BaldGOP

A Blog for Bald Republicans, and anyone else!

Wednesday, July 30, 2008

Dana and the President

President Obama Continues Hectic Victory Tour

Dana Milbank

Barack Obama has long been his party's presumptive nominee. Now he's becoming its presumptuous nominee.

Fresh from his presidential-style world tour, during which foreign leaders and American generals lined up to show him affection, Obama settled down to some presidential-style business in Washington yesterday. He ordered up a teleconference with the (current president's) Treasury secretary, granted an audience to the Pakistani prime minister and had his staff arrange for the chairman of the Federal Reserve to give him a briefing. Then, he went up to Capitol Hill to be adored by House Democrats in a presidential-style pep rally.

Along the way, he traveled in a bubble more insulating than the actual president's. Traffic was shut down for him as he zoomed about town in a long, presidential-style motorcade, while the public and most of the press were kept in the dark about his activities, which included a fundraiser at the Mayflower where donors paid $10,000 or more to have photos taken with him. His schedule for the day, announced Monday night, would have made Dick Cheney envious:

11:00 a.m.: En route TBA.
12:05 p.m.: En route TBA.
1:45 p.m.: En route TBA.
2:55 p.m.: En route TBA.
5:20 p.m.: En route TBA.

The 5:20 TBA turned out to be his adoration session with lawmakers in the Cannon Caucus Room, where even committee chairmen arrived early, as if for the State of the Union. Capitol Police cleared the halls -- just as they do for the actual president. The Secret Service hustled him in through a side door -- just as they do for the actual president.

Inside, according to a witness, he told the House members, "This is the moment . . . that the world is waiting for," adding: "I have become a symbol of the possibility of America returning to our best traditions."

As he marches toward Inauguration Day (Election Day is but a milestone on that path), Obama's biggest challenger may not be Republican John McCain but rather his own hubris.
Some say the supremely confident Obama -- nearly 100 days from the election, he pronounces that "the odds of us winning are very good" -- has become a president-in-waiting. But in truth, he doesn't need to wait: He has already amassed the trappings of the office, without those pesky decisions.

The Atlantic's Marc Ambinder reported last week that Obama has directed his staff to begin planning for his transition to the White House, causing Republicans to howl about premature drape measuring. Obama was even feeling confident enough to give British Prime Minister Gordon Brown some management advice over the weekend. "If what you're trying to do is micromanage and solve everything, then you end up being a dilettante," he advised the prime minister, portraying his relative inexperience much as President Bush did in 2000.

On his presidential-style visit to the Western Wall in Jerusalem last week, Obama left a written prayer, intercepted by an Israeli newspaper, asking God to "help me guard against pride and despair." He seems to have the despair part under control, but the pride could be a problem.
One source of the confidence is the polling, which shows him with a big lead over McCain. But polls are fickle allies: A USA Today-Gallup poll released Monday found McCain leading Obama by four percentage points among likely voters. Another reason for Obama's confidence -- the press -- is also an unfaithful partner. The Project for Excellence in Journalism reported yesterday that Obama dominated the news media's attention for a seventh straight week. But there are signs that the Obama campaign's arrogance has begun to anger reporters.

In the latest issue of the New Republic, Gabriel Sherman found reporters complaining that Obama's campaign was "acting like the Prom Queen" and being more secretive than Bush. The magazine quoted the New York Times' Adam Nagourney's reaction to the Obama campaign's memo attacking one of his stories: "I've never had an experience like this, with this campaign or others." Then came Obama's overseas trip and the campaign's selection of which news organizations could come aboard. Among those excluded: the New Yorker magazine, which had just published a satirical cover about Obama that offended the campaign.

Even Bush hasn't tried that. But then again, Obama has been outdoing the president in ruffles and flourishes lately. As Bush held quiet signing ceremonies in the White House yesterday morning, Obama was involved in a more visible display of executive authority a block away, when he met with Pakistani Prime Minister Yousaf Raza Gillani at the Willard. A full block of F Street was shut down for the prime minister and the would-be president, and some 40 security and motorcade vehicles filled the street.

Later, Obama's aides issued an official-sounding statement, borrowing the language of White House communiques: "I had a productive and wide-ranging discussion. . . . I look forward to working with the democratically elected government of Pakistan."

It had been a long day of acting presidential, but Obama wasn't done. After a few hours huddling with advisers over his vice presidential choice, Obama made his way to the pep rally on the Hill. Moments after he entered the meeting with lawmakers, there was an extended cheer, followed by another, and another.

