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December 18, 9:16 PM Current issue: January 2010 · Archive
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Scott HortonBroadcom Prosecution Collapses as Judge Finds Sweeping Misconduct by Federal Prosecutors
Mr FishA Cartoon
Ken SilversteinObama Doing For Climate Change What He Did For Health Care
Gideon Lewis KrausTokeville: On the frontiers of federalism and dope
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From November 1968.



Geopolitical rotisserie leagues–isn’t this how WarGames got started? Admittedly, it’s no “global thermonuclear war” or even tic-tac-toe, but it still seems wrong. Like predicting the next Ron Paul, or acting as an apologist for President Obama’s lamentable foreign policy

No gatecrasher jokes, please, because it’s not funny, it’s just not: Arbeit macht frei sign stolen from Auschwitz; but this kinda is: Vietnamese submariners plying the Pacific in last-generation Russian u-boats; woman crossing the ocean in a rowboat likely has nothing to fear

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On Tuesday, Federal Judge Cormac Carney (an All Pac-10 wide receiver for UCLA before George W. Bush appointed him to the bench) dropped a bombshell in the Broadcom case pending in a federal court in Orange County, California. Prosecutors had built a case against Broadcom founder Henry T. Nicholas III and CFO William Ruehle based on options backdating. The judge dismissed the charges against them, unleashing a torrent of attacks on the prosecutors who brought the case for potentially criminal wrongdoing. Carney’s choicest words had to do with the prosecutors’ bogus case against an engineer, Dr. Henry Samueli:

The uncontroverted evidence at trial established that Dr. Samueli was a brilliant engineer and a man of incredible integrity. There was no evidence at trial to suggest that Dr. Samueli did anything wrong, let alone criminal. Yet, the government embarked on a campaign of intimidation and other misconduct to embarrass him and bring him down.

Among other wrongful acts the government,

One, unreasonably demanded that Dr. Samueli submit to as many as 30 grueling interrogations by the lead prosecutor.

Two, falsely stated and improperly leaked to the media that Dr. Samueli was not cooperating in the government’s investigation.

Three, improperly pressured Broadcom to terminate Dr. Samueli’s employment and remove him from the board.

Four, misled Dr. Samueli into believing that the lead prosecutor would be replaced because of misconduct.

Five, obtained an inflammatory indictment that referred to Dr. Samueli 72 times and accused him of being an unindicted coconspirator when the government knew, or should have known, that he did nothing wrong.

And seven, [sic] crafted an unconscionable plea agreement pursuant to which Dr. Samueli would plead guilty to a crime he did not commit and pay a ridiculous sum of $12 million to the United States Treasury.

One must conclude that the government engaged in this misconduct to pressure Dr. Samueli to falsely admit guilt and incriminate Mr. Ruehle or, if he was unwilling to make such a false admission and incrimination, to destroy Dr. Samueli’s credibility as a witness for Mr. Ruehle. Needless to say, the government’s treatment of Dr. Samueli was shameful and contrary to American values of decency and justice.

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John R. MacArthur is the publisher of Harper’s Magazine.

On December 13, George McGovern published an opinion piece, “With Obama’s Strategy, Afghanistan Looks Like Another Vietnam,” in the Washington Post. He wrote:

I am astounded at the Obama Administration’s decision to escalate the equally mistaken war in Afghanistan, and as I listen to our talented young president explain why he is adding 30,000 troops– beyond the 21,000 he had added already– I can only think: another Vietnam. I hope I am incorrect, but history tells me otherwise.

Joe Klein promptly replied, in his “Swampland” blog at Time, in a piece entitled “McGovern on Afghanistan”:

George McGovern was a world war II hero, a principled politician and absolutely right about the foolishness of the war in Vietnam. He is thoroughly wrong about Afghanistan, though. As President Obama painstakingly explained in his West Point speech, Vietnam is a false–indeed, a facile–anology [sic]. The war in Vietnam was based on lies–the Tonkin Gulf incident–and a false premise, the notion that Vietnam would be the next domino to fall in a communist campaign to conquer Asia. (The total wrongness of this theory was soon demonstrated by the China-Soviet split and subsequent, tacit U.S.-China alliance against the Soviets–as well as a thousand years of tension between the Vietnamese and the Chinese.)

Here’s McGovern’s reply to Klein, emailed to me today. It’s worth a careful read:

The reporter Joe Klein deserves a response to his critique of my objection to President Obama’s decision to send another 30,000 troops to Afghanistan. With the 21,000 the President ordered there earlier plus the 50,000 sent by President Bush, we now have over 100,000 troops assigned to Afghanistan and another 50,000 mercenaries.

