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Whistleblower Support


 The Worst President in History?
 

Something to think about...

Our rapidly growing roles of whistleblowers and reporters of corruption are not happening in a vacuum, without cause or reason.

I pass along this piece to you as "food for thought."

http://www.truthout.org/cgi-bin/artman/exec/view.cgi/59/19222


The Worst President in History?
By Sean Wilentz
Rolling Stone
Friday 21 April 2006
One of America's leading historians assesses George W. Bush.

(Illustration by Robert Grossman)

George W. Bush's presidency appears headed for colossal historical disgrace. Barring a cataclysmic event on the order of the terrorist attacks of September 11th, after which the public might rally around the White House once again, there seems to be little the administration can do to avoid being ranked on the lowest tier of U.S. presidents. And that may be the best-case scenario. Many historians are now wondering whether Bush, in fact, will be remembered as the very worst president in all of American history.

From time to time, after hours, I kick back with my colleagues at Princeton to argue idly about which president really was the worst of them all. For years, these perennial debates have largely focused on the same handful of chief executives whom national polls of historians, from across the ideological and political spectrum, routinely cite as the bottom of the presidential barrel. Was the lousiest James Buchanan, who, confronted with Southern secession in 1860, dithered to a degree that, as his most recent biographer has said, probably amounted to disloyalty - and who handed to his successor, Abraham Lincoln, a nation already torn asunder? Was it Lincoln's successor, Andrew Johnson, who actively sided with former Confederates and undermined Reconstruction? What about the amiably incompetent Warren G. Harding, whose administration was fabulously corrupt? Or, though he has his defenders, Herbert Hoover, who tried some reforms but remained imprisoned in his own outmoded individualist ethic and collapsed under the weight of the stock-market crash of 1929 and the Depression's onset? The younger historians always put in a word for Richard M. Nixon, the only American president forced to resign from office.

Now, though, George W. Bush is in serious contention for the title of worst ever. In early 2004, an informal survey of 415 historians conducted by the nonpartisan History News Network found that eighty-one percent considered the Bush administration a "failure." Among those who called Bush a success, many gave the president high marks only for his ability to mobilize public support and get Congress to go along with what one historian called the administration's "pursuit of disastrous policies." In fact, roughly one in ten of those who called Bush a success was being facetious, rating him only as the best president since Bill Clinton - a category in which Bush is the only contestant.

The lopsided decision of historians should give everyone pause. Contrary to popular stereotypes, historians are generally a cautious bunch. We assess the past from widely divergent points of view and are deeply concerned about being viewed as fair and accurate by our colleagues. When we make historical judgments, we are acting not as voters or even pundits, but as scholars who must evaluate all the evidence, good, bad or indifferent. Separate surveys, conducted by those perceived as conservatives as well as liberals, show remarkable unanimity about who the best and worst presidents have been.

Historians do tend, as a group, to be far more liberal than the citizenry as a whole - a fact the president's admirers have seized on to dismiss the poll results as transparently biased. One pro-Bush historian said the survey revealed more about "the current crop of history professors" than about Bush or about Bush's eventual standing. But if historians were simply motivated by a strong collective liberal bias, they might be expected to call Bush the worst president since his father, or Ronald Reagan, or Nixon.

Instead, more than half of those polled - and nearly three-fourths of those who gave Bush a negative rating - reached back before Nixon to find a president they considered as miserable as Bush. The presidents most commonly linked with Bush included Hoover, Andrew Johnson and Buchanan. Twelve percent of the historians polled - nearly as many as those who rated Bush a success - flatly called Bush the worst president in American history. And these figures were gathered before the debacles over Hurricane Katrina, Bush's role in the Valerie Plame leak affair and the deterioration of the situation in Iraq. Were the historians polled today, that figure would certainly be higher.

Even worse for the president, the general public, having once given Bush the highest approval ratings ever recorded, now appears to be coming around to the dismal view held by most historians. To be sure, the president retains a considerable base of supporters who believe in and adore him, and who reject all criticism with a mixture of disbelief and fierce contempt - about one-third of the electorate. (When the columnist Richard Reeves publicized the historians' poll last year and suggested it might have merit, he drew thousands of abusive replies that called him an idiot and that praised Bush as, in one writer's words, "a Christian who actually acts on his deeply held beliefs.") Yet the ranks of the true believers have thinned dramatically. A majority of voters in forty-three states now disapprove of Bush's handling of his job. Since the commencement of reliable polling in the 1940s, only one twice-elected president has seen his ratings fall as low as Bush's in his second term: Richard Nixon, during the months preceding his resignation in 1974. No two-term president since polling began has fallen from such a height of popularity as Bush's (in the neighborhood of ninety percent, during the patriotic upswell following the 2001 attacks) to such a low (now in the midthirties). No president, including Harry Truman (whose ratings sometimes dipped below Nixonian levels), has experienced such a virtually unrelieved decline as Bush has since his high point. Apart from sharp but temporary upticks that followed the commencement of the Iraq war and the capture of Saddam Hussein, and a recovery during the weeks just before and after his re-election, the Bush trend has been a profile in fairly steady disillusionment.


How does any president's reputation sink so low? The reasons are best understood as the reverse of those that produce presidential greatness. In almost every survey of historians dating back to the 1940s, three presidents have emerged as supreme successes: George Washington, Abraham Lincoln and Franklin D. Roosevelt. These were the men who guided the nation through what historians consider its greatest crises: the founding era after the ratification of the Constitution, the Civil War, and the Great Depression and Second World War. Presented with arduous, at times seemingly impossible circumstances, they rallied the nation, governed brilliantly and left the republic more secure than when they entered office.

