various institutions. It seems that the folks at the Heritage Foundation would have us privatize every institution rather that acknowledge that occasionally (often!) the public good is better served by public institutions with public accountability. It's not that privatization is NEVER a good idea, but that it's certainly not ALWAYS a good idea.

When I look around me in 2007, there's not much left that hasn't been privatized or partially privatized that needs more privatization. I'm far more often alarmed by the extent of privatization that has occurred already. Naomi Klein, recent author of "The Shock Doctrine: The Rise of Disaster Capitalism", appearing on Democracy Now yesterday, said

The last frontier for the privatization of the state is the privatization of ... core state functions. You know, the only thing left that hasn’t already been privatized and outsourced is -- and this is pre-Bush administration -- is the army, is the police, are the fire departments. And these core state functions are really seen as the last great privatization free-for-all. It’s already entered healthcare. It’s already entered water. It’s already entered electricity, the media.

Those of us who are inclined to argue for de-privatizing some of that which has suffered from over privatization are frequently accused of being "far left" even when what is sought is simply movement back towards the way things were 20, 40, or even 80 years ago. And when someone like me suggests that in certain arenas, such as health care, we should simply acknowledge the net public good which could come from moving more fully to a socialist model, then in the eyes of some I might as well have suggested selling their children to work for Kim Jung Il.

Among the current crop of Presidential candidates, only Dennis Kucinich is bold enough to suggest that we need a single payer system for health insurance, even though in countries where such systems are standard, even political conservatives generally acknowledge the public good which they serve. I supported Kucinich's bid for the Democratic nomination four years ago, but recognizing that his selection would be undeservedly polarizing, was rather excited about the possibility that Obama might be less beholden to corporate interests than someone like Clinton, while speaking the language of unity which we desperately need, and hence center us. It is rather sad to me that Obama is obliged to take an improved but still timid approach to health care when it seems clear to me that something bolder is called for.

So call me a socialist if you like - I'll not deny it. But don't be surprised after we spend some time together, if I call you one too.

Writing Chuck about Mukasey

Occasionally I feel the need to engage in probably futile exercises, just so I can go on record. Today I sent the following web email to Senator Charles Schumer:

Change your mind - vote against Mukasey!

Neither Senator from my state of Washington is on the Judiciary Committee, so I feel compelled to write you on the matter of Michael Mukasey's nomination to be the chief law enforcement officer of our nation. Regardless of how nice he may be, Mukasey's equivocations under questioning demonstrate that he is unfit to take over as Attorney General, where a clear moral compass is needed more than ever in the wake of the errors left behind by Alberto Gonzales.

Arlen Specter and Lindsay Graham know Mukasey is not fit, but they will likely capitulate to the pressure of being Republicans. You do not have that handicap. Listen to your mother, talk to those like Sheldon Whitehouse who have made the necessary decision, and bring along others like Dianne Feinstein, in order to keep Mukasey's nomination from having to even go to the floor of the main Senate.

It's not just the bit about waterboarding. Mukasey has been equivocating all over the map, and you know it. Admit you were wrong, and do the right thing!

Thanks to you and your staff for taking the input of concerned American citizens such as myself.

Charles Schumer seems to exemplify for me exactly the wrong way to be a liberal. He's strident and stubborn in defending entrenched party positions, while he bends in exactly the places where liberalism can best take the moral high ground. Nonetheless, he's pretty effective and powerful, and we cannot lightly brush him off.

Why must Russ Feingold and his kind be so rare?

Mountaintop Pillage

The naked land reveals the naked truth. The greed of millionaires trumps the health of the poor, the purity of the water, and even the beauty of the hills. In an under-reported story, the Bush administration has made yet another rule change assaulting the environment and enriching the polluters. The practice of mountaintop removal will no longer be hampered by those pesky environmental rules designed to protect our waters.

Photo courtesy Vivian Stockman / www.ohvec.org
Flyover courtesy SouthWings.org

Couched in language which might initially incline a reader to think it is protecting the environment, the new proposed rules actually redefine terms, and reinterpret former acts of Congress, in such a way that mining operations which engage in the surface coal mining technology known as mountaintop removal are exempt from the 1983 requirement that prohibits mining activity within 100 feet of streams. In fact this practice routinely buries streams and valleys by tons of rubble, known as "excess spoil", which is stripped off the top of coal seams running through the tops of hills and mountains in West Virginia, Kentucky, and western Virginia.

The current rule change is subject to a 60-day comment period which will expire on October 23, though those looking for a response to their comment had best post it to OIRA_DOCKET@omb.eop.gov before September 24. Folks at the Ohio Valley Environmental Coalition have created this page of suggestions for citizen action.

So if the rule change is new, then how is it that about 1200 miles of streams have been tainted by this process (700 miles simply buried) since 1992? According to Vernon Haltom of Coal River Mountain Watch,

What happens is the permitting agencies grant variances, and they grant variances just pretty much willy-nilly. All the coal operator has to do is request a variance, and they’re granted pretty easily. Unfortunately, you know, this rule change would remove even that requirement.

The latest rule change is simply the latest in a series of changes which further undercuts environmental safeguards of the Surface Mining Control and Reclamation Act (SMCRA). The lengthy new document, which is actually surprisingly readable, arguably does remove logical ambiguities from the original act, but ever in the direction of allowing practices which are suggested as possible where another part of the Act would logically prohibit them.

