Archiv für Februar 2010

Attorney-General-Client Privilege

Q: Attorney General Ashcroft, why have you called this press conference?

A: I want to let the country know that the DOJ will now be monitoring attorney-client conversations. I know this makes many people uncomfortable, so I just want to be perfectly open and clear about any questions you may have.

Q: Some people are saying that this will systematically lead to unjust trials. What is your response?

A: To that I say, “Wake up people: It’s called the Department of Justice. That’s the complete opposite of unjust.” A more serious question, please.

Q: Mr. Ashcroft, how does this new move, considering its immediacy and relative unilateralism, square with our Constitutional Rights?

A: Ah. So, some of you might be concerned about the Constitution. The President and I are aware it says a few things and has some good points, and the Sixth Amendment is in there and centuries of case law and so on and so forth. I know this “Constitution” took years to write, several states almost refused to ratify it because the Bill of Rights wasn’t strong enough, we fought a couple of wars over what it means, and it was the crowning achievement of some of the greatest political minds in human history, but I want everyone to know, I, John Ashcroft, have a plan. And I have gone over it with several other people who are my employees.

In order to make sure that nobody’s Civil Rights are violated, each attorney whose phone we tap is going to have a special team assigned to him or her. The members of this team have been genetically engineered so that they don’t get selfish, ambitious, angry, hysterical, or vengeful. And, they always have all the necessary information about everything, and they know exactly how to apply it. And these special teams will make sure that nothing improper happens to the attorney they’re listening in on, unless there is an emergency. As determined by the president of the Carlyle Group. Who is a very nice guy, though not genetically engineered.

Q: Mr. Attorney General, how do these new standards compare with the old ones?

A: Some people are worried because of these administrative changes that we’ve made. Let me just go over those. It used to be that we could monitor attorney-client discussions, but there had to be a clear danger that unmonitored communications could lead directly to property damage or loss of life, and a judge had to approve this. In the wake of September 11, as you know, things have been a little different. Some days are “Code Yellow”, and some are “Code Red”, the FBI has made several bad predictions, including the one about the impending attack against the bottom of Lake Michigan, and the recent warning that “something bad is about to happen.” We’ve gotten rid of the INS, and the budget surplus was starting to behave suspiciously, so we got rid of that too. In short, things are pretty chaotic, and the Federal Government could use some reliable information.

So, we came up with this: instead of an imminent-danger standard and judicial review for attorney-client monitoring, we’re changing over to a you-have-a-beard standard, to see if that helps. Maybe these defense attorneys know something? We’ll find out, at any rate. Clients say some pretty funny stuff to their lawyers, may I just say. Oops! I think I just violated attorney-client privilege! (audience laughs)

Q: The Lynne Stewart case has become the judicial test for your new standard. Assuming Lynne Stewart needs to hire an attorney; will you be monitoring communications between the two of them as well?

A: Keep in mind two things. First, the burden of proof standard we have in this nation: You are innocent, until it is proven beyond a reasonable doubt that you made suspicious comments to your attorney. Second, I believe very strongly in possibly respecting attorney-client privilege on some kind of voluntary basis, but I know of nothing which provides for an attorney-attorney privilege.

Q: Mr. Ashcroft, President Wilson and his Attorney General during World War I supported legislation that infringed heavily on freedom of speech in order to catch German spies. It was very much done in the name of wartime emergency. But the people who ended up going to prison under these new laws weren’t German spies, but labor leaders and socialists. In other words, the political undesirables du jour. What makes you think this crisis will be any different?

A: Again, we have made every preparation. Remember: special teams, genetic engineering, President of Carlyle Group.

Q: What else is the Department of Justice doing to ensure our safety?

A: We’re working on a proposal to quarter troops in private houses. America, please don’t worry. I have a plan.

THE NEXT STEP

Beginning on March 9, thousands of voters in Zimbabwe waited patiently in mile-long lines to cast their ballots. At the close of the election on March 11, after polling locations had been kept secret until the last minute and the number of polling stations in opposition areas had been halved, many of them discovered their time had been wasted.

This is how incumbent President Robert Mugabe, in power since independence in 1980, dealt with calls from Zimbabwe’s electorate and the international community for democratic elections. Elections were held, but they were far from free and fair.

If there is one thing that characterizes the independence movements in Southern Africa, it is that they are incomplete. From Tanzania to Angola, and as far south as South Africa, countries are struggling to take that crucial post-liberation step: multi-party democratic rule. Liberation parties still dominate politics even in countries that conduct relatively fair elections, like South Africa; and the desirability of contested elections is not widely agreed upon by southern African leaders. They often believe that those who facilitated liberation won the right to rule the country indefinitely; any who oppose them are trying to undo the revolution, undermine unity, or are the puppets of neo-colonialism.

The problem, as far as the incumbents are concerned, is that now electorates are demanding change. How will Africa’s aging liberation leaders cope with this growing desire for change? A look at the recent elections in Zimbabwe is not reassuring.

In the months preceding Zimbabwe’s election, Mr. Mugabe did everything in his power, short of conducting open massacres of the opposition, to ensure his victory. (Not that he is above mass violence: between 1980 and 1988 he approved the killing of more than 7,000 villagers, many of them unarmed, in the dissident Matebeleland province.) Since 2000, Mr. Mugabe has faced a renewed and serious challenge from labor leader Morgan Tsvangirai, head of the main opposition party, Movement for Democratic Change (MDC).

