GOP, Johnson, Politics

Everything Old is New Again …

To understand the United States in 2022 you must understand the United States in 1964.

The country has many origin stories, the point from which you might glimpse the country we have become – the Declaration of Independence, Lincoln’s election in 1860, the end of Reconstruction and the rise of Jim Crow, the Great Depression, the Good War.

All those moments are woven into the fabric of our big, diverse, increasingly contentious and perhaps ungovernable nation. Not many of us would peg 1964 an origin moment. It was.

Lyndon Johnson signs the Civil Rights Act, July 2, 1964

Consider for a moment this pivotal 365 days, the year the writer Jon Margolis, not altogether cynically, termed in his book of the same name – “The Last Innocent Year.”

 “There was a time,” Margolis wrote, “when the delusion of innocence was easy to believe, when the myth was at least as useful as it was deceiving. That time ended when 1964 did.”

John Kennedy, a deeply flawed but profoundly inspiring president was dead as 1964 dawned, shot down the previous November in Dallas, the epicenter of the radical right in the 1960s. The John Birchers considered Dallas a stronghold and local members organized a demonstration against the United Nations, and particularly UN ambassador Adlai Stevenson, a two-time presidential nominee. Things became so unruly Stevenson was hit in the head with a sign post.

The major newspaper in Dallas was stridently anti-communist, and anti-Kennedy. Ted Dealey, the publisher of the Morning News, famously told Kennedy to his face at a White House luncheon, “we need a man on horseback to lead this nation, and many people in Texas and the Southwest think that you are riding Caroline’s tricycle.”

When Kennedy was gunned down in Dealey Plaza – yes, named for that publisher’s father – not everyone was surprised that Dallas is where it happened. Somehow, in our age of conspiracy, it seems all too fitting that JFK’s murder in the Big D spawned a million crackpot conspiracy theories. It is also no coincidence that Texas with its school room murders, unconcealed cruelty to women and immigrants and divisive ultra-right politicians looms so large in our politics nearly 60 years later.

The Kennedy murder also gave the country a big, often crude, often eloquent Texan as president.

“In retrospect,” Jon Margolis wrote, “we can see that it was the opening days of his presidency that Lyndon Johnson took the steps that would cost him his job four years later; that rioting in city streets first began in 1964; that the anger of middle-class working people, whom Richard Nixon would later call the ‘silent majority,’ revealed itself in the first stirrings of ‘white backlash’ and in the distaste for cultural elites exploited by the Goldwater movement.”

Barry Goldwater doesn’t instantly spring to mind for most Americans as a defining character in the troubled country we now inhabit. But Goldwater is a defining character, and indeed the most consequential loser in American political history. He roared into our history in 1964 and never left.

Barry Goldwater on the campaign trail in 1964

Goldwater lost the presidency in a landslide that year to Lyndon Johnson, but in losing he nailed in place the foundation of the angry, grievance driven, conspiracy embracing modern conservative movement. Goldwater also accomplished what moderate Dwight Eisenhower, a Republican never invoked by today’s Trumpified conservative party, began – the American South’s turn to the GOP.

Goldwater won only six states in 1964, but he defeated Johnson, a southerner, in five states of the old Confederacy. In Mississippi, just to cite the most astounding number from that election, Goldwater won 87% of the vote. This was before Congress passed the Voting Rights Act – that happened in 1965 – and before that law most Black Americans couldn’t register to vote in Mississippi. The white voters who embraced Goldwater knew well that the Arizona senator had voted NO on the Civil Rights Act approved by Congress in the summer of 1964 after the longest filibuster in Senate history. It became his calling card.

That Goldwater opposed civil rights legislation, campaigned to eliminate the Tennessee Valley Authority, decried America’s moral decay and was comfortable among Birchers and Southerners waving Confederate flags recommended him highly to many white Americans. He became the face of opposition to “liberal overreach” across the South and beyond.

If you don’t hear echoes of all this today, you’re not listening.

As Goldwater pressed his campaign against Johnson in 1964, his messages were all about “communist infiltration,” the lying liberal, elitist press, pointy-headed college professors, traitors in high places, the dangers of a runaway federal government hell-bent on destroying American freedoms, the “phony” policies of the Democrats.

A Republican state legislator in Ohio or Idaho or Tennessee could give that speech today, indeed they are giving that speech.

Reporter Richard Rovere wrote about Goldwater’s campaign tour in the fall of 1964 for The New Yorker.

“It has been my lot to attend political gatherings of many sorts for many years, but never until I went South with Goldwater had I heard any large number of Americans boo and hoot at the mention of the name of the President of the United States. In Alabama and Louisiana, there were thunderous, stadium-filling boos, all of them cued by a United States senator.”

Contemporary conservative rhetoric is always derivative. Goldwater owed much to Joe McCarthy. Nixon refined the right’s appeal to middle America, dog whistling to the silent, angry majority and appropriating the rest of the South. Reagan proved to be a smoother, more likable version of Goldwater, while hitting the same notes.

Trump, the malicious narcissist, cares not at all for history, but he thinks he knows what works: the meanness of a McCarthy, the white grievance appeal of a Goldwater, the “law and order” and the enemies lists of a Nixon and the Big Top showmanship of a president from Hollywood.

But Barry is his true godfather.

“I have never seen as grim and uncomprehending a group of politicians as those West Virginia Republicans who sat on the platform with Goldwater in Charleston,” Rovere wrote in 1964. “They joined in two bursts of applause – once when he mentioned the Ten Commandments, and again when he said, ‘We will not convert the heathen by losing our own souls.’”

It has always been about a fight for the soul of America. It is who we are, and 1964 helped create what we are living with.

—–0—–

Additional Reading:

For your consideration …

There Are 11 Types of Donald Trump Enablers. Which One Are You?

Tim Miller, a one-time consultant to conservative politicians and causes turned Never Trumper, has published what is sure to become a wildly popular new book.

Miller writes very well and he isn’t pulling a punch. He suggests there are 11 types of Trump rear end sniffers … you won’t be disappointed.

Miller divide them into these buckets:

• Messiahs and Junior Messiahs
• Demonizers
• LOL Nothing Matters Republicans
• Tribalist Trolls
• Strivers
• Little Mixes
• Peter Principle Disprovers
• Nerd Revengers
• The Inert Team Players
• The Compartmentalizers
• Cartel Cashers

As Miller says, “Here’s a field guide, my taxonomy of enablers, so you can identify them in the wild.”

Here is the link.


Dangerous as the Plague

From the Baffler.

“For those of us who grew up in the gauzy days of ‘Love Wins,’ recent months have been profoundly unsettling. For the first time in our lives, history seems to be running in reverse. Yet while this rhetoric may seem frighteningly new, it has a long, miserable history that stretches back to the nineteenth century and the very origins of LGBTQ rights.”

As my piece this week suggests all that you are seeing has been with us before.


‘A massive betrayal’: how London’s Olympic legacy was sold out

The rich get richer … the massive fail of the London games.

“Ten years on from the patriotic pageant that brought the nation together to bask in director Danny Boyle’s opening ceremony, with its pastoral vision of merrie England and cavorting NHS nurses, just 13,000 homes have been built on and around the Olympic site. Of these, only 11% are genuinely affordable to people on average local incomes. Meanwhile, in the four boroughs the site straddles – Newham, Tower Hamlets, Hackney and Waltham Forest – there are almost 75,000 households on the waiting list for council housing, many living in desperate poverty. Thousands of former residents have also been rehoused outside the area since the Olympics took place.”

The Guardian with the gory details of the shoddy legacy of a big, big money event.


Boris Johnson resigns: Five things that led to the PM’s downfall

The most odious man ever in British public life? Boris is in the running

The British PM is out after lies, fines for violating his own Covid rules, more lies and a few lies.

The BBC has an analysis of the why now? I feel compelled to add that nothing Johnson did, as bad as it was, comes close to matching the four years of Donald Trump. Nothing.

And as many have pointed out he didn’t ask his supporters to sack Westminster.

From the BBC.


Thanks for reading. Be well.

Afghanistan, Foreign Policy, John Kennedy, Johnson, Obama, Vietnam

We Never Learn …

Unless you served or protested, the ignominious end of America’s tragic experience in Vietnam, a war driven by myth, hubris, political calculation and ignorance, is at best a distant memory for most of us. It’s no memory at all for Americans born after 1975, even if our history books remind us that more than 58,000 of our fellow citizens paid the ultimate price for a mistake.

America’s role in Vietnam directly bedeviled and haunted five presidents, ultimately driving two – Johnson and Nixon – from office. Every president since, whether they admit it or not, lives with the Vietnam legacy.

Lyndon Johnson was a political product of a vast, injurious and phony debate over “who lost Red China” to Communism in the 1950’s. When Johnson reached the Oval Office in 1963, he was determined not to be judged as having “lost Vietnam.”

