Topic: Making Use of History
The Social Contract: Will The Leviathan Survive All This?
Elsewhere, in Tautology and Royalty, in comparing this administration's view of the powers of the executive branch, particularly the view that the president has certain plenary powers that permit him to disregard laws the legislative branch enacts and rulings on those laws from the judiciary at any level, a lot of British history was condensed into a paragraph or two on all that really didn't work out very well for the folks across the pond. Charles I actually lost his head over those kind of claims. And mixed up in that all was a brief mention of Thomas Hobbes and his startling book "The Leviathan" - people are nasty and the world awful and we really need a strong government as life is "nasty, mean, brutish and short."
As political theory goes, that's one end of the spectrum, superceding the ideas floating around before the glum Hobbes penned his famous treatise - all the stuff about how without government we'd all be fine, as people are naturally good (see "Candide" and the like). The middle ground may be what John Locke was pushing in 1798 or so, that we're neither naturally good nor naturally bad, just "blank slates" - the tabula rasa business.
Which of these basic views you take really does, of course, determine what you think the "social contract" should be. That's not just late night dorm room bull session stuff. Which you think is true has to do with everyday life, with what you expect from your government, from the local cop with his radar gun catching speeders all the way up to the federal government, with FEMA and the people at the airport telling you to take off your shoes and empty your pockets, to the folks who run up massive debt and start wars and say we should trust them. You may not actually vote, few do, but you live in the contract you imagine, paying your taxes and perhaps sending someone in the family off to Iraq or Afghanistan for a few tours, hoping he or she makes it back alive and whole.
The recent business with domestic spying may make you think about such things. First there was the executive order from the president, renewed again and again, ordering the NSA to monitor the communications of particular American citizens, in America, and to disregard the law requiring a warrant to do such thing, and the special FISA court set up to issue such warrants. The president and his attorneys argue that this is legal, as everyone had previously misunderstood the constitution and the roles of the three branches, and assume that the public will be fine with it, as life is "nasty, mean, brutish and short" - and there are lots of bad guys out to kill us. People buy the Hobbes view, or so they assume, or hope. Then USA Today reveals how the targets for that secret warrantless spying were selected - a previously secret NSA database of the call records of every telephone call in America placed since late 2001, except for the calls made by the customers of Quest, the telecommunications company that refused to participate. And to be clear, the records were sold to the NSA, for profit, and not provided as a public service or any such thing. Add that both programs were run for six years by General Michael Hayden, at the top of the NSA. The head of the CIA was abruptly shown the door and the president nominated Hayden to move over there and continue.
What do you make of this?
Some are more than wary. Others, maybe most Americans , as Bill Montgomery points out here, in a long discussion of Thomas Hobbes and "Leviathan," are fine with this, as we seem to have an accepted social contract "that owes a lot to Thomas Hobbes" -
Montgomery fears the whale, which is more than the administration and any one or two corporations - it's a self-actualizing interrelated system of that and more. And most people are "instinctively" fine with it.
The first polling after the USA Today story seemed to bear that out. Thursday night the Washington Post conducted a flash poll (small sample and wide margin of error) and came up with this - "63 percent of Americans said they found the NSA program to be an acceptable way to investigate terrorism."
But Frank Luntz, the man who polls everything political, and was let go by NBC after it became more than obvious that he stacked things toward the administration's view, and the was shown to make most of his money by being paid by the Republican Party, was saying things like this - "There is a very fine line between national security and personal oppression. The public is prepared to accept a degree of intelligence intervention but this may have crossed the line. I think a majority of Americans will be opposed to this."
We're not all Hobbes fans?
Then Newsweek did a careful poll - that had a meaningful sample size with a more acceptable margin of error. The results shifted -
What a difference a day makes, as does doubling the sample size to the statistical minimum for reasonable accuracy (1007 respondents this time) - and fifty-three percent think this "invades privacy" way too much, and fifty-seven percent think the White House has gone too far in expanding presidential power.
Montgomery needn't worry. We're not all Hobbes fans. Locke is cool. Voltaire and Rousseau will do.
As a subset of this, Jane Hamsher here details the views of Richard Morin, the guy who set up the Post flash poll. He doesn't ask questions that "make him mad" and may be a pro-Republican shill, or his last name should be spelled correctly.
But Montgomery, in another item, suggests he's not concerned with the polls, as he says this -
Still, it is nice to know that what people see as the "social contract" - how they behave and how they expect others to behave, and what they expect of the government they fund - is not all that Hobbes-like, or not entirely so.
What will people make of things like this coming out after the news cycle closed down for the weekend -
And there's this little bit, referencing Richard Addington, now Cheney's chief-of-staff as his former chief-of-staff is under felony indictment and had to resign. One of the anonymous sources explains the talk going on at the time -
Hobbes lives, but others know the law and suggest it matters. They lost, but at least someone spoke up.
And as for speaking up, see this - New Jersey lawyers Bruce Afran and Carl Mayer filed suit Friday in Manhattan federal court against Verizon for contracting with the Government to provide it with customer phone records. They are "contemplating additional suits" against AT&T and Bell South. And it's nasty -
Ouch. For the legal details, see this discussion of the relevant statutes and how this could be real trouble. But that's for lawyers. Short version? The leviathan has been harpooned. Shift from Hobbes to Melville - will the New Jersey "Ahabs" be pulled under by the Great White Whale that just cannot be conquered? (No, don't think of Cheney in a Speedo.)
But the other Great White Whale may have been harpooned and actually go under.
Friday this - "Within the last week, Karl Rove told President Bush and Chief of Staff Joshua Bolten, as well as a few other high level administration officials, that he will be indicted in the CIA leak case and will immediately resign his White House job."
That's from a real journalist, Jason Leopold, who has actual sources inside the White House. There are lots of details. The planning for a post-Rove administration is underway, as is a spin strategy to assert that the removal of Bush's Brain really makes no difference at all.
Saturday the same reporter has this, Patrick Fitzgerald met with Karl Rove's lawyers Friday -
There's a discussion of this by a prominent defense attorney here - given that the meeting lasted fifteen hours it must have been complex plea bargaining that probably failed. He will go under, or so it seems. (No, don't think of Karl Rove in a Speedo.)
As for Vice President Cheney, late Friday Fitzgerald filed a new pleading in the case. That's here with an analyses here, and this exhibit, and that's a copy of Joseph Wilson's now famous July 6, 2003 New York Times op-ed item with Cheney's handwritten scribbled notes in the column.
This is trouble, as Michael Isikoff explains in the upcoming Newsweek here -
The prime mover, the real Great White, may be the central planner in punishing the man who embarrassed him, and maybe inadvertently, or purposefully, blowing the guy's wife's CIA cover, which outraged the CIA and blinded us about what Iran was up to with their nuclear program. That's interesting.
Will the leviathan survive all this?