Aug 18, 2009

Obama Needs to Reframe the Health-Care Debate

Obama needs to reframe the debate.

Published Aug 15, 2009

From the magazine issue dated Aug 31, 2009

The United States has two parties now—the Obama Party and the Fox Party. The Obama Party is larger, but it is unfocused and its troops are whiny. The Fox Party, which shows up en masse to harass politicians, is noisy and practiced in the art of simplistic obstruction. As the health-care debate rages, it's the Party of Sort-of-Maybe-Yes versus the Party of Hell No! The Yessers are more lackadaisical because they've forgotten the stakes—they've forgotten that this is the most important civil-rights bill in a generation, though it is rarely framed that way.

The main reason that the bill isn't sold as civil rights is that most Americans don't believe there's a "right" to health care. They see their rights as inalienable, and thus free, which health care isn't. Serious illness is an abstraction (thankfully) for younger Americans. It's something that happens to someone else, and if that someone else is older than 65, we know that Medicare will take care of it. Polls show that the 87 percent of Americans who have health insurance aren't much interested in giving any new rights and entitlements to "them"—the uninsured.

But how about if you or someone you know loses a job and the them becomes "us"? The recession, which is thought to be harming the cause of reform, could be aiding it if the story were told with the proper sense of drama and fright. Since all versions of the pending bill ban discrimination by insurance companies against people with preexisting conditions, that provision isn't controversial. Which means it gets little attention. Which means that the deep moral wrong that passage of this bill would remedy is somehow missing from the debate.

Sure, it's important to fight for a public option (or a souped-up cooperative that can be made nearly as good). And we need to stand against a secret deal with Big Pharma, tighten insurance regulation, and assure that the bill includes language establishing clearly that doctors and patients—not bureaucrats, who are no better than insurers—make medical decisions. But these worthy goals have overshadowed the moral principle of nondiscrimination. The well-meaning woman who left a message at my office saying that she wouldn't demonstrate in support of any bill without a public option has lost her perspective.

The same goes for those who focus on cost ahead of principle. Whether we can "bend the cost curve" in five years or 10 years is fundamentally unknowable. Washington's elite policy mandarins obsess over "out-year" projections that never prove accurate. We must "pay" for the bill with new revenue streams, but let's not pretend that any of the real costs (and incentivized cost savings) are discernible now. Look at "cash for clunkers." The money that Congress set aside for a year lasted less than a week. The short-term projections were off by 99 percent. Any bill this big will be full of unintended consequences and will have to be fixed. The only way the system can't be fixed is if the bill dies and no one tries reform again for many years.

History suggests that major social policy unfolds on a continuum. The Social Security Act of 1935 disappointed liberal New Dealers because what was called "old-age insurance" covered only about half the adult population. It excluded farmhands, domestics, employees of small businesses, and most blacks. That was because FDR needed the votes of Southern Democrats, the Blue Dogs of their day. (The bill cleared the House Ways and Means Committee with only one Republican vote.) Similarly, the Civil Rights Act of 1957, immortalized in Robert Caro's Master of the Senate, was weak tea. It had to be strengthened by the Civil Rights Act of 1964 and the Voting Rights Act of 1965. In the later bills, Lyndon Johnson betrayed Southerners he had made deals with in 1957. If Nancy Pelosi can't break Rahm Emanuel's promise to Big Pharma's Billy Tauzin this year, she can try to break it in the future. And Tauzin will lobby for more favors as the all-important new regulations are issued. Nothing in Washington is ever set in stone.

The only thing that should be unbreakable in a piece of legislation is the principle behind it. In the case of Social Security, it was the security and peace of mind that came with the knowledge of a guaranteed old-age benefit. (Ronald Reagan and George W. Bush got slam-dunked when they tried to mess with that.) In the civil-rights bills, the principle was no discrimination on the basis of an unavoidable, preexisting "condition" like race.

The core principle behind health-care reform is—or should be—a combination of Social Security insurance and civil rights. Passage would end the shameful era in our nation's history when we discriminated against people for no other reason than that they were sick. A decade from now, we will look back in wonder that we once lived in a country where half of all personal bankruptcies were caused by illness, where Americans lacked the basic security of knowing that if they lost their jobs they wouldn't have to sell the house to pay for the medical treatments to keep them alive. We'll look back in wonder—that is, if we pass the bill.

Alter, a national-affairs columnist, is the author of The Defining Moment: FDR’s Hundred Days And The Triumph Of Hope.

Find this article at http://www.newsweek.com/id/212162

Seoul Amplifies Its Network

In the sprawling, densely populated capital city of South Korea, Lee Hye-young and her husband Kim Soon-kyo are nothing if not typical citizens. Which is to say, even the most mundane, everyday aspects of their lives are carried out at technology's leading edge.

Consider their respective commutes to work early one recent morning. Lee clambers onto a city bus, headed to her office job in the southern part of the city. She pays using her radio-frequency-identification (RFID) card--it has a computer chip in it--part of a transit program conceived and implemented by the city government. The card is smart enough to calculate the distance she travels on any form of public transit, which determines the fare. She can then use the same card to pay for the taxi she hails to finish her journey to work. Sometimes her husband, the deputy marketing manager at a small chemical company, drives her to work. But not today. A few months ago, he applied online to join a program offered by the city that promises insurance discounts, reduced-cost parking and a tax break if he leaves his car home one business day a week. The city sent him an RFID tag, which he attaches to the windshield so the city can monitor compliance. It took him just minutes to fill out the application on his home computer, and now, he says, he saves the equivalent of $50 a month. From the city's standpoint, the estimated 10,000 fewer cars on the road each day means less congestion and less air pollution in one of the busiest cities in East Asia.

For a decade, Seoul has had the justifiable reputation of being one of the most wired cities in the world. After the Asian financial crisis devastated the South Korean economy in 1997, the Seoul city government, the national government and the private sector all made a concerted effort to move the country's economy from one reliant on heavy industry to one that included information technology--a shift that by most measures has been a resounding success. Today, according to data compiled by Strategy Analytics, a U.S.-based technology market-research firm, an astonishing 95% of households in South Korea have a broadband connection. (Tiny Singapore is second, at 88%, and the U.S. comes in at No. 20, with just 60% hooked to broadband.) The entire city of Seoul, whose metro-area population is more than 20 million, is already one giant hot spot, with wireless access available from virtually anywhere within city limits for a small fee.

That level of connectedness, either via high-speed cable or through the ether, has not only transformed South Korea's economy; it has changed forever the way this massive city is governed, how individuals receive services and interact with city hall and how prospective contractors solicit business with the city.

Start with clean government. All city contracts are now put out to bid online, and all bids are posted. That transparency, Seoul Mayor Oh Se-hoon tells Time, has reduced corruption in the city significantly in the past 10 years. "Since all information is disclosed real time over the Internet, influence-peddling over the bargaining of government permits becomes impossible," he says. "The online system tracks the flow of approval routes and leaves behind evidence in real time. If a manager holds on to an application for too long, he becomes a suspect. So administration becomes faster and uncorrupt." And while every big-city mayor may boast that his government is less corrupt than the last guy's--and corporate corruption has been an acknowledged problem in South Korea--Seoul has been named the world's most "advanced and efficient e-government" for several years by a U.N.-sponsored e-government-evaluation agency.

The city services accessible via Internet technology are already vast and growing rapidly. When Lee was returning home from work one day, she needed to pick up a copy of her social-security certificate. She did so at a subway station near her office, using a fingerprint-recognition kiosk: she placed her thumb on the machine, it read her print, and out popped a copy of the document. If she had so desired, she could have also printed real estate and vehicle registrations. It goes without saying that Lee pays her city taxes and utility bills online--or with her mobile phone's browser--and recently she dialed 120 to find out why the electric company had overcharged her. She was calling the Dasan Call Center, a 24/7 government agency that fields all questions regarding city services. A service rep did a quick check, confirmed the error and made sure her bill for the next month would reflect the correction.

Seoul has even greater e-ambitions. It has begun to implement a project called Ubiquitous Seoul--or U-city--which will extend the city's technological reach. Seoul's nearly 4-mile-long (6 km) Cheonggye Stream walkway, which runs through the high-rises of downtown Seoul, is the site of a U-city pilot project. Via their phones and laptops or on touchscreens located in parks and public plazas, citizens can check air-quality or traffic conditions or even reserve a soccer field in a public park. The city also sends out customized text messages. The city's chief information officer, Song Jung-hee, says those with respiratory problems can get ozone and air-pollution alerts, and commuters can get information about which route is the most congested at any given time. The city calls these real-time, location-based services.

Earlier this year, the city rolled out U--safety zones for children, a program using security cameras, a geographic-information-system platform and parents' cell-phone numbers. Participating families equip their kids with a U-tag--an electronic signature applied to a coat or backpack that allows a child to be tracked at all times. If the child leaves a designated ubiquitous-sensor zone near a school or playground, an alarm is automatically triggered alerting parents and the police. The child is then located via his or her mobile phone. The city plans to increase such zones rapidly. To some Americans, the Big Brother--ish qualities of the U-city push can be a tad unnerving. But Seoul officials point out that the U-safety-zone project is entirely voluntary, and the technologically sophisticated citizens seem to have few objections.

