NewYorker Magazine
THE CHOICE
Issue of 2004-11-01
This Presidential campaign has been as ugly and as bitter as any in American memory. The ugliness has flowed mostly in one direction, reaching its apotheosis in the effort, undertaken by a supposedly independent group financed by friends of the incumbent, to portray the challenger—who in his mid-twenties was an exemplary combatant in both the Vietnam War and the movement to end that war—as a coward and a traitor. The bitterness has been felt mostly by the challenger’s adherents; yet there has been more than enough to go around. This is one campaign in which no one thinks of having the band strike up “Happy Days Are Here Again.”
The heightened emotions of the race that (with any luck) will end on November 2, 2004, are rooted in the events of three previous Tuesdays. On Tuesday, November 7, 2000, more than a hundred and five million Americans went to the polls and, by a small but indisputable plurality, voted to make Al Gore President of the United States. Because of the way the votes were distributed, however, the outcome in the electoral college turned on the outcome in Florida. In that state, George W. Bush held a lead of some five hundred votes, one one-thousandth of Gore’s national margin; irregularities, and there were many, all had the effect of taking votes away from Gore; and the state’s electoral machinery was in the hands of Bush’s brother, who was the governor, and one of Bush’s state campaign co-chairs, who was the Florida secretary of state.
Bush sued to stop any recounting of the votes, and, on Tuesday, December 12th, the United States Supreme Court gave him what he wanted. Bush v. Gore was so shoddily reasoned and transparently partisan that the five justices who endorsed the decision declined to put their names on it, while the four dissenters did not bother to conceal their disgust. There are rules for settling electoral disputes of this kind, in federal and state law and in the Constitution itself. By ignoring them—by cutting off the process and installing Bush by fiat—the Court made a mockery not only of popular democracy but also of constitutional republicanism.
A result so inimical to both majority rule and individual civic equality was bound to inflict damage on the fabric of comity. But the damage would have been far less severe if the new President had made some effort to take account of the special circumstances of his election—in the composition of his Cabinet, in the way that he pursued his policy goals, perhaps even in the goals themselves. He made no such effort. According to Bob Woodward in “Plan of Attack,” Vice-President Dick Cheney put it this way: “From the very day we walked in the building, a notion of sort of a restrained presidency because it was such a close election, that lasted maybe thirty seconds. It was not contemplated for any length of time. We had an agenda, we ran on that agenda, we won the election—full speed ahead.”
The new President’s main order of business was to push through Congress a program of tax reductions overwhelmingly skewed to favor the very rich. The policies he pursued through executive action, such as weakening environmental protection and cutting off funds for international family-planning efforts, were mostly unpopular outside what became known (in English, not Arabic) as “the base,” which is to say the conservative movement and, especially, its evangelical component. The President’s enthusiastic embrace of that movement was such that, four months into the Administration, the defection of a moderate senator from Vermont, Jim Jeffords, cost his party control of the Senate. And, four months after that, the President’s political fortunes appeared to be coasting into a gentle but inexorable decline. Then came the blackest Tuesday of all.
September 11, 2001, brought with it one positive gift: a surge of solidarity, global and national—solidarity with and solidarity within the United States. This extraordinary outpouring provided Bush with a second opportunity to create something like a government of national unity. Again, he brushed the opportunity aside, choosing to use the political capital handed to him by Osama bin Laden to push through more elements of his unmandated domestic program. A year after 9/11, in the midterm elections, he increased his majority in the House and recaptured control of the Senate by portraying selected Democrats as friends of terrorism. Is it any wonder that the anger felt by many Democrats is even greater than can be explained by the profound differences in outlook between the two candidates and their parties?
The Bush Administration has had success in carrying out its policies and implementing its intentions, aided by majorities—political and, apparently, ideological—in both Houses of Congress. Substantively, however, its record has been one of failure, arrogance, and—strikingly for a team that prided itself on crisp professionalism—incompetence.
In January, 2001, just after Bush’s inauguration, the nonpartisan Congressional Budget Office published its budget outlook for the coming decade. It showed a cumulative surplus of more than five trillion dollars. At the time, there was a lot of talk about what to do with the anticipated bounty, a discussion that now seems antique. Last year’s federal deficit was three hundred and seventy-five billion dollars; this year’s will top four hundred billion. According to the C.B.O., which came out with its latest projection in September, the period from 2005 to 2014 will see a cumulative shortfall of $2.3 trillion.
