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To: JohnM who wrote (4720)8/11/2003 7:11:49 PM
From: LindyBill  Respond to of 793623
 
A column by one of your favorite political writers.

THOMAS OLIPHANT
Dean's unseemly stumble

By Thomas Oliphant, 8/10/2003

WASHINGTON

HOWARD DEAN made an interesting mistake last week on an important issue: Social Security. His first instinct was to cover up and fudge. But his next instinct was to fess up forthrightly. In the process, he raised an important issue with regard to Social Security that may get more attention as the presidential campaign matures.

For the moment, the cost of Dean's mistake is minimal -- almost no national attention, but more than a little in Iowa and New Hampshire. Down the road, the episode is either going to be a metaphor for how a long-shot candidate gets past inevitable bumps on his road or for how stumbles become tumbles for rookies in this game.

The trigger for Dean's sudden introduction to the famous third rail of national politics was a direct charge from Ohio Representative Dennis Kucinich at last week's forum-debate before AFL-CIO leaders in Chicago.

Dean had just finished his answer during the discussion of retirement issues, having said Social Security ''can't survive as is,'' and suggesting a huge infusion of payroll tax revenue by raising the income ceiling for the levy above $85,000.

Kucinich shot back that the system as is would be solvent for at least the next 38 years and then lambasted politicians who recommend making it less generous. He scolded Dean for being in favor once of raising the retirement age (actually the age at which full benefits can be collected) to 70, and of suggesting 68 as well.

The next time Dean got a question, he said flatly that he had never favored an increase in the retirement age and didn't now. I immediately made a star in the margin of my notes, thinking that two things were about to happen: Either Kucinich had made a wildly false claim, in which case he deserved to join Carol Moseley Braun and Al Sharpton as less than marginal gadflies in the campaign; or Dean had made a false denial, in which case there would be some explaining to do.

As it turned out, Kucinich's campaign had chapter and verse on Dean's statement. Faced with the documentation, it did not take long for Dean to switch gears and say he had indeed ''misspoken.''

In 1995, Dean, then chairman of the National Governors Association, had uttered some fairly common, conservative Democratic statements about balancing the federal budget that included putting Social Security on the table. He specifically included raising the retirement age to 70 in his laundry list, and the quote in a Newhouse News Service article was, ''It would be tough, but we could do it.''

On ''Meet the Press'' in June, Dean did not make the denial he made in Chicago; quite the contrary. He said, ''I also would entertain taking the retirement age to 68. It's at 67 now. I would entertain that.'' Actually, the current age at which full Social Security benefits may be collected is 65 years and two months. Under the changes negotiated by Ronald Reagan and Congress in 1983, it will creep to 67 over the next 20 years.

Faced with the documentation, Dean's campaign acknowledged the misstatement and said he has ''no plans'' to advocate an increase any more. The campaign said he had learned from President Clinton's successful economic program that a growing economy with low inflation is the best way not only to protect the retirement system but to increase its solvent life as is well into the future.

The most important lesson of this episode is political. Dean flies as a straight shooter and dies as just another politician. The temptation to hedge and fudge is human, but Dean's unusual candidacy leaves no room for normal political behavior. He flirted briefly with it and it almost cost him severely.

There is also a substantive point. All the major candidates (with the possible exception of Dick Gephardt because of his immense health care proposal) favor balanced budgets over time in order to keep interest rates and inflation low. Two (John Edward and John Kerry), however, have been vocal about the need for short-term stimulus in the form of tax cuts for middle-income and below working families; they also join Joe Lieberman in saying the Bush-era tax cuts should be retained for families that are not rich.

By contrast, in favoring the complete repeal of the decade's tax cuts, Dean and Gephardt would add to the income tax burden of these workers in the short term. Now, Dean is putting another tax on the table with his talk of raising the income ceiling for the payroll tax (it's actually $87,000 at present). Indeed, he's saying he would eliminate the ceiling entirely if necessary.

The other candidates have taken note, and this issue may pop up again. When it does, Dean has learned that shooting straight from the outset is mandatory.

boston.com



To: JohnM who wrote (4720)8/11/2003 7:25:33 PM
From: LindyBill  Respond to of 793623
 
A nuanced look at Bush's social conservatism

The President Keeps His Distance

By Rich Lowry
Washington Post Op-Ed
Sunday, August 10, 2003; Page B01

The Christian right has infiltrated and taken over the White House -- in the person of the president of the United States. If Jerry Falwell and Pat Robertson had sat down 15 years ago and created the profile of their perfect president -- a born-again Christian from the Bible Belt, flagrantly open about his faith -- George W. Bush would fit it almost to a T. Yet he is not quite what anyone would have imagined.

All around Bush a culture war rages, but in it, he is at most a reluctant participant -- and perhaps a pacifist at heart.