"I think this can be an incredible election," Obama said later. "I look forward to collaborating with everybody here to win the election."

Win the election? Didn't he do that already?

Tuesday, July 08, 2008

It Really Makes One Think...at least it should!

You'll notice Barack Obama is now wearing a flag pin. Again. During the primary campaign, he refused to, explaining that he'd worn one after 9/11 but then stopped because it "became a substitute for, I think, true patriotism."

So why is he back to sporting pseudo-patriotism on his chest? Need you ask? The primaries are over. While seducing the hard-core MoveOn Democrats that delivered him the caucuses -- hence, the Democratic nomination -- Obama not only disdained the pin. He disparaged it. Now that he's running in a general election against John McCain, and in dire need of the gun-and-God-clinging working-class votes he could not win against Hillary Clinton, the pin is back. His country 'tis of thee.

In last week's column, I thought I had thoroughly chronicled Obama's brazen reversals of position and abandonment of principles -- on public financing of campaigns, on NAFTA, on telecom immunity for post-9/11 wiretaps, on unconditional talks with Ahmadinejad -- as he moved to the center for the general election campaign. I misjudged him. He was just getting started.

Last week, when the Supreme Court declared unconstitutional the District of Columbia's ban on handguns, Obama immediately declared that he agreed with the decision. This is after his campaign explicitly told the Chicago Tribune last November that he believes the D.C. gun ban is constitutional.

Obama spokesman Bill Burton explains the inexplicable by calling the November -- i.e., the primary season -- statement "inartful." Which suggests a first entry in the Obamaworld dictionary -- "Inartful: clear and straightforward, lacking the artistry that allows subsequent self-refutation and denial."

Obama's seasonally adjusted principles are beginning to pile up: NAFTA, campaign finance reform, warrantless wiretaps, flag pins, gun control. What's left?
Iraq. The reversal is coming, and soon.

Two weeks ago, I predicted that by Election Day Obama will have erased all meaningful differences with McCain on withdrawal from Iraq. I underestimated Obama's cynicism. He will make the move much sooner. He will use his upcoming Iraq trip to acknowledge the remarkable improvements on the ground and to abandon his primary season commitment to a fixed 16-month timetable for removal of all combat troops.

The shift has already begun. Thursday, he said that his "original position" on withdrawal has always been that "we've got to make sure that our troops are safe and that Iraq is stable." And that "when I go to Iraq ... I'll have more information and will continue to refine my policies."
The flip is almost complete. All that's left to say is that the 16-month time frame remains his goal but he will, of course, take into account the situation on the ground and the recommendation of his generals in determining the ultimate pace of the withdrawal.

Done. And with that, the Obama of the primaries, the Obama with last year's most liberal voting record in the Senate, will have disappeared into the collective memory hole.
Obama's strategy is obvious. The country is in a deep malaise and eager for change. He and his party already have the advantage on economic and domestic issues. Obama, therefore, aims to clear the deck by moving rapidly to the center in those areas where he and his party are weakest, namely national security and the broader cultural issues. With these -- and most importantly his war-losing Iraq policy -- out of the way, the election will be decided on charisma and persona. In this corner: the young sleek cool hip elegant challenger. In the other corner: the old guy. No contest.

After all, that's how he beat Hillary. She originally ran as a centrist, expecting her nomination to be a mere coronation. At the first sign of serious opposition, however, she panicked and veered left. It was a fatal error. It eliminated all significant ideological and policy differences with Obama -- her desperate attempts to magnify their minuscule disagreement on health care universality became almost comical -- making the contest entirely one of personality. No contest.

As Obama assiduously obliterates all differences with McCain on national security and social issues, he remains rightly confident that Bush fatigue, the lousy economy and his own charisma -- he is easily the most dazzling political personality since John Kennedy -- will carry him to the White House.

Of course, once he gets there he will have to figure out what he really believes. The conventional liberal/populist stuff he campaigned on during the primaries? Or the reversals he is so artfully offering up now?

I have no idea. Do you? Does he?

Thursday, July 03, 2008

Obama and the War

Throughout his dramatic campaign to win his party’s nomination for the presidency, Senator Barack Obama has tended to ignore the specifics of policy in favor of the generalities of emotion, centering his appeal to voters on vague promises of “change” and “unity.” But on one issue, above all others, Obama has remained fixated from the campaign’s first moment, and that is the war in Iraq. By Obama’s own account, the consistency of his stand on this war demonstrates more than anything else that he, a one-term United States Senator who arrived in Washington in 2005 with no foreign-policy experience, after an uneventful eight-year stint in the Illinois state senate, possesses the wisdom, the clear-sightedness, and the judgment to assume the responsibilities of the nation’s commander-in-chief.

