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QuestionItNow - Voices

Saturday, September 09, 2006

The Thing That Should Not Be

Allow me to introduce myself. As can be seen, my name is Steve, and I've lived my entire life in the suburbs of Chicago. As a frequent pain in the a** commenter on QuestionItNow who enjoys a rousing and (usually) respectful debate, I have been invited by REB 84 to be a contributor and I want to thank him for the opportunity to provide a counterpoint. For quite awhile on other blogs, most notably the one for Michigan Democratic Rep. John Conyers (until I was banned), REB, Ohiodem1 (OD1), and I would go on about this and that, and I found that our debates were usually very good and very informative, and usually quite respectful (although I can be a hothead and prone to snarkiness). I am very much a conservative (but not someone who would be considered a member of the "Religious Right") and, as such, do have different views on many political items that are issues today. Most of those are on my own blog, Scipio the Metalcon. But, I appreciate and thank REB for the opportunity here.

Now that the mutual hogwash is over (just kidding), there are some real problems that do exist, some of which are challenges to the United States Constitution, specifically the First Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
In recent days, it has come out that an ABC docu-drama, titled Path to 9/11, has drawn the ire of congressional Democrats, as well as former President Bill Clinton and past members of his administration. Now, 9/11 was a definitive moment in many of our lives (I was vacationing with my girlfriend, now wife, in Virginia Beach when the attacks occurred), and America came together in a great way. But with the war in Iraq, plus many other foreign policy challenges that come across in the news, the old partisanship that infected much of the prior three administrations has come to the fore. Even some influential people began their assault on Bush when he and the Congress ordered the military into Afghanistan, saying that using the military in this fashion wasn't the appropriate response (it most assuredly was, in my opinion; OD1 has expressed this to me as well). It has even come down to who is to blame for not protecting the American people from the 9/11 attacks themselves, and this is just ridiculous. In previous debates with OD1 on this, I have asserted that 9/11 didn't occur in a vacuum of time that began on January 20, 2001, George Bush's first inauguration. The problems that led to the government's failure have been shown to have begun long before that day, earlier than even January 20, 1993, the inauguration of Bill Clinton.

Did Bush and his administration make mistakes? You bet, and there's no denying it. A few things should be mentioned:
  • Bush spent much of the period before 9/11 on domestic policy, not foreign policy.
  • His administration relied a lot on former Clinton appointees, notably Richard Clarke and George Tenet, and others. This, after the bitter battle over who won the 2000 election.
  • Bush did not seem to take seriously enough some of the intelligence reports indicating a potential attack on the US.
  • Bush left many of the Clinton-era policies and procedures regarding national security in place (especially in relation to Tenet).
It was also confirmed by the 9/11 Commission that the CIA itself was an agency with a long history of continuing problems that plagued many administrations.

With that said, one must reasonably assume that these problems were not created solely by the Bush administration. Much of it did occur during Clinton's tenure in the White House, and were brought out by the 9/11 Commission Report. When looking at Clinton's record regarding terrorist attacks against Americans, it was pitiful. In response to bin Laden's declaration of war against the United States (through a fatwa) wasn't enough to induce Clinton to reply with any kind strong diplomacy or force, a characterization of his entire administration. And even though the 9/11 Commission said as such, it has been seen by all sides of the political spectrum to have been a chance at political sniping and whitewashing the roles of those in both administrations, instead of doing what it should have done, which was to improve the federal government's intelligence capabilities and response to emergencies.

What has all of this accusatory finger-pointing done? Nothing. The problems that kept the federal government from stopping the 9/11 attacks came about due to the usual problems we see with government; change doesn't occur until there is a tragedy. The analogy of the implementation of a stop light comes to mind. Dangerous intersections don't usually get a stop light until somebody gets killed. Governments at all levels should do better about a lot of things, but they don't.

And yet, it has come to pass that not only is Bush almost completely blamed for not protecting America on 9/11, there are those who believe Bush or someone in his administration actually caused it. This has now reached Democratic candidates for Congress in the form of Dr. Bob Bowen, running for office in Florida's 15th District (he won the Democratic primary this past Tuesday). Did this kind of event occur during FDR's administration after Pearl Harbor? In some respects it did, but the bipartisanship of the government and the unity of the country looked beyond this idiocy and proceeded to the business at hand, World War II.