Calamitous presidents, faced with enormous difficulties - Buchanan, Andrew Johnson, Hoover and now Bush - have divided the nation, governed erratically and left the nation worse off. In each case, different factors contributed to the failure: disastrous domestic policies, foreign-policy blunders and military setbacks, executive misconduct, crises of credibility and public trust. Bush, however, is one of the rarities in presidential history: He has not only stumbled badly in every one of these key areas, he has also displayed a weakness common among the greatest presidential failures - an unswerving adherence to a simplistic ideology that abjures deviation from dogma as heresy, thus preventing any pragmatic adjustment to changing realities. Repeatedly, Bush has undone himself, a failing revealed in each major area of presidential performance.


The Credibility Gap
No previous president appears to have squandered the public's trust more than Bush has. In the 1840s, President James Polk gained a reputation for deviousness over his alleged manufacturing of the war with Mexico and his supposedly covert pro-slavery views. Abraham Lincoln, then an Illinois congressman, virtually labeled Polk a liar when he called him, from the floor of the House, "a bewildered, confounded and miserably perplexed man" and denounced the war as "from beginning to end, the sheerest deception." But the swift American victory in the war, Polk's decision to stick by his pledge to serve only one term and his sudden death shortly after leaving office spared him the ignominy over slavery that befell his successors in the 1850s. With more than two years to go in Bush's second term and no swift victory in sight, Bush's reputation will probably have no such reprieve.

The problems besetting Bush are of a more modern kind than Polk's, suited to the television age - a crisis both in confidence and credibility. In 1965, Lyndon Johnson's Vietnam travails gave birth to the phrase "credibility gap," meaning the distance between a president's professions and the public's perceptions of reality. It took more than two years for Johnson's disapproval rating in the Gallup Poll to reach fifty-two percent in March 1968 - a figure Bush long ago surpassed, but that was sufficient to persuade the proud LBJ not to seek re-election. Yet recently, just short of three years after Bush buoyantly declared "mission accomplished" in Iraq, his disapproval ratings have been running considerably higher than Johnson's, at about sixty percent. More than half the country now considers Bush dishonest and untrustworthy, and a decisive plurality consider him less trustworthy than his predecessor, Bill Clinton - a figure still attacked by conservative zealots as "Slick Willie."

Previous modern presidents, including Truman, Reagan and Clinton, managed to reverse plummeting ratings and regain the public's trust by shifting attention away from political and policy setbacks, and by overhauling the White House's inner circles. But Bush's publicly expressed view that he has made no major mistakes, coupled with what even the conservative commentator William F. Buckley Jr. calls his "high-flown pronouncements" about failed policies, seems to foreclose the first option. Upping the ante in the Middle East and bombing Iranian nuclear sites, a strategy reportedly favored by some in the White House, could distract the public and gain Bush immediate political capital in advance of the 2006 midterm elections - but in the long term might severely worsen the already dire situation in Iraq, especially among Shiite Muslims linked to the Iranians. And given Bush's ardent attachment to loyal aides, no matter how discredited, a major personnel shake-up is improbable, short of indictments. Replacing Andrew Card with Joshua Bolten as chief of staff - a move announced by the president in March in a tone that sounded more like defiance than contrition - represents a rededication to current policies and personnel, not a serious change. (Card, an old Bush family retainer, was widely considered more moderate than most of the men around the president and had little involvement in policy-making.) The power of Vice President Dick Cheney, meanwhile, remains uncurbed. Were Cheney to announce he is stepping down due to health problems, normally a polite pretext for a political removal, one can be reasonably certain it would be because Cheney actually did have grave health problems.


Bush at War

Until the twentieth century, American presidents managed foreign wars well - including those presidents who prosecuted unpopular wars. James Madison had no support from Federalist New England at the outset of the War of 1812, and the discontent grew amid mounting military setbacks in 1813. But Federalist political overreaching, combined with a reversal of America's military fortunes and the negotiation of a peace with Britain, made Madison something of a hero again and ushered in a brief so-called Era of Good Feelings in which his Jeffersonian Republican Party coalition ruled virtually unopposed. The Mexican War under Polk was even more unpopular, but its quick and victorious conclusion redounded to Polk's favor - much as the rapid American victory in the Spanish-American War helped William McKinley overcome anti-imperialist dissent.

The twentieth century was crueler to wartime presidents. After winning re-election in 1916 with the slogan "He Kept Us Out of War," Woodrow Wilson oversaw American entry into the First World War. Yet while the doughboys returned home triumphant, Wilson's idealistic and politically disastrous campaign for American entry into the League of Nations presaged a resurgence of the opposition Republican Party along with a redoubling of American isolationism that lasted until Pearl Harbor.

Bush has more in common with post-1945 Democratic presidents Truman and Johnson, who both became bogged down in overseas military conflicts with no end, let alone victory, in sight. But Bush has become bogged down in a singularly crippling way. On September 10th, 2001, he held among the lowest ratings of any modern president for that point in a first term. (Only Gerald Ford, his popularity reeling after his pardon of Nixon, had comparable numbers.) The attacks the following day transformed Bush's presidency, giving him an extraordinary opportunity to achieve greatness. Some of the early signs were encouraging. Bush's simple, unflinching eloquence and his quick toppling of the Taliban government in Afghanistan rallied the nation. Yet even then, Bush wasted his chance by quickly choosing partisanship over leadership.

No other president - Lincoln in the Civil War, FDR in World War II, John F. Kennedy at critical moments of the Cold War - faced with such a monumental set of military and political circumstances failed to embrace the opposing political party to help wage a truly national struggle. But Bush shut out and even demonized the Democrats. Top military advisers and even members of the president's own Cabinet who expressed any reservations or criticisms of his policies - including retired Marine Corps Gen. Anthony Zinni and former Treasury Secretary Paul O'Neill - suffered either dismissal, smear attacks from the president's supporters or investigations into their alleged breaches of national security. The wise men who counseled Bush's father, including James Baker and Brent Scowcroft, found their entreaties brusquely ignored by his son. When asked if he ever sought advice from the elder Bush, the president responded, "There is a higher Father that I appeal to."

