Things I Learned from the Death Panels.

The ‘death panel’ episode shows how the news media, after aiding and abetting falsehood, were unable to perform their traditional role of reporting the facts. By lavishing uncritical attention on the most exaggerated claims and extreme behavior, they unleashed something that the truth could not dispel.” In the NYT, Rep. Earl Blumenauer (D-OR) reviews the sad, sordid tale of Death Panel fear-mongering by the GOP this past summer.

In very related news, it seems the Republican National Committee’s health insurance plan, contra all their rhetoric on Stupak, has not only covered abortion services for the past eighteen years — it includes end-of-life counseling, a.k.a. the “Death Panels” of Sarah Palin’s nightmares. These folks really have no shame.

The Vote ’09.

“That Rove and so much of the Punditburo refuse to acknowledge this reality and instead forward this fantastical story about today’s elections being a pro-Republican ‘bellweather’ is to be expected. More and more of the political prognostication industry has been taken over by biased shills who are wielding a partisan axe. But the objective truth is clear: Democrats certainly have some weaknesses and problems, but the fact that Democrats are even competing in these supposedly “key” races suggests Republicans have their own – and arguably far bigger – weaknesses and problems as well.

Happy Election Day everyone, particularly those of you in Virginia (Deeds), New Jersey (Corzine), NY-23 (Owens), and Maine (No on 1.) Looks like we Dems will have a bad night of it, all in all, but as Open Left‘s David Sirota notes above, let’s keep things in perspective. Given the still-woeful state of the economy and particularly the job markets, it’s an anti-incumbent mood out there right now, and sitting GOP governors like Schwarzenegger or Charlie Crist would be in a world of hurt if they were on the ballot today as well.

Plus, as Frank Rich pointed out over the weekend, the weird wild fight in NY-23, which saw the GOP candidate drop out and endorse the Dem, signifies a party in full self-immolation mode: “The battle for upstate New York confirms just how swiftly the right has devolved into a wacky, paranoid cult that is as eager to eat its own as it is to destroy Obama…Who exactly is the third-party maverick arousing such ardor? Hoffman doesn’t even live in the district.” Burn, baby, burn.

Update: “All worried that ACORN was going to show up in the district, or even at the Biden event — a paranoia that led to some minor awkwardness when an African-American Hoffman worker walked by. ‘This guy’s with ACORN,’ said Dewitt. ‘Definitely, not from around here,’ said businessman Erik Dunk.” The Washington Independent‘s Dave Weigel reports in from the ground on NY-23.

The Progressives Made Us Do It.

“‘We’ve spent countless hours over the last few days in consultation with senators who’ve shown a genuine desire to reform the health-care system,’ Reid said. ‘And I believe there’s a strong consensus to move forward in this direction.'” Yer damn skippy. The Senate health care reform bill will include an opt-out public option, mainly because Senate progressives demanded it. “Reid and the leadership faced this basic math: There is only one Snowe and there are 60 members of the Democratic caucus. If just a few Democrats abandoned the bill, it would fall short even with Snowe’s support.

Also worth reading, Nate Silver’s concise ten-point summation of why a public option made the Senate bill. Note #1: “The tireless, and occasionally tiresome, advocacy on behalf of liberal bloggers and interest groups for the public option. Whatever you think of their tactics — I haven’t always agreed with them — the sheer amount of focus and energy expended on their behalf has been very important, keeping the issue alive in the public debate.” Keep up the good fight, y’all. This ain’t over yet.

Update: To wit, Senator Lieberman is up to his old antics: “I told Senator Reid that…if the bill remains what it is now, I will not be able to support a cloture motion before final passage. Therefore I will try to stop the passage of the bill.” Let’s remember. Lieberman — who played this same game back in 1994 — was allowed to keep his chair last November mainly on the pretense that he wouldn’t hold up important Democratic legislation. One would think this counts.

Outrage, Bought and Paid for.

“The two primary groups — Americans for Prosperity and FreedomWorks — actually grew out of the 2003 breakup of an outfit called Citizens for a Sound Economy that had been integral in the fight against Hillarycare. Indeed, the same ‘Tobacco Strategy’ memo in which Philip Morris boasts of shaping McCaughey’s writings also reveals that the tobacco giant paid Citizens for a Sound Economy to engineer a “grassroots” revolt against health care reform by staging demonstrations in the home districts of key congressmen.

