What We Lose if We Give Up Privacy

What is privacy? Why should we want to hold onto it? Why is it important, necessary, precious?

Is it just some prissy relic of the pretechnological past?

We talk about this now because of Edward Snowden, the National Security Agency revelations, and new fears that we are operating, all of us, within what has become or is becoming a massive surveillance state. They log your calls here, they can listen in, they can read your emails. They keep the data in mammoth machines that contain a huge collection of information about you and yours. This of course is in pursuit of a laudable goal, security in the age of terror.

Is it excessive? It certainly appears to be. Does that matter? Yes. Among other reasons: The end of the expectation that citizens’ communications are and will remain private will probably change us as a people, and a country.

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Among the pertinent definitions of privacy from the Oxford English Dictionary: “freedom from disturbance or intrusion,” “intended only for the use of a particular person or persons,” belonging to “the property of a particular person.” Also: “confidential, not to be disclosed to others.” Among others, the OED quotes the playwright Arthur Miller, describing the McCarthy era: “Conscience was no longer a private matter but one of state administration.”

Privacy is connected to personhood. It has to do with intimate things—the innards of your head and heart, the workings of your mind—and the boundary between those things and the world outside.

Surveillance StateA loss of the expectation of privacy in communications is a loss of something personal and intimate, and it will have broader implications. That is the view of Nat Hentoff, the great journalist and civil libertarian. He is 88 now and on fire on the issue of privacy. “The media has awakened,” he told me. “Congress has awakened, to some extent.” Both are beginning to realize “that there are particular constitutional liberty rights that [Americans] have that distinguish them from all other people, and one of them is privacy.”

Mr. Hentoff sees excessive government surveillance as violative of the Fourth Amendment, which protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” and requires that warrants be issued only “upon probable cause . . . particularly describing the place to be searched, and the persons or things to be seized.”

But Mr. Hentoff sees the surveillance state as a threat to free speech, too. About a year ago he went up to Harvard to speak to a class. He asked, he recalled: “How many of you realize the connection between what’s happening with the Fourth Amendment with the First Amendment?” He told the students that if citizens don’t have basic privacies—firm protections against the search and seizure of your private communications, for instance—they will be left feeling “threatened.” This will make citizens increasingly concerned “about what they say, and they do, and they think.” It will have the effect of constricting freedom of expression. Americans will become careful about what they say that can be misunderstood or misinterpreted, and then too careful about what they say that can be understood. The inevitable end of surveillance is self-censorship.

All of a sudden, the room became quiet. “These were bright kids, interested, concerned, but they hadn’t made an obvious connection about who we are as a people.” We are “free citizens in a self-governing republic.”

Mr. Hentoff once asked Justice William Brennan “a schoolboy’s question”: What is the most important amendment to the Constitution? “Brennan said the First Amendment, because all the other ones come from that. If you don’t have free speech you have to be afraid, you lack a vital part of what it is to be a human being who is free to be who you want to be.” Your own growth as a person will in time be constricted, because we come to know ourselves by our thoughts.

He wonders if Americans know who they are compared to what the Constitution says they are.

Mr. Hentoff’s second point: An entrenched surveillance state will change and distort the balance that allows free government to function successfully. Broad and intrusive surveillance will, definitively, put government in charge. But a republic only works, Mr. Hentoff notes, if public officials know that they—and the government itself—answer to the citizens. It doesn’t work, and is distorted, if the citizens must answer to the government. And that will happen more and more if the government knows—and you know—that the government has something, or some things, on you. “The bad thing is you no longer have the one thing we’re supposed to have as Americans living in a self-governing republic,” Mr. Hentoff said. “The people we elect are not your bosses, they are responsible to us.” They must answer to us. But if they increasingly control our privacy, “suddenly they’re in charge if they know what you’re thinking.”

This is a shift in the democratic dynamic. “If we don’t have free speech then what can we do if the people who govern us have no respect for us, may indeed make life difficult for us, and in fact belittle us?”

If massive surveillance continues and grows, could it change the national character? “Yes, because it will change free speech.”

What of those who say, “I have nothing to fear, I don’t do anything wrong”? Mr. Hentoff suggests that’s a false sense of security. “When you have this amount of privacy invasion put into these huge data banks, who knows what will come out?” Or can be made to come out through misunderstanding the data, or finagling, or mischief of one sort or another. “People say, ‘Well I’ve done nothing wrong so why should I worry?’ But that’s too easy a way to get out of what is in our history—constant attempts to try to change who we are as Americans.” Asked about those attempts, he mentions the Alien and Sedition Acts of 1798, the Red Scare of the 1920s and the McCarthy era. Those times and incidents, he says, were more than specific scandals or news stories, they were attempts to change our nature as a people.

What of those who say they don’t care what the federal government does as long as it keeps us safe? The threat of terrorism is real, Mr. Hentoff acknowledges. Al Qaeda is still here, its networks are growing. But you have to be careful about who’s running U.S. intelligence and U.S. security, and they have to be fully versed in and obey constitutional guarantees. “There has to be somebody supervising them who knows what’s right. . . . Terrorism is not going to go away. But we need someone in charge of the whole apparatus who has read the Constitution.”

Advances in technology constantly up the ability of what government can do. Its technological expertise will only become deeper and broader. “They think they’re getting to how you think. The technology is such that with the masses of databases, then privacy will get even weaker.”

Mr. Hentoff notes that J. Edgar Hoover didn’t have all this technology. “He would be so envious of what NSA can do.”

The High Cost of ObamaCare

This is the reason many people don’t like ObamaCare. It’s also part of why people wind up making fun of the president at state fairs. (On that, everyone should breathe deep and remember, as the noted political philosopher Orson Welles once put it: “It’s the business of the American people to take the mickey out of the president.” It’s not only what we do, it’s what we should do. Welles was speaking on a talk show; it was the 1970s; he was talking about people making fun of some Republican president, Nixon or Ford. So what? They can take it. And they’re not kings. Let me suggest a classy Obama move that might go over well. From his Vineyard vacation spot he should have the press office issue a release saying his reaction to finding out a rodeo clown was rudely spoofing him, was, “So what?” Say he loves free speech, including inevitably derision directed at him, and he does not wish for the Missouri state fair to fire the guy, and hopes those politicians (unctuously, excessively, embarrassingly) damning the clown and the crowd would pipe down and relax. This would be graceful and nice, wouldn’t it? He would never do it. He gives every sign of being a person who really believes he shouldn’t be made fun of, and if he is it’s probably racially toned, because why else would you make fun of him?

But back to health care. The piece I linked to, by Yuxing Zheng of the Oregonian, makes quick work of a complicated subject. A woman in Cornelius, Ore., takes care of her disabled 22-year-old daughter. The daughter has cerebral palsy, spina bifida and a condition called automonic dysreflexia. She requires 24-hour care. The mother provides it, receiving for this $1,400 a month. The mother fears—and is apparently right to fear—a provision of the Affordable Care Act that will, as Zheng reports, “largely prohibit guardians from serving as the paid caregiver of an adult child with developmental disabilities.” The mother is afraid this will mean foster care for her daughter, or a lengthy and costly process in which she herself will be forced to transfer legal guardianship to someone else. The provision, the paper says, will likely cause hardship for hundreds of Oregon families in which the guardian and the caregiver are the same person.