Even this seven-trillion-dollar turnaround underestimates the looming fiscal disaster. In doing its calculations, the C.B.O. assumed that most of the Bush tax cuts would expire in 2011, as specified in the legislation that enacted them. However, nobody in Washington expects them to go away on schedule; they were designated as temporary only to make their ultimate results look less scary. If Congress extends the expiration deadlines—a near-certainty if Bush wins and the Republicans retain control of Congress—then, according to the C.B.O., the cumulative deficit between 2005 and 2014 will nearly double, to $4.5 trillion.
What has the country received in return for mortgaging its future? The President says that his tax cuts lifted the economy before and after 9/11, thereby moderating the downturn that began with the Nasdaq’s collapse in April, 2000. It’s true that even badly designed tax cuts can give the economy a momentary jolt. But this doesn’t make them wise policy. “Most of the tax cuts went to low- and middle-income Americans,” Bush said during his final debate with Senator John Kerry. This is false—a lie, actually—though at least it suggests some dim awareness that the reverse Robin Hood approach to tax cuts is politically and morally repugnant. But for tax cuts to stimulate economic activity quickly and efficiently they should go to people who will spend the extra money. Largely at the insistence of Democrats and moderate Republicans, the Bush cuts gave middle-class families some relief in the form of refunds, bigger child credits, and a smaller marriage penalty. Still, the rich do better, to put it mildly. Citizens for Tax Justice, a Washington research group whose findings have proved highly dependable, notes that, this year, a typical person in the lowest fifth of the income distribution will get a tax cut of ninety-one dollars, a typical person in the middle fifth will pocket eight hundred and sixty-three dollars, and a typical person in the top one per cent will collect a windfall of fifty-nine thousand two hundred and ninety-two dollars.
These disparities help explain the familiar charge that Bush will likely be the first chief executive since Hoover to preside over a net loss of American jobs. This Administration’s most unshakable commitment has been to shifting the burden of taxation away from the sort of income that rewards wealth and onto the sort that rewards work. The Institute on Taxation and Economic Policy, another Washington research group, estimates that the average federal tax rate on income generated from corporate dividends and capital gains is now about ten per cent. On wages and salaries it’s about twenty-three per cent. The President promises, in a second term, to expand tax-free savings accounts, cut taxes further on dividends and capital gains, and permanently abolish the estate tax—all of which will widen the widening gap between the richest and the rest.
Bush signalled his approach toward the environment a few weeks into his term, when he reneged on a campaign pledge to regulate carbon-dioxide emissions, the primary cause of global warming. His record since then has been dictated, sometimes literally, by the industries affected. In 2002, the Environmental Protection Agency proposed rescinding a key provision of the Clean Air Act known as “new source review,” which requires power-plant operators to install modern pollution controls when upgrading older facilities. The change, it turned out, had been recommended by some of the nation’s largest polluters, in e-mails to the Energy Task Force, which was chaired by Vice-President Cheney. More recently, the Administration proposed new rules that would significantly weaken controls on mercury emissions from power plants. The E.P.A.’s regulation drafters had copied, in some instances verbatim, memos sent to it by a law firm representing the utility industry.
“I guess you’d say I’m a good steward of the land,” Bush mused dreamily during debate No. 2. Or maybe you’d say nothing of the kind. The President has so far been unable to persuade the Senate to allow oil drilling in the Arctic National Wildlife Refuge, but vast stretches of accessible wilderness have been opened up to development. By stripping away restrictions on the use of federal lands, often through little-advertised rule changes, the Administration has potentially opened up sixty million acres, an area larger than Indiana and Iowa combined, to logging, mining, and oil exploration.
During the fevered period immediately after September 11th, the Administration rushed what it was pleased to call the U.S.A. Patriot Act through a compliant Congress. Some of the reaction to that law has been excessive. Many of its provisions, such as allowing broader information-sharing among investigative agencies, are sensible. About others there are legitimate concerns. Section 215 of the law, for example, permits government investigators to obtain—without a subpoena or a search warrant based on probable cause—a court order entitling them to records from libraries, bookstores, doctors, universities, and Internet service providers, among other public and private entities. Officials of the Department of Justice say that they have used Section 215 with restraint, and that they have not, so far, sought information from libraries or bookstores. Their avowals of good faith would be more reassuring if their record were not otherwise so troubling.
