Apr 15, 2010

Ill Fares the Land | The New York Review of Books

Ill fares the land, to hast'ning ill a prey,Image by crispyking via Flickr

by Tony Judt

Something is profoundly wrong with the way we live today. For thirty years we have made a virtue out of the pursuit of material self-interest: indeed, this very pursuit now constitutes whatever remains of our sense of collective purpose. We know what things cost but have no idea what they are worth. We no longer ask of a judicial ruling or a legislative act: Is it good? Is it fair? Is it just? Is it right? Will it help bring about a better society or a better world? Those used to be the political questions, even if they invited no easy answers. We must learn once again to pose them.

The materialistic and selfish quality of contemporary life is not inherent in the human condition. Much of what appears “natural” today dates from the 1980s: the obsession with wealth creation, the cult of privatization and the private sector, the growing disparities of rich and poor. And above all, the rhetoric that accompanies these: uncritical admiration for unfettered markets, disdain for the public sector, the delusion of endless growth.

We cannot go on living like this. The little crash of 2008 was a reminder that unregulated capitalism is its own worst enemy: sooner or later it must fall prey to its own excesses and turn again to the state for rescue. But if we do no more than pick up the pieces and carry on as before, we can look forward to greater upheavals in years to come.

And yet we seem unable to conceive of alternatives. This too is something new. Until quite recently, public life in liberal societies was conducted in the shadow of a debate between defenders of “capitalism” and its critics: usually identified with one or another form of “socialism.” By the 1970s this debate had lost much of its meaning for both sides; all the same, the “left–right” distinction served a useful purpose. It provided a peg on which to hang critical commentary about contemporary affairs.

On the left, Marxism was attractive to generations of young people if only because it offered a way to take one’s distance from the status quo. Much the same was true of classical conservatism: a well-grounded distaste for over-hasty change gave a home to those reluctant to abandon long-established routines. Today, neither left nor right can find their footing.

For thirty years students have been complaining to me that “it was easy for you”: your generation had ideals and ideas, you believed in something, you were able to change things. “We” (the children of the Eighties, the Nineties, the “Aughts”) have nothing. In many respects my students are right. It was easy for us—just as it was easy, at least in this sense, for the generations who came before us. The last time a cohort of young people expressed comparable frustration at the emptiness of their lives and the dispiriting purposelessness of their world was in the 1920s: it is not by chance that historians speak of a “lost generation.”

If young people today are at a loss, it is not for want of targets. Any conversation with students or schoolchildren will produce a startling checklist of anxieties. Indeed, the rising generation is acutely worried about the world it is to inherit. But accompanying these fears there is a general sentiment of frustration: “we” know something is wrong and there are many things we don’t like. But what can we believe in? What should we do?

This is an ironic reversal of the attitudes of an earlier age. Back in the era of self-assured radical dogma, young people were far from uncertain. The characteristic tone of the 1960s was that of overweening confidence: we knew just how to fix the world. It was this note of unmerited arrogance that partly accounts for the reactionary backlash that followed; if the left is to recover its fortunes, some modesty will be in order. All the same, you must be able to name a problem if you wish to solve it.

I wrote my book Ill Fares the Land for young people on both sides of the Atlantic. American readers may be struck by the frequent references to social democracy. Here in the United States, such references are uncommon. When journalists and commentators advocate public expenditure on social objectives, they are more likely to describe themselves—and be described by their critics—as “liberals.” But this is confusing. “Liberal” is a venerable and respectable label and we should all be proud to wear it. But like a well-designed outer coat, it conceals more than it displays.

A liberal is someone who opposes interference in the affairs of others: who is tolerant of dissenting attitudes and unconventional behavior. Liberals have historically favored keeping other people out of our lives, leaving individuals the maximum space in which to live and flourish as they choose. In their extreme form, such attitudes are associated today with self-styled “libertarians,” but the term is largely redundant. Most genuine liberals remain disposed to leave other people alone.

Social democrats, on the other hand, are something of a hybrid. They share with liberals a commitment to cultural and religious tolerance. But in public policy social democrats believe in the possibility and virtue of collective action for the collective good. Like most liberals, social democrats favor progressive taxation in order to pay for public services and other social goods that individuals cannot provide themselves; but whereas many liberals might see such taxation or public provision as a necessary evil, a social democratic vision of the good society entails from the outset a greater role for the state and the public sector.

Understandably, social democracy is a hard sell in the United States. One of my goals is to suggest that government can play an enhanced role in our lives without threatening our liberties—and to argue that, since the state is going to be with us for the foreseeable future, we would do well to think about what sort of a state we want. In any case, much that was best in American legislation and social policy over the course of the twentieth century—and that we are now urged to dismantle in the name of efficiency and “less government”—corresponds in practice to what Europeans have called “social democracy.” Our problem is not what to do; it is how to talk about it.

The European dilemma is somewhat different. Many European countries have long practiced something resembling social democracy: but they have forgotten how to preach it. Social democrats today are defensive and apologetic. Critics who claim that the European model is too expensive or economically inefficient have been allowed to pass unchallenged. And yet, the welfare state is as popular as ever with its beneficiaries: nowhere in Europe is there a constituency for abolishing public health services, ending free or subsidized education, or reducing public provision of transport and other essential services.

I want to challenge conventional wisdom on both sides of the Atlantic. To be sure, the target has softened considerably. In the early years of this century, the “Washington consensus” held the field. Everywhere you went there was an economist or “expert” expounding the virtues of deregulation, the minimal state, and low taxation. Anything, it seemed, that the public sector could do, private individuals could do better.

