Is Senator Ted Cruz Our New McCarthy?

By Jane Mayer, The New Yorker

23 February 13

ast week, Texas Senator Ted Cruz's prosecutorial style of questioning Chuck Hagel, President Obama's nominee for Defense Secretary, came so close to innuendo that it raised eyebrows in Congress, even among his Republican colleagues. Senator Lindsey Graham, Republican of South Carolina, called Cruz's inquiry into Hagel's past associations "out of bounds, quite frankly." The Times reported that Senator John McCain, Republican of Arizona, rebuked Cruz for insinuating, without evidence, that Hagel may have collected speaking fees from North Korea. Some Democrats went so far as to liken Cruz, who is a newcomer to the Senate, to a darkly divisive predecessor, Senator Joseph R. McCarthy, whose anti-Communist crusades devolved into infamous witch hunts. Senator Barbara Boxer, a California Democrat, stopped short of invoking McCarthy's name, but there was no mistaking her allusion when she talked about being reminded of "a different time and place, when you said, 'I have here in my pocket a speech you made on such-and-such a date,' and of course there was nothing in the pocket."

Boxer's analogy may have been more apt than she realized. Two and a half years ago, Cruz gave a stem-winder of a speech at a Fourth of July weekend political rally in Austin, Texas, in which he accused the Harvard Law School of harboring a dozen Communists on its faculty when he studied there. Cruz attended Harvard Law School from 1992 until 1995. His spokeswoman didn't respond to a request to discuss the speech.

Cruz made the accusation while speaking to a rapt ballroom audience during a luncheon at a conference called "Defending the American Dream," sponsored by Americans for Prosperity, a non-profit political organization founded and funded in part by the billionaire industrialist brothers Charles and David Koch. Cruz greeted the audience jovially, but soon launched an impassioned attack on President Obama, whom he described as "the most radical" President "ever to occupy the Oval Office." (I was covering the conference and kept the notes.)

He then went on to assert that Obama, who attended Harvard Law School four years ahead of him, "would have made a perfect president of Harvard Law School." The reason, said Cruz, was that, "There were fewer declared Republicans in the faculty when we were there than Communists! There was one Republican. But there were twelve who would say they were Marxists who believed in the Communists overthrowing the United States government."

"We are puzzled by the Senator's assertions, as we are unaware of any basis for them," Robb London, a spokesman for Harvard Law School, told me. London noted that Cruz had contributed "warm reminiscences" of the school by video for a reunion of Latino alumni. "We applaud the fact that he has pursued public service, as so many of our graduates have done. We are also proud of our longstanding tradition of freedom of speech and the robust range of views and debates on our campus."

Harvard Law School Professor Charles Fried, a Republican who served as Ronald Reagan's Solicitor General from 1985 to 1989, and who subsequently taught Cruz at the law school, suggests that his former student has his facts wrong. "I can right offhand count four "out" Republicans (including myself) and I don't know how many closeted Republicans when Ted, who was my student and the editor on the Harvard Law Review who helped me with my Supreme Court foreword, was a student here."

Fried went on to say that unlike Cruz, or McCarthy, who infamously kept tallies of alleged subversives, he had never tried to count Communists. "I have not taken a poll, but I would be surprised if there were any members of the faculty who 'believed in the Communists overthrowing the U.S. government,'" he said. Under the Smith Act, it is a crime to actively engage in any organization pursuing the overthrow of the U.S. government.

Fried acknowledged that "there were a certain number (twelve seems to me too high) who were quite radical, but I doubt if any had allegiance or sympathy with anything called 'the Communists,' who at that time (unlike the thirties and forties) were in quite bad odor among radical intellectuals." He pointed out that by the nineteen-nineties, Communist states were widely regarded as tyrannical. From Fried's perspective, the radicals on the faculty were "a pain in the neck." But he says that Cruz's assertion that they were Communists "misunderstands what they were about."

It may be that Cruz was referring to a group of left-leaning law professors who supported what they called Critical Legal Studies, a method of critiquing the political impact of the American legal system. Professor Duncan Kennedy, for instance, a leader of the faction, who declined to comment on Cruz's accusation, counts himself as influenced by the writings of Karl Marx. But he regards himself as a social democrat, not a Communist, and has never advocated the overthrow of the U.S. government by Communists. Rather, he advocated widening admissions at the law school to under-served populations, hiring more minorities and women on the faculty, and paying all law professors equally.

Sounding like a disappointed professor, Fried said that Cruz's willingness to label the faculty Communist "lacks nuance." He said he remembered Cruz well, as "very bright, very hard-working and very conservative, in a well-mannered, agreeable way." So he said, "This surprises me. It suggests he's changed."

So too, perhaps, has the U.S. Senate.

Aaron Swartz, R.I.P.

