In “America Can Do Better Than Continuing Isolation of Iran,” The Hill, December 4, 2018: https://thehill.com/opinion/international/419665-america-can-do-better-than-continuing-isolation-of-iran, I show that enmity between the U.S. and Iran was never inevitable and the unfortunate consequences of this country’s lengthy effort to isolate Iran.
Steven Pinker, in The Better Angels of our Nature, argued we’ve become less bloody over the centuries. But so many issues involve life and death. For two weeks this country has been discussing how to stop school shootings. This week let’s address life and death in the Middle East. Next week, events permitting, let’s discuss two issues that threaten life worldwide.
I can count on hate mail whenever I speak about the Middle East. But let’s put some things in perspective.
The world’s refugee problem swamps most countries’ willingness to take people in. Our government wants to restrict immigration and we fight over who and why. Reaction to flows of refugees threaten democratic governments across Europe and contributed to the vote for Brexit. In addition to their own disputes, the American military footprint has aggravated war and population displacement in Libya, Syria, Iraq, and Palestine among many countries in the Middle East and elsewhere.
Stepping back historically and geographically, most countries are dominated by conquering populations. This country conquered and decimated Native Americans to create our bi-coastal America. A succession of warring populations, Huns, Visigoths, Franks, Saxons, Vikings and more, fought for Europe long before the modern wars.
This has hardly been a good way of solving problems or competition for land. But even more harm lurks in the suggestion that we undo it.
The creation of Israel was plainly the result of European refusal to accept its Jewish population. Historically, the Turks in the Ottoman Empire, and the Moors in Spain, before Ferdinand and Isabella Christianized it, were much more hospitable to Jews. The twentieth century brought the fate of the Jews to a head. Europe could have solved its integration problem. But seeing the handwriting on many walls in the 1930s, people like Justice Brandeis, then on the U.S. Supreme Court, were telling friends in Europe to get out quickly. But where to? Franklin Roosevelt, despite close personal and professional relationships with many Jews, blocked boatloads of Jewish refugees from our shores for political reasons.
So the west solved its problem by exporting it – to Palestine. Everyone was a victim in this process. Jewish refugees were uprooted and they in turn uprooted Palestinians. What to do?
At about the same time, Britain was facilitating the breakup of the Indian subcontinent into India and Pakistan. It cost something like a million lives and uprooted many times that. The two countries still find it difficult to get along, but undoing 1948 is not on the table. It cannot be.
It is not true that whatever is, is just. That was proposed by the conservative philosopher Robert Nozick and I most emphatically reject it. But redressing all the wrongs of the past comes at a cost which will involve many who themselves were neither perpetrators nor victims and sometimes both. The argument about who was right and who was wrong in Palestine is not a soluble argument. No one was treated as they should have been. But even more important, fixing those wrongs implies a fight to the death of everyone there. That I cannot wish.
I cannot support complete and utter conquest for either side. We might once have insisted on an enforceable compromise. America once played a role as an honest broker and could have maximized the chance for peace. But we could not continue to play that role while giving Israel a blank check to violate its promises about settlements. The result, I fear, is going to be tragic. It may simply be too late to avert widespread disaster.
— This commentary was broadcast on WAMC Northeast Report, February 27, 2018.
The Trump Administration hasn’t included the Peace Corps in its proposal for fiscal year 2018. It proposed cutting the international affairs budget by nearly a third. It struck funding for the Legal Services Corporation which provides funds for poor people to defend what little they have. And, as we are all aware, it has advanced its war on truth by trying to cut the budget of National Public Radio. None of that will save much in the budget but it will damage the country and make life coarser and less secure for the people in it.
On Feb. 27, 2017 “retired three and four star flag and general officers from all branches of the armed services” wrote congressional leadership “to share our strong conviction that elevating and strengthening diplomacy and development alongside defense are critical to keeping America safe.”