Oregon officials are asking the administration for an exemption to the provision.

Four points. First, no mother or child should be put in this position by a government ostensibly trying to improve their lives. Second, everyone in America knows health care is a complicated and complex subject, that a national bill will have 10 million moving parts, and that when a government far away—that would be Washington, D.C.—decides to take greater control of the nation’s health care it will likely get many, maybe a majority, of the moving parts wrong. A bill that is passed and is meant to do A will become Law U—a law of unforeseen, unplanned and unexpected consequences. And that’s giving Washington the benefit of the doubt, and assuming they really meant to honestly produce Law A. Third, because health-care legislation is so complex, it is almost impossible for people to understand it, to get their arms around what may be a given bill’s inadequacies and structural flaws. Stories of those inadequacies and flaws dribble out day by day, in stories like this one. They produce a large negative blur, and a feeling of public anxiety: What will we find out tomorrow? The administration reacts, as the president has, with protestations about how every large, life-enhancing bill has hitches and bumps along the way. But this thing looks now like one large hitch, one big and never ending bump. Fourth, when a thousand things have to be changed about a law to make it workable, some politician is going to stand up and say: “This was a noble effort in the right direction but let’s do the right thing and simplify everything, with a transparent and understandable plan: single payer.” Will that be Mrs. Clinton’s theme in 2016?

How Obama Wooed the Middle Class

Dan Balz’s “Collision 2012” is the best presidential campaign chronicle in many years. It is a great book, in part because it isn’t about what happened as much as about how people in the campaigns were thinking. It is unusual in that it gives proper place to the impact of thought on political outcomes.

The Obama campaign had a lot going for it in 2012, but a lot going against it, too, most obviously the economy. A year before the election Americans weren’t sure who the president was. He held himself at bay, observes Mr. Balz: “An Obama friend once suggested to me that the teleprompter was a perfect metaphor for the president, a physical symbol of how he kept the world at arm’s length.” His ties with the institutional Democratic Party were “minimal.” Members of his own White House were still trying to explain his ideology and leadership style. One compared the president’s relationship with the left to Lincoln’s with the radical Republicans who thought him too cautious, when in retrospect he was daring.

Middle Class out in the coldOthers around President Obama said he was no centrist like Bill Clinton. He saw no particular virtue in staking out the middle or splitting differences. Compared with Mr. Clinton, Obama “had less capacity to put himself in the minds of his opponents, to understand where they were coming from and why,” Mr. Balz writes. That hindered his ability to negotiate successfully with Republicans in Congress, which in turn damaged his reputation for competence.

So the Obama campaign faced real challenges. But they loved research and data, which they used to help think it all through.

They knew the economy was the president’s biggest obstacle to re-election, that they couldn’t win a referendum on his economic stewardship. They wanted a way to “leapfrog” the immediate economic debate. In Iowa they convened a focus group of independents who had supported Obama in 2008 but voted Republican in 2010. They found themselves fascinated by one frustrated man in his 50s. An Obama adviser summed up the man’s stated grievances: “I can’t send my kid to college next year. . . . I haven’t had a raise in five years. . . . I am sick and tired of giving bailouts to the folks at the top and handouts to the folks at the bottom. I’m going to fire people [politicians] until my life gets better.”

That is as succinct a summation as I’ve seen of how the American middle class has been thinking the past few years: The guys at the top and the bottom are taken care of while I get squeezed.

The Obama people took his comments seriously. It would be nice to say they were primarily looking for policies to help him, but their job was politics: They sought ways to reach him, to make him an Obama voter.

What followed was a “massive research effort” to help the Obama campaign develop a message. They came to see a long erosion, in the words of an aide, “of what it meant to be middle class in America.”

The campaign asked middle-aged, middle-income Americans to keep online financial journals. Over 100 people took part, twice a week for three weeks. The Obama campaign did not reveal it was behind the effort. Participants were asked such questions as whether or not they were putting off various purchases, or buying a used car rather than a new one. They were also asked: When was the last time you were treated unfairly at work? The journals yielded 1,400 pages of raw material.

I’ll add here that when I told a young friend, a professional in her 20s, about this, she asked: “Do they have to do things like that to understand their own country?” Yes, they do. Ideology is only part of it. The American political consultant class lives rarefied lives. Business is good for them in the modern democracies and likely always will be. That’s true of those on the Republican side, too.

What followed the journals was a series of focus groups in which members, according to an aide, “shared a strong sense that America was changing in a way that was out of their control.” They felt the old rules of the economy no longer applied. They didn’t know how to get ahead anymore, and they feared sliding behind.

The groups revealed that the American dream meant less to younger workers than to older ones. Here a departure from the book: There is pervasive confusion about what the American dream is. We seem to have redefined it to mean the acquisition of material things—a car, a house and a pool. That was not the meaning of the American dream a few generations ago. The definition then was that in this wonderful place called America, you can start out from nothing and become anything. It was aspirational. The limits of class and background wouldn’t and couldn’t keep you from becoming a person worthy of respect, even renown. If you wanted to turn that into houses and a pool, fine. But you didn’t have to. You could have a modest job like teacher and be the most respected woman in town.

When we turned the American dream into a dream about materialism, we disheartened our young, who now are forced to achieve what we’ve defined as success in a straitened economy.

Back to the book. The Obama campaign’s research produced three findings. The first was obvious: People were dissatisfied with the economy. Second, people hadn’t quite given up on the president. Third, they weren’t sure he was up to the job. They feared the nation’s problems were bigger than he was, and they criticized his failed negotiations with the Republicans in Congress. Amazingly, people in focus groups kept bringing up Lyndon Johnson, who knew how to knock heads and twist arms. A campaign aide told Mr. Balz, “I’ve never had so many damned references to Lyndon Johnson in my life!”

Washington journalists usually blame Mr. Obama’s failures to work with Congress on the GOP—its tea-party nuttiness, its “nihilism.” But the president’s own focus groups, which didn’t contain Obama haters on the assumption they were unreachable, put the onus on him: It’s your job, make it work, get it done.

The Obama campaign decided not to make the campaign about the state of the economy, but about who could look after the interests of the middle class in a time of historic transition. At the same time they decided to go after Mitt Romney hard, and remove him as a reasonable alternative. His selling point was that he understood the economy and made it work for him: He was rich. They turned that into a tale of downsizing, layoffs and rapacious capitalism. An Obama adviser: “He may get the economy, he may know how to make money . . . but every time he did, folks like you lost your pensions, lost your jobs.”

Somehow the Romney campaign never saw it coming.

Republicans, now and in 2016, should remember the colorful but not at all high-minded approach of Obama campaign manager Jim Messina. “My favorite political philosopher is Mike Tyson,” he told Mr. Balz. “Mike Tyson once said everyone has a plan until you punch them in the face. Then they don’t have a plan anymore.” Obama’s people punched first, and hard.

