
A Game Changer in Pakistan? |
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by Howard Schweber, October 12, 2009 |
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Last week, Taliban-affiliated forces launched an attack on the national headquarters of the Pakistani Army. The result was a firefight followed by a standoff with hostages that ended earlier today. This attack represents a game-changing moment for Pakistan, and by extension for the US-led coalition in Afghanistan. Here's why.
In the past, the Pakistani military and intelligence (ISI) establishment have allowed the Taliban considerable freedom of operation inside Pakistan, and either turned a blind eye or provided support to Taliban and Al Qaeda forces operating across the border in Afghanistan who are based inside Pakistan, primarily in South Waziristan.
The toleration of Pakistani Taliban wore thin in May, when Taliban forces seized control of the Swat Valley, ending a truce with the Pakistani government. That action prompted the Pakistani military to engage in an extended campaign over the Summer to unseat them, leading to a formal declaration of surrender by Taliban forces in September. During the course of that campaign, Pakistani forces massed on the border of South Waziristan, the province that is home to the bulk of the Taliban and Al Qaeda forces, but never actually went in. Invading South Waziristan would be no small undertaking. There are an estimated 10,000 Taliban fighters in that province, and previous military incursions have been beaten back with significant losses.
Despite the crackdown on the Taliban inside Pakistan, the military and the ISI have continued to allow Al Qaeda and Afghan Taliban forces to operate with impunity, presumably as a check on Indian influence in Afghanistan. India's influence is largely in the form of infrastructure investment. Pakistan simply does not have the economic resources to compete on that basis, so it relies on Pashtun proxies. As recently as this past week, in fact, Afghan government sources allege that the ISI was directly involved in a Taliban attack on the Indian Embassy in Kabul.
Universal Single Payer Shamanistic Death Panels |
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by Howard Schweber, August 11, 2009 |
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Back in the mid-1990s, American seniors were mobilized into action to resist a plan to reform the Medicare system - in fairly modest ways - by scare tactics and misrepresentations. That time, of course, the losers of the exchange were the Republicans, who wanted to look for ways to cut down on fraud and waste, slow the rate of payment increases, and impose some level of cost-benefit analysis into the process of decision-making for Medicare funded procedures (sound familiar?) At one point, a proposal to slow the rate of increased spending was being publicly presented as a plan to slash Medicare spending. Some movies are criticized for being derivative - this kind of argument is a second derivative.
The Republicans called it "Mediscare," and no one did it better than Clinton during the 1996 election. I vividly remember the outrage of a friend of mine, at the time a Republican Party operative in an East Coast state known for its colorful politics. He was incensed at the dishonesty, the bare primacy of politics over policy, the use of appeals to raw emotion to stifle any serious discussion of a critically important policy issue. (Side note: the friend in question later moved from politics to banking, switched to the Democratic Party, and converted to Judaism. Um, I think I feel good about it.) Of course, the Republicans got their turn with Hillarycare, and Harry and Louise. I just saw a really sad story about the actress who played Louise in those commercials; apparently she later couldn't get work because directors would say "I'm not hiring the woman who killed health care reform."
And now we have the Obamacare "debate." In one sense, this is just another chapter of the bipartisan tradition of demagoguing social policy in the name of party politics. And Americans in large numbers go for it every time. On a side note, what is it about us? I'm not actually sure Americans are capable of meaningful rational collective except in the face of imminent and total disaster. I think it's part of the anarchic strand of Romantic madness in the American character that comes down to us from Tom Paine and Daniel Shays. Perfectly sober Bohemian Socialists, well-disciplined Italian Anarchists, long-suffering Slovak peasant farmers, decent, hard-working Irish nationalist - they all came to America, abandoned their Left revolutionary roots, and turned into populist whack jobs. And then they became Nativists, which is even more miraculous. I remember a news story about a controversy over a mosque in Hamtramck, Michigan. One local resident, in particular, complained that the call to prayer being broadcast from the minaret was un-American - "if they're going to live in America, why can't they be more American," she asked? I saw a video of the interview. While the video shows, that the newspaper interview does not, is that she made this statement standing in front of a church whose lettering was in Ukrainian. But I digress.