In Rolling Stone, Tim Dickinson follows the money to expose the Republicans’ recent astro-turfing campaign against health care reform. In short, it’s the “Brooks Brothers Riot” all over again. In fact, “Americans for Prosperity, which has taken the lead in the current fight against reform, is a front group for oil billionaires David and Charles Koch, co-owners of the world’s largest private oil and gas conglomerate…Matt Schlapp, one of the original ‘Brooks Brothers rioters’…now serves as director of federal affairs for Koch Industries, orchestrating the firm’s political efforts in Washington.

Republic for Sale.

“If Republicans were wondering how their 2012 presidential candidate is going to compete against President Obama’s $600 million fundraising juggernaut, the Supreme Court seems poised to provide an answer: unlimited corporate spending supporting the Republican candidate, or attacking Obama.” With Justice Sotomayor aboard, the Supreme Court holds a special session today to re-hear arguments in Citizens United v. F.E.C.

And, as Slate‘s Richard Hasen explains, the projected outcome does not look good for McCain-Feingold or advocates of campaign finance reform. “If Roberts or Alito were ready to go the narrow route again in Citizens United, however, there would have been no reason to set the case for reargument explicitly asking the parties to brief the constitutional question, and certainly no reason to rush the case to September so it can be decided before the 2010 election season goes into full swing…Expect the floodgates to open, and the money to flow freely, as early as next year.

The Messaging War.

“The narrative is simple: Insurance company plans have failed to care for our people. They profit from denying care. Americans care about one another. An American plan is both the moral and practical alternative to provide care for our people.

Cognitive scientist George Lakoff discusses how the administration should best promote health reform (and the American Plan, nee “public option”), and offers a choice critique of “policy speak” — the old progressive standby of “enlightening public opinion” — that would make Walter Lippmann very happy: “To many liberals, Policy Speak sounds like the high road: a rational, public discussion in the best tradition of liberal democracy. Convince the populace rationally on the objective policy merits. Give the facts and figures. Assume self-interest as the motivator of rational choice. Convince people by the logic of the policymakers that the policy is in their interest. But to a cognitive scientist or neuroscientist, this sounds nuts. The view of human reason and language behind Policy Speak is just false.

Lakoff aside, the good folks at Media Matters have compiled a useful list of “Myths and Falsehoods about Health Care Reform,” and how best to refute them. And, next time somebody starts ranting at you about how Big Guv’mint never does anything right, send ’em here with a smile.

Blue Sky Mining.

“One of the bill’s co-sponsors, Rep. Edward J. Markey (D-Mass.), said: ‘The American people wanted change in our energy and climate policy. And this is the change that the people are overwhelmingly asking for.’ He called it ‘the most important energy and environment bill in the history of our country.‘” After much wrangling and a half-hearted GOP attempt at filibuster (which is only a prerogative of the Senate), the House passes the Waxman-Markey climate bill, 219-212. (Eight Republicans voted for it, 44 Dems opposed.) The “cap-and-trade” bill “would establish national limits on greenhouse gases, create a complex trading system for emission permits and provide incentives to alter how individuals and corporations use energy.” [Key provisions.]

There is some concern that the bill has been watered down too much out of political necessity: “While the bill’s targets may seem dramatic, they are in fact less than what the science tells us is required to avoid catastrophic warming. The 2020 target in particular is far too weak and quite easy and cheap for the country to meet with efficiency, conservation, renewables and fuel-switching from coal to natural gas.

Still, environmentalists remain hopeful. “It is worth noting that the original Clean Air Act — first passed in 1963 — also didn’t do enough and was subsequently strengthened many times.” And, while the bill — which (sigh) gives away 85% of the new emission allowances (the heart of the “cap-and-trade” market hopefully soon to emerge) to interested parties — looks to “set off a lobbying feeding frenzy,” groups like the NRDC seem to agree that “[t]his is the best bill that can actually get through committee.”

Of course, now the bill has to get through the Senate, where the usual lions lie in wait. “”Senator Inhofe of Oklahoma said ‘It doesn’t matter,’ he declared flatly, ‘because we’ll kill it in the Senate anyway.'” And even some Dems are fatalistic about its prospects. “Mississippi Rep. Gene Taylor (D) voted against the measure that he says will die in the Senate. ‘A lot of people walked the plank on a bill that will never become law,’ Taylor told The Hill after the gavel came down.” Looks like Sen. Reid has his work cut out for him.