These generals and admirals told Congress from their own experience “that many of the crises our nation faces do not have military solutions alone – from confronting violent extremist groups like ISIS in the Middle East and North Africa to preventing pandemics like Ebola and stabilizing weak and fragile states that can lead to greater instability” as well as “refugee flows that are threatening America’s strategic allies in Israel, Jordan, Turkey, and Europe.”
These military officers made it plain that “The military … needs strong civilian partners in the battle against the drivers of extremism– lack of opportunity, insecurity, injustice, and hopelessness.” From their experience, “The State Department, USAID, Millennium Challenge Corporation, Peace Corps and other development agencies are critical to preventing conflict and reducing the need to put our men and women in uniform in harm’s way.…”
The Trump Administration’s blueprint for FY2018 for 150 international affairs budget functions included no budget proposal for the Peace Corps. According to the Congressional Research Service, the nearly quarter of a million Peace Corps Volunteers who have served in 141 countries provide a form of “public diplomacy” for America, not to mention the “short-term … [postings for] emergency, humanitarian, and development assistance at the community level … including post-tsunami Thailand and Sri Lanka and post-earthquake Haiti.”. And they bring back with them and help the rest of us understand other parts of the world that few of us get to see. Both the specific attack on the Peace Corp and the general attack on diplomacy are part of the foolish short-sightedness of the current Administration.
Apparently the Administration doesn’t like poor people in the United States any more than abroad, as it made clear by trying to end the Legal Services Corporation. In commentary in the Times Union, Dean Alicia Ouellette of Albany Law School just stuck to the facts:
“People facing life-altering crises — parents losing custody of their children, families facing wrongful foreclosures, veterans wrongly denied benefits, the elderly scammed of life savings by fraudulent businesses, farmers struck by natural disaster — need the help of lawyers.”
But for the Trump Administration, if you’re too poor to hire an attorney, you don’t deserve justice. It’s not just the people who are deprived of their rights; it’s the public as well. According to a Massachusetts study, government funding of various types of legal representation showed returns of from two to five times the amount expended on counsel, depending on the area of legal services, not including the very significant benefits to state residents. Those benefits can be very significant. Dean Ouellette cited a study by the New York City Bar Association showing savings to the city of more than half again the cost of providing legal help to people who can’t afford it in a variety of non-criminal matters. Other studies similarly show that the cost of erroneous convictions vastly exceeds the cost of providing counsel.
For this president, no injury to the public or to the vulnerable is too great.
— This commentary was broadcast on WAMC Northeast Report, April 11, 2017.
 INVESTING IN JUSTICE A ROADMAP TO COST-EFFECTIVE FUNDING OF CIVIL LEGAL AID IN MASSACHUSETTS, A REPORT OF THE BOSTON BAR ASSOCIATION STATEWIDE TASK FORCE TO EXPAND CIVIL LEGAL AID IN MASSACHUSETTS, at 19-24 (2014) available at http://www.bostonbar.org/docs/default-document-library/statewide-task-force-to-expand-civil-legal-aid-in-ma—investing-in-justice.pdf.
 James R. Acker, The Flipside Injustice Of Wrongful Convictions: When The Guilty Go Free, 76 ALB. L. REV. 1629, 1631-36, 1708-09 (2012/2013).
The tragedy in Florida is linked to issues abroad. One candidate sometimes suggests we could solve our problems by isolationism, keeping our troops home, and sometimes by wiping out our adversaries with overwhelming force. His adversary has won over American military leadership with a fairly hard-nosed approach to international politics meshed with the belief that part of America’s international strength comes from our ideological appeal and social justice. What’s going to work?