So there is nothing new about Mediscare-style arguments, rambunctious and easily manipulated populists, or Astroturf-style mobilizations. But there is something about this debate that feels different, something more intense. I kept trying to put my finger on it, to find a phrase to capture the elusive qualitative difference between these scare tactics and those of political operatives past. And then Samantha Bee capture the zeitgeist of the moment in a single pithy phrase: "universal single-payer shamanistic death panels."
Sarah Palin, the First Amendment, and a Letter to Santa |
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by Howard Schweber, July 5, 2009 |
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Dear Santa,
I know I haven't written in a while, but something has come up.
Sarah Palin, through her attorney, is threatening to sue blogger and radio personality Shannon Moore for reporting the existence of rumors about a pending investigation of Palin’s dealings in connection with the construction of the Wasilla Sports Complex and the Palin residence.
oh please, oh please, oh please
The basis for such a suit is clear. For too long we have witnessed the politics of personal destruction, the bloodsport of smearing a persons’ reputation. The courts are the last resort, the place where the innocent can avenger her honor, save her reputation, and take some measure of revenge on her tormentors.
oh double please, oh double please, I’ll be good for a whole year, I promise
Remember the lengthy list of hit jobs on Hilary? The accusations that Bill hired killers to murder his opponents and ran planes full of cocaine up from Latin America? Remember black helicopters? And how about the current President - have you heard any false accusations about him? Well, Sarah Palin stands ready to ride tall into the sagebrush of the mountaintop … wait a minute, I lost my metaphor.
remember that time I was ten and I really wanted a pony? I want this more. Much, much more. Please-please-please. I’ll never ask for another thing, I promise.
Okay, I suppose I ought to make some pretense of a serious point. Here goes. The standards for a public figure suing someone for libel are set by New York Times v Sullivan, as modified by Gertz v Welch. The original Sullivan rule applied to political figures; the gloss extended it to “public figures” generally. The standard is that for a public figure to prevail in a libel suit, they have to prove that the statement in question was made with “malice,” or at a minimum with “reckless disregard for the truth.” In practice, that “reckless disregard” standard has been pretty well abandoned; the only way for a public figure to win a libel suit is to show that the party making the statement knew it was false.
Iran's Hard and Uncertain Road |
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by Howard Schweber, June 25, 2009 |
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The courage and determination of the protestors in Iran are inspiring, and the brutality of the regime’s response is revolting. The reminder that, as Fareed Zakaria recently put it, “What you know about Iran is wrong” could not be more timely.
All that being said – with absolute heartfelt sincerity – it is worth looking ahead and thinking about what is likely to come next. There are two things to think about here. First, how long can the opposition sustain itself? Four, five, or six weeks from now, will the protests still continue? Will the world still be watching Youtube videos being recycled on CNN? Second, if a revolution were to occur, what would it look like? The catchphrases of this opposition are “death to the dictator” and “Allah u Akhbar.” Both are religious arguments: a Muslim ruler is expected to rule justly, so a “dictator” cannot be a legitimate Muslim ruler. But the religious language in which this uprising is being conducted should make us cautious in assuming too much about the consequences of even a dramatic change in the ruling regime.
Start with the cause of the protests, the stolen election. If there was any remaining doubt on that question, this statement by Guardian Council spokesman Abbas-Ali Kadhodaei should settle the matter: "Statistics provided by Mohsen Rezaei in which he claims more than 100% of those eligible have cast their ballot in 170 cities are not accurate -- the incident has happened in only 50 cities” and that no more than 3 million votes are likely to have been affected. Ah, well, in that case … (Kadhodaei points out that Iranians are not prevented from voting outside their home districts so that some occurrence of greater than 100% turnout is not impossible. That argument is not remotely persuasive. For a very fine statistical analysis confirming the conclusion that the election was fraudulent, see Walter Mebane’ paper here.