Hillary: The Docudrama

So the controversy over NBC doing a drama about Hillary Clinton: How will they play it? How will they draw her? It’s hard to believe they’d do bald propaganda but hard to believe they won’t. NBC is a cultural entity of the left, or you might say the soft left. She is a political figure of the left, or you might say the soft left.

I sense synergy

Actually I sense botch. It will be a drama about Hillary’s wonderfulness and when it’s done they’ll privately screen it and an executive will say, “We’re going to be accused of liberal bias, we’d better balance it a little.” So they’ll reshoot some scenes and insert things that might make Hillary look bad, but they’ll choose the wrong things, stupid things, and it will make the whole effort look cheesy. Even with Diane Lane. Who’s a ridiculous choice, but so what?

Let’s amuse ourselves by imagining what the movie will look like.

I’ll go first.

The dramatic template they’ll use is the life of Eleanor Roosevelt: Ugly duckling suffers much, finds her voice, leads. By the end she has become a thing of beauty, a real presence in the national life, a voice for the forgotten.

Quick opening:

Born in solid-burgher Illinois, baby boomer, father a small-business owner, a harried bully. She is propelled and protected by her mother, who carries with her competence, gruff affection and a quiet sense of grievance: Her own potential has been unexplored. “You have to be strong,” Mrs. Rodham tells her daughter. She gives 7-year-old Hillary a children’s book about a little girl who faces down some local toughs and protects an abused dog. It all takes place in a little town called Whitehaven.

She is an awkward teenager, can’t seem to get right what the other girls get so easily—the right headband, how to flirt. Scene: suburban basement party, 1963. The other girls dance to the Shirelles. Hillary, in a sad little flowered cotton dress, sits on a folding chair to the side. Next to her is a shy boy with a shirt-pocket pen protector. They silently watch, then talk about homework.

She attempts to win her Republican father’s approval, becomes a Goldwater girl. It doesn’t work. He still criticizes her almost-perfect report cards. “Don’t they give A-pluses at your school?”

She leaves home, goes to Wellesley, begins to study politics more seriously. Reading great texts, taking notes. Scene: Hillary in flared jeans, book in hand, running breathlessly down a dormitory corridor. She comes upon another student. “Listen to this, listen,” she says. “The working poor, especially those who are members of minority groups, are discriminated during the mortgage loan process at banks—especially women, who can’t even get a loan unless a man co-signs for it.” The other student, a blank beauty, toothbrush in mouth, towel on freshly shampooed hair, stares at her, blankly. “Um, wow,” she says. Hillary insists, “We’ve got to do something about it!” and marches on. Another student pokes her head from a room, makes eye contact with towel girl, and they start to laugh. Rodham comes on a little strong.

Moment of triumph: senior class address on graduation day. Hillary challenges the establishment, the entrenched powers. “We need more ecstatic modes of being.” It doesn’t make complete sense, but it’s the ’60s and nothing has to. In the audience, a mortified U.S. senator who’d come to speak at commencement. Hillary sees him squirm. We see on her face this thought: This thing I’m part of has power. The young have more power than we know.

Yale Law school, long nights in the library. She meets Bill—charistmatic, friendly, ambitious. This one knows how to dance the mashed potato and the Loco-Motion too. “In Arkansas we grow watermelons the size of Saturnian moons!” Dates, movies, love. His mother, Virgina Kelley—antic, Southern white working class—doesn’t like her a bit. “She isn’t good enough, not your type—she doesn’t even wear mascara.” Bill holds firm: She is the partner I need for my journey.

Marriage. Elections. First lady of Arkansas. Awkward. What is the line between feminist seriousness and movement priggishness? Where is the line between getting power and staying human? She wants to be serious and she wants, as always, to fit in. Intermittent mascara use. Comic scene: Virginia gives her makeup lessons. Hillary walks out looking like a whore. But she’s learned something from their recently begun conversations: it’s a mistake to think you have nothing to learn from the Virginia Kelleys of the world. They know things they don’t teach in the Ivy League.

Thrown out of office, back in office, baby Chelsea, inexorable rise. Rumors about Bill and women, works through it. Growing friendships with Democratic activists, movers and shakers, moneymen, pollsters. A new interest in children’s issues. Lucrative board memberships. She will fight the power from the inside. The shoulders of her power suit get bigger.

They’re speaking of Bill for president in 1992. Why not? It will position him for the future. But no one can take down the mythic Republican machine—Lee Atwater, those killers.

Bumps along the way in the primary: a woman, a tape. Hillary: I’m trying to be serious about policy here, I don’t bake cookies! The blows keep coming. She toughs it out. Her husband’s enemies are worse than he is. She loves him, and she didn’t come this far to let some personal nonsense take them out.

The Clintons take the White House. Burst of hope. Hillary has new first-lady role, one that recognizes the importance of women. She is not some Christmas tree ornament in the East Room but a serious policy official in charge or remaking U.S. health care. She will get the poor, the minorities, and the women covered. America says: Whuh? Hearings. Anxious Hill Republicans awed by her, unsure how to play it. It is Pat Moynihan of her own party, in the Senate, who defeats her bill. The Clinton White House forgot not to disrespect the ol’ crocodile.

Defeat, retreat, mascara. Triangulation: Is this good? Does it mean we’ve become what we hated? Or does it mean we’ve become practical? The point is power. Preserve it at all costs. Lincoln bedroom good place to park donors. You have to compromise to win.

Triumph. Economy good. Rope-a-dope Newt and the Contract With America nuts. Good legislation. Finally, everything good. The future all sunrise.

But woven throughout a sense of . . . women. Scene: A beautiful blond gives a last lingering look back at the Oval Office as she hurries away in the morning light. Hillary, on her way to a breakfast celebrating funding for women and children in poverty, sees. On her face we see surprise, confusion—she thought this was all over—and fear.

Then: Monica. Tears, “How could you ruin what we’ve built?” Scandal, horror, rage, slap.

The silence at Martha’s Vineyard.

Repair. Reading. Eleanor Roosevelt biographies. Scene: Hillary is alone, looking out the window of the residence. In the background, Bill’s televised deposition. She stares at the tourists at the fence. They want in. She wants out. They’re freer than she is, locked up in this cage, locked in by her choices. Scene: She’s with girlfriends late at night in the residence. They’re telling stories, commiserating, drinking wine. “When Joe and I had our hard time we decided to stay in it, work it through. We had a life, a commitment, kids, a reasonable amount of love and a big sloppy dog. Looking back we did all right.” Another, a tough talking New Yorker: “Look, fall in love with a guy who can dance the Shirelles, ya gotta expect he’ll dance with a few shirelles!” Hillary laughs, hugs her. The conversation continues.

A Senate seat opens up. Moynihan, the ol’ crocodile, is leaving.

She runs in New York, where they love her. The poor, the marginalized, women: They too have been hurt by life.

U.S. Senator. On her own. Major book contract, bestselling memoir. Rich. A house so big it has a name: Whitehaven. Only she appreciates the resonance.