A significant battle has begun over the status of homosexuality, with the Supreme Court striking down a Texas anti-sodomy law and the Massachusetts high court set to advance the cause of gay marriage in one form or another. Democrats are objecting to Bush's judicial nominees amid Republican charges that they are applying a standard that excludes Catholics faithful to the church's teaching on abortion from the federal bench. The culture war involves some of the most important social and political questions in American life: What is the meaning of sex? What is marriage? How should morality affect our laws?

Bush's posture on these issues is more complicated than his conservative Christian "profile" might suggest. Both conservatives and liberals should be able to find things to welcome in the non-stereotypical way Bush's faith affects his politics. For social conservatives, it could make for a new, more palatable version of Christian conservatism. For liberals, it sometimes might mean policies they can welcome, if they can see beyond their loathing of Bush's socio-political "type." But there is also a significant downside to Bush's soft touch on cultural and social issues -- a loss of opportunity for conservatives in particular, and an injury to American politics generally.

Bush is a polarizing figure in the culture war simply by virtue of who he is. He won the presidency in an election that illustrated the deep split in the country, between liberal "blue states" and conservative "red states." It's not just a partisan and geographic divide, but a difference in worldview and lifestyle. If you know whom Samantha bedded (and how) on "Sex & the City" last Sunday, you are blue-state. If you debate when to take your first buck in deer-hunting season, you are red-state. Bush is so red-state, he is practically a caricature.

The French sneer that Bush is all about "the Bible, baseball and barbecue." That's about right.

On Air Force One, he doesn't even want to see cable news shows on the TV. He prefers videotaped replays of Texas Rangers baseball games. He likes to relax by clearing brush on his Texas ranch in 90-degree heat. He prays often during the day, and his regime includes Bible reading and the daily devotional "My Utmost for His Highest," which is popular among evangelicals.

He fires an implicit shot in the culture war every time he drops a syllable or hooks his thumbs, cowboy-style, in his jeans. This helps account for why he is so hated by elements of the left, as hated as Bill Clinton was by some conservatives. When he says "bring 'em on" of anti-American fighters in Iraq, his macho challenge makes his critics crazy. It advertises Bush's identification with what they consider Backwater America, the Bible-believing, pickup-driving, NASCAR-loving, gun-toting part of the country.

But if liberals stopped being put off by Bush's style, they would find something to cheer in his Christian conservatism. Bush's faith is almost always wielded in support of the "compassionate" element of his "compassionate conservatism." This is true when he is urging tolerance for Muslims. Or comforting the stricken. Or explaining his global AIDS initiative. Or advancing the idea of universal human rights. This is the kind of Bible-thumping any bleeding heart should love.

His recent statement on gay marriage was characteristic. When conservatives talk about gay issues, their favorite trope is the Christian injunction to "hate the sin, but love the sinner" -- a condemnation of homosexuality, although one that attempts to be inoffensive. Bush took a different approach. "I am mindful that we're all sinners, and I caution those who may try to take the speck out of their neighbor's eye when they got a log in their own," he said, paraphrasing a Bible passage. Bush invoked sin as a way of reproving his fellow conservatives, in a reminder that pride, too, is a sin. (Although some, admittedly, will object to the use of the word "sin" at all, especially in any proximity to a discussion touching on sex between consenting adults.)

This is a heartfelt sentiment for Bush. For him, we're all sinners -- but we're not in the hands of an angry God. Until age 40, he was a drinker and at loose ends. He might have met some sad fate if he hadn't -- to put his conversion in evangelical terms -- met Jesus Christ instead. That sense of redemption always bubbles just below the surface. Bush can't walk into an alcohol or drug clinic without misting up, feeling an instant connection with those still struggling with their addiction. Still fresh from his own lost years, he is loath to judge anyone else's sin, or doubt that they, too, may find grace.

Perhaps no other president has so freely spoken of love. Bush condemned "failures of love" in his inaugural address, and on the campaign trail he reminded conservative listeners that "it is our duty to love all the children." This makes for a kind of supercharged tolerance. It was more than just boilerplate when Bush said in his gay-marriage statement, "I think it's very important for our society to respect each individual, to welcome those with good hearts, to be a welcoming country."

What Reagan did for defense and economic conservatives, Bush may be doing for religious conservatives. Reagan believed everything Barry Goldwater believed, but gave it a sunnier, more optimistic tinge. Bush represents a similar makeover for the religious right, the same basic convictions but in a more palatable form. Bush is reliably pro-life, he's appointing conservative judges, and he supports the ban on human cloning -- but he doesn't seem angry or condemnatory.

All to the good. But there is a problem with Bush's approach. When he says he is a "uniter and not a divider," he is reflecting not just his beliefs and his temperament -- he fundamentally likes getting along with people -- but an electoral strategy. Part of the point of compassionate conservatism is to avoid inflaming the other side, to keep the Democratic base relatively quiet in a kind of soothing voter suppression. Consider a different social issue that illustrates the approach perfectly: racial preferences. Bush wants to split the difference so as not to offend either side too much. His administration's brief in the University of Michigan affirmative action cases was a ringing call for the Supreme Court to straddle the issue, to approve racial preferences as long as they aren't too overt. And so it did. Now, the last thing the White House wants is crusading conservative activist Ward Connerly going to the swing state of Michigan, as he is, with a ballot initiative asking voters to decide for themselves whether race should figure in college admissions and other government policies.