Johnson won a landslide election in 1964 against a candidate – Barry Goldwater – who spoke casually of using nuclear weapons to win a jungle war in Southeast Asia. After that election, Johnson began the long and tragic slog to make a Vietnamese war, that had once been a French war, into an American war.

Lyndon Johnson’s presidency – and legacy – were and are haunted by the American war in Vietnam

The complicated, crass, brilliant Texan oozed cornpone, but he lived and breathed what he called “that bitch of a war,” a years-long struggle that derailed his Great Society and has permanently defined his legacy.

The great economist John Kenneth Galbraith once remarked that a friend told him had it not been for Vietnam, Johnson would be considered a great president. Galbraith replied: “If it weren’t for the Alps, Switzerland would be a flat country.” That war sticks to LBJ like Texas barbecue sauce sticks to a napkin.

Most Americans would say that Nixon was forced from the White House by the crimes of Watergate, which, of course, is correct. But those Watergate crimes had roots in Nixon’s reaction to the Pentagon Papers, an exhaustive account of the American involvement in Vietnam that was leaked to the New York Times in 1971. The papers were a damning indictment of the mendacity, political maneuvering and American delusion that led Dwight Eisenhower, then John Kennedy and finally Johnson to burrow ever deeper into a futile “land war in Asia.”

Had Nixon been as smart a political operative as he thought himself to be he would have used the evidence contained in the leaked Pentagon Papers to discredit the two previous Democratic administrations. The papers were not critical of him, after all. He had inherited the mess. But Nixon was Nixon.

As a brilliant new podcast – “Nixon at War” explains, “Nixon’s long festering paranoia and indignation zeroe(d) in on two of his most despised ‘enemies’ – the press, for publishing the government’s closely held secrets, and the leakers within his own deep state, now personified by Daniel Ellsberg, for the growing threat he believes they pose to his own buried secrets.”

Nixon ordered his political spies to break into Ellsberg’s – the leaker – psychiatrist office in search of dirt. Viola! The seeds of the Watergate break in are planted, the fate of Nixon cast. Were it not for the break ins … well, you know.

Wise voices warning of American folly in Vietnam were everywhere to be found in the 1950’s and 1960’s. During the Eisenhower Administration, Montana Senator Mike Mansfield foresaw that only the Vietnamese could create a stable, democratic government, and they certainly couldn’t accomplish that if millions of Vietnamese thought the United States was merely a colonial substitute for the French, who retreated after their own dismal Vietnam failure.

Others like Idaho’s Frank Church, Oregon’s Mark Hatfield and South Dakota’s George McGovern saw clearly where American hubris was headed. The diplomat George Kennan testified before the Senate Foreign Relations Committee in 1966 – back when the committee actually had serious hearings about American foreign policy – and declared that the United States was deluded if it thought it had legitimate national security interests in Vietnam. We should get out, Kennan said.

Vermont Republican Senator George Aiken, a flinty New Englander not given to mincing words, had a blunt suggestion: declare victory and leave. We didn’t, until it was too late.

Now, a generation and more on, we have a new reckoning with the curious American belief that our arms and money and good intentions can shape a country far away for a people who have very different ideas. Our longest war – another American war of hubris – is winding down in Afghanistan, and if history is not precisely repeating it is certainly rhyming.

Helicopters carrying U.S. Army soldiers from the 1-320 Field Artillery Regiment, 101st Airborne Division, take off from Combat Outpost Terra Nova as the soldiers head home following a 10-month deployment in the Arghandab Valley north of Kandahar April 23, 2011. REUTERS/Bob Strong

As the Washington Post reported this week on a new secret account of the Afghan War. Ironically the Post kept printing the Pentagon Papers when the Times was enjoined from doing so, further fueling Nixon’s paranoia. The document reeks of the same stench of fabrication and dishonesty that marks the American experience in Vietnam.

Among the revelations are details of a heretofore unknown suicide bomber attack, aimed at then vice-president Dick Cheney. The Pentagon and Bush Administration flat out lied about the attack, and “how close the insurgents had come to harming Cheney.” In the wake of this lying came more lying, and “the U.S. military sank deeper into a pattern of deceiving the public about many facets of the war, from discrete events to the big picture. What began as selective, self-serving disclosures after the 2001 invasion gradually hardened into willful distortions and, eventually, flat-out fabrications.”

The Afghan Papers will be published in book form soon. The Post said in a preview: “The interviews and documents, many of them previously unpublished, show how the administrations of Presidents George W. Bush, Barack Obama and Donald Trump hid the truth for two decades: They were slowly losing a war that Americans once overwhelmingly supported. Instead, political and military leaders chose to bury their mistakes and let the war drift, culminating in President Biden’s decision this year to withdraw from Afghanistan, with the Taliban more powerful than at any point since the 2001 invasion.”

To Joe Biden’s credit, he made the tough call to finally end a war that America should not have fought and could not win.

Now, there will be an awful reckoning on the ground in Afghanistan, the graveyard of empires. The murderous Taliban will control most of the country, thousands of lives, many of them American, and billions in American treasure will have been squandered. It was all inevitable.

We think we can bomb and purchase our way to democracy in a country that has never had democracy and may not be capable of creating it. We try again and again to re-create the world we want only to fail.

You might think we’d learn. But we never do.

—–0—–

Additional Reading:

Some additional items you may find of interest…

How The Pandemic Now Ends

A must read from The Atlantic’s Ed Yong.

“In simple terms, many people who caught the original virus didn’t pass it to anyone, but most people who catch Delta create clusters of infection. That partly explains why cases have risen so explosively. It also means that the virus will almost certainly be a permanent part of our lives, even as vaccines blunt its ability to cause death and severe disease.”

Yong won great recognition for his reporting on the pandemic. This piece is well worth your time.

And here is related piece by Scott Galloway that I found very interesting.


How a Trail in Rural Oregon Became a Target for Far Right Extremists

Another great piece of reporting from Leah Sottile in High Country News about how a trail has divided an Oregon community.

“In a state where politics is dominated by the urban-rural divide, it’s as if the proposed Yamhill County trail is the actual place — the exact line — where that divide begins.”

Read the entire piece:


Press Secretary Jen Psaki is Good At Mending Fences. Just Don’t Call Her Nice

The best political job I ever had was the five years I spent as press secretary to candidate and then Idaho Governor Cecil D. Andrus. The job, at least with the right boss, puts one daily in the midst of big events. You deal with interesting people – reporters, too. (Inside joke.) You travel with the politician. You may even have a chance to influence policy.

I’ve made an informal study of people who have been or are press secretaries. I’m convinced that Jan Psaki, the current White House press secretary, is one of the very best to ever hold the position.

White House press secretary Jan Psaki

“When Psaki first appeared in the press briefing room, in January 2021, there was a collective swoon from roughly half the country. This was largely due to what she was not doing: berating the assembled reporters, griping about CNN’s coverage of a presidential tweet, or spouting flagrant, easily disprovable lies. Like her boss, Psaki was being graded on a curve. The New Yorker writer Jelani Cobb tweeted, ‘I really should not be impressed with a calm, professional, and factual press briefing, but I am where I am.'”

Here’s the link to the piece in Vogue:


Brett Kavanaugh Without Tears

Journalist Jackie Calmes has a new book that revisits the story of Supreme Court Justice Brett Kavanaugh. You might have thought you knew everything there was to know about him – of perhaps everything you wanted to know.

I found this excerpt both fascinating and infuriating.

“Kavanaugh emerged from Yale Law School, two appellate clerkships, an internship with the Solicitor General, and a third clerkship at the Supreme Court as a deeply conservative but not especially partisan young man. That changed after the Solicitor General Kavanaugh worked for, Ken Starr, was appointed independent counsel to investigate the Clintons and an Arkansas real estate investment called Whitewater. In 1994, Starr invited Kavanaugh to join him for what he promised would be a short gig. It lasted nearly four years.”

From The Washington Monthly:


Giants? World Series, Anyone?

I sure hope this doesn’t jinks my favorite baseball team, but...Dieter Kurtenbach writes in the San Jose Mercury News what I’ve been thinking, but can’t bring myself to say out loud.

Buster Posey, the catcher, is the heart of a pretty amazing team

I kind of checked out of following the great game last summer, but this San Francisco Giants team has been something else.

“Now, I wish I knew exactly what it was that makes the Giants a true contender,” Kurtenbach wrote this week. “Call it gumption, togetherness, a never-say-never-ness — there’s something special about this team.”

Let’s end with a good news story.

Thanks, as always, for following along. Stay well.

Johnson, Voting Rights

GOP Channels Southern Democrats in the 1960’s…

On a Monday night 56 years ago next month, Lyndon Johnson ambled his way on to the floor of the U.S. House of Representatives to play the role, as one of his biographers has written, of “one shrewd heartland politician finishing what another had started.” 

“The galleries were jammed with whites and blacks, some in street clothes fresh from demonstrations and others in business attire,” historian Randall Woods wrote of the scene. The president’s wife and a daughter were in the crowd, so was FBI director J. Edgar Hoover. But the entire Mississippi delegation was boycotting the speech. Those unreconstructed segregationists Democrats, still embracing the grievance of a lost cause, knew what was coming. 