Heady. It’s the first time she’s really in charge, in control of decision making. She’s not at anyone’s mercy now. She works well with Republicans, a show horse who’s a work horse.

She runs for president and is done in by her staff, who make poor decisions. They let her down as much as Bill did. But there was that one moment in New Hampshire—”I’ve found my voice”—and there was at least that victory, before the end.

Obama is president. Future? Phone call. Secretary of State? Yes.

Travel, speeches, statements. She discerns a brutal truth: Everything’s changed. State doesn’t develop policy now, it’s all coming out of the White House. She is the face of US diplomacy but not its substance. But no one notices. She forges on, makes the most of it. Scene: A walk-on by a glamorous, willowy, exotic aid. At night, on the plane: “What do you really want, Huma?” “All I want is to be just like you.”

Hillary’s face turns reflective as she looks out the window at the moon and the clouds . . .

It ends with: now.

World fame, big speeches, huge audiences, an insider if ever there was one. A sense of expectation surrounds her, something lurking—destiny? She is alone, finally liberated, finally herself. No, she is alone but surrounded by those who adore her for the right reasons, not because she’s powerful but for her grit and fidelity to issues and independent accomplishments. Alone she is suddenly not alone. And here’s Bill, just in from Africa.

Scene: a meeting with old campaign aides, veterans of previous political wars. One brings a surprise: a poll. “You’ll not just win if you run, you’re going to be elected by a group that’s made a journey very much like your own. You’re going to be elected by Republican women.”

She’s older now, doesn’t jump at the information, just smiles. Another aid adds: “The Republican governor’s wife in the biggest state in the Midwest made people’s heads explode about an hour ago by saying if you run she’ll head up Women for Hillary.”

She’d already heard, but was courteous and looked surprise. She’d met the governor’s wife years ago, back at Wellesley. They had a talk once about housing discrimination—she had a toothbrush in her mouth and a towel on her head…

Scene: a sunny, crisp fall day. Off to a meeting, a speech. The great door opens at Whitehaven. She walks into the sunlight. TV crews. “Madame Secretary, are you running?” Finally she does not fear them. She smiles, parries one liners, glides into a shiny, smoky-windowed SUV. The car glides forward, down Mass Ave, toward Pennsylvania.

Why Christie Is Wrong

I can’t shake my dismay at Gov. Chris Christie’s comments, 12 days ago, on those who question and challenge what we know or think we do of the American national security state.

Speaking at an Aspen Institute gathering attended by major Republican Party donors, a venue at which you really don’t want to make news, Christie jumped at the chance to speak on the tension between civil liberties and government surveillance. He apparently doesn’t see any tension.

Christie doesn’t like seeing the nature and extent of government surveillance being questioned or doubted. He doesn’t like “this strain of libertarianism that’s going through both parties right now.” In fact, it reflects “a very dangerous thought.” He said: “These esoteric, intellectual debates—I want them to come to New Jersey and sit across from the widows and the orphans and have that conversation.” Those who challenge surveillance programs may come to regret it: “The next attack that comes, that kills thousands of Americans as a result, people are going to be looking back on the people having this intellectual debate and wondering whether they put—” Here, according to Jonathan Martin’s report in the New York Times, Christie cut himself off.

The audience—again, including GOP moneymen, at the tony Aspen Institute—was, according to Martin, enthralled. They loved it.

Libertarians and many others did not. I did not.

Stipulated: Christie was speaking off the cuff, not in a prepared address that had been thought through but in Q&A in front of a supportive audience. Politicians can get goosey in circumstances like that.

But Christie seized on the topic, as Martin noted, addressed it colorfully and bluntly, and knew what he thought. And in the days since he hasn’t walked it back.

So you have to take seriously what he said.

To call growing concerns about the size, depth, history, ways and operations of our now-huge national-security operation “esoteric” or merely abstract is, simply, absurd. Our federal government is involved in massive data collection that apparently includes a database of almost every phone call made in the U.S. The adequacy of oversight for this system is at best unclear. The courts involved are shadowed in secrecy and controversy. Is it really wrong or foolhardy or unacceptably thoughtful to wonder if the surveillance apparatus is excessive, or will be abused, or will erode, or perhaps in time end, any expectation of communications privacy held by honest citizens?

It is not. These are right and appropriate concerns, very American ones.

Consider just two stories from the past few days. The Wall Street Journal’s Jennifer Valentino-Devries and Danny Yadron had a stunning piece Friday that touches on the technological aspect of what our government can now do. The FBI is able to remotely activate microphone on phones running Android software. They can now record conversations in this way. They can do the same with microphones in laptops. They can get to you in a lot of ways! Does this make you nervous? If not, why not?

Reuters has a piece just today reporting that data gathered by the National Security Agency has been shared with the Drug Enforcement Administration. The agency that is supposed to be in charge of counterterrorism is sharing data with an agency working in the area of domestic criminal investigations.

Luckily Lois Lerner is on leave, so the IRS isn’t involved yet.

The concerns of normal Americans about the new world we’re entering—the world where Big Brother seems inexorably to be coming to life and we are all, at least potentially Winston Smith—is not only legitimate, it is wise and historically grounded.

And these concerns are not confined to a group of abstract intellectuals debating how many pixels can dance on the head of a pin. Gallup in June had a majority of Americans, 53%, disapproving of NSA surveillance programs, with only 37% approving of the NSA’s efforts to “compile telephone call logs and Internet communications.” And the poll found the most intense opposition to the programs coming from Republicans, who disapproved by almost 2 to 1.

Rasmussen, at roughly the same time, asked the following question: “The government has been secretly collecting the phone records of millions of Americans for national security purposes regardless of whether there is any suspicion of wrongdoing. Do you favor or oppose the government’s secret collecting of these phone records?” Fifty-nine percent of respondents opposed the collecting telephone records of individuals not suspected of doing anything wrong.

A Fox News poll had 61% disapproving how the administration “is handling the government’s classified surveillance program that collects the phone and Internet records of U.S. citizens.”

So Christie is wrong that concerns and reservations about surveillance are the province of intellectuals and theorists—they’re not. He’s wrong that their concerns are merely abstract—they’re concrete. Americans don’t want to be listened in to, and they don’t want their emails read by strangers, especially the government. His stand isn’t even politically shrewd—it needlessly offends sincere skeptics and isn’t the position of the majority of his party, I suppose with the exception of big ticket donors in Aspen.

And Christie’s argument wasn’t even…an argument. It was a manipulation. If you don’t see it his way you don’t know what 9/11 was—you weren’t there, you don’t know how people suffered. If you don’t see it his way you don’t care about the feelings of the widows and orphans.

It seems to me telling that he either doesn’t have a logical argument or doesn’t think he has to make it.

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Here is a practical reason conservatives especially should be concerned about the national security state. People who work for the government, including inevitably those who work in national security, will not decide their powers are too broad. They can’t—they’re focused on a real foe, they have a mission and it tends to leave them in time thinking their powers aren’t broad enough. They will not declare they need more civilian control or oversight—those dizzy, self-serving politicians just gum up the works. They will not decide to limit their use of the capabilities at their fingertips, especially when the stakes seem so high.