For all his bellicosity abroad, Bush's message at home often is: Please, let's not fight. That was the subliminal message in his 2000 pledge to "change the tone" in Washington. It was partly an anti-Clinton slogan, implicitly telling voters that he would make Washington less poisonous by having none of the personal scandals of President Clinton. But it was also an anti-anti-Clinton slogan, distancing him from Clinton's most vehement critics. Impeachment was a culmination of a battle in the culture war -- over the meaning of sex and truth -- and Bush made it clear he wanted nothing to do with it.

In this, Bush was playing to a laziness on the part of the public, an impatience with political argument. Whatever you made of Clinton's misconduct, it was worth arguing about and deciding what, if anything, was the appropriate punishment, instead of mindlessly "moving on."

In the same way, when Bush was asked about gay marriage, you got the feeling he would have preferred not to be asked at all. His statement against it was an assertion and expression of personal preference, that "somebody like me" believes "a marriage is between a man and a woman." Well, okay. But why? Explaining that requires argument, requires making moral distinctions among sex acts, in ways that are likely to make some people very angry. Requires, in short, everything Bush would rather not do -- because it probably feels too "judgmental" to him, because he (like most conservatives of his generation or younger) has openly gay friends, and because it will inflame voters both pro and con.

This is a loss for those of us who are conservatives. It means that, on important issues, a crucial player isn't fully engaged. Bush also has the power to make certain arguments out of bounds. Pennsylvania Sen. Rick Santorum barely got Bush's seal of approval when he tried to make a -- muddled, admittedly, but reasonable -- case for the constitutionality of anti-sodomy laws. Consequently, few Republican politicians will attempt such a thing in the future. And Connerly's cause is hurt when a conservative White House treats him as if he has a social disease. More fundamentally, the effect of Bush's accommodationist tendencies on these issues is to leave them to the courts. If Michigan voters can't be bothered with the turmoil of voting on affirmative action, that means the issue is left to the whim of Sandra Day O'Connor. If it's too touchy to talk about sodomy laws (the White House studiously said nothing about the Texas case), only the Supreme Court gets to speak to it. The administration no doubt fervently hopes that the Massachusetts court pulls up shy of fully endorsing gay marriage, so it can avoid the expedient of endorsing a marriage amendment that would create a roiling national debate on what marriage means.

In this way, Bush contributes to an erosion of democratic government. The courts shouldn't be deciding cultural issues that are at the very heart of the nation's common life. Otherwise, what is self-government for? There's nothing wrong -- nothing hateful -- about open and passionate argument. Given the winning way his faith has influenced his political persona, President Bush is perfectly positioned to demonstrate this by example -- that we can fight, but still love, that a "welcoming country" need not forfeit its right to govern itself.
washingtonpost.com



To: JohnM who wrote (4720)8/12/2003 5:08:24 AM
From: LindyBill  Read Replies (1) | Respond to of 793623
 
A right wing blogger asked 35 left wing and 35 right wing bloggers to list "The 20 worst figures in American History." I thought the lists, and the comparision of the two, to be interesting.

RIGHT WING SELECTION:

Honorable Mentions: Ted Bundy (5), Jane Fonda (5), John Wayne Gacy (5), John Walker Lindh (5), Joe McCarthy (5), Michael Moore (5), Boss Tweed (5)

17) Franklin Delano Roosevelt (6)
17) John Walker (6)
17) Lee Harvey Oswald (6)
17) Robert Byrd (6)
16) Aldrich Ames (7)
14) Richard Nixon (8)
14) Aaron Burr (8)
12) Al Sharpton (9)
12) Charles Manson (9)
8) Timothy McVeigh (10)
8) Lyndon Johnson (10)
8) Hillary Clinton (10)
8) John Wilkes Booth (10)
7) Alger Hiss (12)
6) Noam Chomsky (13)
4) Jesse Jackson (14)
4) Jimmy Carter (14)
3) Bill Clinton (15)
2) Benedict Arnold (19)
1) The Rosenbergs (15) & Julius Rosenberg (5) (20 total votes)

LEFT WING SELECTION:

Honorable Mentions: Boss Tweed (5), Roger Taney (5), James Earl Ray (5), Charles Manson (5), Rush Limbaugh (5), Jerry Falwell (5), Roy Cohn (5), Dick Cheney (5), John C. Calhoun (5)