Seoul over the past decade has become a hotbed of early adopters, and global powerhouses from Microsoft to Cisco Systems to Nokia use it as a laboratory. The level of connectivity provided by the city's electronic infrastructure means "ubiquitous life" has become an inescapable catchphrase in Seoul. "Almost all new apartment complexes now advertise home networks and ubiquitous-life features," says Lim Jin-hwan, vice president for solution sales at Samsung Electronics. In a nutshell, that means every electronic device in the home can be controlled from a central keypad or a cell phone. Biorecognition lock systems open apartment doors, and soon, Lim says, facial-recognition systems will be introduced.

As megacities continue to grow and become more complex, it's likely that many will have to get wired just to stay manageable. Seoul took the considerable risk of being out front, but it has demonstrated the potential payback when the city government, and not just the citizens, is one of the early adopters.

The Afghan Age Divide

Muhammad Shafiq Popal is one of Afghan President Hamid Karzai's more formidable opponents — yet he isn't a chieftain, a warlord or even a candidate in the Aug. 20 Afghanistan presidential election. Just 30 years old, Popal is a rare individual in the country: a community organizer who heads the Afghanistan Youth National and Social Organization (AYNSO), an NGO that, in a nation marked by division, transcends religion, ethnicity and tribe. AYNSO's broad objective is to promote democracy and human rights. But Popal's current objective is much more specific: mobilizing AYNSO's 32,000 members to unseat Karzai, who he believes has done little to address the needs of Afghanistan's youth. "The present government doesn't understand our value," says Popal. "That has to change." Nearby, at Kabul University, Qudsia Zohab, a freshman studying literature, says her classmates spend more time on the coming election than on their coming exam. "Most of the university students will vote," she says — but not for Karzai. "There is a feeling that he doesn't work for young people."

That Afghanistan is even holding an election is practically a miracle. The year is far from over, but it's already the bloodiest since the fall of the Taliban in 2001. Large swaths of the southern and eastern regions of the country are under the control of militants, while some security analysts estimate that the Taliban has a permanent presence in at least 70% of the nation. As the election nears, the frequency and ferocity of attacks by insurgents have spiked. The U.N. reports that in the first six months of 2009, civilian casualties from such attacks — as well as from friendly fire — are 24% higher than in the corresponding period last year. July was the worst month ever for the NATO-led coalition forces: 76 soldiers were killed, more than half of them Americans. (See pictures of the U.S. Marines new offensive in Afghanistan.)

That's why this election is so crucial. Afghanistan last went to the polls in 2004, in what was widely seen as a referendum on Karzai as the interim leader after U.S. forces arrived three years earlier. It was the first time Afghans had ever elected a President, and while many hoped for change, the Karzai government soon reverted to the traditional practices of top-down leadership and relying on personal connections and patronage to run the country. That approach may work with the older generation, but it's left many youths frustrated. More than 70% of the country's 33 million people are under the age of 30, and estimates of registered voters ages 18 to 25 range from 8 million to 10 million, out of a total of 17 million. While today's young Afghans have experienced the ravages of war, they have also witnessed — as refugees or through TV and the Internet — an alternative: governments accountable to the public. "People assume the elders will tell the young how to vote," says 38-year-old Jahid Mohseni, CEO of the media organization Moby Group. "Young people still respect their elders, but they have developed a capacity to think for themselves. And the candidates that neglect that vote may be in for a surprise." (See art depicting war-torn Afghanistan.)

While security is a daily concern for most Afghans, the young in particular want a government committed to eliminating the corruption plaguing the country and to generating jobs that go to people who deserve them. Many youths feel that Karzai, with his emphasis on building relationships with tribal elders, warlords and other traditional power brokers, is not their man.

Besides the President, there are 40 candidates on the ballot, but only two are contenders: Dr. Abdullah Abdullah, a onetime Foreign Minister, and Ashraf Ghani, Karzai's former Finance Minister, who used to be an analyst with the World Bank. In a recently released poll conducted by U.S. pollsters Glevum Associates in July, Ghani was considered a long shot — garnering only a 4% rating, compared with Abdullah's 25% and Karzai's 31%. But in recent weeks, the relentlessly pragmatic Ghani has steadily gained ground, according to private polls conducted by nonpartisan groups. Those polls also indicate that Karzai is unlikely to receive the 50% of votes required to avoid a runoff. Whoever joins Karzai in the second round will largely be the choice of the youth vote. For AYNSO, that individual is Ghani, whose platform includes government hiring based on merit, job creation through financial incentives and the modernizing of school curriculums to help bring the country into the 21st century. "Lots of candidates promise that they support the youth, but with Ghani, he says how he will do it," says Popal.

In Search of Honest Work
Esmatullah Kosar is someone who very much wants to be judged on his merits. A slight, shy 24-year-old, Kosar has just returned from three years of studying in a Bangalore university, on a scholarship from the Indian government. At age 2, Kosar lost his father in the war against the Soviets. His mother, a member of the Hazara ethnic group heavily persecuted by the Taliban regime, saw her sons' education as the family's ticket out of desperation. Kosar thought his fluent English and new bachelor's degree in human resources and management would guarantee him a good job in a country crying out for professionals. When he got an interview as a human-resources assistant in a government ministry, he was confident of getting the job — until he encountered the interviewer. "I was more knowledgeable than he was, and I was supposed to be his assistant," says Kosar. He was rejected. The same thing had happened to most of the other graduates in his scholarship program. "Thousands of graduates are coming out every year with talent and skills, but they cannot get jobs because those in higher posts are not professionals, so they are threatened by the younger generations who really know something."

See pictures of treasure hunting in Afghanistan.

Watch "Afghanistan's Ongoing War.

Disillusioned, many young Afghans try to find jobs overseas — sometimes with tragic results. In April, on the border with Pakistan, 62 young Afghans were found suffocated to death in a shipping container stuffed with some 100 illegal migrants. They had been bound for Iran. The estimated number of illegal migrants fleeing Afghanistan last year was 600,000 — nearly double the number in 2006. According to Basir, a human trafficker who asked that his full name not be used, most of the migrants are young and educated — "middle class, with enough money to pay me but not enough to live without a job." Though business is good for him — the going rate to Turkey is $6,000, Europe up to $15,000 — Basir is ambivalent about the exodus: "If the youth are leaving, that means there is no future for Afghanistan."

The needless deaths of so many young Afghans has sparked nationwide soul-searching and inspired at least one young Afghan to do something. At 20 years old, Sayed Hussain Fakhri is the youngest Afghan running for a seat on the Kabul provincial council, a position similar to that of a state congressman in the U.S. "There is no excuse for men to be going away and dying for jobs," says Fakhri. That's what made me think I should run for office, to see if I could change that." (Watch TIME's video "The Life (and Death Threats) of an Outspoken Afghan Woman.")

Because so many young Afghans feel that the government has failed them, some are taking control of their future and helping other youths in the process. Moby Group is Afghanistan's most influential broadcaster, having created a hugely popular local version of American Idol called Afghan Star as well as a program in which young Afghans argue, through debates, about why they should hold high office. CEO Mohseni chalks up Moby's success to its emphasis on young personnel: he reckons the average age of his 600 employees is 24. "They are a generation with fresh ideas," he says. "If [this generation is] earning an income and is engaged and involved, you have a better chance of moving the whole country forward."

Hope amid Despair
In Afghanistan, it is often said that the definition of Taliban (which literally means students) is "young man without a job." The Taliban, points out 23-year-old Moby manager Yosuf Shabir Mohseni (no relation to Jahid), started as a youth movement frustrated with injustices during the civil war of the early 1990s — injustices that Yosuf Mohseni feels still abound. "It just doesn't seem like the government is paying attention to what is really needed to fix this country," he says. "If young people are left in the dark, what do you think will happen in 10 years? The Taliban." Most young Afghans interviewed for this story believe the best — and simplest — way to defeat the militants is to give idle youth gainful employment. "We want to feel like we are part of society, that we can contribute and that our voices can be heard," says Kosar. "When you don't find that in normal life, you look elsewhere."

Twenty-year-old Shafiq Shah is an extreme example of that. He was arrested after his explosives-laden Toyota failed to detonate near his intended target: four foreigners working for an aid organization. Shah has spent the past several months in Kabul's Pul-e-Charkhi prison, where he was eventually moved to an isolation wing because of his aggressive proselytizing. He is intelligent, charismatic and wholly dedicated to the downfall of the current government. While he says the Afghan leadership isn't sufficiently Islamic, the real target of his rage is what he considers an absence of justice: "Afghanistan is a society where men rape children and go free. In the Taliban time, if they arrested a robber, they would kill him. If a butcher was cheating his customers, they would cut off his fingers."

Though Shah is a radical, literature student Zohab sees his point. After being denied an education for so long under the Taliban regime, she is finally able to pursue her dream of getting a degree by taking night courses while working at the Kabul Museum. Still, she says, she suffers periodic harassment as she enters and leaves the campus. She has been called names, threatened, even beaten. Appeals to the police never help. These days she goes to school only if her father or brother can drop her off. "I love Afghanistan," she says, "but sometimes I feel like I hate Afghans. Even if the economy improves and there are jobs after graduation, it is worth nothing if we [women] don't feel safe."