I had stated that our growing Afghan involvement reminds me of the Vietnam tragedy. Mr. Klein contends “Afghanistan is different.” I agree that there are differences between the two situations, but there are worrisome similarities.

In each case we have assumed that the complicated political, ideological, ethnic, and nationalistic cross purposes can be straightened out by American troops. It has further been assumed in both Vietnam and Afghanistan that their problems are primarily the responsibility of the US with only token support from other countries.

The people of Afghanistan have occupied a strip of mountainous territory in Central Asia for many centuries. If they are unable to resolve their internal conflicts, how likely is it that even the best soldiers from our distant land can put things aright?

If our country which we all love is to become the world’s policeman, where will we recruit enough troops? Some of our regular army and reservists have been fighting in Iraq and Afghanistan for nearly a decade– longer than WWI and WWII combined. There is a limit to what even superb soldiers like ours can withstand. If we are to play the role of a global police force we should all be involved and that means we should restore the draft and pay higher taxes. We can’t keep using the same soldiers war after war while borrowing money from the Chinese.

Mr. Klein expresses grave concern about tensions and dangers in Pakistan if we were to “abandon the region” by bringing our troops home from Afghanistan.

I am not advocating that we abandon any region of the world (indeed I have long favored normalization of relations including trade and travel with Cuba as I did with China long before that happened). We have competent, fully staffed embassies in Afghanistan, Pakistan and India to help us keep informed of developments in these countries and to pursue our interests. We also maintain economic aid missions in these countries. We are not abandoning a country simply because we don’t have our army there doing battle.

One final point: Even if Mr. Klein were right in calling for us to continue waging war in Afghanistan, we can’t afford it. Thanks to the two wars in Iraq and Afghanistan we’ve built a national debt of 12 trillion dollars. We’re also in the middle of a serious recession. Not a good time for another deepening war.

“President Obama called on world leaders to come to an agreement on climate change, no matter how imperfect,” the New York Times reported today.

The Times also said that Obama “pressed for an accord that would monitor whether countries — primarily China — are complying with promised emissions cuts.” Dean Baker made a good point that should be kept in mind when reading all of the analysis from the climate summit, and about America’s noble effort to save the planet: [MORE . . .]

Last week, a twenty-seven-year-old murder mystery was solved, grabbing headlines around the world. Former Chilean President Eduardo Frei died under mysterious circumstances in 1982, at the age of 71, as he was busily investigating accusations of human rights abuses including torture and “disappearings” by his successor, General Augusto Pinochet. A week ago Monday, a Chilean investigating judge ruled his death a homicide and charged six individuals as conspirators. The New York Times reports:

An autopsy report blamed septic shock after stomach hernia surgery, but a new autopsy this year by University of Chile pathologists identified two chemicals in his body that attack the digestive system — one that is used in mustard gas and another found in rat poison. ”He was injected with toxic substances, which produced other complications that deteriorated his immune system,” Judge Alejandro Madrid told reporters Monday. ”That was the cause of death.”

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From June 1923.
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Jack Bauer and the Cheney Doctrine meet a mysterious bearded man caught delivering suspicious packages:

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I have an article in the January issue of Harper’s called “Shopping for sweat: The human cost of a two-dollar T-shirt,” which looks at the apparel industry in Cambodia. That country promotes itself, with the help of major apparel companies that source from there (like Gap Wal-Mart, Nike and Target) as a model apparel producer. Two years ago, USA Today published an article about how the country had “position[ed] itself as the sweatshop-free producer in a fiercely competitive global clothing market”; Cambodia, a Levi’s executive told the newspaper, “is a special country.”

Despite this pleasing reputation, the labor situation in Cambodia is as bad as in other cheap labor havens. According to a 2008 survey, apparel workers there get paid an average of 33 cents an hour, lower than anywhere in the world but Bangladesh. [MORE . . .]

Yesterday I discussed the the Jeppesen DataPlan case involving the extraordinary renditions program. As that case was being argued, Justice Department lawyers also appeared before the chief district court judge in San Francisco, Vaughn R. Walker, in a parallel case. In Shubert v. Obama, four Brooklynites are suing with claims that they were subjected to illegal surveillance under a Bush Administration program that directed data-mining in collusion with internet service providers and telecommunications firms. The Foreign Intelligence Surveillance Act requires a warrant for precisely the activities that the Bush Administration undertook, making warrantless surveillance a felony. As we now know, Bush Administration lawyers could be found to sanction this, but senior figures in the department threatened to resign—and some apparently did resign—over the blatant criminality of the program.