But the fact that the election was stolen does not mean that Ahmedinijad lacks widespread support. There is good reason to think that Ahmedinijad would – or at least could -- have won a clean election. There is an unlikely but not impossible scenario in which new elections are called … and the outcome is the same. (I assume here that the effects of the protests themselves on a subsequent election would be mixed; repeated reports that the basijis being bused into Tehran come from other parts of the country suggest that in this as in all things, “the Iran people” is not a singular, monolithic entity.)
As everyone involved recognizes, however, the protests and the initial government reaction have raised the stakes to the point of a challenge to the legitimacy of the governing regime. The government’s responding violence should not have come as a shock to anyone. But it remains the case that that violence is being carefully kept within limits. Some Western observers are reacting as though there has been slaughter in the streets: the announcement that European embassies are considering opening their grounds to provide sanctuary to injured protestors reminds me of the “unauthorized acts of decency” that were reported during the massacre at Smyrna in 1922. But that’s hardly an analogous case: the massacre at Smyrna involved the murder of tens or hundreds of thousands of Armenians (150,000 is one common estimate) by Turkish forces. The current analogy – the one we’re hearing over and over -- is Tiananmen Square.
The problem is that that, too, is a weak analogy. Tiananmen Square started with a million people occupying a central location on April 15; thousands participated in a lengthy hunger strike; tens of thousands remained there seven weeks later when the tanks rolled in on June 4. The Chinese Red Cross estimated that 2,600 people were killed in a matter of hours. The issue at Tiananmen was stark: particularly against the background of the ongoing collapse of the Soviet Union, the future of Communism itself seemed to be in the balance. And the world was watching closely, fed reports and images by western correspondents right up to the end.
The Iranian protests don't seem to be going that way. First, neither the protestors nor the government – especially the government -- seem to be looking for a pitched confrontation. After the biggest marches, on Monday, everyone went home. Day after day the protestors have come back for more in the face of teargas and batons and frequent live fire … but there has been nothing like the sustained seizure of public space that set the battle lines at Tiananmen Square. Saturday would have been an opportune moment for an all-out confrontation: many protestors were ready to face death, and in some cases the government obliged, making the tragic death of a young woman named Neda the signature moment of the conflict thus far. But even on Saturday the government forces did not unleash full-scale military repression.
The government’s strategy appears to be Tiananmen in slow motion: the application of low-level but steady violence in the hopes that the protestors will eventually give up. There are some signs that the strategy is working. Protests continued Saturday night and Sunday, but the numbers are down. Tactics like using the police to bar access to public squares and forcing people to keep moving are making it much harder to mount large-scale sustained marches. Using police and basiji forces to prevent gatherings or disperse them before they grow too large – rather than trying to disperse them by force after the fact -- and the widespread arrests of perceived or potential leadership figures are strategies aimed at turning a flashpoint confrontation into a sustained low-level counterinsurgency operation, a strategy should sound familiar.
The Iranian government is dominated by a generation that remembers not only the Revolution of 1979, but more immediately the Iran-Iraq War with its million Iranian dead. The basijis who are doing the skull-cracking and shooting now are the same force that launched suicidal human wave attacks against much better (American) armed Iraqi forces in the marshes. In other words, this is a regime that has no trouble accepting casualties and has the forces available that are ready to both inflict and absorb much, much more.
Meanwhile, the extensive efforts to curtail the use of cell phones and cameras, the government’s Youtube propaganda strategy, the effective exclusion of direct reporting by Western agencies, in turn, are aimed at preventing the world’s attention from focusing around a symbolic object like the Lady Liberty statue. (What a triumph Nico Pitney’s live blog has been for Huffpo; and how pathetic has the MSM been in comparison? Is anything sadder than CNN’s putting up videos they got from Youtube?) The world is trying to watch what is happening. Will they still be trying just as hard after a month without direct news reporting?
