Showing posts with label US Constitution. Show all posts
Showing posts with label US Constitution. Show all posts

Saturday, August 21, 2010

Wikileaks & Julian Assange: What to Make of Yesterday's Bizzarely Heavy–Handed Smear?

Time to get current.

Wow. Okay, now I get it. We should be paying attention to this stuff.

Yesterday, I put together a page in this blog called What is 'Crib From This'?, in which I explained that Crib From This is intended to explore the complicated and changing relationship between information and knowledge.

Well, there is no question that Julian Assange, founder of Wikileaks, is giving us no choice but to confront this issue, and, particularly, its relation to nationalism, governmental claims of 'national security', propaganda, freedom of information, and the liberty of ordinary, everyday people to pursue and share knowledge. Without a doubt, these are questions that a lot of us—maybe all of us—would feel more comfortable not confronting, or would prefer to put off confronting until another day. But it seems as though it's too late for that, now. Particularly for we American observers.

So, this post is really just to say: it's time to, as it were, bone-up. Get current with this thing, if we're not already.

Yesterday's (absurdly heavy–handed & obviously fictitious) smear. And today's quick retraction.


Well, it's not news, of course, that Julian Assange has been pissing-off lots of people in high places. But up until yesterday, the most forceful attempts to criticize Wikileaks by way of character-assassination of Assange have come from the radical/loony Right-wing. And even these figures, like Liz Cheney, back on August 2, confined their accusations against Assange to aspects of the content of leaked data.

So, to get started, here are some links to articles about this bizarre episode:

First, an AP release from less than an hour ago (by way of Yahoo News):
STOCKHOLM – Swedish prosecutors withdrew an arrest warrant for the founder of WikiLeaks on Saturday, saying less than a day after the document was issued that it was based on an unfounded accusation of rape.

The accusation had been labeled a dirty trick by Julian Assange and his group, who are preparing to release a fresh batch of classified U.S. documents from the Afghan war.

Swedish prosecutors had urged Assange — a nomadic 39-year-old Australian whose whereabouts were unclear — to turn himself in to police to face questioning in one case involving suspicions of rape and another based on an accusation of molestation.

"I don't think there is reason to suspect that he has committed rape," chief prosecutor Eva Finne said, in announcing the withdrawal of the warrant.

...
Second, today, from Al Jazeera English:

'Dirty tricks'
After Swedish tabloid Expressen,first published reports that the arrest warrant had been issued for Assange, Wikileaks responded on Twittersaying: "We were warned to expect 'dirty tricks.' Now we have the first one."

"No one here has been contacted by Swedish police. Needless to say this will prove hugely distracting."

Assange's organisation has caused much controversy recently with the release of 75,000 classified US military documents containing information surrounding the wars in Iraq and Afghanistan.

The US government rejected the release of the documents, saying the website had "blood on its hands" for naming people who had helped its military in opposition to groups such as the Taliban and al-Qaeda, and ordered Wikileaks to return the files.

Wikileaks, meanwhile, has said that it is plans to reveal more of the remaining 15,000 classified documents it holds, possibly this month or next month.

A blogger for CNN asks Is Assange the target of a U.S. smear campaign? Uh...sure looks like it, doesn't it.

Finally, this article from BBC News says
The Swedish Prosecution Authority website said chief prosecutor Eva Finne had come to the decision that Julian Assange was not subject to arrest.

In a brief statement Eva Finne said: "I don't think there is reason to suspect that he has committed rape."

The website said there would be no further immediate comment.

Earlier, Karin Rosander, communications head at Sweden's prosecutors' office, said there were two separate allegations against Mr Assange, one of rape and the other of molestation. She gave no details of the accusations. She said that as far as she knew they related to alleged incidents that took place in Sweden.

Media reports say Mr Assange was in Sweden last week to talk about his work and defend the decision by Wikileaks to publish the Afghan war logs.

Last month, Wikileaks published more than 75,000 secret US military documents on the war in Afghanistan.

US authorities criticised the leak, saying it could put the lives of coalition soldiers and Afghans, especially informers, at risk.

Mr Assange has said that Wikileaks is intending to release a further 15,000 documents in the coming weeks.

Some idle speculation.

As my title suggests, here's the thing I don't get: why so obviously spurious a charge as rape? I mean, rape? Really? And why would Swedish prosecutors withdraw the charge after less than 24-hours? Was it because the case was really just so obviously without any merit that withdrawing it was the only way to regain some semblance of credibility? If that's the case, then how did it come to pass that the warrant was issued in the first place? Pressure from the USA?