The Washington doctrine was everywhere greeted by ideological cheerleaders: from the profiteers of the “Irish miracle” (the property-bubble boom of the “Celtic Tiger”) to the doctrinaire ultra-capitalists of former Communist Europe. Even “old Europeans” were swept up in the wake. The EU’s free- market project (the so-called “Lisbon agenda”); the enthusiastic privatization plans of the French and German governments: all bore witness to what its French critics described as the new ” pensĂ©e unique.”

Today there has been a partial awakening. To avert national bankruptcies and wholesale banking collapse, governments and central bankers have performed remarkable policy reversals, liberally dispersing public money in pursuit of economic stability and taking failed companies into public control without a second thought. A striking number of free-market economists, worshipers at the feet of Milton Friedman and his Chicago colleagues, have lined up to don sackcloth and ashes and swear allegiance to the memory of John Maynard Keynes.

This is all very gratifying. But it hardly constitutes an intellectual revolution. Quite the contrary: as the response of the Obama administration suggests, the reversion to Keynesian economics is but a tactical retreat. Much the same may be said of New Labour, as committed as ever to the private sector in general and the London financial markets in particular. To be sure, one effect of the crisis has been to dampen the ardor of continental Europeans for the “Anglo-American model”; but the chief beneficiaries have been those same center-right parties once so keen to emulate Washington.

In short, the practical need for strong states and interventionist governments is beyond dispute. But no one is “re-thinking” the state. There remains a marked reluctance to defend the public sector on grounds of collective interest or principle. It is striking that in a series of European elections following the financial meltdown, social democratic parties consistently did badly; notwithstanding the collapse of the market, they proved conspicuously unable to rise to the occasion.

If it is to be taken seriously again, the left must find its voice. There is much to be angry about: growing inequalities of wealth and opportunity; injustices of class and caste; economic exploitation at home and abroad; corruption and money and privilege occluding the arteries of democracy. But it will no longer suffice to identify the shortcomings of “the system” and then retreat, Pilate-like, indifferent to consequences. The irresponsible rhetorical grandstanding of decades past did not serve the left well.

We have entered an age of insecurity—economic insecurity, physical insecurity, political insecurity. The fact that we are largely unaware of this is small comfort: few in 1914 predicted the utter collapse of their world and the economic and political catastrophes that followed. Insecurity breeds fear. And fear—fear of change, fear of decline, fear of strangers and an unfamiliar world—is corroding the trust and interdependence on which civil societies rest.

All change is disruptive. We have seen that the specter of terrorism is enough to cast stable democracies into turmoil. Climate change will have even more dramatic consequences. Men and women will be thrown back upon the resources of the state. They will look to their political leaders and representatives to protect them: open societies will once again be urged to close in upon themselves, sacrificing freedom for “security.” The choice will no longer be between the state and the market, but between two sorts of state. It is thus incumbent upon us to reconceive the role of government. If we do not, others will.

The Way We Live Now

All around us, even in a recession, we see a level of individual wealth unequaled since the early years of the twentieth century. Conspicuous consumption of redundant consumer goods—houses, jewelry, cars, clothing, tech toys—has greatly expanded over the past generation. In the US, the UK, and a handful of other countries, financial transactions have largely displaced the production of goods or services as the source of private fortunes, distorting the value we place upon different kinds of economic activity. The wealthy, like the poor, have always been with us. But relative to everyone else, they are today wealthier and more conspicuous than at any time in living memory. Private privilege is easy to understand and describe. It is rather harder to convey the depths of public squalor into which we have fallen.

Private Affluence, Public Squalor

No society can surely be flourishing and happy, of which the far greater part of the members are poor and miserable.

—Adam Smith

Poverty is an abstraction, even for the poor. But the symptoms of collective impoverishment are all about us. Broken highways, bankrupt cities, collapsing bridges, failed schools, the unemployed, the underpaid, and the uninsured: all suggest a collective failure of will. These shortcomings are so endemic that we no longer know how to talk about what is wrong, much less set about repairing it. And yet something is seriously amiss. Even as the US budgets tens of billions of dollars on a futile military campaign in Afghanistan, we fret nervously at the implications of any increase in public spending on social services or infrastructure.

To understand the depths to which we have fallen, we must first appreciate the scale of the changes that have overtaken us. From the late nineteenth century until the 1970s, the advanced societies of the West were all becoming less unequal. Thanks to progressive taxation, government subsidies for the poor, the provision of social services, and guarantees against acute misfortune, modern democracies were shedding extremes of wealth and poverty.

To be sure, great differences remained. The essentially egalitarian countries of Scandinavia and the considerably more diverse societies of southern Europe remained distinctive; and the English-speaking lands of the Atlantic world and the British Empire continued to reflect long-standing class distinctions. But each in its own way was affected by the growing intolerance of immoderate inequality, initiating public provision to compensate for private inadequacy.

Over the past thirty years we have thrown all this away. To be sure, “we” varies with country. The greatest extremes of private privilege and public indifference have resurfaced in the US and the UK: epicenters of enthusiasm for deregulated market capitalism. Although countries as far apart as New Zealand and Denmark, France and Brazil have expressed periodic interest in deregulation, none has matched Britain or the United States in their unwavering thirty-year commitment to the unraveling of decades of social legislation and economic oversight.

In 2005, 21.2 percent of US national income accrued to just 1 percent of earners. Contrast 1968, when the CEO of General Motors took home, in pay and benefits, about sixty-six times the amount paid to a typical GM worker. Today the CEO of Wal-Mart earns nine hundred times the wages of his average employee. Indeed, the wealth of the Wal-Mart founder’s family in 2005 was estimated at about the same ($90 billion) as that of the bottom 40 percent of the US population: 120 million people.