A constant sense of insecurity coupled with a chronic lack of opportunity: Afghanistan seems a nation in perpetual crisis, with no respite for young and old. But it is in the nature of youth to be optimistic, and Yosuf Mohseni, for one, finds hope in the coming election. "I do see a future, provided we choose the right person," he says. "If I can influence one person and he influences one person, we can all change. Who does the country have but us?"

See TIME's Afghanistan covers.

See pictures of Afghanistan's dangerous Korengal Valley.

Steven Chu, A Political Scientist

"What the U.S. and China do over the next decade," declared Energy Secretary Steven Chu, the Nobel Prize – winning physicist who is leading President Obama's push for a clean-energy economy, "will determine the fate of the world."

Chu had gone to Beijing's Tsinghua University, the "MIT of China," to make his half-apocalyptic, half-optimistic pitch about climate change. In his nerdy professor style and referring to "Milankovitch cycles" and the "albedo effect" as well as melting glaciers and rising seas, Chu methodically explained that the science is clear, that we're boiling the planet — but also that science can save us, that we can innovate our way to sustainability. He acknowledged that the developed nations that made the mess can't tell the developing world not to develop, but he also warned that China is on track to emit more carbon in the next three decades than the U.S. has emitted in its history; that business as usual would intensify floods, droughts and heat waves in both countries; that greenhouse gases respect no borders. This earth, he concluded, is the only one we've got; it would be illogical and immoral to fry it. "Science has unambiguously shown that we're altering the destiny of our planet," he said. "Is this the legacy we want to leave our children and grandchildren?" (Read "The Global Warming Survival Guide.")

It was a tough message to deliver to the Chinese — basically, "Do as we say, not as we did" — but it's hard to imagine a more credible messenger. It's not just that Chu is a Chinese American whose parents both graduated from Tsinghua before attending the real MIT or that he's the most qualified leader ever at the Department of Energy (DOE) — which is a bit like being the most likable character ever on NYC Prep. It's also that Chu is the kind of scientific savant the Chinese revere, a techno-geek who scored a Nobel for developing methods of cooling atoms to a few millionths of a degree above absolute zero, who shelved his quantum-physics career to try to save the planet but on weekends still tries to cure cancer with lasers. "In the U.S., rock stars and sports stars are the glamour people. In China, it's scholars," Chu told me during his trip to Beijing. "Here, Nobel laureates are the equivalent of Britney Spears."

That's one reason Chu's message doesn't resonate all that well with Americans. They ranked global warming last in a national survey of 20 top priorities; in a global poll, only 44% of them wanted action to be taken on the issue, vs. 94% of Chinese. Most Republican leaders flatly reject prevailing climate science, while many Democrats from coal, oil and farm states are equally protective of the fossil-fuel status quo. This is why the American Clean Energy and Security Act — a far-reaching Democratic bill that would cap carbon emissions — has been marketed to a confused public on the basis of issues that poll far better: gas prices, foreign oil and green jobs. It narrowly passed the House, but it's in trouble in the Senate, and the President, while supportive, is now preoccupied with health care. (Read "Getting Your Slice of the Cap-and-Trade Pie.")

Anyway, Americans usually don't pay much attention to Energy Secretaries, who tend to be political loyalists with little energy expertise; President Ronald Reagan once appointed a dentist to the job. Since its founding during the last energy crisis, in 1977, the DOE has become a bloated backwater of the military-industrial complex, primarily responsible for safeguarding nuclear weapons and cleaning up nuclear waste and generally ignored between security breaches at its nuclear labs. But now there's a new energy crisis, and the appointment of a global-warming Paul Revere who's also a green-tech Albert Einstein has signaled Obama's desire to put the E back in DOE, to have a first-tier brain reinvent a second-tier agency, to keep his Inaugural Address pledge to "restore science to its rightful place." With Obama publicly committed to an economic transformation designed to slash U.S. carbon emissions 80% by 2050, Chu will be America's first Clean-Energy Secretary — a job that's part green evangelism, part venture capitalism and part politics.

He's perfect for parts one and two. The fate of the world, in Chu's calculation, hinges on part three.

Watch an interview with Chu.

See TIME's Pictures of the Week.

Mr. Outside
The Bush Administration generally followed a "Drill, baby, drill" approach to energy and a "What, me worry?" approach to climate change. Obama promised the opposite on both counts.

For the Obama Administration, change begins with the low-hanging fruit of energy efficiency, pursued through mandates and incentives to get vehicles to use less fuel and get appliances, buildings and factories to use less power. It's also pushing investment in wind, solar and other renewables, along with a smarter grid to exploit them. At the same time, Obama wants massive increases in federal energy research and development, plus a cap-and-trade regime that would accelerate private-sector advances by putting a price on carbon. The overall goal is to reduce emissions as well as U.S. dependence on foreign petro-thugs and a pesky vulnerability to volatile gas prices. To Republican critics, it's a radical scheme to destroy jobs and raid wallets, cooked up by élitists like Chu, who was once quoted calling U.S. gas prices too low. But Obama's message is that saving the planet makes economic sense. "We're trying to communicate that climate change is very, very serious, but hey, by the way, this is an incredible economic opportunity," Chu said. (Watch a video on vanishing salt marshes.)

Chu is becoming the public face of this agenda, sounding the alarm about emissions while preaching the good news of a new Industrial Revolution — to Americans and Chinese, through Facebook and PowerPoint. If White House energy czar Carol Browner is the little-seen Ms. Inside, Chu is Mr. Outside, mixing plain English with arcane data to make the case for twisty lightbulbs, white roofs, geothermal heat pumps, electric cars, advanced research and carbon-pricing. He sounds like Al Gore but with unimpeachable scientific credentials, a nonpartisan aura and a rumpled charm. At 61, he still radiates boyish impatience as well as boyish enthusiasm, with a megawatt smile that appears without warning.

Chu is also becoming the chief financier for the U.S. clean-energy sector, retooling a sclerotic department to shell out about $39 billion worth of short-term stimulus projects — nearly 150% of its normal annual budget — while reorienting its long-term research and development toward artificial photosynthesis, advanced batteries and other technologies he envisions as low-emissions "game changers." Chu plays up his geeky image — he gave Jon Stewart a Nerds of America Society T shirt on-air — but he's no ivory-tower ingenue. "Energy," he says, "is all about money." He cut his teeth in the entrepreneurial culture of Bell Labs and spent the rest of his career around Silicon Valley; he's served on the boards of a battery company, a semiconductor firm and two biotech start-ups. In his last job, he shook up the bureaucracy of DOE's Lawrence Berkeley National Laboratory (LBNL) to tackle real-world energy problems, while becoming a leading expert on energy innovation. "He's brilliant, and he understands the full breadth of the energy portfolio," says Ralph Cavanagh, co-director of the energy program of the Natural Resources Defense Council, an environmental group. "There's no precedent for that."

But Obama's ambitious plans will ultimately depend on politics, and most scientists are about as adept at Beltway Kabuki as most politicians are at freezing atoms. Chu has already created a miniflap by telling reporters it wasn't his job to badger OPEC about oil prices, and he has struggled to explain why he once called coal a "nightmare." Several of his scientific initiatives have stalled on Capitol Hill, victims of lackluster salesmanship. He got his unofficial welcome to politics in February, during a tour of the University of Pennsylvania's operations facility, when a snippy Vice President Joe Biden responded to Chu's seemingly innocuous comments about energy efficiency by publicly chastising him for straying off message. "He won a Nobel Prize," Biden told the crowd. "I got elected seven times."

Chu does have an inconvenient habit of speaking his mind. At Tsinghua, he told audience members they ought to limit their driving to the weekends, a nonstarter in U.S. politics if ever there was one. In our interview, he suggested that Americans should get over their need for gas-guzzling speed ("Believe me, 0 to 60 [m.p.h.] in 8.5 sec. is fine") and meat-heavy diets ("We really don't need 12-oz. steaks every day") before he realized he was making energy transformation sound like a bummer — and abruptly changed the subject. "I don't want to deliver too many messages," Chu said, more to himself than to me. "I need to focus on 'Let's not let this incredible opportunity slip away.'"

See the top 10 green ideas of 2008.

See pictures of the world's most polluted places.

A Real-World Scientist
When Chu was a second-grader in a Long Island, New York, suburb, his father told him, Don't get married until after you get your Ph.D. It was that kind of family; even an aunt whose feet were bound when she was a girl in China became a chemistry professor in the U.S. "It was always assumed that all of us would be science professors," Chu recalled. He has two brothers and four cousins in the U.S., all with doctorates. When I asked how many advanced degrees they have, he asked if a law degree counts as advanced.

As a boy, he diverted his lunch money into parts for homemade rockets. But he says he was a mere A-minus student, an "academic black sheep" — at least compared with older brother Gilbert, a straight-A valedictorian who studied physics at Princeton and is now a biochemistry professor at Stanford. After quitting school for a while in ninth grade — "I was tired of competing with Gilbert" — he didn't make the Ivy League, so he settled for the University of Rochester. His father once told him he'd never succeed in physics. "What he meant was, compared to Gilbert," recalls younger brother Morgan, a high school dropout who still earned four advanced degrees by the time he was 25 and is now a renowned litigator. (Read "Energy Secretary: Steven Chu.")