If the latter scenario is the case, then perhaps the whole episode was little more than a (in all likelihood, successful) attempt to scare the hell out of Assange—a show of muscle, if you will.

Also, there's likely to be significance to the fact that the 'news' about Sweden's warrant for Assange broke on a Friday. People who follow things like how the 'news cycle' works always point out that, if you want to release a story but simultaneously bury it, release it on a Friday, because very few people will pay attention, and this low level of immediate interest insures that media will have forgotten all about it by the time the following Monday comes around.

The Friday release would appear to suggest that the false accusation and resulting Swedish warrant really were meant either as an attempt to scare Assange or to 'send him a message', like what evil governments do in cheesy conspiracy movies—i.e., look at how easy it would be for us to crush you like a bug if you piss us off—or as what is sometimes called a 'test balloon', as a de facto public opinion poll, whose research sample consists of the segment of the population that's paying attention to the news on Friday and Saturday?

A brief moment of moralizing.

Not to state the obvious, but shouldn't the US Government and its vast intelligence apparatus have more important things to do than picking on whistle-blowers and advocates for the freedom of information?

Remember, as I point out in What is 'Crib From This'?, the United States Constitution is among the most forceful, elegant and powerful forces for the freedoms of speech, thought, action and information. It's truly a sad day when its leaders decide—not clandestinely, but out in the open, with an obvious smear like this—to attack the world's most dedicated advocates of the very same freedoms that it is constitutionally mandated to protect.

Wednesday, August 12, 2009

Time for 'liberal' jurisprudence to mount stronger challenge to so-called 'originalism'.

So, The Nation magazine reported the confirmation of Judge Sonia Sotomayor to the Supreme Court. Nothing surprising about that. What interests me at the moment is that the piece quotes a speech in which the deceased Justice Thurgood Marshall cited the centrality of "social transformations" in bringing the United States into alignment with the designs of its written Constitution:
[The] government they devised was defective from the start, requiring several amendments, a civil war, and major social transformations to attain the system of constitutional government and its respect for the freedoms and individual rights, we hold as fundamental today.
The more I have read about and from the history of the Early Republic, as they call it, the more proof I have unearthed as to the consciousness of the Founders of the fact that the necessary social and economic conditions for the development of American democracy had not yet been established at the moment of the nation's birth. Many of the Founders commented frequently on the fact that the future was an unknown quantity and that this fact could cut in either direction, negative or positive. An example of the latter is the specter of the apparatus of governance one day falling under the control of greedy, petty or self-interested men. As John Adams put it, during the extensive correspondence he and Thomas Jefferson conducted during the later decades of their lives:
Democracy [...] while it lasts, is more bloody than either aristocracy or monarchy. Remember, democracy never lasts long. It soon wastes, exhausts, and murders itself. There is never a democracy that did not commit suicide.
If democracy's ideals, continued Adams, were to succeed, this success could and would be obtained only with great effort and with the passage of time:
When people talk of the freedom of writing, speaking or thinking I cannot choose but laugh. No such thing ever existed. No such thing now exists; but I hope it will exist. But it must be hundreds of years after you and I shall write and speak no more.
The awareness among the Founders of the role of contingency and shifts in meaning in history extended beyond their comprehension of the fact that the future was likely to look, as it were, hella different than the Revolutionary Era looked. However: the importance of this understanding in a way can be seen to have been a function of revolutionary action itself, an activity that by definition consists of trading in a world of familiarity and predictability for a world of struggle and unpredictability. This act is one that faces off against the possibility of a future of utter failure in a way that today we are too constitutionally (pun acknowledged but not intended) weak even to ponder.

Our Founders and the Framers of the Constitution also knew that there are limitations inherent to the capacity of words to transmit their "intended" meanings. They understood that words therefore cannot be comprehended exclusively in reference to the context of a specific time and place. They were shrewd enough to know that this was impossible. (Or, maybe "shrewd" isn't the word: maybe it's "thoughtful.") And, therefore, in framing the original articles of the Constitution and the Bill of Rights, they painted with a brush broad enough to inform the interpretive abilities of intellectually honest and morally engaged future stewards of democracy.

Upon reading the actual documents, it is simply impossible to imagine that the Founders would be pleased to see the likes of Dick Cheney in a position of power. But that's an obvious point....

