Garance Franke-Ruta

Garance Franke-Ruta is a senior editor covering national politics at The Atlantic. More

She was previously national web politics editor at The Washington Post, and has also worked at The American Prospect, The Washington City Paper, The New Republic and National Journal magazines. At The Prospect she won the 2007 Hillman Prize awarded to its group blog, "Tapped."

In 2006, she was fellow at the Joan Shorenstein Center on the Press, Politics and Public Policy at the Harvard Kennedy School in Cambridge, Mass., and in 2007, a summer fellow with The Iowa Independent, based in Des Moines, Iowa.

Garance has lectured at the Kennedy School, the Harvard Art Museums, Williams College, Wellesley College, Brandeis and Georgetown Universities, and taught in Georgetown's Master of Professional Studies in Journalism program. She also has made numerous appearances on national and regional television and radio programs.

Born in the South of France, Garance grew up in San Cristobal de las Casas in Chiapas, Mexico; New York City, New York; and Santa Fe, New Mexico. She has resided in Washington, D.C., since graduating from Harvard in 1997.

Filtered by blog articles (Clear filter)

Obama's Domestic Drone Standard Is Now Tighter Than Rand Paul's

obama.ndu.banner.reuters.jpg
Reuters

President Obama's speech at the National Defense University Thursday offered a nuanced defense of the U.S. drone program against Islamic militants in hard-to-reach areas of the world as the best of a bad set of military options for fighting those who want to kill American civilians. The drone program costs fewer American military and foreign civilian lives than would use of more conventional weapons or strategies, the president said, but still should only be used when the "detention and prosecution of terrorists" is "foreclosed" as an approach.

The president also laid out what the standard should be for domestic use of armed but unmanned aerial vehicles: They should not be used.

"For the record, I do not believe it would be constitutional for the government to target and kill any U.S. citizen -- with a drone, or a shotgun -- without due process," Obama said. "Nor should any president deploy armed drones over U.S. soil."

Let me repeat the second part of that quote, since this has been such a controversial and much-discussed topic: "Nor should any president deploy armed drones over U.S. soil."

That's the standard. No armed drones over U.S. soil.

Obama's justification for the use of drones overseas involved an array of circumstances, but significant among the factors he listed were the geographic and geopolitical challenges in using conventional force in "remote tribal regions," "caves and walled compounds," and "empty deserts and rugged mountains" where "the state has only the most tenuous reach" and the presence of conventional or special forces could trigger "a firefight with surrounding tribal communities that pose no threat to us" or "a major international crisis."

None of that describes the United States.

Obama's articulated standard for the domestic use of armed drones -- no president should use them -- is tougher than the one the president's Republican critics in the U.S. Senate had been demanding.

Sen. Ted Cruz of Texas has suggested an imminent threat standard for the domestic use of armed drones, saying in March, "It is unequivocal that if the U.S. government were to use a drone to take the life of a U.S. citizen on U.S. soil and that individual did not pose an imminent threat that would be a deprivation of life without due process."

Sen. Rand Paul of Kentucky, who in March held a nearly 13-hour filibuster of John Brennan's nomination to be CIA director over the domestic drone-deployment question, endorsed a similar imminent threat standard in remarks in April.

"I've never argued against any technology being used when you have an imminent threat, an active crime going on. If someone comes out of a liquor store with a weapon and fifty dollars in cash, I don't care if a drone kills him or a policeman kills him," Paul told Fox Business's Neil Cavuto.

"If there's a killer on the loose in a neighborhood, I'm not against drones being used," he added.

A number of Paul critics called those remarks a flip-flop from what he'd said during his filibuster: "[N]o American should be killed by a drone on American soil without first being charged with a crime, without first being found to be guilty by a court."

Paul's office objected that picking that one quote out of his hours of remarks during the filibuster overlooked his earlier articulation of the imminent threat standard. "Armed drones should not be used in normal crime situations," Paul said in a statement. "They only may only be considered in extraordinary, lethal situations where there is an ongoing, imminent threat. I described that scenario previously during my Senate filibuster."

And, in fact, Paul did make that point clear, saying in March that he made an exception in his objection to using armed drones domestically for "someone with a bazooka, a grenade launcher on their shoulder. Anyone committing lethal force can be repelled with lethal force. No one argues that point.... No one is questioning whether the U.S. can repel an attack. No one is questioning whether your local police can repel an attack."

But President Obama just did: If no armed drones are to be used over U.S. soil, they certainly are not going to be used by a local police force against someone with a bazooka who could, presumably, be taken out by a sniper, a S.W.A.T. team, or some other domestic law enforcement approach using conventional weapons.

Today's presidential statement should but likely will not lay to rest the lingering controversy started by Paul in response to a hypothetical scenario laid out by Attorney General Eric Holder in a March response to a February query from Paul.

"The U.S. government has not carried out drone strikes in the United States and has no intention of doing so," Holder wrote to Paul on March 4. "As a policy matter, moreover, we reject the use of military force where well-established law-enforcement authorities in this country provide the best means for incapacitating a terrorist threat."

If there were some "extraordinary circumstance" on the level of the attack on Pearl Harbor or Sept. 11, Holder wrote, drones might be considered as part of a broader authorization for the use of military force domestically. But, he said, such a scenario was "entirely hypothetical." Holder further clarified the point in second letter to Paul on March 7, following Paul's filibuster. "It has come to my attention that you have now asked an additional question: 'Does the President have the authority to use a weaponized drone to kill an American not engaged in combat on American soil?' " Holder wrote. "The answer to that question is no."

Before Paul's filibuster, Holder rejected the use of drones, a form of military force, when domestic law enforcement could do the job. Obama made that standard even clearer today.

* * *

Obama's full remarks, as prepared for delivery, from the drones section of his speech:

[D]espite our strong preference for the detention and prosecution of terrorists, sometimes this approach is foreclosed. Al Qaeda and its affiliates try to gain a foothold in some of the most distant and unforgiving places on Earth. They take refuge in remote tribal regions. They hide in caves and walled compounds. They train in empty deserts and rugged mountains.

In some of these places - such as parts of Somalia and Yemen - the state has only the most tenuous reach into the territory. In other cases, the state lacks the capacity or will to take action. It is also not possible for America to simply deploy a team of Special Forces to capture every terrorist. And even when such an approach may be possible, there are places where it would pose profound risks to our troops and local civilians - where a terrorist compound cannot be breached without triggering a firefight with surrounding tribal communities that pose no threat to us, or when putting U.S. boots on the ground may trigger a major international crisis.

To put it another way, our operation in Pakistan against Osama bin Laden cannot be the norm. The risks in that case were immense; the likelihood of capture, although our preference, was remote given the certainty of resistance; the fact that we did not find ourselves confronted with civilian casualties, or embroiled in an extended firefight, was a testament to the meticulous planning and professionalism of our Special Forces - but also depended on some luck. And even then, the cost to our relationship with Pakistan - and the backlash among the Pakistani public over encroachment on their territory - was so severe that we are just now beginning to rebuild this important partnership.

It is in this context that the United States has taken lethal, targeted action against al Qaeda and its associated forces, including with remotely piloted aircraft commonly referred to as drones. As was true in previous armed conflicts, this new technology raises profound questions - about who is targeted, and why; about civilian casualties, and the risk of creating new enemies; about the legality of such strikes under U.S. and international law; about accountability and morality.

Let me address these questions. To begin with, our actions are effective. Don't take my word for it. In the intelligence gathered at bin Laden's compound, we found that he wrote, "we could lose the reserves to the enemy's air strikes. We cannot fight air strikes with explosives." Other communications from al Qaeda operatives confirm this as well. Dozens of highly skilled al Qaeda commanders, trainers, bomb makers, and operatives have been taken off the battlefield. Plots have been disrupted that would have targeted international aviation, U.S. transit systems, European cities and our troops in Afghanistan. Simply put, these strikes have saved lives.

Moreover, America's actions are legal. We were attacked on 9/11. Within a week, Congress overwhelmingly authorized the use of force. Under domestic law, and international law, the United States is at war with al Qaeda, the Taliban, and their associated forces. We are at war with an organization that right now would kill as many Americans as they could if we did not stop them first. So this is a just war - a war waged proportionally, in last resort, and in self-defense.

And yet as our fight enters a new phase, America's legitimate claim of self-defense cannot be the end of the discussion. To say a military tactic is legal, or even effective, is not to say it is wise or moral in every instance. For the same human progress that gives us the technology to strike half a world away also demands the discipline to constrain that power - or risk abusing it. That's why, over the last four years, my Administration has worked vigorously to establish a framework that governs our use of force against terrorists - insisting upon clear guidelines, oversight and accountability that is now codified in Presidential Policy Guidance that I signed yesterday.

In the Afghan war theater, we must support our troops until the transition is complete at the end of 2014. That means we will continue to take strikes against high value al Qaeda targets, but also against forces that are massing to support attacks on coalition forces. However, by the end of 2014, we will no longer have the same need for force protection, and the progress we have made against core al Qaeda will reduce the need for unmanned strikes.

