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American Proscenium by Thomas Pauken and the

Karl Rove's favorite president is Richard tion to favored reporters on a "not for at­ attempting to acquire a form of Nixon. What a twist of fate it would be tribution" basis. When the damaging from to make WMDs. Wilson had if Rove were driven from power as Nixon information appeared in print. Rove to be discredited because, if the Niger in­ was over what both men would consid­ would pile on a story that was essential­ formation were false, it cast doubt upon er trivial matters—the leaking of a CIA ly his creation in the first place. It was many of the other intelligence claims employee's name to reporters by Rove in a formula that worked for him time and made by neocons. If special prosecu­ 2004 and the Watergate break-in of the time again. This time, however, was dif­ tor Fitzgerald is going down this road, Democratic headquarters at the instiga­ ferent. had been under certain prominent figures could be in­ tion of Nixon campaign officials in 1972. "deep cover," and the CIA demanded dicted for and/or Just as it was not the Watergate break-in that the Justice Department investigate for lying about classified national-secu­ per se (but the subsequent cover-up) that the leak. To his credit, Attorney General rity matters to Congress and the Ameri­ brought Nixon down, so it may be that recused himself from the can people. Perhaps that is why leading what Karl Rove said and did after the fact case, and his deputy selected U.S. At­ neoconservative spokesman Bill Kristol will prove his undoing. torney from Chicago said that Fitzgerald "is the problem for At the center of the controversy is an to be the special prosecutor. Fitzgerald the ; we have no idea what obscure and very restrictive 1982 feder­ had previously taken on Islamic terror­ he knows..." al statute designed to protect American ists, Mafia chieftains, and corrupt politi­ The worst possible scenario for the ad­ spies. The legislation is known as the cians with notable success. How could ministration would be if it turns out that "" law and was put in place Rove possibly have guessed that the case the Niger documents in question (which to discourage people such as Agee (a dis­ would take on such importance that the all now agree were forged) were fabricat­ affected leftist who had been in the CIA) judge would require key reporters to re­ ed by individuals who may have had a from "outing" covert CIA operatives sta­ veal their sources, thus outing Lewis motive for getting us into the war. As this tioned abroad. Valerie Plame appears "Scooter" Libby and Rove? What Rove article goes to press, shadowy figures pre­ to have fallen under this category of pro­ also did not realize was that he had put viously linked to the Iran-Contra scandal tected names since she had worked un­ himself in the middle of a foreign-poli­ have been mentioned as possible origi­ dercover for the agency in her overseas cy fight between neoconservative advo­ nators of the forged documents. If there posts. The obstacle to getting a convic­ cates of the war in and critics such as is any truth to these charges, the lid will tion against Rove for leaking her identi- Wilson who were accusing the adminis­ blow off Washington—and the Bush ad­ t)' to reporters is that he would have had tration of "cooking the books" and "ma­ ministration will be history. to have known that she was an undercov­ nipulating intelligence." Richard Nixon must have spent much er operative and also known that it was Rove is such a political lightning rod of his life after the presidency wonder­ against the law to reveal her identity. It is that most of the focus has been on him. ing what went wrong—why such an in­ doubtful that Rove had such knowledge. Very little attention has been given to significant matter in the grand scheme This is not (as it was with Agee) a situa­ the other name mentioned as a source of things ended his career. I suspect he tion where you have a disgruntled activ­ for stories by syndicated columnist Rob­ never fully appreciated how the culti­ ist exposing our spies in order to disrupt ert Novak and Time magazine correspon­ vation of an environment in which the CIA covert operations and put the life dent Matthew Cooper. "Scooter" Libby ends justifies the means infected those of an agent at risk. This was simply Karl is 's chief of staff and nation­ associated with his administration. In Rove doing what he does best—employ­ al-security advisor. While Karl Rove may my judgment, Ceorge W. Bush's White ing a scorched-earth policy against any­ call the shots when it comes to President House has much more in common with one whom he views as an enemy of the Bush's domestic agenda, Vice President the Nixon administration than with his Bush administration. And Valerie Plame Cheney is king when it comes to foreign father's. The same mind-set of the end happened to be "," in Rove's policy. Paul Wolfowitz may have been justifying the means is at work here, and words, because she is the wife of Amb. Jo­ the architect of the war in Iraq, but Dick it may have caught up with Rove and oth­ seph Wilson, a man who had challenged Cheney made the call to go forward and ers in the Plame Affair. the intelligence findings that the Bush persuaded the President to give his ap­ The usual sycophants are beating the administration had used to justify its pre­ proval. drums in defense of Karl Rove, trying to emptive war against Iraq. What happens if it turns out that the make the case that conservatives have a Besides, Rove had gotten away with Bush administration relied on fabricat­ stake in keeping Rove in power. But the orchestrating smears throughout his po­ ed information about "weapons of mass party line may not save Rove's job this litical career, dating back to his days as destruction" (WMDs) to persuade Con­ time. In his eagerness to hunt down a a College Republican operative in the gress and the American people that we perceived enemy, Karl Rove stumbled Nixon years. Karl Rove is a master of had to go to war against Iraq? Ambassa­ into a national-security briar patch that using the press to do his dirt)' work for dor Wilson had debunked the adminis­ may bring the entire neocon cabal down him: he would leak sensitive informa­ tration's claim that was with him.

