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DAILY 03-09-10 MD RE A19 BLACK
TUESDAY, MARCH 9, 2010
KLMNO R A19
ANNE APPLEBAUM
Greece fatigue
Colombia’s
“Sell your islands, you bankrupt have been paying for European unity
democratic
Greeks — and the Acropolis too!” — not just the currency but also the
— headline, Bild newspaper, farming subsidies, assistance to
March 4 poorer regions, highways in Spain
victory
and Ireland, and so on — for decades
S
ometimes they cut to the es- without much complaint. In
sence of the story, those tabloid- Warsaw, some children’s play-
headline writers, even when grounds display signs declaring that by Robert Kagan
they haven’t got the quotation they have been “built with European and Aroop Mukharji
exactly right. What the German money,” most of which presumably
politician quoted in the Bild article comes from German taxpayers. So
cited above actually said was: “A why are German taxpayers suddenly
bankrupt party must use everything complaining about the Greeks?
KEEPAMERICASAFE.COM
T
here is plenty of pessimism about
democracy these days, and au-
tocrats seem to be on the march on
he has to make money and serve his The obvious answer has to do with A scene from Keep America Safe’s video demanding that the “al-Qaeda 7” be named. every continent. So we should take note
creditors. . . . Greece owns buildings, that poor timing: Germany is still when democracy triumphs over auto-
companies and several uninhabited effectively in recession, unemploy- EUGENE ROBINSON cratic temptations.
islands, which can now be used to ment is relatively high and the new That’s what happened in Colombia re-
repay debt.” ruling coalition has sworn to curtail
Smearing the Constitution
cently. President Álvaro Uribe had hint-
What the politician meant, spending. In other words, for the ed for some time that he might run for a
though, was more accurately first time in a long time Germans are third consecutive term, despite the con-
reflected in that Bild headline: The feeling a direct pinch on their stitution’s two-term limit. Last summer
Germans are fed up with paying the incomes, their pensions and state
T
he word “McCarthyism” is overused, “Whose values do they share?” a video on Colombia’s House and Senate, con-
bills of everybody in Europe, they institutions, including schools. If but in this case it’s mild. Liz Cheney, the group’s Web site ominously asks. The an- trolled by allies of Uribe, passed a bill to
don’t want to bail out the feckless they don’t feel like bailing out other the former vice president’s ambitious swer is obvious: the values enshrined in the change the constitution. The next and fi-
Greeks with their flagrantly inaccu- people at this moment in the daughter, has in her hand a list of Justice De- U.S. Constitution. nal step was a popular referendum in
rate official statistics, they resent economic cycle — particularly partment lawyers whose “values” she has the The most prominent of the nine Justice of- May to endorse Uribe’s reelection. If that
being Europe’s banker of last resort, people who enjoy an earlier gall to question. She ought to spend the time ficials, Principal Deputy Solicitor General sounds familiar, it should. It was by
they object to the universal demand retirement age — no one can blame examining her own principles, if she can find Neal Katyal, represented Osama bin Laden’s popular referendum that Venezuela’s
that they plug the vast holes in the them. them. driver, Salim Hamdan, in a case that went to Hugo Chávez installed himself as a vir-
Greek deficit in the name of The less obvious answer is related A group that Liz Cheney co-chairs, called the Supreme Court. In a 5-to-3 decision, the tual president-for-life. But late last
“European unity” — and for the first to those comments about Nazis. For Keep America Safe, has spent the past two court sided with Hamdan and ruled that the month Colombia’s constitutional court
time in a long time they are saying the driving force behind the creation weeks scurrilously attacking the Justice De- Bush administration’s military tribunals rejected the bill. The referendum is
this out loud. Not only are tabloids of the European Union in the 1950s partment officials because they “represented were unconstitutional. Are Liz Cheney and dead, and Colombia’s democracy lives.