Beyond the Afghan theater, we only target al Qaeda and its associated forces. Even then, the use of drones is heavily constrained. America does not take strikes when we have the ability to capture individual terrorists - our preference is always to detain, interrogate, and prosecute them. America cannot take strikes wherever we choose - our actions are bound by consultations with partners, and respect for state sovereignty. America does not take strikes to punish individuals - we act against terrorists who pose a continuing and imminent threat to the American people, and when there are no other governments capable of effectively addressing the threat. And before any strike is taken, there must be near-certainty that no civilians will be killed or injured - the highest standard we can set.

This last point is critical, because much of the criticism about drone strikes - at home and abroad - understandably centers on reports of civilian casualties. There is a wide gap between U.S. assessments of such casualties, and non-governmental reports. Nevertheless, it is a hard fact that U.S. strikes have resulted in civilian casualties, a risk that exists in all wars. For the families of those civilians, no words or legal construct can justify their loss. For me, and those in my chain of command, these deaths will haunt us as long as we live, just as we are haunted by the civilian casualties that have occurred through conventional fighting in Afghanistan and Iraq.

But as Commander-in-Chief, I must weigh these heartbreaking tragedies against the alternatives. To do nothing in the face of terrorist networks would invite far more civilian casualties - not just in our cities at home and facilities abroad, but also in the very places -like Sana'a and Kabul and Mogadishu - where terrorists seek a foothold. Let us remember that the terrorists we are after target civilians, and the death toll from their acts of terrorism against Muslims dwarfs any estimate of civilian casualties from drone strikes.

Where foreign governments cannot or will not effectively stop terrorism in their territory, the primary alternative to targeted, lethal action is the use of conventional military options. As I've said, even small Special Operations carry enormous risks. Conventional airpower or missiles are far less precise than drones, and likely to cause more civilian casualties and local outrage. And invasions of these territories lead us to be viewed as occupying armies; unleash a torrent of unintended consequences; are difficult to contain; and ultimately empower those who thrive on violent conflict. So it is false to assert that putting boots on the ground is less likely to result in civilian deaths, or to create enemies in the Muslim world. The result would be more U.S. deaths, more Blackhawks down, more confrontations with local populations, and an inevitable mission creep in support of such raids that could easily escalate into new wars.

So yes, the conflict with al Qaeda, like all armed conflict, invites tragedy. But by narrowly targeting our action against those who want to kill us, and not the people they hide among, we are choosing the course of action least likely to result in the loss of innocent life. Indeed, our efforts must also be measured against the history of putting American troops in distant lands among hostile populations. In Vietnam, hundreds of thousands of civilians died in a war where the boundaries of battle were blurred. In Iraq and Afghanistan, despite the courage and discipline of our troops, thousands of civilians have been killed. So neither conventional military action, nor waiting for attacks to occur, offers moral safe-harbor. Neither does a sole reliance on law enforcement in territories that have no functioning police or security services - and indeed, have no functioning law.

This is not to say that the risks are not real. Any U.S. military action in foreign lands risks creating more enemies, and impacts public opinion overseas. Our laws constrain the power of the President, even during wartime, and I have taken an oath to defend the Constitution of the United States. The very precision of drones strikes, and the necessary secrecy involved in such actions can end up shielding our government from the public scrutiny that a troop deployment invites. It can also lead a President and his team to view drone strikes as a cure-all for terrorism.

For this reason, I've insisted on strong oversight of all lethal action. After I took office, my Administration began briefing all strikes outside of Iraq and Afghanistan to the appropriate committees of Congress. Let me repeat that - not only did Congress authorize the use of force, it is briefed on every strike that America takes. That includes the one instance when we targeted an American citizen: Anwar Awlaki, the chief of external operations for AQAP.

This week, I authorized the declassification of this action, and the deaths of three other Americans in drone strikes, to facilitate transparency and debate on this issue, and to dismiss some of the more outlandish claims. For the record, I do not believe it would be constitutional for the government to target and kill any U.S. citizen - with a drone, or a shotgun - without due process. Nor should any President deploy armed drones over U.S. soil.

But when a U.S. citizen goes abroad to wage war against America - and is actively plotting to kill U.S. citizens; and when neither the United States, nor our partners are in a position to capture him before he carries out a plot - his citizenship should no more serve as a shield than a sniper shooting down on an innocent crowd should be protected from a swat team.

That's who Anwar Awlaki was - he was continuously trying to kill people. He helped oversee the 2010 plot to detonate explosive devices on two U.S. bound cargo planes. He was involved in planning to blow up an airliner in 2009. When Farouk Abdulmutallab - the Christmas Day bomber - went to Yemen in 2009, Awlaki hosted him, approved his suicide operation, and helped him tape a martyrdom video to be shown after the attack. His last instructions were to blow up the airplane when it was over American soil. I would have detained and prosecuted Awlaki if we captured him before he carried out a plot. But we couldn't. And as President, I would have been derelict in my duty had I not authorized the strike that took out Awlaki.

Of course, the targeting of any Americans raises constitutional issues that are not present in other strikes - which is why my Administration submitted information about Awlaki to the Department of Justice months before Awlaki was killed, and briefed the Congress before this strike as well. But the high threshold that we have set for taking lethal action applies to all potential terrorist targets, regardless of whether or not they are American citizens. This threshold respects the inherent dignity of every human life. Alongside the decision to put our men and women in uniform in harm's way, the decision to use force against individuals or groups - even against a sworn enemy of the United States - is the hardest thing I do as President. But these decisions must be made, given my responsibility to protect the American people.

Going forward, I have asked my Administration to review proposals to extend oversight of lethal actions outside of warzones that go beyond our reporting to Congress. Each option has virtues in theory, but poses difficulties in practice. For example, the establishment of a special court to evaluate and authorize lethal action has the benefit of bringing a third branch of government into the process, but raises serious constitutional issues about presidential and judicial authority. Another idea that's been suggested - the establishment of an independent oversight board in the executive branch - avoids those problems, but may introduce a layer of bureaucracy into national-security decision-making, without inspiring additional public confidence in the process. Despite these challenges, I look forward to actively engaging Congress to explore these - and other - options for increased oversight.

I believe, however, that the use of force must be seen as part of a larger discussion about a comprehensive counter-terrorism strategy. Because for all the focus on the use of force, force alone cannot make us safe. We cannot use force everywhere that a radical ideology takes root; and in the absence of a strategy that reduces the well-spring of extremism, a perpetual war - through drones or Special Forces or troop deployments - will prove self-defeating, and alter our country in troubling ways.

If a Senate Candidate Chops a Watermelon with an Ax in the Woods, Does It Make a Sound?

E. W. Jackson was selected over the weekend as the lieutenant gubernatorial candidate of the Republican Party of Virginia. A Christian minister, he ran unsuccessfully for the U.S. Senate in 2012 and has a history of making inflammatory statements. He also, apparently, has a history of making epically bad campaign ads, like the one above. From the uneven sound mixing to the aural special effects to the painted ax to the, well, splitting of watermelons in the drab dry of the off-season Virginia woods, this ad would have been an instant classic if anyone had cared about Jackson's senate run.

Instead, he lost his primary bid with less than 5 percent of the vote, placing fourth of four candidates. Now he'll be on the statewide ballot as Republican Ken Cuccinelli's running-mate -- well-positioned to become Virginia's No. 2, if he can avoid dragging down the ticket.

(h/t @badler)

Beyond Rosen and the AP: Who Else Has the DoJ Put Under Surveillance?

phones.banner.reuters.jpg
Reuters
In light of the revelations about the Department of Justice's broad search of Associated Press phone records and Sunday's Washington Post piece revealing new details about DoJ surveillance of Fox News's James Rosen during its 2010 investigation into a State Department official suspected of leaking the reporter classified information about North Korea, there's an old Washington Post piece from 2010 that's worth turning back to.

In an August 2010 report on the indictment of Stephen Jin-Woo Kim on charges of "disclosing national defense information in June 2009 to a national news organization, believed to be Fox News," several other reporters were mentioned in relation to the DoJ leak investigations, in addition to Rosen.

"Since December, prosecutors have indicted Thomas A. Drake, a National Security Agency official, with improperly handling classified information with a Baltimore Sun reporter" and "secured a guilty plea from Shamai Kedem Leibowitz, a former FBI contract linguist, for leaking documents to a blogger."

The Drake indictment describes the Sun reporter as reporter A and talks about her email account and computer:

"Reporter A," a person known to the Grand Jury, was employed by a national newspaper and wrote newspaper articles about the NSA and its intelligence activities, including SIGfNT programs. The United States had never authorized Reporter A to receive classified information, and Reporter A did not have a United States government security clearance. Moreover, at no time did the United States ever authorize Reporter A to possess classified documents or information on a personal computer or in a personal e-mail account.
Reporter A was subsequently identified as Siobhan Gorman, now with the Wall Street Journal. Most of the Drake case charges came to nothing in the end and Drake in 2011 "accepted a plea deal from the government...that drops the charges in his indictment, absolves him of mishandling classified information and calls for no prison time."

Leibowitz pled guilty in 2009 to providing classified material to "the host of a public blog available to anyone with access to the Internet," according to the DoJ. The blogger in his case was later identified as Richard Silverstein, who wrote the liberal Tikun Olam blog.

In addition to these two and Rosen -- who was not named by the government but by the Post in both its 2010 and 2013 stories -- there was a fourth outlet named in that 2010 roundup: "Army Pfc. Bradley E. Manning" was "suspected of giving a classified video of a U.S. military helicopter firing at civilians in Baghdad to the WikiLeaks.org site," as well as other information.