It's easy to see how Chu ended up as a workaholic. At times, he hinted at an emotional price, mentioning offhandedly that a son from a previous marriage quit school and was "trying to find himself." But Chu found his niche in the lab, building state-of-the-art lasers from spare parts to tinker with quarks and "high-Z hydrogen-like ions," preferring the rigor of experiments that either worked or didn't to abstract theoretical physics. At Bell Labs, he spent phone-monopoly money playing with electron spectrometers, gamma rays, polymers and other gee-whiz stuff few of us can understand; he once accidentally discovered an important pulse-propagation effect. But even his most obscure technical work had practical applications; his Nobel-winning breakthrough — supercooling atoms into "optical molasses" — inspired improvements in GPS data and oil exploration. "He's a real-world scientist," says physicist Carl Wieman, who won a separate Nobel using techniques that Chu pioneered. "He's very, very intense, and he's very, very good at solving problems."

After winning his Nobel while at Stanford in 1997, Chu gradually concluded that global warming was the biggest problem facing mankind and decided to change fields to help solve it. He admired the Nobel laureates whose discoveries sparked the agricultural Green Revolution that averted a global hunger crisis, and he couldn't justify fiddling with molecules when a new Green Revolution was needed to avert a climate crisis. LBNL scientist Art Rosenfeld, Chu's mentor on energy issues, can relate: he was once a star particle physicist, the last student of Enrico Fermi's, but during the crisis of the 1970s, he reinvented himself as an energy-efficiency pioneer — and ended up developing much of the technology behind green buildings and those curlicued compact fluorescent lightbulbs. "The stakes are so high and the opportunities so vast," Rosenfeld explains.

Chu took over LBNL in 2004 and immediately refocused the lab on researching commercially viable solutions to big energy problems. He set up two bioenergy institutes — one funded by a controversial $500 million grant he secured from British Petroleum — and spearheaded a major project to investigate solar energy. "Steve is a visionary, and he really galvanized the lab with his vision," says Paul Alivisatos, who was Chu's deputy there. But some scientists bristled at Chu's demand for dramatic scientific breakthroughs — brand-new ways to store energy, sequester carbon or fuel cars — as opposed to incremental engineering improvements. "Chu likes flashy, sexy technological fixes that attract a lot of attention. He gets bored when they aren't nano-this or bio-that," says University of Texas engineering professor Tad Patzek, who left the Berkeley Lab after clashing with him.

Environmentalists are generally ecstatic about Chu, but at a time when coal plants and heavily subsidized corn ethanol are creating huge environmental problems, some question his enthusiasm for "clean coal" and "third-generation biofuels," which do not yet exist, as well as his support for new nuclear power, which has become wildly expensive. They recall President George W. Bush talking up future technological miracles as an alternative to present-day action, and they want Chu to focus on proven technologies that can help boost efficiency and conservation to reduce energy demand now, plus on renewables to create zero-emissions supply.

Read "Clean Energy: U.S. Lags in Research and Development."

See pictures of the effects of global warming.

In fact, Chu is already an efficiency nut. His California house was so well insulated, it barely needed air conditioning, and he's now weatherizing his D.C. home. He's pushing 24 new appliance standards that languished under Bush; at Tsinghua, he explained that existing efficiency rules for U.S. refrigerators alone save more energy than the controversial Three Gorges Dam in China's Hubei province will produce. He's especially obsessed with promoting white roofs and light-colored pavement, constantly citing Rosenfeld's calculation that having them throughout the U.S. would save as much carbon as taking every car off the roads for 11 years.

But Chu is thinking far ahead, and he doesn't see existing technologies producing an 80% cut in emissions. At a recent appearance with Obama, he said the U.S. needs to be like Wayne Gretzky: not just chasing the puck but positioning itself where the puck is going to end up. "Very cool metaphor," the President said.

Does Science Matter?
In China, I watched Chu tour the headquarters of a company called ENN — the name is a hybrid of energy and innovation — that was founded as a tiny gas supplier in 1989 by a cabdriver with $200 in his pocket and has expanded into a clean-energy conglomerate with more than 24,000 employees. Chu peppered his hosts with technical questions as he checked out a sleek factory churning out superefficient solar panels, a greenhouse where genetically engineered algae were excreting fuel, a prototype for a coal-gasification plant in Inner Mongolia and a research lab with 300 scientists. It felt like an only-in-America business story, except we were in Langfang, just outside Beijing.

My notebook quickly filled up with scribbles like "nanostructure??" and "Chu recommends polymer" and "don't think Hazel O'Leary got this briefing." Chu's only simple question — aside from "Will this explode?" — was "What percentage of your profit goes to science?" About 15% to 25%, the CEO explained. "That's very good," Chu said with a sigh. The entire visit reminded Chu of the futuristic spirit he loved at Bell Labs. "This was a power company, but it had the flavor of a high-tech company," he told me later. "They're looking at the long view." In short, they're Wayne Gretzky — and Chu is obviously worried that we're not, that we've lost our ability to focus on long-term problems.

The clear message Chu took home from China was that its leaders are dead serious about climate change and clean energy. They won't accept an emissions cap before we do — understandably, since our per capita emissions are still four times higher — but they're preparing for a carbon-constrained economy. They already have cars that are more fuel-efficient than ours, and they're developing more-advanced transmission lines. They're still building a new coal-fired plant almost every week, but two years ago, they were building two of them every week. They're making a huge push into wind and solar and should be the world's largest producer of renewables by 2010. "Every Chinese leader I met was absolutely determined to do something about their carbon emissions," Chu said. "Some U.S. policymakers still don't think this is a problem." (Read "One Voice in a Billion: Changing the Climate in China.")

In fact, GOP leaders have said that global warming is a hoax, that fears about carbon are "almost comical," that the earth is actually cooling. When I asked Chu about the earth-is-cooling argument, he rolled his eyes and whipped out a chart showing that the 10 hottest years on record have all been in the past 12 years — and that 1998 was the hottest. He mocked the skeptics who focus on that post-1998 blip while ignoring a century-long trend of rising temperatures: "See? It's gone down! The earth must be cooling!" But then he got serious, almost plaintive: "You know, it's totally irresponsible. You're not supposed to make up the facts."

Welcome to Washington, where a Nobel Prize winner's opinion is just another opinion, where facts are malleable and sometimes irrelevant. It's tough to be Mr. Outside in a town where policy happens on the inside. Congress is blocking Chu's plan to create eight "Bell lablets" to investigate his game changers, along with his efforts to scuttle hydrogen-car research he considers futile. He's trying to make DOE's bureaucracy more nimble, but it still pushed less than 1% of its stimulus funds out the door in five months. And while Chu ends speeches with Martin Luther King Jr.'s quote about "the fierce urgency of now" — one of Obama's favorites — the clean-energy bill is on hold until health care is done. There's still a broad perception in Washington that dealing with climate change will require sacrifices that Americans won't tolerate.

The Chinese don't seem to worry about that. At one point, Chu acknowledged that democracy makes change a lot tougher, although he hastened to add that he's a big fan of democracy. "We just have to do a better job communicating the facts so the electorate can educate themselves," he said. Soon he sounded like he was talking to himself again: "Let's be positive. The facts really do matter to the American people."

See the top 10 scientific discoveries of 2008.

See TIME's special report on the environment.

Central Asia Sounds Alarm on Islamic Radicalism

KOSH-KORGON, Kyrgyzstan — The three men were locals who were said to have once crossed into nearby Afghanistan to wage war alongside the Taliban. They then returned, militant wayfarers apparently bent on inciting an Afghan-style insurgency in this tinderbox of a valley in Central Asia. By late June, they were holed up in a house here, stockpiling Kalashnikov rifles and watching pirated DVDs of martial arts movies.

Their exact plans will most likely never be known. The Kyrgyz security services tracked them down a week after their arrival and stormed the building, according to officials and village residents. All three men were killed, including one who blew himself up with a grenade after being wounded.

The security operation was one in a recent spate of firefights and attacks in Central Asia that have raised concerns that homegrown militants with experience in Afghanistan and Pakistan may be trying to move north to take on the region’s brittle governments.

Senior officials and analysts across Central Asia have said in recent weeks that there is evidence that some Central Asians who were allied with the Taliban are retreating from Afghanistan because of pressure from the NATO mission there.

“Our belief is that because of the blow they suffered in Afghanistan, they left for a calmer place in Central Asia where they could resume operations — either to regroup or to even open up a new front,” said Kadyr K. Malikov, director of the Independent Analytical Research Center for Religion, Law and Politics in Bishkek, the Kyrgyz capital.

The officials and analysts said one result could be a strengthening of Islamic movements in Central Asia, especially here in the Fergana Valley, which includes parts of Kyrgyzstan, Uzbekistan and Tajikistan. All three countries are former Soviet republics with secular leaders and Muslim populations.

The valley has long been considered one of the region’s most unstable areas because of poverty, militancy and loose borders. In 2005, in the Uzbek section of the valley, soldiers killed hundreds of people massing in an antigovernment protest.

Warnings about the spread of Islamic radicalism to Central Asia are not new, and the region’s governments have long used this supposed threat to justify severe restrictions on political freedom. But if these recent signs point to a revival, it could pose difficulties for the United States and other NATO members, which have military bases throughout Central Asia that support operations in Afghanistan.