The Middle East has been getting more violent. And the U.S. has been struggling to figure out how to handle it. George H.W. Bush was careful not to unravel power relations there when he rolled Iraq back from Kuwait. George W. Bush was less cautious, eliminating the Iraqi power structure without a plan to replace it. Since then we’ve been fighting multiple wars in multiple countries. Wars with guerilla tactics like these are costly. Al Qaeda and ISIL or DAESH have learned to motivate individuals or small groups outside of traceable networks. Military forces work poorly against that kind of enemy. We may be a superpower against some obstacles, but not all. The history of warfare has been a multi-millennium cycle of upstarts defeating the super powers of prior ages with new tactics.
What if we disengaged from the Middle East? I doubt Americans have the stomach for it. Israel, our so-called “ally,” continually breaks its promises to America, so the Israeli mouse drives both American Middle Eastern policy and its consequences. America cannot be an honest broker in the Middle East while backing a government of heedless buckaroos who learn nothing from the failures and constant irritation of seven decades of war, eviction of Palestinians and indiscriminate retaliation. Still less can we be an honest broker by engaging in the same tactics that make refugees of millions and radicalize too many. Who are we to criticize the Israelis when our policies have been more and more like theirs? We too pay the price. Our removal of Premier Mossadegh and replacement with the former Shah of Iran contributed to the Revolution of 1979 and subsequent demonization of America. U.S. military moves created chaos in the Sunni world, pushed Turkey toward autocracy, and helped destabilize Europe with a flow of refugees not seen since the World Wars.
Pulling out would leave a power vacuum that those we despise and sometimes fear would fill. If Russia or China were fool enough to move in, the throw weight of Islamic extremism would refocus on them. The short-run consequences, however, could be
Our policies toward the Middle East need to be rethought in light of new realities. Power relations in the Middle East have been drastically reshaped in the last fifteen years. And Saudi Arabia has been playing a double game, supporting radical Islam in return for denying the clerics the keys to governmental power, creating a Hobson’s choice for us. Obama has tried to avoid both disengagement and warfare, but his efforts to reshape thinking about the Middle East have, not surprisingly, run into a barrier of incomprehension. The U.S. should not be driven by the unreliable machinations of paranoid premiers, two-bit dictators and fractured armies in a region of declining importance to the U.S.
America accomplished a great deal in the past as a model of a fair and decent state. Foreign policy isn’t merely a contest of muscle and fire power. Its complexity requires a lot of patience. It took half of century to wait out the Soviet Union. Much as some Republicans want to credit Reagan’s grand gestures, that victory was hatched under Truman and pursued by eight presidents of both parties, without any know-it-all buckaroos upending decades of careful policy. Can we do it again? We’re going to find out.
— This commentary was broadcast on WAMC Northeast Report, June 14, 2016.
Help. Two major problems have the same structure – it doesn’t look like people will deal with the problem until it is too late. Too late means the survivors will be refugees. Everyone else will be dead. And yet getting people to deal with the threat except at the fringes has been impossible.
One of those problems is global climate change. I’m told people will come around. Great but time is not on our side. I’m told people don’t want to make any sacrifices. Great. Life is a sacrifice. We sacrifice for everything we want. How about life? For us? Our kids and grandchildren? Isn’t that worth a few pennies? What’s the matter?
We could deal with this. It’s not rocket science. Changes to the tax system would push carbon out of the air. And some regulation would clean up other parts of the problem. Is life itself, for everybody we love, not worth some sacrifice? Can’t we make it clear to everybody in this election season that anything less than a full-court, all-out press to call a halt to global warming is the sine qua non of our support, the one overriding issue, and they’d better do everything they can?
Time might have been on our side when Rachel Carson’s Silent Spring came out in 1962, Barry Commoner called attention to environmental threat of global pollution in the late 1960s, and we held the first Earth Day in 1970. That was 46 years ago. Time is not on our side now. Action is crucial now; we need to do everything possible to make the system move. Corporations that hide behind the bad-for-business apologias deserve boycotts. Everybody’s shoulders need to go to all the wheels – now.