Mr. Tsvangirai’s campaign slogan was simple and effective: “Change,” to which Mr. Mugabe responded by pushing a cowed Congress to approve a law making it illegal to speak out against him. Mr. Mugabe’s campaign employed such time-honored tricks as paying bands of unemployed teenagers to roam the countryside harassing and beating opposition supporters, and inventing charges of treason against Mr. Tsvangirai his associates. Mr. Mugabe saved his best for the election itself, when the actual poll closures and vote-rigging took place. It is not surprising that UN elections monitors denounced the elections as unfair, nor that Western governments around the world condemned Mr. Mugabe’s strong-arm tactics and refused to recognize his victory.

WIN AT ALL COSTS

Mr. Mugabe appears determined to hang on to power even at the cost of a near total withdrawal of Western aid and foreign investment. By mid-February, a month before the elections, the EU and the U.S. each had imposed economic sanctions on Zimbabwe and slapped travel sanctions on leaders of Mr. Mugabe’s ZANU PF party. As the end of the elections have found a victorious and unrepentant incumbent, Zimbabwe found itself isolated from the international community. The Commonwealth (with the support of a reluctant South Africa and Nigeria) voted to suspend Zimbabwe’s membership on March 19. Europe and the U.S. have withdrawn all official government aid to the country.

All this came at a time of dire economic need. Since the late 1980’s the growth rate has continued to plummet at an abysmal annual rate of -6.1 percent this year; unemployment is over 50 percent; and inflation has almost doubled in three years to 60 percent. Government spending is double that of its tax revenue, and Mr. Mugabe is placating his military with wage increases and a costly participation (yet lucrative to the generals) in the Congo’s civil war.

Furthermore, Mr. Mugabe’s campaign promise to intensify his brutal land reform policy may guarantee support from rural voters, but it has cemented the already enormous loss of investor confidence and decimated agricultural productivity. Since 2000, Mr. Mugabe has sanctioned the acquisition, without compensation, of white-owned farms. White-owned farms were obtained through racial preference policies under colonial British rule, but they were at least productive: most of Zimbabwe’s industrial farming took place on white-owned farms. Under Mr. Mugabe’s land redistribution policies, much of the confiscated land was given to his political cronies and lies fallow today. Peasant families lucky enough to receive land cannot farm it productively due to their lack of the financial resources necessary to buy essentials like fertilizer or machinery.

As a result, production of maize, Zimbabwe’s main staple, has dropped significantly since 2000. A 2001 report from the United Nation’s Food and Agriculture Organization notes that, coupled with a long drought in the region, “the decrease (in food supply) was mainly due to a reduction of 54 percent in the area planted on the large-scale commercial farms, as a result of disruption by land acquisition activities.” By most estimates, crops this year should yield little over half of the 1.8 million tons of maize needed to feed the population.

Government officials admit that three quarters of the population live in poverty, and that for the average worker, wages are lower now than they were under colonial rule. Add this to the highest HIV infection rate in the world, and it is no wonder that the people are demanding a change.

A MODEL FOR SOUTHERN AFRICA?

The world has watched Zimbabwe’s elections closely, and many wonder how they bode for other southern African liberation leaders, many whom face elections in 2004. The elections monitoring delegation from the Organization of African States almost unanimously (with the only opposition coming from Namibia) declared the elections free and fair. It is puzzling that both South Africa and Nigeria, whose elections monitors were both in this camp, voted less than a week later to suspend Zimbabwe’s membership in the Commonwealth.

It has been posited that the southern African nations feel compelled to show a united front and prefer to conduct their diplomacy in private instead of in front of the global media. This may in part be true, as shown by the subsequent number of private meetings between Mr. Mugabe, South African President Thabo Mbeke, and Nigerian President Olusegun Obasanjo. And there is certainly a lot of respect for a man who struggled for many years to oust the British, as Mr. Mugabe did. He also has provided a great deal of support for neighboring liberation movements.

Namibia and South Africa are both scheduled for elections in 2004, and both are still ruled by their original liberation parties-SWAPO in Namibia and the African National Congress (ANC) in South Africa. Mr. Mbeki’s reluctance to criticize openly Mr. Mugabe’s electoral tactics could be interpreted as a dangerous hint of what is to come for South Africa’s democracy, should he face serious opposition.

Namibia’s president, Sam Nujoma, has been in power since 1990 and it is unclear whether he will respond favorably to opposition. In 1998 he changed the Namibian constitution to extend the number of presidential term limits, allowing him a third consecutive term. Like Mr. Mugabe, he ushered through legislation restricting press freedom. In the year prior to the 1999 election, The New York-based Committee to Protect Journalists noted at least six incidents of legal intimidation of journalists who spoke critically of the Mr. Nujoma. Given his apparent unwillingness to relinquish power, it is telling that the sole objector to the Zimbabwe elections was Namibia. Kaire Mbuende, the leader of the observer team from Namibia, said, “To those of us to whom this hasn’t come, this election is a warning: adapt or die. The challenge for the liberation parties is to be relevant to the new environment.”

The situation in Angola, the most war-torn country in the region, is even more dismal. Angola’s civil war erupted again after its first multiparty elections in 1992, when President Jose Eduardo Dos Santos (first elected under a one-party system in 1979) refused to hold a run-off with Jonas Savimbi, the head of the UNITA party, after a close election. The recent death of Mr. Savimbi in armed conflict has led to a peace agreement between UNITA rebels and the Dos Santos government, but the next elections have yet to be announced. Some people fear that the ruling party alone will now be able to shape Angola’s future without the input of other factions of society.