20) The Rosenbergs (3) + Julius Rosenberg (3) (6 total votes)
20) Pat Robertson (6)
20) Oliver North (6)
20) William Randolph Hearst (6)
20) Aaron Burr (6)
20) Aldrich Ames (6)
18) George Lincoln Rockwell (7)
18) Robert McNamara (7)
14) Richard Mellon Scaife (8)
14) Lee Harvey Oswald (8)
14) Charles Coughlin (8)
14) Strom Thurmond (8)
13) Ronald Reagan (9)
12) George Wallace (10)
11) Andrew Jackson (12)
9) Jefferson Davis (13)
9) George W. Bush (13)
6) Benedict Arnold (14)
6) Henry Kissinger (14)
6) John Wilkes Booth (14)
3) Timothy McVeigh (16)
3) Nathan Bedford Forrest (16)
3) J. Edgar Hoover (16)
2) Richard Nixon (25)
1) Joseph McCarthy (26)

rightwingnews.com



To: JohnM who wrote (4720)8/12/2003 9:00:52 AM
From: LindyBill  Respond to of 793623
 
The Sixth District is still at it, I see. Never has been too pleasant there, from what I read.

U.S. Appellate Judges in Cincinnati Spar in Public
By ADAM LIPTAK - NEW YORK TIMES

Federal appeal courts, just one step below the Supreme Court, have enormous power and prestige. When the judges who sit on them disagree, they ordinarily address each other with elaborate courtesy.

Not in Cincinnati. In an extraordinary breach of judicial etiquette, the judges on the federal appeals court there have repeatedly accused each other of lying and underhanded conduct in important cases involving the death penalty and affirmative action. The public airing of these internal battles in decisions of such social importance has been the talk of appellate specialists nationwide.

And the disputes have given rise to a Congressional investigation and an ethics inquiry by an administrative body of the court itself.

The court, the United States Court of Appeals for the Sixth Circuit, hears appeals from the federal courts in Kentucky, Michigan, Ohio and Tennessee.

"It just seems to be an unending degree of venom and warfare," said Nathaniel R. Jones, who retired from the court last year.

Steven Lubet, who specializes in judicial ethics at Northwestern University, said: "Rancor between judges is not unusual. What's unusual about the Sixth Circuit are the repeated references to the court's inner workings and the charges not only of sloppy thinking but also of dishonest procedures that are flying right and left."

The latest clash, which is still unfolding, involves two lawyers thrown off a death penalty case by judges on the court for being, depending on whom one credits, incompetent or too zealous or both. The full court has granted a stay of the defendant's execution to sort things out, drawing a harsh dissent from Judge Danny J. Boggs, one of the main figures in the continuing battles.

Judge Boggs is conservative, and in the previous disagreements, he and his allies have lined up against the court's liberal wing. In a 2001 death penalty case, for instance, Judge Boggs wrote that some of his colleagues were manipulating the rules to stop all executions.

"A majority of the active members of this court would grant a stay based on a hot dog menu," he wrote.

In the decision upholding the race-conscious admissions program of the University of Michigan's law school last year, which was later upheld by the Supreme Court, Judge Boggs used his dissent to attack the court's chief judge, Boyce F. Martin Jr. He said Judge Martin had stalled the case until two conservative judges went into semiretirement, making them ineligible to vote, which altered the outcome of the case.

Judge Martin has denied the accusation.

Karen Nelson Moore, another judge on the court, chastised Judge Boggs in her concurring opinion.

"Judge Boggs's opinion marks a new low point in the history of the Sixth Circuit," she wrote. "It will irreparably damage the already strained working relationships among the judges of this court" and "undermine public confidence in our ability to perform our important role in American democracy."

This month, the Judicial Council of the Sixth Circuit, an administrative body made up of appellate and trial judges, ruled that an ethics challenge to Judge Martin's conduct was moot. After a Congressional inquiry into the matter, Judge Martin instituted procedural changes to "avoid any allegation of partiality," as he put it in a letter to the House Judiciary Committee last August. A committee spokesman said its inquiry was continuing.

The latest dispute involves Richard Wade Cooey II, now on death row.

On June 10, about six weeks before Mr. Cooey was to be executed in Ohio, his lawyers received letters from the appeals court, signed by a court clerk, dismissing them. The letters expressed dissatisfaction about the quality of the lawyers' work and the fees they had charged.

Mr. Cooey did not get new lawyers until July 21, less than three days before his execution date. The new lawyers said they needed more time to master the record in the 17-year-old-case. They also argued that the appeals court's letters were evidence that their client had received ineffective assistance of counsel.

In the late evening on July 23, about 12 hours before the scheduled execution, Judge Dan Aaron Polster, of the federal trial court in Cleveland, issued an order staying it.

The next afternoon, before a three-judge panel of the appeals court could rule, the full appeals court agreed to hear the case, and continued the stay. But Judge Boggs dissented from that decision, saying that the three-judge panel, on which he did not sit, would have allowed the execution to go forward. As proof, Judge Boggs appended to his dissent a draft of the panel's decision.

His move was unusual because courts ordinarily guard drafts and other internal court communications from external scrutiny. But in an equally unusual move, another judge on the court, Eric L. Clay, rebuked Judge Boggs in his concurring opinion, saying that publishing the draft opinion was misleading because it had "no legal meaning."