The Shubert suit was originally filed in the Bush years, but the Obama Justice Department “inherited” the case and has pursued tactics identical to those of its predecessor. (As Mike Isikoff notes, the Holder Justice Department even used the same words in opposing the suit.) The case marshals a great deal of data to establish what went on, including the testimony of engineers who witnessed the installation of “black boxes” by the NSA providing the physical capacity for the warrantless surveillance, and a series of scientific papers discussing technical aspects of the program. There is no doubt that other nations around the world already know in great detail how this system works, and indeed some have duplicated it to spy on their own citizens. There is also no doubt that the spies and terrorist organizations that are particular targets of the program have a good understanding of the program. In claiming “state secrets,” then, the government’s principal object must be to keep it secret from the American public. [MORE . . .]

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From June 1923.



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The Holder Justice Department continued its quest to keep the Bush Administration’s program of extraordinary renditions out of the public eye with oral argument before the en banc Ninth Circuit Court of Appeals on Tuesday. So far the district court bowed to the government’s request to toss the suit out of secrecy concerns, while an appeals court panel saw through the government’s threadbare arguments and reversed, ordering the case to go to trial. The government responded by asking for the entire court of appeals to look at the question.

The “state secrets” doctrine is legitimately invoked to protect military and diplomatic secrets essential to the nation’s security. In this case, Justice Department lawyer Douglas Letter argued, “We are not asking you to do anything radical here.” But that was only the first in a series of whoppers he produced as the argument proceeded. This case revolves around Jeppesen DataPlan, Inc., of San Jose, a Boeing subsidiary, which played a focal role in the renditions program. This was disclosed when a number of employees at Jeppesen, correctly convinced that the company was asking them to engage in a criminal enterprise, blew the whistle. Jane Mayer then published a comprehensive exposé of Jeppesen’s role in the program, under which individuals were “snatched” around the world, taken to black sites, and frequently tortured and abused for periods of months or years. So when the government talks about “state secrets” you have to remember that they are no longer “secret.” What it’s really talking about is immunity from suit or accountability for wrongful acts. Listen to Glenn Greenwald’s interview with plaintiff’s counsel Ben Wizner on just this point here. [MORE . . .]

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From the October 2009 Harper’s Magazine.

Gideon Lewis-Kraus’s last article for Harper’s Magazine, “The Last Book Party,” appeared in the March issue.

It was northern California in the warm, early spring, and we had been at war in Iraq for years, and the bright protest marches—which had begun in self-congratulation at City Hall and ended in heirloom produce and unpasteurized chèvre at the Ferry Plaza Farmers Market—had faded from memory, and a great many people who might in another era have cared about illegal foreign wars or grave threats to civil liberties had been outraged into apathy by the unrelenting malevolent ineptitude of their government and had again become preoccupied with their live-work loft spaces and the vesting schedules of options and how best to “monetize eyeballs.” And whereas their forebears, in a bygone time, might have been found in Golden Gate Park scoring grass from which seeds and twigs had to be charily picked, our contemporaries were pleased to take the state of California up on its gracious proposition of Compassionate Use and relieve their chronic white-collar neck pain with top-shelf industrial-grade medical marijuana, purchased semi-legally and with post office–like convenience in the shabby boutiques increasingly blacking out shop windows all over town. What seemed clear was that the federal government had at some point become a distant and obdurate entity, and yet California, in its generous cannabinoidal dispensation, had achieved an almost alarming level of sensitivity to its subjects’ sense of well-being. So I decided to leave San Francisco for the mountains, or rather the nearer-by hills, where the people were growing this state-sanctioned marijuana and were apparently making a lot of money doing so, and I thought I’d stay around a while and try not to make any enemies.

Despite the rhetoric of the Drug Enforcement Administration and other anti-pot scolds, much of the decriminalized marijuana that is sold at local “cannabis clubs”—at least in the neighborhood where I then lived in San Francisco—can be traced not to Levantine assassins or shiftless Mexicans but to some bearded men and pajama-draped women just a few hours northeast, sitting in the street at the unpatrolled dead end of a six-mile tether of steep county-maintained road. I had come up here, to Washington, California, in Nevada County, because it was as proximately remote as one could get and I had heard that some of these people were growers—pot is almost certainly the county’s largest cash crop, as it is for most of the region—and furthermore I had heard that there was a smart young postmaster who might be able to point me in their direction. When not sitting in the road, the people live in weathered stone dens and tin-roofed shacks that huddle along the peeling shale banks of the South Yuba River. Half a mile of sugar pine and incense cedar above these homes, Highway 20 loops down from Truckee on its way to the bed-and-breakfast districts of historic Gold Country. The hundred-odd citizens of Washington switchback out of the canyon and head west into “Big Town” only when they have no other choice. Big Town is Nevada City, a village of 3,000 people in the sunlit uplands between Lake Tahoe and the Bay Area, and it bumbles along expensively with former hippies made good, or at least wealthy. The residents of Nevada City—who trade in generically mystical trifles and refurbished Victorians—tend to think that the people up in Washington who sit in the road and glower at strangers are a gang of crank addicts and murderers.