All the while, Bush and the most powerful figures in the administration, Vice President Dick Cheney and Defense Secretary Donald Rumsfeld, were planting the seeds for the crises to come by diverting the struggle against Al Qaeda toward an all-out effort to topple their pre-existing target, Saddam Hussein. In a deliberate political decision, the administration stampeded the Congress and a traumatized citizenry into the Iraq invasion on the basis of what has now been demonstrated to be tendentious and perhaps fabricated evidence of an imminent Iraqi threat to American security, one that the White House suggested included nuclear weapons. Instead of emphasizing any political, diplomatic or humanitarian aspects of a war on Iraq - an appeal that would have sounded too "sensitive," as Cheney once sneered - the administration built a "Bush Doctrine" of unprovoked, preventive warfare, based on speculative threats and embracing principles previously abjured by every previous generation of U.S. foreign policy-makers, even at the height of the Cold War. The president did so with premises founded, in the case of Iraq, on wishful thinking. He did so while proclaiming an expansive Wilsonian rhetoric of making the world safe for democracy - yet discarding the multilateralism and systems of international law (including the Geneva Conventions) that emanated from Wilson's idealism. He did so while dismissing intelligence that an American invasion could spark a long and bloody civil war among Iraq's fierce religious and ethnic rivals, reports that have since proved true. And he did so after repeated warnings by military officials such as Gen. Eric Shinseki that pacifying postwar Iraq would require hundreds of thousands of American troops - accurate estimates that Paul Wolfowitz and other Bush policy gurus ridiculed as "wildly off the mark."

When William F. Buckley, the man whom many credit as the founder of the modern conservative movement, writes categorically, as he did in February, that "one can't doubt that the American objective in Iraq has failed," then something terrible has happened. Even as a brash young iconoclast, Buckley always took the long view. The Bush White House seems incapable of doing so, except insofar as a tiny trusted circle around the president constantly reassures him that he is a messianic liberator and profound freedom fighter, on a par with FDR and Lincoln, and that history will vindicate his every act and utterance.


Bush at Home

Bush came to office in 2001 pledging to govern as a "compassionate conservative," more moderate on domestic policy than the dominant right wing of his party. The pledge proved hollow, as Bush tacked immediately to the hard right. Previous presidents and their parties have suffered when their actions have belied their campaign promises. Lyndon Johnson is the most conspicuous recent example, having declared in his 1964 run against the hawkish Republican Barry Goldwater that "we are not about to send American boys nine or ten thousand miles away from home to do what Asian boys ought to be doing for themselves." But no president has surpassed Bush in departing so thoroughly from his original campaign persona.

The heart of Bush's domestic policy has turned out to be nothing more than a series of massively regressive tax cuts - a return, with a vengeance, to the discredited Reagan-era supply-side faith that Bush's father once ridiculed as "voodoo economics." Bush crowed in triumph in February 2004, "We cut taxes, which basically meant people had more money in their pocket." The claim is bogus for the majority of Americans, as are claims that tax cuts have led to impressive new private investment and job growth. While wiping out the solid Clinton-era federal surplus and raising federal deficits to staggering record levels, Bush's tax policies have necessitated hikes in federal fees, state and local taxes, and co-payment charges to needy veterans and families who rely on Medicaid, along with cuts in loan programs to small businesses and college students, and in a wide range of state services. The lion's share of benefits from the tax cuts has gone to the very richest Americans, while new business investment has increased at a historically sluggish rate since the peak of the last business cycle five years ago. Private-sector job growth since 2001 has been anemic compared to the Bush administration's original forecasts and is chiefly attributable not to the tax cuts but to increased federal spending, especially on defense. Real wages for middle-income Americans have been dropping since the end of 2003: Last year, on average, nominal wages grew by only 2.4 percent, a meager gain that was completely erased by an average inflation rate of 3.4 percent.

The monster deficits, caused by increased federal spending combined with the reduction of revenue resulting from the tax cuts, have also placed Bush's administration in a historic class of its own with respect to government borrowing. According to the Treasury Department, the forty-two presidents who held office between 1789 and 2000 borrowed a combined total of $1.01 trillion from foreign governments and financial institutions. But between 2001 and 2005 alone, the Bush White House borrowed $1.05 trillion, more than all of the previous presidencies combined. Having inherited the largest federal surplus in American history in 2001, he has turned it into the largest deficit ever - with an even higher deficit, $423 billion, forecast for fiscal year 2006. Yet Bush - sounding much like Herbert Hoover in 1930 predicting that "prosperity is just around the corner" - insists that he will cut federal deficits in half by 2009, and that the best way to guarantee this would be to make permanent his tax cuts, which helped cause the deficit in the first place!

The rest of what remains of Bush's skimpy domestic agenda is either failed or failing - a record unmatched since the presidency of Herbert Hoover. The No Child Left Behind educational-reform act has proved so unwieldy, draconian and poorly funded that several states - including Utah, one of Bush's last remaining political strongholds - have fought to opt out of it entirely. White House proposals for immigration reform and a guest-worker program have succeeded mainly in dividing pro-business Republicans (who want more low-wage immigrant workers) from paleo-conservatives fearful that hordes of Spanish-speaking newcomers will destroy American culture. The paleos' call for tougher anti-immigrant laws - a return to the punitive spirit of exclusion that led to the notorious Immigration Act of 1924 that shut the door to immigrants from Southern and Eastern Europe - has in turn deeply alienated Hispanic voters from the Republican Party, badly undermining the GOP's hopes of using them to build a permanent national electoral majority. The recent pro-immigrant demonstrations, which drew millions of marchers nationwide, indicate how costly the Republican divide may prove.