We hear that there is a fierce power struggle going on in the meantime, between clerics aligned with Rafsanjani – these are real ayatollahs, which Khamenei is not – and others loyal to the regime, but nothing thus far suggests that a revolution will emerge from Qum. The move are complicated, and hard to read – presumably Rafsanjani and Khamenei are each trying to line up support. Khamenei recently spoke well of Rafsanjani, suggesting the he wants to avoid an outright split. At the same time, The New York Times has a story today detailing efforts to discredit Moussavi as an agent of foreign powers in the government press, a move described as suggesting “that the government may be laying the groundwork for discrediting and arresting Mr. Moussavi.” The story also quotes Iranian politicians calling for retrenchment and “reconsidering relations” with European nations. The worst outcome could be a power-struggle that Ravsanjani loses, leading to retrenchment and reconsolidation. The best outcome appears to be some incremental steps or revisions in power-sharing arrangements, at the most; nothing to turn the unrest in the streets into a top-down revolution.
Finally, even if revolutionary change does come, it might be well to be cautious in predicting its consequences. As I noted previously, the language of the protests has become religious. Some of this is an attempt to enlist popular support rather than a reflection of the protestors’ underlying beliefs, but the result is the same: they are protesting in the name of Islam. That is part of what makes the opposition's appeal so powerful, which should be yet another reminder of the simplistic American public understanding of Islam – particularly Shiite Islam -- in the Middle East. But as we have learned time and again, “democracy” does not necessarily equal “Western,” let alone “secular” or “liberal” (this is as true in the U.S., Israel, and Europe as anywhere else.) And certainly “democratic” does not mean “pro-American.” Khamenei’s government earned its unpopularity by staggering economic incompetence, not by its belligerent nationalism; very broad support for that nationalism remains. In other words, a new or revised regime might be one that features considerable reforms internally but that is no less eager to be involved in regional affairs, particularly with respect to Shiite Iraq. It is ridiculous to assert that Mousavi would not govern Iran differently than Ahmedinijad in terms of its internal affairs, but it is far less clear that Mousavi would be an Iranian Gorbachev, as some have suggested. (Ironically, this is a fear that has been expressed by both Israeli and Palestinian leaders: officials in Netanyahu’s government fear that a reformed government would be just as ambitious but less isolated, while Palestinians fear that a reformed government would be less inclined to make their cause a central concern in its dealings with Western nations in order to maintain good relations.)
Most likely the protests will continue through this week, and so will the low-level violence and the clampdown, the obvious acts of violence by government provocateurs, and the equally obvious propaganda. Down the road? Something powerful is moving in the streets of Tehra, but (to mix my metaphors) it is not clear that this new bird will be ready to hatch and take flight for some time yet. And we can have only the dimmest idea as to what kind of bird it will be turn out to be.
[cross-posted at Huffingtonpost.com]
Representation, Empathy, and the Supreme Court |
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by Howard Schweber, May 19, 2009 |
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As President Obama considers his nominee for the position of Associate Justice of the Supreme Court, a lot of the talk is about the desirability of appointing a woman or an Hispanic to the Court. There are two very different arguments that might be behind such an idea. The first is the idea that the Court should be in some way a representative body, reflecting the make-up of the American polity. The problem with that idea is that from the outset, the Court was intended to be a non-representative body. The different branches of government are not only designed to check one another through the exercise of overlappin powers, they are also intended to be different in kind from one another. Membership in the House and the Presidency, in different ways, are representative offices; the Court and (prior to the XVIIth Amendment) the Senate were not. Those institutions were intended to be elitist. The classic story is from the early 1970s, when President Nixon nominated G. Harold Carswell for a position on the Court. It was widely agreed that Carswell was unqualified, in fact mediocre, but that did not dissuade Sen. Roman Hruska (R Neb.). Hruska gave us this famous appeal to the principle of representation: "Even if he is mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they, and a little chance?" Russell Long (D La) added his own academic spin to the populist position: "Does it not seem that we have had enough of those upside-down, corkscrew thinkers? Would it not appear that it might be well to take a B student or a C student who was able to think straight, compared to one of those A students who are capable of the kind of thinking that winds up getting a 100% increase in crime in this country?"