So, now it comes to the Path to 9/11 ABC docu-drama. Advertised as based on the 9/11 Commission report, it has put in some questionable scenes that has past and present Democratic politicians riled up. A notorious example is one where Sandy Berger, Clinton's National Security Advisor, cancelled an assasination of bin Laden just as the CIA was to perform the hit. Based on documentation, it didn't happen this way (it is believed that Tenet actually did this). Yet, compressing years of various actions into a five-hour TV show (after all, this is what it is) gave the producers what they thought was creative license. I can understand why this would upset Berger and the others, and the producers have said they would edit some of these scenes out of what will be broadcasted. But individuals like Berger really don't have much to crow about; it has come out that Berger was very much involved in not pursuing bin Laden, even if not in the way depicted. And along with his infamous theft of documents from the National Archives, just prior to his appearance at the 9/11 Commission hearings, Berger has no standing and no credibility in his complaint.

As a result, senior Democrats in Congress (including the aforementioned John Conyers, and the Senate Minority Leader Harry Reid) are trying to get ABC to not broadcast Path to 9/11. While this is not unusual (many Republicans had done the same with regards to CBS's The Reagans, which Viacom pulled from CBS and aired on Showtime), Reid has threatened ABC with imposing retribution using the Communications Act of 1934, something that many (including myself) believe is an overt act of censorship, a complete violation of the First Amendment. The claim is that the free license of ABC to use the public airwaves for broadcasting requires that anything historical or newsworthy in nature is required to stick to what some say is the absolute truth is ridiculous since this is a docu-drama, not a documentary, and that is key. If what Reid says is true, then I would argue that much of what has been said on the network news (and CNN, and MSNBC) regarding the Plame kerfuffle should also be a cause to revoke the licenses of these broadcast entities. It would also mean that movies like JFK and Fahrenheit 9/11 could never, ever be shown on network TV, as their content is questionable (Moore's film) or just outright wrong (JFK). Even if one looks at Braveheart, there's enough there to make a historian wince with the fabrication of the many events in the examination of William Wallace's life. Again, dramatic license was used in a movie, not a documentary.

This is a dangerous road being taken by Democrats. It's one thing to lash out at a network for showing a controversial TV show; it's another to use the threat of political power to come down on them. But that seems to be the nature of debate today. To me, the quality of the criticism of this President has been set so low as to be stifling to free speech. I would say that the Republican impeachment of Bill Clinton started this ball rolling, and I didn't support it then (you'll have to take my word; I wasn't a blogger then). But, I will be happy to add to the ridiculousness of the debate quality if the next President is a Democrat, provided there still is free speech left in this country for ordinary Americans, and not only to those protected by the ACLU (neo-Nazis, Klansman, and the child molesters of NAMBLA).

QuestionItNow

9 Comments:

  • Steve,

    Thank you for kicking off the point-counter-point era of QuestionItNow with a lightening rod issue. As usual you deliver a rather lengthy argument and I will have to take more time to deliver a full rebuttal. However, I will offer my first impressions of the ABC docu-drama.

    First, I have not intension of wasting two evenings watching this show. I saw the events unfold in real time and have spent much of my own time learning about the events leading up to 9/11 and more importantly the environments and conditions that helped spawn these terrorists.

    I view this as a pure propaganda piece developed for the consumption of the masses who have either bought into the “blame Clinton for everything” mantra, or those who did not pay attention to any of the independent work done by investigative journalists about the events leading up to September 11, 2001.

    Having said this, I do believe ABC executives have ulterior motives for doing what they can to help Bush look better. It is good old politics. The Bush FCC has been very accommodating to concentration of power in the hands of a few major corporations. Executives who run these conglomerates are grateful for this support and help out their friends. On the other hand, Clinton is not in power at the moment, so what real influence does he have, other than group pressure?

    BTW - I have an idea how ABC can bring some balance. Wouldn't it be fair for them to begin production on the follow-up mini-series "The Road to Iraq"?

    I am encouraged to read your thoughts on the whole Clinton impeachment fiasco. I don't recall anyone else in your camp ever sharing similar sentiments.

    By Blogger REB 84, at 1:25 AM, September 10, 2006  

  • I just cross-posted this, along with my introduction to Point-Counter-Point at Bring It On!. This post should generate a rather lively discussion.

    By Blogger REB 84, at 1:49 AM, September 10, 2006  

  • Steve - Well-written piece. I agree that the First Amendment prohibits prior restraint.

    I am coming off my self-imposed blogging vacation just long enough to write this single comment. Other duties are keeping me very busy elsewhere.