Still, the draft opinion is at the center of a continuing debate about the meaning and legal significance of the June 10 letters that dismissed the defense lawyers.

"Our displeasure with counsel's performance," the draft opinion said, was based on the dismissed lawyers' "overt strategy to litigate every conceivable claim, despite the utter baselessness of many of them."

"It was not based on any conclusion, upon our exhaustive review of the record in this case, that counsel failed to recognize and raise any meritorious claims," the draft said.

Mr. Cooey's new lawyers have urged Judge Polster not to accept that interpretation. They wrote in court filings that the old lawyers' performance was "abysmal," "shameful" and "marked by a litany of errors."

Prosecutors, in their own court papers, characterized the latest arguments as "akin to bombing the courthouse and then complaining that you did not receive your day in court."

The dismissed lawyers ? Margery M. Koosed, a law professor at the University of Akron, and Nathan A. Ray, a death penalty specialist in Akron ? defended their work but said they welcomed an examination of it.

"I believe we did a thorough and capable job for our client," Professor Koosed said. "At the same time, if there are any inadequacies or deficiencies we certainly would want the Sixth Circuit to do a full review. That's what's needed before you go about executing an individual in this country."

Mr. Cooey was convicted of rape and murder. In 1986, he and two friends threw a chunk of concrete over the side of a bridge above an interstate highway in Akron. That forced Wendy Offredo and Dawn McCreery to pull over the car in which they were traveling, and the men offered them a ride to call for help. Mr. Cooey and one of the other men took them to a field, where the two men raped and killed them. The other man is serving a life term.

Professor Koosed said Mr. Cooey accepted responsibility for the crimes. "Morally, he feels deserving of the death penalty," she said.

Professor Koosed was with Mr. Cooey when he got word of the Sixth Circuit's stay. She said his first reaction was unrelated to the strange machinations on that court or even to his own fate.

"His first thought was of the victims' families, who had come to see the execution," she said, "and of the difficulties and uncertainties the stay presented for them."
nytimes.com



To: JohnM who wrote (4720)8/12/2003 9:10:35 AM
From: LindyBill  Respond to of 793623
 
Good interview with David Brooks.

Once a Chicago liberal, commentator now a Teddy Roosevelt conservative

By Julia Keller
Tribune cultural critic

August 12, 2003

Liberals who lament the loss of David Brooks from their ranks -- it's true, folks, he once leaned markedly to the left -- can blame Chicago. For it was here, during his days as an undergraduate at the University of Chicago and later as a journalist on the mean streets, that the native of Wayne, Pa., made a sharp swerve to the right.

Now Brooks, author of the best-selling tome "Bobos in Paradise: The New Upper Class and How They Got There" (Simon & Schuster, 2000), senior editor at The Weekly Standard, essayist for The Atlantic Monthly and regular political commentator on the PBS program "The NewsHour with Jim Lehrer," is among the best known and most eloquent writers in the nation. His sharp observations about public affairs and culture are cut with a wry, puckish wit.

Even if one doesn't quite see things Brooks' way -- he recently termed President Bush "a leader of the first order," a judgment that might cause snarls of dissent among Democrats -- one must concede that his courtesy and geniality are a welcome change from the high-decibel diatribes that constitute much political opinion-slinging these days.

Recently, Brooks was named to the stable of op-ed page writers for The New York Times, where in September he will begin writing a column twice a week. Gail Collins, editorial page editor of the Times, said Brooks will "bring all kinds of wonderful flavors" to the page.

"We look for someone who can add something different, and someone who is likely to develop a strong and distinctive voice," added Collins. "I was not looking for somebody who would be shrill or who would put people off. He's an inclusive writer. He makes people want to read him. That's a rare gift."

Brooks, who lives in the Washington area with his wife and three children, was interviewed recently from his office.

Q. Once you start at the Times, will you keep the Weekly Standard and Atlantic Monthly gigs?

A. The other magazines have to go. The Times is competitive. This is easily a full-time job. [Mike] Royko wrote every day; normal human beings can't do that. If you're going to write twice a week, you'd better be doing some reporting, too. I don't have the kind of mind where I can sit in an office and just write.

Q. How about "The NewsHour" -- will you continue that?

A. That's under negotiation. I'd rather not talk about that.

Q. You graduated from the University of Chicago in 1983. Why did you go there? It seems a little radical for a guy like you.

A. Two reasons. First, the admissions officers at other universities decided I'd be going to the University of Chicago. [laughs] I had bad grades in high school. But I had high SAT scores. So I could get into Chicago. Second, my family is quite liberal. When I went to Chicago, I was quite liberal. I considered myself a Socialist.

Q. What do you remember about U. of C.?

A. I had the common core [curriculum], which was the best thing I did at Chicago -- writing 17 papers on Thucydides and living in the 4th Century. The problem with the university then was that there were five men for every woman. Now it's more even. It's primarily a graduate school. Because I was arrogant, I took mostly grad courses in my last two years. I learned a lot about the study of history but not about history.