By Alan Grayson, Reader Supported News

23 February 13

aron Swartz was an internet leader and free-speech advocate. He helped organize the worldwide movement to keep the internet free from censorship and corporate control. After Aaron downloaded a large number of scholarly articles from the JSTOR website without JSTOR's permission, he was indicted for violating JSTOR's terms of service. Facing long years in prison, Aaron committed suicide last month, at the age of 26.

At a recent memorial service for Aaron in Washington, DC, Congressman Alan Grayson was invited to speak. Here is what he said:

CONGRESSMAN GRAYSON: Aaron worked in my office as an intern. He had a quality that I found unnerving. He could come up with better things for him to do than I could come up with for him to do. Time and time again, I would give him something to do, and he'd say, "Is it okay if I also work on this other thing?" And "this other thing" turned out to be much more important than anything that I could come up with.

I learned to live with that. I learned to live with that shortcoming, which I took to be a shortcoming of my own, not one of his.

The other unnerving quality that I found in him was the fact that when he would conjure these assignments, they actually came to fruition - an unusual phenomenon here on Capitol Hill. [Laughter.] He'd give himself something to do, I would recognize that it was very worthwhile, I let him do it, and it got done! He was a remarkable human being.

Another thing that I found unnerving - but also very endearing - about Aaron was that Aaron wanted to rock the boat. Now, we all hear from a very, very young age, "Don't rock the boat." I would venture to say that of the 2000 languages spoken on this planet, probably every single one of them has an idiom in that language for that term: "Don't rock the boat." And yet Aaron wanted to rock the boat. Not just for the sake of boat-rocking, but for the sake of improving the lives of ordinary people. And that's a beautiful, a wonderful quality.

We're talking about somebody here who helped to create Reddit, an important world-wide service, at the age of nineteen. Honestly, somebody who probably could have spent the rest of his life in bed, ordering pizzas, and left it at that. And yet he didn't. He continued to strive to do good - good as he saw it. And that's a rare quality in people. Many of us, we just have to do our best to get through the day. That's the way it is. Many of us struggle to do just that. Very few of us actually can think big thoughts, and make them happen. But Aaron was one of those rare people.

And he was willing to take the heat for rocking the boat. Now, you know, sometimes when you rock the boat, the boat tries to rock you. That is exactly what he encountered, right up until the end.

And it's a sad thing, that that's the price you have to pay. For some of us who rock the boat, we end up losing our property. For some of us who rock the boat, we end up losing our freedom. For some of us who rock the boat, we end up losing our families. And in Aaron's case, his life.

And yet, he was willing to face the facts, and to let that happen. To keep striving, to keep struggling, to keep trying to shake things up.

Aaron's life reminded me about a different life that came to the same end. It's the life of Alan Turing, a brilliant mathematician. He lived in England, and was born one hundred years ago. Alan Turing was the greatest mathematician of the 20th Century. He not only invented the Turing Machine, which is the basis for all modern computing, but Alan Turing also broke the Nazi codes during World War II, and allowed the English and the Americans to defeat the Nazis.

You would think that someone like that would be cherished. Someone like that who, if he had managed to have a full life, might have won one, or two, or even three, Nobel Prizes. But in fact he was vilified, because he was a homosexual, which, at that point in England, in those days, was illegal. And I'm sure that at that point in England, in those days, there were people who said, "Well, the law is the law. And if you disobey the law, then you should go to prison." Because of that, because his boyfriend turned him in, Alan Turing was convicted of perversity, and sentenced to prison.

Given the choice between spending hard time - years and years of his life - instead of doing the mathematics that he loved, or alternatively, to accept estrogen injections, well, Turing took the estrogen injection choice. And that broke not only his body, but his mind. He found that he could not do the thing he loved the most, mathematics, any longer. So after two years of this, Alan Turing committed suicide.

And who lost, out of that? Well, Alan Turing lost. But so did all of we. We lost as well. All of us who would have benefitted from that first, and second, and the third Nobel Prizes that Alan Turing had in him. And that Aaron Swartz had in him.

We're the ones who lose.

If we let our prejudices, our desires to restrain those with creativity - if we let that lead us to the point where that creativity is restrained, then going back all the way to the time of Socrates, what we engage in is human sacrifice. We sacrifice their lives, out of the misguided sense that we need to protect ourselves from them, when in fact it's the opposite.

Our lives have meaning, our lives have greater meaning, from the things that they create. So we're here today to remember Aaron - and also to try to learn from the experience. To understand that prosecution should not be persecution.

This morning I reached into the closet, randomly took out this tie [showing necktie], and wore it. And I have a sense that sometimes, things are connected in ways that are not exactly obvious. It happens that this tie is a painting of "Starry Night" by Vincent Van Gogh, someone else whose life ended all too soon.

In a Don McLean song about Vincent Van Gogh, it ends this way: "They would not listen. They're not listening still. Perhaps they never will."

It's time to listen.

"And when no hope was left in sight,
On that starry, starry night,
You took your life, as lovers often do.
But I could have told you, Vincent,
This world was never meant for one
As beautiful as you."

-Don McLean, "Starry, Starry Night" (1971).

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