Tanzania’s government in Zanzibar is likewise run by its original liberation party, and has conducted two contentious elections since 1995. The ruling party won each time, and international elections observers voiced concern over “voting irregularities” similar to those in Zimbabwe: polling stations opened late or not at all, vote rigging, and so on. Bomb and arson attacks on government buildings followed the October 2000 elections. A protest in January 2001 left at least 35 members of the opposition party dead and 600 wounded when police fired indiscriminately into the crowd of protesters. The ruling Chama cha Mapinduzi party has yet to reprimand police and security forces for their abuses on that day; Human Rights Watch estimates that over 2000 Zanzibaris fled to Kenya in 2001.

Clearly, many of southern Africa’s liberation movements have failed to bring their people the real fruits of independence: the right to choose their governments, and hold them accountable for furthering the well-being of the population. Indices of economic development in Africa lag behind those of most every other part of the world. Angola has oil reserves, and many other southern African countries enjoy an abundance of natural resources. It is up to the governments to ensure that these resources are properly exploited and the benefits not only distributed fairly among the population, but also used productively to build needed infrastructure for education and public works projects.

If these are not priorities for southern African governments, no amount of development aid will help them. Electorates must be able to hold their governments accountable for these responsibilities. The New Partnership for African Development is a step in the right direction: Headed by Senegal, South Africa, Nigeria, Egypt, and Algeria, it is a plan to achieve sustainable development on the continent by ending conflict, improving economic and political governance, and strengthening regional integration. Through cooperation and a true commitment to democratic change, the countries of southern Africa have a chance to provide their people a way out of the desperate situations that many find themselves in.

48 Hours in Caracas

The whirlwind events of April 13-15 spell uncertainty for the Future of Hugo Chavez and Venezuela and the United State’s relationship with each.

by Gustavo A. Mata and Victor Pineda
The trajectory was uneasily similar: massive demonstrations, overreaction by the government, the intervention of the military, and another Latin American leader overthrown. So it seemed last month to leaders across the Western Hemisphere, when Venezuelan president Hugo Chavez was toppled and swept back into power over one weekend, reinvigorating memories of the bad old days in Latin American politics.

Despite the massive demonstrations and considerable public discontent with Mr. Chavez, the coup was masterminded by business interests, as was evident by the appointment of Pedro Carmona Estanga as head of the “transitional” government”. Before his ill-advised power grab, Mr. Carmona was the president of the National Business Chamber (Fedecamaras), Venezuela’s summit business organization.

HOLLOW AT THE CORE

Immediately after assuming power, Mr. Carmona committed a series of political blunders that ensured his doom and gave Mr. Chavez the opening he needed to resume office. First, Mr. Carmona dissolved the National Assembly and ordered the arrest of a number of public officials that supported the former president. He went on to roll back some of the popular social programs implemented by Mr. Chavez, including a 20 percent payroll increase for public employees. For his finale, Mr. Carmona invalidated the Constitution of 1999, which an overwhelming majority of Venezuelans had approved in a national referendum.

Mr. Carmona might have survived despite these measures if his appointments had been more judicious. He excluded two powerhouses in Venezuelan politics, Accion Democratica, one of Venezuela’s traditional political parties, and the National Confederation of Labor (CTV). Shutting the door in the CTV’s face was a particularly curious decision, given that Fedecamaras and the CTV have enjoyed good relations for the past fifty years. They were united in opposition to Mr. Chavez, even combining to organize three general strikes against the government in the past year, including the April 10 strike that culminated in Mr. Chavez’s ouster. Such a convergence of interest of business and labor is rare in politics, but Mr. Carmona evidently felt his position was strong enough to exclude a powerful ally. According to political scientist Jesus Herrera from the Universidad Simon Bolivar in Caracas, Carmona’s dismissive attitude toward such powerful political forces shows the extent to which his government was dominated by elements of the extreme right.

In the end, these self-imposed internal schisms brought down the Carmona government. When he dissolved the National Assembly, armed forces chief General Efrain Vasquez threatened to withdraw his support. Mr. Carmona reconsidered his decision and suspended the inauguration of his new cabinet. Now Mr. Carmona appeared weak in addition to high-handed: Dr. Herrera suggests that it appeared that the real power lay with General Vasquez.

Meanwhile, on the day after the coup (April 13) Chavez supporters surrounded the presidential palace and demanded his return. Mr. Carmona was forced to leave the palace and move to Fuerte Tiuna, a military base in Caracas. Concurrently, military bases in the cities of Maracay, Valencia and Barquisimeto rebelled against Carmona’s government and threw their support behind Mr. Chavez.

Upon being removed from office, Mr. Chavez had been sequestered and taken to four different locations, until he finally arrived at the Isla de la Orchila, an island in the Caribbean. When Mr. Carmona fled, Mr. Chavez was released by a group of loyal paratroopers. He returned to the presidential palace in the early morning of Sunday, April 14, barely catching his breath before he declared triumphantly in a press conference, “to God what belongs to God, to the Caesar what belongs to the Caesar, and to the people what belongs to the people.”

THE INTERNATIONAL RESPONSE

As soon as he assumed power, Mr. Carmona announced that Venezuela would pursue its own interests in the Western Hemisphere ahead of its commitments to the Organization of Petroleum Producing Countries (OPEC). In other words, Venezuela would no longer adhere to OPEC’s production quotas and threaten the effectiveness of the cartel. Mr. Carmona went on to announce a moratorium to Venezuela’s shipments of oil to the state of Cuba.