The important point is that Justice Antonin Scalia and other adherents of the judicial philosophy of originalism fail utterly to comprehend the significance of the fact that the Framers possessed this very comprehension of the relations among contingency, meaning, words and history. Scalia argues that, when interpreting the Constitution, as well as federal and state laws, judges must interpret language in a manner that accords with the meanings that the words possessed at the time of their having been written and passed into law.

But: if the Framers were aware enough of these historical processes, if they were conscious and even deliberate in imbuing the language of the Constitution with this cognizance, this anticipation that subsequent readings would bring to bear unimaginable contingencies, then should not the originalist be the first scholar on his block to insist upon granting serious consideration to capacious readings of Constitution language? Especially in tricky and consequential areas of Constitutional law, like its implications for what we would today call 'privacy' rights??

Does this make sense? It's late as I type. I'll maybe explain a bit more when I'm in a lucid frame of mind (should my mind come to be so framed....).

In the meantime: we on the putative "left" side of center should start articulating a couple of easily-identifiable fallacies that are promoted by originalism, as Scalia conceptualizes it. Both of these fallacies have widespread implications for the rule of law in areas of individual liberty and privacy. Scalia's first demonstrated fallacy is that he removes the words of the Constitution from the context of their overriding systems of value and signification, in effect, stripping words of their meanings.

To illustrate this fallacy conceptually, here's an example: Nowhere in the Constitution does there appear the word "abortion." Therefore, to recognize in the Constitution the rights of women to have abortions is to read something into the document that isn't there. Now, don't mistake my example as making the claim that Roe v. Wade was good jurisprudence or even a good idea; let's save that discussion for another day.

Instead, focus closely upon the internal logic of the cited example: Does this reasoning in and of itself indict Roe? No way. Because there is plenty of language in the Constitution that is aimed at protecting spheres of individual prerogative from the intrusion of governmental tyranny. Scalia would say: Well, there's no way the Founders would have imagined the concept of a 'legal right to an abortion'.

True. And, advocates of 'liberal' jurisprudence should respond: To precisely the same extent, the Founders could under no circumstances have imagined the concept of a 'legal prohibition upon abortions'. Only when framed in this manner can the notion of 'originalism' be seen as on 'all fours' with supposedly 'competing' judicial philosophies.

There is a second fallacy upon which Scalia's originalism is premised. I would argue that Scalia accords an overabundance of meaning/significance to perceived connections between the words of the Constitution, including its early amendments, and the 'actual thinking' of those who wrote these texts. This is first because the notion of these texts as having been 'written' is in itself potentially misleading: The documents themselves are compromises, at which the Framers arrived only after extensive debate, and -- more importantly -- the brokering of deals.

There is no doubt that the Framers themselves often interpreted the same language differently.

Thomas Jefferson, who was in France being a diplomat during the Constitutional Convention and subsequent passage of the Bill of Rights, probably interpreted the separation of Church and State as something akin to what he had described in his correspondence as a "wall of separation between Church and State." Others may have understood the First Amendment differently. In other words, the Founders were in many respects engaged in the very same debates in which we are engaged today.

So, one response to Scalia is to point out: To appeal to the Early Republic for definitive guidance in interpretation is to appeal to an era that possessed a diversity of interpretations equivalent in extent to -- if not exceeding -- the diversity of opinions that we possess today.

Whereas Adams hoped for a future of greater human liberty and happiness, Jefferson was always at least slightly -- and often exceedingly -- more optimistic than was his friend. For all of the trouble it's brought us, you've gotta show the love for The Enlightenment (somebody: cue up a vinyl copy of Beethoven's Ninth!) and give Jefferson his due for being such an Enlightenment fundamentalist.

He probably would have preferred conscientious, ethical and -- yes -- empathic Supreme Court justices to Scalia's dry, supposedly technical, and operational jurisprudential ideal:
When I contemplate the immense advances in science and discoveries in the arts which have been made within the period of my life, I look forward with confidence to equal advances by the present generation, and have no doubt they will consequently be as much wiser than we have been as we than our fathers were, and they than the burners of witches.
The fallacies I have identified are not only general characterizations of originalist jurisprudence. Instances of these fallacies can be spotted in many specific legal opinions. To the degree to which the legal opinions can be described as relying upon fallacious premises, 'originalism' itself is exposed as a tactic by which its adherant convinces himself and others that his judgments do not rest upon (or emanate from) ideological and political premises. Sorry, Justice Scalia: Guess you'll just have to begin formulating actual justifications for your interpretations and stop seeking the shelter of quote-unquote originalist legal philosophy.