Some of them might indeed be crank addicts and murderers, but that is mostly not the case. (The crank-cookers bivouacked by the river were run out of town some years ago by Campground Don.) The people glowering in the road between the Washington Hotel and the Trading Post are just hard up: pensionless hippies and veterans and assorted itinerants here for miscellaneous reasons. But they all have, as the saying once went, turned on and dropped out, indeed dropped out with crowning success, and they regard the outside world with suspicion. “If you don’t smoke pot when they offer it to you,” warned a squinting gentleman named Tiedye Bob, “they’re going to think you’re a narc, and they won’t talk to you. There are a few things you’re going to have to do to get people to talk to you around here: smoke their pot, tell ’em their pot is the best you’ve smoked, and be seen talking to the old-timers.” The chief importance of the canyon’s old-timers is that they do the job of appearing connected to something more solid than their own vagrancy. Of chiefer importance is marijuana. In Washington there is not much to do and nobody to keep you from doing it. But here marijuana provides as much of a footing as it does an escape. Pot, in ways both obvious and unexpected, connects Washington to what’s beyond the canyon—those who consume it and, more important, the government that equivocally permits its use. If either antagonist in California’s pot controversy got its way—that is, if pot were fully legalized or once again criminalized—it is hard to imagine not only how the residents of Washington might fill their days but also how they would think of themselves. [MORE . . .]

Tim Fernholz of the American Prospect wrote me an email complaining about an item I wrote yesterday, which questioned the motives of those attacking Matt Taibbi’s piece on Obama in Rolling Stone. The critics (including Fernholz), I wrote, “seem to either not like him [Taibbi] personally or perhaps they just can’t bring themselves to face what’s obvious by now, namely that if you’re a liberal Democrat, the Obama years are going to be a huge disappointment.”

Fernholz wrote to say: “You don’t need to do any amateur psychology to divine my motives for writing about this story: It’s not because of some personal beef I have with Taibbi, who I don’t know and whose previous work I’ve enjoyed, or some special affection I have for the Obama administration (if you bother to read my work, especially on economic policy, much of it is criticism of the administration). The reason I’m criticizing Taibbi’s story is because I think the story is wrong. Is that so hard to understand?” [MORE . . .]

The Salt Lake City Tribune tells the tale of Helen Rappaport, a Utah woman who went shopping at Costco shortly before a Sarah Palin book signing event at the store:

While going through the check-out lane, again with no wait, she told the clerk she forgot to get some grape tomatoes, which she loves, so she would be right back. That’s when the bells went off.

The clerk told her they had no tomatoes that day. No tomatoes? At Costco? As she was leaving, she noticed a man with a store manager’s name tag and asked him why they had no tomatoes. He informed her the store did have tomatoes, but they were taken off the shelves for a few hours.

It turns out that Palin had been pelted with a tomato at an earlier stop on her book tour and the management at the Costco was determined it wouldn’t happen here.

I mentioned in a post yesterday that liberal bloggers tend to exempt President Obama for blame over the failures of his administration. Some times it’s said that Obama inherited a gigantic mess and it’s not fair to expect him to quickly solve the country’s problems. But most presidents inherit a mess (admittedly not often as big as the one handed off to Obama) and the man did run for president. If the job was too big for him, he shouldn’t have placed his name in nomination.

Even less convincing is the argument that Obama can’t get anything done because of a weak Democratic congress. Fine, it’s a lousy congress, but the president sets the tone and signals his priorities. As I noted yesterday, Obama was a big backer of the Employee Free Choice Act (EFCA) when on the campaign trail (when he needed union votes). He’s barely mentioned it since taking office, and so that central demand of labor has gone nowhere. That’s not all the fault of Congress. [MORE . . .]

John R. MacArthur is publisher of Harper’s Magazine and author of the book You Can’t Be President: The Outrageous Barriers to Democracy in America. This column originally appeared in the December 16, 2009 Providence Journal.

Following President Obama’s war speeches at West Point and Oslo— two breathtaking exercises in political cynicism that killed any hope of authentic liberal reform— I’ve got only one question: Have the liberals who worshipped at the altar of “change you can believe in” had enough? [MORE . . .]