Obama calls Iraq “the most important foreign-policy decision in a generation.” By the word “decision,” presumably, he means to refer at once to President Bush’s decision to invade Iraq, Congress’s decision to authorize that policy, and his own early decision to oppose any such action.
Indeed, Obama was not yet in the Senate, and the Senate had not yet voted to authorize the war, when, in a speech delivered in Chicago on October 2, 2002, he announced his view of the matter. Granting forthrightly that the Iraqi despot Saddam Hussein had “repeatedly defied UN resolutions, thwarted UN inspection teams, developed chemical and biological weapons, and coveted nuclear capacity,” and that he “butchers his own people,” Obama nevertheless held that, despite all these well-proven crimes, Saddam posed no “imminent and direct threat to the United States or to his neighbors.” What is more, he added, “I know that even a successful war against Iraq will require a U.S. occupation of undetermined length, at undetermined cost, with undetermined consequences.”

Nine days later, the Senate passed its resolution granting George Bush the authority to use force to remove Saddam Hussein from power. In the Senate that day were four of Obama’s rivals in this year’s Democratic contest for the presidency—Hillary Clinton, John Edwards, Christopher Dodd, and Joseph Biden—and all four voted in favor.1 A fifth rival, Governor Bill Richardson of New Mexico, also spoke out in support of the war.

Alone among this year’s major Democratic candidates, then, Obama can claim an unspotted record of opposition to American involvement in Iraq and even a kind of prescience as to the subsequent course of events there. In any account of his electoral success so far, this factor must weigh as heavily as his natural eloquence and his ingratiating personality.

But Obama’s thoughts on the war in Iraq did not begin and end with that one speech in October 2002. In fact, an examination of both his statements and his Senate votes over the intervening years demonstrates something very different from the consistency that he and his supporters have claimed for him. It demonstrates instead a record of problematically ad-hoc judgments at best, calculatingly cynical judgments at worst. Even if, for the sake of argument, one were to stipulate that Barack Obama was right in 2002, what does this subsequent record say about his fitness to serve?
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Almost as soon as the war began in March 2003, Obama had second thoughts about his opposition to it. Watching the dramatic footage of the toppling of Saddam’s statue in Baghdad, and then the President’s speech aboard the U.S.S. Abraham Lincoln, “I began to suspect,” he would write later in his autobiographical The Audacity of Hope (2006), “that I might have been wrong.” And these second thoughts seem to have stayed with him throughout the entire first phase of the occupation following our initial combat victory. As he told the Chicago Tribune in July 2004, “There’s not that much difference between my position and George Bush’s position at this stage.”

This is hardly to say that he had suddenly metamorphosed into a hawk, let alone a supporter of the President’s broader freedom agenda. Indeed, one would search long and hard for any words from this apostle of hope and change about the palpable benefits that democracy might bring to the Arabs and Muslims of the Middle East. Rather, he seems to have sensed a political weakness in his blanket opposition to a venture still enjoying broad support in the country, and one in which tens of thousands of American soldiers were risking their lives.

And so, in September 2004, in the heat of his campaign for the U.S. Senate, Obama said (according to an AP report) that even though Bush had “bungled his handling of the war,” simply pulling out of Iraq “would make things worse.” Therefore, he himself
would be willing to send more soldiers to Iraq if it is part of a strategy that the President and military leaders believe will stabilize the country and eventually allow America to withdraw.
“If that strategy made sense and would lead ultimately to the pullout of U.S. troops but in the short term required additional troop strength to protect those who are already on the ground, then that’s something I would support,” said Obama.

In November, having won election to the U.S. Senate, Obama once again confirmed his determination to stay the course in Iraq in an interview with PBS’s Charlie Rose. “Once we go in, then we’re committed,” he said, adding:
[O]nce the decision was made, then we’ve got to do everything we can to stabilize the country, to make it successful, because we’ll have too much at stake in the Middle East. And that’s the position that I continue to take.

