THE MOST EFFECTIVE CONSERVATIVE LEGISLATOR of--oh--the last century or so, Congressman Tom DeLay, was indicted last month for allegedly violating Texas campaign finance laws, and has vacated his position as House majority leader. The Senate majority leader, Bill Frist, is under investigation by the Justice Department and the Securities and Exchange Commission for his sale of stock in the medical company his family started.
White House deputy chief of staff Karl Rove and vice presidential chief of staff Scooter Libby have been under investigation by a special federal prosecutor, Patrick Fitzgerald, for more than two years. When appointed in 2003 by the Bush Justice Department, Fitzgerald's mandate was to find out if the leaking to reporters of the identity of a CIA employee, Valerie Plame, was a violation of a 1982 statute known as the Philip Agee law, and if so, who violated it. It now seems clear that Rove and Libby are the main targets of the prosecutor, and that both are in imminent danger of indictment.
What do these four men have in common, other than their status as prosecutorial targets? Since 2001, they have been among the most prominent promoters of the conservative agenda of the Bush administration.
I don't expect Kristol to actually blame these people for their current situations, but his approach certainly did surprise me. Why are these four people under investigation? If you ask him, it's because the left wing has decided to pursue a strategy of criminalization to defeat conservatives. What Kristol leaves out is that fact that it's only because the left wing is so organized and holds so many powerful positions in Washington that this strategy is possible.
Why are conservative Republicans, who control the executive and legislative branches of government for the first time in living memory, so vulnerable to the phenomenon of criminalization? Is it simple payback for the impeachment of Bill Clinton? Or is it a reflection of some deep malady at the heart of American politics? If criminalization is seen to loom ahead for every conservative who begins successfully to act out his or her beliefs in government or politics, is the project of conservative reform sustainable?
We don't pretend to have all the answers, or a solid answer even to one of these questions. But it's a reasonable bet that the fall of 2005 will be remembered as a time when it became clear that a comprehensive strategy of criminalization had been implemented to inflict defeat on conservatives who seek to govern as conservatives. And it is clear that thinking through a response to this challenge is a task conservatives can no longer postpone.
Pardon me while I laugh.
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