Secrecy and arrogance have been the touchstones of the Justice Department under Bush and his attorney general, John Ashcroft. Seven weeks after the 9/11 attacks, the Administration announced that its investigation had resulted in nearly twelve hundred arrests. The arrests have continued, but eventually the Administration simply stopped saying how many people were and are being held. In any event, not one of the detainees has been convicted of anything resembling a terrorist act. At least as reprehensible is the way that foreign nationals living in the United States have been treated. Since September 11th, some five thousand have been rounded up and more than five hundred have been deported, all for immigration infractions, after hearings that, in line with a novel doctrine asserted by Ashcroft, were held in secret. Since it is official policy not to deport terrorism suspects, it is unclear what legitimate anti-terror purpose these secret hearings serve.
President Bush often complains about Democratic obstructionism, but the truth is that he has made considerable progress, if that’s the right word, toward the goal of stocking the federal courts with conservative ideologues. The Senate has confirmed two hundred and one of his judicial nominees, more than the per-term averages for Presidents Clinton, Reagan, and Bush senior. Senate Republicans blocked more than sixty of Clinton’s nominees; Senate Democrats have blocked only ten of Bush’s. (Those ten, by the way, got exactly what they deserved. Some of them—such as Carolyn Kuhl, who devoted years of her career to trying to preserve tax breaks for colleges that practice racial discrimination, and Brett Kavanaugh, a thirty-eight-year-old with no judicial or courtroom experience who co-wrote the Starr Report—rank among the worst judicial appointments ever attempted.)
Even so, to the extent that Bush and Ashcroft have been thwarted it has been due largely to our still vigorous federal judiciary, especially the Supreme Court. Like some of the Court’s worst decisions of the past four years (Bush v. Gore again comes to mind), most of its best—salvaging affirmative action, upholding civil liberties for terrorist suspects, striking down Texas’s anti-sodomy law, banning executions of the mentally retarded—were reached by one- or two-vote majorities. (Roe v. Wade is two justices removed from reversal.) All but one of the sitting justices are senior citizens, ranging in age from sixty-five to eighty-four, and the gap since the last appointment—ten years—is the longest since 1821. Bush has said more than once that Antonin Scalia and Clarence Thomas are his favorite justices. In a second Bush term, the Court could be remade in their images.
The record is similarly dismal in other areas of domestic policy. An executive order giving former Presidents the power to keep their papers indefinitely sealed is one example among many of a mania for secrecy that long antedates 9/11. The President’s hostility to science, exemplified by his decision to place crippling limits on federal support of stem-cell research and by a systematic willingness to distort or suppress scientific findings discomfiting to “the base,” is such that scores of eminent scientists who are normally indifferent to politics have called for his defeat. The Administration’s energy policies, especially its resistance to increasing fuel-efficiency requirements, are of a piece with its environmental irresponsibility. Even the highly touted No Child Left Behind education program, enacted with the support of the liberal lion Edward Kennedy, is being allowed to fail, on account of grossly inadequate funding. Some of the money that has been pumped into it has been leached from other education programs, dozens of which are slated for cuts next year.
Ordinarily, such a record would be what lawyers call dispositive. But this election is anything but ordinary. Jobs, health care, education, and the rest may not count for much when weighed against the prospect of large-scale terrorist attack. The most important Presidential responsibility of the next four years, as of the past three, is the “war on terror”—more precisely, the struggle against a brand of Islamist fundamentalist totalitarianism that uses particularly ruthless forms of terrorism as its main weapon.
Bush’s immediate reaction to the events of September 11, 2001, was an almost palpable bewilderment and anxiety. Within a few days, to the universal relief of his fellow-citizens, he seemed to find his focus. His decision to use American military power to topple the Taliban rulers of Afghanistan, who had turned their country into the principal base of operations for the perpetrators of the attacks, earned the near-unanimous support of the American people and of America’s allies. Troops from Britain, France, Germany, Canada, Italy, Norway, and Spain are serving alongside Americans in Afghanistan to this day.
The determination of ordinary Afghans to vote in last month’s Presidential election, for which the votes are still being counted, is clearly a positive sign. Yet the job in Afghanistan has been left undone, despite fervent promises at the outset that the chaos that was allowed to develop after the defeat of the Soviet occupation in the nineteen-eighties would not be repeated. The Taliban has regrouped in eastern and southern regions. Bin Laden’s organization continues to enjoy sanctuary and support from Afghans as well as Pakistanis on both sides of their common border. Warlords control much of Afghanistan outside the capital of Kabul, which is the extent of the territorial writ of the decent but beleaguered President Hamid Karzai. Opium production has increased fortyfold.