The Obama administration only recently persuaded the Kyrgyz president to allow the United States to remain at a major air base on the outskirts of Bishkek.

The fervency of some in the Fergana Valley was evident in Friday Prayer in a recent visit to a nearby mosque, whose imam was killed in 2006 by security forces after being accused of extremism. The mosque is a meeting place for followers of Hizb ut-Tahrir, a worldwide Islamist group that wants to establish a pan-national Muslim state, called a caliphate, albeit nonviolently.

“The people in Afghanistan who are helping the Americans have sold out their faith, sold out their consciences,” said Noomanjan Turgunov, 60, one of the worshipers.

“We support the Taliban because they are upholding and fighting for our faith — it is for Islam,” he said. “Only God knows for sure whether the Taliban will come here or not. But if you ask me, I think that they will come. Our president has sold out our faith for a little money from the Americans.”

The interview was interrupted by an undercover Kyrgyz security agent, who was apparently monitoring the mosque, in part because Hizb ut-Tahrir is outlawed in Kyrgyzstan. This month, several of its members were arrested in Osh, the largest Kyrgyz city in the Fergana Valley, and charged with promoting extremism.

Whatever the deeply held views of people here, some experts and opposition politicians in Central Asia said the danger of a renewed Islamic insurgency was being overstated. They pointed out that these countries are secular in character because of their decades in the Soviet Union.

They said that it would be all but impossible for the Taliban to gain a foothold here because they are rooted in an ethnic group, the Pashtuns, that differs from those in Central Asia. And they maintained that rampant corruption and drug trafficking (connected to Afghan opium) were far more grievous issues, saying that the authorities described bandits as terrorists in order to cover up the problem.

“In the valley, I would say that practically all the officers in the security services are involved in drug trafficking,” said Isa Omurkulov, a Kyrgyz opposition leader.

The most well-known radical group in the region is the Islamic Movement of Uzbekistan, which fought along with the Taliban in the 1990s but is believed to have been severely weakened by the NATO operation in Afghanistan.

Governments in Central Asia have linked some recent attacks to a revitalized Uzbek movement, but that is difficult to prove. Kyrgyz officials identified the leader of the group killed in Kosh-Korgon as Hasan Suleimanov, 32, who had been trained in Pakistan and was accused of having links to the Uzbek movement.

Russia also has military bases in Central Asia and is on the alert for any signs that Islamic extremism could spread into Muslim parts of Russia. In recent weeks, it reached a tentative agreement with the Kyrgyz government to establish a military base in the Fergana Valley, in part to help ensure stability here. The base would be Russia’s second major one in Kyrgyzstan.

The Kyrgyz president, Kurmanbek Bakiyev, began issuing louder alarms about radicalism just as he was seeking to rally the public around his re-election, which he won easily on July 23 in a campaign that was marred by widespread reports of electoral fraud and violence against the opposition.

Mr. Bakiyev said in an interview that he viewed requests for bases from the Americans and Russians more favorably recently because he was worried about the conflict in Afghanistan. He said the danger was not urgent but was growing.

He noted that eight extremists had been killed recently in the Kyrgyz part of the Fergana Valley, and many others were arrested.

“These are all people who received special training in Pakistan for terrorist activity,” Mr. Bakiyev said. “All their weapons and ammunition and documents demonstrate this.”

His claims could not be independently confirmed. And some people attending Friday Prayer at the mosque in the Fergana Valley expressed deep suspicions about recent security operations, suggesting that they were contrived to drum up backing for the government.

“It is all a show, and that is very clear,” said Dilshat Rumbaev, 33, a merchant. “We have no militants here, and we are not a threat.”

Peace Talks With Taliban Top Issue in Afghan Vote

KABUL, Afghanistan — Whether and how to negotiate peace with the Taliban has become the one issue that no candidate in the Afghan presidential election can avoid taking a stand on. There is broad agreement that the war must end, but debate swirls around whether the government of President Hamid Karzai is moving effectively toward persuading the Taliban to end their insurgency.

Although Mr. Karzai has often talked about negotiating with the Taliban, little concrete has happened. The government’s reconciliation program for Taliban fighters is barely functioning. A Saudi mediation effort has stalled. Last-minute efforts to engage the Taliban in order to allow elections to take place remain untested. Meanwhile the Obama administration has just sent thousands more troops here in an attempt to push back Taliban gains.

Mr. Karzai, who polls indicate is still the front-runner, is the most vocal candidate in calling for negotiations, pledging that if he is re-elected he will hold a traditional tribal gathering and invite members of the Taliban and Gulbuddin Hekmatyar, another opposition leader, to make peace.

And just in the past few weeks, his government has started several initiatives to approach local Taliban commanders through tribal elders. The government also has started work to win over the tribes by hiring thousands of their young men to be part of a local protection force, primarily to ensure security for elections. But each of Mr. Karzai’s three main opponents is critical of his record in following through on such promises.

Abdullah Abdullah, Ashraf Ghani and Ramazan Bashardost all oppose the Taliban, but they also promise if elected to do better and to make peace a priority. The candidates differ on how to pursue a settlement: by negotiating a comprehensive peace with the Taliban leadership; or by trying to draw away midlevel Taliban commanders and foot soldiers, an approach that has been tried with little success over the past seven years as the ranks of fighters have swelled.

Mr. Abdullah, the candidate for the largest opposition bloc, the National Front, and Mr. Ghani, a former finance minister, say the first step must be a grass-roots approach through community and tribal councils to address the grievances of people who have taken up arms against the government. “If you lose the people, you lose the war,” Mr. Abdullah said in an interview.

Mr. Ghani advocates a cease-fire as the next step, with political negotiations only later. “It’s not going to be easy,” he told journalists at a briefing. “It is going to be quite complex and quite tough, but we need to create the conditions of confidence.”

Among those urging a wide-reaching political solution is the head of the United Nations mission in Afghanistan, Kai Eide. A peace process, or reconciliation as he prefers to call it, has to be a top priority of any new government, as does improving relations with Pakistan, which has long backed the Taliban, he said.

The groundwork for that process needs to be laid through the winter, he says, in order to forestall another season of fighting next spring. He also says that the effort has to be broader than the reconciliation and reintegration of local commanders envisaged by the United States military.

“You have different views — those who believe you can do it locally, from province to province, district to district,” he said. “I don’t think that is the case, I think you have to have a wider process.”

But the United States and NATO want to negotiate from a position of strength, diplomats and military officials said. “Reconciliation is important, but not now,” said one Western diplomat in Kabul, speaking on the condition of anonymity. “It’s not going to happen until the insurgency is weaker and the government is stronger.”

Thomas Ruttig, co-director of Afghanistan Analysts Network, an independent policy research group, proposed in a recent report multilayered contacts or talks with different elements of the insurgency. He also advocated a long-term reconciliation process across the country to address the alienation from the government of many groups who are tempted to join the Taliban, and to heal the wounds of 30 years of war.

The Obama administration has done little publicly to push the issue forward, offering to talk to moderate members of the Taliban but drawing the line at those linked to Al Qaeda.

“We and our Afghan allies stand ready to welcome anyone supporting the Taliban who renounces Al Qaeda, lays down their arms, and is willing to participate in the free and open society that is enshrined in the Afghan Constitution,” Secretary of State Hillary Rodham Clinton said in a speech last month.

Yet critics say that essentially demanding that the Taliban surrender will not produce results.

The few senior members of the Taliban who have come over to the government warn that there is so much distrust of the government and foreign forces that it is deterring even low-level members of the Taliban. They have watched the poor treatment of tribal leaders and elders by the government and foreign forces.

Abdul Wahid Baghrani, an important tribal leader from Helmand Province who went over to the government in 2005 under its reconciliation program, negotiated the surrender of the Taliban in 2001 with Mr. Karzai. Now he lives in a house in western Kabul but is largely ignored by the government, despite the enormous influence he could exercise.

Three months ago his eldest son, Zia ul-Haq, 32, was killed, along with his wife and driver, when British helicopters swooped in on their car as they were traveling in Helmand. Two Western officials confirmed the shooting but said it was a mistake. The forces were trying to apprehend a high-level Taliban target, they said.

“My son was not an armed Talib, he was a religious Talib,” he said. The word Talib means religious student. “From any legal standpoint it is not permitted to fire on a civilian car.

“This is not just about my son,” he said. “Every day we are losing hundreds of people, and I care about them as much as I care for my son.”

Despite the deaths, he has remained in Kabul and still advocates peace negotiations.

He said it was wrong to consider the Taliban leadership, or the leader Mullah Muhammad Omar, as irreconcilable. “It is not the opinion of people who know him and work with him,” he said.

“Of course it is possible to make peace with the Taliban — they are Afghans,” he said. “The reason they are fighting is because they are not getting the opportunity to make peace.”

Ruhullah Khapalwak contributed reporting.

Militia Commander Dostum Campaigns for Karzai in Afghanistan

By Joshua Partlow
Washington Post Foreign Service
Tuesday, August 18, 2009

KABUL, Aug. 17 -- One of Afghanistan's most notorious militia commanders took to the campaign trail for President Hamid Karzai on Monday, another sign of Karzai's dependence on Afghanistan's old guard of political musclemen as he seeks reelection this week.