If you've been following the WikiLeaks/Julian Assange saga, you know how that ended up.

Manning's trial is scheduled to begin in June.

The IRS's Bizarre Parsing of the Word 'Targeted'

shulman.irs.banner.cns.jpgIn March 22, 2012, then-IRS Commissioner Douglas Shulman testified before a House Ways & Means subcommittee that there was no targeting of Tea Party groups for special scrutiny by the agency.

"We've seen some recent press allegations that the IRS is targeting certain Tea Party groups across the country -- requesting owners' documents requests, delaying approval for tax-exempt status and that kind of thing," Rep. Charles Boustany of Louisiana observed during the Q&A portion of the hearing. "Can you elaborate on what's going on with that? Can you give us assurances that the IRS is not targeting particular groups based on political leanings?"

Shulman's answer is worth considering at length, because it helps explain what otherwise seems a mystifying denial. It's all about the culture of the IRS and what its more general approach to people is. His reply:

Thanks for bringing this up because I think there's been a lot of press about this and a lot of moving information, so I appreciate the opportunity to clarify. First, let me start by saying, yes, I can give you assurances. As you know, we pride ourselves on being a non-political, non-partisan organization. I am the only -- me and our chief counsel -- are the only presidential appointees, and I have a five-year term that runs through presidential elections, just so we will have none of that kind of political intervention in things that we do.

For 501 (c)(4) organizations, which is what's been in the press, organizations do not need to apply for tax exemption. Organizations can actually hold themselves out as 501 (c)(4) organizations and then file a 990 with us.

The organizations that have been in the press are all ones that are in the application process.

First of all, I think it's very important to emphasize that all of these organizations came in voluntarily.

They did not need to engage the IRS in a back-and-forth.

They could have held themselves out, filed a 990, and if we had seen an issue, we would have engaged but otherwise we wouldn't....

And so what's been happening has been the normal back-and-forth that happens with the IRS. None of the alleged taxpayers and obviously I can't talk about individual taxpayers and I'm not involved in these -- are in an examination process.

They're in an application process which they moved into voluntarily.

There is absolutely no targeting.


In short, according to the IRS, if you're minding your own business and the agency decides to go after you or your group about your taxes -- for an examination or an audit -- you've been targeted. But if you apply for your group to be a tax-exempt one and your application gets sat on for more than a year or you receive a flurry of excessive and/or illegal information requests, that's not targeting. That's what former acting IRS commissioner Steve Miller, speaking at a new Ways & Means hearing, on Friday called "horrible customer service."

To a layperson, the semantic parsing over whether the Tea Party-type groups were targeted or not seems astonishing. Republican Rep. Tom Reed, a self-described "country lawyer from upstate New York," said the burgeoning scandal should be called "IRS Targeting-gate."

But if you look closely at Shulman's answer, it's clear that from an inside-the-agency perspective, it's hard to conceive of the tiny part of the massive national organization that involves review of voluntary requests for evaluation performing a targeted intervention, since the IRS does not require the groups to file such requests, and did not ask them to do it.

Such a way of defining targeting doesn't make any sense from a lay perspective -- but Shulman's more than year-old answer reveals a lot about the IRS perspective on the world and the agency's general level of power.

Fauna: This Is Not an Indoor Cat

More »

There Was No Surge in IRS Tax-Exempt Applications in 2010

Screen Shot 2013-05-17 at 12.46.35 PM.png
Treasury Inspector General for Tax Administration
A number of people have sought to explain the IRS targeting of Tea Party, patriot, and 9/12 group applications -- as well as those from other conservative groups -- for "specialist team" treatment (mainly delays and excessive and inappropriate questions) in 2010 by pointing to the Citizens United decision that year allowing for unlimited, undisclosed fundraising by such groups. That's the explanation IRS official Lois Lerner gave a week ago when she first revealed that the agency had improperly handled a slew of applications -- the political shorthand was a mistaken attempt to deal with a surge in applications.

"[W]e saw a big increase in these kind of applications, many of which indicated that they were going to be involved in advocacy work," Lerner said.

But Todd Young, a Republican congressman from Indiana, pointed out at Friday's House Ways and Means Committee hearing with former acting IRS commissioner Steve Miller and Treasury Inspector General J. Russell George that this was not the case, according to the very data the IRS provided to the Treasury IG's office. 

There were, he noted, actually fewer applications for tax-exempt status by groups seeking to be recognized as social-welfare organizations that year than the previous one, according to this IRS data. The real surge in applications did not come until 2012 -- the year the IRS stopped the practice of treating the Tea Party class of groups differently from others.

All of which raises, once again, the question financial journalist David Cay Johnson asked in a column today: "Why is Lois G. Lerner still on the taxpayer's payroll?"

NB: The Chronicle of Philanthropy was on this story two days ago.

Remember When Andrew Joseph Stack Flew a Plane Into a Texas IRS Building?

teapartyconvention.banner.reuters.jpg
National Tea Party Convention at Gaylord Opryland Hotel in Nashville, Tennessee February 6, 2010
 
"What kicked off the Internal Revenue Service's targeting of Tea Party groups?"

Sean Higgins of the Washington Examiner raises an interesting question. "The Treasury Department's Inspector General apparently knows but the rest of us cannot. His report on the scandal includes three timelines of events, but in each case, the first item in the timeline has been redacted."

"The mystery date was apparently February 25, 2010," he concludes from reading the reports. "...The reference to February in both appendixes indicates something particularly noteworthy happened then in the evolution of the IRS's policy. What was it?"

On the theory that media reports might have been involved (since the agency says media reports led to the end of the special scrutiny of Tea Party and other conservative groups in February 2012), I went back and read through some of the national newspaper coverage on the Tea Party groups in mid-to-late February of 2010.

There was a big David Barstow piece in the New York Times on Feb. 12, 2010, examining the political aspirations of Tea Party and other groups: "Tea Party Lights Fuse for Rebellion on Right." Within the first five paragraphs, it mentions the Tea Party, the Sandpoint Tea Party Patriots, Friends for Liberty, Glenn Beck's 9/12 Project, the John Birch Society, and Oath Keepers, described as "a new player in a resurgent militia movement." As the Times described it:

The Tea Party movement has become a platform for conservative populist discontent, a force in Republican politics for revival, as it was in the Massachusetts Senate election, or for division. But it is also about the profound private transformation of people like Mrs. Stout, people who not long ago were not especially interested in politics, yet now say they are bracing for tyranny.

These people are part of a significant undercurrent within the Tea Party movement that has less in common with the Republican Party than with the Patriot movement, a brand of politics historically associated with libertarians, militia groups, anti-immigration advocates and those who argue for the abolition of the Federal Reserve.

Urged on by conservative commentators, waves of newly minted activists are turning to once-obscure books and Web sites and discovering a set of ideas long dismissed as the preserve of conspiracy theorists, interviews conducted across the country over several months show. In this view, Mr. Obama and many of his predecessors (including George W. Bush) have deliberately undermined the Constitution and free enterprise for the benefit of a shadowy international network of wealthy elites.

Loose alliances like Friends for Liberty are popping up in many cities, forming hybrid entities of Tea Parties and groups rooted in the Patriot ethos. These coalitions are not content with simply making the Republican Party more conservative. They have a larger goal -- a political reordering that would drastically shrink the federal government and sweep away not just Mr. Obama, but much of the Republican establishment, starting with Senator John McCain....

The ebbs and flows of the Tea Party ferment are hardly uniform. It is an amorphous, factionalized uprising with no clear leadership and no centralized structure. Not everyone flocking to the Tea Party movement is worried about dictatorship. Some have a basic aversion to big government, or Mr. Obama, or progressives in general. What's more, some Tea Party groups are essentially appendages of the local Republican Party. (emphasis added)

It's a really long and interesting piece, and worth a read as a reminder of what the Tea Party movement looked like earlier in its development, when it was a more fiery force.

What else happened in February 2010? The first National Tea Party Convention in Nashville, Tenn., featuring a major speech by Sarah Palin, the former Republican vice-presidential nominee. The New York Times lede on that story, published on Feb. 6: "As Sarah Palin left the stage at the inaugural National Tea Party Convention here Saturday night, the crowd erupted into chants of 'Run Sarah Run!'" The headline? "Palin Assails Obama at Tea Party Meeting." More suggestions of active electoral political activity.

And then this caught my eye.

On February 23, 2010, Robert Wright, writing for the Times' Opinionator blog, looked at "The First Tea Party Terrorist?" His column on the Andrew Joseph Stack incident is chilling in retrospect and in light of the IRS's subsequent decision to begin sorting exemption applications for groups with "Tea Party, "Patriot" "9/12" and other conservative buzzwords in their names for referral to a specialist.

On February 18th, Stack had flown a small airplane into an IRS office in Austin, Texas, killing himself and IRS agent Vernon Hunter and injuring 13 on the ground. Stack left behind a six-page rant against the federal government and the IRS. His conclusion: "I saw it written once that the definition of insanity is repeating the same process over and over and expecting the outcome to suddenly be different. I am finally ready to stop this insanity. Well, Mr. Big Brother IRS man, let's try something different; take my pound of flesh and sleep well."