The policy shift played well to American audiences. With turmoil in the Middle East threatening oil prices (which rose sharply in April), the prospect of Mr. Carmona deviating from OPEC collective action appealed to nervous American businessmen. And even apart from omnipresent oil rows, the U.S. government has had its own problems with Mr. Chavez. The Venezuelan president has been an outspoken advocate for third-world countries, and maintains warm relationships with pariah states Libya and Cuba. Mr. Chavez was the first head of state to visit Iraq after the sanctions were imposed. He spoke out publicly against the U.S. war in Afghanistan, and refused to provide the American government access to the private records of thousands of Arab-Venezuelans.

Mr. Chavez also has been a continual thorn in the side of American efforts to promote free trade in Latin America. He has criticized the Free Trade Area of the Americas (FTAA) negotiations, and he reluctantly signed the hemispheric Declaration of Quebec because he thought it promoted representative democracy instead of the participatory type.

When news of the coup reached the U.S., the Bush administration sent conflicting messages: it stopped short of endorsing the coup, but it blamed Mr. Chavez for his troubles rather than condemning the undemocratic transfer of power. Apart from El Salvador, the U.S.’s voice was alone in the Western Hemisphere in failing to denounce the coup. Instead, the U.S. held to the line that Mr. Chavez had “resigned” (albeit under pressure) as a result of popular pressure.

Although Venezuela’s neighbors have been critical of Mr. Chavez, Chile, Mexico, Peru, Costa Rica and the European Union expressed concern for the manner in which the transition was orchestrated. Mexico, Peru, Argentina and Paraguay refused to recognize Mr. Carmona’s government until free elections were held.

THE AFTERMATH

On the Monday following the turbulent weekend, Mr. Chavez alleged that he had seen private airplane with U.S. markings when he was being held at the Isla de la Orchila; he plans to conduct an investigation. Venezuelan journalists reported more plausible U.S. involvement, writing that the organizers of the coup met with the U.S. Ambassador, Charles Shapiro, in Venezuela prior to the coup. The U.S. government confirmed that the meeting took place but denied that the Bush administration had anything to do with the coup preparations.

Upon the return of Mr. Chavez, National Security Adviser Condoleezza Rice chided him for failing to heed the Venezuelan people’s message that his policies “were not working” and that he had dealt with them in a “high-handed fashion”.

Calling for national reconciliation, Ms. Rice said: “We do hope that Mr Chavez. . . takes advantage of this opportunity to right his own ship which has, quite frankly, been moving in the wrong direction for some time.” While Venezuelans wait to see where their destiny will take them, Mr. Chavez must practice the political flexibility Mr. Carmona so sorely lacked if he is to unite Venezuelan society and regain international confidence.

George W. Bush’s unilateralist tendencies contradict his father’s vision, and threaten American goals in the long term

George W. Bush’s unilateralist tendencies contradict his father’s vision, and threaten American goals in the long term

by Ansel Halliburton
More than a decade ago, history changed course faster than anyone could have predicted. The Berlin Wall fell, the Iron Curtain lifted, and Soviet power crumbled just two years later. The Cold War ended and the world entered a new, uncertain era. Then-U.S. President George H. W. Bush seized the opportunity to proclaim a “new world order,” which was to be characterized by unprecedented international cooperation and peace. True to his words, the United Nations, international law, and international trade each have flourished since the end of the Cold War.

The president’s vision seemed promising until September 11, 2001. When terrorists crashed hijacked planes into the World Trade Center and the Pentagon, the course of history took an unexpected turn once again. Few doubted that the devastating attacks on America would have far-reaching consequences for the entire world, and as the U.S. government built a global coalition against terrorism, a new order began to take shape.

Like his father, George W. Bush is trying to construct a new world order at a turning point in history. The new new world order, however, is entirely different from what George H. W. Bush proposed. Where Bush the father declared, “A world where the United Nations, freed from Cold War stalemate, is poised to fulfill the historic vision of its founders,” Bush the son speaks of combating an “axis of evil.” The present Bush Administration has determined to make American power the dominant force in world politics, and that the U.S. will do unilaterally what it cannot accomplish multilaterally. During its first year in office, the Bush Administration acted alone in scrapping the Anti-Ballistic Missile Treaty and promoting national missile defense over the protests of the international community.

Unilateralism continued to characterize U.S. policy in the wake of the terrorist attacks. In his State of the Union speech on January 29, President Bush characterized Iran, Iraq, and North Korea as an “axis of evil, arming to threaten the peace of the world.” His rhetorical flourish touched off a firestorm of international debate, but, more importantly, it placed weapons proliferation on the same tier as terrorism. The list of potential U.S. military targets has been extended beyond terrorist groups to states developing and selling weapons of mass destruction. Secretary of Defense Donald Rumsfeld defended the President’s “axis of evil” rhetoric, calling it “useful” to put a moral spotlight on the three regimes, while not revealing any immediate plans for military action.

The combination of U.S. unilateralism and the extension of the war on terror to include weapons proliferators is a potent mixture, and it marks a departure from previous policy. Frustrated with slow progress on U.S.-Russian nuclear weapons cutbacks, the Bush Administration has advanced a policy of “unilateral but parallel” force reductions. At the same time, it has revisited the idea of “usable” nuclear weapons, attempting to build a new concept of deterrence for the post-Cold War era. In practice, this reliance on unilateralism has irritated allies and adversaries alike.

DETERRENCE FOR THE NEW MILLENNIUM?