At some point I want to explain why I belief the prevailing explanations/justifications for 'liberal' jurisprudence to be flawed. But maybe I'll have to use more brevity and not be such an insufferable pedant. Because I'll bet you twenty dollars that you haven't read this far into the post.

Friday, November 21, 2008

The declining political currency of outrage,
Part II: Is the media literacy of younger generations obviating the culture wars?

This post proceeds from the spot at which Part I left off. Contrasting his persona and rhetoric with that of President-elect Obama, I characterized Former President Bill Clinton as follows:
Clinton demonized his enemies and inflated the scurrilousness of their charges and tactics, in effect shoring up support from 'his side', but simultaneously enraging and radicalizing his opposition. ... People sided with Clinton because he was needy of our attention and our love; he needed us to prop him up against the mean bullies who were out to get him.
Clinton's presidency coincided with eight years of particularly cacophonous culture-war waging: the far-Right devoted itself to fighting and re-fighting ad nauseum the same perceived 'social'-political battles that were seen to have sprouted during the oh-so-turbulent late 1960's and early 1970's. The battle lines were drawn not around the big issues of the period -- Vietnam, the Draft, the incendiary fretwork of Jerry Garcia -- but around some fairly slight stuff like whether or not the sexual mores portrayed in prime time television programming reflect those of everyday Joes in the Heartland. (A textbook opportunity for Heartland outrage, considering that any such television show enjoys high ratings specifically because millions of viewers in the Heartland tune in week after week, whether they're honest about it or not.) This has been the dominant cultural divide of the past thirty years; not coincidentally, it centers almost exclusively on the opinions, values and resentments of Baby Boomers, in relation to those of other Baby Boomers. The rest of us were mere spectators.

The duration of Clinton's two terms was a period during which the far-Right sated its appetite for pandering to, fueling and masterminding the direction of a host of 'anti-elite' resentments. This masterminding of direction was accomplished not only in the service of galvanizing political support, but in making loads of money. Rush Limbaugh's barely occluded racism, anti-semitism and general bigotry were pilfered from Father Coughlin's bag o' tricks. But what's most shocking of all is the amount of money the fat douche has been able to make by yelling into a microphone at millions of other fat douches.*

William Jefferson Clinton was the perfect focal point for this good-old-boy outrage, in no small part because he already in fact was an outrageous figure, every bit as invested in dusting off and utilizing the codes, metaphors and assumptions of the 1960's culture wars as was Limbaugh. Clinton practiced the politics of division every bit as shrewdly as Karl Rove would do subsequently, especially when he managed to assemble the coalition that handed George W. Bush the second term that he unquestionably didn't deserve. Clinton knew how to rally his coalition to his side; he knew how to draw people in. His travails became ours.

Enter many of the tropes, habits and labels of contemporary campaigning in our heavily (basically: psychotically) mediated lives. Entertainment and news are difficult for the common man (of which there is one somewhere inside all of us, lest you think I'm being elitist [although, I guess I sort of am, but indulge me]) to distinguish from one another.

In Part I, we talked about a form of political theater that uses outrage as its jet fuel: taking umbrage. What a useful tool! We describe the media circus between the Clinton Administration and the Right in terms of lobbing accusations and insults back and forth. But the culture wars wouldn't have gotten under our skin were it simply about slamming the other guy. In contradistinction to the NBA, playing offense is itself not a good enough spectacle. I mean, attacks are exciting, but as they escalate, they become increasingly unmemorable. They blend together. After all, as outrageous as they might be, they're still just words. And if you're going to have a war of words, you may as well have it over policy issues, because words are going to bore people anyway. And debating policy issues is no good for national politics; it turns too many people off.

So it's not about offense but defense. The culture wars of the 1990's got under our skin because we identified with the participants. We took sides. We were divided up into two teams. We lived vicariously through personalities. Bill Clinton was a stand-in for you. He was on your side, advocating for you; honoring your memory and experience, and your belief in the unwavering moral imperatives that your experience taught you to hold dear. On the Right, there were a succession of demagogic good-old-boys to identify with, including politicians like Newt Gingrich and proliferating numbers of ideological profiteers who took a cue from Rush, and began yelling their outrage into microphones for some fast cash.

We observed in Part I that President-elect Barack Obama has a tremendous knack for staring-down and -- in effect -- minimizing ludicrous character attacks. This has the further effect of making the person who utters the attacks look like he is about two feet tall. It's an exhilarating part of Obama's appeal -- and one for which the Zeitgeist could not be more receptive -- that he is an adult. I would add that it is by striking this chord of responsible, intelligent (even cerebral), savvy and -- let's face it -- exceedingly cool adult-ness that Obama stands to unite the country. United in the very real sense that a majority of the country (by a mind-bendingly substantial margin) wants a leader with these very qualities.