The UK too is now more unequal—in incomes, wealth, health, education, and life chances—than at any time since the 1920s. There are more poor children in the UK than in any other country of the European Union. Since 1973, inequality in take-home pay increased more in the UK than anywhere except the US. Most of the new jobs created in Britain in the years 1977–2007 were at either the very high or the very low end of the pay scale.

The consequences are clear. There has been a collapse in intergenerational mobility: in contrast to their parents and grandparents, children today in the UK as in the US have very little expectation of improving upon the condition into which they were born. The poor stay poor. (See Figures 1 and 2.) Economic disadvantage for the overwhelming majority translates into ill health, missed educational opportunity, and—increasingly—the familiar symptoms of depression: alcoholism, obesity, gambling, and minor criminality. The unemployed or underemployed lose such skills as they have acquired and become chronically superfluous to the economy. Anxiety and stress, not to mention illness and early death, frequently follow.

Income disparity exacerbates the problems. Thus the incidence of mental illness correlates closely to income in the US and the UK, whereas the two indices are quite unrelated in all continental European countries. Even trust, the faith we have in our fellow citizens, corresponds negatively with differences in income: between 1983 and 2001, mistrustfulness increased markedly in the US, the UK, and Ireland—three countries in which the dogma of unregulated individual self-interest was most assiduously applied to public policy. In no other country was a comparable increase in mutual mistrust to be found.

Even within individual countries, inequality plays a crucial role in shaping peoples’ lives. In the United States, for example, your chances of living a long and healthy life closely track your income: residents of wealthy districts can expect to live longer and better. Young women in poorer states of the US are more likely to become pregnant in their teenage years—and their babies are less likely to survive—than their peers in wealthier states. In the same way, a child from a disfavored district has a higher chance of dropping out of high school than if his parents have a steady mid-range income and live in a prosperous part of the country. As for the children of the poor who remain in school: they will do worse, achieve lower scores, and obtain less fulfilling and lower-paid employment.

Inequality, then, is not just unattractive in itself; it clearly corresponds to pathological social problems that we cannot hope to address unless we attend to their underlying cause. There is a reason why infant mortality, life expectancy, criminality, the prison population, mental illness, unemployment, obesity, malnutrition, teenage pregnancy, illegal drug use, economic insecurity, personal indebtedness, and anxiety are so much more marked in the US and the UK than they are in continental Europe. (See Figures 3, 4, and 5.)

The wider the spread between the wealthy few and the impoverished many, the worse the social problems: a statement that appears to be true for rich and poor countries alike. What matters is not how affluent a country is but how unequal it is. Thus Sweden and Finland, two of the world’s wealthiest countries by per capita income or GDP, have a very narrow gap separating their richest from their poorest citizens—and they consistently lead the world in indices of measurable well-being. Conversely, the United States, despite its huge aggregate wealth, always comes low on such measures. We spend vast sums on health care, but life expectancy in the US remains below Bosnia and just above Albania. (See Figure 6.)

Inequality is corrosive. It rots societies from within. The impact of material differences takes a while to show up: but in due course competition for status and goods increases; people feel a growing sense of superiority (or inferiority) based on their possessions; prejudice toward those on the lower rungs of the social ladder hardens; crime spikes and the pathologies of social disadvantage become ever more marked. The legacy of unregulated wealth creation is bitter indeed.1

As recently as the 1970s, the idea that the point of life was to get rich and that governments existed to facilitate this would have been ridiculed: not only by capitalism’s traditional critics but also by many of its staunchest defenders. Relative indifference to wealth for its own sake was widespread in the postwar decades. In a survey of English schoolboys taken in 1949, it was discovered that the more intelligent the boy the more likely he was to choose an interesting career at a reasonable wage over a job that would merely pay well.2 Today’s schoolchildren and college students can imagine little else but the search for a lucrative job.

How should we begin to make amends for raising a generation obsessed with the pursuit of material wealth and indifferent to so much else? Perhaps we might start by reminding ourselves and our children that it wasn’t always thus. Thinking “economistically,” as we have done now for thirty years, is not intrinsic to humans. There was a time when we ordered our lives differently.

—This essay is drawn from the opening chapter of Tony Judt’s newly published book, Ill Fares the Land (Penguin).

  1. The best recent statement of this argument comes in Richard Wilkinson and Kate Pickett, The Spirit Level: Why Greater Equality Makes Societies Stronger (Bloomsbury Press, 2010). I am indebted to them for much of the material in this excerpt.

  2. See T.H. Marshall and Tom Bottomore, Citizenship and Social Class (London: Pluto, 1992), p. 48.

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CQ - Behind the Lines for Thursday, April 15, 2010

Seal of the United States Department of Homela...Image via Wikipedia

By David C. Morrison, Special to Congressional Quarterly
FYI: White House warns state and local governments to expect no "significant federal response" for 24-72 hours after a terrorist nuke blast . . . Release the Kraken: A.G. Holder says New York City "not off the table" as venue for 9/11 plotter trials . . . Victimizing the blamer: After 9/11, American Muslims somehow "became prime victims of those terror attacks -- isolated, fearful, targets of hostility," columnist scoffs. These and other stories lead today's homeland security coverage.
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The White House has warned state and local governments to expect no “significant federal response” at the scene of a terrorist nuclear attack for the first 24-72 hours, USA Today’s Steve Sternberg learns from a planning guide. By skimping on details, President Obama has contrived to make nuclear terror seem a more immediate danger than it really may be, The Associated Press Anne Gearan fact checks — and see The Washington TimesBill Gertz and Eli Lake on the same. Even as Obama rings the tocsin on an al Qaeda nuke strike, “emergency public health preparedness for a catastrophic, mass casualty attack . . . continues to deteriorate,” Homeland Security Today’s Anthony L. Kimery adds.