While the security environment changed dramatically since the demise of the Soviet Union, nuclear deterrence policies have remained in limbo because of deadlock with Russia, as well as disagreements inside the White House and the Pentagon. Even though the U.S. and Russia are no longer adversaries, both countries maintain thousands of nuclear weapons poised to strike each other. China also possesses a limited strategic nuclear arsenal with sufficient range to strike the U.S. Apart from the usual suspects, an estimate produced by the National Intelligence Council and published by the CIA in December concluded that by 2015, North Korea, Iran, and Iraq-the three “axis of evil” states-could have ballistic missiles of their own capable of striking U.S. territory.

Portions of the Defense Department’s Nuclear Posture Review (NPR), leaked to the press in January, describe the potential use of U.S. nuclear weapons against seven countries, including the so-called “axis of evil.” Members of the media and advocacy groups have focused narrowly on this fact, interpreting the NPR as a step toward lowering the threshold for using nuclear weapons.

The actual situation, however, is more complex, and the media’s simplified interpretation does not do the NPR justice. The review was undertaken to reassess U.S. strategic nuclear forces in the new security environment. It established a broad strategy and force structure rather than specific target lists or exact numbers of warheads. At a January 9 Pentagon news conference on the NPR, J.D. Crouch, Assistant Secretary of Defense for International Security Policy, described the need for a “capabilities-based force” which could meet the demand for “greater flexibility for a range of contingencies that will be harder to know” in the future.

The September 11 attacks, and the U.S. military deployments that followed, lend credence to Crouch’s view. Al-Qaeda, the terrorist organization blamed for the terrorist attacks on U.S. soil, is a stateless and highly diffuse organization. (Indeed, it learned many of its tactics, ranging from organizational compartmentalization and secrecy to evasion of spy satellites, from the CIA during the Soviet occupation of Afghanistan in the 1980s.) The Pentagon, often accused of fighting the last war, was not oriented toward this type of threat. In fact, the NPR concedes that nuclear weapons have little role in fighting the terrorist threat, and the force structure it recommends relies heavily on improved conventional forces and intelligence capabilities for that purpose.

It can be argued that in the 1990s the U.S. demonstrated its total dominance of conventional warfare. In a matter of days, U.S. military might, projected to the other side of the world, all but obliterated the Iraqi army, previously one of the world’s largest. In 1999, U.S. air power was decisive in the NATO campaign in Slobodan Milosevic’s Yugoslavia, winning the war without deploying any ground forces at all. After these experiences, and the knowledge of the overwhelming power of the U.S. nuclear arsenal, few are likely to challenge the U.S. openly. While the NPR rightly refers to the deterrent effect of America’s strong conventional forces, this deterrent is still oriented toward more conventional threats.

POLICY FAILURE

Although the Bush Administration’s defense policies are unlikely to win America any new friends, they will likely succeed on some level due to the sheer preponderance of U.S. military power. Unfortunately, by pursuing unilateral policies, the U.S. may win the battle, but lose the war.

Assistant Secretary Crouch said the goals of U.S. nuclear strategy would be to “assure, dissuade, deter and defeat”-to assure allies, to dissuade competition, to deter use of nuclear weapons, and to defeat adversaries. By this measure, U.S. policy meets only half of its own criteria. The U.S. will be able to defeat any nuclear or conventional adversary in the foreseeable future, and updating nuclear strategy for the new security environment helps to create new forms of deterrence for the post-Cold War world. But U.S. policy surely is not reassuring its allies. Relations with Russia are strained periodically, and many of America’s European allies are concerned over the Bush Administration’s unilateralist bent. Most importantly, dissuading proliferation is more difficult than merely outmuscling Russia or China. (India, and Pakistan are not expected to threaten the U.S. directly, and consequently have been left out of the defense establishment’s calculus.)

The authors of the Nuclear Posture Review tried to take the long view on nuclear weapons, but they didn’t quite succeed. A more farsighted view of the consequences of current U.S. policy as represented by the leaked NPR, national missile defense, and withdrawal from the ABM Treaty, would show that the U.S. is unilaterally shooting itself in the foot.

While Russia has followed President Bush’s unilateral lead in cutting strategic nuclear weapons, this is likely to have happened “with or without arms control,” according to the National Intelligence Council report-the same report President Bush relied on for his “axis of evil” speech. Hence, any claims to the success of “unilateral but parallel” reductions are bunk. The U.S. will always possess enough nuclear weapons to obliterate would-be proliferators, and the NPR does nothing to change this fact. Diplomatic engagement is more likely to produce better results than new defense policies. Unfortunately, engagement seems to be off the table for now: President Bush’s State of the Union remarks did not go over well in Iran, Iraq, or North Korea-the three countries the National Intelligence Council identified as the major ballistic missile threats to the U.S.

More importantly, the Bush Administration’s focus on missile defense and nuclear proliferation ignores the much more immediate threat of terrorism. A functional missile defense shield would not have prevented the September 11 attacks. The Pentagon’s attention should remain on defeating known terrorists.

The threat of ballistic missiles from the “axis of evil” is real, but it is not as imminent as that of terrorism, and it can be better handled through other means, and without disrupting the delicate counter-terrorism coalition. De-emphasizing proliferation issues and embracing multilateral dialogue would restore the credibility of U.S. diplomacy and allow it to focus on more important issues, such as terrorism and the Israeli-Palestinian conflict. The Bush Administration must resist the temptations of building an America-centric world order and using its powerful position to act unilaterally. Although short-term goals can be achieved unilaterally, such strategies undermine America’s long-term interests by weakening its alliances and diplomatic relations.