demanding the sale of the Acropolis; was Germany’s guilt about World or advocated for terrorist detainees” before her pals angry that Katyal was right? Or do Uribe would almost certainly have
Germany’s deeply serious paper of War II: Although other countries joining the administration. In other words, they also question the “values” and patriot- been reelected had he been allowed to
record, the Frankfurter Allgemeine had different motives, the whole they did what lawyers are supposed to do in ism of the five justices who voted with the run again. He is overwhelmingly popu-
Zeitung, has pointed out that while point of European economic and this country: ensure that even the most un- majority? lar in Colombia. He has beaten back ter-
the Greeks are out protesting having political unity, from the German popular defendants have adequate legal rep- The letter from the conservative lawyers rorism and the drug cartels and made
to raise their pension eligibility age perspective, was to drown the nation resentation and that the government obeys points out that “in terrorism detentions and even the streets of Medellin safe to walk.
from 61 to 63, Germany recently and its singular history in something the law. trials alike, defense lawyers are playing, and If anyone could make a case for a third
raised its pension age from 65 to 67: larger and more palatable. Liz Cheney is not ignorant, and neither will continue to play, a key role.” It notes that term, it was Uribe. And if the court de-
“Does that mean that the Germans Along the way, Europe acquired are the other co-chairs of her group, ad- whether terrorism suspects are tried in civil- cided to approve the referendum, many
should in future extend the working other reasons for existence: The vocate Debra Burlingame and pundit Wil- ian or military courts, they will have access were prepared to look the other way.
age from 67 to 69, so that Greeks can euro — the continental currency that liam Kristol, who writes a monthly column to counsel — and that Guantanamo inmates, Fortunately, the court took a different
enjoy their retirement?” has been rendered wobbly by for The Post. Presumably they know that even if they do not face formal charges, have view, perhaps understanding that a
With an unerringly poor sense of Greece’s national debt — was created “the American tradition of zealous represen- a right to habeas corpus review of their de- third term would have been bad for Co-
timing, the Greeks have, in response, to help the single European market tation of unpopular clients is at least as old tention. It is the federal courts — not defense lombia, bad for the hemisphere and bad
chosen this moment to flaunt their compete with the United States. But as John Adams’ representation of the British lawyers — that have made all of this crystal even for Uribe. It would have been a
own resentments. One Greek political feelings run deeper than soldiers charged in the Boston Massacre” — clear. If Cheney and her group object, they blow — possibly fatal — to the democ-
minister complained to the BBC that economic needs, and without that in other words, older than the nation itself. should prepare a blanket denunciation of racy he has done so much to save.
the Nazis “took away the Greek gold fundamental German urge to That quote is from a letter by a group of the federal judiciary. Or maybe what they More than reflecting the immediate
that was in the Bank of Greece, they sacrifice national sovereignty, the conservative lawyers — including several really don’t like is that pesky old Constitu- desires of the people, a successful de-
took away the Greek money and they whole thing will fall apart. former high-ranking officials of the Bush- tion, with all its checks, balances and guar- mocracy must also rest on strong insti-
never gave it back.” The mayor of Which is why this wave of German Cheney administration, legal scholars who antees of due process. How inconvenient to tutional and legal foundations that are
Athens has demanded 70 billion indignation over the Greek bailout is have supported draconian detention and in- live in a country that respects the rule of law. above any one man. Especially in a nas-
euros (about $95 billion) for the so important: After all, Germany is terrogation policies, and even Kenneth W. But there I go again, taking the whole cent democracy, the integrity of institu-
damage the Nazis left behind after now run by a generation with no Starr — that blasts the “shameful series of at- thing seriously. This is really part of a death- tions is as important as the will of the
the war. The Greek consumer personal memories of the war. tacks” in which Liz Cheney has been the by-a-thousand-cuts strategy to wound Presi- people. The Colombian constitution is
organization, not exactly thankful Germany’s historical debate is now principal mouthpiece. Among the signers dent Obama politically. The charge of soft- only 20 years old, and it was already
for the German bailout or Europe’s focused on the fate of Germans who are Larry Thompson, who was deputy attor- ness on terrorism — or terrorist suspects — changed four years ago to allow Uribe to
demands for Greek budget cuts, has suffered from wartime bombing and ney general under John Ashcroft; Peter Keis- is absurd; Obama has brought far more re- run for a second term. Had he been in of-
called for a boycott of German postwar deportation, not on the fate ler, who was acting attorney general for a sources and focus to the war against al- fice four more years, Uribe would have
products. Officially, the Germans of Germany’s victims — in Greece or time during George W. Bush’s second term; Qaeda in Afghanistan than the Bush-Cheney ended up appointing most of the su-
have described these comments as anywhere else. Sooner or later, and Bradford Berenson, who was an associ- administration cared to summon. Since preme court and the top generals. In ef-
“not helpful.” Unofficially, the Germans will collectively decide that ate White House counsel during Bush’s first Obama’s opponents can’t attack him on sub- fect, a third term would have paved the
German press is foaming at the enough sacrifices have been made term. stance, they resort to atmospherics. They way for Uribe to build a government
mouth (see above), for once accu- and that the debt to Europe has been “To suggest that the Justice Department distort. They insinuate. They sully. They around himself.