Viewing photographs of this obvious desecration, one might wonder why it isn't front page news, frequently reported by the mainstream press. Alternatively one wonders, "Well what's the other side of the story?" In fact Google searches of CNN, ABC News, CBS News, MSNBC, and Fox News consistently turn up surprising few hits on "mountaintop removal", in spite of the fact that is the acknowledged name of the practice. Neither can one find any bevy of editorials supporting this indefensible practice, though occasional editorial support of coal liquifecation technologies implicitly approve the practice, as mountaintop removal (MTR) provides much of today's raw materials for that process.

Furthermore I scoured the online versions of the local press from such places as Beckley, WV and Pikeville, KY. Very little in the way of articles on the process appear, though there were numerous letters to the editor almost unanimously in staunch opposition to the process. The Charleston Gazette did a better job of covering it, with an earlier series, and a recent editorial by Allen Johnson declaring the destruction of the mountains to be a moral issue. Johnson, of Christians for the Mountains, was featured on a recent episode of Bill Moyers' Journal which investigated the issue.

Well then, is it the jobs MTR is providing which is producing such silence on this destructive practice? In fact, it has the opposite effect on employment as the process uses bigger machines and fewer people than traditional mining practices. Vernon Haltom again:

You know, we hear about coal being cheap. Well, coal is not cheap when you consider all the externalized costs that are borne by these communities. It’s really -- it is unbearable. And so what you have, you have depopulation, you have decreased jobs. Mountaintop removal requires fewer miners, and therefore fewer jobs.

Really it boils down to wealth and influence. Don Blankenship, CEO of Massey Energy, has no lack of ties and connections to government and the regulators, while Ed Wiley, citizen of West Virginia, walked all the way from Charleston, West Virginia to Washington, DC, and still could get no hearing. Carmelita Brown can look up the hill at Blankenship's home, and yet her water frequently ran dark brown with contaminants from ground water ruined by Massey's irresponsible mining practices. Only after thirteen years of documenting the contamination and battling the authorities, did Brown and 300 other families get clean municipal water piped into their homes. Of course that doesn't fix the ground water contamination which continues apace, and will only accelerate when this rule takes effect. It doesn't fix the air pollution caused by the blasting which exposes the seams of coal, to the tune of 474,000 metric tons of explosives used in West Virginia alone in 2005.

The Administration's own report (page 3) acknowledges that there were 1079 excess spoil fills approved in Kentucky, 375 in West Virginia, and 125 in Virginia between October 2001 and June of 2005. These are those exemptions already granted for filling in creeks, which will no longer be necessary when the new rule goes into effect. The new language may remove ambiguity about what is and is not allowed (pretty much the polluters can do as they please), but the constraints, now often amount to vague suggestions that excess spoil and adverse environmental impacts be minimized, rather than enforcing specific standards. There remains the constraint that the spoil not be dumped into valleys lower in altitude than the lowest part of the seam to be mined, but that's easily skirted by making sure some mining occurs in a seam lower than the intended dumping area.

The champions of the free market love to claim that market forces can work to protect our environment, but when the distribution of wealth is so extremely skewed it just doesn't work that way. Billionaires buy the regulations they want, and the impoverished are left with no leverage. This isn't supply and demand; it's corruption pure and simple. Lawmakers on both sides of the aisle are on the take, but there is little question that the Bush Administration is front and center when it come to cementing the advantage for the wealthy elite.

Remembering

We were shaken.

We felt united.

We reflected on what was really important.

I say we, because in many ways it felt like "we", however individual and personal my own reaction may have been on that Tuesday morning six years ago. My own resolve to recommit myself to a greater purpose than simply making money and entertaining myself was a personal one, and yet in the days that followed our national tragedy, I held to the notion that out of this tragedy, comparable personal transformations throughout the nation and beyond were planting seeds for transformative movements of which few of us were even yet conceiving.

Much of my usual political filtering was dropped. When President Bush spoke, I really listened, believing that our shared loss transcended our partisan differences. It's not that I expected Bush to become liberal, or suddenly share my views on domestic policy, the environment, social issues, and so forth. But surely tragedy might beget honesty, and shared values could become our focus in response. And I was heartened by much of what I heard. The words were sober. The call on Americans to refrain from scapegoating those of Arab descent were welcome words, worthy of Presidential speech.

We needed a leader, and for the moment, in spite of our political differences, I believed we had one.

Six years later, after more contentious elections, dirty politics, and the usual influence of money on power, it is easy to be cynical and dismissive of the notion that individual transformations, borne of personal reactions to 9/11, might hold any hope for a brighter future. Certainly Karl Rove opportunistically played the 9/11 card to spawn divisiveness, rather than to inspire unity, and others on both sides of the political aisle responded in kind. But in 2006 Rove's plan finally backfired, and while reactions on the surface may all look to be partisan posturing, and the red vs. blue of a divided nation, I wouldn't sell short the power of memory.

I'm not giving up on the idea that personal transformations rooted in one moment may bring fruit in another. Ask not what ideology spawned the transformation or the activity which grew out of it, but rather whether it contributes to a brighter tomorrow. There are now over 300 million Americans. Our potential remains unknown. In the words of Margaret Mead, "Never doubt that a small group of thoughtful committed citizens can change the world. Indeed, it is the only thing that ever has."

America, remember! You are not perfect, nor never have been, but you have long represented the land of the possible. Terrorists and ideologues cannot crush our spirit. Neither should a few missteps in response. Let us respond as befits a great people. Keep hope alive, work together, engage in open dialog, innovate, and thrive.