It is up to the people in the country, to citizens, to control and limit government surveillance, to the extent they can and in accord with true national-security needs.

That is what a conservative, with all his inherent skepticism toward groups of humans wielding largely unaccountable governmental power, would want to do. What is surprising here is that Christie is so quick and sloppy with his denunciation of conservatives who are acting like conservatives. It is odd because he, too, is a conservative.

His remarks were bad in another way, and it is connected to the word manipulation.

His comments on surveillance were an appeal only to emotion, not to logic and argument and fact, but emotion. This is increasingly the way politics is done in America now. It’s how they do politics at the White House, where the president usually doesn’t bother to make a case and instead just tries to set a mood. But it’s not how Christie normally approaches public questions. In speeches and appearances in the past he’s addressed the logic of the issue at hand, whether it’s spending or the implications of pension promises, or union contracts, or tax rates. That’s part of why he’s been so popular—he’s blunt and logical, has an argument to make and makes it clearly.

Maybe he’s using emotion and special pleading here because he was speaking on a national issue, not a state one, and felt insecure. If this is the best he can do he should feel insecure.

Noonan: The Humble Pope, and the Beltway Cats

Bits and pieces:

I like everything Pope Francis is doing because he’s trying to shake things up. The minute popes become popes they become insiders. They are inside the Vatican, inside the curia, inside the papal apartments, daily presented with inside information on the operation of the church. But Francis seems to be preserving his role as the outsider—the priest from Buenos Aires, the man who gets along with everyone but isn’t of them. He doesn’t want to do the showbiz—the regalia. He doesn’t want to live in the apartments. He doesn’t want to do the grandness, including the perpetual security machine that keeps normal people away.

Americans started this—the over-the-top security apparatus with the hundreds of guards and the bulletproof glass—and now every leader imitates it. The rationale, a serious one, is physical protection, but the underlying message is that those who are guarded are magical, irreplaceable—dainty little eggs being carried through the world on thrones of lettuce leaves. Safety is protected but vanity is projected: “I’m better than you, I’m special. You little people jumping to touch my hand—you can’t touch me.”

This is all, obviously, not Francis’s way. You could see it last week during World Youth Day in Rio de Janiero, where he was in the heart of the crowds, unafraid and unassuming.

Pope Francis
Pope Francis in Rio de Janeiro, July 26.

There’s a quality in certain popes so that when you see them go by in the popemobile, or just on a TV screen, your soul sort of jumps and you find yourself moved in a way you can’t explain. John Paul II was like that—I remember a businessman, a casual Protestant, turning to me once when the pope was on TV and saying: “I can’t figure it out but every time I see him my eyes fill up.”

I don’t remember that being true of Pope Paul VI, who preceded John Paul, and it wasn’t true of Benedict, who followed him, but it is true of Francis. This week he had words on homosexuality, and they made big news. In part this was surprising and in part not. What the pope told reporters was nothing Catholics wouldn’t say and haven’t said in common conversation. Asked about his views on priests who are homosexual and celibate, Francis responded, “If someone is gay and he searches for the Lord and has good will, who am I to judge?”

He made it clear priests must do the true work of priests—helping people. But as to what is in a human heart, who is to judge? A modern pope hadn’t said anything quite like that in public, which is why it was news. It has been called tolerant, but it wasn’t tolerant—it was loving, which is what a Christian should be. Church teaching is church teaching, doctrine is doctrine, they’re often complex and requiring of assertion and explanation. But when a pope speaks plainly the kind of actually humble thought Catholics actually hold in their hearts it can be powerful. And this was. Good.

Francis continues as a breath of fresh air. I hope he stays seemingly simple and doesn’t become too clever. Guilelessness and humility are not only virtues, they have real practical force.

*   *   *

Connected to the thoughts on security, I have a friend who once told me the difference between cats and dogs. When you get up in the morning and feed your dog he looks up at you and thinks: “She comes, finds my food and pours it for me—she must be a god.” A cat thinks: “She comes, finds my food and pours it out for me—must be a god.”

Politicians—no matter how they started out, with what modesty or inner sense of stability—tend to wind up as cats. They come to think “the people” are there to meet their needs—to provide the money they allocate, for instance. They come to think taxpayers are there to pay for their staffers, who in turn are there to meet their needs, and their benefits packages.

We are a cat-encouraging system. Probably the only thing that would change this, in a practical sense, is an old idea: term limits.

Term limits—a maximum three terms in the House, say, and two in the Senate—would limit the opportunity for a dog to turn into a cat. It would also change the reward system. If you’re not spending all your time advancing the prospects of a lifetime career in government, at the end of which you’ll be an object of respect, you may just spend your time advancing the interests of your country, which in the end will truly enhance your reputation.

Term limits are simple and clear. They’d make things better. We don’t focus on this simple fix. One reason is that there are always so many pressing crises that dominate the daily political conversation. But another is that we look to Washington for leadership in this area. And Washington will never vote to limit its own power without enormous pressure from outside.

By the way, Sen. Tom Coburn of Oklahoma is not running for re-election and will leave in 2015 after two terms because when he first ran for the Senate he term-limited himself, and he’s keeping his word. Before he entered the Senate he was a popular representative who term-limited himself, and departed when his time was up. This is remarkable, that he kept to his word. It’s one of the reasons he is respected in Washington.

They know something unusual when they see it. That fella stayed a dog.

*   *   *

The bankruptcy and decay of Detroit puts the spotlight again on corrupt public officials (the Motor City has been rich in them) one-party rule (it was a Democratic town, pretty much top to bottom, for 50 years) and public-employee unions and the long-term implications of their demands on what used to be called the public purse.

The deal years ago, and everyone knew it, was this: If you work for the government you may be paid less competitive wages than the general marketplace offers, and your workplace would likely not be as dynamic and afford as much advancement as the private sector. But in return for these agreed-upon limits you got one important advantage: job security.

A government job was a comparatively safe job. And that was worth a lot, especially when you saw your neighbors get laid off in various cycles and contractions.

Now that original agreement has been turned on its head. Government workers are relatively well paid. They have benefit packages and pension plans that are the envy of their neighbors. As for job security, they are so secure they pretty much can’t be fired—witness Lois Lerner, who took the Fifth in the IRS scandal, who appears in fact to be at the center of that scandal, and who apparently refused to resign and is still on paid leave.

None of this is what was intended. None of it is how it was supposed to work.

We weren’t supposed to be ruled by cats.

Damage Control at Fortress IRS

In all the day-to-day of the IRS scandals I don’t think it’s been fully noticed that the overall reputation of the agency has suffered a collapse, the kind from which it can take a generation to recover fully. In the long term this will prove damaging to the national morale—what happens to a great nation when its people come to lack even rudimentary confidence in the decisions made by the revenue-gathering arm of its federal government? It will also diminish the hope for faith in government, which whatever your politics is not a good thing. We need government, as we all know. Americans have a right to assume that while theirs may be deeply imperfect, it is not deeply corrupt. What harms trust in governmental institutions now will have reverberations in future administrations.