rately reflecting the views of paid. Thanks to the ungrateful should not employ talented lawyers who blow smoke. Some Colombians drew analogies be-
German politicians and German Greeks, with their island villas and have advocated on behalf of detainees This time, obviously, they went too far. But tween Uribe and Franklin Roosevelt, the
voters. large pensions, that day may arrive maligns the patriotism of people who have the next Big Lie is probably already in the only U.S. president to be elected more
What’s curious is why this is more quickly than we originally taken honorable positions on contested works. Scorched-earth groups like Keep than twice. In the 1930s and ’40s, how-
happening at this particular thought. questions,” the letter states. America Safe may just be pretending not to ever, American democracy was deep-
moment: After all, the Germans applebaumletters@washpost.com But maligning is apparently the whole understand our most firmly established and rooted and unchallenged, and the short
point of the exercise. The smear campaign cherished legal principles, but there is one break from the norm led to strict term
by Cheney, et al., has nothing to do with thing they genuinely don’t grasp: the con- limits that have been observed since. Co-
RICHARD COHEN
keeping America safe. It can only be an at- cept of shame. lombia is a young democracy whose fu-
tempt to inflict political damage on the Oba- ture is in doubt.
Ramming speed!
ma administration by portraying the Justice A better model for those on the cusp
Department as somehow “soft” on terrorism. The writer will answer questions at 1 p.m. of being “presidents for life” would be
Even by Washington’s low standards, this is today at www.washingtonpost.com. His George Washington. When American
unbelievably dishonest and dishonorable. e-mail address is eugenerobinson@washpost.com. democracy was young and fragile, Wash-
G
oogling to my heart’s content tem that did not crater, and jobs that ington chose to limit his time in office
on a recent eve, I decided to were retained along with a rate of despite his popularity. He understood a
match “health care” with “ram” joblessness that recently has been
No, it’s not McCarthyism
fundamental axiom of democracy —
to see what would happen. What I got reduced. that there is more than one person fit to
was about 9.8 million hits, some of As anyone in TV can tell you, it is lead a country through a robust govern-
them right on the nose and reflecting impossible to film a reduction in the ment. In several countries, this principle
the current conservative meme that joblessness rate or a bank that’s saved Where was the moral outrage when fine has been sacrificed for personal ambi-
after more than a year, several votes, — “before” and “after” look identical by Marc A. Thiessen lawyers such as John Yoo, Jay Bybee, David tion and misguided notions of
countless presidential speeches and — or, for that matter, teachers who Addington, Jim Haynes and Steve Bradbury irreplaceability.
having to look upon the face of Harry were not laid off because their school The effect of a third Uribe term would
Reid some 10,000 times, the health- system got stimulus funds. These are have extended beyond Colombia. Demo-
care bill is being “rammed” through the visual equivalent of the sound W
ould most Americans want to know if came under personal attack? Their critics did not
the Justice Department had hired mob demand transparency; they demanded heads.
