Opening Argument – The Threat That Bush, Kerry — and the Voters — Ignore

National Journal

We all know that the retirement and health care demands of the 76 million Baby Boomers will put unprecedented strain on the already deficit-ridden federal budget, beginning about 2008 and growing for many decades. We also know that we have become dangerously dependent on foreign lenders to finance both our government’s profligacy and the yawning gap between what the American people consume and what we produce.

Opening Argument – How Bush’s Overreaching Hurts the War Against Terrorism

National Journal

On June 22, top Bush appointees beat an undignified retreat from the administration’s previous claims — in classified memos that have been leaked recently — of virtually unlimited presidential power to authorize use of torture in wartime interrogations. Six days later, the Supreme Court rejected by 6-3 President Bush’s claim of total power to detain non-Americans at Guantanamo Bay without answering to any court. And eight justices rejected Bush’s denial of due process to Yaser Esam Hamdi, a U.S. citizen whom he has held virtually incommunicado in Navy brigs for more than two years, including 21 months without seeing a lawyer.

Opening Argument – Nuclear Terror: Has Bush Made Matters Worse?

National Journal

"The United States of America will not permit the world’s most dangerous regimes to threaten us with the world’s most destructive weapons," President Bush vowed in his January 29, 2002, State of the Union address. Two and a half years later, one member of the "axis of evil" that Bush denounced in the same speech, North Korea, may have as many as eight nuclear bombs and be on its way to making about a dozen a year, with every intention of selling them to terrorists and other willing bidders.

Opening Argument – The Case of the Gradually Disappearing Supreme Court

National Journal

July 1, 2008 — With the retirement of 88-year-old Justice John Paul Stevens today, the Supreme Court’s membership dwindled to four. The remaining two liberals (Stephen Breyer and David Souter) and two conservatives (Antonin Scalia and Clarence Thomas) are almost certain to deadlock on big issues including abortion, affirmative action, gay rights, religion, and presidential war powers. So any tie-breaking replacement for Stevens would be in a position to rewrite vast areas of constitutional law.

Opening Argument – The Torture Memos: Putting the President Above the Law

National Journal

Some of the attacks on the recently leaked Bush administration legal memoranda about the use of torture and lesser forms of coercion to extract information are a bit facile. It’s easy to sit in judgment on those assigned to deal with the threat of catastrophic terrorism. It’s much harder to provide morally or legally satisfying answers to questions such as this:

Opening Argument – Must We Become More Like the Barbarians To Save Ourselves?

National Journal

My original headline posed a different question: "Presuming Guilt: Did Bush Set the Stage for Abu Ghraib?" Then came the videotaped beheading of 26-year-old American civilian Nicholas Berg. That ghastly demonstration of our enemies’ thirst for American blood may, a hard-line friend suggests, lead many Americans to "see Abu Ghraib as an ugly fraternity hazing." Be that as it may, the whole horrible tableau of news from Iraq wrenched my attention to the question posed by my revised headline.

Opening Argument – The Perils of Torturing Suspected Terrorists

National Journal

The abuses at the Abu Ghraib prison in Iraq stand out for their pointlessness as well as their cruelty. Done in the name of collecting intelligence about insurgents, this brand of brutality has surely created more of them. Sodomy with a chemical light, threats of rape, a female soldier posing gleefully next to a stack of naked male prisoners, beatings with a broom handle, to say nothing of the possible murders: These are the techniques of sadistic amateurs, not of intelligence experts. That’s why their criminality is so obvious.