Lyndon Johnson speaks to Congress, March 15, 1965

“At times history and fate meet at a single time in a single place to shape a turning point in man’s unending search for freedom,” Johnson said in his low, familiar Texas drawl. “So it was at Lexington and Concord. So it was a century ago at Appomattox. So it was last week in Selma, Alabama.”

The week before – forever etched in American memory as “Bloody Sunday”- voting rights advocates had been routed and brutalized in Selma, Alabama. The next day’s coverage on the front page of the New York Times ran under the headline: “Alabama police use gas and clubs to rout Negros.” A four-column photo showed Alabama state troopers beating a young marcher – future Georgia congressman John Lewis – leaving his skull fractured and blood on his white shirt and tan raincoat. 

The ugly, un-American state terrorism at the Edmund Pettus Bridge – the bridge still carries the name of a Confederate general and Alabama leader of the Klan – was a hinge moment in political history, and LBJ seized the moment. He would push a Voting Rights Act (VRA) to finally make real the promise of that earlier heartland politician, Abraham Lincoln, martyred in his pledge to guarantee equal rights for all Americans.

Alabama state troopers assault John Lewis during a voting rights march in 1965

“The real hero of this struggle is the American Negro,” Johnson told the country and the Congress in 1965. “His actions and protests, his courage to risk safety and even to risk his life, have awakened the conscience of this Nation. His demonstrations have been designed to call attention to injustice, designed to provoke change, designed to stir reform.

“He has called upon us to make good the promise of America. And who among us can say that we would have made the same progress were it not for his persistent bravery, and his faith in American democracy.” 

Writing recently in The Atlantic, journalist Vann R. Newkirk II correctly asserted that passage of the VRA “finally delivered on the stated ideals of the country,” but now in state after state across the country that ideal “hangs by a thread.” 

From Georgia to Arizona, Montana to Idaho, Republican dominated state legislatures are attempting to do what southern segregationist Democrats did in earlier days: make it more difficult, if not impossible for some Americans to vote. It is no accident that this wave of new era vote suppression and denial comes on the heels of a record vote in a presidential election where a Democrat won the White House over a man who over and over perpetuated a big lie about elections being stolen, dead people voting and ballots being manufactured. 

By repeating time and again that some Americans are “skeptical about the integrity of our elections” Republicans, including the former president, have manufactured a malicious assault on American democracy. It quite simply amounts to the biggest lie ever told about American politics. 

Minnesota’s secretary of state Steve Simon described recently what is happening: “Some folks bring these proposals forward and say, ‘Well, we just need to address confidence in our election systems,’ when it’s some of those very same people, or at least their allies and enablers, [who] have denigrated our election system by either telling lies or at least leveraging or relying on other people’s lies to justify some of these policies.” 

This tactic is the voting rights equivalent of the fellow who murdered his parents and then insisting on leniency because he’s an orphan. 

The Republican floor leader of the Idaho House of Representatives, a guy so cynical that he blasted federal efforts to provide financial assistance to businesses whacked by the impacts of the pandemic and then ended up taking the aid himself, is a champion of the “many people are saying” logic of voter suppression. 

“There are a lot of people in this country looking at what happened in other states — some of those states had ballot harvesting — that feel like they were victimized by the outcome of this last national election,” Mike Moyle said recently as he pushed a bill to restrict your ability to pick up and drop off your elderly grandparent’s absentee ballot.

In the face of precisely no evidence of abuse, Moyle said the quiet part out loud while pushing an earlier even more restrictive bill. “You know what? Voting shouldn’t be easy,” Moyle said. Other legislators are seeking to ruin the ability of voters to take action using the time-test initiative method. 

The gentleman from Idaho won’t appreciate the reference, or likely understand it, but he’s a latter-day version of Mississippi segregationist James Eastland who resisted the Voting Rights Act by claiming his state had a right to disqualify certain voters and, after all, some communists must certainly be mixed up in this push to get more people to vote. 

Mississippi segregationist James O. Eastland

In the 56 years since Johnson framed the basic right to vote as a “battle for equality” rooted in “a deep-seated belief in the democratic process,” the two political parties have traded places on voting rights. Democrats, believing that making it easier to vote and easier for more people to vote, have embraced policies like motor voter registration, mail voting and same day registration. Republicans, looking fearfully at what high turnout portends for their long-term electoral success, now broadly reject inclusive policies and endorse conspiracy theories about stolen elections. In 2013, a conservative majority on the Supreme Court gutted a key enforcement provision of the landmark 1965 law, and the GOP resists efforts to address stronger enforcement. 

In politics the truth is often hiding in plain sight. Georgia voters, including record turnout among African Americans, elected two Democratic senators in January, one, the state’s first black U.S. senator, the other, the first Jewish senator in the state’s history. More people voting is good for democracy. Attempting to keep more people from voting is good for Republicans. 

—–0—–

Additional Reading:

Some items you may find of interest…

Rush Limbaugh Was Trapped in the ’80s: It’s his fault that our politics were, too.

Conservative radio talk show host Rush Limbaugh takes a break and smokes a cigar during his radio show. (Photo by mark peterson/Corbis via Getty Images)

Michael J. Socolow has an insightful piece on the recently departed talk radio personality and his impact on American politics.  

“Limbaugh’s influence on U.S. politics from the Reagan era to the Trump presidency was enormous. To discuss him primarily as a media figure (many credit him with saving the AM radio band when FM radio listening became dominant) is to overlook his more general impact on American political culture. He did not innovate radio programming, nor did he leave an easily replicable formula for a successful show. Like Arthur Godfrey and Walter Winchell before him, there was only one Rush Limbaugh. And like those two earlier giants in U.S. radio, Limbaugh’s style and massive audiences will no doubt disappear along with him. For better or for worse, there won’t be another one like him.” 

Read the entire article:


The Filibuster That Saved the Electoral College

A central character in my new book on four 1980 U.S. Senate races is Indiana Senator Birch Bayh. He was an enormously important political figure and it’s almost lost to history that he came remarkably close in 1968 to doing away with the Electoral College.

“Mr. Bayh had been pushing for a popular vote since 1966, shortly after the passage of the Civil Rights and Voting Rights Acts had ended the Jim Crow era and pulled America closer than it had ever been to a truly representative democracy. Electing the president directly was the next logical step in that progression.”

Read how a Senate filibuster killed the effort. Bayh called it the biggest disappointment of his political life.


One night in Cancun: Ted Cruz’s disastrous decision to go on vacation during Texas storm crisis

Cruz fled disastrous winter weather and ran into another kind of storm

In this delightfully snarky take down of the oleaginous Texas senator the Washington Post’s Ashely Parker strikes a blow for freedom.

“Usually, it takes at least one full day in Cancún to do something embarrassing you’ll never live down.

“But for Ted Cruz (R-Tex.), it took just 10 hours — from when his United plane touched down at Cancún International Airport at 7:52 p.m. Wednesday to when he booked a return flight back to Houston around 6 a.m. Thursday — for the state’s junior senator to apparently realize he had made a horrible mistake.”

The most hated man in the Senate expands his reach.

Read about it here:


Thanks for following along.

And please check out my author website for regular updates about events and talks related to my new book Tuesday Night Massacre: Four Senate Elections and the Radicalization of the Republican Party.

Johnson, Supreme Court

This Is Not Over…

My latest column that run Friday, October 5, 2018 in the Lewiston (Idaho) Tribune.

———-

Most Americans today won’t recognize his name. When he resigned in disgrace from the U.S. Supreme Court in 1969 he mostly disappeared from public life, remembered now only as a footnote in the evolving story of increasing partisan hostility over membership on the highest court in the land.

It wouldn’t be correct to say that the politicization of the court began with Abe Fortas – judicial nominations are and have always been inherently political – but what happened to Fortas does provide a cautionary tale for today’s Senate as it struggles with the tortured process of assessing Judge Brett Kavanaugh’s fitness for a lifetime appointment.

Justice Abe Fortas

Fortas, like Brett Kavanaugh, was not merely a creature of the political process but a deeply partisan political player who, like Kavanaugh owed his appointment to a flawed process engineered by a flawed president.

Fortas was, like Kavanaugh, a Yale Law grad, and was one of the bright young lawyers who populated the administration of President Franklin Roosevelt. In the 1940s Fortas helped found a high-powered D.C. law firm – today’s Arnold and Porter – where he represented deep pocket corporate clients and maintained his extensive and lucrative political connections.

When his friend Lyndon Johnson needed legal help to make certain his contested 87-vote victory in a 1948 Texas Senate race would hold up under scrutiny he called Fortas. After Johnson won a landslide election as president in 1964, like most presidents he wanted to put his mark on the Supreme Court. Johnson being Johnson, he literally forced Associate Justice Arthur Goldberg off the court in order to appoint his pal Fortas. He was confirmed and that decision seemed, briefly, to cement a liberal lean to the Supreme Court for a long time to come.