The one noncorporate constituency to which Bush has consistently deferred is the Christian right, both in his selections for the federal bench and in his implications that he bases his policies on premillennialist, prophetic Christian doctrine. Previous presidents have regularly invoked the Almighty. McKinley is supposed to have fallen to his knees, seeking divine guidance about whether to take control of the Philippines in 1898, although the story may be apocryphal. But no president before Bush has allowed the press to disclose, through a close friend, his startling belief that he was ordained by God to lead the country. The White House's sectarian positions - over stem-cell research, the teaching of pseudoscientific "intelligent design," global population control, the Terri Schiavo spectacle and more - have led some to conclude that Bush has promoted the transformation of the GOP into what former Republican strategist Kevin Phillips calls "the first religious party in U.S. history."

Bush's faith-based conception of his mission, which stands above and beyond reasoned inquiry, jibes well with his administration's pro-business dogma on global warming and other urgent environmental issues. While forcing federally funded agencies to remove from their Web sites scientific information about reproductive health and the effectiveness of condoms in combating HIV/AIDS, and while peremptorily overruling staff scientists at the Food and Drug Administration on making emergency contraception available over the counter, Bush officials have censored and suppressed research findings they don't like by the Environmental Protection Agency, the Fish and Wildlife Service and the Department of Agriculture. Far from being the conservative he said he was, Bush has blazed a radical new path as the first American president in history who is outwardly hostile to science - dedicated, as a distinguished, bipartisan panel of educators and scientists (including forty-nine Nobel laureates) has declared, to "the distortion of scientific knowledge for partisan political ends."

The Bush White House's indifference to domestic problems and science alike culminated in the catastrophic responses to Hurricane Katrina. Scientists had long warned that global warming was intensifying hurricanes, but Bush ignored them - much as he and his administration sloughed off warnings from the director of the National Hurricane Center before Katrina hit. Reorganized under the Department of Homeland Security, the once efficient Federal Emergency Management Agency turned out, under Bush, to have become a nest of cronyism and incompetence. During the months immediately after the storm, Bush traveled to New Orleans eight times to promise massive rebuilding aid from the federal government. On March 30th, however, Bush's Gulf Coast recovery coordinator admitted that it could take as long as twenty-five years for the city to recover.

Karl Rove has sometimes likened Bush to the imposing, no-nonsense President Andrew Jackson. Yet Jackson took measures to prevent those he called "the rich and powerful" from bending "the acts of government to their selfish purposes." Jackson also gained eternal renown by saving New Orleans from British invasion against terrible odds. Generations of Americans sang of Jackson's famous victory. In 1959, Johnny Horton's version of "The Battle of New Orleans" won the Grammy for best country & western performance. If anyone sings about George W. Bush and New Orleans, it will be a blues number.


Presidential Misconduct

Virtually every presidential administration dating back to George Washington's has faced charges of misconduct and threats of impeachment against the president or his civil officers. The alleged offenses have usually involved matters of personal misbehavior and corruption, notably the payoff scandals that plagued Cabinet officials who served presidents Harding and Ulysses S. Grant. But the charges have also included alleged usurpation of power by the president and serious criminal conduct that threatens constitutional government and the rule of law - most notoriously, the charges that led to the impeachments of Andrew Johnson and Bill Clinton, and to Richard Nixon's resignation.

Historians remain divided over the actual grievousness of many of these allegations and crimes. Scholars reasonably describe the graft and corruption around the Grant administration, for example, as gargantuan, including a kickback scandal that led to the resignation of Grant's secretary of war under the shadow of impeachment. Yet the scandals produced no indictments of Cabinet secretaries and only one of a White House aide, who was acquitted. By contrast, the most scandal-ridden administration in the modern era, apart from Nixon's, was Ronald Reagan's, now widely remembered through a haze of nostalgia as a paragon of virtue. A total of twenty-nine Reagan officials, including White House national security adviser Robert McFarlane and deputy chief of staff Michael Deaver, were convicted on charges stemming from the Iran-Contra affair, illegal lobbying and a looting scandal inside the Department of Housing and Urban Development. Three Cabinet officers - HUD Secretary Samuel Pierce, Attorney General Edwin Meese and Secretary of Defense Caspar Weinberger - left their posts under clouds of scandal. In contrast, not a single official in the Clinton administration was even indicted over his or her White House duties, despite repeated high-profile investigations and a successful, highly partisan impeachment drive.

The full report, of course, has yet to come on the Bush
administration. Because Bush, unlike Reagan or Clinton, enjoys a fiercely partisan and loyal majority in Congress, his administration has been spared scrutiny. Yet that mighty advantage has not prevented the indictment of Vice President Dick Cheney's chief of staff, I. Lewis "Scooter" Libby, on charges stemming from an alleged major security breach in the Valerie Plame matter. (The last White House official of comparable standing to be indicted while still in office was Grant's personal secretary, in 1875.) It has not headed off the unprecedented scandal involving Larry Franklin, a high-ranking Defense Department official, who has pleaded guilty to divulging classified information to a foreign power while working at the Pentagon - a crime against national security. It has not forestalled the arrest and indictment of Bush's top federal procurement official, David Safavian, and the continuing investigations into Safavian's intrigues with the disgraced Republican lobbyist Jack Abramoff, recently sentenced to nearly six years in prison - investigations in which some prominent Republicans, including former Christian Coalition executive director Ralph Reed (and current GOP aspirant for lieutenant governor of Georgia) have already been implicated, and could well produce the largest congressional corruption scandal in American history. It has not dispelled the cloud of possible indictment that hangs over others of Bush's closest advisers.