Indeed it was—for about a year. During that time, Obama delivered only one major speech on Iraq, in November 2005. At that point the situation on the ground was still very rocky and showing few if any signs of material improvement, and there was much talk of “exit strategies” in the air. But most liberal critics of the war (outside the rabid Left) were still not quite ready to cut and run. Accordingly, while reiterating that he had strongly opposed the Iraq war before it began, Obama also re-stated his belief that, having gone in, we had an obligation to “manage our exit in a responsible way—with the hope of leaving a stable foundation for the future, but at the very least taking care not to plunge the country into an even deeper and, perhaps, irreparable crisis.”

How were we to accomplish that? The answer was: slowly but surely. In the months to come, Obama said, “we need to focus our attention on how to reduce the U.S. military footprint in Iraq. Notice that I say ‘reduce,’ and not ‘fully withdraw.’” With a hint of greater specificity, he elaborated in January 2006 that “we have a role to play in stabilizing the country as Iraqis are getting their act together.”

Presumably what Obama was referring to here was the strategy of training indigenous Iraqi forces to “stand up” so that we could “stand down.” This was the same view of the military situation held by other critics of the Bush administration—and by the administration itself, which was in the process of trying to implement just that strategy. But as conditions in Iraq worsened over the course of 2006 and polls registered lower and lower levels of support for the President and the war—and as he himself was nearing a decision to run for the presidency—Obama’s position shifted again, markedly so.

On October 22, 2006, Obama proclaimed the urgent necessity for “all the leadership in Washington to execute a serious change of course in Iraq.” That change was decidedly not in the direction of stepping up our war effort by sending additional troops—a shift advocated by some conservative critics of administration policy and at that point being seriously considered by the White House and the Pentagon. Quite the contrary: the change Obama had in mind was to initiate, as quickly as possible, a “phased withdrawal” from Iraq. There was to be no more talk from him about leaving a “stabilized” situation. Nor, for Obama, was the issue debatable. His latest predictive judgment was that “We cannot, through putting in more troops or maintaining the presence that we have, expect that somehow the situation is going to improve.”
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On January 10, 2007, Bush announced the administration’s change in strategy in Iraq, popularly dubbed the “surge.” That very night, Obama declared he saw nothing in the plan that would “make a significant dent in the sectarian violence that’s taking place there.” A week later, he repeated the point emphatically: the surge strategy would “not prove to be one that changes the dynamics significantly.” Later in the same month, he summed up in these words his impression of the hearings on the new strategy held by the Senate Foreign Relations Committee: “What was striking to me, in listening to all the testimony that was provided, was the almost near-unanimity that the President’s strategy will not work.”

Whatever he was listening to, it could not have been “all the testimony.” But the main point is that, within a mere matter of weeks, Obama had moved to align himself with the most extreme critics of the war. This re-positioning coincided with the announcement of his presidential candidacy on February 10, 2007. “It’s time to start bringing our troops home,” Obama said forcefully as he launched his run. “That’s why I have a plan that will bring our combat troops home by March of 2008.”

In May 2007, Obama did something he had never done previously: he voted in the Senate against funding for combat operations, claiming as a reason the fact that the bill included no timeline for troop withdrawal. As the campaign season intensified, his position hardened still more. In September, a mere three months after the final elements of the 30,000-strong surge forces had landed in Iraq, he declared that the moment had arrived to remove all of our combat troops “immediately.” “Not in six months or one year—now.”

By then, though, a fairly substantial drop in violence was already discernible in Iraq. Without exactly denying this fact, Obama insisted that it had nothing to do with the surge, a point he repeated incessantly during the early months of 2008. In a presidential debate in January, for example, he claimed the reduction in violence was due not to increased American military action but to the attention paid by Iraqi insurgents and al-Qaeda terrorists to the results of America’s midterm elections in November 2006, when control of Congress passed to the Democrats:
Much of that violence has been reduced because there was an agreement with tribes in Anbar province, Sunni tribes, who started to see, after the Democrats were elected in 2006, you know what?—the Americans may be leaving soon. And we are going to be left very vulnerable to the Shiites. We should start negotiating now.

This was an astonishing statement on several counts. For one thing, the “Anbar Awakening”—in which Sunni tribes formerly allied with al Qaeda in Iraq turned on the foreign terrorists who had been making their lives a repressive hell—preceded the midterm election by several months. It had no connection with American electoral cycles and every connection with the brutality of al Qaeda (as internal al-Qaeda communications frankly conceded). For another thing, the prospect of a precipitous American retreat, far from helping along the chances of a negotiated political settlement between warring Iraqi factions, would almost certainly have created the opposite effect, reinvigorating the murderous hopes of the terrorist forces lately on the run and thereby undoing the Awakening altogether. Nor, incidentally, have those forces ever troubled themselves to discriminate between Sunni and Shiite in their frenzied determination to seize control. Finally, the sheikhs of Anbar have themselves testified to the crucially fortifying effect of the U.S. offensive against al Qaeda in Iraq, and there is no reason to doubt their word.