After months spent living in Turkey to avoid arrest after an altercation with a rival commander, Gen. Abdurrashid Dostum, the leader of an Uzbek militia, held a rally on the last day of the campaign in the northern Afghan city of Shebergan to urge his followers to vote for Karzai. The endorsement from Dostum, who remains popular among Uzbeks despite a record of human rights abuses, could provide a significant late boost to Karzai as he tries to secure a majority in Thursday's first round of voting.

But Karzai's reliance on regional commanders such as Dostum has concerned U.S. officials and others who fear that Karzai is too willing to legitimize people with poor human rights records in order to secure votes. Among other allegations, Dostum is accused of allowing hundreds of Taliban prisoners to suffocate in shipping containers in 2001.

"We're obviously going to be encouraging Karzai to not let Dostum have a formal role in the government," said one U.S. official familiar with Afghanistan policy. "Until he came back, we were still saying: 'We don't think he should come. Don't bring him back.' Karzai, of course, is making his own calculations."

Analysts estimate that Dostum, who won 10 percent of the vote when he ran for president in 2004, could deliver Karzai 400,000 to 600,000 votes, perhaps more than any other regional or ethnic strongman backing Karzai.

Sayed Noorullah Sadat, a leader of Dostum's political party, said that Karzai has not offered Dostum a specific job in a future government but that it is possible Dostum could serve as a governor or cabinet minister. Before being placed under house arrest in Kabul and seeking exile in Turkey, Dostum held a largely ceremonial position in the Afghan military. Afghan political observers speculate Dostum is interested in serving as governor of the northern province of Balkh, home to the city of Mazar-e Sharif. The current governor, a longtime Dostum rival, has backed Karzai's main challenger, former foreign minister Abdullah Abdullah.

Karzai has dismayed U.S. officials and human rights activists by steadily gathering around him regional commanders in his campaign for president, including his running mate, Mohammed Fahim. The possibility that such leaders could play a larger role in the next government "does undermine a fair, transparent democratic process in Afghanistan," said Ahmad Nader Nadery, a member of the Afghan Independent Human Rights Commission.

"It's mainly a question of political survival for these leaders who feel there is no other way for them. Through a democratic process they may not be able to hold on to power, so that's why they try to make these deals," he said. "Of course Afghans want to move on -- they don't want to go back to the same old structures."

Afghan officials say they expect that the commanders will demand payback from Karzai if he wins, asking for such things as government jobs or pardons for their jailed associates.

"Everybody who is campaigning for Karzai will ask something from Karzai," said Roshanak Wardak, a parliament member who opposes Karzai but said she will not vote Thursday because of poor security in her native Wardak province. "They will not campaign freely. I knew these people from before. They are corrupt, thieves, criminals."

Also on Monday, an American civilian working with the military was killed when a patrol was attacked in eastern Afghanistan, and a roadside bomb in the south killed an American military serviceman. At least 22 U.S. troops have been killed in Afghanistan in August as Taliban violence continues to rise.

Special correspondent Javed Hamdard contributed to this report.

Supreme Court Orders Review in Georgia Death Row Case

By Robert Barnes
Washington Post Staff Writer
Tuesday, August 18, 2009

The Supreme Court on Monday took the rare step of ordering a federal judge to consider the innocence claims of condemned Georgia prisoner Troy Anthony Davis, who has mounted a global campaign to declare he was wrongfully convicted of murder and barred by federal law from presenting the evidence that would prove it.

The court interrupted its summer recess to order a new hearing to determine "whether evidence that could not have been obtained at the time of trial clearly establishes" Davis's innocence.

Davis has come close to execution several times since he was convicted of the 1989 killing of off-duty Savannah police officer Mark Allen MacPhail. The case has spawned a national and international following, intense interest from Amnesty International and the NAACP, and support from Pope Benedict XVI, former president Jimmy Carter and Archbishop Desmond Tutu, among others.

Monday's court decision comes at a time when federal judges have complained that a law passed by Congress in 1996 to streamline the death penalty appeals process keeps them from getting to questions of innocence raised by condemned petitioners.

In Davis's case, liberal Judge Rosemary Barkett of the U.S. Court of Appeals for the 11th Circuit criticized the Antiterrorism and Effective Death Penalty Act's "thicket of procedural brambles," as well as her court's decision that the law barred Davis from presenting what he said is newfound evidence.

"AEDPA cannot possibly be applied when to do so would offend the Constitution and the fundamental concept of justice that an innocent man should not be executed," Barkett wrote in dissent.

Davis's lawyers filed a petition directly with the Supreme Court after lower federal courts said that, because he could point to no constitutional defects in the trial he received, he could not present new evidence that would show his innocence. Davis says that since his trial, seven of Georgia's nine key witnesses have recanted their testimony against him. He claims that the man who was the key witness against him was the actual shooter.

Justice Antonin Scalia objected to the court's decision to order a new hearing, an "extraordinary step" he said the court had not taken in nearly 50 years. Joined by Justice Clarence Thomas, he called the action a "fool's errand" and a "confusing exercise that can serve no purpose except to delay the state's execution of its lawful criminal judgment."

At the heart of the issue is what federal courts are to do with claims of innocence by those convicted in state courts, when there were no constitutional violations at trial.

"This court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is 'actually' innocent," Scalia wrote. "Quite to the contrary, we have repeatedly left that question unresolved."

But Justice John Paul Stevens, who countered Scalia's dissent in an opinion joined by Justices Ruth Bader Ginsburg and Stephen G. Breyer, said the "substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing."

He suggested that it would be "arguably unconstitutional" for the federal law to not provide relief for a death row inmate who has established his innocence.

Newly installed Justice Sonia Sotomayor did not take part in the decision. The judgments of the other three justices -- Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy and Samuel A. Alito Jr. -- were not indicated in the court's order, although presumably at least two of the three agreed with the decision to order the new hearing.

Deborah Denno, a death penalty expert at Fordham Law School, said the decision was "certainly significant" and shows that the court is "paying attention to cases on death row" in which inmates are claiming federal law restricts their ability to present new evidence.

Kent Scheidegger, a capital punishment proponent at the Criminal Justice Legal Foundation, said such claims "are quite rare," and that the court's "highly unusual action" posed no threat to the death penalty system.

Davis's lawyers believe they have established an impressive case for their client's innocence with the recantations and testimony from others that Davis was not the shooter. Scalia was not impressed, and he disputed the notion from Davis that no court has carefully considered his new claims.

"A state supreme court, a state board of pardons and paroles and a federal court of appeals have all considered the evidence Davis now presents and found it lacking," Scalia wrote.

But Stevens said that, under Scalia's argument, it would not matter how persuasive the evidence was. "Imagine a petitioner in Davis's situation who possesses new evidence conclusively and definitively proving, beyond any scintilla of doubt, that he is an innocent man," Stevens wrote. "The dissent's reasoning would allow such a petitioner to be put to death nonetheless. The court correctly refuses to endorse such reasoning."

Obama Calls for Repeal of Defense of Marriage Act

By Carrie Johnson
Washington Post Staff Writer
Tuesday, August 18, 2009

The Obama administration distanced itself Monday from legal arguments it had made earlier this summer, taking pains to remove and renounce language that had outraged advocates in the gay community in a case that centers on the constitutionality of a same-sex marriage law.

In a filing by the Justice Department, administration lawyers made it clear for the first time in court that the president thinks the 13-year-old Defense of Marriage Act, which denies benefits to domestic partners of federal employees and allows states to reject same-sex marriages performed in other states, discriminates against gays and should be repealed.

A lawsuit challenging the law, which is proceeding in a district court in California, became a touchstone this summer after leaders of the Human Rights Campaign and other prominent advocacy groups for gay men and lesbians complained to the White House about its slow pace in dealing with marriage, adoption, insurance and other hot-button issues important to the gay community.

Under decades of bipartisan tradition, the Justice Department is obliged to defend statutes passed by Congress, regardless of the political imperatives of the president. But gay activists registered their pique after government lawyers filed a brief in June that included language that appeared to equate same-sex marriage with incest and pedophilia. In another passage, the lawyers wrote that heterosexual marriage is "the traditional and universally recognized form."

Neither argument appears in a follow-up brief the Justice Department filed Monday. Senior trial counsel W. Scott Simpson embraced findings by researchers and prominent medical groups, including the American Academy of Pediatrics, the American Psychological Association and the American Medical Association, in saying "that children raised by gay and lesbian parents are as likely to be well-adjusted as children raised by heterosexual parents."

And, in an unusual turn, Obama issued a statement Monday affirming that he would continue to seek repeal of the law, which has been upheld by federal judges in Florida and Washington state. The president said that he would "examine and implement measures that will help extend rights and benefits to (lesbian, gay, bisexual and transgender) couples under existing law."

Government lawyers continued to assert that the law passes constitutional muster, but they pointed to narrow grounds in seeking dismissal of the California case, Smelt v. United States. "The Justice Department cannot pick and choose which federal laws it will defend based on any one Administration's policy preferences," department spokeswoman Tracy Schmaler said.

Prominent gay rights advocates expressed satisfaction with the Justice Department's action Monday, as they turned up the heat on the White House to work with allies in Congress to overturn the 1996 law. Joe Solmonese, president of the Human Rights Campaign, called on the president anew to take a "leadership role" in repealing the Defense of Marriage Act.