Readers took issue with Wright's description of Stack as a Tea Party type, leading to him to update the column to note: "When I said in this column that you could in principle follow my logic to conclude that Joseph Stack was a Tea Party terrorist, I should have added the explicit reminder that this logic depended on accepting the somewhat squishy definition of 'Tea Party' ideology that, I argue, is appropriate given the still-inchoate nature of the movement." Frank Rich later took issue with Wright (who, full disclosure, blogged for TheAtlantic.com in 2012), arguing that "Stack was a lone madman, and it would be both glib and inaccurate to call him a card-carrying Tea Partier or a 'Tea Party terrorist.'" But writers from other media outlets also piled on, according to a roundup published in the National Review Online, connecting Stack and the growing Tea Party and anti-government movement.

"After reading his 34-paragraph screed, I am struck by how his alienation is similar to that we're hearing from the extreme elements of the Tea Party movement," wrote Jonathan Capeheart of the Washington Post in a blog item. According to a piece on Fox News:

Joseph Stack, the 53-year-old software engineer who crashed his small plane into a seven-story office building in Austin, Texas, was part of a growing, violent anti-tax and anti-government movement that has become increasingly alarming to law enforcement agencies.

Stack, who torched his home Thursday morning before setting out on his suicide flight, was fueled by his hatred of the Internal Revenue Service, which had offices and employed nearly 200 workers in the building.

Stack was not a member of his local group, the Austin Tea Party Patriots, as its founders repeatedly tried to make clear in February 2010. 

We don't know what led the IRS to begin looking more closely at Tea Party groups and the conservative anti-government movement. But if you want to know how the Tea Party and the IRS and electoral politics were being discussed in February 2010, there's your answer.

This Is Why People Hate the Government

Screen Shot 2013-05-14 at 8.36.30 PM.png

The Treasury Inspector General report on the IRS mishandling of conservative advocacy group applications for tax exempt status between March 2010 and February 2012 was released Tuesday, and it is a doozy.

The report, conveniently titled "Inappropriate Criteria Were Used to Identify Tax-Exempt Applications for Review" -- in case you had any question as to its conclusions -- points the finger at "ineffective management" as the cause of the improper selection of groups using the words "Tea Party," "Patriot" and "9/12" for additional review and questioning.

The report fills in some important blanks in our knowledge about how the groups were selected and how their applications were managed. Most intriguing to me is the apparent case of this one guy in an office in Cincinnati who sat on the selected applications for 13 months because he or she was waiting for assistance from the Washington, D.C., office, which took forever to arrive. Talk about your bureaucratic cul-de-sacs!

Follow along with me. The report summary states that "Although the processing of some applications with potential significant political campaign intervention was started soon after receipt, no work was completed on the majority of these applications for 13 months. This was due to delays in receiving assistance from the Exempt Organizations function Headquarters office."

It wasn't until "[m]ore than 20 months after the initial case was identified" that "processing the cases began in earnest."

Let's look at that more closely. The report states that:

The Determinations Unit developed and used inappropriate criteria to identify applications from organizations with the words Tea Party in their names. These applications (hereafter referred to as potential political cases)(13) were forwarded to a team of specialists (14) for review. Subsequently, the Determinations Unit expanded the criteria to inappropriately include organizations with other specific names (Patriots and 9/12) or policy positions. While the criteria used by the Determinations Unit specified particular organization names, the team of specialists was also processing applications from groups with names other than those identified in the criteria.

The Determinations Unit is based in Cincinnati. Later, the report gets more specific about what happened to the tagged applications: "The team of specialists stopped working on potential political cases from October 2010 through November 2011, resulting in a 13-month delay, while they waited for assistance from the Technical Unit."

The Technical Unit was based out of the Exempt Organizations main office in Washington, according to the report.

This is where it gets into facepalm territory. Footnote 14 earlier tells us that this "team" of specialists that stopped working on potential cases was just one guy.

(14) Initially, the team consisted of one specialist, but it was expanded to several specialists in December 2011. The EO function referred to this team as the advocacy team.

So basically, according to the IG report, a substantial portion of the delay in processing the improperly selected cases came about because they were sent for review to a team consisting of one guy, who then had to wait more than a year for help on them from the main office.

And this, ladies and gentlemen, is why people hate the government.

***

You can read the full IG report online here.

Calm Down, People: Obama's Second Term Was Already in Tatters

disappointingobama.banner.reuters.jpg
Reuters

Are the AP snooping, Benghazi, and IRS scandals about to destroy Obama's second term? Not really—because hyperpartisanship in Washington had already stalled the president's agenda and put the 113th Congress on track to become another one of the young 21st century's already-legendary do-nothing bodies.

Most of what a president can accomplish takes place early in a term. But as Republican communications pros are fond of reminding reporters, Obama's second term was already off to a rocky start.

Gun control already failed.
The major reason the Toomey-Manchin bill to expand background checks failed was distrust of the federal government. That's not going to change. The IRS and AP scandals will no doubt worsen distrust of the federal government, especially in circles already prone to such sentiments and make it harder for members of Congress to withstand gun-lobby pressure. But the important thing to remember is that every major gun proposal before the Democrat-controlled U.S. Senate already failed at a time when the political winds were as favorable to such reforms as they have been in more than a decade. And none of those proposals ever had a shot in the U.S. House.

Budget negotiations already failed.
The sequester was supposed to be a budgetary approach so stupid no one would ever allow it to be implemented, and yet here we are, with the Pentagon planning to furlough 650,000 civilian workers and Head Start and other programs across the country slashing services or putting off planned innovations. Even in the wake of a decisive reelection and while riding a crest of positive national sentiment, the president was unable to come to a grand bargain on revenues and spending with Republican leaders, and so instead we have the sequester, and no sign that Congress is eager to revisit the issue or reverse it. Republican willingness to negotiate with the president was always low, and what remained at the end of his first term seemed to evaporate early in the new year—that is, well before the current scandals.

Obama's appointments were already stalled.
Some worry that the scandals now providing fuel for congressional investigations could weaken the president and embolden his enemies to such an extent that they will prevent his second-term Cabinet from being seated in a timely manner, or as the president might wish. But after the successful Republican opposition to the idea of a Susan Rice nomination to the State Department and the GOP's pre-scandal efforts to thwart or delay the seating of Thomas Perez as Labor Secretary and Gina McCarthy as EPA Administrator, it will be hard to tell the difference if that's the case. The appointments process under Obama has been broken since 2009.

As for the matter of whether the AP scandal will lead to calls for Eric Holder's head, it's worth recalling that the chairman of the Republican National Committee already called for him to resign in December 2011 over the Fast and Furious program, releasing a web ad accusing him of a "cover-up." There may be more calls, but they won't be the first ones.

The implementation of Obamacare was already going to be complicated and rocky.
The period in which a massive new law is implemented is always full of kinks. That was going to be the case no matter what. The one thing that might potentially change in the wake of the IRS scandal is the willingness of Republicans to increase funding for the taxing agency, so that it can oversee the implementation of the tax credits, tax increases, and individual mandate compliance that are a key part of the Affordable Care Act. But given that the Republican-controlled U.S. House has already held 36 votes to repeal Obamacare—a 37th is planned this week—and opponents of the law already contested it all the way up to the level of the Supreme Court, it is not far-fetched to imagine that adequate funding to implement mandate oversight was always going to be a hard sell. As the Fiscal Times reported in an examination of the issue, "long before the current uproar over the IRS scrutiny of these politically motivated groups seeking non-profit status, Republicans were challenging budget and staffing levels at the IRS and demanding to know how much the agency intended to spend to implement Obama's health care reform law."

Republicans have also already refused to appoint people to the Independent Payment Advisory Board, tasked with finding Medicare savings under the health-reform law. Last week, before the AP scandal broke and before the extent of the IRS one came into view, Democratic congressman John Larson of Connecticut predicted that the road ahead would involve "yet another round of obstructionism, another round of hostage-taking and another round of trying to block anything that Obama does."

Immigration reform was always going to be a difficult bill to pass.
The best chance for Obama to enact a major domestic priority this year involves the Gang of Eight comprehensive immigration reform bill, which revives the goal of providing undocumented immigrants with a pathway to citizenship. Attempts at comprehensive immigration reform have failed over and over since Reagan's 1986 "amnesty" bill, leading the Washington Post's Rachel Weiner to conclude in January, "if immigration reform succeeds, it will go against a quarter-century of political history."

Circumstances are more auspicious today than they were during the 2004-07 failed reform attempt period, but the Republican split on immigration is not something that will be resolved or erased by a new round of scandal investigations in the House. Republicans need to solve—or at least mitigate—their problems with Hispanic voters in order to have a shot at the White House in the years ahead, and the Washington leadership of the party knows this. That is a fact on the ground, as will be Hispanic anger if immigration reform and the fate of 11 million undocumented people fall victim to Republican opposition to the president thanks to Benghazi, the AP records snoop, or what went on in 2010 at the IRS division that reviews tax-exempt organizations. And yet there is also—already—substantial Republican resistance to a comprehensive bill, especially when it comes to questions like gay and lesbian immigration equality. "If the Judiciary Committee tries to redefine marriage in the immigration bill they will lose me and many others," Graham tweeted Monday.