But, in a variation of the old line that you can make God laugh by telling him your plans, Johnson – and Fortas –overreached. Badly. When, near the end of Johnson’s presidency in 1968, Chief Justice Earl Warren announced his retirement, LBJ was certain he could replace Warren as chief justice by ramming a Fortas nomination through a Senate controlled by Democrats. Shades of the current controversy – Johnson insisted on speedy Senate action. Don’t ask a lot of questions, he said, just confirm him – quickly.

A famous photo of LBJ giving Abe Fortas “the Johnson treatment”

Conservative southern Democrats and Senate Republicans refused to go along with the hurry up process, particularly after it was disclosed that Fortas had been the beneficiary of a sweetheart deal that paid him a tidy sum to teach at American University, a deal not financed by the college, but by former clients at his old law firm. It was also revealed that the justice had been a regular advisor to Johnson, counseling the president on PR strategy regarding the war in Vietnam, attending cabinet meetings and even drafting a state of the union speech for LBJ. Fortas, with the surety of a Brett Kavanaugh, dissembled about his involvement and ultimately a Senate filibuster killed his appointment as chief justice.

But even as Fortas stayed on the court, the drip, drip of scandal would not stop. And finally when another sweetheart consulting gig involving a shady friend was unearthed Fortas’s time was up. He resigned from the court in disgrace in the spring of 1969. He died in 1982.

So play this out 50 years later with another highly partisan court appointment. Kavanaugh has left not only a vast and still undisclosed paper trail of his activities and views of the George W. Bush White House, but now has had two appearances before the Senate Judiciary Committee where, to be charitable, he has been at best guilty of less than subtle obfuscation.

The president of the United States has outsourced judicial vetting to the most extreme partisans in the community of GOP special interests who want to complete the full politicization of the court. He has, like LBJ in 1965, looked beyond talent and temperament to put a politician on the bench.

No matter what happens with the Kavanaugh nomination – let’s assume he is narrowly confirmed amid continuing controversy about his past and his truthfulness – the scrutiny, just like with Abe Fortas, will not suddenly disappear.

Judge – Justice – Brett Kavanaugh

There is a better than even chance that Democrats will win control of the U.S. House of Representatives in the fall and a feisty New Yorker by the name of Jerrold Nadler will become chairman of the House Judiciary Committee. Last weekend Nadler seemed to be reaching back in time when he said: “We cannot have a justice on the SupremeCourt for the next several decades who will be deciding questions of liberty and life and death and all kinds of things for the entire American people who has been credibly accused of sexual assaults, who has been credibly accused of various other … wrong things, including perjury. This has gotta be thoroughly investigated. I hope the Senate will do so. If he is on the Supreme Court and the Senate hasn’t investigated, then the House will have to.”

Based upon what the Supreme Court should be – independent, free of obvious partisan taint, above politics to the extent that is possible – it’s easy to see that Lyndon Johnson made a historic mistake in 1965 appointing an unabashed partisan to the court. Johnson knew what he was doing. He wanted his guy in there. History shows us how that turned out. Donald Trump also wants his guy on the court, a judge who has wondered out loud if constraints on presidential power are appropriate and, credible questions of past conduct aside, believes he is being put upon only as “revenge on the behalf of the Clintons.” The lesson is clear: controversial, highly partisan nominees are bad for the court and bad for the country.

In his biography of Abe Fortas, historian Bruce Allen Murphy notes that a portrait of Fortas that once hung in a prominent place in the Yale law school has now disappeared from the New Haven campus. Does a similar fate await a new justice? We’re going to find out.

2016 Election, Civil Rights, Cold War, Eisenhower, Film, Idaho Statehouse, John Kennedy, Johnson, Judiciary, Nixon, Russia, Senators to Remember, Supreme Court, Vice Presidents

The Rules Matter…

Director Steven Spielberg’s latest offering – Bridge of Spies – works on several levels as his best films tend to. In fact, it may be one of his very best films.

Mark Rylance as Soviet spy Rudolf Abel and Tom Hanks as his attorney James B. Donovan
Mark Rylance as Soviet spy Rudolf Abel and Tom Hanks as his attorney James B. Donovan

The movie is a classic big screen thriller with adequate action and suspense. It’s a finely tuned period piece (mid-century modern) complete with old cars, vintage billboards, and “duck and cover” filmstrips.

Bridge of Spies is also an actor’s movie with superb performances by Tom Hanks and Mark Rylance, perhaps the world’s most acclaimed stage actor, and a talent that will be new to many movie goers.

And since this is Spielberg, the film is also an American history lesson.

When the Cold War Was Really Cold…

Hanks, who seems to hit his stride when working with Spielberg, plays New York attorney, James B. Donovan, who improbably becomes the key player in arranging a celebrated Cold War prisoner swap between the United States and the Soviet Union. The action is set at the end of the Eisenhower Administration and continues on into the Kennedy years – days of the Berlin Wall, the Bay of Pigs, the Cuban Missile Crisis, and spy versus spy.

The key figures in the prisoner swap – again all true – were the young American Air Force lieutenant Francis Gary Powers, who is appropriated to fly spy planes for the CIA, and the notorious Soviet spy, Colonel Rudolf Abel.

Francis Gary Powers with a model U-2 spy plane after his release from a Soviet jail in 1962
Francis Gary Powers with a model U-2 spy plane after his release from a Soviet jail in 1962

Powers became a Soviet prisoner in May 1960 when his U-2 spy plane was shot down in the Ural Mountain region of the Soviet Union during a photography run. Powers survived the crash – great scene in the movie – and was captured by the KGB.

The Eisenhower Administration originally tried to pass off the incident as a wayward weather aircraft, but the Soviets produced wreckage of the super-secret U-2 and Soviet Premier Nikita Khrushchev reaped an international propaganda windfall. A summit meeting in Berlin was cancelled and efforts to improve U.S.-Soviet relations were temporarily derailed. It was a major international incident that also had the human dimension of a young American with a head full of secrets about U.S. spy activities sitting in a Russian jail.

Earlier, in 1957, after a long string of events that read, appropriately enough, like something out of John Le Carre, the FBI and Immigration and Naturalization Service identified Colonel Abel as a Soviet spy who had been operating in the United States for some time. Abel was arrested in Brooklyn, tried, and convicted of espionage. The New York lawyer, Donovan, was appointed by the federal court in New York to defend him.

The film mangles some of the timeline and a few things are invented out of whole cloth – this is Hollywood after all – but the real power of the story and its great relevance today is in the courtroom scenes where Abel is first convicted and then loses an appeal before the U.S. Supreme Court.

After seeing and completely enjoying the film, I got to wondering what really happened in the U.S. justice system during the height of the Cold War when the government tried a man thought to be a Soviet spy.

Does a Soviet Spy Deserve Due Process…

The film understandably compresses a good deal of the story, which played out over several years, but makes some powerful and important points in the telling.

A basic question is raised early on when attorney Donovan (played by Hanks) has to confront the dilemma of an upstanding attorney, a pillar of the New York Bar, signing on to do his best to defend a Russian spy. What are the implications for his career, his law firm, his family? I immediately thought about the private attorneys who continue to represent Guantanamo detained terror suspects.

The real Rudolf Abel
The real Rudolf Abel

The film makes us confront whether it is merely enough to give Abel a defense that goes through the motions of due process or whether he deserves a no-holds-barred defense, including appeals on grounds that his hotel room and apartment were improperly searched.

At one point a CIA operative shadows Donovan in order to question him about what his client has been saying. Donovan, in one of the film’s best moments, tells the CIA fellow that he won’t – indeed can’t – talk about what his client is telling him since it is protected by attorney-client privilege. There are rules, Donovan says, most importantly the Constitution that make our system different than the system that is detaining Gary Powers.

Abel’s case, both in the film and real life, eventually reaches the Supreme Court over the question of the lack of a proper warrant that specifically authorizes a search the defendant’s rooms. Give Spielberg credit, he even gets the Supreme Court courtroom correct. Abel’s case was argued, actually twice, in 1959 and the courtroom has since been remodeled.

The case turned on a complex question about whether a warrant for an “administrative arrest” – Abel was actually arrested by the immigration service after being detained and questioned by the FBI – allowed the subsequent FBI search of his rooms. The celebrated Justice Felix Frankfurter wrote the rather technical 5-4-majority opinion upholding the legality of the search and Abel’s conviction stood.

This is a notorious case, with a notorious defendant…

As is often the case, the dissents in such cases make for better reading and offer more insight into the workings of our justice system. Justice William O. Douglas wrote one of the dissents in the Abel case and Justice William J. Brennan another.

Mr.  Justice Douglas
Mr. Justice Douglas

“Cases of notorious criminals—like cases of small, miserable ones—are apt to make bad law,” Douglas wrote in his dissent, which was joined by Justice Hugo Black.