Obama’s corkscrew logic would take an even more bizarre twist in February of this year when Tim Russert of NBC News asked him if, as President, he would reserve the right to go back into Iraq with sizable forces if the American withdrawal he advocated should end by introducing even greater mayhem. Previously Obama had asserted categorically that, on his watch, no permanent American bases would be left in Iraq and that the few American troops remaining there would have only a very limited mission: to protect our embassy and our diplomatic corps and to engage in counterterrorism. But in his answer to Russert he now broadened his options:
As commander-in-chief, I will always reserve the right to make sure that we are looking out for American interests. And if al Qaeda is forming a base in Iraq, then we will have to act in a way that secures the American homeland and our interests abroad.

To wonted illogic this added both ignorance and disingenuousness. By his statement Obama may have intended to project a certain tough-mindedness in dealing with new threats, but as Senator John McCain pointed out in a devastating riposte, al Qaeda is already in Iraq. That is why its forces there are called “al Qaeda in Iraq” (or, to use the terrorist organization’s own nomenclature, “al Qaeda in Meso-potamia”). What is more, if Obama had had his way in 2007, our troops would have been out of Iraq by March of this year, leaving it naked to its enemies. If we were to withdraw them in the early months of an Obama presidency, al Qaeda in Iraq could be counted on not only to form “a base” but to take over large swaths of the country. Having overseen such a withdrawal, and having thereby unraveled all the gains of the surge, Obama would face the prospect of ordering them to return under far more treacherous conditions of his own making.


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To say that Senator Obama has not thought through the implications of his vertiginously shifting positions is to err on the side of charity; in fact they give every appearance of having been adopted without any systematic thought whatsoever. The same, unfortunately, can be said for the other main pillar of his position on Iraq. This is that the way to bring stability to that country is not by winning the war in the first place but rather by striking a “new compact in the region”—one that will include all of Iraq’s neighbors, including Syria and Iran. Such a compact, he says, will “secure Iraq’s borders, keep neighbors from meddling, isolate al Qaeda, and support Iraq’s unity.”

Never mind that Syria and Iran have spent the past years doing everything in their power to violate Iraq’s borders, meddle in its affairs, arm and support the factions that have been killing Iraqis and American troops alike, and fracture its unity. To Obama, all this murderous activity is but the understandable reaction of frustrated governments to the policies of George Bush (and, although he does not say so, every single one of his predecessors going back decades). By contrast, if he himself were elected President, both Iran and Syria would utterly reverse direction.

Obama’s unlimited faith in diplomacy as a means of resolving deep-seated differences among nation-states is not exclusive to the Middle East. When asked if, during the first year of his presidency, he would meet individually and without precondition with the leaders of Iran, Syria, Venezuela, Cuba, and North Korea, he replied: “I would. And the reason is this, that the notion that somehow not talking to countries is punishment to them . . . is ridiculous.” So enamored is he of this pledge that he has re-stated it regularly in the course of the campaign. Whenever he is asked how he would address a thorny foreign-policy issue, he invokes the need for diplomacy—first, last, and always.

The columnist Charles Krauthammer once characterized this disposition as the “broken-telephone theory of international conflict”—i.e., the belief that if nations fail to get along, the fault is to be found in some misunderstanding, some misperception, some problem of communication that can be cleared up by “talking.” In Obama’s case, the syndrome is compounded by unfeigned confidence in the power of his own personal charm to bridge whatever differences may separate us from those who hate us.

Thus, when it comes specifically to Iraq and its implacably hostile neighbors, he refuses even to entertain the possibility that diplomacy might fail, or to consider what steps would be necessary should that in fact happen. Nor has he deigned to credit or even to notice the strenuous diplomatic efforts undertaken over the last eight years by the allegedly trigger-happy Bush administration to negotiate with Iran, North Korea, and others. Nor, finally, has he absorbed any useful lesson from the disillusioning outcomes of these efforts—let alone other, even more emollient efforts by our European allies and the United Nations. Such willful innocence, in a President, can be lethal.
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It is perfectly legitimate to argue, as Senator Obama does, that the war to liberate Iraq was ill-conceived and has cost us much more than it has been worth. It is also perfectly legitimate to argue, as Senator McCain does, that the war was eminently worth waging but that the Bush administration massively mishandled the phase following the ousting of the Baathist regime.