Feds: “In contrast to the Bush administration’s record on protecting the public, we are less safe under the Obama administration,” J.D. Gordon opines for FOX News, offering five reasons why so — while an exercised Bay Area IndyMedia poster sees Obama “evidently seeking a new pseudo-legal justification for the policy of state murder.” A.G. Eric H. Holder, meanwhile, reignited debate by telling a Senate panel yesterday that NYC is “not off the table” as a venue for 9/11 trials, The Washington Post’s Spencer Hsu reports. The CIA deputy director who has overseen agency counterterror efforts since 9/11 will retire next month, to be replaced by a career analyst, the Post’s Greg Miller also mentions.

Homies: Janet Napolitano said Tuesday that DHS is incorporating civil liberties protections at the outset of all efforts to protect against terrorism, rather than shoehorning them in after the fact, The Charlottesville (Va.) Daily ProgressBrian McNeill reports — while The Cambridge Chronicle says she will be in Boston today. “Immigration is always a contentious topic. But [ICE] has drawn an unusual amount of criticism from both sides in recent weeks,” Jude Joffe-Block surveys for San Francisco’s KALW News. The Coast Guard’s “souped up” Alert and Warning System transmits local or nationwide alerts about security threats via e-mail and phone, Government Computer NewsWilliam Jackson spotlights — as Federal Computer Week’s Ben Bain belatedly finds GAO praising TSA’s implementation of Secure Flight.

State and local: “After a year of waiting for that initial interview,” a longtime Buchanan County (Mo.) sheriff’s deputy is on his way to becoming an officer in DHS’s Federal Protective Service, The St. Joseph News-Press proudly profiles. (“Should Congress federalize the building security force, much like it did to airport screeners in the wake of the 2001 terrorist attacks?” Federal Times, relatedly, polls readers.) “The best thing the Obama administration can do with 287(g) is abandon it. Let cops be cops and let [ICE] do the job that it was created to do,” a Palm Beach Post editorial adjures in re: immigration enforcement outsourcing — as The Chicago Tribune notes that the names of suspects booked at most major suburban Chicago jails now will be run through ICE databases to deport those here illegally.

Ivory (Watch) Towers: “In his online lectures, Anwar al-Awlaki looks like a passionate professor [but] terrorism specialists say [he] could be more influential than Osama bin Laden,” The Washington Times spotlights. (The Yemen-based Awlaki “was educated in the United States with taxpayers money,” FOX News also finds.) Using blueprints from actual stadiums, the University of Southern Mississippi’s SportEvac simulation software provides virtual 3D stadiums, packed with as many as 70,000 avatars programmed to respond to terror threats as unpredictably as humans would, redOrbit spotlights. John Federici, physics professor at New Jersey’s Science and Technology University, terms terahertz rays a critical technology in the defense against suicide bombers, Homeland Security Newswire profiles.

Bugs ‘n bombs: Officials continue probing a “white powdery substance” found leaking out of an envelope at the Helena, Mont., Federal Reserve Bank, the Independent-Record records — while San Antonio’s WOAI News says a “suspicious white powder” that emptied a police substation turns out to be “just candy.” The Dayton (Ohio) P.D.’s bomb squad, meantime, is assisting the FBI and ATF in a multi-state investigation related to an explosives trafficking ring, the Daily News notes. Aside from the fact of its existence, nearly everything about the Biological Sciences Experts Group, non-governmental scientists who advise the intel community on biothreats and weapons, is classified, Secrecy News spotlights — as OfficialWire takes note of a market report rating 66 key and niche players worldwide that vend counter-bioterror products and services.

Close air support: A security breach at Tampa International yesterday was caused by a missing training device, the Tribune tells — as the Inquirer sees a former TSA security officer being handed six months behind federal bars for stealing $100 from carry-on luggage she was screening at Philadelphia’s airport. About 93 percent of Americans are willing to sacrifice some level of privacy to increase security when traveling by air, Travel Agent Central cites from research conducted by Unisys Corporation — while The Sydney Morning Herald reports that same survey finding Aussies, too, willing to bare it all at the airport. Screeners at Helsinki-Vantaa Airport will stay away from their jobs tomorrow to support a strike by fellow union members, YLE relates. EasyJet, meanwhile, has praised security at Manchester Airport “following a bust-up with bosses at Liverpool John Lennon,” which the budget airline accuses of fostering revenue-murdering checkpoint delays, The Manchester Evening News notes.

Coming and going: Instead of playing a canned notice urging Yankees fans to “take the plane to the game” on Tuesday, Metro-North sparked no small alarm with a miscued message urging commuters “to leave the station immediately and maintain a distance of at least 300 feet,” The Norwalk (Conn.) Hour relates. “One southbound lane of Flatbush Avenue that was eliminated after 9/11 to provide a security zone around the city’s emergency call center will soon be returned to drivers,” The Brooklyn Paper reports. The Ryder transport firm is pushing for greater government-private cooperation on U.S.-Mexico border security “to help beef up the integrity of cross-border shipments,” Fleet Owner recounts — while Canadian Transportation & Logistics sees truckers, law enforcers and insurers examining cargo crime activity in Canada for possible solutions.