"It is not enough to disavow this discriminatory law, and then wait for Congress or the courts to act," Solmonese said. "While they contend that it is the DOJ's duty to defend an act of Congress, we contend that it is the Administration's duty to defend every citizen from discrimination."

Robert Raben, a Justice Department official in the 1990s who owns a Washington lobbying firm, said that the administration had "obviously heard deep concern" from advocates who expressed indignation at the initial court filing.

"Between the Department of Justice and the White House, they did the best they could possibly do," Raben said in an interview. "It's their job to defend statutes, even lousy ones. The issue now becomes, let's get down to repealing DOMA."

The Obama administration, managing a busy and complicated legislative agenda, has not begun working with Congress to repeal the act, congressional and White House sources said. Dissatisfaction in the gay and lesbian community peaked in June, when some donors canceled plans to attend a Democratic National Committee fundraiser.

That month, Obama signed a memorandum that gives same-sex partners of federal employees access to long-term-care insurance benefits and allows civil servants to use sick leave to care for ailing domestic partners and children.

At a Washington conference in June, White House Staff Secretary Lisa Brown and vice presidential chief of staff Ronald Klain acknowledged dissatisfaction among the president's gay supporters.

"There's no question . . . that there were some cites in there that should not have been" in the earlier filing, Brown said at the American Constitution Society's annual conference, noting that this was her personal opinion. "The administration is trying hard; it's moving slowly," Brown said at the time.

Staff writer Scott Wilson contributed to this report.

Hillary Clinton Signals That She Intends to Make Women's Rights a Signature Issue

By Mary Beth Sheridan
Washington Post Staff Writer
Tuesday, August 18, 2009

She talked chickens with female farmers in Kenya. She listened to the excruciating stories of rape victims in war-torn eastern Congo. And in South Africa, Secretary of State Hillary Rodham Clinton visited a housing project built by poor women, where she danced with a choir singing "Heel-a-ree! Heel-a-ree!"

Clinton's just-concluded 11-day trip to Africa has sent the clearest signal yet that she intends to make women's rights one of her signature issues and a higher priority than ever before in American diplomacy.

She plans to press governments on abuses of women's rights and make women more central in U.S. aid programs.

But her efforts go beyond the marble halls of government and show how she is redefining the role of secretary of state. Her trips are packed with town hall meetings and visits to micro-credit projects and women's dinners. Ever the politician, she is using her star power to boost women who could be her allies.

"It's just a constant effort to elevate people who, in their societies, may not even be known by their own leaders," Clinton said in an interview. "My coming gives them a platform, which then gives us the chance to try and change the priorities of the governments."

Clinton's agenda faces numerous obstacles. The U.S. aid system is a dysfunctional jumble of programs. Some critics may question why she is focusing on women's rights instead of terrorism or nuclear proliferation. And improving the lot of women in such places as Congo is complicated by deeply rooted social problems.

"It's great she's mentioning the issue," said Brett Schaefer, an Africa scholar at the Heritage Foundation. "As to whether her bringing it up will substantially improve the situation or treatment of women in Africa, frankly I doubt it."

Lawrence Wilkerson, who was chief of staff to Secretary of State Colin L. Powell, said that Clinton has to tread carefully in socially conservative regions, particularly those where the U.S. military is at war. "You might be right, in the narrow sense of women in that country or region need to be empowered, but you're saying something inimical to other U.S. interests," he said.

Despite Clinton's efforts to spotlight women's issues, it was her own angry response to what she perceived as a sexist question at a town hall meeting in Congo that dominated American television coverage of her Africa trip. A student had asked for former president Bill Clinton's opinion on a local political issue -- "through the mouth of Mrs. Clinton." Snapped Hillary Clinton: "My husband is not the secretary of state. I am."

Clinton is not the first female secretary of state, but neither of her predecessors had her impact abroad as a pop feminist icon. On nearly every foreign trip, she has met with women -- South Korean students, Israeli entrepreneurs, Iraqi war widows, Chinese civic activists. Clinton mentioned "women" or "woman" at least 450 times in public comments in her first five months in the position, twice as often as her predecessor, Condoleezza Rice.

Clinton's interest in global women's issues is deeply personal, a mission she adopted as first lady after the stinging defeat of her health-care reform effort in 1994. For months, she kept a low profile. Then, in September 1995, she addressed the U.N. women's conference in Beijing, strongly denouncing abuses of women's rights. Delegates jumped to their feet in applause.

"It was a transformational moment for her," said Melanne Verveer, who has worked closely with Clinton since her White House days.

Clinton began traveling the world, highlighting women's issues. She gradually built a network of female activists, politicians and entrepreneurs, especially through a group she helped found, Vital Voices, that has trained more than 7,000 emerging leaders worldwide. She developed a following among middle-class women in male-dominated countries who devoured her autobiography and eagerly watched her presidential run.

"She might not be having the same restrictions as we have, but she has had restrictions -- and she's moving on. That's a symbol to us," said Tara Fela-Durotoye, a businesswoman in Abuja, Nigeria.

Clinton's legacy is evident in such places as the Victoria Mxenge housing development outside Cape Town, South Africa, a dusty sprawl of small, pastel-colored homes she championed as first lady. When her bus rolled into the female-run project during her trip, a joyful commotion broke out. Women in purple and yellow gowns lined the streets, waving wildly.

A youth choir swayed outside a community center decorated with photos of Clinton on her previous visits to the project, which has grown to 50,000 houses. Clinton vowed in a major policy address last month to make women the focus of U.S. assistance programs. The idea is applauded by development experts, who have found that investing in girls' education, maternal health and women's micro-finance provides a powerful boost to Third World families.

Ritu Sharma, president of the anti-poverty group Women Thrive Worldwide, said she already sees the results of Clinton's efforts in the bureaucracy. When Sharma's staff recently attended a meeting about a new agricultural aid program, she said, one State Department official joked, "We have to integrate women -- or we're going to be fired."

Still, Sharma questioned whether the program would succeed in reaching poor women, especially given the weaknesses in U.S. foreign assistance.

"There's a lot of healthy skepticism about 'Will it really happen?' " she said.

In a sign of the priority she gives to the issue, Clinton has appointed her close friend Verveer as the State Department's first global ambassador for women's affairs.

"She will permeate the State Department, as I want her to, with what we should be doing about empowering and focusing on women across the board," Clinton said.

One issue Verveer has been concerned about is violence against women, particularly the stunningly high number of rapes in eastern Congo. Last week, Clinton, Verveer and the delegation boarded U.N. planes to visit the remote, impoverished region and meet with rape victims. Clinton pressed the Congolese president to prosecute offenders and offered $17 million in new assistance for victims.

"Raising issues like the ones I've been raising on this trip to get governments to focus on them, to see they're not sidelined or subsidiary issues, but that the U.S. government at the highest levels cares about them, is important," she said. "It changes the dynamic within governments."

Clinton's efforts are being reinforced by a White House women's council and a Congress with a growing number of powerful female members. One sign of that: Aid dedicated to programs for Afghan women and girls increased about threefold this year, to $250 million, because of lawmakers such as Sen. Barbara Boxer (D-Calif.), who was recently named head of the first Senate subcommittee on global women's issues, and Rep. Nita M. Lowey (D-N.Y.), chairman of the House Appropriations subcommittee on foreign operations.

It is striking how much time Clinton dedicates to women's events on her trips, even ones that receive little public attention. In South Africa, a clearly delighted Clinton spent 90 minutes at the housing project, twice as long as she met with South Africa's president. "It feeds my heart," she explained. "Which is really critical to me personally since a lot of what I do as secretary of state is very formalistic. It's meetings with other officials."

Staff researcher Julie Tate contributed to this report.

Iraq May Hold Vote on Early U.S. Withdrawal

By Ernesto Londoño
Washington Post Foreign Service
Tuesday, August 18, 2009

BAGHDAD, Aug. 17 -- U.S. troops could be forced by Iraqi voters to withdraw a year ahead of schedule under a referendum the Iraqi government backed Monday, creating a potential complication for American commanders concerned about rising violence in the country's north.

Prime Minister Nouri al-Maliki's move appeared to disregard the wishes of the U.S. government, which has quietly lobbied against the plebiscite. American officials fear it could lead to the annulment of an agreement allowing U.S. troops to stay until the end of 2011, and instead force them out by the start of that year.

The Maliki government's announcement came on the day that the top U.S. general in Iraq proposed a plan to deploy troops to disputed areas in the restive north, a clear indication that the military sees a continuing need for U.S. forces even if Iraqis no longer want them here.

Gen. Ray Odierno said American troops would partner with contingents of the Iraqi army and the Kurdish regional government's paramilitary force, marking the first organized effort to pair U.S. forces with the militia, known as the pesh merga. Iraqi army and Kurdish forces nearly came to blows recently, and there is deep-seated animosity between them, owing to a decades-long fight over ancestry, land and oil.

If Iraqi lawmakers sign off on Maliki's initiative to hold a referendum in January on the withdrawal timeline, a majority of voters could annul a standing U.S.-Iraqi security agreement, forcing the military to pull out completely by January 2011 under the terms of a previous law.