SEPTEMBER 2005/5

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JUDGE JOHN ROBERTS of the u.s. tives is whether Roberts, who had a very ber of the Federalist Society, a subject the Court of Appeals for the District of Co­ thin record as an appellate judge (he was Post found far more interesting than the lumbia Circuit, whom President George only on the bench for two years) will be communist affiliations of officials in those W. Bush has nominated to take the another "stealth nominee," like David presidential administrations of which it place of retiring Associate Justice San­ Souter, and whether he will veer to the approved. At the time of this writing, dra Day O'Connor, is what we used to left if appointed. He had, after all, in his what the Post had determined was that call a "lawyer's lawyer." He comes from confirmation hearings for the Court of Roberts was listed in a Federalist Society Harvard College, , Appeals, indicated that he had no prob­ directory from 1997 to 1998, even though the Harvard Law Review, a clerkship for lem upholding Roe v. Wade, which he de­ a White House spokesman told the Post one of the most brilliant federal court of scribed as the settled law of the land. that Roberts "has no recollection of ever appeals judges, Henry Friendly, and a Still, those on the Supreme Court are being a member" of the society. clerkship on the U.S. Supreme Court not bound by previous precedent, and None of this reporting was designed to with then-Associate Justice William abortion foes have been cheered by the help the readers of the Times and the Post Rehnquist. While in practice with the fact that, as a government attorney, Rob­ rest easy. In fact, the day after the nomi­ "white shoe" Washington firm of Hogan erts had signed a brief (correctly) suggest­ nation, the Times opined that, if Roberts and Hartson, Roberts was one of the most ing that there is no proper constitutional "is a mainstream conservative, in the tra­ prominent barristers before the U.S. Su­ basis for Roe and that it ought to be over­ dition of Justice O'Connor, he should be preme Court and was said to be so good turned. Most remarkably, Roberts had confirmed. But if on closer inspection he that current clerks would abandon their actually maintained in the 2003 confir­ turns out to be an extreme ideologue with memo writing just to hear him. mation hearings that he believed it to an agenda of stripping away important Those who knew Roberts when young, be the job of a judge to follow the will of rights, he should not be." By "important those who went to law school with him, the people as expressed in the Constitu­ rights," of course, the Times essentially and those who practiced with him all tion and laws, and not to legislate. If he is means abortion, the suppression of Chris­ seem to agree that this is a person of tru­ true to his word, then President Bush will tianity, and "gay rights." Unfortunately, ly exceptional talent, yet one of much have carried out his campaign promise to the fact that the Times is already worried humility. This is a combination almost bring the Court back to the point where that Roberts may be an "extreme ideo­ unknown in Washington, and, while his the Kramers wanted it. O'Connor was a logue" tells us more about how the Times nomination was quickly savaged by such "swing" justice, and Roberts, taking her views the tens of millions of Americans left-wing groups as People for the Amer­ place, just might move us back toward a who vote Republican and go to church ican Way and MoveOn.org (who feared government of laws not men. than it does about Roberts. he might vote to overturn Roe v. Wade), —Stephen B. Presser What the reporting in the Times and Democrat senators, once they got to meet the Post actually shows is that very little the man, were remarkably kind to him. is known about how Roberts views the Sen. Charles Schumer of , PRESIDENT BUSH'S nomination of most contentious legal issues of the day. who has done more than anyone to po­ Judge John Roberts to the U.S. Supreme Such a bland public record suggests ei­ liticize judicial confirmations, noted that Court has caused something just a little ther that Judge Roberts recognized early Roberts grew up in Buffalo and was, like short of panic on the left. The day after on that his extremely impressive legal cre­ Schumer, a Bulls fan. Schumer's judicia­ the announcement, dentials might one day propel him to the ry committee colleague Richard Durbin told its readers that Roberts and his wife, Court, and he desired to avoid the fate of (D-IL), normally not-much-less-savage Jane Sullivan Roberts, are "devout Cath­ Judge Bork before getting there, or that than Schumer, praised Roberts because olics." The following day, a front-page he has a cautious nature unlikely to pro­ he, like Durbin, "hated bullies." Sen. Ed­ headline proclaimed that Roberts' life duce change on the Court. ward Kennedy (D-MA), former scourge is "rooted" in "faith," and Times read­ In the absence of a strong public re­ of Robert Bork, huffed and puffed and, ers later learned that the Robertses had cord, people on all sides of the debate like his fellow Massachusetts solon John "joined a church in Bethesda to follow were reduced to reading the sort of tea Kerry, said that Roberts would still have their priest, Msgr. Peter J. Vaghi, who was leaves the Times and Post kept busy re­ to satisfy the Democrats that he would not well known in the Washington area as an porting. Those tea leaves could be read turn the Court in dangerous directions. advocate of Catholic orthodoxy and an in various ways. In his confirmation hear­ Unfortunately for the Democrats, opponent of abortion." More intrepid re­ ing for the D.C. Circuit judgeship, Rob­ however, their last two successful Su­ porting in the Times revealed that Roberts erts told the Senate that Roe v. Wade is preme Court nominations, Ruth Bader is a Republican and also a man, a fact that "more than settled" law. While working Ginsburg and Stephen Breyer, stoutly caused Justice Sandra Day O'Connor to in the George H.W. Bush administra­ maintained at their confirmation hear­ express disappointment that her proposed tion, however, Roberts signed a brief ex­ ings that it would be inappropriate to successor would not also be the beneficia­ pressing that administration's view that predict how they might rule as justices, ry of affirmative action. Roe V. Wade should be overturned. In and there is no reason why Roberts is not Meanwhile, de­ addition, his wife has served as an officer going to be able to follow their example. voted its energies to trying to determine and board member of Feminists for Life, The question on the mind of conserva­ whether Roberts had ever been a mem­ which is committed to overturning Roe

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