“When guilt permeates a record, even judges sometimes relax and let the police take shortcuts not sanctioned by constitutional procedures. That practice, in certain periods of our history and in certain courts, has lowered our standards of law administration. The harm in the given case may seem excusable. But the practices generated by the precedent have far-reaching consequences that are harmful and injurious beyond measurement. The present decision is an excellent example.”

Douglas was saying sure this Abel is a Soviet spy – a notorious criminal – but the rules apply to him just as they apply to “small, miserable” law breakers.

“If the F.B.I. agents had gone to a magistrate, any search warrant issued would by terms of the Fourth Amendment have to ‘particularly’ describe ‘the place to be searched’ and the ‘things to be seized,’” Douglas wrote. “How much more convenient it is for the police to find a way around those specific requirements of the Fourth Amendment! What a hindrance it is to work laboriously through constitutional procedures! How much easier to go to another official in the same department! The administrative officer can give a warrant good for unlimited search. No more showing of probable cause to a magistrate! No more limitations on what may be searched and when!”

Brennan was just as pointed: “This is a notorious case, with a notorious defendant. Yet we must take care to enforce the Constitution without regard to the nature of the crime or the nature of the criminal. The Fourth Amendment protects ‘The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.’ This right is a basic one of all the people, without exception…”

Real American Exceptionalism…

The court case and the film also make the fundamental point that Abel, not a U.S. citizen, still enjoyed the full protections of the country’s justice system, a point worth pondering as the terror suspects sit year after year in Cuba.

President Kennedy with James B. Donovan who also negotiated return of Bay of Pigs captives
President Kennedy with James B. Donovan who also negotiated the return of Bay of Pigs captives

Rudolf Abel languished in U.S. prisons until early 1962 when the Donovan-brokered exchange took place on a bridge dividing East and West Berlin. That bridge gives the film its title. The New York attorney was publicly acknowledge by the Kennedy Administration as having helped make the arrangements.

The negotiations over the swap are some of the best moments of the film and, intentionally or not, Spielberg shows that the New York insurance lawyer who became an Cold War negotiator turned out to be a lot better high stakes deal maker than his CIA minders.

The film is already getting some Oscar buzz – it is certainly worthy – if only for its deft storytelling and the great performances. Mark Rylance’s portrayal of Rudolf Abel is nothing short of brilliant. And the script by the Cohen Brothers is first rate. A typical Cohen touch is the reoccurrence of Abel’s response when his lawyer asks him if he’s worried or afraid: “Would it help?” That has become my new mantra.

As good as the movie is as entertainment here’s hoping a few enterprising high school (or college) teachers use the film in class to make the more important points about our justice system and our history.

The hero in the film is, of course, attorney Donovan, a man mostly lost to history whose role in Abel’s trial and in the spy swap may now finally enjoy some long overdue recognition. Donovan, who died in 1970, spent years working on the Russian spy’s defense and appeals and donated half his $10,000 fee to Fordham University and split the rest between Harvard and Columbia. Setting aside the Abel case and the spy swap, the rest of Donovan’s career – naval officer, Nuremberg prosecutor, New York board of education member, U.S. Senate candidate – was truly incredible. A great American story.

Even though he lost at every level Donovan said after the Supreme Court ruling, “The very fact that Abel has been receiving due process of law in the United States is far more significant, both here and behind the Iron Curtain, than the particular outcome of the case.”

That one sentence says a lot about why we won the Cold War.

 

2016 Election, American Presidents, Baseball, Baucus, Foreign Policy, Iran, John Kennedy, Johnson, Middle East, Obama, Politics, Pope Francis, Truman, U.S. Senate, Visions, World Cup

Deal or No Deal…

There was bipartisan understanding that when the Iranians indicated a readiness to talk the U.S. would lead the negotiations to test Iran’s seriousness. – Statement supporting the Iranian nuclear agreement signed by sixty bipartisan foreign policy and national security leaders.

– – – – –

Republican opposition to the Obama administration’s historic nuclear deal with Iran has been visceral. Most Republicans disliked the idea even before negotiations commenced in earnest. They hated the deal when the preliminary details emerged months ago. Now they detest the final agreement.

U.S. and Iranian negotiators earlier this year.
U.S. and Iranian negotiators earlier this year.

Much of the opposition is purely partisan, some is based on historic rightwing Republican opposition to any foreign policy agreement, a good deal is based on both a concern about the deal’s impact on Israel and a desire to curry favor with the Israeli-American lobby, and some is based  – a minor consideration one suspects – on the belief that a better deal could be had if only there were better negotiators.

I wrote back in April about the traditional Republican skepticism about foreign policy agreements that dates back to the Treaty of Versailles, but the current visceral NO seems in an altogether new category of opposition.

Placed in the wide context of presidential deal making in the post-war period, the almost total Republican opposition to a deal, which is designed to prevent, or at the very least substantially delay, Iranian development of a nuclear weapons, is a distinct outlier. It is difficult to find an historic parallel to the level of partisan disdain for a major foreign policy initiative of any president, Republican or Democrat. It amounts to the emergence of a new political generation of what Harry Truman’s Secretary of State Dean Acheson once called “the primitives.”

Return of “the primitives…”

It took the administrations of Dwight Eisenhower and John Kennedy more than eight years to negotiate a test ban treaty with the Soviet Union. Kennedy doggedly pursued the negotiations – Great Britain was also a party to the talks – and finally signed the treaty in August 1963. A few weeks later the Senate ratified the agreement by the strongly bipartisan margin of 81-19 with fifty-six Democrats and twenty-five Republicans constituting the majority.

John Kennedy signs test ban treaty flanked by Senators Fulbright and Dirksen and, of course, LBJ.
John Kennedy signs the limited test ban treaty in 1963 flanked by Senators Fulbright and Dirksen and, of course, LBJ.

The treaty came about in the wake of the Cuban missile crisis, hardly a moment in 20th Century history when trust in the Russians was at a high point. The same could be said for Richard Nixon’s effort to craft the first strategic arms limitation treaty or Ronald Reagan’s later efforts to strike a grand disarmament bargain with the Soviets that Reagan hoped would eliminate nuclear weapons.

Jimmy Carter’s effort to sign and ratify the Panama Canal treaties in the late 1970’s arguably contributed to his defeat in 1980, as well as the defeat of several Senate liberals – Idaho’s Frank Church, for example – who courageously supported the effort to ensure stability around the vital canal by relinquishing control to the Panamanians. Senators from both parties supported the treaties or they never would have been ratified.

In each of these cases there was substantial political opposition to presidential action, but it is nearly impossible when looking closely at this history not to conclude that each of the “deals” were beneficial to long-term U.S. security. An underlying assumption in each of these historic agreements is that presidents of both parties act, if not always perfectly, always with desire to produce an outcome that is in the nation’s – and the world’s – best interest. Few reasonable people would suggest, given the intervening history, that Eisenhower or Kennedy, Nixon or Carter or set out to make a deal that was not ultimately in the country’s best interest or that would imperil a long-time ally.

Yet, that is precisely what Republican critics of President Obama’s agreement with Iran are saying. Representative Trent Franks, an Arizona Republican, called it “an absolute disgrace that this president has sacrificed the security and stability” of Israel in order to reach a deal. “This is a betrayal that history will never forget,” Franks added. Franks is the same guy who introduced a resolution authorizing war with Iran back in 2013.

Illinois Republican Senator Mark Kirk.
Illinois Republican Senator Mark Kirk.

Illinois Republican Senator Mark Kirk went even farther. “This agreement condemns the next generation to cleaning up a nuclear war in the Persian Gulf,” Kirk said. “It condemns our Israeli allies to further conflict with Iran.” Kirk continued: “This is the greatest appeasement since Chamberlain gave Czechoslovakia to Hitler.” The senator predicted that Israel would now have to “take military action against Iran.”

Idaho Senator James Risch, a Republican and member of the Foreign Relations Committee, said “the deal shreds the legacy of arms control and nonproliferation that the United States has championed for decades – it will spark a nuclear arms race in the Middle East that will be impossible to contain.” Risch accused the president and Secretary of State John Kerry of going back on commitments to Congress and said, “The West will have to live with a nuclear Iran and will abandon our closest ally, Israel, under this horribly flawed agreement.”

Senator Lindsey Graham, a GOP presidential candidate, said “This is the most dangerous, irresponsible step I have ever seen in the history of watching the Mideast. Barack Obama, John Kerry, have been dangerously naïve.” Graham admitted on national television that he had not read the agreement, which was announced just an hour before the South Carolina senator pronounced his judgment.

OK…What’s Your Suggestion…

When you sift through the various denunciations of the Iran deal you find a remarkable degree of consistence in the criticism: abandonment of Israel, a nuclear arms race in the Middle East, assurance that Iran would be locked into an absolutely certain path to attain nuclear weapons. What is also remarkably consistent is that among all the words used to denounce the deal are very few that actually address the details contained in the 150-plus page document. As a result, Republicans come dangerously close to suggesting that Obama and Kerry have consciously sold out Israel, made an already explosive Middle East more so and weakened U.S. national security all in the name of just naively making a deal.