Obama has said he will sign a bill that does not provide for gay and lesbian immigration equality, and ongoing scandal investigations might diminish his negotiating power on that front. But a much more significant factor than administration scandals when it comes to the fate of gays in the immigration reform bill will be the Supreme Court decisions, expected in late June, on two gay marriage cases.

In short, those who wondered why Obama seemed so singularly unenthusiastic about the prospect of a second term while in the midst of running for it now have their answer. Because it looks like this. Because despite optimistic rhetoric about how the 113th Congress would be different from the 112th, which was the least productive Congress since the 1940s, the likelihood was that it was always going to look like this.

Congress Put Pressure on the IRS to Investigate Conservative Tax-Exempt Groups

Tea Party rally with signs - Kevin Lamarque Reuters - banner.jpg
Reuters

A report in Roll Call in March 2012 revealed that leading members of Congress not only were aware that the Internal Revenue Service had begun investigating the political activity of would-be 501(c)4 Tea Party groups that winter, but showed to what an extent members of Congress had been actively putting pressure on the agency to take a closer look at tax-exempt conservative organizations in the wake of the Supreme Court's Citizens United ruling. Reported Janie Lorber in 2012:

Tea party outrage over a spate of IRS letters to conservative groups has revived a long-standing dispute over the agency's controversial role in policing politically active nonprofits.

In January, the IRS began sending extensive questionnaires to organizations applying for nonprofit status as part of a broader project to understand whether social welfare organizations—which are not required to disclose their donors—are actually acting as political committees.

Campaign finance reform groups and lawmakers in both parties have repeatedly demanded that the IRS examine the activities of tax-exempt advocacy groups, which proliferated during the 2010 cycle and are on pace to play an even larger role in 2012.

Democrats, whose affiliated outside groups have lost the fundraising race to Republican organizations this year, have been particularly vocal, sending repeated letters to the agency requesting an investigation. On Wednesday, Rep. Peter Welch (D-Vt.) asked his colleagues in Congress to sign yet another.

Peter Welch is a Democratic congressman from Vermont and sits on the House Oversight and Government Reform Committee chaired by California Republican Darrell Issa. Welch's March 2, 2012 letter to IRS Commissioner Douglas Shulman explicitly called on the IRS to crack down on 501(c)(4)s:

We write to urge the Internal Revenue Service (IRS) to investigate whether any groups qualifying as social welfare organizations under section 501(c)(4) of the federal tax code are improperly engaged in political campaign activity.

Congress created a tax break for nonprofit social welfare organizations because communities across our country benefit greatly from their important work. It is clearly contrary to the intent of Congress for organizations supporting a candidate for office or running attack ads against a candidate to receive taxpayer support intended for legitimate nonprofit groups...

We strongly urge you to fully enforce the law and related court rulings that clearly reserve 501(c)(4) tax status for legitimate nonprofit organizations. And we urge you to investigate and stop any abuse of the tax code by groups whose true mission is to influence the outcome of federal elections.

In a statement accompanying the letter, Welch's office urged the IRS to "investigate whether nonprofit 501(c)(4) organizations affiliated with Super PACs—such as Crossroads GPS, the Karl Rove-backed group spending millions of dollars in campaigns across the country—are in violation of federal law and IRS regulations."

Issa, for his part, sent a letter on March 27, 2012 in concert with Republican Jim Jordan of Ohio, who sits on House Oversight and chairs its Subcommittee on Regulatory Affairs, asking the agency to look into the Tea Party group complaints about excessive information requests.

"Over the past several weeks the Internal Revenue Service (IRS) sent many organizations, operating under tax exempt status, lengthy and detailed questionnaires," Issa and Jordan wrote to Lois Lerner, the director of the Exempt Organizations Division of the IRS, footnoting the above Roll Call story and a report in CNSNews as their sources. "These questionnaires ask for information well beyond the scope of typical disclosures required under IRS Form 1024....[S]everal experts suggest these recent IRS questionnaires exceed appropriate scrutiny."

"Moreover," they added, "the IRS must apply the same criteria for all organizations applying for tax exempt status. News reports, however, indicate that the IRS efforts lack balance, with conservative organizations being the target of the IRS's heightened scrutiny efforts."

A group of 12 Republican U.S. Senators on March 14, 2012 also complained to the IRS about the handling of the Tea Party and other conservative groups. "We have received reports and reviewed information from nonprofit civic organizations in Kentucky, Ohio, Tennessee, and Texas concerning recent IRS inquiries perceived to be excessive," they wrote Commissioner Shulman. "It is critical that the public have confidence that federal tax compliance efforts are pursued in a fair, even-handed, and transparent manner—without regard to politics of any kind. To that end, we write today to seek your assurance that this recent string of inquiries has a sound basis in law and is consistent with the IRS's treatment of tax-exempt organizations across the spectrum."

Signatories on the letter included Orrin Hatch (Utah), Rob Portman (Ohio), Mitch McConnell (Ky.), Chuck Grassley (Iowa), and Rand Paul (Ky.).

Outside groups had been calling on the IRS to investigate non-profits—and especially nonprofit 501(c)(4) groups run by Republican political operatives—since at least the fall of 2011. The "IRS said examining the tax status of 501(c)4 political entities would be a priority for 2012," the Wall Street Journal reported in June 2012, noting that the agency was "taking initial steps to examine whether Crossroads GPS, a pro-Republican group affiliated with Karl Rove, and similar political entities are violating their tax-exempt status by spending too much on partisan activities."

Sen. Max Baucus, Democrat of Montana, called on the IRS in 2010 to investigate tax-exempt groups, writing the IRS commissioner that September to request that the agency "survey major 501(c)(4), (c)(5) and (c)(6) organizations involved in political campaign activity to examine whether they are operated for the organization's intended tax exempt purpose and to ensure that political campaign activity is not the organization's primary activity." He said his request was prompted by news reports about the organizing efforts of conservative groups.

"Possible violation of tax laws should be identified as you conduct this study," Baucus wrote. "Please report back to the Finance Committee as soon as possible with your findings and recommended actions regarding this matter."

On Monday, Baucus announced plans to hold a Senate Finance Committee hearing into Friday's fresh round of revelations that the IRS had targeted conservative 501(c)4 groups.

According to a draft inspector general's audit obtained by the New York Times, the agency use of "tea party" as a key word to scrutinize applicants for tax-exempt status dated to March 2010 and continued through February 2012, when the Tea Party groups began to raise a public outcry.

Americans Aren't Really Paying Attention to the Gosnell Case

Despite conservative outcry over the extent of coverage of the trial of Kermit Gosnell (the physician charged in the death of one adult and four infants at his Philadelphia abortion clinic) and a subsequent spike in coverage of the dangerous and dirty conditions at his now-shuttered facility, Americans are paying little attention to the case, Gallup pollsters report.

There also has been no measurable shift in public opinion on abortion in the wake of his trial. The trial has become a cause célèbre among anti-abortion activists, who see it as a way to shift the abortion conversation toward a national reconsideration of the legality of late second-trimester abortions and clinic safety standards.

"Although the latest Gallup survey was conducted after much of the testimony in this trial had already been reported in the news, the stability in Americans' views about the legality of abortion suggests the trial has not swayed public opinion," the pollsters wrote in an analysis released Friday. "Part of the reason could be that relatively few Americans are paying attention to the case."

qgfhwnx5mkyuhbg5sttlyg.gif According to Gallup, "One-quarter of Americans say they have followed news of the case either very closely (seven percent) or somewhat closely (18 percent), but that is well below the 61-percent average level of attention Americans have paid to the more than 200 news stories Gallup has measured since 1991....This makes the Gosnell case one of the least followed news stories Gallup has measured."

Unsurprisingly, those most opposed to abortion are following the case most closely. Surprisingly, fewer than half (46 percent) of this older, more anti-abortion, more Republican minority—the Gosnell-story watchers—said the case had not received enough attention. Another 47 percent said it had received either too much attention (20 percent) or the right amount of coverage (27 percent). Overall, only 21 percent thought the case was receiving too little coverage—and the majority of those surveyed were not following the case, now on its ninth day of jury deliberations.

oumm3ygm40a9myuhnyxt-w.gif

Jason Richwine's Racial Theories Are Nothing New

But wait, there's more!

The co-author of the Heritage Foundation's big report arguing against "amnesty" for undocumented immigrants didn't just write his 2009 Harvard Ph.D. dissertation on IQ and immigration policy, arguing that "No one knows whether Hispanics will ever reach IQ parity with whites, but the prediction that new Hispanic immigrants will have low-IQ children and grandchildren is difficult to argue against." He didn't just expound these theories in a panel in 2008, saying, "I do not believe that race is insurmountable, certainly not, but it definitely is a larger barrier today than it was for immigrants in the past simply because they are not from Europe." And he didn't just write two articles in 2010 for a website Yahoo's Chris Moody described as "founded by Richard Spencer, a self-described 'nationalist' who writes frequently about race and against 'the abstract notion of human equality.'"

Back in 2009 when he was a research fellow at the American Enterprise Institute, Jason Richwine also penned a book review in The American Conservative taking issue with Richard E. Nisbett's book Intelligence and How to Get It. As it turns out, Richwine's belief that intelligence is determined by biology and genes, which create culture and history rather than the other way around, is something he's been peddling around conservative institutions in Washington, D.C., for years.