Q. So when did the scales fall from your eyes, enabling you to embrace conservatism?

A. It came gradually. I was working for the Chicago Journal, a small newspaper on the South Side [after graduation], and I decided over the course of the period that liberal urban policy wasn't working. And I liked Reagan's Cold War policies.

Q. You worked as a police reporter at the City News Bureau, a legendary training ground for young journalists. What was that like?

A. I was there just a few months, but it was very memorable. I came home every day with a great story to tell about something I'd reported on. I remember having the muffler of my car break in the middle of a Polish neighborhood. I learned the Polish word for `muffler' that day.

Chicago was a great columnists' town. Royko was around. I worshipped Royko. He used a lot of tricks in his column. He had a voice that was strong -- not your respectable lakefront voice. I liked that sense that a newspaper column was genuine and not pretentious and puffy.

Q. You enjoyed reporting, but you made the leap to commentator.

A. It's a very different skill. At The Wall Street Journal [where Brooks worked for nine years, until joining The Weekly Standard when it began publication in 1995], I was book review editor for a while. I tried to get reporters to write reviews. It was very tough. Reporters are always in the process of being open and being curious. Columnists wake up aware of their assumptions and go to bed aware of their conclusions.

Q. You're classified as a conservative. Is that fair, or do you bristle at labels?

A. I think it's fair in the general sense. I consider myself a Teddy Roosevelt conservative. I'm not a free market libertarian. I like an aggressive foreign policy. On domestic policy, I'm a neoconservative. I like welfare reform. I like vouchers and charter schools. I do support gay marriage, which I think comes from knowing a lot of gay people.

Q. Some people have said you're the "good" face of conservatism. What they mean, I think, is that you seem like a nice guy. Is this so?

A [Laughs] A lot of my closest friends are liberals. I think you need both liberals and conservatives. If you had just one side in charge, they'd run the country off a cliff.

Q. You write a lot about cultural issues, which seem to fascinate you.

A. In the media, we give way too much attention to guys who hold press conferences. And way too little to the movement of people. I covered the decline of the Soviet Union and the collapse of Berlin Wall [for The Wall Street Journal]. Nobody planned that.

Q. What's your writing process like?

A. I have a very old-fashioned way of writing. I carry notebooks around and observe how people behave. I fill up notebooks and lay them out on the floor. Each pile is a paragraph. And I sit and I stream them all together. I have no memory. I have to write everything down. I've never had writer's block. I can't think without writing. I can't think of what I believe in unless I write it down. That's the form my brain takes.

Q. Are you worried about the new columnist's gig?

A. The pressure will be on. It is kind of intimidating.

Q. Do columnists matter? Do they ever change anybody's mind about anything?

A. I think it's rare. But you organize people's thoughts that they haven't organized. You put into word the prejudices they've been forming. Just by your constant company, you gradually move people from one position to another.

Q. Will Bush be re-elected?

A. My guess is, he will. But that's predicated on the belief that the economy will be a lot better. Every Republican and Democratic consultant expects it to be close. The Democratic Party is an incredibly energized party right now
chicagotribune.com



To: JohnM who wrote (4720)8/12/2003 5:23:07 PM
From: LindyBill  Read Replies (1) | Respond to of 793623
 
The "offensive speech" concept that the Universities have been using as a defense for their violation of student's First Amendment rights has just been officially outlawed, John. Here is a press release from F.I.R.E. and the letter.

In Landmark Letter, Office for Civil Rights Clarifies the Law and Vindicates Free Speech on Campus

WASHINGTON, D.C.?The Office for Civil Rights of the Department of Education has issued a landmark letter of clarification that deals a powerful blow to administrative censors on America?s college and university campuses. The July 28, 2003 letter from Gerald A. Reynolds, assistant secretary of the Office for Civil Rights (OCR) of the Department of Education, was sent to colleges and universities across the country on Friday, August 8, 2003. Assistant Secretary Reynolds writes, ?No OCR regulation should be interpreted to impinge upon rights protected under the First Amendment to the U.S. Constitution or to require recipients to enact or enforce codes that punish the exercise of such rights.? The full text of Reynolds?s letter can be read at thefire.org.

FIRE and others long have sought clarification of OCR regulations that many academic leaders have cited in support of campus policies that weaken First Amendment protections of freedom of expression. College and university administrators have defended restrictions on free speech on the grounds that OCR and other federal regulations require them to ban ?offensive? speech as a form of discrimination. The OCR statement is a vindication of the truth that no governmental regulation, law, or policy may override the First Amendment.
?For too long, colleges and universities have used OCR?s anti-harassment regulations as an excuse for passing restrictive speech codes and punishing students and faculty for ?offensive? speech,? said FIRE co-director and Boston attorney Harvey A. Silverglate. ?By issuing this letter, OCR has clarified once and for all that OCR regulations cannot and do not trump the First Amendment.?