On the other hand, there is an entirely different argument in favor of representation on the Court, one that is directly connected to Obama's desire for a justice with a demonstrated capacity for "empathy." This is the idea that a woman, an Hispanic, or a member of some other presently underrepresented group will bring a particular perspective to the task of judging that is relevant to the work of the Court. That is a perfectly valid argument, and it appears to be the one motivating Justice Ginsberg. In Ginsberg was visibly upset by her male colleague's lack of empathy for a 13-year old girl who was subjected to a strip search by school officials based on an unsubstantiated tip that she was in possession of Ibuprophen. Dahlia Lithwick, writing on Slate, describes part of the colloquy. "Nobody but Ginsburg seems to comprehend that the only locker rooms in which teenage girls strut around, bored but fabulous in their underwear, are to be found in porno movies. For the rest of us, the middle-school locker room was a place for hastily removing our bras without taking off our T-shirts. But Breyer just isn't letting go. "In my experience when I was 8 or 10 or 12 years old, you know, we did take our clothes off once a day, we changed for gym, OK? And in my experience, too, people did sometimes stick things in my underwear."
Issue like the degree to which an action by state authorities is traumatic or violate accepted social norms come up all the time, which is exactly why empathy is such an important quality in a Supreme Court justice. The classic case is Justice Powell. Powell cast the deciding vote with the majority in Bowers v. Hardwick in 1986; according to Edward Lazarus' book Closed Chambers, during conference, Powell informed his colleagues that he "had never met a homosexual," and gave the impression that he might have voted against the law - as he originally intended to do - but for this lack of exposure to a member of the affected class. After the vote, Powell's long-time chief clerk informed the Associate Justice that he was, in fact, gay; in later speeches Powell declared that he regretted his vote. But a Supreme Court justice's ability to recognize harm being done to someone by an action of the state should not depend on his or her being personally acquainted (and aware that they are acquainted) with a member of the same group. That's what empathy - what Martha Nussbaum calls "narrative imagination" - is all about, the capacity to recognize the reality of others' situation.
So if being a woman or an Hispanic is a requirement for the ability to empathize with female or Hispanic members of the population, the argument for including representatives of those groups on the Court makes sense. The problem is knowing how far to take the principle.
Here's a tricky case: religion. Our current Court has gone to great lengths to relax the separation of Church and state by insisting that religious discourse be included in public discussion and religious groups be given access to public facilities on the grounds that religion is a form of viewpoint. In Rosenberger v Rectors of University of Virginia (1995), Jutice Kennedy put it this way: "Religion may be a vast area of inquiry, but it also provides, as it did here, a specific premise, a perspective, a standpoint from which a variety of subjects may be discussed and considered." The move involves shifting the focus away from the Religion Clauses of the First Amendment toward the Free Speech Clause: if, as Justice Kennedy eloquently told us, religion is a viewpoint as well as a content, then failing to use public resources to support religious expression on the same basis that secular expression is supported constitutes the suppression of expression.
Well, either one believes Kennedy's argument or one does not. If the argument is accepted - that is, if we agree that religion is a specific viewpoint - then what are we to make of the fact that there are presently five Catholic justices on the Court, and may be a sixth shortly? Personally I don't buy the argument. Of course many people's views are shaped by their religious faith, but that's not the same thing as saying that religion is in and of itself a viewpoint; by the same token, I do not assume that anything at all follows from the fact that the majority of the Court is presently drawn from a particular religious minority (24% of the population, which makes them either a minority or the largest community among a plurality, depending on whether one disaggregates "Protestant.") But if Kennedy is right, then of course a predominantly Catholic Court must be expected to reason differently - from a different "viewpoint" - than the old all-Protestant Courts of yore, or the variously mixed Courts of the modern era. In which case there is a problem if one believes in the idea of a representative Court.
The point is that any argument in favor of choosing a woman, an Hispanic, or a Wiccan (the fastest-growing religion in America!) should be made in terms of an expectation that such a justice will display a level of knowledge or imagination of social realities that would otherwise be unavailable. That's not an argument about representation, that's a perfectly valid (if debatable) argument about qualifications. In fact, that's the real point of the argument about empathy. I hope to hear the Obama people make it.
[cross-posted at Huffingtonpost.com]