The scandals that have so damaged the agency took place in just the past few years, since the current administration began. And it is not Republicans on the Hill or conservatives in the press who have revealed the agency as badly managed, political in its actions, and really quite crazily run. That information, or at least the early outlines of it, came from the agency’s own inspector general.

But the point is that it was all so recent. It doesn’t take long to crater a reputation. The conferences, seminars and boondoggles in which $49 million was spent, including the famous “Star Trek” parody video—all that happened between 2010 and 2012. The targeting of conservative groups, the IRS leadership’s public lies about it, the leaking of private tax information to liberal groups or journalists, the abuse of donor information—all that took place since the administration began, in 2009. Just this week, an inspector general report revealed excessive travel spending by a handful of IRS executives in 2011 and 2012.

All of it has produced the biggest IRS scandal since Watergate. Which makes it the second of only two truly huge scandals to be visited on the agency in its entire 100-year history. (The IRS began in its modern incarnation in 1913, the year the 16th Amendment was ratified.) And Watergate didn’t kill the IRS’s reputation, only Nixon’s.

Fortress IRS
Fortress IRS

The effect in terms of public approval can be seen in the polls. Fox News, in May, compared its recent IRS polling with its polling 10 years ago. In May 2003, just under a third of all respondents said they had little or no faith in the IRS—a high number, perhaps, but a cantankerously American one. In May 2013, that number had jumped to 57%. Around the time of Fox’s 2013 poll, Gallup had 60% of Americans seeing the IRS as an agency that “frequently abuses its powers.” And Gallup had 42% of respondents saying the IRS did a “poor” job, more than double the figure from 2009.

One irony here is that the Obama White House, always keen to increase the reach and power of government, also seems profoundly disinterested in good governing. It is strange. The long-term project of liberalism involves encouraging the idea of faith in government as a bringer or guarantor of greater justice. But who needs more government if government works so very badly, and is in its operations unjust?

This White House is careless with the reputation of government. They are a campaigning organization, not a governing one.

You might think at this point the White House might begin to think cleverly and strategically. That they would very showily give the scandal their time and attention—really give it some priority. That they might show daily indignation, and see to it that the IRS is utterly forthcoming with Congress. That would have two effects. First, it would help the IRS recover if the public saw it being responsive, as opposed to speaking in the usual word salad punctuated with “We have no comment.” Second, it would help the Obama White House look responsive, responsible and actually interested in good governance.

Instead the president and his spokesman just run around and call the scandal phony. That’s their big contribution: It’s phony. It was better in the old days, 2½ months ago, when they feigned outrage.

You would think also the leadership of the IRS would, at this point, be a bit head-bowed—eager to deal publicly with the agency’s problems, to be responsive with Congress and, most of all, to demonstrate good faith after the lying that marked the early days of the scandal.

But that is not what’s happening. House investigators this week said they have in fact received less than 1% of the documents they have been asking for from the agency. The IRS itself at one point identified a whopping and rather intimidating 65 million documents that might be relevant to the tea-party scandal. To date—almost three months into the scandal became public—the House Ways and Means Committee says the IRS has turned over only 13,000 pages. And some of them were duplicates.

It’s gone beyond what staff aides were, last month, calling “slow walking.” Chairman Dave Camp said in a statement the IRS’s actions look “a lot like obstruction.” One aide said: “Patience is wearing thin.”

Meanwhile, investigations continue, interviews are ongoing. Congressional investigators believe they have picked up an unusual amount of checking in with and requesting approval and guidance from the office of the IRS general counsel. They also believe they are picking up an intense level of decision making between that office and Lois Lerner, former head of the exempt organizations office. The committee is particularly interested in all correspondence and communications between the general counsel’s office, the Treasury Department, and the White House.

An observer might fairly say that the IRS appears to be stringing the story out, that they are more preoccupied with damage control than finding out what exactly happened in the tea-party scandal. Perhaps the agency, and the administration, is thinking that if they string the story out it may disappear into the summer. Maybe its momentum will be broken. Maybe people will begin to think, when they see an IRS headline on page B-12, that they’ve already read that story. Maybe slowing everything down will take the steam out of the entire investigation.

That might seem a politically astute move—not governmentally responsible but politically astute. Letting the story go forward in slow dribs and drabs won’t help the IRS recover its reputation and begin to function in a healthy way, but it may limit immediate political damage to the administration.

But a slow walk of documents carries political risk. It may keep the story down, but it will keep it alive by keeping it from being resolved. Republicans on the Hill show no signs of losing interest. They seem anxious to stay on the story, for all the obvious reasons, both public-spirited and self-interested.

But they may begin issuing subpoenas. And if the story goes into the fall, and continues through the winter, perhaps even the spring, it will become an active drama within the 2014 election cycle.

Which would make the administration’s recent moves not only governmentally lacking, but politically maladroit.

A Bombshell in the IRS Scandal

The IRS scandal was connected this week not just to the Washington office—that had been established—but to the office of the chief counsel.

That is a bombshell—such a big one that it managed to emerge in spite of an unfocused, frequently off-point congressional hearing in which some members seemed to have accidentally woken up in the middle of a committee room, some seemed unaware of the implications of what their investigators had uncovered, one pretended that the investigation should end if IRS workers couldn’t say the president had personally called and told them to harass his foes, and one seemed to be holding a filibuster on Pakistan.

Still, what landed was a bombshell. And Democrats know it. Which is why they are so desperate to make the investigation go away. They know, as Republicans do, that the chief counsel of the IRS is one of only two Obama political appointees in the entire agency.

To quickly review why the new information, which came most succinctly in a nine-page congressional letter to IRS Commissioner Daniel Werfel, is big news:

IRS Tax Exempt and Government Entities Division revenue agent Elizabeth Hofacre, left, and retired IRS tax law specialist Carter Hull testify before the House Oversight and Government Reform Committee on Capitol Hill on Thursday.

When the scandal broke two months ago, in May, IRS leadership in Washington claimed the harassment of tea-party and other conservative groups requesting tax-exempt status was confined to the Cincinnati office, where a few rogue workers bungled the application process. Lois Lerner, then the head of the exempt organizations unit in Washington, said “line people in Cincinnati” did work that was “not so fine.” They asked questions that “weren’t really necessary,” she claimed, and operated without “the appropriate level of sensitivity.” But the targeting was “not intentional.” Ousted acting commissioner Steven Miller also put it off on “people in Cincinnati.” They provided “horrible customer service.”

House investigators soon talked to workers in the Cincinnati office, who said everything they did came from Washington. Elizabeth Hofacre, in charge of processing tea-party applications in Cincinnati, told investigators that her work was overseen and directed by a lawyer in the IRS Washington office named Carter Hull.

Now comes Mr. Hull’s testimony. And like Ms. Hofacre, he pointed his finger upward. Mr. Hull—a 48-year IRS veteran and an expert on tax exemption law—told investigators that tea-party applications under his review were sent upstairs within the Washington office, at the direction of Lois Lerner.