It is another matter entirely to argue that because the decision to go to war was wrong, we should now simply withdraw and wash our hands of Iraq in hopes of starting over. There is no starting over in world affairs. We are where we are, and the next President will have to play, one can only hope wisely, the hand he will have been dealt. But by the same token, there is also no way of establishing that, had the decision in 2002 gone the other way—that is, Obama’s way—today’s security situation would be better for us than it has actually turned out to be, mistakes and all. Especially now, when our prospects in Iraq have greatly improved, indulging in such exercises of revisionist history is wholly fatuous.

In this connection, though, it is also no wonder that Obama describes the war in Iraq as “the most important foreign-policy decision in a generation.” His formulation neatly focuses on the moment before American and allied troops went into battle in March 2003—a moment when Obama can claim to have seen, with perfect clarity, the entire subsequent unfolding of history. But quite aside from the fact that that moment came and went five years ago, the real question has to do with his vision in the meantime concerning the most important foreign-policy issue in our generation.

Unlike his presidential rival John McCain, an early and vocal and truly consistent critic of the Bush administration’s counterinsurgency strategy in Iraq, Obama, as we have seen, was opposed to doing anything about Iraq even when, like everyone else, he believed Saddam Hussein was a menace who was likely armed with weapons of mass destruction; became a supporter of the war after the fact and remained one even as things were going poorly; and morphed into an aggressive opponent again just as the prospects of an American victory began to brighten. If there is a consistency here, it would appear to be the consistency of one consistently divorced from the facts on the ground and, lately, almost hermetically sealed off from even the possibility of good news. In a politician admired for his supposed open-mindedness and his ready willingness to consider new evidence, this is, to say the least, striking.

But perhaps a different kind of consistency is to be discerned in this maze. When Obama opposed the war in 2002, it was clearly in his political interest to do so; according to Dan Shomon, his campaign manager at the time, the key to Obama’s chances in the Democratic race for the Senate nomination lay in his ability to rally the Left to his side. Then, in 2004, when the war was still supported by most Americans, he associated himself with the Bush occupation strategy. In 2005, as Iraq was becoming increasingly unpopular, he temporized by joining those saying we had to reduce but not withdraw our troop presence. By 2006, with the war’s unpopularity deepening, he embraced a policy of full-scale withdrawal.
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Having hitched his fortunes to this last position—i.e., that the war is lost and it is time for us to leave—he is in something of a predicament, having either to deny the clear evidence of progress in Iraq or to rewrite and revise his personal history. On the latter front, indeed, he has recently gone so far as to claim that when the surge was announced, he had “no doubt” that “if we place 30,000 more troops in there, then we would see an improvement in the security situation and we would see a reduction in the violence.” In fact, as we have seen, he volubly argued just the opposite.

Like the rest of the story rehearsed here, what all this suggests is that Barack Obama does not represent an authentic new “brand” in American politics; rather, he has shown himself to be an exceptionally adept political animal who can adjust to the prevailing political winds with seamless ease. As the election season progresses, it remains to be seen what tortuously defended new positions will be embraced by this consistently political politician, and what price they will exact in his reputation as a principled and courageous new voice.

Shield Laws

Press That Shield BackReporters already have protection, and they owe the public their testimony … just like the rest of us. By Seth Leibsohn & Andrew C. McCarthy

Since the War on Terror began, all sectors of the American public have been called upon to do their duty to help aid the war effort. For those opposed to any military action (or war) at all, the best we could hope for from our citizenry was some form of the Hippocratic Oath: at least do no harm. And the American people, by and large, have risen to their duties of citizenship. One sector has, however, behaved miserably: the American media. They have disclosed, published, and broadcast to the world national security secrets from NSA surveillance programs to Treasury Department funds-tracking programs and they have outed allies who helped us hold high-value terrorist detainees such as Khalid Sheikh Mohammed.

For this behavior has a single member of the press been investigated, much less prosecuted? No. Instead, they have given themselves Pulitzer Prizes. And this week, the House of Representatives has approved legislation that would give them something even more valuable: a new privilege, to be recognized in federal law, allowing them not to testify against those who have broken the law by giving them classified national-security intelligence.