The Ghosts of Ford and Bourne.

As most everyone keeping up on current events these days knows, the people around the president, as well as the president himself, spend a good bit of time emphasizing the pragmatic nature of this administration. One senior administration official recently deemed the president a “devout nonideologue”, and Obama himself has argued several times that he aims to tackle the myriad problems before us with a “ruthless pragmatism.” Now, we’ve seen nothing to indicate that Obama’s pragmatic nature is an act. If anything, from installing Sen. Clinton as his Secretary of State to keeping Sec. Gates at Defense, it’s clear that pragmatism, accommodation, and inclusiveness are his temperamental instincts as a politician. Nevertheless, it’s also clear that comparisons to Franklin Roosevelt, and the “bold, persistent experimentation” Roosevelt promised in 1932 — and subsequently followed through on over the course of the decade — aren’t entirely undesired by the White House.

Well, I’ve been traveling over the past few days, and thus haven’t been following the news as closely as usual. Still, even given President Obama’s health care announcement on Monday (highly reminiscent of the NRA in that it purports to let the big players in the health care industry help write the codes, so to speak) and the welcome declaration on Wednesday that the administration would soon seek a new regulatory apparatus for derivatives markets, Franklin Roosevelt was not the first president that came to mind as a point of reference for Obama this week.

No, that would be Gerald Ford, who, most historians agree, was an honorable man thrust into a thorny dilemma by the crimes of his predecessor, and who grievously hamstrung his own brief administration by deciding to pardon Richard Nixon. And now, it seems, history gets dangerously close to repeating itself. For, it’s moved beyond obvious that the Dubya administration not only willfully engaged in torture — clearly, bad enough — but did so to compel false confessions of an Iraq-9/11 connection that they knew never existed. And yet, we’ve already witnessed the ungainly sight of President Obama equivocating on the question of prosecutions in the name of some dubious “time for reflection, not retribution.” (Never mind that, as President Obama reminds us on other matters, wounds, like corruption, fester in the dark.)

This week, President Obama has compounded his recent error — twice. In the first of two eleventh-hour reversals, Obama — who has promised us “an unprecedented level of openness in government” many times over — instead chose to side with the publicists of the Pentagon and block the court-ordered release of new photographs detailing detainee abuse: “‘The publication of these photos would not add any additional benefit to our understanding of what was carried out in the past by a small number of individuals,’ Obama said yesterday. ‘In fact, the most direct consequence of releasing them, I believe, would be to further inflame anti-American opinion and to put our troops in danger.‘” (How bad are they? If Sy Hersh is correct, and there’s no reason to think he isn’t, they could be very, very bad.)

Then, today, the Obama administration announced they will continue using extra-legal military tribunals, not federal courts or military courts martial, for Gitmo suspects. “‘Military commissions have a long tradition in the United States,’ said Obama in a statement. ‘They are appropriate for trying enemies who violate the laws of war, provided that they are properly structured and administered.’” (The key line of the WP story: “In recent weeks, however, the administration appears to have bowed to fears articulated by the Pentagon that bringing some detainees before regular courts presented enormous legal hurdles and could risk acquittals.)”

Obama’s statements aside, the arguments — re: excuses — in favor of blocking the release of these no-doubt-horrifying photos and maintaining extralegal tribunals — now with 33% less illegality! — are the thin gruel you might expect. The WP’s Dan Froomkin already eviscerated the former quite devastatingly, while Salon‘s Glenn Greenwald, laudable as usual, has taken point on the idiocy of the latter: “[W]e’ll give due process as long as we’re sure we can win, and if we can’t, we’ll give you something less.” In both cases, the principle animating the advice given to President Obama seems mainly to be the usual self-serving, CYA behavior of Dubya holdovers at the Pentagon.

But that doesn’t absolve President Obama of his failures here. For whatever reason — perhaps he’s trying to smooth things over in these areas so he can focus on the considerable domestic problems on his plate — Obama is increasingly making the exact same mistake as Gerald Ford. As other commentators have pointed out, by shoving the rampant illegalities of the GWoT under the rug — or worse, perpetuating them — Obama is dangerously close to making his administration retroactively complicit in the crimes of the previous administration.