There are legitimate questions about the best way to contain Iran in any quest for the ability to produce nuclear weapons. Would continuing sanctions against Iran without international inspections of Iranian facilities be better as an approach that what Obama suggests, which allows for detailed oversight that is backed by our allies the British, French and Germans, as well as Putin’s Russia? That would be a real debate over effectiveness, a principled discussion over means and ends.

There are two men in Washington to watch closely as this “debate” reaches the end game. One is Tennessee Senator Bob Corker, the chairman of the Foreign Relations Committee, who has lately railed against the agreement, but remains a thoughtful, fair-minded voice on foreign policy deals. The other is Energy Secretary Ernest Moniz, one of the key members of the U.S. team that worked out the deal with Iran who all seem to agree actually knows something about the subject of nuclear weapons development.

In a recent NPR interview, Moniz offered a full-throated defense of the agreement. “I think we should realize that basically forever, with this agreement, Iran will be, in some sense, farther away from a nuclear weapon than they would be without it,” Moniz said. “Now, clearly in the early years, in the first decade, first 15 years, we have lots of very, very explicit constraints on the program that roll back current activities. Whether it’s in enrichment, whether it’s in the stockpile of enriched uranium that they hold, whether it’s in R&D, all of these are going to be rolled back, complemented by much, much stronger transparency measures than we have today.”

The Whole World is Watching…

While Congressional Republicans work to overturn the administration’s Iran deal – Mario Rubio has pledged, for example, to undo the deal on his first day in office – much of the rest of the world has moved on. The most impressive leader on the current world stage, Pope Francis, has endorsed the deal and will speak to Congress just days before the vote. Germany’s Angela Merkel, a politician who displays more grit and gumption than the entire United States Senate, strongly backs the deal. Great Britain has re-opened its long shuttled embassy in Tehran and French officials have spoken of a “new era” in its relations with Iran.

iranmapRejecting the deal will serve only to strengthen the hand of the Iranian hardliners and the other hardliner who is party to the agreement, Vladimir Putin of Russia. Do Congressional Republicans, or for that matter Democrats like Chuck Schumer who oppose the deal, think for a minute that Putin will not find a way to fill the void that will be left if the Iranian agreement collapses in the huff of American domestic politics?

Perhaps the Europeans recognize what some American politicians fail to grasp. A fifteen year, highly monitored deal to prevent Iran from developing nuclear weapons is about as good as it gets in the modern Middle East. The critics who wonder what happens after fifteen years are missing the fact that the interval provides a window for young and more worldly Iranians to assert themselves as the country tiptoes back into the world community.

The pragmatic bottom line question is simply this: can the U.S. and the rest of the western world continue a policy of isolation for a country of 80 million people, more than 40 percent of whom are under 24 years of age? Obama’s agreement isn’t perfect, but this deal gives the west leverage to influence and indeed control the Iranian nuclear threat for a not insignificant number of years into the future.

Without a deal our leverage consists of two blunt instruments: continued sanctions that further alienate a whole new generation of Iranians and a pre-emptive military assault on Iranian nuclear facilities. Some folks casually invoke the “bomb, bomb Iran” option, but cooler heads know it would very likely mean a general war in a region where the United States’ ability to turn its military might into political change has been a dismal failure.

Ironically, as the administration has now started saying, Iranian failure to live up to the terms of the nuclear deal would actually create the context and rationale for taking military action to end the threat of a nuclear Iran. The international community will never support unilateral U.S. military action, but could be made to support air strikes, for example, if the Iranians cheat on the agreement.

The president, I believe, will ultimately prevail on the Iran deal and we’ll quickly return full attention to the political circus running up to another election. Still, it is worth considering the question Obama has persistently asked the critics of his diplomacy: What is your option? The answer is mostly crickets, but it is still a good question.

 

Civil Rights, Film, Johnson, Law and Justice, Music, Religion, Television

Selma: The Movie, The History

The Movie…

If you haven’t seen the Oscar-nominated film Selma you should. While mostly snubbed by those whoSelma decide which of Hollywood’s features are deemed worthy of acclaim, the film is worthy of much acclaim, and is a stunning and passionate look at recent American history. Given the country’s continuing struggle to reconcile its aspirations regarding equality with its history of racism and hatred, Selma presents a part of our history that must be remembered and understood, celebrated and mourned.

Like all films that set out to depict real events Selma has historical problems. More on that in a minute. Yet even with these not insignificant problems, the portrayal of events leading up to the historic voting rights march from Selma to Montgomery, Alabama early in 1965, even when we know the outcome, makes for gripping viewing. Because of the realism displayed in the film to illustrate the hatred and gut wrenching violence deployed against peaceful protestors Selma is also at times difficult to watch.

Director Ava Duvernay was correct, I think, to put Dr. Martin Luther King, Jr. at the center of her important film. KingHistory tells us, of course, that as important as King’s role was in leading his Southern Christian Leadership Conference in a series of protests across the American South in the 1960’s, many, many others played key roles in advancing the cause of civil rights. Still it is impossible not to come away from Selma viewing King as a great and transcendent moral force, indeed a genuine American hero. Thanks to the multi-dimensional character that British actor David Oyelowo develops on the big screen, King becomes as vital for us as he became for his followers in those hard times a half century ago. It is difficult to understand how Oyelowo was passed over for a Best Actor nomination. He deserves it.

I wondered as I watched the brutal scenes where peaceful African-American protestors are set upon by nightstick and horse whip armed Alabama state troopers wearing gas masks, if a whole new generation of Americans might come to understand, thanks to Selma, the unbelievable courage and determination shown by Americans who were merely seeking the right to vote. History fifty years old might as well be ancient history for many Americans and seeing the brutality and the blood in color on the big screen cannot help but underscore the reality of racism and hatred better than the old grainy black and white television film most of us have seen in documentaries.

Selma is a stunning reminder of where we came from, how far we have come and, unfortunately, how very far we still must go. Go see it and take someone under 35 years old with you.

The History…

I admit to being initially put off by the lack of political nuance in the film, not to mention the portrayal of Lyndon Johnson, but after reading and digesting much of the criticism and praise of Selma I find myself in agreement with Darryl Pinckney who wrote in the New York Review of Books: “A film based on a historical subject, even a beautifully shot one, can remind us without meaning to that although reading in the US is a minority activity, the book is still the only medium in which you can make a complicated argument.”

Perhaps it’s naïve on my part, but I harbor hope that the controversy about the movie, particularly the treatment of Johnson and the virtual absence of acknowledgement of the role congressional and presidential politics played in passage of the Voting Rights Act, will stimulate a greater understanding of the confluence of hatred, protest, violence, politics, bipartisanship, racism and religion that marked the eventual passage of the landmark legislation fifty years ago.

Every film, I guess, needs a villain and Selma has several. I would be personally more comfortable if the j-edgar-hoover-240-400x295filmmakers had cast J. Edgar Hoover, the long-time and truly despicable director of the FBI, as an even greater villain. Hoover deserves that treatment more than Johnson for, as LBJ’s one-time press secretary Bill Moyers has noted, “There’s one egregious and outrageous portrayal [in the film] that is the worst kind of creative license because it suggests the very opposite of the truth, in this case, that the president was behind J. Edgar Hoover’s sending the ‘sex tape’ to Coretta King.”

Moyers refers, of course, to the notorious audio tape made by the FBI and sent to King in an effort to threaten him and, Hoover hoped, drive King from leadership of the civil rights movement. As Moyer says, “some of our most scrupulous historians have denounced” the charge that Johnson had anything to do with the tape. “And even if you want to think of Lyndon B. Johnson as vile enough to want to do that, he was way too smart to hand Hoover the means of blackmailing him,” Moyers said recently.

The film also overplays Johnson’s opposition to the Selma march. In fact, Johnson understood as well as King that very public displays of protest would be needed to create the right kind of political LBJ-MLKenvironment in Washington, D.C. to pass voting rights legislation in 1965, particularly in the wake of the historic passage of civil rights legislation just a few months earlier. When Johnson, along with the rest of the country, saw the brutality in Alabama he realized the political moment had arrived and went to Congress quickly to insist on action.

This scene amounts to the climax of the film and disappointingly much of the drama of those moments is lost on the screen. The staging is all wrong for anyone who knows the history. Johnson spoke in the packed chamber of the U.S. House of Representatives where everyone from the members of the Lyndon Johnson, John McCormack, Carl HaydenSupreme Court to racist southern Democrats expected to hear an historic speech. They were not disappointed. Perhaps it was impossible to film this critical moment of the story where it actually took place, but for whatever reason Johnson’s speech in the film has little of the power it had at the time. It is reported that King, who was watching on television, wept – some of his followers said they had never seen that before – when Johnson adopted the slogan of the movement and vowed “we shall overcome.”