EYEING ELECTABILITY

LATE JANUARY 2002: Noam Chomsky, one of the intellectual leaders of the broadly named Anti-Globalization movement, is addressing a cheering crowd of 3000 at the World Social Forum in Puero Allegre, Brazil. ‘[The Forum] offers,” announced the ecstatic Professor, “the real possibility of building a new international.” The title of the Forum, ‘Another World is Possible,’ underscored the real purpose of the event: to build the burgeoning Left-wing movement from a protest to a party. While the forum is getting underway, another facet of the Leftist critique was at work at the University of Minnesota: a group called the Earth Liberation Front claimed responsibility for a fire that caused well over $250,000 worth of damage. The message: protest against Genetically Engineered crop research.

The contrast between the well-heeled World Economic Forum at New York and the Puerto Allegre Forum drew the headlines, but the contrast between Puerto Allegre and the University of Minnesota may be the more lasting one. It highlights the divergence inside a movement that isn’t sure where it wants to go, but can’t stay where it is.

ELF and its sister group, the Animal Liberation Front, are one of the earliest expressions of the anti-Corporation, far-Left division known collectively as the Anti-Globalization movement. Their websites’ ‘Diary of Actions’ chronicles almost all ELF activities back to its founding in 1992. A typical entry is from late 1996, ‘Hwy. 99 and Garfield McDonald’s locks glued and spray painted.’ They describe themselves as an ‘international underground organization that uses direct action in the form of economic sabotage to stop the exploitation and destruction of the natural environment.’ No humans have been harmed in a Direct Action, but as Representative Betty McCollum remarked at a recent hearing, “It’s only a matter of time before somebody gets hurt,” ELF and ALF took anti-corporate feeling and made it into an ideology, and did all of it well before the Anti-Globalization movement burst forth in 1999. ‘lets dance as we make ruins of the corporate money system,’ wrote an ELF member in 1997.

More recently, a collective known as the Anti-Globalization movement has garnered headlines. Along with mainstream environmentalists, the Sweatshop and Fair Trade activists, and a renewed interest in Anarchy as a political ideal on college campuses, the Anti-Globalization movement gradually coalesced . It’s been spotted wherever the World Bank or IMF holds meetings, protesting the ‘domination of World Capitalism,’ among a laundry list of generally Left-wing demands. Their message in all points is very similar to ELFs and ALFs. A typical Anti-Globalization flyer proclaims ‘we are people who protest the power multinational corporations, faceless international financial institutions and inaccessible governments have over their lives’ Their members number in the tens of thousands, and have held highly publicized, and sometimes violent, protests at Quebec, New York City, and overseas.

Before September 11th, there was good reason to expect the two movements to blend into each other, as the Anti-Globalization movement became split between violent demonstrators and the more moderate faction. The protests in Genoa showed this potential, as rioters overshadowed the more numerous peaceful demonstrators. It seemed reasonable to expect a smaller but much more intense group of anti-Capitalist activists to emerge. They would use the same tactics as ALF/ELF but towards a larger range of targets.

Yet there have always been crucial differences between the wider Anti-Globalization movement and the ALF/ELF movement. A crucial one is structure: the necessary secrecy of the movement prevents it from changing in any meaningful sense. The Anti-Globalization movement is capable of discussing new ideologies and creating leaders to promote changes. None in ALF or ELF have the authority to change the basic precepts already laid down. The two have separate methods; the infamous McDonalds and Starbucks smashings aside, the Anti-Globalization movement has always been a primarily non-violent one. The Nation reported one thoughtful Anti-Globo remarking ‘we need to speak up and say clearly that violence, as a political tactic, just doesn’t work either in the United States or in Europe.” ALF/ELF couldn’t change their tactics; doing so would reveal who the members are. Finally, the two have very different Big Brothers to look up to. Across the pond the Americans have an example to follow: the well-developed and mature European Social Democracy model. Indeed, the attendance at the Puerto Allegre was heavily skewed towards Europeans and their fellow Social Democrats in Latin America. ALF/ELF don’t have the same model of evolution to follow. James Jarboe, of the FBI’s counterterrorism division said, “Over the years splinter groups have continued to emerge which have been dissatisfied with more conventional protest methods and have escalated the intensity of their protests.”

Now the two groups are separating. The Anti-Globalization movement towards, not a mainstream position, but to a respectable and potentially electable alternative. ALF/ELF, on the other hand, remain much the same. Not only have the two movements changed, but the way the world reacts to them has changed as well. The Anti-Globalization movement has sought to harness what exists of the opposition to Bush’s war policies. ALF/ELF has seen its own notoriety grown, and not to their benefit. More and more newspapers and Congressmen are condemning them as terrorists.

The Anti-Globalization movement’s ability to follow the Social Democratic model in Europe is the key to their efforts. It has many attractive elements, and the similarities in ideology are striking. The manifesto for Germany’s Green Party calls for rectifying ‘growing global injustice,’ ending environmental exploitation, and other themes of the Anti-Globalization movement. And unlike in the US, Social Democratic positions are electorally powerful. The more respectful parties have significant representation in European parliaments, while their radical fringes can produce hundreds of thousands of protestors at selected venues. They’ve also shown the way to maintain a successful ‘Green-Blue’ partnership between Environmentalists and Unions, something the Anti-Globalization movement is struggling to establish.

Which makes the closest American equivalent to the Social Democratic movement– Nader’s Green Party– a major player in the struggle to establish a political force. The Green Party is “tapping something among a younger progressive environmental crowd worried about globalization,” said UC Professor Bruce Cain to the SF Chronicle. Green Party registration rose 57% nationwide between 2000 and 2001. Nader has made no bones about his intention to build the Green Party as a long-term player and alternative to the Democratic party. So far, 200 candidates have run for office from the Green Party, with eight victories.