Among its other duties, OCR provides colleges and universities that receive federal funds with regulations and guidance on issues of discrimination on the basis of race, gender, and other classifications. OCR?s regulations affect virtually every college and university in the United States. Non-compliance with OCR regulations endangers an institution?s receipt of vital federal funds.

Reynolds?s letter undoes years of misinterpretation. It states, ?OCR?s regulations and policies do not require or prescribe speech, conduct or harassment codes that impair the exercise of rights protected under the First Amendment.? The letter further clarifies that ?the offensiveness of a particular expression, standing alone, is not a legally sufficient basis to establish a hostile environment under the statutes enforced by OCR.?

?This letter will certainly put to rest any claim by future academic administrators that OCR or federal law required them to pass speech codes or punish offensive, hurtful, or rude speech, as is now routine,? Silverglate said. ?OCR should be applauded. This letter marks the end of a sad era and the demise of one of the most stubborn pretexts for censorship on America?s campuses.?
The letter also clarifies the proper interpretation of federal laws and regulations by private universities. Though the First Amendment does not directly apply to private institutions, OCR regulations do apply. Those regulations, according to OCR?s letter, must not ?be interpreted in ways that would lead to the suppression of protected speech on public or private campuses.? Assistant Secretary Reynolds writes, ?Any private post-secondary institution that chooses to limit free speech in ways that are more restrictive than at public educational institutions does so on its own accord and not based on requirements imposed by OCR.?

OCR also restates the law regarding ?hostile environment? harassment, saying, ?In order to establish a hostile environment, harassment must be sufficiently serious (i.e., severe, persistent or pervasive) as to limit or deny a student?s ability to participate in or benefit from an educational program.? OCR further reminds colleges and universities that conduct is not punishable harassment merely because a person subjectively feels harassed. Harassment must be ?evaluated from the perspective of a reasonable person in the alleged victim's position.? ?This makes it clear,? Silverglate noted, ?that the viewpoint expressed in a remark, no matter how offensive or challenging, can never, by itself, constitute harassment.?

Reynolds emphasizes the seamless fabric of American liberty: ?There is no conflict between the civil rights laws that this Office enforces and the civil liberties guaranteed by the First Amendment.?

?OCR has done a great service for liberty today,? said Silverglate. ?All too often, the proponents of campus restrictions on speech bizarrely have presented civil rights for women and minorities, on the one hand, and civil liberties, on the other, as somehow at odds with one another. OCR recognizes that there is no inconsistency between civil liberties and civil rights and that civil liberties are a necessary precondition for the continued survival of civil rights.?
The Foundation for Individual Rights in Education is a nonprofit educational foundation. FIRE unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals across the political and ideological spectrum on behalf of individual rights, freedom of expression, freedom of conscience, and due process on our nation?s campuses. FIRE?s ongoing efforts on behalf of freedom of expression and debate can be seen by visiting www.thefire.org.

UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS
THE ASSISTANT SECRETARY

July 28, 2003

Dear Colleague:

I am writing to confirm the position of the Office for Civil Rights (OCR) of the U.S. Department of Education regarding a subject which is of central importance to our government, our heritage of freedom, and our way of life: the First Amendment of the U.S. Constitution.

OCR has received inquiries regarding whether OCR's regulations are intended to restrict speech activities that are protected under the First Amendment. I want to assure you in the clearest possible terms that OCR's regulations are not intended to restrict the exercise of any expressive activities protected under the U.S. Constitution. OCR has consistently maintained that the statutes that it enforces are intended to protect students from invidious discrimination, not to regulate the content of speech. Harassment of students, which can include verbal or physical conduct, can be a form of discrimination prohibited by the statutes enforced by OCR. Thus, for example, in addressing harassment allegations, OCR has recognized that the offensiveness of a particular expression, standing alone, is not a legally sufficient basis to establish a hostile environment under the statutes enforced by OCR. In order to establish a hostile environment, harassment must be sufficiently serious (i.e., severe, persistent or pervasive) as to limit or deny a student's ability to participate in or benefit from an educational program. OCR has consistently maintained that schools in regulating the conduct of students and faculty to prevent or redress discrimination must formulate, interpret, and apply their rules in a manner that respects the legal rights of students and faculty, including those court precedents interpreting the concept of free speech. OCR's regulations and policies do not require or prescribe speech, conduct or harassment codes that impair the exercise of rights protected under the First Amendment.

As you know, OCR enforces several statutes that prohibit discrimination on the basis of sex, race or other prohibited classifications in federally funded educational programs and activities. These prohibitions include racial, disability and sexual harassment of students. Let me emphasize that OCR is committed to the full, fair and effective enforcement of these statutes consistent with the requirements of the First Amendment. Only by eliminating these forms of discrimination can we fully ensure that every student receives an equal opportunity to achieve academic excellence.