In April 2010, Hull was assigned to scrutinize certain tea-party applications. He requested more information from the groups. After he received responses, he felt he knew enough to determine whether the applications should be approved or denied.

But his recommendations were not carried out.

Michael Seto, head of Mr. Hull’s unit, also spoke to investigators. He told them Lois Lerner made an unusual decision: Tea-party applications would undergo additional scrutiny—a multilayered review.

Mr. Hull told House investigators that at some point in the winter of 2010-11, Ms. Lerner’s senior adviser, whose name is withheld in the publicly released partial interview transcript, told him the applications would require further review:

Q: “Did [the senior adviser to Ms. Lerner] indicate to you whether she agreed with your recommendations?”

A: “She did not say whether she agreed or not. She said it should go to chief counsel.”

Q: “The IRS chief counsel?”

A: “The IRS chief counsel.”

The IRS chief counsel is named William Wilkins. And again, he is one of only two Obama political appointees in the IRS.

What was the chief counsel’s office looking for? The letter to Mr. Werfel says Mr. Hull’s supervisor, Ronald Shoemaker, provided insight: The counsel’s office wanted, in the words of the congressional committees, “information about the applicants’ political activities leading up to the 2010 election.” Mr. Shoemaker told investigators he didn’t find that kind of question unreasonable, but he found the counsel’s office to be “not very forthcoming”: “We discussed it to some extent and they indicated that they wanted more development of possible political activity or political intervention right before the election period.”

It’s almost as if—my words—the conservative organizations in question were, during two major election cycles, deliberately held in a holding pattern.

So: What the IRS originally claimed was a rogue operation now reaches up not only to the Washington office, but into the office of the IRS chief counsel himself.

At the generally lacking House Oversight Committee Hearings on Thursday, some big things still got said.

Ms. Hofacre of the Cincinnati office testified that when she was given tea-party applications, she had to kick them upstairs. When she was given non-tea-party applications, they were sent on for normal treatment. Was she told to send liberal or progressive groups for special scrutiny? No, she did not scrutinize the applications of liberal or progressive groups. “I would send those to general inventory.” Who got extra scrutiny? “They were all tea-party and patriot cases.” She became “very frustrated” by the “micromanagement” from Washington. “It was like working in lost luggage.” She applied to be transferred.

For his part, Mr. Hull backed up what he’d told House investigators. He described what was, essentially, a big, lengthy runaround in the Washington office in which no one was clear as to their reasons but everything was delayed. The multitiered scrutiny of the targeted groups was, he said, “unusual.”

It was Maryland’s Rep. Elijah Cummings, the panel’s ranking Democrat, who, absurdly, asked Ms. Hofacre if the White House called the Cincinnati office to tell them what to do and whether she has knowledge of the president of the United States digging through the tax returns of citizens. Ms. Hofacre looked surprised. No, she replied.

It wasn’t hard to imagine her thought bubble: Do congressmen think presidents call people like me and say, “Don’t forget to harass my enemies”? Are congressmen that stupid?

Mr. Cummings is not, and his seeming desperation is telling. Recent congressional information leads to Washington—and now to very high up at the IRS. Meaning this is the point at which a scandal goes nowhere or, maybe, everywhere.

Rep. Trey Gowdy, a South Carolina Republican, finally woke the proceedings up with what he called “the evolution of the defense” since the scandal began. First, Ms. Lerner planted a question at a conference. Then she said the Cincinnati office did it—a narrative that was advanced by the president’s spokesman, Jay Carney. Then came the suggestion the IRS was too badly managed to pull off a sophisticated conspiracy. Then the charge that liberal groups were targeted too—”we did it against both ends of the political spectrum.” When the inspector general of the IRS said no, it was conservative groups that were targeted, he came under attack. Now the defense is that the White House wasn’t involved, so case closed.

This is one Republican who is right about evolution.

Those trying to get to the bottom of the scandal have to dig in, pay attention. The administration’s defenders, and their friends in the press, have made some progress in confusing the issue through misdirection and misstatement.

This is the moment things go forward or stall. Republicans need to find out how high the scandal went and why, exactly, it went there. To do that they’ll have to up their game.

How to Find Grace After Disgrace

What a scandal it was. It had everything—beautiful women, spies, a semi-dashing government minister married to a movie star, a society doctor who functioned, essentially, as a pimp. And the backdrop was an august English country estate where intrigue had occurred before.

Unlike modern political sex scandals, which are cold and strange, it was what a scandal should be: dark, glamorous. Human. No furtive pictures of privates sent to strangers, no haggling over the prostitute’s bill.

John Profumo
John Profumo devoted his post-scandal life to aiding London’s poor.

President Kennedy loved hearing about the story, and when he was on the phone with his friend the British prime minister, as he often was, asking advice on Cuba or de Gaulle, he was as likely to be asking, sympathetically but pointedly as one who loves gossip would: How’s it going with Profumo? What’s the latest?

It was 50 years ago, the spring and summer of 1963. The prime minister was Harold Macmillan, the last Conservative giant before Margaret Thatcher but more broadly beloved, in part because he wasn’t all that conservative. He was in tune with his times, until he wasn’t. He’d been in government 11 years.

It came out that the secretary of state for war, John Profumo, 48, had become involved with a group of people who gathered at Cliveden, the country estate of the Astor family, about whom controversy had swirled since World War II. Years later Macmillan would write in his diary: “The old ‘Cliveden’ set was disastrous politically. The new ‘Cliveden’ set is said to be equally disastrous morally.”

It was for Profumo. At a pool party hosted by the society doctor, he met a young woman, 19-year-old Christine Keeler, who was either a dancer or a prostitute depending on the day and claimant. They commenced an affair. But Miss Keeler was also, she later said, romantically involved with the Soviet naval attaché assigned to London. Yevgeny Ivanov was there the day Profumo met her. And as all but children would have known, a Soviet military attaché was a Soviet spy.

The affair lasted a few months and was over by 1962. But there was a letter. And there were rumors. They surfaced in Parliament, where the Labour Party smelled blood.

When Profumo was caught, he panicked—and lied. That’s what did him in. And his lie was emphatic: He’d bring libel charges if the allegations were repeated outside the House.

Nearby, as he spoke, sat Harold Macmillan, glumly hoping or believing in his minister’s innocence. When Profumo, on the urging of his wife, came clean, Macmillan was left looking like a doddering Tory fool, a co-conspirator in a coverup, or at least a bungler of a major national-security question. Mortally wounded, he considered resigning. His government collapsed a year later.

Profumo—humiliated on every front page as an adulterer, a liar, a man of such poor judgment and irresponsibility that he mindlessly cavorted with enemy spies—was finished. Alistair Horne, in his biography of Macmillan, wrote of Profumo after the scandal as a “wretched” figure, “disgraced and stripped of all public dignities.”

Everyone hoped he’d disappear. He did. Then, three years later, he declared himself rehabilitated. In the midst of a classic Fleet Street scrum—”Do you still see whores?” demanded a hack from the Sun—Profumo announced he’d deepened and matured and was standing for Parliament “to serve the public.” Of course, he said, “It all depends on the voters, whether they can be forgiving. It’s all in their hands. I throw my candidacy on their mercy.”