While the Anti-Globalization movement tries to move to respectability, the extreme environmentalists are finding themselves consigned more and more to the fringes. This is mostly because of greatly heightened scrutiny and pressure from the FBI and Congress, which have focused on the environmentalist movement as the sole identifiable domestic terrorist movement. The FBI prominently highlights its efforts against ELF and ALF, boasting that ‘Currently, more than 26 FBI field offices have pending investigations associated with ALF or ELF activities.’ The FBI is also establishing 56 new ‘Joint Terrorism Task Forces’ across the Nation, with a special focus on Ecoterrorism.

Several members of Congress have taken up the pursuit of Ecoterrorism as a cause. Most are Republicans from the developing West and Southwest, areas that see heavy ELF/ALF action. Representative Scott McInnis, Chairman of the Subcommittee on Forests and Forest Health, has held several inquiries into the nature of ELF and ALF. In a widely publicized appearance before McInnis’ subcommittee, ELF leader Craig Rosebraugh repeatedly took the fifth amendment. Legislation to attack Ecoterrorism is also in the works. The ‘Agroterrorism Prevention Act’ is currently before a Senate Committee, although the wider USA PATRIOT act has much to do with the FBI’s pursuit of ALF/ELF as well.

The divergence of the two groups is hardly set in stone. The Anti-Globalization movement’s ideology of a corporate controlled media and government is conducive to a wholescale rejection of ‘The System,’ which many of its members still do. In a movement populated by large and unwieldy alliances between mainstream environmentalists, Anarchists, Socialists, and many others, building an electoral machine is difficult. Also, the Green Party’s future depends on seducing established Liberals away from the Democratic party, something its finding difficult to do. And all that is beside the problem of legitimizing a movement where a significant minority of its members believe Bush planned the September 11th attacks.

Yet the Leaders of the Anti-Globalization movement– and the members of ELF/ALF– seem to see no other path ahead of them. To score political successes and bring in new members, the Anti-Globalization movement needs to organize effectively and present a clear alternative to the National parties. ALF/ELF see their ‘Direct Actions’ as more vital than ever. There is little sign just yet of a rift in the far Left, but the cracks are growing.

AMERICA’S OTHER STRUGGLE: FREEDOM OF SCHOOL CHOICE

Thomas Williams is a twelve year old boy. He lives in the lower income part of the city and goes to a school that is overcrowded. The classroom he sits in every morning was meant to hold 20 students when it was built in the 1950’s but now sees itself with 40. He is not able get the attention that he deserves. The teacher can only invest a few minutes of her time to him everyday. Mr. and Mrs. Williams are living just above the poverty line and survive paycheck to paycheck. They yearn to move out of their dilapidated surroundings and enroll their son in a better school, but their situation will not allow it, so they must stay. Everyday Thomas walks past a half full Catholic school on his way home. He peeks in through the rod iron bars and surveys the campus. At home he asks his mother if he can go there. Heavy-heartedly she tells him that they just can not afford the tuition and he has to keep going to his school. Thomas, with his head down, walks into his room to start his homework for the evening.

A more perfect union would be one that entails parents being given the able to decide the educational future of their children. In recent years the divisive issue of school vouchers has come to the forefront of the American public. President George W. Bush had campaigned for allowing parents to use vouchers, many states have voted on the issue via propositions, and most recently the Supreme Court has entered the fray. This should be the next civil rights issue to be tackled in America.

On February 20th 2002, opening arguments for Zelman v. Simmons-Harris, a case that had come out of a voucher program in Cleveland, Ohio. Parents in this inner-city district were given the option to use a $2,500 voucher in order to take their child out of the school district, which had been failing in every one of the state mandated educational categories. Charter schools, magnet schools, and parochial schools were all options that were open for the parents, but 96% decided to put their children in the religious schools. This is the struggle has occurred. Does this violate the separation of church and state clause in the Bill of Rights? If so, should that matter when children are trapped in failing public schools?

“CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION” – FIRST AMENDMENT

The American government currently spends millions of taxpayer dollars at religious schools. Mitchell v. Helms in 2000 validated federal aid to these schools. It dealt with the use of these monies to go towards the hiring of special education teachers, the lending computers, software, library books, and other school supplies. The issue was the Constitutionality of “Chapter 2″ which is a grant administered under the Elementary and Secondary Education Act of 1965. This legislation called for all school districts to ensure that children in private schools have the opportunity to these grants, regardless of whether their schools have a religious affiliation. In a 6-3 decision, Justice Clarence Thomas wrote in the opinion for the majority that “It is the students and their parents-not the government-who, through their choice of school, determine who receives Chapter 2 funds. The aid follows the child.” This opinion is going to have a profound affect on the Leman v. Simmons-Harris case that is except to be decided in June of 2002.