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From April 1968.



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From the November 2009 Harper’s Magazine. Frederick Seidel’s Poems 1959–2009 was published last spring by Farrar, Straus and Giroux.

My father was a hunchback. He had an accident on his bicycle when he was a child, which ended with his falling into a coal cellar, a fall of thirty feet from the sidewalk. There was an irony in this in that his family was in the coal business and he himself became the coal baron of the large industrial city where he lived, the foremost city in America for making shoes and beer. He had been an athletic daredevil of a kid, and he stayed athletic despite his injury. He was also a stoic. When the accident happened, and he fell to the stone floor far below, he lay there for hours, twelve years old, and then picked himself up, with a broken back, somehow got back up to the street, and walked across the city to his house, where he told no one what had happened. He walked with a broken back all the way home, where the only person who noticed that something was wrong with him was his older brother. He was made to go to a doctor, who put him in bed and put him in a tight corset, a torture chamber my father refused to wear. So the story went. My father never talked about the accident, not once. His refusal to keep the corset on, so the story goes, resulted in his hunch and his stunted growth. He had the large fine hands of a tall man, and a large handsome head, on his shortened body. He remained a gifted athlete, as I said, excelling at handball and golf, quick hands, good eyes, fast of foot. I used to marvel at the dozens of custom-made suits he had, which stylishly disguised the hunch. Once, when I was in Paris, eighteen years old, and tempted to buy a motorcycle, but needing money from home to do so, my uncle who had heard about this pleaded with me not to. My father, he said, would never bring it up, but his childhood accident would mean he would be terribly concerned for me. The bike I was thinking of buying belonged to a friend. Before I could buy it, I crashed on it, riding as a passenger behind my friend, with a beautiful girl squeezed in between us, three on a bike, a Triumph, going far too fast, all of us drunk, around Place de la Concorde, and slipping out of control on the wet cobbles at 4:00 a.m. Pardner, don’t get on a motorcycle with drink in you.

i. robin’s-egg-blue chopper and sandy moon

I rode an Italian road-racing bicycle in New York City in 1966 that when I wasn’t riding it hung on two spikes driven into the front hall whitewashed brick wall of my house on East 93rd Street. Tom Avenia, an Italian in Harlem, an Italian American in unwelcoming Harlem, sold me the bike, an all-chrome Fréjus. His shop was the shop for serious bicycles. I bought the Fréjus for its beauty. I rode it to sit on beauty and go fast. But it didn’t go fast enough. And the drivers in New York were dangerous. They weren’t used to bicycles sharing the street with them and didn’t always like it and sometimes made it clear with their cars that they didn’t like it by aiming for you. My beautiful Fréjus was swift, but the streets were pocked with potholes and the cars were unfriendly. To go fast on two wheels was the point. To go fast on two wheels is the point of life, isn’t it? So I began to think about going even faster. [MORE . . .]

I was in Europe meeting with a crowd of academics and NATO officers when Barack Obama delivered his Nobel Prize acceptance speech in Oslo. I had the impression that his speech was followed closely and received very well, but also that there was some anxiety over whether Obama’s conduct would match his words. That was particularly the case among those committed to the North Atlantic alliance—a military organization that has been the cornerstone of U.S. security efforts since the conclusion of World War II, and which today seems struggling for a purpose. Obama did not articulate a purpose for the alliance in his speech—it would indeed have been the wrong place and time for such a step—but he did begin to lay the foundations for that.

In the fantasy world of the American right, Europe is a zoo of the frivolous and feckless, filled with naïve pacifism and disrespect for America. In the real world, Europe cannot be profiled simply, but it has a complicated love-hate relationship with America and substantial concerns about its own security in a transformed threat environment. Europeans long for the America they came to love at the close of World War II, a nation prepared to act selflessly and in a principled way, and a nation that understood its position as a leader among nations it respected. They long for an Atlantic ally that is committed to lead and not act alone in half-baked military escapades. That is the Europe that picked Obama for the Nobel Peace Prize, out of a hope and expectation that he would forge renewed bonds of common purpose in seeking security—not because of any actual accomplishments in peace-making. [MORE . . .]

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January 2010

THE CHURCH OF WARREN BUFFETT
Faith and Fundamentals in Omaha
By Mattathias Schwartz

SHOPPING FOR SWEAT
The Human Cost of a Two-Dollar T-Shirt
By Ken Silverstein

MY PAIN IS WORSE THAN YOUR PAIN
A story by T. C. Boyle

Also: Charles Bowden, Ralph Ellison, and Francine Prose on Robert Frank's Americans

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