Well, people didn’t want to think they were unmerciful. Profumo won in a landslide, worked his way up to party chief, and 12 years later ran for prime minister, his past quite forgotten, expunged, by his mounting triumphs.

Wait—that’s not what happened. Nothing like that happened! It’s the opposite of what happened.

Because Profumo believed in remorse of conscience—because he actually had a conscience—he could absorb what happened and let it change him however it would. In a way what he believed in was reality. He’d done something terrible—to his country, to his friends, to strangers who had to explain the headlines about him to their children.

He never knew political power again. He never asked for it. He did something altogether more confounding.

He did the hardest thing for a political figure. He really went away. He went to a place that helped the poor, a rundown settlement house called Toynbee Hall in the East End of London. There he did social work—actually the scut work of social work, washing dishes and cleaning toilets. He visited prisons for the criminally insane, helped with housing for the poor and worker education.

And it wasn’t for show, wasn’t a step on the way to political redemption. He worked at Toynbee for 40 years.

He didn’t give interviews, never wrote a book, didn’t go on TV. Alistair Horne: “Profumo . . . spent the rest of his life admirably dedicated to valuable good works, most loyally supported by his wife. At regular intervals, some journalist writing ‘in the public interest’ would rake up the old story to plague the ruined man and cause him renewed suffering. His haunted, unsmiling face was a living epitaph to the ‘Swinging Sixties.'”

In November 2003, to mark the 40th anniversary of his work, Profumo gave an interview to an old friend. “Jack,” said W.F. Deedes, “what have you learnt from this place?” After a pause for thought, Profumo said: “Humility.”

He was president of Toynbee by then, respected, but nothing quite said what needed saying like what happened at Margaret Thatcher’s 70th birthday party, in 1995. To show their countrymen what he’d done—and what they thought of what he’d done—they invited him, walked him through, and put him in a particular place. They seated him next to the queen. People wonder about the purpose of establishments. That is the purpose of establishments.

When he died in 2006, at 91, the reliably ironic Daily Telegraph wore its heart on its sleeve. “No one in public life ever did more to atone for his sins; no one behaved with more silent dignity as his name was repeatedly dragged through the mud; and few ended their lives as loved and revered by those who knew him.”

*   *   *

So what are we saying? You know.

We’re saying the answer to the politician’s question, “What is the optimum moment at which to come back from a big sex scandal, and how do I do it?” is this:

“You are asking the wrong question.”

The right questions would go something like: “What can I do to stop being greedy for power, attention and adulation? How can I come to understand that the question is not the public’s capacity to forgive, but my own capacity to exercise sound judgment and regard for others?

“How can I stop being a manipulator of public emotions and become the kind of person who generates headlines that parents are relieved—grateful—to explain to their children?”

And of course the answer is: You can do what John Profumo did. You can go away. You can do something good. You can help women instead of degrading them, help your culture and your city instead of degrading them.

You can become a man.

Whistleblowers

Point one: Daniel Ellsberg yesterday in the Washington Post, in a piece on the Snowden case, referred to what might, surprisingly, be called the more easygoing legal climate of 1971, when he gave the Pentagon papers to the New York Times, the Washington Post and 17 other newspapers. For 13 days, while he distributed copies, he was in hiding, the last few as “a fugitive from justice.” He surrendered himself in Boston and was released the same day on personal-recognizance bond. Later, as charges against him mounted, his bond was increased to $50,000. But for the next two years, under indictment and awaiting trial, he was able to go wherever he liked. “I was free to speak to the media and at rallies and public lectures.” That isn’t the kind of treatment Edward Snowden would receive, he said, or Bradley Manning has received.

Ellsberg misses that “different America”: “There is no chance that experience could be reproduced today, let alone that a trial could be terminated by the revelation of White House actions against a defendant that were clearly criminal.”

Ellsberg didn’t go into the criminal actions taken against him. The domestic side of Richard Nixon’s White House, from policy to politics, had the aspects of a kind of malevolent screwball comedy. In August 1971, aides to Nixon discussed a covert operation to get damaging information on Ellsberg from his psychiatrist. The following month they burgled the office of Lewis Fielding. They didn’t find anything.

Ellsberg went on trial in early 1973, charged with theft of classified documents, conspiracy, and other charges related to espionage. During the trial the break-in of Dr. Fielding’s office was revealed. So was evidence that Ellsberg had been wiretapped without a court order. His defense team, learning all this for the first time, was incensed, and the judge himself either felt or imitated umbrage. The government’s actions, he said, “offend a sense of justice.” The events surrounding the case were “bizarre” and had “incurably infected the prosecution of this case.”

He then dismissed all charges against Daniel Ellsberg, whistleblower.

*   *   *

Point two, the other whistleblower case that came to light Sunday. It came from Foreign Policy magazine’s online news site, The Cable, which noted that the office of a law firm that represents State Department whistleblower Aurelia Fedenisn had been broken into. Citing the reporting of a local Fox TV affiliate in Dallas, The Cable said the burglars took three computers and broke into a locked metal filing cabinet. Other items of value—silver bars, electronic and video equipment—were left untouched. KDFW aired video footage from a security camera showing two people, a man and a woman, entering the office building in which the law firm, Schulman & Mathias, is located.

Cary Schulman, Fedenisn’s lawyer, told The Cable: “It’s a crazy, strange and suspicious situation.” He said he thinks whoever broke in was “somebody looking for information and not money.” His most “high-profile case” is Fedenisn’s, and he couldn’t think of “any other case where someone would go to these threat lengths to get our information.”

So what did whitleblower Aurelia Fedenisn blow the whistle on?

She is a former investigator in the Inspector General’s office in the State Department. Agents for the department had been working on investigations that uncovered serious and criminal wrongdoing. Their work, they said, was subject to influence and manipulation by higher-ups at the department. Agents told the IG’s office they were told to stop investigating a U.S. ambassador in a sensitive post who solicited prostitutes in a public park. Fedenisn, a 26 year veteran at State, went public. John Miller of CBS News broke the story on June 11.

Schulman says that since Fedenisn blew the whistle, she has been subject to attempts at intimidation. “They had law-enforcement officers camp out in front of her house, harass her children, and attempt to incriminate herself,” he said.

After the Miller story, State Department spokesman Jen Psaki denied the department was doing anything wrong.

Tuesday, in a telephone interview, Schulman told me the break-in was “odd—curious.” Adding to the strangeness, the burglars seem to have come not once but three separate times over the weekend of June 28-30. That’s “high risk behavior for a burglar,” he said. “I have never seen a commercial burglary where they come back multiple times.”

The burglars took three Apple computers, forced open a locked metal file cabinet, and took one credit card, leaving others behind.

The burglary has been reported to local police and the FBI.

Maybe it was just a third-rate if highly original burglary. Maybe it was related somehow to another case, though Schulman says he can’t think what that case might be.

*   *   *

Still, the Nixon-era whistleblower whose psychiatrist’s office was broken into has some tough words, in an op-ed piece, for the current administration—just as word comes…