Over there: Obama has given Treasury broader power to deal with pirates and Islamist insurgents as security deteriorates in Somalia, AP reports. Having termed the 9/11 terrorist attacks “a big fabrication,” Iran’s Mahmoud Ahmadinejad has now formally asked the U.N.’s secretary general to investigate that day’s events, The New York Times notes. According to a survey, less than half of Singaporeans polled know the practical steps to take in event of terrorist attack, Channel NewsAsia notes. The al Qaeda-linked Abu Sayyaf Group killed 11 people in a terror assault on a southern Philippines city, The Long War Journal relates.

Over here: The lead suspect in last year’s alleged plot to bomb Bronx synagogues said he wanted to shoot President Bush “700 times” and repeatedly called Osama bin Laden “my brother,” NBC New York quotes prosecutors. DHS officials and lawmakers have been warning for months that law enforcement agencies are unprepared to deal with a mounting threat from homegrown terrorists and extremist groups, The Detroit News notes. “Since the events of Sept. 11, we’ve seen the growth of a view that American Muslims became prime victims of those terror attacks — isolated, fearful, targets of hostility, The Wall Street Journal’s Dorothy Rabinowitz rebukes. Imagine if the would-be cop-killers of the Hutaree militia “were not Christian extremists, but American Muslims?” the American Muslim mag Illume instructs.

Holy Wars: A religious studies prof proposes to call Islamic terrorists “hirabists,” not “jihadists,” to make it clear they have nothing to do with Koranic religion, United Press International profiles. “The horrid attacks of 9/11 led to the cry: Why do they hate us? The recent bombings in the Moscow subway remind us that terrorism is most often a political tool used to advance political ends,” Doug Bandow essays in The Huffington Post. Violent attacks against Jews worldwide more than doubled last year, AP has a Tel Aviv University study released Sunday saying. Islamist terror organizations, resurgent Sufi groups, the widespread use of English and cultural shifts are all playing a role in changing the face of Islam, Ali A. Allawi assesses for The Globalist. The persecution of fundamentalist Islamists across North Africa, in the name of fighting terrorism, is sowing the seeds for future instability, a Foreign Policy piece warns.

Courts and rights: Michigan’s A.G. has tapped a veteran prosecutor to investigate the FBI’s fatal shooting of a Dearborn imam after Wayne County declined involvement, The Detroit Free Press reports — as The Detroit News, again, hears the underpants bomber being allowed a laptop computer to prepare his defense. At a U.S. Marshals awards ceremony Tuesday, A.G. Holder praised the court security officer who died protecting the fed courthouse in Las Vegas in January, Main Justice mentions. NYC’s lawyers went to a federal appeals court yesterday to challenge a judge’s authority to block settlement of Ground Zero responder suits, the Times tells.

Shoes, shirt, no service: “The U.N. Security Council has adopted a resolution banning wearing shoes on board of planes and while attending press conferences and speeches — it is known as ‘the shoes resolution,’” The Spoof spoofs. “America and Israel have wanted a tougher resolution compelling people to be barefoot, but after the intervention of human rights and civil rights pressure groups, the resolution allowed the wearing of slippers. A U.N. official has commented on the resolution: A bomb can’t be hidden in a slipper and a slipper can’t inflict serious injury when thrown at someone. Also being light, a slipper may fall short of its target. And at least one reporter sees the slippers manufacturers lobby is behind the resolution and says the shoe manufacturers have tried to veto it.” Read, also, in The Onion: “Post Office Extends Hours To 3 A.M. To Attract Late-Night Bar Crowd.”

Source: CQ Homeland Security

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The Nation - License to Kill?

The John F. Kennedy AssassinationImage by Jesse757 via Flickr

by David Cole

April 15, 2010

On April 6 the New York Times reported that the Obama administration had approved the targeted killing of an American cleric, Anwar al-Awlaki, who is suspected of encouraging and planning terrorist attacks against the United States. The news that the president had decided to kill an American without charges, without a jury, without a lawyer and without a trial has thus far stirred relatively little outcry. By contrast, President Bush's assertion of the power to detain two Americans without trial--Yaser Hamdi and Jose Padilla--led to two Supreme Court cases and thousands of news articles, op-eds and talk-show debates. On April 13 the Washington Post editorial board defended the targeted-killing policy--even though we know precious little about its asserted legal justifications or scope.

Lawyers, Terror & Torture
In our peculiar post-9/11 world, it is apparently less controversial to kill a suspect in cold blood than to hold him in preventive detention. The Post reported on February 14 that the Obama administration has killed many more suspected terrorists than it has captured. According to National Journal, Obama ordered more drone attacks in his first year than President Bush did in two full presidential terms. The Post article suggested that the two developments may not be unrelated. A dead suspect, after all, has no right to habeas corpus; and with a dead suspect, one need not agonize over the choice between civilian criminal court and a military commission.

The Assassination of President LincolnImage by Cornell University Library via Flickr

But surely this has it backward. The argument for preventive detention during armed conflicts has always been that since the army is authorized to kill an enemy combatant, it must be permitted to take the lesser step of detaining him for the duration of the conflict. If so, shouldn't we be at least as concerned about executive killing as we are about executive detention?

Wars involve killing, of course, but the scope of the current armed conflict and the identity of "combatants" have both been hotly disputed. International humanitarian law requires that the state target only combatants, not civilians who are not directly participating in the conflict; that any use of force be proportional; and that collateral damage be limited. And certainly where an enemy combatant can be captured rather than killed, the government should be required to pursue that avenue. These principles ought not to vary whether the state is targeting citizens or foreign nationals. If a person is aiming a weapon at a US military convoy on the battlefield, convoy members need not check his passport or provide him a hearing before shooting to kill.