Some colleges and universities have interpreted OCR's prohibition of "harassment" as encompassing all offensive speech regarding sex, disability, race or other classifications. Harassment, however, to be prohibited by the statutes within OCR's jurisdiction, must include something beyond the mere expression of views, words, symbols or thoughts that some person finds offensive. Under OCR's standard, the conduct must also be considered sufficiently serious to deny or limit a student's ability to participate in or benefit from the educational program. Thus, OCR's standards require that the conduct be evaluated from the perspective of a reasonable person in the alleged victim's position, considering all the circumstances, including the alleged victim's age.

There has been some confusion arising from the fact that OCR's regulations are enforced against private institutions that receive federal-funds. Because the First Amendment normally does not bind private institutions, some have erroneously assumed that OCR's regulations apply to private federal-funds recipients without the constitutional limitations imposed on public institutions. OCR's regulations should not be interpreted in ways that would lead to the suppression of protected speech on public or private campuses. Any private post-secondary institution that chooses to limit free speech in ways that are more restrictive than at public educational institutions does so on its own accord and not based on requirements imposed by OCR.

In summary, OCR interprets its regulations consistent with the requirements of the First Amendment, and all actions taken by OCR must comport with First Amendment principles. No OCR regulation should be interpreted to impinge upon rights protected under the First Amendment to the U.S. Constitution or to require recipients to enact or enforce codes that punish the exercise of such rights. There is no conflict between the civil rights laws that this Office enforces and the civil liberties guaranteed by the First Amendment. With these principles in mind, we can, consistent with the requirements of the First Amendment, ensure a safe and nondiscriminatory environment for students that is conducive to learning and protects both the constitutional and civil rights of all students.

Sincerely,

Gerald A. Reynolds
Assistant Secretary
Office for Civil Rights
Department of Education

thefire.org



To: JohnM who wrote (4720)8/12/2003 5:34:09 PM
From: LindyBill  Read Replies (1) | Respond to of 793623
 
INSTAPUNDIT:

THE OFFICE OF CIVIL RIGHTS AT THE DEPARTMENT OF EDUCATION is making clear that civil rights laws don't support speech codes on campus:

Some colleges and universities have interpreted OCR's prohibition of "harassment" as encompassing all offensive speech regarding sex, disability, race or other classifications. Harassment, however, to be prohibited by the statutes within OCR's jurisdiction, must include something beyond the mere expression of views, words, symbols or thoughts that some person finds offensive. Under OCR's standard, the conduct must also be considered sufficiently serious to deny or limit a student's ability to participate in or benefit from the educational program. Thus, OCR's standards require that the conduct be evaluated from the perspective of a reasonable person in the alleged victim's position, considering all the circumstances, including the alleged victim's age.

There has been some confusion arising from the fact that OCR's regulations are enforced against private institutions that receive federal-funds. Because the First Amendment normally does not bind private institutions, some have erroneously assumed that OCR's regulations apply to private federal-funds recipients without the constitutional limitations imposed on public institutions. OCR's regulations should not be interpreted in ways that would lead to the suppression of protected speech on public or private campuses.

This should be obvious, but it's nice to have them on the record this way. (Via F.I.R.E. -- and note that the author of the OCR memo, Gerald Reynolds, is no relation.) F.I.R.E.'s press release is here.
instapundit.com



To: JohnM who wrote (4720)8/12/2003 5:54:41 PM
From: LindyBill  Respond to of 793623
 
I knew Krugman was talking though his hat with his column on the Military called "Thanks for the M.R.E.'s." The "water" remarks had to be wrong, and Phil Carter shows why. I will wait for the retraction with bated breath. :>)

2. Krugman cites to some letters on Hack's website, including one where soldiers complain about water supplies.
One writer reported that in his unit, "each soldier is limited to two 1.5-liter bottles a day," and that inadequate water rations were leading to "heat casualties." An American soldier died of heat stroke on Saturday; are poor supply and living conditions one reason why U.S. troops in Iraq are suffering such a high rate of noncombat deaths. This is a flat-out false statement . The truth is, according to Sergeant Major of the Army Jack Tilley during a recent press conference in Iraq, that soldiers are being issued two 1.5 liter plastic bottles of water today in addition to their regular water supply, which is provided in 500-gallon "water buffaloes" and other means. In fact, the planning factor for a soldier in a desert environment is something like 10 gallons of water per day -- plus between 10-50 pounds of ice per day (Note: a lot of this ice goes to food preparation and bulk water cooling, not directly to the soldier). A significant portion of the logistical effort goes to pushing this "Class I" supply forward to soldiers in the field, and distributing it. The physiology of this is obvious. If soldiers in Iraq were being forced to live on 3 liters/day, they would die.

Clearly, there is other water out there. Some soldiers are simply whining because they can't get an unlimited supply of Evian bottles, the way they did in Gulf War I when the Saudis footed the bill and the American supply lines weren't set up yet. I say: "Tough". Get your water in bulk from the water buffalo, fill your CamelBak, and deal with it.
philcarter.blogspot.com