Additionally, Johnson was passionate and animated during that speech, not droll and understated as the usually excellent actor Tom Wilkinson plays the scene in Selma.

Still it is asking too much for one film, even a really fine one, to capture the full story of a tremendous turning point in American political history. If the film succeeds in further explaining and underscoringyoungjohnlewis the role King and his devoted followers – men like Georgia Congressman John Lewis who was nearly killed during the march – played in advancing the cause of civil rights, then that is an artistic accomplishment to be praised and awarded by audiences and by Hollywood.

However, amid the quibbles over historical details and the nit-picks over interpretation it is up to the rest of us to appreciate – and try to recreate in our own time – the enduring political lessons of Selma and the civil rights era. As the historian Julian Zelizer has so ably documented in his terrific new book The Fierce Urgency of Now, many different and sometimes conflicting strands came together in 1964 and 1965 to move the nation and the cause of civil rights forward. King and other civil rights leaders bravely dramatized the racism and hatred afoot in the country and made the cause of civil rights a moral and religious issue. The tragedy of John Kennedy’s assassination gave the cause new power in the hands of a determined new president. Johnson’s stunning landslide win over Barry Goldwater in 1964 (Goldwater opposed the Civil Rights Act passed just before election) gave Johnson a great issue and both greater political and moral authority to create laws. Just as important, the 1964 election created a huge Democratic majority in Congress that LBJ mobilized as a master political strategist. Northern Republicans, particularly Senator Everett Dirksen of Illinois and Representative Charles Halleck of Indiana, embraced civil rights and worked across the partisan divide to pass vital legislation. And organized labor, many in the business community and Protestant, Catholic and Jewish congregations joined the fight at the grassroots. The world was watching and much of the country did come together at an historic moment.

Our history tells us that political and cultural change happens slowly; sometimes so slowly that painful and tragic events precede the needed change. Change almost always involves work from the bottom up and the top down. And change that bends that arc of history toward justice usually means people and politicians must abandon old ways and grow and change. Once he reached the White House, Lyndon Johnson ceased to become a southern politician trapped by the old ways and attitudes of his region. He grew. Dirksen, Halleck and other Republicans saw beyond narrow, conservative interpretations of what the federal government might do. They grew. One has the sense that Martin Luther King was growing, as well. By the time of his death King’s agenda was still centered on civil rights, but had expanded his moral leadership to oppose misguided U.S. foreign policy and embrace a fairer economic policy.

At its best the film and the history reminds us of the long, twilight struggle for racial equality that has been a fixture of the country since its very beginning and that the struggle goes on. It also reminds us of what brave and determined individuals can do to correct injustice as well as what is possible when the people and their politicians are courageous enough to change. There is also much to celebrate in the fact that such a film was made by a supremely gifted African-American woman.

img_vr_373Selma also reminds us that fifty years on the right to vote in the United States is still a controversial issue. A U.S. Supreme Court decision in 2013 gutted key parts of the Voting Rights Act’s “pre-clearance” provision that mandated that states with a history of voting rights abuses receive Justice Department approval before changing their laws. The Congress shows no sign of pushing back on that unfortunate decision.

As the Brennan Center for Justice at the NYU Law School recently reported: “Increased single-party control in state capitals has accompanied a renewed push for voting restrictions. There are strong pushes for strict photo ID requirements in some Republican-led states, including in places where laws were struck down by state courts. This year, the courts — including the U.S. Supreme Court — are again poised to rule on voter ID and other election laws. Courts failed to block a number of restrictive laws last year, and without clear limits, states appear ready to move forward with harsh new measures.”

The film, our history and our current condition remind us both of where we have been and where we still need to go. Go see Selma.

 

Bush, Church, Civil Rights, Crisis Communication, Dallek, Hatfield, Johnson, Mansfield, Religion, Television

Assessing LBJ

johnson200-62fbf6627cd90a3d7677dbcd0b201aa00477e8bb-s6-c30One of the best biographers of Lyndon Johnson, the presidential historian Robert Dallek, has often said that it takes a generation or more once a president has left office for us to truly begin to assess his presidency. Historians need access to the papers. Those in the presidential supporting cast, the aides, the associates, the enemies, need time to write and reflect on the man. Once those pieces start to come together, we can begin to form history’s judgment. LBJ’s time seems more and more at hand.

Dallek titled one of his volumes on Johnson – Flawed Giant. That, I suspect, will be the ultimate verdict of history. A big, passionate man with supremely developed political skills and instincts who was, at the same time, deeply, even tragically, flawed.

Frankly it is the juxtaposition of the greatness and the human failings that make the 36th president so endlessly fascinating and why contemporary and continual examination of his presidency – as well as his political career proceeding the White House – is so important.

All that Johnson accomplished as part of his domestic agenda from civil rights to Medicare is balanced – some would say dwarfed – by the tragedy of Vietnam. His deep compassion for those in the shadows of life is checked by the roughness of his personality. Johnson could both help pass the greatest piece of civil rights legislation since the Civil War and make crude jokes about blacks. He could turn on his Texas charm in cooing and sympathetic phone calls to the widow Jackie Kennedy and then issue orders to an underling while sitting on the toilet.

Johnson presents the ultimate challenge to those of us who like to handicap presidential greatness. Does it automatically follow that a great man must also be a good man? Few would measure up to such a reckoning. And just how do to assess greatness?

I think I’ve read every major biography of Lyndon Johnson: Dallek’s superb two volumes, Robert Caro’s monumental four volumes and counting and wonderful volumes by Randall B. Woods and Mark K. Updegrove. I’ve read Johnson’s memoir The Vantage Point and Lyndon Johnson & the American Dream by the young Doris Kearns before she was Godwin. Michael Beschloss has dug through the Johnson tapes and produced great insights into the man and his politics.

You can’t study LBJ without going deeply into the American experience in southeast Asia. Biographies of Senators Mike Mansfield, J. William Fulbright, Mark Hatfield and Frank Church, among much other material, helps flesh out Johnson’s great mistake. More recently I’ve gorged on the reporting of activities surrounding the 50th anniversary of passage of the landmark Civil Rights Act of 1964, undoubtedly Johnson’s single greatest accomplishment.

Through all of this sifting of the big record of a controversial man I’m left to ponder how we fairly assess the Texan who dominated our politics for barely five years in the Oval Office and left in his wake both great accomplishments and the legacy of more than 58,000 dead Americans in a jungle war that a stronger, wiser man might – just might – have avoided.

The historian Mike Kazin wrote recently in The New Republic that LBJ doesn’t deserve any revisionist treatment for his “liberal” record because what really mattered was the war. “The great musical satirist Tom Lehrer once remarked,” Kazin writes, “that awarding the Nobel Peace Prize to Henry Kissinger made political satire obsolete. The same might be said for those who would turn the President most responsible for ravaging Vietnam into a great liberal hero.”

Historian David Greenberg, also a contributing editor for The New Republic, takes a somewhat different and more nuanced view, a view more in tune with my own, when he wrote recently: “No one can overlook anymore (for example) Washington’s and Jefferson’s slave holding, Andrew Jackson’s Indian removal policies, Lincoln’s and Wilson’s wartime civil liberties records, or FDR’s internment of Japanese Americans. We know these men to be deeply flawed, in some cases to the point where celebrating them produces in us considerable unease. But, ultimately, we still recognize them as remarkable presidents whose finest feats transformed the nation for the good. So if in calling someone a hero it’s also possible to simultaneously acknowledge his failings, even terrible failings, then Lyndon Johnson deserves a place in the pantheon.”

Peter Baker, writing recently in the New York Times, asks perhaps the best question about the on-going reassessment of Lyndon Johnson. Given the state of our politics today, the small-minded partisanship, the blinding influence of too much money from too few sources and the lack of national consensus about anything, Baker asks “is it even possible for a president to do big things anymore?”

For better or worse, Baker correctly concludes, LBJ represented the “high water mark” for presidents pushing through a big and bold agenda and no one since has approached the political ability that Johnson mastered as he worked his will on both Republicans and Democrats in Congress. The reassessments of Lyndon Johnson will go on and I suspect the “flawed giant” will continue to challenge our notions of greatness for as long as we debate the accomplishments and the failings of American presidents.

Afghanistan, John Kennedy, Johnson, Journalism, Uncategorized

First Draft

wicker_s160x162My closest personal connection to the events of this day 50 years ago were the few hours I spent more than 30 years ago with the reporter who literally wrote the first draft of history.

Tom Wicker was a southern liberal, born and educated in North Carolina and passionate about civil rights and civil liberties. He also early on developed the ability to write eloquent, piercing, streamlined prose and he just happened to be assigned to the Kennedy motorcade in Dallas on November 22, 1963. Wicker was 37 that day, a hardworking, but little known backbencher in the New York Times Washington bureau. It fell to him to write a story about an event that is still making news.