Awlaki, however, is nowhere near the battlefield. He's said to be hiding out in Yemen. He's not aiming a gun at US forces. On the other hand, he should not be mistaken for an innocent bystander. American counterterrorism officials accuse him of recruiting people for terrorist plots against US targets. And he has been linked to three of the 9/11 hijackers; to Nidal Hasan, the US Army psychiatrist who killed thirteen and wounded thirty in a mass shooting at Fort Hood in November; and to Umar Farouk Abdulmutallab, the would-be Christmas Day bomber--although in each instance the alleged ties appear to focus more on vague communications than on any concrete criminal activity.

It may be that Awlaki fits the definition of a "belligerent" who can't be apprehended and is therefore a proper target in this armed conflict. But the American public just doesn't know. Are we simply to trust our government to make the right call? That's what the Bush administration argued about the men in Guantánamo--yet more than 500 of them have been released, suggesting that they were not, as claimed, "the worst of the worst." Unlike a detainee, a dead man cannot be released when the government realizes it has made a mistake.

More troubling, the public doesn't even know what the Obama administration's legal theory is for targeted killings. State Department legal adviser Harold Koh provided very general outlines in a speech in March before the American Society of International Law, but his speech was short on specifics. The program is undoubtedly predicated on a detailed memorandum from the Office of Legal Counsel, setting forth the legal arguments that are said to justify the action, the statutory or constitutional authorities relied upon, the criteria for targeting and the procedural safeguards established to minimize mistakes. The ACLU has requested the documents under the Freedom of Information Act, but so far the administration has declined to disclose them. It may well be that the details surrounding a particular target need to be classified in advance, but there is no reason that the government should not be transparent about the legal framework and procedural protections it has adopted. A democracy that permits its president to adopt wholly secret procedures and secret authorities for killing its own members violates the very rule-of-law ideals that President Obama promised to uphold.

About David Cole

David Cole is The Nation's legal affairs correspondent. His latest book is The Torture Memos: Rationalizing the Unthinkable (New Press)

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Apr 14, 2010

CQ - Behind the Lines for Wednesday, April 15, 2010

Seal of the United States Department of Homela...Image via Wikipedia

By David C. Morrison, Special to Congressional Quarterly
Doing the dirty: Indian radiation injuries from discarded cobalt-60 source sparks renewed dirty bomb angst . . . Rag trade rumors: "There's a huge security issue here that just seems to be going right over everybody's head," wholesaler warns of TSA uniform outsourcing . . . What we maybe should be worried about: "Since 9/11, far more Americans have been killed, injured or hurt because of our lack of a coordinated food safety system than by terrorist acts." These and other stories lead today's homeland security coverage.
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A “mysterious shiny object” that turned up at a West Delhi scrap dealership — leaving five people injured from radiation exposure, one severely — contained cobalt-60, often used in radiation therapy, The Press Trust of India updates. “Could what happened in India four days ago happen here? The answer: It is amazing that it has not happened yet,” Homeland Security Newswire follows up. “Add in scary data about Pakistan’s nuclear security, and the specter of a terrorist dirty bomb exploding in New York, D.C., or elsewhere is no longer a remote possibility,” Thomas Lifson alleges in The American Thinker.

Know nukes: On the eve of the Nuclear Security Summit concluded yesterday, Pakistan’s P.M. assured President Obama “appropriate safeguards” are in place to safeguard atomic materials, ReutersMatt Spetalnick, relatedly, reports. “Overall, how much loose nuke material is out there? A lot. The nations of the world together have about 1.6 million kilograms of highly enriched uranium and about 500,000 kilograms of plutonium,” The Christian Science Monitor’s Peter Grier assesses. Some 130 lightly guarded civilian research reactors, moreover, hold sufficient HEU for hundreds of warheads, The New York Times William J. Broad spotlights — while The Associated PressSharon Theimer highlights the United States’ own stockpile security shortcomings. A White House counterterrorist says al Qaeda has been “scammed” in its bid to obtain the material for building a nuclear device, Danger Room’s Nathan Hodge also notes.

Feds: World leaders arriving for the nuke summit “must have felt for a moment that they had instead been transported to Soviet-era Moscow,” The Washington Post’s Dana Milbank muses of the highly militarized security on display the past two days. Senators have called for creation of a permanent cyberczar in response to two GAO assessments finding federal agencies out of compliance with info security initiatives, Nextgov’s Aliya Sternstein relates. “There’s a huge security issue here that just seems to be going right over everybody’s head,” a Knoxville wholesaler tells Nashville’s NewsChannel 5’s Phil Williams about the outsourcing of TSA uniform orders to Mexico — and recall the Kissell Amendment.

Follow the money: West Africa offers South American drug traffickers “what the impenetrable terrain of the Hindu Kush offers to al Qaeda and the Taliban — a place beyond the reach of law,” The N.Y. Times Magazine spotlights — as a Fletcher Forum of World Affairs piece urges Washington to “leverage its strategy of . . . diplomatic engagement to gain broader support against the growing terrorism-crime nexus.” Since Afghanistan banned logging and lumber sales, the industry is largely supervised by the Taliban, which skims the profits and uses timber smuggling networks to transport weapons and men, The Wall Street Journal relates. Washington stands ready to cooperate with a new E.U. system for tracking terrorism financing, a Treasury big tells the Times, but without saying whether it would go so far as to share U.S. bank account data. Swiss authorities sifted through record numbers of suspicious financial deals last year for possible money-laundering, most being forwarded to prosecutors, Reuters reports.