I know what you're thinking. What's all this hippie bullshit about 'uniting the country'? You don't actually believe that stuff, do you? The answer is that I do believe it, but maybe not in the way that triggered your incredulity mechanism. What I mean is that when Obama speaks in a language that addresses rhetorically the entire nation, he is in effect -- and to precisely the extent to which his rhetoric is successful at performing this feat of unification -- uniting the country.

By contrast, Bill Clinton and George W. Bush -- both of them Baby Boomers -- were culture warriors, each of whom therefore (by definition) thrived on a rhetorical model that to a lesser or greater extent, pitted one population against another. It's possible that there'd have been no other way in which a Baby Boomer could govern (or, perhaps: no other way in which a Baby Boomer Democrat could govern and/or win an election). It's even more certain that both men are products of their time: that there's something about their personalities, certain (and contrasting) forms of Doublespeak, certain (and contrasting) forms of smugness that are in part generational timestamps. I guess the word would be immaturity.

Both Clinton and Bush are juvenile figures in exactly the sense that Obama is an adult figure. As we've discussed, as a candidate, Obama stared down the sophomoric slime-balling, whisper campaigns, race-baiting and neo-McCarthyist tactics of the McCain/Palin campaign, making their attacks them look like puny spit-balls, thrown by tiny, desperate and mediocre men. Which is exactly what they were. Both Bush and especially Clinton had talent for doing precisely the opposite: taking small problems and made them big. Each constituency identified with 'his struggle' because each constituency identified with its guy and what he 'stood for'.

Each president's constituency was united more or less by the common experience of having lived through the late 60's/early 70's cultural-political climate; a climate that was mediated in an unprecedented way and to an unprecedented extent. And that period of skyrocketing media- and advertising-saturation was distinguished by -- as much as anything else -- the magnification/amplification of small, inconsequential, abstruse and even fictitious phenomena. And, to an unprecedented extent, instantaneously! This was the period of Bush's and Clinton's halcyon youth. These phenomena are what the culture wars are all about: fashion, lifestyle, taste.

By the way, I'm not saying that this historical fact is good or bad; I'm just drawing our attention to it. I mean, an inarguable example of this explosion of commercial media is also something that is unarguably good: The Beatles, for instance. Its sudden popularity and huge influence hinged entirely on some hype and one appearance on one television show.

Media have changed. We docile consumers have too. Can you even imagine a 2008-equivalent to a phenomenon like The Beatles? Although, I suppose it was equally unimaginable in the early 1960's.

Obama grew up at a time during which people had already become acclimated to television and radio. He is a member of the post-Baby Boomer generations, in which all of us are, to a lesser or greater degree, habitually savvy media critics. Watch video footage some time of Tricky Dick Nixon. It's not -- I don't think -- merely the benefit of hindsight that makes him such an obvious phony. It's that we know instinctively how to read media; we're equipped with conceptual tools and interpretive devices that simply could not have been available to the vast majority of Boomers. Is it any surprise that so many people from that generation and older fell for George W. Bush's ludicrous I'm-from-Texas routine? Or that slime ball neocons were able to manufacture a groundswell of support for the Iraq War out of a combination of half-truths, Doublespeak, fear tactics and 'patriotism' talk?

Among all of the voters who participated in the presidential election of 2008, the only so-called demographic of which a majority supported John McCain was white people over the age of 65. The generations that fall under that heading are going to hold on tight and continue voting for the duration of old age. They're likely to become really really old, too. They have most of the money, they have huge numbers, and they represent myriad special interests to which elected leaders will continue to be beholden. Try as they might, they probably don't have the best interest of younger generations in mind.

The way to curtail their power is to continue making progress on what was started with the Obama's electoral and popular majority. How much do you want to bet that the divide will over time cease to be cultural and will become generational. That means that if we're smart, we can continue electing candidates cut from the same cloth as Obama. Candidates that resist and even condemn demagogy, that speak plainly, practically and in a manner that respects the electorate.

If the Republicans continue confining themselves to the backward, resentful, provincial niche they have carved out for themselves, the Democrats have a real opportunity for continued dominance. Now that we've seen that it can work, the new Democratic coalition can only become stronger. If the Republicans wise up and drop their weirdo social conservatism/pro-racism platform, it might save their party, but it would do so in a way that -- we can hope -- has a chance of pulling the country back from the dangerous precipice upon which it currently finds itself perched.