History may ultimately hold Bush in the greatest contempt for expanding the powers of the presidency beyond the limits laid down by the U.S. Constitution. There has always been a tension over the constitutional roles of the three branches of the federal government. The Framers intended as much, as part of the system of checks and balances they expected would minimize tyranny. When Andrew Jackson took drastic measures against the nation's banking system, the Whig Senate censured him for conduct "dangerous to the liberties of the people." During the Civil War, Abraham Lincoln's emergency decisions to suspend habeas corpus while Congress was out of session in 1861 and 1862 has led some Americans, to this day, to regard him as a despot. Richard Nixon's conduct of the war in Southeast Asia and his covert domestic-surveillance programs prompted Congress to pass new statutes regulating executive power.

By contrast, the Bush administration - in seeking to restore what Cheney, a Nixon administration veteran, has called "the legitimate authority of the presidency" - threatens to overturn the Framers' healthy tension in favor of presidential absolutism. Armed with legal findings by his attorney general (and personal lawyer) Alberto Gonzales, the Bush White House has declared that the president's powers as commander in chief in wartime are limitless. No previous wartime president has come close to making so grandiose a claim. More specifically, this administration has asserted that the president is perfectly free to violate federal laws on such matters as domestic surveillance and the torture of detainees. When Congress has passed legislation to limit those assertions, Bush has resorted to issuing constitutionally dubious "signing statements," which declare, by fiat, how he will interpret and execute the law in question, even when that interpretation flagrantly violates the will of Congress. Earlier presidents, including Jackson, raised hackles by offering their own view of the Constitution in order to justify vetoing congressional acts. Bush doesn't bother with that: He signs the legislation (eliminating any risk that Congress will overturn a veto), and then governs how he pleases - using the signing statements as if they were line-item vetoes. In those instances when Bush's violations of federal law have come to light, as over domestic surveillance, the White House has devised a novel solution: Stonewall any investigation into the violations and bid a compliant Congress simply to rewrite the laws.

Bush's alarmingly aberrant take on the Constitution is ironic. One need go back in the record less than a decade to find prominent Republicans railing against far more minor presidential legal infractions as precursors to all-out totalitarianism. "I will have no part in the creation of a constitutional double-standard to benefit the president," Sen. Bill Frist declared of Bill Clinton's efforts to conceal an illicit sexual liaison. "No man is above the law, and no man is below the law - that's the principle that we all hold very dear in this country," Rep. Tom DeLay asserted. "The rule of law protects you and it protects me from the midnight fire on our roof or the 3 a.m. knock on our door," warned Rep. Henry Hyde, one of Clinton's chief accusers. In the face of Bush's more definitive dismissal of federal law, the silence from these quarters is deafening.

The president's defenders stoutly contend that war-time conditions fully justify Bush's actions. And as Lincoln showed during the Civil War, there may be times of military emergency where the executive believes it imperative to take immediate, highly irregular, even unconstitutional steps. "I felt that measures, otherwise unconstitutional, might become lawful," Lincoln wrote in 1864, "by becoming indispensable to the preservation of the Constitution, through the preservation of the nation." Bush seems to think that, since 9/11, he has been placed, by the grace of God, in the same kind of situation Lincoln faced. But Lincoln, under pressure of daily combat on American soil against fellow Americans, did not operate in secret, as Bush has. He did not claim, as Bush has, that his emergency actions were wholly regular and constitutional as well as necessary; Lincoln sought and received Congressional authorization for his suspension of habeas corpus in 1863. Nor did Lincoln act under the amorphous cover of a "war on terror" - a war against a tactic, not a specific nation or political entity, which could last as long as any president deems the tactic a threat to national security. Lincoln's exceptional measures were intended to survive only as long as the Confederacy was in rebellion. Bush's could be extended indefinitely, as the president sees fit, permanently endangering rights and liberties guaranteed by the Constitution to the citizenry.


Much as Bush still enjoys support from those who believe he can do no wrong, he now suffers opposition from liberals who believe he can do no right. Many of these liberals are in the awkward position of having supported Bush in the past, while offering little coherent as an alternative to Bush's policies now. Yet it is difficult to see how this will benefit Bush's reputation in history.

The president came to office calling himself "a uniter, not a divider" and promising to soften the acrimonious tone in Washington. He has had two enormous opportunities to fulfill those pledges: first, in the noisy aftermath of his controversial election in 2000, and, even more, after the attacks of September 11th, when the nation pulled behind him as it has supported no other president in living memory. Yet under both sets of historically unprecedented circumstances, Bush has chosen to act in ways that have left the country less united and more divided, less conciliatory and more acrimonious - much like James Buchanan, Andrew Johnson and Herbert Hoover before him. And, like those three predecessors, Bush has done so in the service of a rigid ideology that permits no deviation and refuses to adjust to changing realities. Buchanan failed the test of Southern secession, Johnson failed in the face of Reconstruction, and Hoover failed in the face of the Great Depression. Bush has failed to confront his own failures in both domestic and international affairs, above all in his ill-conceived responses to radical Islamic terrorism. Having confused steely resolve with what Ralph Waldo Emerson called "a foolish consistency . . . adored by little statesmen," Bush has become entangled in tragedies of his own making, compounding those visited upon the country by outside forces.

No historian can responsibly predict the future with absolute certainty. There are too many imponderables still to come in the two and a half years left in Bush's presidency to know exactly how it will look in 2009, let alone in 2059. There have been presidents - Harry Truman was one - who have left office in seeming disgrace, only to rebound in the estimates of later scholars. But so far the facts are not shaping up propitiously for George W. Bush. He still does his best to deny it. Having waved away the lessons of history in the making of his decisions, the present-minded Bush doesn't seem to be concerned about his place in history. "History. We won't know," he told the journalist Bob Woodward in 2003. "We'll all be dead."