"Deep-seated individual and group differences in abilities" and "what implications they might have for a democratic society" were something that need to be faced up to, he wrote, and when it comes to intelligence, "biological differences cannot be wished away."

In contrast to the argument "that genes have nothing to do with the black-white IQ difference," immutable biological differences have profound policy implications that should undermine progressive social uplift programs. "[T]he more we discover how firmly ingrained our abilities, attitudes, and behaviors tend to be, the less plausible leftist social-intervention programs become," he wrote in the review, adding later: "Biology severely limits the aspirations of social engineers."

Here is some of his review:
SOCIOBIOLOGY has long been a sore spot for the Left, and with good reason. Our fundamental traits have a firm biological basis, shaped as they are by complex gene-environment interactions. And the more we discover how firmly ingrained our abilities, attitudes, and behaviors tend to be, the less plausible leftist social-intervention programs become....Biology severely limits the aspirations of social engineers

While unwarranted optimism characterizes Nisbett's discussion of raising IQ, obfuscation best describes his treatment of racial differences in IQ. He claims, for example, that East Asians are not smarter than Europeans, citing a 1991 review of the data, but his evidence is 18 years out of date. Richard Lynn and his colleagues have since demonstrated that Asian Americans outscore white Americans by about fourpoints on IQ tests, and East Asian countries have the highest national IQ's in the world. These results are scarcely mentioned.

Nisbett does say that Jews have higher IQ's than Gentiles, and that whites have higher IQ's than blacks, but his purely environmental explanations of these differences often beg questions. For example, Nisbett explains the superior IQ of Jews by citing the educational focus of Jewish culture, and he ascribes elevated visual-spatial ability among East Asians to a culture that emphasizes it. But where did these cultures come from? Nisbett never seriously considers that cultures themselves could have genetic origins.

A key assertion that Nisbett makes to argue that genes have nothing to do with the black-white IQ difference is that blacks have cut the deficit by more than one third over the past 30 years, implying that we can expect smaller differences over time. But recent gap narrowing is shown by only a single IQ test. Four other major IQ tests show no narrowing of the black-white gap among people born after the 1970s.

By de-emphasizing the role of nature in determining intelligence, Nisbett tries to reduce IQ to little more than an achievement measure. Achievement can be raised by better textbooks, better teachers, better home environments. No need to worry too much about biology, Nisbett is telling his readers. There is no need to face up to deep-seated individual and group differences in abilities, and to what implications they might have for a democratic society.

New York Times columnist Nicholas Kristof has already bought in. In an article entitled "Rising Above IQ," Kristof pronounced Intelligence and How to Get It "superb" because it allows him to avoid talking about intelligence differences. He and most of the Left can go on with the comfortable assumption that everyone has the same cognitive potential. But biological differences cannot be wished away.

Ending the Culture of Impunity on Military Rape

940858_168868616611505_628460928_n.jpg
MSNBC
Imagine if American troops stationed in Iraq and Afghanistan were formally charged with raping 3,374 local women a year in places like Fallujah, Baghdad, and Kabul.

The international outcry would make the one that followed Abu Ghraib look like the mewling of a kitten. Scandal and dishonor would follow the perpetrators to the end of their days and be written tens of pages deep into Google, as well as the history books. The secretary of defense and the president would take abrupt and decisive action to restore order in the ranks and reassert a demand for moral conduct and respect for the rights of women. The courts martial would flow.

Instead, because Americans troops stationed around the world are charged with sexually assaulting fellow Americans who are also members of the Armed Forces, rather than civilians, their crimes have for too long been swept under the rug of national security and chain of command.

Of 3,374 reported cases of sexual assault in 2012, only 238 convictions were handed down, according to the annual Department of Defense report to Congress released Tuesday. Meanwhile, the Pentagon's anonymous surveys of members of the military led it to estimate that more than 26,000 women and men were sexually assaulted in the U.S. Armed Forces last year. That number represents a sharp jump from the previous year's estimate of 19,000 assaults. (In the wake of the growing attention to the problem of military sexual assault, thanks in part to the release of the documentary Invisible War last year, some of that increase may be due to greater willingness of assault survivors to speak up about what they've experienced -- something the Pentagon says it wants them to do.)

The basic problem with the military justice system in cases of sexual assault -- as outlined in horrific detail by the military women and experts featured in Invisible War and by members of Congress during hearings -- is that it combines the dynamics of the workplace with the problem of crime investigation. A woman who is assaulted and wants redress has to report the crime to her commanding officer -- her boss -- and press charges against one of her colleagues in the military, often someone who also works for her boss, all the while continuing to live near her attacker in a thick soup of overlapping interpersonal and professional relationships between her and his friends. The commanding officer, in turn, is held responsible for crimes committed in his unit, and penalized if a flood of reports and convictions come in, as they are seen as a negative reflection on his leadership. And it's entirely up to him whether or not to push forward with taking a complaint to trail; he also has power to overturn convictions without explanation. Adding insult to injury, women seeking to bring charges may fall afoul of military codes punishing adultery and can face court martial themselves. In short, the system is a mess, resulting in what critics call a culture of impunity in which serial rapists are allowed to flourish.

I say serial rapists advisedly, because there's a great deal of research showing that far from being a mistake perpetrated by basically decent guys who fall afoul of the consent line one time, most rapists are serial predators who commit a large number of offenses before being convicted for one of them. Studies of civilians convicted of rape show that the average convicted rapist is responsible for seven to 11 sexual assaults, and that undetected rapists who prey on people they know also tend to be serial predators and approach their victims with a great deal of premeditation. The more we have learned about the nature of sexual predation, the more it becomes clear that it is pattern behavior by a small minority of men that if not caught and prosecuted too often is repeated. And women in the military are like women in college -- in the age range at which sexual predation against them is highest, housed in close proximity to men too young or clever to have been previously convicted, and forced by their environment to seek redress within a system of justice that bears little resemblance to the regular legal system. No wonder 62 percent of military women report experiencing social, professional, or administrative retaliation after reporting a sexual assault.

More than a year after Invisible War began the conversation, and days after the Pentagon report was released, there is new high-level attention on how to address the problem.

"For those who are in uniform who have experienced sexual assault, I want them to hear directly from their commander-in-chief that I've got their backs. I will support them," President Obama said Tuesday. "And we're not going to tolerate this stuff and there will be accountability." On Thursday, senior White House aides Valerie Jarrett and Tina Tchen held a meeting with a bipartisan group of 16 members of Congress to begin what will be "an ongoing dialog, for sure," according to a White House official.

"At the meeting, the White House reiterated the president and Defense Secretary Chuck Hagel's statements from earlier this week that sexual assault is a crime and will not be tolerated in the U.S. military," according to the official read-out. "Overall, the White House has made the health of the force a top priority, and will be working with the Department of Defense on results and accountability on efforts to eliminate sexual assault in the military. The group discussed various legislative proposals as well as actions that the Administration could take to hold offenders accountable, improve the reporting process, support victims, and work towards the prevention of sexual assault."

There are three main legislative proposals on the table -- or about to be on the table -- about how to address the problem.

* Democratic New York Sen. Kirsten Gillibrand, who was at the White House meeting today, plans to formally introduce legislation next week. Her bill, which she's working in with Democratic Sen. Barbara Boxer of California, will take the most aggressive approach to reforming the system of adjudicating sexual assaults within the military. It's also likely to be the most controversial of the bunch, in that it proposes taking commanding officers out of the picture when it comes to the decision about whether to take serious assault cases to trial -- something Hagel has said he opposes -- replacing their judgment with that of experienced trial prosecutors. The bill would also codify a change Hagel already has proposed, amending the Uniform Code of Military Justice, according to a Gillibrand aide, "so that the convening authority may not (a) set aside a guilty finding or (b) change a finding of guilty to a lesser included offense."

* New Hampshire Sen. Kelly Ayotte and Sen. Patty Murray of Washington on Tuesday introduced the Combating Military Sexual Assault (MSA) Act of 2013. This proposal would strengthen assault-prevention efforts, create Special Victims' Counsels to help survivors navigate the legal process, and automatically trigger referral of sexual-assault cases to the court-martial level or "next superior competent authority when there is a conflict of interest in the immediate chain of command." Rep. Tim Ryan, Democrat of Ohio, plans to introduce a companion bill in the House.

* Also in the House, Republican Mike Turner of Ohio and Democrat Niki Tsongas of Massachusetts, the chairs of the Military Sexual Assault Prevention Caucus, have introduced "the Better Enforcement for Sexual Assault Free Environments Act of 2013 (BE SAFE) Act." The act "requires that a person found guilty of an offense of rape, sexual assault, forcible sodomy, or an attempt to commit any of those offenses receive a punishment that includes, at a minimum, a dismissal or dishonorable discharge" and reforms the Uniform Code of Military Justice so that it's no longer possible to lessen sentences or set aside convictions of those convicted of serious sex crimes.

Niall Ferguson, Ted Cruz, and the Politics of Masculinity

tedcruz.banner.nrascreenshot.jpg
NRA.org

Niall Ferguson dismisses economist John Maynard Keynes's work as the product of an "effete" sensibility more interested in talking ballet than building a family with his wife.