With this privilege, the media, unlike the rest of us, can now skirt a core obligation of citizenship: the duty to provide testimony when they witness crimes. Indeed, even if they aid and abet certain crimes, our lawmakers would provide them cover.Even more ardently than most clubs, the American press circles the wagons when its members are criticized. Alas, because we get our information from the media, it matters a great deal when they are deeply self-interested. That self-interest — if not balanced by an equally effective force — cements into conventional wisdom.

That is what has happened as freedom of the press has been debated over the last several years, against the backdrop of the high-profile Valerie Plame Wilson leak investigation, in which the only person who went to jail was a reporter, Judith Miller, who defied a subpoena.Correction of the conventional wisdom is badly needed. One might have thought House Republicans, who have exhibited great concern about wartime leaks of national-defense information, would have provided it. To the contrary, they’ve gone along for the ride, ludicrously suggesting that the press is “under siege” — notwithstanding that newspapers teem with leaks, classified or not, and that Ms. Miller needn’t have gone to jail, as she held the key to her cell door the entire time (and ultimately was released when she did what all Americans are obliged to do: honor a lawful subpoena).

Here is what the media does not tell you: 99.9 percent of the time, if not more, journalists are not hampered in the slightest. Justice Department guidelines, which are rigorously enforced, forbid prosecutors and investigators from issuing subpoenas to compel them to surrender their sources. The government pays great deference — far more than the law requires — to the vital role the media plays in a functioning democracy.There are, nevertheless, two other types of situations. They occur rarely, but when they do there is no public interest served in insulating the journalists from the obligations of citizenship. The first is when a member of the press witnesses a crime. Let’s say a reporter happens to be standing on line in a bank when it is robbed. It would be ridiculous to suggest that the reporter’s mere status as a journalist should relieve him or her, unlike the other citizens on line, of the obligation to testify as a witness to the robbery.

The media may not like this, and the politicians and public officials who leak to them surely don’t like it, but unauthorized disclosures of information in government files is a crime. Government officials with security clearances take a solemn oath to keep classified information confidential. Leaking it is not only dishonorable; it is a crime. Moreover, even when information in government files is not classified, officials can be prosecuted — and jailed for up to ten years — under a federal statute that bars the theft of public money, property and records (Section 641 of Title 18, U.S. Code).That is, a reporter who receives such a leak witnesses a crime every bit as serious — and sometimes more serious — than the journalist who happens to be in the bank when it is robbed.

Government officials who leak information can severely compromise our national security, as we have seen only too frequently in recent years. People can die as a result of such leaks. It makes no sense to make them even more difficult than they already are to investigate. The establishment media’s response to such arguments is bogus. They claim that “whistleblowers” who want to reveal government corruption or incompetence should be encouraged to come forward. But they already are. Government agencies have internal reporting mechanisms and vigilant, independent inspectors general who investigate claims of waste, fraud and abuse — and who ultimately report to the public without disclosing information that would harm the nation or infringe on privacy concerns.

No government official has to go to the media to get the truth out, and most leakers are not good-faith whistleblowers; they tend, instead, to be disgruntled losers of internal policy arguments or insiders currying favor with the press.One other situation is even more rare and it cries out even more forcefully against “shield” protection for journalists. It occurs when a reporter is potentially complicit in a crime. For example, a federal statute (Section 798 of Title 18, U.S. Code) expressly makes it a crime to publish signals intelligence — a category that would include, for example, the NSA’s terrorist surveillance program exposed by the New York Times in 2005. The espionage act (Section 793) more generally proscribes the disclosure of “information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation[.]” This at least arguably applies to the press.

The First Amendment is not a license to violate the law. The prosecution of a journalist would be a very momentous step, one that should be approached with the greatest of caution. But questioning journalists about which government officials are leaking information that can so badly damage national security should be a no-brainer — especially during wartime and under circumstances where the enemy has already accomplished one devastating strike against the homeland and desperately seeks a reprise. It is simply mind-boggling that Congress would take what is very likely criminal behavior and turn it into immunized behavior — encouraging more top-secret disclosures and putting all of us at greater risk.

Finally, making matters even worse, there is ambiguity in the House legislation regarding who is a journalist. That means much of the new media — including the very bloggers who have been nothing short of heroic in both exposing media bias and getting facts to the American people when the mainstream media does not or will not — would likely not be protected under this legislation. Not if they are part-timers like the “Power Line” or “Little Green Footballs” bloggers … or us. In other words, those who have rolled up their sleeves to help the war effort in their spare time will receive no protection while those employed by billion-dollar media corporations who have exposed anti-terror programs will have a brand new level of protection.