Another president once explained that the judgments of history cannot be defied or dismissed, even by a president. "Fellow citizens, we cannot escape history," said Abraham Lincoln. "We of this Congress and this administration, will be remembered in spite of ourselves. No personal significance, or insignificance, can spare one or another of us. The fiery trial through which we pass, will light us down, in honor or dishonor, to the latest generation."
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Posted by Victorian Muse at 3:50 PM - 2 Comments   Add a Comment  
 

 New Deal for Contracting: It's About Time!
 

Stephen Barr writes of a bipartisan bill intended to clean up the contracting fraud, corruption and strengthen oversight and control.
I encourage everyone to write to their Congresspersons and Senators regarding the need for such strong legislation and enforcement of such legislation as well as existing laws and policies which were intended to stop corruption, revolving door use and have not been enforced consistently, if at all, for some time.
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New Deal for Contracting
By Stephen Barr
Friday, November 9, 2007; D01
The Senate has approved a bipartisan bill to tighten up scandal-prone contracting practices across government, spurred by the troubled cleanup after Hurricane Katrina and wasteful spending on Iraq war reconstruction.
The bill would mandate steps to strengthen the federal acquisition workforce, which was hollowed out in the 1990s by budget cuts and downsizing. It would also establish a government-wide acquisition intern program to help recruit contract specialists and create an executive position in the Office of Management and Budget to oversee and nurture the acquisition workforce.
Members of Congress are increasingly concerned about contracts that the government has been awarding with little or no competition. They believe it needs to adopt practices that promote accountability and transparency. Changes to the procurement system could be made this year and next.
Another possible avenue for these changes is a defense bill that authorizes weapons and military programs for this fiscal year. House and Senate negotiators are trying to wrap up that bill, which will probably include some government-wide provisions to curb waste and fraud in procurement. However, it faces a veto threat over provisions not related to procurement.
The Senate bill, which would cover all federal agencies, was approved late Wednesday on a voice vote with no debate. It is sponsored by Sens. Susan M. Collins (R-Maine) and Joseph I. Lieberman (I-Conn.) The House approved a bill in March that would clamp down on contract abuse across the government. Its chief sponsor is Rep. Henry A. Waxman (D-Calif.).
A number of provisions in the bills are drawn from information collected during an 18-month review by an advisory panel Congress created in 2003, and from reports issued by inspectors general and the Government Accountability Office.
The government spends about $400 billion annually on goods and services. About half of that amount is awarded through no-bid or limited-competition contracts, or ones that fall short of the goal of full and open competition, according to Collins and Lieberman.
"Whether the problem is purchases of unusable trailers for hurricane victims, shoddy construction of schools and clinics in Iraq, or abuse of purchase cards by government employees, we must do a better job of protecting taxpayer dollars," Collins said.
Lieberman said that "the problem will only worsen in the years ahead" and that the government and contractors "have a responsibility to do a better job than they are now."
The Senate bill seeks to address the growth in task-order contracts, which carry basic terms and conditions and are used by agencies to place orders for specific goods and services.
It would require agencies to run competitions for all task orders worth more than $100,000. For orders of more than $5 million, agencies would have to include more information in the contract's statement of work than is currently required. Agencies also could not award a task-order contract for more than $100 million to only one vendor without publication of justification and approval documents on federal Web sites.
Senate bill supporters think the most beneficial changes in the long term are those aimed at strengthening the acquisition workforce. Many agency contract offices are thinly staffed, and about half of the most experienced hands -- those with more than 15 years of service -- will become eligible to retire in the next four years.
The Senate bill would require agencies to develop plans for hiring and training a new generation of contract specialists and establish an intern program. The House bill would require agencies to dedicate 1 percent of their contracting budgets to workforce development and hiring.
Because the bills strike similar themes, House and Senate aides said that it should be possible to forge a compromise. But they declined to predict when an agreement might be reached, given the end-of-the-year workload facing Congress.
Stephen Barr's e-mail address isbarrs@washpost.com.

Posted by Victorian Muse at 8:28 PM - No Comments   Add a Comment  
 
 Treasury Dept. Deletes Whistleblower Info from Report
 

Whistleblower' s Information Deleted by Treasury Department Before Report
Went to Congress

"This case is about the Bush Administration censoring the information
available to the Congress and the American people, who are paying for these
loans" - Jeff Ruch, PEER

09.28.04

In 2002, John M. Fitzgerald was the sole environmental analyst at the U.S.
Agency for International Development (USAID), monitoring reviews and
compliance on complex overseas development projects funded by loans that
included U.S. dollars. That September, USAID eliminated his position without
warning, and Fitzgerald was forced to leave.

Suspecting that the move was retaliation for his attempts to report legal
violations and environmental mismanagement to Congress, Fitzgerald filed a
complaint with the Merit Systems Protection Board, a civil service court.

On September 1, the Board agreed with Fitzgerald, ruling that his
disclosures were protected under the Whistleblower Protection Act, and that
making them contributed to the elimination of his job. He is now entitled to
a full hearing to determine if he is to be reinstated, along with possible
financial compensation.

Andrew Natsios,
Administrator for USAID

Fitzgerald named several federal officials in his complaint, including Bush
administration appointees Andrew Natsios, Administrator for USAID, and John
Taylor, the U.S. Treasury Department Undersecretary for International
Affairs.

Fitzgerald charged that USAID gave in to pressure from the Treasury
Department, which was seeking approval to finance energy projects in South
America, Africa and Eastern Europe. Fitzgerald had been preparing reports
detailing a pervasive lack of environmental reviews, poor planning for
likely environmental problems, and a failure to consider alternatives to
highly environmentally destructive proposals. [1]

In an analysis of a proposed Chad-Cameroon oil pipeline project, Fitzgerald
wrote that the pipeline developers themselves had done the environmental
assessment, rather than the governments involved, as required by the World
Bank (which was helping to finance the project).