State and local: New Orleans is using a controversial recovery management contract to dole out no-bid deals to other firms using FEMA dollars, the Times-Picayune learns from a city I.G.’s draft report. Champaign, Ill., is in the midst of its spring 2010 round of Community Emergency Response Team training, comprising five classes instructing locals in assessing and tackling disastrous situations, The Daily Illini informs. Gun and ammo sales are up following the murder two weeks ago of a southern Arizona cattle rancher, The Arizona Daily Sun says. New Mexico Homeland Security chief John Wheeler, meanwhile, has been named to DHS’s Preparedness Task Force, Albuquerque’s KOAT 7 News notes. A free discussion on bioterrorism is scheduled tomorrow evening at the Louisville Science Center, the Courier-Journal alerts.

Bugs ‘n bombs: A white powder was found near an X-ray machine at the U.S. Attorneys office in Phoenix on Monday morning, but no evacuation was ordered, The Arizona Republic reports. “Since 9/11, far more Americans have been killed, injured or hurt because of our lack of a coordinated food safety system than by terrorist acts,” a Huffington Post contributor leads. Using current technology, it could take DHS as long as 36 hours to detect a biological attack on U.S. soil, but the department’s goal is to cut that time to four hours, Defense News spotlights. In each of dozens of instances in which BioWatch filters have captured dangerous germs since 2003, the reading has been traced to the background environment, not evil-doers, The Columbus Dispatch recounts.

Close air support: Three Continental Airlines flights out of Newark were delayed after a disgruntled passenger falsely complained that an airport employee had triggered a security checkpoint alarm, the Star-Ledger relates. “The new London [Ontario] International Airport security measures currently in place for travel to the United States are very disconcerting,” a London Free Press reader rumbles. Security at a major regional airport in New South Wales is under scrutiny after a secure entrance was found to have a secret PIN code posted clearly on a gate, The Australian says — while NDTV has a Jet Airways flight in India delayed for five-plus hours after a passenger threatened to blow up the plane.

Coming and going: Passengers subdued a man who threatened to blow up an eastbound Greyhound bus on Interstate 10, The Arizona Republic relates. YouTube has removed a video of a Chechen rebel claiming responsibility for last month’s Moscow metro bombings after it was flagged by the site’s users, the U.K.’s Metro Reporter relates. Federal authorities are certain nearly 300 Somalis allegedly smuggled into the United States by a Virginia man who admitted contacts with an Islamic terrorist group are still in the country, but they can’t find them, The Washington Examiner explains.

Terror tech: “While it’s clear from the cyberwar news that we are living in a war zone when we turn on our computers, we at Wired.com refuse to surrender — even at the risk of taking an e-bullet in the name of Freedom,” Threat Level proclaims, challenging news readers to play CyberWar Bingo. Ultra-pure samples of a radioactive gas could soon make it harder for nations to carry out nuclear tests in secret, New Scientist notes — while Budget Travel describes “a few technologies that could help spot potential terrorists before it’s too late, similar to the systems for detecting ‘pre-crimes’ used in the Tom Cruise movie ‘Minority Report.’” The Indian military’s Computer Emergency Response Team has issued a cyber-alert to government and corporate officials warning of possible large-scale cyber-attacks, Defense Tech tells.

Terror cells: The Mexican government is allowing cell phone firms a bit more time to process unregistered users before disconnecting 27.5 million such phones as a counter-cartel measure, Bloomberg relates — while Tucson’s KOLD 13 News sees that rancher murder prompting an Arizona lawmaker to urge cell companies to boost their border coverage. DHS’s Science and Technology division wants to help create 40 prototypes by year’s end of cell phones “that can detect toxic chemicals in the air just as easily as they can receive a call or send a text message,” PC Magazine mentions — while Sci Pry notes work proceeding apace on Optical Dynamic Detection devices capable of sensing potentially dangerous chemicals and explosives in suitcases and such left in public venues. Britain’s anti-terrorist hotline, meantime, has received a total of 62,871 tips between April 2002 and March 2009, an average of approximately 40 a day, The Guardian spotlights.

Courts and rights: Wisconsin’s Justice Department won’t release its copy of a threat assessment wrongly compiled by DHS regarding groups participating in a 2009 abortion protest, Wisconsin Public Radio briefs. The attorney for the Muslim convert charged with killing one soldier and wounding another outside a Little Rock military recruiting center says his goal is to avoid the death penalty, The Arkansas Democrat-Gazette reports. A Canadian passenger from the underpants-bomber-threatened flight tells the Detroit Free Press she wants a trial for the Nigerian man accused in the case — as Detroit’s WDIV News hears fed prosecutors at a brief hearing yesterday saying they’ve shared reams of evidence with the defendant’s lawyers. The trial of the last three people accused in the Toronto 18 terror plot is under way in an Ontario courtroom, The Canadian Press reports.

Over there: Iran, meanwhile, is refusing to allow Canada to deport a member of an Iranian terrorist group who was arrested at Toronto’s airport while carrying a recruitment letter from the “Martyrdom Lovers’ Headquarters” in Tehran, The Canwest News Service notes. The Afghan war “is likely to end in negotiations that will involve wrenching choices for the country as well as for U.S. and European allies,” a Los Angeles Times columnists forecasts — and see Brit Foreign Minister David Miliband in The New York Review on “How to end the war in Afghanistan.” Army chiefs from seven African nations gathered Tuesday in Algiers to coordinate efforts against a regional al Qaeda offshoot, AP reports.