Wicker called the copy desk at the Times from a downtown Dallas pay phone – some of you may remember pay phones – and dictated his most famous story from notes scribbled on a copy of the official White House schedule for that fateful Friday. Every reporter wonders if they’ll be up to the task of describing a tragedy and a few find out. His voice breaking with emotion, Wicker dictated his lead:

Dallas, Nov. 22–President John Fitzgerald Kennedy was shot and killed by an assassin today.

Only twelve words in the first paragraph of Wicker’s story. In fact four of the first five graphs of Wicker’s story was but a sentence long. Here they are:

He died of a wound in the brain caused by a rifle bullet that was fired at him as he was riding through downtown Dallas in a motorcade.

Vice President Lyndon Baines Johnson, who was riding in the third car behind Mr. Kennedy’s, was sworn in as the 36th President of the United States 99 minutes after Mr. Kennedy’s death.

Mr. Johnson is 55 years old; Mr. Kennedy was 46.

Shortly after the assassination, Lee H. Oswald, who once defected to the Soviet Union and who has been active in the Fair Play for Cuba Committee, was arrested by the Dallas police. Tonight he was accused of the killing.

In those five, sparse paragraphs you really have the complete essence of what we remember from Dallas half a century ago. No word is out of place or unnecessary. With so much drama and tragedy and with so little time it would have been easy to overwrite, but Wicker didn’t succumb. That first draft of history from Dallas is simply a first-class piece of reporting created under the most awful and demanding circumstances.

Tom Wicker went on to become one of the most respected and important journalists of the post-war period. He covered presidents, and held them to a high standard, from Kennedy to Carter, wrote 20 books, went inside the prison at Attica, New York during a riot that eventually claimed 39 lives, and made Nixon’s “enemies list.” He never had a bigger story than his story 50 years ago today.

Wicker came to Idaho in the late 1970’s as a guest of the Idaho Press Club. I was an officer in the organization all those years ago, had a drink with him, talked shop, had him sign a couple of books and was too shy – or maybe too naive – to ask him about the Dallas story. Only later did I realize what a masterpiece he crafted on that awful day. With all we know about that day, with all the pictures and books, the conspiracy theories and the what-might-have-beens, Tom Wicker’s first draft remains hauntingly moving and overflowing with sadness. It is a timeless piece of writerly craftsmanship.

Wicker brilliantly chose to end his Dallas story with four paragraphs devoted to the speech John Kennedy was to have delivered, but never did on November 22:

The speech Mr. Kennedy never delivered at the Merchandise Mart luncheon contained a passage commenting on a recent preoccupation of his, and a subject of much interest in this city, where right-wing conservatism is the rule rather than the exception.

Voices are being heard in the land, he said, “voices preaching doctrines wholly unrelated to reality, wholly unsuited to the sixties, doctrines which apparently assume that words will suffice without weapons, that vituperation is as good as victory and that peace is a sign of weakness.”

The speech went on: “At a time when the national debt is steadily being reduced in terms of its burden on our economy, they see that debt as the greatest threat to our security. At a time when we are steadily reducing the number of Federal employees serving every thousand citizens, they fear those supposed hordes of civil servants far more than the actual hordes of opposing armies.

“We cannot expect that everyone, to use the phrase of a decade ago, will ‘talk sense to the American people.’ But we can hope that fewer people will listen to nonsense. And the notion that this nation is headed for defeat through deficit, or that strength is but a matter of slogans, is nothing but just plain nonsense.”

Baseball, Biden, Civil Rights, Civil War, Hatfield, John Kennedy, Johnson, Lincoln, Politics, Television

For the People

lincoln_abrahamOne reason, I think, so much has been made of the 50th anniversary of John Kennedy’s murder in Dallas, Texas on November 22, 1963 is the pervasive sense of political longing for a time when, whether true or not, it seemed almost anything was possible.

Put a man on the moon in the decade of the 1960’s and return him safely to Earth – no problem. Create a Peace Corps and send idealistic young Americans to the world’s poorest nations to deal with hunger, disease and ignorance – done. Reach real arms control agreements that dramatically reduce the threat of nuclear war – possible and likely.

University of Virginia political scientist Dr. Larry Sabato is correct, as his new book The Kennedy Half Century makes clear, that the martyred young president – his style, rhetoric and easy optimism – has had more impact on American politics since his death than anyone else in the last half century. Arguably Kennedy’s 1,000 days lacked enduring accomplishment. His deft handling of the Cuban missile crisis notwithstanding, there is little in JFK’s abbreviated first term to suggest real presidential greatness, yet many Americans regard him as the best president since Franklin Roosevelt. That cannot entirely be written off to the glamour of Camelot.

And before there was November 22, 1963 there was November 19, 1863 – Kennedy’s death and Abraham Lincoln’s great speech at Gettysburg separated by almost exactly 100 years, but at the same time the presidencies of the two great martyred chief executives united in a way by what seems to me a hunger for what we might call a politics of meaning.

A brilliant Washington Post essay by Harvard president and Civil War historian Drew Gilpin Faust recently asked if our government “by the people and for the people” is truly alive and well in the United States. Faust reminds us that Lincoln used his his taut, elegant and enduring speech 150 years ago tomorrow to call on his constituents to “persevere in the ‘unfinished work’ before them.”

Another fearful year and a half of war lay ahead, with yet again as many deaths to come,” Faust wrote. “But Appomattox would not end the work he envisioned. It was the obligations of freedom and nationhood as well as those of war that he urged upon his audience. Seizing the full meaning of liberty and equality still lay ahead.”

Lincoln knew that the awful war had to result in something better, something greater or else all the blood and treasure lost and never recovered would surely condemn the still youthful American experiment to failure. Lincoln used the rhetoric of his presidency, as John Kennedy did a century leter, to summon the country to something greater, something bigger than mere partisan politics.

Is There More than Partisanship…

There is no doubt that Kennedy was late to the struggle for civil rights for black Americans and only came fully to what he eventually termed “a moral issue” after the protests in Birmingham and elsewhere turned ugly and violence. In his now justly celebrated speech in June of 1963 where Kennedy called on Congress to pass civil rights legislation the young president made the issue bigger than partisanship or even politics.

“This is not a sectional issue,” Kennedy said. “Difficulties over segregation and discrimination exist in every city, in every State of the Union, producing in many cities a rising tide of discontent that threatens the public safety. Nor is this a partisan issue. In a time of domestic crisis men of good will and generosity should be able to unite regardless of party or politics…we are confronted primarily with a moral issue. It is as old as the Scriptures and as clear as the American Constitution.”

Near the end of his nationally televised civil rights speech Kennedy began remarkably to ad lib and in doing so his words became even more urgent, summoning images that still haunt America 50 years later.

“Today, there are Negros unemployed, two or three times as many compared to whites,” Kennedy said, “inadequate education, moving into the larger cities, unable to find work, young people particularly out of work without hope, denied equal rights, denied the opportunity to eat at a restaurant or a lunch counter or go to a movie theater, denied the right to a decent education, denied almost today the right to attend a State university even though qualified. It seems to me that these are matters which concern us all, not merely Presidents of Congressmen or Governors, but every citizen of the United States.”

As he had in his first speech as president, Kennedy was calling the country in 1963 to live out its potential and to not merely be content to act as though it were fulfilling its highest moral and legal obligations. Lincoln repeatedly did the same during the Civil War reminding Americans that in their country they did possess the “best hope” on Earth for a better way to live.

“These are responsibilities that belong to us still,” Drew Gilpin Faust wrote in the Post. “Yet on the 150th anniversary of Lincoln’s immortal speech, where is our stewardship of that legacy? After beginning a new fiscal year by shutting down the government, we are far from modeling to the world why our — or any — democracy should be viewed as the ‘best hope’ for humankind. The world sees in the United States the rapid growth of inequality; the erosion of educational opportunity and social mobility that ‘afford all an unfettered start, and a fair chance, in the race of life’; the weakening of voting rights hard-won over a century of post-Reconstruction struggle.”

The Politics of the Short-Term…

Where indeed is the high public purpose in the politics of either of today’s major political parties; parties that are almost entirely focused on short-term tactical approaches designed only to address the next election cycle. With President Obama hopelessly bogged down in health care problems largely of his own making and, so far in his second term, failing to call the country to sustained action of anything the not-s0-loyal minority counters by offering, well, nothing.

“What we have done so far this year clearly hasn’t worked,” a GOP aide involved in 2014 planning sessions for House Republicans recently told Politico. House Majority Leader Eric Cantor, the Republican aide said, “wants to take us in a new direction, which is good. The problem is we don’t know where we are headed, and we don’t know what we can sell to our members.”

We remember our martyred presidents not just because awful fate took them at the zenith of their power, poised on the cusp of leading us forward, but because they seemed able to give meaning to a greater cause, while urging a nation and its people to a higher calling.

Aspiration and a call to greatness are largely missing from public life today and therefore it is little wonder so many Americans long for leadership – the leadership of a Lincoln or a Kennedy – that is able to give real meaning to our politics; a kind of meaning where the “better angels of our nature” are summoned to do not for ourselves but for our country.