Daily Caller writer Matthew K. Lewis blasts coverage of the gun control debate and declares, "Newsrooms should also hire a few journalists who aren't effete liberal p*ssies."

Sen. Ted Cruz of Texas dismisses fellow Republicans who considered voting for a de minimis gun-control bill as "squishes."

Welcome to the place where public policy-making runs smack into the culturally charged policing of the boundaries of masculine identity.

Pussies. Squishes. Effete elites. This isn't policy talk oriented toward coming up with the greatest good for the greatest number, reducing human suffering, or even securing the nation against foreign threats. This is something else -- something far more primal. This is about perceptions of manliness, and about policy as an affirmation of masculine identity.

While identity politics is often seen as being a form of argument involving minorities, the reality has always been that identity politics in America is little more than a recent instantiation of the core human desire to be part of a group, and the fact that groups ceaselessly contend for power against each other. White men once were seen as the American norm from an identity perspective, in that they were the only ones who held the franchise. They remain the dominant class in virtually every significant remunerated field of endeavor. But today I think we see more and more expressions of cultural identity from white men qua white men, as they seek to claim a place of their own in the multicultural firmament. Sometimes this identity is described as being Southern, or rural; other times, as Lewis puts it, it's about "redneck" culture. He contrasts this with having "a cosmopolitan background," a.k.a. hailing from a racially, ethnically, and culturally diverse urban community.

But masculine identity-politics games are far from being just another thing white people like, or something specific to a rural American upbringing, in whatever region. Cruz is Hispanic and pretty cosmopolitan, having attended two Ivy League institutions and possessing personal ties to America, Canada, and Cuba. Ferguson, a Harvard history professor who came over from the U.K., is no country bumpkin, and it's hard to imagine his time at Cambridge and Oxford had much in common with Lewis's at Shepherd College in Shepherdstown, West Virginia.

What they all share is a philosophy in which a certain construction of masculinity is, in style and substance, superior to the that of their opponents, whom they see as somehow soft, feminized, and lacking in legitimacy. Ferguson quickly backed away from his remarks about Keynes, who though married was gay. But so what? Acknowledging that dismissing Keynes as a childless effete was a stupid thing to say only reveals how ingrained and normalized the desire to question the masculinity of opponents is.

Lewis stuck with his insult against members of the press that they are pussies. By his use of asterisks I think we can all be certain he did not mean that they were kittenish; he meant that they are like women. That they are weak. Inferior. Because women are weak and inferior; they are vulnerable where men are impenetrable. Indeed, much of the argument for unfettered gun sales in the wake of the Newtown shooting has hinged less on arguments about sport than on questions of self-defense, and, in particular, on the idea that women need guns to protect themselves from rape and intruders and so on. A world where the threat of violence by men is best met with the fact of violence by women, and in which the only solution to the threat of force is greater force. And not, for example, more prosaic changes -- which studies suggest have contributed to the nation's drop in crime -- such as the proliferation of cell phones and the move toward unleaded gasoline.

The argument of gun culture is an argument against a vision of masculinity that is seen as feminized, but it is also an argument deeply skeptical of the ability of government to provide security, and one that valorizes the gun-owner as a heroic, or potentially heroic, individual. No wonder that teased and bullied boys with mental issues seek a solution to their masculine identity conundrums in turning arms caches against innocents, seizing for a brief moment the power over others that they have always lacked.

And this is where we get into the really sticky part of the politics of masculine identity, which is that force, when not opposed, does tend to succeed. People who are weaker do tend to get hurt more. It is not just the predators of the savannah who prey on those who are most vulnerable. The rule of law stands in opposition to the rule of force and the natural inequalities between man and man. But not around the margins, where the strong too often are able to dominate, exploit, punish or control the weak, leaving it to the state to pick up pieces that can never really be put back together again.

Armed groups of men have always been a major force in world history, whether sanctioned by the state or not. The idea that the moral power of grieving parents could overcome the identity gifts -- the sense of security -- that arms give to the men who cherish them is not just ahistoric; it misunderstands the fundamental dynamics of how power works in human society, and the politics of masculine identity in America. Even in a democracy, the only thing that can overcome force is force.

Luckily, violence is not the only form of force. There are other ways of creating change.

Public shaming also has a power. Ferguson apologized because he was subjected to a great deal of criticism from people in his own world, people whose opinions mattered to his sense of group belonging. Cruz is getting some blowback from people in his own party who think that he's acting like an immature jerk (not my words), though I doubt that will slow or stop his rise as a public figure unless it turns into high-level on-the-record shaming from his squishy party colleagues or cuts into his fundraising ability. Majority Leader Harry Reid has sought to help define him during these early days of Cruz's tenure in the Senate, calling him a "schoolyard bully."

Recognizing the role guns play in the cultural construction of a certain kind of masculinity, and how much the policy conversation around them is about identity politics more than anything else, does suggest one path forward. The gun conversation can be changed by the one type of force more powerful than an organized group of people with arms -- the power to make people feel ashamed of themselves and ostracized by the group they care most about.

Mayors Against Illegal Guns has tried, without much apparent effect, to address the macho argument, putting forward a slate of senior military types to argue for reform. Meanwhile, slowly, on Twitter and elsewhere, we are seeing glimmerings of the new argument from shame, as people highlight of incident after incident in which small children have killed small children. Even if no new gun-control laws are passed, if it becomes beyond the pale socially for parents to store guns sloppily or allow their children to access loaded guns without their permission, it would be progress. If people developed a culture of more carefully locking up their guns and more carefully restricting access to them, it would be progress.

That means shaming parents, and holding them accountable for negligence when their children kill each other -- or anyone -- with unsecured guns. It seems cruel to punish a mother or father already doubtless grieving and guilt ridden, but such laws are on the books in some states. America has undertaken more vigorous shaming campaigns for far less harmful social behaviors than keeping a sloppy hold on guns, such as getting pregnant as a teen, or smoking, or letting babies ride in cars outside of car-seats. And it would mean asking gun owners to rethink how they store, share, and sell their legally purchased weapons. After all, according to the FBI, legal gun owners are the second-largest source of guns flowing to criminals, with 37 percent of them coming from family or friends of the individuals locked up in state prisons. Gun shows, in contrast, were the source of less than one percent of the firearms held by those who committed crimes.

Greater federal regulation of guns will only be possible once gun owners are less afraid of the government than the disapprobation of their own communities. I don't expect that to happen any time soon, because I don't believe that a small group of grieving mothers -- even with strong political backing -- has the power to transform a conversation that's at core about how millions of men define themselves. Only the men of the relevant communities can do that. But if gun-owners can change their own cultural norms enough -- if they can get a better get a grip on their own legal weapons and keep them out of the hands of criminals and children -- we might at the least have in the future fewer grieving mothers.

There's No Such Thing as a Generic Woman Presidential Candidate

obamahillaryHCR.banner.reuters.jpg
Reuters

Yesterday, EMILY's List, the venerable group dedicated to electing pro-choice Democratic women, held a briefing to release data on how generic women candidates might fare and to urge pollsters to poll more women candidates than just Hillary Clinton as they consider potential 2016 presidential candidates.

"Battleground voters are ready for a woman president, and the country is, too," the group announced in presenting their data, which you can read in full here, and launching a new effort to elect a woman to the position of Madam President. "Almost unanimously (90%), voters in the battleground states would consider voting for a qualified woman candidate from their party. Their readiness goes deeper than this though -- 86% believe that America is ready to elect a woman president, and 72% believe that it is likely that America will elect a woman president in the next presidential election, including 86% of Democratic primary voters."

Such polling is nominally useful as a measure of how far voters have come in accepting women in the political arena.

"While voters believe that it is harder for a woman to be elected president than it is for a man, 75% also believe that a woman president would be a good thing for this country," the group found. "On nearly every issue tested, a female president is perceived to be as capable or more capable than a male president."

But what does that really mean? There is no such thing as a generic female president, any more than there is a generic male president -- all there is in real life are a bunch of specific women who might each run for president. And a group of real-life women who already have run for president, each of whom has been found wanting in her own way.

The issue for women who might run for president is not how they poll in theory before they run for office, but how they wear during the course of a campaign. Think Sarah Palin, popular outsider governor of Alaska, versus Sarah Palin, highly polarizing vice-presidential selection and drag on the McCain ticket. Or Hillary Clinton, popular and respected United States senator, versus Hillary Clinton, polarizing presidential candidate with high negatives who was only "likable enough" and too hawkish for the Democratic base.

Clinton, according to a new poll from Quinnipiac University, "has a huge lead over other potential 2016 candidates for the Democratic presidential nomination" with support from 65 percent of Democratic voters, compared to 13 percent for Joe Biden. Peter A. Brown, assistant director of the Quinnipiac University Polling Institute, described Clinton as having a "rock-solid hold on the hearts of Democratic voters at this point."

But the "at this point" is the key part of his sentence. Clinton ran on inevitability in 2007 and 2008. It didn't work. And already there are rumblings that, should she run, many of those on the left who are unhappy with the Obama Administration would coalesce against her in a primary contest, casting her run as a kind of bid for an Obama third term. Meanwhile, on the right, dissatisfactions with the handling of the Benghazi attack would grow into an ever sharper cudgel. That's not to say Clinton couldn't rise above and weather both forms of opposition -- not to mention the inevitable return of the Clinton derangement syndrome that pops up in public life whenever one of them contends for office -- but it's worth recalling that when it comes to women in public life, there are only individual women, each of whom is sure to draw fire in her own unique way. And that no matter what people think about women in general, they will have some very specific and biting thoughts on the particular women who might eventually contend for the top spot in the American government.