lawyers and then put them in charge of They called these individuals “war criminals” cracy is being undermined across South
Congress — an absurdity that now has made by the tree that falls in the forest mob cases? Of course. They would rightly want and sought to have them fired, disbarred and America, where hyper-presidencies and
currency through sheer repetition. It but that no one hears. There’s nothing their elected representatives to find out who even jailed. Philippe Sands, author of the constitutional change have become
is not exactly the renowned vaunted to show. The Iraq war will not end these lawyers were and what roles they were “Torture Team,” crowed: “This is the end of these commonplace. Uribe would have
Big Lie, just a miserable little one. with Obama on the deck of an aircraft playing at Justice. people’s professional reputations!” Who accused strengthened a trend begun by Chávez,
The vaunted reasonable man might carrier, wallowing in patriotic kitsch. Yet Attorney General Eric Holder hired former him of “shameful” personal attacks? joined by Ecuador’s Rafael Correa,
protest that an entire lifetime of at- The picture will simply go dark. This al-Qaeda lawyers to the Justice Department and Today’s standard seems to be that you can do Bolivia’s Evo Morales and attempted in
tempted health-care reform does not is a PR dilemma and, for Obama, a has resisted providing Congress basic informa- anything when it comes to the Bush lawyers who Honduras by Manuel Zelaya.
amount to a ramming, but the polls political catastrophe. tion. In November, Republicans on the Senate Ju- defended America against terrorists. But if you Instead, Colombia has pushed back
do suggest that President Obama’s Great presidents lead. In a sense, diciary Committee requested that Holder identi- publish an Internet ad or ask legitimate ques- against this wave of autocracy and
plan — and it is now his plan — is out Lincoln “rammed” through the fy officials who represented terrorists or worked tions about Obama administration lawyers who struck a blow that should resonate.
of favor with the public. This is what Emancipation Proclamation just as for organizations advocating on their behalf, the defended America’s terrorist enemies, you are Tempted by easy constitutional change,
now passes for a compelling argu- FDR “rammed” through Lend-Lease, cases and projects they worked on before joining engaged in a witch hunt. Colombia chose instead to set a model
ment against the bill. It is, instead, al- Truman “rammed” through deseg- the administration, the cases and projects Some say the lawyers are following a great for durable and peaceful democratic
most entirely beside the point. regation of the military, and Lyndon they’ve worked on since, and name officials who American tradition in which everyone gets a transitions of power.
In our poll-driven culture it might Johnson “rammed” the Civil Rights have recused themselves because of prior work lawyer and their day in court. Not so, says Andy Uribe is the ultimate hero of this story.
seem strange for a president to at- Act down the throat of a gagging on behalf of terrorist detainees. McCarthy, the former assistant U.S. attorney who Whatever his personal desires, he
tempt something that’s somewhat un- South. These might be considered Holder stonewalled. Finally, two weeks ago, he put Omar Abdel Rahman, the “blind sheik,” allowed the court to do its job without
popular but merely right. After all, the more dramatic issues than mundane admitted that nine political appointees at Justice behind bars for the 1993 World Trade Center interference. Whatever his accomplish-
health-care bill has almost no near- health care, I grant you — but grant had represented or advocated for terrorist de- bombing. “The Sixth Amendment guarantees ments, including defeating terrorists
term benefit for anyone who votes. Its me an exception for someone putting tainees, but he did not identify seven whose the accused — that means somebody who has and giving Colombians hope, his
immediate beneficiaries are the unin- off doctor visits because he or she names were not publicly known or directly an- been indicted or otherwise charged with a crime greatest gift to his people will be a
sured, consisting of the poor and vul- can’t afford to be sick. To that person, swer other questions. So Keep America Safe, a — a right to counsel,” McCarthy told me. “But society and political system based not
nerable, and the young and delusion- this bill is as dramatic as the group headed by Liz Cheney, posted a Web ad de- that right only exists if you are accused, which on the power and appeal of an
ally invincible. As a voting bloc, they difference between sickness and manding that Holder identify the “al-Qaeda sev- means you are someone who the government individual but on the rule of law.