If voters continue to send a message that they won't fall for totalitarian, neo-McCarthyist, fear-mongering shenanigans, then politicians will respond by getting in line. We need to keep demanding that the Constitution be respected and not distorted, that the Bill of Rights is not negotiable in times of 'war', that we won't stand for declarations of war against vaguely defined enemies, with no discernible objectives. In other words, if younger generations hold firm to their media literacy, the message it sends to politicians is clear: don't fuck with us, Old Man. Don't fuck with our rights.

(Heh heh heh.... I think I just had to get that out of my system. Which is, after all, the point of having a blog.....Don't mind me....)


_______________

* For the benefit of readers uninitiated to urban slang: the term "douche" is here used as an abbreviation for "douche-bag."

Friday, November 14, 2008

Filmaker Eugene Jarecki, author of The American Way of War: Tavis Smiley interview

Tavis Smiley interview with filmmaker Eugene Jarecki, who directed, among other things, The Trials of Henry Kissinger.

Jarecki's book, titled The American Way of War: Guided Missiles, Misguided Men, and a Republic in Peril, is a historical account of the United States military establishment, its accumulation of political and economic influence in the wake of World War II, and its relation to American foreign policy adventures, the drastically increased power of the Executive Branch and the curtailing of the civil liberties of American citizens.

I have no idea whether or not the book is any good, and it's not that Jarecki is necessarily the most articulate person in the world. What I like is that he is straightforward and unpretentious, and he describes clearly and succinctly the problems and and possible solutions. I believe that the possibility of political change emerging from a bottom-up movement hinges on whether or not you can explain to your aunt what's at stake in two short sentences. Jarecki speaks in a way that your aunt can understand (and yes, I'm bored out of my mind at work):

Tavis: And what I mean to get to is this -- we were talking about the Bush doctrine a moment ago; this whole notion of we strike first if we think you are going to do something to us -- we'll ask questions later on. There hasn't been, to my mind, at least, a whole lot of criticism of that. He got pretty much what he wanted from this Democratic Congress, so I've not seen -- there have not been hearings.

For all the complaining about George W. Bush and he's got to go and eight years is enough, there's not been a lot of talk, as you know, about this Bush doctrine and whether it's wrong for America. And the reason why that concerns me is because no president ever -- I can't think of a single president who wants to give back executive power.

If one executive grabs a hold to it, the next one surely is going to hold on to it. You see where I'm going with this?

Jarecki: You're asking an extremely important question, and I'll say for the record that my book looks at what the Bush administration did in a historical context. So to some extent, when you read the book, it's not a Bush-bashing book; it's a book that really says here's the Iraq war, and in fact a lot of it is new that happened but a lot of it is not so new.

Some of it is an extension of things that came before; a slippery slope that sort of started around World War II and has led us on this path to sort of permanent war making, the way we're finding ourselves. But at the same time, I have to say that the reforms that I seek, and the book talks about some of the reforms that I think are crucial, none of them can happen unless the Bush administration is held accountable for the crimes and wrongdoings and errors of the past eight years, and it is a moral failure in America that not more people are talking about that.

It's a moral failure that the church and that the general clerical community is not talking about it, and it's an obvious failure of Washington that Washington has so lost its moral compass that these kind of transgressions can happen, from torture to a misbegotten war, to people dying, people getting maimed, and we're sitting here not having those national conversations.

Tavis: So how do you scale back, then, from the creep that the Bush administration has essentially gotten away with, this notion of the Bush doctrine? If one president can get away with this -- we hit you first, we ask questions later -- why, with all due respect to Obama, why couldn't Obama or anybody after Obama -- again, nobody wants to give that up. So how do you reel that back in, is my question?

Jarecki: Sure. Well, I think it comes from --

Tavis: Can you put the genie back in the bottle?

Jarecki: I think you can, and it comes from you and me. And revolutions throughout history have put genies back in bottles. It would have seemed impossible to tell the colonists of America that they would triumph over the British empire and put that genie back in that bottle. It would have seemed impossible to tell the black South Africans that they would triumph over a system of apartheid; put that genie back in the bottle.

So the fact is this can be done, but it's never done, as you point out very astutely -- it's never done from the executive down. Change is not trickle-down; change is trickle-up. ...


Read the transcript or watch video.

I have like three or four posts of substance that are in progress. So, soon there'll be something more interesting upon which to feast your eyes.