    Now, having said that I agree that government cannot restrain the publication or airing of any material, I also believe that, based on law courses I have taken (I am definintely not a lawyer), that the court test for libeling a public person (and the rules concerning libel and public persons are very different than the rules for private persons), the rule generally is that if what is published exhibits "reckless disregard for the truth", then libel has occured.

    The absolute defense against libel is "Truth". If the person or organization being sued for libel can prove that what was published was true, then libel cannot be found.

    The problem here is that if the purpose of airing this "docudrama" is to help one party or the other paint some who are engaged in political campaigns which will be decided in November this year, then even if the harmed party can show reckless disregard for the truth, this finding will probably happen two or more years down the road, and if the purpose of the program is to hold one party or the other in a bad, or untrue light, then the damage has been done, it has potentially influenced the electorate in a way that it may not have been had the untruth not been published.

    If the outcome of an election was changed by an untruth being published, then the damage to both the libeled person and the public who would have chosen another candidate had the untruth not been published would be irreparable, and no remedy would be sufficient.

    Even retraction of an untruth cannot undo all of the damage created, as once a lie gets into the public arena, some, and sometimes many people will always believe the untruth. An example that is in the news this week is the absolute refutation, and agreement by President Bush that Saddam Hussein has no responibility for 9/11. Another one is that Saddam Hussein and Osama bin Laden were operationally connected. Both wrong, both lied about, and still, even though the fact that these untruths have been unmasked pubilcally for some time, and re-confirmed by Congress this week, about 1/2 of Americans still believe this falshood to be true.

    This is a very roundabout way to say that you cannot put the genie back the bottle. A libelous contention, done in the form of an inaccurate docudrama, on the eve of the anniversary of a national tragedy, even if there is knowledge by many people that producers take licence to either compress time, create a composite character out of many people, (all techniques of "New Journalism" (Jimmy Breslin, Hunter Thompson, Truman Capote (In Cold Blood) and others), many others less schooled in the ways of powerful media will take what they see as cold, hard fact. I have to believe that the producers of the film understand exactly what they are doing, and if their intent is to mislead by reckless disregard of the truth, then the long-term remedy of libel conviction and money damages is insufficient because the genie of lies and untruth will have escaped, never to be put back into the lamp again.

    Back on "vacation".

    OD1

    By Blogger Ohiodem1, at 10:14 PM, September 10, 2006  

  • Thanks for taking a break from your vacation OD1. It is good to see you.

    BTW - As I stated earlier, I have no intention of watching ABC's propaganda piece. However, I did catch part of a very enlightening (and depressing) documentary on CBC entitled "9/11: TOXIC LEGACY" It tells the story of how Ground Zero workers have been betrayed by our government. I just posted The Ghost of 9/11 is Still Killing to share this story.

    By Blogger REB 84, at 12:03 AM, September 11, 2006  

  • Welcome Steve!!!
    One aspect that is missing is that the main reason behind Path to 9/11 and any other show for that matter...is to gain ratings. Then in turn ratings brings cash. People who want to stop this kind of program can exersize their constituitional rights and change the channel. I watched the Manning brothers. Football ratings were double Path to 9/11

    By Blogger Cal Trask, at 11:36 AM, September 11, 2006  

  • cal trask,

    Thanks. I wasn't going to watch it, but after Reid's letter regarding his using his political power to threaten Disney/ABC, I watched it and will watch it tonight. To me, this action was an unconstitutional travesty, completely against what this country is about. While there are other actions by the President that have been questioned as constitutional (and not yet proven that they aren't), this most assuredly was, and coming at this 5th anniversary of 9/11, should not be minimized or dismissed. Reid, Durbin, Stabenow, and Schumer need to be called on it, and called on it repeatedly. Because, you're right; this was just a TV show. But the letter made it a First Amendment battle.

    By Anonymous Steve, at 2:21 PM, September 11, 2006  

  • BTW...don't these guys have some more important stuff to do? Aren't they elected officials? With many of these people you just need to follow the loot..

    Another BTW...Disney/ABC/ESPN are all the same company. Maybe the conspiracy was to get more people to watch football! If it was it worked...

    By Blogger Cal Trask, at 11:31 PM, September 11, 2006  

  • Another mamoth conglomeration. What a diverse portfolio.

    Did ABC really interrupt part 2 of the mini-series so the masses could catch the Bush "we're better off with Saddam gone" propaganda live?

    By Blogger DTW 06, at 1:23 AM, September 12, 2006  

  • The Thing that Should Note Be was cross posted at TeamBio.org

    There are sixteen additional comments there.

    By Blogger REB 84, at 10:14 PM, September 20, 2006  

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