He noted that issues such as financial and legal responsibility for oil
spills, creation of parks and wildlife habitat to compensate for the areas
lost to the project, and the impacts on indigenous and poor peoples were not
being addressed.

Treasury officials removed this information from Fitzgerald's report before
it was delivered to Congress. [2]

“This case is about the Bush Administration censoring the information
available to the Congress and the American people, who are paying for these
loans,” stated PEER Executive director Jeff Ruch, noting that since
Fitzgerald’s departure the required bi-annual reports to Congress have
ceased. “These reviews are supposed to prevent needless environmental
catastrophes in countries desperate for investment.”

A U.S. law--the "Pelosi Amendment" to the International Development and
Finance Act of 1989-- requires U.S. representatives to international
development banks, such as the World Bank, to deny U.S. support to projects
that have not had environmental reviews.

The Pelosi Amendment requires biannual reports to Congress. Since
Fitzgerald's departure two years ago, no reports have been made. [3]

President George W. Bush created the Center for Faith Based Initiatives at
USAID by executive order on December 12, 2002 in order to work to level the
playing field so that faith-based and community-based groups could compete
for funding on a level playing field with other organizations. The Center
and its staff of five are located within the Administrator' s Bureau at USAID
in Washington DC.

(Posted originally by a Whistleblower on Whistleblower411 on Yahoo.com Groups, 11-10-07. I had not heard this before, so decided to share it here.)

__._,_.___
Posted by Victorian Muse at 8:27 PM - No Comments   Add a Comment  
 

 Admin & DOJ Block Whistleblower Fraud Suits
 

Bush Administration, DOJ Blocking Iraq Fraud Suits
By Matt Renner
t r u t h o u t | Report
Wednesday 26 September 2007
Peter Keisler, the acting US attorney general, covered up evidence of alleged widespread contracting fraud in Iraq by preventing whistleblowers' complaints from being investigated, according to a prominent fraud attorney.
Alan Grayson, an attorney who has represented scores of whistleblowers in suits against companies that were awarded hundreds of millions of dollars in government contracts related to Iraq reconstruction, blamed the Bush administration for the lack of government action on Iraq fraud.
In an interview with Truthout, Grayson said Keisler has purposely delayed investigations into Iraq contractor fraud because of Keisler's political allegiance to the Bush administration. Keisler has refused to prosecute whistleblower lawsuits because Bush "does not want more bad news coming out of Iraq," Grayson said, adding "to have an entire class of cases treated this way is truly unprecedented. I've been doing this for 20 years and I've never seen it before."
Keisler was appointed by President Bush to serve as the acting attorney general after Alberto Gonzales resigned in September. In July 2003, Keisler, became the assistant attorney general in charge of the civil division, roughly three months after the invasion of Iraq. Among its responsibilities, the civil division of the Department of Justice (DOJ) is tasked with enforcing contract fraud laws and investigating whistleblower complaints. A former law clerk for Judge Robert Bork and former Regan administration lawyer, Keisler is a co-founder of the conservative Federalist Society.
During his time at DOJ, Keisler led the Bush administration's successful legal fight to deny habeas corpus rights for prisoners held at the Guantanamo Bay detention facility. Keisler recently resigned his post as assistant attorney general, saying he planned to spend time with his family. Keisler was nominated by the Bush administration to serve as a Federal Judge on the Washington DC Court of Appeals in 2006, but the Senate has not yet taken up his confirmation. He has failed to be confirmed by the Senate in two previous appointment attempts by Bush.
At a Senate Democratic Policy Committee hearing September 21 on Iraq war contractors, Senator Byron Dorgan (D-N. Dakota) said there "has been a staggering amount of contract abuse, the worst in our history."
In a hearing last week, Congressman Ike Skelton, chairman of the House Armed Services Committee, said Iraq contractor fraud remains a serious issue. "As has been reported in the press, the Inspector General and the Army have uncovered a cluster of fraud and corruption problems arising out of a series of support contracts, many of which were let from an office in Kuwait. As of August 28, the Army reported that it had 76 cases of fraud and corruption under investigation, had obtained 20 indictments, and had uncovered over $15 million in bribes. The people involved ranged from civilians and enlisted military personnel to relatively senior officers," Skelton said.
Yet, under Keisler's leadership, the DOJ civil division has refused to join any whistleblower suits against Iraq war contractors. DOJ work on behalf of whistleblower lawsuits against companies in other sectors has continued unabated.
The DOJ did not return calls for comment.
Keisler apparently took responsibility for the lack of Iraq fraud prosecutions in a keynote speech to the Taxpayers Against Fraud watchdog organization. The speech, however, was "off the record" and a transcript has not been made publicly available.
During his appearance before the Senate Democratic Policy Committee, Grayson said "Under the False Claims Act, the Attorney General is supposed to join with whistleblowers to prosecute and punish war profiteers. The sad truth is that the Bush Administration has not even tried to do this. On the contrary, it has done all it could to prevent this." The DOJ has not joined a single Iraq contracting fraud case brought by a whistleblower to date.
Under the False Claims Act, established by President Lincoln as a result of fraud and war profiteering during the civil war, any citizen has the ability to sue a company for fraud on behalf of the US government. In what is know as a qui tam action, a whistleblower can recoup legal fees and a percentage of the money the lawsuit recovers for the government. When a qui tam action is brought by a whistleblower, it is placed under seal to allow the government to review the case and to investigate the accused company in secret.
The DOJ has refused to join 12 such cases and an estimated 50-70 cases remain under seal. By delaying their decision on whether or not to join these cases, the DOJ has kept whistleblowers and their lawyers from going public with their fraud accusations and has kept the accused companies out of court.
Despite a rejection from the government, Grayson has decided to move forward with five of his pending cases against Iraq war contractors, three against the Halliburton Company and two against Custer Battles LLC.
Beth Daley, the director of the Project on Government Oversight, described the DOJ's lack of action on Iraq fraud cases as "breathtaking," and as "a travesty of justice." According to Daley, "When you see what has happened with the Iraq fraud cases, you have to wonder if the DOJ has succumbed to political partisan interests rather than fighting corruption, which is their mission. This has huge implications for our democracy; to lose the most important corruption fighting agency to political agendas would be quite sad. It means that corruption has been allowed to fester."
According to Patrick Burns, a spokesman for Taxpayers Against Fraud, the DOJ has suffered from a lack of staff and resources. Burns says the DOJ has a huge waiting list for fraud cases filed by whistleblowers. Burns added, "the DOJ civil division is a-political. Keisler is as straight a stick as you will get. He is a good lawyer and I have never felt the slightest subterfuge from him."
Previously, Burns told the Boston Globe, "Basically, they [the US government] have done nothing, and it is hard to explain what is going on there, other than direct orders from the very top of government," Burns continued, "It can no longer be explained by incompetence alone."