The Supreme Court has wisely held that the public interest in having available the testimony of all citizens takes precedence over the journalist’s interest in protecting sources. This is as it should be. That reasonable principle is the basis of the current system. It is a system, in which, far from being under siege, reporters enjoy broad freedom to investigate and report; yet, in exceedingly rare instances, they may be questioned about crimes they may have witnessed and investigated for crimes they may have committed. It would be extremely foolish to upset that balance.

More Oil - Dems Running On Empty

Running on Empty Democratic energy policies ignore reality. by Fred Barnes

BARACK OBAMA PUNCTUATED his opposition last week to offshore drilling for oil and natural gas with a clever jab at John McCain. "The politics may have changed, but the facts have not," he quipped. A few days earlier, McCain had called for lifting the moratorium on exploration and drilling off the Atlantic and Pacific coasts.

Obama was only half right. With gasoline at $4-plus a gallon, the politics have indeed changed--in favor of increased domestic oil production. But so have the facts. And it's that change that has made offshore drilling cost-effective, environmentally safe, and no threat to become an eyesore off the beaches of California and Florida.

Advances in oil technology--which Obama either doesn't know about or chooses to ignore--allow drilling to go far deeper beneath the sea and thus farther from the coast. Some oil rigs in the Gulf of Mexico are nearly 200 miles from land. Serious spills from drilling offshore have become practically non-existent. More than 100 rigs in the Gulf were damaged by hurricanes Katrina and Rita without a single spill.

So Obama, the Democratic presidential candidate, was wrong. Now, like other Democrats, he's in a politically awkward position. He opposes new drilling for oil and natural gas at a time when drilling in areas currently off limits has become popular. Three-fourths of likely voters in a new Zogby poll said they favor it, and Republicans have made it their top issue against Democrats.
Democrats appear wary of saying they oppose any boost in domestic oil production, which happens to be the position of a powerful interest group, the environmental lobby. But despite soaring gasoline prices, Democrats are against opening new areas of federal land or offshore for exploitation of oil and natural gas reserves.

Instead, they've come up with lame, dubious, or intellectually dishonest reasons for their opposition. Obama's insistence that the "facts" of oil production haven't changed is just one of those.

House Speaker Nancy Pelosi said last week that the Democratic Congress is "moving America in a new direction for energy independence." But preserving the ban on offshore drilling isn't new. The ban has been in effect since 1981, but Pelosi said it's not responsible for high gasoline prices. Who's really to blame? The Bush administration and the oil companies, she said.

Pelosi's most implausible claim is that energy companies are hoarding oil. If so, they're doing this as gasoline prices have reached a record high price. And these companies are the same ones that Democrats accuse of being greedy and reaping "obscene profits."

Hoarding oil--keeping it off the market--certainly makes no economic sense, which is why oil companies aren't doing it. As supposed evidence, Democrats cite the absence of drilling in 68 million acres of federal oil reserves leased by oil companies. In truth, these areas are under active exploration that may lead to drilling. Drilling, of course, is the last step in oil production. Whatever Democrats may think, oil companies don't drill first, then explore later to find if drilling is actually worthwhile.

Oil companies pay billions to the federal government each year for oil leases, most of which expire after 10 years. They pay an annual fee as well. In 2007, they paid $7 billion for oil leases in the Gulf of Mexico alone. Would they spend so much for leases and fail to follow up and look for oil? Not likely.

Pelosi also made this boast: "The New Direction Congress has enacted into law the first new fuel efficiency standards for vehicles in 32 years." The law would boost vehicle fuel standards to 35 miles a gallon--in 2020.

But this legislation was entirely unnecessary. The free market is already increasing fuel efficiency. Car buyers are rushing to trade in gas guzzlers for vehicles with better mileage. And auto companies are closing plants that manufacture low mileage cars as fast as they can as they switch to building more efficient cars.

Democrats have also turned to several hardy perennials, claiming that gouging and "excessive speculation" are chiefly at fault for the rise in the price of gasoline. These charges were aired during the 1970s and found to be false. But there's a new twist this time: the House authorized lawsuits against OPEC, the oil cartel, for price fixing. This tactic is unlikely to be pursued.
The silliest of the ploys came from Rahm Emanuel, the savvy congressman from Chicago. He demanded to know if McCain, the Republican presidential candidate, favors drilling in the Great Lakes. "I just want to help," Emanuel told the Washington Post, "in case geography wasn't where he got an 'A.'" Sure.