The same dynamic underlies Israel’s miscalculation of its own position. It has now lost or is in the process of losing all its allies. The majority there has been stubborn and stupid in denying that they needed to make any changes. But it’s become obvious to many more than those of us who’ve been crying in the wilderness for years. I know I’ll get hate mail – people cover up their own blindness by refusing to see and blaming everyone else around. Sorry. That won’t help. The problem isn’t me; it’s that the world has lost patience and it doesn’t particularly matter now if the world is right or wrong. Israel never had a future without allies and Israel has been squandering its erstwhile friends. It’s bet on the Republicans has only revealed the loss of support across the American political spectrum. So will Israel go the way of the Crusades? It will take a lot of far-sighted savvy to stave that off and I doubt their politics will permit it.
Two very different problems and yet two problems that are very similar. Meanwhile, I sit down to write some commentary, and here, two problems close to my heart are looking intractable and I don’t really know what to say. Help. Let’s get this done.
— This commentary was broadcast on WAMC Northeast Report, March 22, 2016.
The struggle between Israel and Palestine and the intransigence of Israeli Prime Minister Netanyahu, leads me to think about a founder of American Zionism. In a book to come out early next year, I wrote:
… [P]rior to his Supreme Court appointment in 1916, Brandeis became leader of the American Zionist movement, heading a committee to assist endangered European Jews. He would found the American Jewish Congress, the Palestine Endowment Fund and the Palestine Co-operative Company. Zionism expressed Brandeis’ understanding of American values, the same right for Jews as other nationalities to a homeland, to strengthen their claim to equality among the world’s peoples. Palestine, he argued, must not be claimed by war but by purchase and settlement, “with clean hands … [so] as to ennoble the Jewish people. Otherwise, it will not be worth having.” He compared Zionism to the recent independence and unification of Italy, Greece, Bulgaria, Ireland and the more short-lived Servia. For Brandeis, support for justice, fairness and democracy everywhere, in service to “the brotherhood of man,” makes one a better American.
Brandeis lived long enough to fear events in Europe and advise Jews to leave Germany but he died in 1941 before we joined the war, and before Israel was born in a bath of fire. May he rest in peace.
Instead, conflict has radicalized both Israelis and Palestinians and there seems to be no brakes on the spiral of violence.
A Palestinian graduate student at RPI told me Palestinians had every right to kill any Israeli, and Israelis have no right to fight back because they are wrong. His solution was the mirror image of Israel’s, takeover of the other’s land. I pointed out that would lead to the slaughter of everyone on both sides. He shrugged. Muslims from other places listening to us made clear they got my point. But extremists on both sides make peace impossible.
I see no mechanisms in their societies to resolve the conflicts and bring people together. Israelis and Palestinians are segregated in their living space, often by walls, boundaries and checkpoints. They are segregated in schools by faith and location. They are segregated in business, finance, wherever they might work together – save where Israeli employers hire Palestinian laborers, who work when Israel allows.
Our country has brought people together since the founding, in commerce, finance, colleges and schools. Still we suffer domestic conflict between racial and other groups. Congress and a string of American presidents supported desegregation to bring people together. The formerly segregated South changed a great deal, but backlash persists across America. Curing deep-seated antagonisms is difficult. It is next to impossible where they are reinforced by physical and legal walls.
I doubt Israel and Palestine have either the time or the will to build bridges between them. Each believes in re-taking the others’ lands, not sharing them.
My concern at this point is for America. I see little advantage to our country in being drawn further into an intractable conflict with religious zealots on both sides who kill peacemakers, national leaders, and noncombatants, to prevent or derail the possibility of peace. I fear that the future includes a great deal of slaughter, and am no longer convinced it can be averted. Our only choice may be whether we, in America, get blamed for it. The Israelis need to hear that message loud and clear. There is no chance of a decent resolution as long as Israel believes they have our unconditional support.
— This commentary was broadcast on WAMC Northeast Report, October 27, 2015.
 Unfit for Democracy: The Roberts Court and the Breakdown of American Politics 34 (NYU Press 2016).