It is unclear whether parliament, which is in recess until next month, would approve the referendum. Lawmakers have yet to pass a measure laying the basic ground rules for the Jan. 16 national election, their top legislative priority for the remainder of 2009.

Before signing off on the U.S.-Iraqi security agreement last year, Iraqi lawmakers demanded that voters get to weigh in on the pact in a referendum that was to take place no later than last month. Because it did not happen, American officials assumed the plebiscite was a dead issue.

U.S. officials say they have no way to know how the referendum would turn out, but they worry that many Iraqis are likely to vote against the pact. Maliki billed the withdrawal of U.S. forces from urban areas at the end of June as a "great victory" for Iraqis, and his government has since markedly curbed the authority and mobility of U.S. forces.

Senior Pentagon officials who spoke on the condition of anonymity said that Odierno probably will make an announcement later this week or early next week the accelerating the withdrawal of U.S. forces, which now stand at 130,000, by one or two brigades between now and the end of the year. Each brigade consists of about 5,000 troops. Odierno said Monday that he has not decided whether to speed up the plan, which he said remains on schedule.

The acceleration would still be much slower than if the referendum nullified the agreement.

Still, senior Pentagon officials played down Maliki's announcement, saying it was an expected part of Iraq's political process. Senior Iraqi officials did not raise the possibility of the referendum with Defense Secretary Robert M. Gates when he visited the country earlier this month, Pentagon officials said.

Bahaa Hassan, who owns a mobile phone store in Najaf, south of Baghdad, said he would vote for a speedier withdrawal.

"We want to get rid of the American influence in Iraq, because we suffer from it politically and economically," he said. "We will vote against it so Iraq will be in the hands of Iraqis again."

But many Iraqis, particularly Sunnis and Kurds, consider the presence of the U.S. military a key deterrent to abuses of power by the Shiite-led government.

"After six years of Shiite rule and struggle, we still have no electricity, so what will happen if Americans leave?" said Dhirgham Talib, a government employee in Najaf. "The field will be left to the Shiite parties to do whatever they want with no fear from anybody."

A poll commissioned by the U.S. military earlier this year found that Iraqis expressed far less confidence in American troops than in the Iraqi government or any of its security forces. Twenty-seven percent of Iraqis polled said they had confidence in U.S. forces, according to a Pentagon report presented to Congress last month. By contrast, 72 percent expressed confidence in the national government.

Zainab Karim, a Shiite lawmaker from the Sadrist movement, the most ardently anti-American faction, said she was pleasantly surprised that the government is backing the referendum.

"I consider this a good thing," she said. "But we have to wait and see whether the government is honest about this or whether it is electoral propaganda."

As the Iraqi government took steps to force U.S. troops out earlier than planned, Odierno said Monday that he would like to deploy American forces to villages along disputed areas in northern Iraq to defuse tension between Kurdish troops and forces controlled by the Shiite Arab-led government in Baghdad.

"We're working very hard to come up with a security architecture in the disputed territories that would reduce tension," Odierno told reporters. "They just all feel more comfortable if we're there."

Scores of Iraqis have been killed in recent weeks in villages along the 300-mile frontier south of the Kurdish region. U.S. military officials say the attacks bear the hallmarks of Sunni extremists, but local leaders have traded accusations to bolster their positions on whether specific areas should be under the control of Baghdad or the autonomous government of Kurdistan.

The pesh merga currently controls some villages that are nominally outside the three-province Kurdish region. The expansion of Kurdish influence in northern Iraq has prompted Maliki to deploy more troops loyal to Baghdad to northern provinces south of Kurdistan. The new provincial leadership in Nineveh province, the most restive among them, has made curbing Kurdish expansion its top priority and has called for the expulsion of pesh merga forces.

The tension, Odierno said, has created a security vacuum that has emboldened al-Qaeda in Iraq, a Sunni insurgent group that he said was almost certainly responsible for recent sensational bombings in the province. The number of civilian casualties in Iraq has increased since the urban pullout, Odierno said, largely as a result of attacks in the disputed territories.

"What we have is al-Qaeda exploiting this fissure between the Arabs and the Kurds," he said. "What we're trying to do is close that fissure."

Staff writers Greg Jaffe and Scott Wilson in Washington and special correspondents Zaid Sabah and Aziz Alwan in Baghdad, Saad Sarhan in Najaf, and Dlovan Brwari in Mosul contributed to this report.

Pakistan Taliban spokesman 'held'

Pakistan's army has arrested a man it believes to be the chief spokesman for the country's Taliban, officials say.

Maulvi Omar was a spokesman for the Tehrik Taliban Pakistan (TTP), one of the main Taliban groups in the country.

He was reportedly picked up in the Mohmand tribal area close to the border with Afghanistan, while travelling in a car with two associates.

Mr Omar is said to have been a key aide of Taliban leader Baitullah Mehsud, thought to have been killed recently.

Pakistani officials say they will produce Mr Omar before journalists later on Tuesday.

"A very, very important militant has been arrested," Maj Fazal Ur Rehman told the AFP news agency.

Despite that statement, correspondents say Maulvi Omar's importance has diminished in recent weeks because of army advances in his stronghold of Bajaur, in north-western Pakistan.

His arrest came as a senior Pakistani army officer said that it would take months to prepare an offensive against the Taliban in South Waziristan, where they are strongest.

Lt Gen Nadeem Ahmed was speaking after briefing the visiting US envoy to Afghanistan and Pakistan, Richard Holbrooke.

He said the army was short of "the right kind of equipment" in the offensive against militants in the north-west.

Problems remain

The arrest follows a concerted military offensive against the Taliban in the Swat valley region of Pakistan's North West Frontier Province.

Maulvi Omar comes from Bajaur, a tribal area in the North West where the Taliban established themselves early on.

Pakistani security forces have clashed with militants recently in nearby Mohmand, which is currently controlled by the Taliban.

The BBC's Aleem Maqbool, in Islamabad, says Maulvi Omar's detention will be seen as another success for the Pakistani military.

He was a senior aide to Baitullah Mehsud, and Pakistan will be hoping the removal of key leadership figures will plunge the Taliban into disarray, our correspondent says.

They are already on the back foot with the defeat in Swat and the reported death of Baitullah Mehsud, head of the organization.

Despite denials, there has been no clear proof yet from the Taliban that their leader is still alive.

While Maulvi Umar's position is not as vital, he is remains of significance primarily for two reasons.

He has been acting as a liaison between the various Taliban groups to settle differences.

Maulvi Umar also had strong connections in the media, and was a key figure in the Taliban's propaganda campaigns.

Correspondents say that his arrest may provide key information about the Taliban's recent operations and especially the mystery surrounding the status of Baitullah Mehsud.

Islamabad and Washington say Baitullah Mehsud was killed in a US drone attack earlier this month.

Nevertheless, the infrastructure through which militants have been recruited and trained remains in place.

There has been a surge of violence in the north-west since the army launched a summer operation to dislodge Taliban militants from their strongholds there.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/south_asia/8206489.stm

Published: 2009/08/18

Water crisis to hit Asian food

Scientists have warned Asian countries that they face chronic food shortages and likely social unrest if they do not improve water management.

The water experts are meeting at a UN-sponsored conference in Sweden.

They say countries in south and east Asia must spend billions of dollars to improve antiquated crop irrigation to cope with rapid population increases.

That estimate does not yet take into account the possible impact of global warming on water supplies, they said.

Asia's population is forecast to increase by 1.5bn people over the next 40 years.

Going hungry

The findings are published in a new joint report by the UN Food and Agricultural Organisation and the International Water Management Institute (IWMI).

They suggest that Asian countries will need to import more than a quarter of their rice and other staples to feed their populations.

"Asia's food and feed demand is expected to double by 2050," said IWMI director general Colin Chartres.

"Relying on trade to meet a large part of this demand will impose a huge and politically untenable burden on the economies of many developing countries.

"The best bet for Asia lies in revitalising its vast irrigation systems, which account for 70% of the world's total irrigated land," he said.

Without water productivity gains, South Asia would need 57% more water for irrigated agriculture and East Asia 70% more.
Report by UN Food and Agricultural Organisation and the International Water Management Institute

With new agricultural land in short supply, the solution, he said, is to intensify irrigation methods, modernising old systems built in the 1970s and 1980s.

But that, he says will require billions of dollars of investment.

'Scary scenarios'

At the same time as needing to import more food, the prices of those cereals are likely to continue to rise due to increasingly volatile international markets.

The report says millions of farmers have taken the responsibility for irrigation into their own hands, mainly using out-of-date and inefficient pump technology.

This means they can extract as much water as they like from their land, draining a precious natural resource.

"Governments' inability to regulate this practice is giving rise to scary scenarios of groundwater over-exploitation, which could lead to regional food crises and widespread social unrest," said the IWMI's Tushaar Shah, a co-author of the report.

Asian governments must join with the private sector to invest in modern, and more efficient methods of using water, the study concluded.

"Without water productivity gains, south Asia would need 57% more water for irrigated agriculture and east Asia 70% more," the study found.

"Given the scarcity of land and water, and growing water needs for cities, such a scenario is untenable," it said.

The scenarios forecast do not factor in the impact of global warming, which will likely make rainfall more erratic and less plentiful in some agricultural regions over the coming decades.

Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/2/hi/asia-pacific/8206466.stm

Published: 2009/08/18