The White House’s real priorities were elsewhere from the start. According to the former counter-terrorism adviser Richard Clarke, in a Situation Room crisis meeting on September 12, 2001, Donald Rumsfeld suggested launching retaliatory strikes against Iraq. When Clarke and others pointed out to him that Al Qaeda—the presumed culprit—was based in Afghanistan, not Iraq, Rumsfeld is said to have remarked that there were better targets in Iraq. The bottom line, as Bush’s former Treasury Secretary Paul O’Neill has said, was that the Bush-Cheney team had been planning to carry out regime change in Baghdad well before September 11th—one way or another, come what may.
At all three debates, President Bush defended the Iraq war by saying that without it Saddam Hussein would still be in power. This is probably true, and Saddam’s record of colossal cruelty--of murder, oppression, and regional aggression--was such that even those who doubted the war’s wisdom acknowledged his fall as an occasion for satisfaction. But the removal of Saddam has not been the war’s only consequence; and, as we now know, his power, however fearsome to the millions directly under its sway, was far less of a threat to the United States and the rest of the world than it pretended—and, more important, was made out—to be.
As a variety of memoirs and journalistic accounts have made plain, Bush seldom entertains contrary opinion. He boasts that he listens to no outside advisers, and inside advisers who dare to express unwelcome views are met with anger or disdain. He lives and works within a self-created bubble of faith-based affirmation. Nowhere has his solipsism been more damaging than in the case of Iraq. The arguments and warnings of analysts in the State Department, in the Central Intelligence Agency, in the uniformed military services, and in the chanceries of sympathetic foreign governments had no more effect than the chants of millions of marchers.
The decision to invade and occupy Iraq was made on the basis of four assumptions: first, that Saddam’s regime was on the verge of acquiring nuclear explosives and had already amassed stockpiles of chemical and biological weapons; second, that the regime had meaningful links with Al Qaeda and (as was repeatedly suggested by the Vice-President and others) might have had something to do with 9/11; third, that within Iraq the regime’s fall would be followed by prolonged celebration and rapid and peaceful democratization; and, fourth, that a similar democratic transformation would be precipitated elsewhere in the region, accompanied by a new eagerness among Arab governments and publics to make peace between Israel and a presumptive Palestinian state. The first two of these assumptions have been shown to be entirely baseless. As for the second two, if the wishes behind them do someday come true, it may not be clear that the invasion of Iraq was a help rather than a hindrance.
In Bush’s rhetoric, the Iraq war began on March 20, 2003, with precision bombings of government buildings in Baghdad, and ended exactly three weeks later, with the iconic statue pulldown. That military operation was indeed a success. But the cakewalk led over a cliff, to a succession of heedless and disastrous mistakes that leave one wondering, at the very least, how the Pentagon’s civilian leadership remains intact and the President’s sense of infallibility undisturbed. The failure, against the advice of such leaders as General Eric Shinseki, then the Army chief of staff, to deploy an adequate protective force led to unchallenged looting of government buildings, hospitals, museums, and—most inexcusable of all—arms depots. (“Stuff happens,” Secretary of Defense Rumsfeld explained, though no stuff happened to the oil ministry.) The Pentagon all but ignored the State Department’s postwar plans, compiled by its Future of Iraq project, which warned not only of looting but also of the potential for insurgencies and the folly of relying on exiles such as Ahmad Chalabi; the project’s head, Thomas Warrick, was sidelined. The White House counsel’s disparagement of the Geneva Conventions and of prohibitions on torture as “quaint” opened the way to systematic and spectacular abuses at Abu Ghraib and other American-run prisons--a moral and political catastrophe for which, in a pattern characteristic of the Administration’s management style, no one in a policymaking position has been held accountable. And, no matter how Bush may cleave to his arguments about a grand coalition (“What’s he say to Tony Blair?” “He forgot Poland!”), the coalition he assembled was anything but grand, and it has been steadily melting away in Iraq’s cauldron of violence.
By the end of the current fiscal year, the financial cost of this war will be two hundred billion dollars (the figure projected by Lawrence Lindsey, who headed the President’s Council of Economic Advisers until, like numerous other bearers of unpalatable news, he was cashiered) and rising. And there are other, more serious costs that were unforeseen by the dominant factions in the Administration (although there were plenty of people who did foresee them). The United States has become mired in a low-intensity guerrilla war that has taken more lives since the mission was declared to be accomplished than before. American military deaths have mounted to more than a thousand, a number that underplays the real level of suffering: among the eight thousand wounded are many who have been left seriously maimed. The toll of Iraqi dead and wounded is of an order of magnitude greater than the American. Al Qaeda, previously an insignificant presence in Iraq, is an important one now. Before this war, we had persuaded ourselves and the world that our military might was effectively infinite. Now it is overstretched, a reality obvious to all. And, if the exposure of American weakness encourages our enemies, surely the blame lies with those who created the reality, not with those who, like Senator Kerry, acknowledge it as a necessary step toward changing it.