Now, I’d like to move on to fixing the economy and universal health care — not to mention voting, lobbying, and campaign finance reform — as much as the next guy., But sidestepping the tough choices on torture and the imperial presidency, as Paul Krugman (whom I’ve had issues with but am in complete lockstep with here) noted a few weeks ago, is simply not an option, if we are to maintain anything resembling our national soul after this egregious wallowing in torture and illegality.

Speaking of which, a quick comment on the emerging question of what and when Speaker Pelosi knew about torture (which the Republicans have shamelessly latched onto like a life raft — see in particular Karl Rove frantically pointing at her to save his own skin the other day. You can almost smell the desperate flop sweat exuding from his every pore.) Well, let’s look into it. Commissions, investigations, prosecutions — let’s quit screwing around and start getting to the bottom of this fiasco. I can’t believe I have to keep writing this like it’s even a bone of contention, but look: If we can’t get it together enough to collectively agree that torture is both immoral and illegal, and that those who designed and orchestrated these war crimes during the Dubya administration be subject to investigation, prosecution, and punishment, then we might as well call this whole “rule of law” thing off. As ethicist David Luban noted yesterday in congressional testimony, the relevant case law here is not oblique. Either the laws apply to those at the very top, or they don’t — in which case, it’s hard to see why anyone else should feel bound to respect them either.

Which brings me back to pragmatism. Hey, in general, I’m all for it, particularly when you consider all the many imbecilities thrust upon the world by the blind ideological purity of the neocons of late. But, let’s remember, the limits of pragmatism as a guiding national philosophy were exposed before all the world before Obama, or even FDR, ever took office. When, after several years of trying to stay well out of the whole mess, Woodrow Wilson entered America into World War I in 1917, the very fathers of Pragmatism, most notably philosopher of education John Dewey, convinced themselves war was now the correct call and exhorted their fellow progressives, usually in the pages of The New Republic, to get behind it. (Many did, but others — such as Jane Addams and Nation editor Oswald Villard — did not.) War went from being a moral abomination to a great and necessary opportunity for national renewal. Given it was a done deal, the pragmatic thing to do now was to go with the flow.

Aghast at this 180-degree shift in the thinking of people he greatly admired, a young writer named Randolph Bourne called shenanigans on this “pragmatic” turnaround, and excoriated his former mentors for their lapse into war fervor. “It must never be forgotten that in every community it was the least liberal and least democratic elements among whom the preparedness and later the war sentiment was found,” Bourne wrote. “The intellectuals, in other words, have identified themselves with the least democratic forces in American life. They have assumed the leadership for war of those very classes whom the American democracy had been immemorially fighting. Only in a world where irony was dead could an intellectual class enter war at the head of such illiberal cohorts in the avowed cause of world-liberalism and world-democracy.

Now, you’d be hard-pressed to find a bigger cheerleader for the progressives than I. But the fact remains that Bourne, who perished soon thereafter in the 1918 influenza epidemic, was prescient in a way that many of the leading progressive thinkers were not. The emotions unleashed by the Great War and its aftermath (as well as the sight of the accompanying Russian Revolution) soon fractured completely the progressive movement in America, and proved exceedingly fertile soil for the reascendancy of the most reactionary elements around. (Back then “Bolshevik” and “anarchist” were preferred as the favorite epithets of the “One Hundred Percent American” right-wing, although “socialist,” then as now, was also in vogue. At least then they had real socialists around, tho’.) And the pragmatic writers and thinkers of TNR, who thought they could ride the mad tiger through a “war to end all wars,” instead found their hopes and dreams chewed up and mangled beyond recognition. They wanted a “world made safe for democracy” and they ended up with the Red Scare, Warren Harding, and an interstitial peace at Versailles that lasted less than a generation.

The point being: however laudable a virtue in most circumstances, pragmatism for pragmatism’s sake can lead one into serious trouble. And, as a guiding light of national moral principle, it occasionally reeks. As Dewey and his TNR compatriots discovered to their everlasting chagrin, you can talk yourself into pretty much anything and deem it “pragmatic,” when it’s in fact just the path of least resistance. And, when your guiding philosophy of leadership is to always view intense opposing sides as Scylla and Charybdis, and then to steer through them by finding the calm, healthy middle, you can bet dollars-to-donuts that the conservative freaks of the industry will always be pushing that “center” as far right as possible, regardless of the issues involved. And, eventually, without a guiding moral imperative at work — like, I dunno, torture is illegal, immoral, and criminal, or the rule of law applies to everyone — you may discover that that middle channel is no longer in the middle at all, but has diverted strongly to the right. In which case, welcome to Gerald Ford territory.