This just in, from The Onion: “WASHINGTON — Attorney General Eric Holder turned in his letter of resignation to President Obama on Tuesday after discovering that people willfully participate in the killing of other human beings on a routine basis. ‘I am stunned,’ a pale and shaking Holder said. ‘That’s just horrible. People really do that? My God, why?’ Sources close to Holder said that he is seeking a position in which he will be less likely to encounter man’s inhumanity toward man, perhaps in child protective services.” See, also, on Onion Network News: “Man Attempts To Assassinate Obama, ‘But Not Because He’s Black Or Anything’: Suspect Alex Croft, who has a ton of black friends, planned to kill Obama because of his socialist agenda — not because of his skin color . . . ”

Source: CQ Homeland Security


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U.S. Faces Shortage of Doctors - WSJ.com

As Ranks of Insured Expand, Nation Faces Shortage of 150,000 Doctors in 15 Years

By SUZANNE SATALINE And SHIRLEY S. WANG
[RESIDENCY] Getty Images

First-year resident Dr. Rachel Seay, third from left, circumcises a newborn in George Washington University Hospital's delivery wing on March 12.

The new federal health-care law has raised the stakes for hospitals and schools already scrambling to train more doctors.

Experts warn there won't be enough doctors to treat the millions of people newly insured under the law. At current graduation and training rates, the nation could face a shortage of as many as 150,000 doctors in the next 15 years, according to the Association of American Medical Colleges.

That shortfall is predicted despite a push by teaching hospitals and medical schools to boost the number of U.S. doctors, which now totals about 954,000.

The greatest demand will be for primary-care physicians. These general practitioners, internists, family physicians and pediatricians will have a larger role under the new law, coordinating care for each patient.

The U.S. has 352,908 primary-care doctors now, and the college association estimates that 45,000 more will be needed by 2020. But the number of medical-school students entering family medicine fell more than a quarter between 2002 and 2007.

A shortage of primary-care and other physicians could mean more-limited access to health care and longer wait times for patients.

Proponents of the new health-care law say it does attempt to address the physician shortage. The law offers sweeteners to encourage more people to enter medical professions, and a 10% Medicare pay boost for primary-care doctors.

Meanwhile, a number of new medical schools have opened around the country recently. As of last October, four new medical schools enrolled a total of about 190 students, and 12 medical schools raised the enrollment of first-year students by a total of 150 slots, according to the AAMC. Some 18,000 students entered U.S. medical schools in the fall of 2009, the AAMC says.

But medical colleges and hospitals warn that these efforts will hit a big bottleneck: There is a shortage of medical resident positions. The residency is the minimum three-year period when medical-school graduates train in hospitals and clinics.

There are about 110,000 resident positions in the U.S., according to the AAMC. Teaching hospitals rely heavily on Medicare funding to pay for these slots. In 1997, Congress imposed a cap on funding for medical residencies, which hospitals say has increasingly hurt their ability to expand the number of positions.

Medicare pays $9.1 billion a year to teaching hospitals, which goes toward resident salaries and direct teaching costs, as well as the higher operating costs associated with teaching hospitals, which tend to see the sickest and most costly patients.

Doctors' groups and medical schools had hoped that the new health-care law, passed in March, would increase the number of funded residency slots, but such a provision didn't make it into the final bill.

"It will probably take 10 years to even make a dent into the number of doctors that we need out there," said Atul Grover, the AAMC's chief advocacy officer.

While doctors trained in other countries could theoretically help the primary-care shortage, they hit the same bottleneck with resident slots, because they must still complete a U.S. residency in order to get a license to practice medicine independently in the U.S. In the 2010 class of residents, some 13% of slots are filled by non-U.S. citizens who completed medical school outside the U.S.

One provision in the law attempts to address residencies. Since some residency slots go unfilled each year, the law will pool the funding for unused slots and redistribute it to other institutions, with the majority of these slots going to primary-care or general-surgery residencies. The slot redistribution, in effect, will create additional residencies, because previously unfilled positions will now be used, according to the Centers for Medicare and Medicaid Services.

Some efforts by educators are focused on boosting the number of primary-care doctors. The University of Arkansas for Medical Sciences anticipates the state will need 350 more primary-care doctors in the next five years. So it raised its class size by 24 students last year, beyond the 150 previous annual admissions.

In addition, the university opened a satellite medical campus in Fayetteville to give six third-year students additional clinical-training opportunities, said Richard Wheeler, executive associate dean for academic affairs. The school asks students to commit to entering rural medicine, and the school has 73 people in the program.

"We've tried to make sure the attitude of students going into primary care has changed," said Dr. Wheeler. "To make sure primary care is a respected specialty to go into."

Montefiore Medical Center, the university hospital for Albert Einstein College of Medicine in New York, has 1,220 residency slots. Since the 1970s, Montefiore has encouraged residents to work a few days a week in community clinics in New York's Bronx borough, where about 64 Montefiore residents a year care for pregnant women, deliver children and provide vaccines. There has been a slight increase in the number of residents who ask to join the program, said Peter Selwyn, chairman of Montefiore's department of family and social medicine.

One is Justin Sanders, a 2007 graduate of the University of Vermont College of Medicine who is a second-year resident at Montefiore. In recent weeks, he has been caring for children he helped deliver. He said more doctors are needed in his area, but acknowledged that "primary-care residencies are not in the sexier end. A lot of these [specialty] fields are a lot sexier to students with high debt burdens."


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