When the Administration’s geopolitical, national-interest, and anti-terrorism justifications for the Iraq war collapsed, it groped for an argument from altruism: postwar chaos, violence, unemployment, and brownouts notwithstanding, the war has purchased freedoms for the people of Iraq which they could not have had without Saddam’s fall. That is true. But a sad and ironic consequence of this war is that its fumbling prosecution has undermined its only even arguably meritorious rationale—and, as a further consequence, the salience of idealism in American foreign policy has been likewise undermined. Foreign-policy idealism has taken many forms—Wilson’s aborted world federalism, Carter’s human-rights jawboning, and Reagan’s flirtation with total nuclear disarmament, among others. The failed armed intervention in Somalia and the successful ones in the Balkans are other examples. The neoconservative version ascendant in the Bush Administration, post-9/11, draws partly on these strains. There is surely idealistic purpose in envisioning a Middle East finally relieved of its autocracies and dictatorships. Yet this Administration’s adventure in Iraq is so gravely flawed and its credibility so badly damaged that in the future, faced with yet another moral dilemma abroad, it can be expected to retreat, a victim of its own Iraq Syndrome.
The damage visited upon America, and upon America’s standing in the world, by the Bush Administration’s reckless mishandling of the public trust will not easily be undone. And for many voters the desire to see the damage arrested is reason enough to vote for John Kerry. But the challenger has more to offer than the fact that he is not George W. Bush. In every crucial area of concern to Americans (the economy, health care, the environment, Social Security, the judiciary, national security, foreign policy, the war in Iraq, the fight against terrorism), Kerry offers a clear, corrective alternative to Bush’s curious blend of smugness, radicalism, and demagoguery. Pollsters like to ask voters which candidate they’d most like to have a beer with, and on that metric Bush always wins. We prefer to ask which candidate is better suited to the governance of our nation.
Throughout his long career in public service, John Kerry has demonstrated steadiness and sturdiness of character. The physical courage he showed in combat in Vietnam was matched by moral courage when he raised his voice against the war, a choice that has carried political costs from his first run for Congress, lost in 1972 to a campaign of character assassination from a local newspaper that could not forgive his antiwar stand, right through this year’s Swift Boat ads. As a senator, Kerry helped expose the mischief of the Bank of Commerce and Credit International, a money-laundering operation that favored terrorists and criminal cartels; when his investigation forced him to confront corruption among fellow-Democrats, he rejected the cronyism of colleagues and brought down power brokers of his own party with the same dedication that he showed in going after Oliver North in the Iran-Contra scandal. His leadership, with John McCain, of the bipartisan effort to put to rest the toxic debate over Vietnam-era P.O.W.s and M.I.A.s and to lay the diplomatic groundwork for Washington’s normalization of relations with Hanoi, in the mid-nineties, was the signal accomplishment of his twenty years on Capitol Hill, and it is emblematic of his fairness of mind and independence of spirit. Kerry has made mistakes (most notably, in hindsight at least, his initial opposition to the Gulf War in 1990), but—in contrast to the President, who touts his imperviousness to changing realities as a virtue—he has learned from them.
Kerry’s performance on the stump has been uneven, and his public groping for a firm explanation of his position on Iraq was discouraging to behold. He can be cautious to a fault, overeager to acknowledge every angle of an issue; and his reluctance to expose the Administration’s appalling record bluntly and relentlessly until very late in the race was a missed opportunity. But when his foes sought to destroy him rather than to debate him they found no scandals and no evidence of bad faith in his past. In the face of infuriating and scurrilous calumnies, he kept the sort of cool that the thin-skinned and painfully insecure incumbent cannot even feign during the unprogrammed give-and-take of an electoral debate. Kerry’s mettle has been tested under fire—the fire of real bullets and the political fire that will surely not abate but, rather, intensify if he is elected—and he has shown himself to be tough, resilient, and possessed of a properly Presidential dose of dignified authority. While Bush has pandered relentlessly to the narrowest urges of his base, Kerry has sought to appeal broadly to the American center. In a time of primitive partisanship, he has exhibited a fundamentally undogmatic temperament. In campaigning for America’s mainstream restoration, Kerry has insisted that this election ought to be decided on the urgent issues of our moment, the issues that will define American life for the coming half century. That insistence is a measure of his character. He is plainly the better choice. As observers, reporters, and commentators we will hold him to the highest standards of honesty and performance. For now, as citizens, we hope for his victory.
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