Many groups are holding children hostage in deteriorating schools because of squabbling over if there is crucifix over the doorway. This pettiness is keeping inner-city children in some of the worst situations out of anyone in America. There are Catholic schools with decades of proven results that have classrooms that are only half full because those in the neighborhood are too poor to afford the tuition. Inner-city parents have learned that the government cannot be trusted to educate their children. This is why minority groups have started to be formed in order to spread the word to their respective communities. The Black Alliance for Educational Opportunities (BAEO) is one of these newly created groups that are meant to counteract the more well-known and older groups such as the National Association for the Advancement of Colored People (NAACP.) The BAEO is a nationally renowned group comprising liberal and conservative African-Americans from the government and community groups who want educational options for minority families. Kenneth Blackwell, the Secretary of State for Ohio, is on the Board of Directors for this group and at a rally in support of the Cleveland voucher program said, “Too many of our kids are being held hostage because we put bureaucracy over the child. We are ready, willing, and able to continue this fight for freedom that we have inherited from the civil rights movement. We are demanding that we have some sort of choices to send all of our kids to the schools the parents think are best for them.” This group and others like it realized that the goal of school choice is to help as many children as possible, either by providing them with the means to attend a quality school or by forcing their failing or low-performing school to improve. Howard Fuller, PhD is the President of the BAEO and the Director of the Institute for the Transformation of Learning at Marquette University. In a report for the Heritage Foundation that outlined the status of public schools, he commented that: “The degree to which we achieve equity is the degree to which we are truly able to be respected, to function with dignity, to exercise influence over our lives, and in the end to determine for ourselves the course of our reality. Access, in a word, means accessible. For our purposes, we must ask whether parental choice enhances accessibility for the children with the greatest needs. I believe it does.” Some critics argue, in true Clintonian fashion, that the current education system needs to be mended and not ended. One such critic is Elliot M. Mincberg, education director for the People for the American Way. While giving testimony to the House of Representatives Committee on Education and Workforce he concluded with: “Diverting more resources into voucher and tax credit schemes, with their lack of accountability and failure to provide true, equitable options for all students, is not the answer. To ensure that no child is left behind, we need to follow the example of voters across the nation, reject voucher and tax credits schemes, and work to improve and strengthen our public schools.” Critics must be reminded that our children, when compared to other industrial nations, are some of the most poorly educated and have been for decades. Pumping money into the void that is our educational system has not worked so far. Enough is enough. We spend more than any other nation, per capita, on elementary and secondary education, its time for a change to occur. According to the Department of Education, the average public school student costs $6,662, private school costs $3,116, and Catholic school costs $2,178. It seems that the government would actually be able to save money by allowing children to attend private and religious schools. More money and lower classroom sizes seem like a great deal. Hopefully these changes would cause failing schools to able to focus more on the individual child. If there is still doubt that choice will not allow our kids to perform better, look at our higher educational system. Students are allowed to choose the college or university that they will attend and because of that, it is often regarded as the best in the world. Sadly, not all children grow up with the ability to reach that level of education if they are dependent upon a government education.

THE “AGENDA OF THE RADICAL RELIGIOUS RIGHT”

For the most liberal of liberals the “Radical Religious Right” is the proverbial boogieman of politics. They argue that a vast conspiracy is out to take school funds away from poor children and give that money to wealthy white fundamentalist schools. When the argument that they make lacks validity, names like Jerry Falwell, Pat Robertson, Gary Bauer, etc. are thrown around to scare the American people into thinking that they advocate for schools in which fundamentalist Christian values are espoused as much as algebra or geography. The People for the American Way, a group that monitors “the Radical Right,” has been one of the largest opponents to the fight for school choice. During the most recent vouchers court case of Zelman v. Simmons-Harris, PFAW attorneys are serving as co-counselors for the prosecution. It has also played a significant role in organizing of groups to file an amicus curiae or “friend of the court” briefs. The briefs main point of contention is with the law and their claim that it violates the establishment clause of the First Amendment. This is the rhetoric that has kept our children from becoming educated despite the massive amounts of funding they receive. It’s ironic that groups, that often chide conservatives for not being open-minded and willing to change, will not allow for a new way to teach our children. They are too concerned with keeping the current educational system in place so that we can have generations of Americans that are brought up in a school where religion is a hidden, seedy, and private matter. Playing politics with the future of American children is wrong and counterproductive.

SAFEGUARDING THE INVESTMENT IN OUR CHILDREN

Any money that comes from the taxpayers needs to have some safeguards to combat unscrupulous or zealous schools from taking advantage of children. There needs to be assurance that kids will not be indoctrinated or discriminated against on the governments dole. Parents must be given the choice to not have their children participate in religious classes or services. Unwanted religious education is not what should be the focus of having children in private schools, it’s the secular areas like the sciences or literature that must be taught to these children. The religious classes can be a bonus for the children if their family sees fit. All children must be allowed to enroll in a school that will receive vouchers. Religious affiliation or lack thereof must not be a part of the admission equation. Parents, most likely, will choose a religious school that is inline with their beliefs if they do not choose a charter or magnet school, but that might not always be the case.

One of the arguments against vouchers is that schools will be formed just to take voucher money and not perform. That is why these schools need to be accredited. In California all schools are accredited by the Western Association of Schools and Colleges, which insure that there is some independent oversight (WASC). What is accreditation? WASC defines it as a process, “that certifies to other educational institutions and to the general public that an institution meets established criteria or standards and is achieving its own stated objectives.” This process is an in-depth measuring of a schools academic success. It is done by a team of professionals from every level of the educational system such as: classroom teachers, administrators, college professors, school board members and others who have an intimate knowledge of educational trends and issues. Requiring schools, that receive taxpayer money, to be accredited can ensure that a proper investment in children is being made. Yes the government is going to be needed to provide some oversight, but we must remember the entire reason that we are having this discussion is because the government has been failing our children for decades. Bureaucrats, if they are allowed to take over, will that forget children are the reason for the educational system.

American children and parents have had to endure decades of lip service from politicians and teachers unions that have been promising to improve the educational system. It’s time to stop this madness. Parents deserve the option to be in a school that will perform be it through vouchers, charter schools, magnet schools, or even choosing the public school in their district that they attend. We need to let our children succeed.