Obama's Syria Subtext: I Am Not George W. Bush

obama.newser.banner.reuters.jpg
Larry Downing/Reuters

For all the talk of red lines when it comes to the use of chemical weapons in Syria, President Obama's remarks on the war-torn nation at a White House news conference Tuesday served as a reminder that the former senator from Illinois was one of the staunchest opponents of military action in Iraq and ran for office in 2008 on the platform that the war, launched based on faulty intelligence, was a mistake.

Obama was against a rush to war in Iraq 2002 and 2003, and he's taking a similarly cautious approach in the complex environment of the Syrian conflict. In this, he's completely in tune with the American public, according to a New York Times/CBS News survey released Tuesday. It found that "majorities across party lines decidedly opposed to American intervention in North Korea or Syria right now," with 62 percent of the public agreeing that "the United States has no responsibility to do something about the fighting in Syria between government forces and antigovernment groups."

And to the extent that people are on board with U.S. military action, they back a de minimis version of intervention that's become increasingly controversial among civil liberties advocates: 70 percent of those polled supported drone strikes against terrorists.

"What we now have is evidence that chemical weapons have been used inside of Syria, but we don't know how they were used, when they were used, who used them; we don't have chain of custody that establishes what exactly happened," Obama said Tuesday in response to a question from Fox News. "And when I am making decisions about America's national security and the potential for taking additional action in response to chemical weapon use, I've got to make sure I've got the facts."

"That's what the American people would expect," he continued. "And if we end up rushing to judgment without hard, effective evidence, then we can find ourselves in the position where we can't mobilize the international community to support what we do. There may be objections even among some people in the region who are sympathetic with the opposition if we take action. So, you know, it's important for us to do this in a prudent way."

In short, no rash interventions, based on faulty or incomplete intelligence, and conducted without the support of the international community. No matter what the hawks on the right are demanding.

Why Jason Collins's Coming Out Is Such a Big Deal

collins.banner.jpg
Washington Wizards' Jason Collins (L) goes to the basket against Chicago Bulls' Taj Gibson during the first half of their NBA basketball game in Chicago, April 17, 2013. (Jim Young/Reuters)

Female professional athletes are already gender non-conforming. Male ones are still worshiped as exemplars of traditional masculinity. Extremely sporty women have to fight stereotyping that they are lesbians and ignore all manner of unkind commentary about how they are mannish, while sporty men are seen as participating in a form of the masculine ideal.

This is the backdrop to why N.B.A. center Jason Collins' revelations in a Sports Illustrated piece today that he is gay are such a big deal -- and why it is that similar recent revelations from the this year's W.N.B.A. Number 1 draft pick Brittney Griner were greeted in mid-April with a collective yawn.

Women who play professional sports are grown-up versions of what we still to this day call "tomboys," a linguistic relic of our cognitive inability to see outdoorsy, competitive, rough-and-tumble behavior as inherently and naturally female, as well as male. Remember when people were speculating that then Supreme Court-nominee Elena Kagan was a lesbian just because she played on a softball team? "Sorry, softball=lesbian," wrote Brian Moylan in Gawker. (Yeah, that still happens.) Team sports have about them something martial or manly, which means that female team sports are often seen as butch activities. Meanwhile, men who participate in activities like gymnastics or ice skating are often stereotyped as gay; even though they are athletes, they are taking part in something more feminine. As King Kaufman observed in Salon in 2002: "The average American sports fan, watching the Olympic men's figure skating competition, probably figured that most of the contestants were gay." He then went on to debunk this assumption in a conversation with U.S. Olympic medalist Rudy Galindo, "the first actively competing figure skater who was out as being gay."

There have been many female athletes who have come out of the closet and been pioneers. Tennis great Billie Jean King. Tennis player Martina Navratilova. WNBA player Sheryl Swoopes, the "female Michael Jordan." Soccer midfielder Megan Rapinoe. Most recently, we had the example of college basketball phenom Griner. Her casual mention earlier this year that she's gay was greeted with a New York Times story headlined, "Female Star Comes Out as Gay, and Sports World Shrugs." Why was her declaration seen as not such a big deal? Because she was female, according to the paper of record.

"It was an odd juxtaposition," the paper's Sam Borden wrote, "as there is increased speculation about whether a male athlete -- any male athlete -- will come out while still playing a major professional team sport, one of the best female athletes in the history of team sports comes out, and the reaction is roughly equivalent to what one might see when a baseball manager reveals his starting rotation for a three-game series in July."

The reality is that by becoming a top-ranking female basketball player, Griner had already done hard work violating gender norms and was already seen as a gender outlier. "In sports right now, there are two different stereotypes -- that there are no gay male athletes, and every female athlete is a lesbian," Patrick Burke of the gay sports advocacy group You Can Play told the Times. "We've had tremendous success in getting straight male players to speak to the issue; we're having a tougher time finding straight female athletes speaking on this issue because they've spent their entire careers fighting the perception that they're a lesbian."

But a traditionally masculine man, playing a traditionally masculine team sport -- and he's gay? Well, that's news.

7 Charts That Show Why Real Immigration Reform Might Finally Be Possible

A fascinating presentation by Simon Rosenberg, president of the center-left think tank NDN, argues compellingly that the massive influx of Mexican citizens into the United States in the '90s and early aughts was a one-time historic experience fueled by a confluence of high birthrates in Mexico, the economic shock created by the North American Free Trade Agreement, and the presence of America's then-booming economy just across the border. All three factors have changed markedly since undocumented immigration peaked. Mexico is now an increasingly middle-class nation, with smaller families and residents who are less attracted to El Norte thanks to America's continuing economic sluggishness and new opportunities at home in a nation that has emerged as America's third-largest trading partner. All this, combined with a decline in crime in U.S. border towns thanks to Department of Homeland Security efforts, Rosenberg argues, means that the 2013 political argument over comprehensive immigration reform is unfolding against a much more favorable backdrop than did similar efforts in 2005.

"There is no new net migration of undocumented immigrants. That's a profoundly different situation than it was," explained Rosenberg in a briefing earlier in the week, similar to ones he's made on the Hill. "There will never be historical circumstances like what happened in the '90s that created this mass migration .... Mexico is rapidly becoming a middle-class country."

Whereas Mexico in the immediate post-NAFTA years suffered from a "large surplus of rural labor," today Mexico has for the first time a real service sector and emerging middle-class economy, he said. As well, "The perception that the border is out of control is just false. It's just not true .... If DHS had not actually made the border much safer ... I think it would have been very hard to imagine us getting an immigration bill through in this Congress."

His key slides on how much has changed since the House last voted through an immigration reform measure in 2005:

Screen Shot 2013-04-26 at 10.47.27 AM.png Screen Shot 2013-04-26 at 10.47.49 AM.png Screen Shot 2013-04-26 at 10.48.08 AM.png Screen Shot 2013-04-26 at 10.48.27 AM.png Screen Shot 2013-04-26 at 10.48.50 AM.png Screen Shot 2013-04-26 at 10.49.39 AM.png Screen Shot 2013-04-26 at 10.49.51 AM.png

Joe Biden, White House Id

If Barack Obama has a bit too much restraint about his persona for the commentariat, Joe Biden is the White House's exuberant and impassioned id. From "This is a big fucking deal!" to remarks that fall in Onion territory, the tactile, voluble vice president has stepped forward at key moments in White House history to say what everyone is thinking (and also, sometimes, to step in it).

Today's example was Biden unleashing a stream of wholly warranted invective at the Boston Marathon bombers. Speaking at memorial services for slain M.I.T. police officer Sean Collier, he called bombers Dzhokhar and Tamerlan Tsarnaev "two twisted, perverted, cowardly knock-off jihadis."

"Our very existence makes a lie of their perverted ideology," he said, driving home the point. He later repeated the insult, calling the bombers "these perverted jihadis."

Some asserted he was insensitively diminishing the attack by calling the attackers "knock-off." But there was no question that in repeatedly calling the suspects "perverted jihadis," Biden was once again taking on his designated role as senior administration official who gets to sling it.

Politico on Jill Abramson Rendered as Memes

I have no idea what's actually going on inside the New York Times but reading Dylan Byers's piece on Jill Abramson's tenure as the paper's first female editor I could not stop thinking about chapter three of Sheryl Sandberg's Lean In -- you know, the one titled "Success and Likability." In it, Sandberg dives into the research on how female leaders find their temperaments subjected to constant negative scrutiny. There are certain phrases you hear over and over again in the conversation about women leaders, and since they seem to operate like memes, I made them into some. The words come directly from Byers's Politico article.

37228969.jpg

37229270.jpg

37229168.jpg

The Biggest Story in Photos

Finland in World War II

Subscribe Now

SAVE 65%! 10 issues JUST $2.45 PER COPY

Newsletters

Sign up to receive our free newsletters

(sample)

(sample)

(sample)

(sample)

(sample)

(sample)