largely don’t. health — the great divide of mankind. en.” A subsequent Fox News investigation un- has brought into the civilian criminal justice It is hard to know what role the
The rest of America looks at the bill The baleful fact is that the country earthed the names. Only under this public pres- system.” The habeas lawyers were not doing their Obama administration played in all this.
and shudders. It seems to promise suffers from a surfeit of democracy — sure did Justice confirm their identities — but constitutional duty to defend unpopular President Obama had privately urged
nothing but hardship. The aged have a gazillion interest groups, a gazillion Holder still refuses to disclose their roles in de- criminal defendants. They were using the federal Uribe against seeking a third term, but
Medicare, and most workers have in- blogs, a gazillion talk shows and all of tention policy. courts as a tool to undermine our military’s the administration had done little in
surance of some sort. Sure, many fear them insisting on transparency so a Americans have a right to this information. ability to keep dangerous enemy combatants off public. It is difficult to say whether this
losing what they have and rightly hate gazillion eyes peer over the shoulders One lawyer in the Justice Department’s national the battlefield in a time of war. was to avoid the appearance of a heavy
insurance companies, but they seem of politicians. The black but necessary security division, Jennifer Daskal, has written If lawyers who once sought to free captured hand or because the administration is
to prefer their existing plans to what art of politics shies from the sun. Little that any terrorist not charged with a crime terrorists are setting U.S. policy when it comes to hesitant to make democracy promotion
they have been told will be a program gets done. Backrooms have been “should be released from Guantanamo’s system the release of Guantanamo detainees, moving a priority.
run by sullen former Soviet bureau- turned into rec rooms and meetings of indefinite detention” even though “at least terrorists to the United States, trying senior But the Obama administration will
crats. Opt out and you will be are seminars. We are doomed. Worse, some of these men may . . . join the battlefield to al-Qaeda leaders in civilian courts, or giving soon have opportunities to do more.
liquidated. we are bored. fight U.S. soldiers and our allies another day.” captured terrorists Miranda rights, then, as Sen. Egypt, for example, is a democracy in
As with almost everything else the Google does not tell the whole Should a lawyer who advocates freeing terrorists, Chuck Grassley put it, the public has “a right to name only, and it is to hold
Obama administration has story. It fails to answer what’s wrong knowing that they may go on to kill Americans, know who advises the attorney general and the parliamentary elections this year. One
attempted, the benefits of health with the old belief — a virtual child- have any role in setting U.S. detention policy? Do president on these critical matters.” Only then hopes that Obama seizes these and
insurance reform either are invisible hood mantra — that “majority rules”? other lawyers in question hold similarly radical can Congress judge whether these individuals other chances to further America’s
to the monumentally important It was never “supermajority rules,” views? have properly recused themselves or should be interest in a democratic world. We will
television camera or are promised for and the presidency was never Without the information Holder is withhold- involved in detainee matters. The charge of not always be able to count on the
a future time. No one can see savings intended as a weather vane, turning ing, we cannot know whether such lawyers are McCarthyism is intended to intimidate those willingness of powerful men to place
— either to the health system or the this way and that on the slight breeze affecting detainee policy. Yet for raising ques- raising legitimate questions. But asking such themselves under the law.
economy in general — not because of the latest poll. Lead and the people tions, Cheney and others have been vilified. For- questions is properly called oversight.
they are fictitious but because they will — or will not — follow. Either way, mer Clinton Justice Department official Walter Robert Kagan, a senior associate at the
are unfilmable. ram the damn thing, Mr. President. Dellinger decried on this page the “shameful” Marc A. Thiessen is the author of “Courting Carnegie Endowment for International
It is the same with auto companies Ram it! personal attacks on “these fine lawyers.” Many Disaster.” This is an edited version of his weekly Peace, writes a monthly column for The Post.
that did not disappear, a financial sys- cohenr@washpost.com have leveled charges of “McCarthyism.” column for washingtonpost.com. Aroop Mukharji is a junior fellow at Carnegie.
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