Matt Renner is an assistant editor and Washington reporter for Truthout.
Posted by Victorian Muse at 1:26 PM - 1 Comment   Add a Comment  
 
 Revolving Doors & Contract Awards
 

Defense Contract Award Protested
By Walter F. Roche Jr.
The Los Angeles Times
Friday 26 October 2007
Washington - A Defense Department medical services contract worth up to $790 million was awarded last month to a Wisconsin-based company three months after it hired a former Bush administration appointee who had supervised military health programs at the Pentagon for the last six years.
William Winkenwerder Jr., assistant secretary of Defense for health affairs from 2001 until April, joined Logistics Health Inc. as a director and consultant in June. The firm beat out two other bidders with proposals that ranged from $80 million to $100 million less, records show. Under the new contract, Logistics Health will provide immunizations and physical and dental exams for reservists and National Guard members.
Logistics Health of LaCrosse, Wis., is headed by another ex-official of the Bush administration - former Secretary of Health and Human Services Tommy Thompson.
"They stacked the deck," said Fran Lessans, president of Passport Health, one of the losing bidders. Her Baltimore-based firm lost despite a bid projected over five years to cost nearly $100 million less than Logistics Health's winning proposal.
"It was wired. There is no doubt in my mind," Lessans said of the Defense procurement process.
Two other firms involved in the bidding have filed formal protests with the Government Accountability Office. A draft copy of one protest letter, reviewed by The Times, cited Winkenwerder's role and complained that the winning bidder may have "gained unequal access to information not available to other competitors" by hiring the former Pentagon official.
"This creates an organizational conflict of interest and potentially constitutes prohibited contact," the draft letter said.
Winkenwerder called such allegations inaccurate and untruthful. In e-mail responses to The Times, he said he had nothing to do with the procurement process or the selection of Logistics Health. He also said he had not begun contacts with Logistics officials about the directorship and consulting job until after he had resigned his Defense Department post.
His role at Logistics Health is to provide advice, he said, "on a variety of issues that are of concern and priority to the company. Government rules do not prohibit such advice in any way."
The rules bar him from contacting his former Pentagon colleagues on Logistics' behalf, "and I have followed those rules scrupulously. Further I support such rules and place a high importance on strict ethical behavior in all of my conduct."
Diana Henry, a spokeswoman for Logistics Health, said in a written statement that the company "conducts all of its business activities in a highly ethical and professional manner."
The contract, awarded in September, supports the Defense Department's Reserve Health Readiness Program. In prepared remarks for a subcommittee of the House Armed Services Committee two years ago, Winkenwerder said the program's goal was "to identify and proactively assist service members in getting needed support for deployment-related concerns." Besides routine exams, the program will provide full medical assessments to reservists and Guard members returning from Iraq and Afghanistan.
Logistics Health will be paid an estimated $151 million for the first year of a contract that can be renewed annually and extended up to five years at a total cost of about $790 million.
In other letters of protest filed with the GAO, officials of rival firms also charged that Logistics won the pact despite questions raised about its performance under a previous agreement with the Department of Health and Human Services. That pact, originally awarded in 2001, only applied to the Army, while the new one includes the Navy, Air Force and Marines.
Kenneth Moskowitz, an attorney for the Pennsylvania-based United States Military Dental Corp., said in an Oct. 12 letter that Logistics' prior performance and practices under the Health and Human Services contract "put reservists and National Guardsmen at possible undue risk."
He told the GAO that "no one was assigned to specifically monitor the level of care" received by military personnel and that the company operated with "a built-in incentive to lower provider cost for added profit." The Pennsylvania company was a subcontractor for Comprehensive Health Services of Florida, one of the failed bidders.
A spokesman for the Defense Department, citing the pending protests, declined to respond to a series of detailed questions about the contract and the selection process.
Records reviewed by The Times show that the Logistics Health bid also survived a major last-minute change when partner QTC Management abruptly withdrew days before the contract was awarded.
QTC Chairman Anthony J. Principi, another former Bush appointee, was secretary of Veterans Affairs.
The GAO has until early January to act on the protests.
The Defense Department gave initial notice of its intent to put the newly expanded program out to bid in October 2006.
Winkenwerder resigned from his Pentagon post April 16, and his appointment to the Logistics board was announced May 31. It became effective the next day. In announcing Winkenwerder's appointment, Thompson said: "He brings with him a wealth of knowledge and also shares LHI's commitment of helping military members receive the healthcare and support they deserve. He is a tremendous addition to our board of directors."
The formal notice of the bidding process was issued June 12. Bids were due July 26. On Sept. 10, QTC formally withdrew from the Logistics proposal. And on Sept. 25, the contract was awarded to Logistics.
-------

Posted by Victorian Muse at 1:24 PM - No Comments   Add a Comment  
 
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  About Me
Author: Victorian Muse
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