Nobody wants that, of course. We — on the left, at least — all want to remember the Obama administration not as a well-meaning dupe notable mainly for its unfortunate rubberstamping of Dubya-era atrocities, but as a transformational presidency akin to those of Lincoln and the two Roosevelts. To accomplish this goal, it would behoove the White House to remember that Lincoln, pragmatic that he was, came to abolition gradually, but come to abolition he did. Or consider that Franklin Roosevelt, pragmatic that he was, eventually chose his side as well. “I should like to have it said of my first Administration that in it the forces of selfishness and of lust for power met their match,” FDR said in his renomination speech of 1936. “I should like to have it said of my second Administration that in it these forces met their master.

I should like to have it said of President Obama’s administration as well. The alternative — Obama’s sad, “pragmatic” capitulation to Dubya-era criminals — is too depressing to contemplate. But the picture below (found here) gives you a pretty good sense of what it’ll mean for America if we don’t get to the bottom of this, and soon.

And he bled ’til Sunday night.

“‘We know that young man was killed in the commitment of a robbery. It wasn’t because he was gay,’ Foxx said during debate. ‘The bill was named for him, the hate-crimes bill was named for him, but it’s really a hoax that continues to be used as an excuse for passing these bills.’” Ladies and gentlemen, today’s rump Republican party in action: During House debate, North Carolina Congresswoman Virginia Foxx deems the anti-gay murder of Matthew Shepherd in 1998 a “hoax.” Classy. So, I guess Shepherd was really tied to a ranchpost and tortured to death because he wanted to draw attention to the gay agenda, right? These people make me sick.

He’s Our Specter Now.

“Since my election in 1980, as part of the Reagan Big Tent, the Republican Party has moved far to the right. Last year, more than 200,000 Republicans in Pennsylvania changed their registration to become Democrats. I now find my political philosophy more in line with Democrats than Republicans.” In today’s big news, Sen. Arlen Specter of Pennsylvania announces he’s becoming a Democrat. [Statement.] (Note the construction there. The voters switch over, and suddenly Specter reevaluates his political philosophy. A true statesman.)

Well, welcome to the new Big Tent, Senator. On one hand, this is clearly a PR coup for we Democrats. The country didn’t really need another reminder that the Grand Old Party has degenerated badly in recent years, but this can’t help but make the point crystal-clear once again. When even a guy like Specter wants nothing to do with you, that’s saying something. Here’s hoping Sens. Snowe and Collins of Maine follow his lead soon.

That being said, I wouldn’t really call Specter a great pick-up for us. Sure, I’m glad that he’ll feel the need to bend to the left politically rather than to the right from now on (where he was basically dead in the water — hence today’s decision.) But as far as politicans go, “Spineless Specter” has been more craven than most over the past few years. He folded badly on the illegal NSA wiretaps and was all too happy to push gaybaiting legislation through the Judiciary committee when it suited his GOP masters.

Plus, consider the timing here. Unlike Jim Jeffords of Vermont, who forced a Senate reorganization in 2001 (and subsequently paid a price for it once the GOP reassumed control in 2003), Specter’s switch doesn’t really change the balance of power all that much. Sure, he’s the 60th vote for cloture…if he does in fact vote with the Dems. But a Liebermanesque “independence” is probably more likely from him. And did we really need another Joe Lieberman? Surely the Keystone State could’ve provided us with a sounder Democrat to get behind in 2010.

Over in the NY Review of Books, Specter has recently suggested that he wants to help roll back the expansion of executive power, which he deems increasingly out-of-control since 9/11. Again, bully for him, I’m all for it. But he did a less than stellar job on this front during the warrantless wiretaps and censure resolution episodes, so it’s hard to take him seriously as an exemplar of civil liberties at this late date.

So now Specter’s playing for the home team, as it were. Well, ok, I much prefer D’s to R’s. But if the party label is going to mean anything, Sen. Specter really needs to start living up to it.