On the 25th I wrote a post on that day's Op-Ed piece by John Tierney. It wasn't the first time that I complained of his shoddy work.
I considered his report on the unfair conviction of a Doctor to be unfair. While I conceded that the Doc might in fact be innocent, I thought that Tierney's coverage was only emphatic in his condemnation of the FEA agent involved and not the prosecutor. (an 'up and coming' Republican) I further thought it deceptive to concentrate on the witness who seemed to have committed perjury, and not the other witnesses nor the documentary evidence presented. I pointed out that there were plenty of greater injustices in our system, and expressed my disappointment that he chose such an odd one to promote.
Radley Balko of The Cato Institute was upset with me. His comment said that I was me an "hysterical ideologue." This surprised me because I also criticized Tierney for not giving credit to Balko, who had already covered the issue. In fact, I think Mr. Balko's reaction would have to be the one described as hysterical, and here's why.
He states that my "characterization of Tierney is laughable. He's hardly a Republican shill." I in no way implied that he was. I did complain that he seemed to concentrate on the D.E.A. agents , rather than the prosecutor. I have this aversion to those who blame the one obeying orders rather than the one giving orders. It's the prosecutor who cut the deal to grant leniency to the witness Tierney says is a liar, not the agents. I did accuse Tierney of following in the footsteps of Safire. But in my opinion Safire's intellectual dishonesty is the more salient characteristic that Tierney imitates, not his less than doctrinaire support of Republicans.
Balko describes the war on drugs as contemptible. I completely agree. He is angered that I don't embrace a columnist that speaks out against it. True, since Tierney has been writing for the Op-Ed page he has written on the war on drugs. Once. (Aug 9/2005) Out of 84 articles, one was about the war on drugs. He has written much more often on Balko's specialty: the "War on Doctors," and that's why Balko was so harsh about my criticism of an article covering his signature issue. But I also agree with them that any medical treatment that eases pain should be as widely available as possible.
So the question becomes one of why would Balko get so hysterical over my post? Because I suggest that what he paints as a grave injustice of the War on Doctors, is not a big deal. Balko needs to fan the flames of indignation over his pet issue, because it is not an issue at all.
While the War on Drugs has tens of thousands of casualties, the War on Doctors doesn't even have tens. There is no war. One of Balko's staunchest allies in denouncing this non-existent war is John Tierney. "Handcuffs And Stethoscopes" 7/23/05 and "Punishing Pain" of 7/19/05 are two of his pieces. In the first he describes how the D.E.A., having failed to have much of an impact on illegal drug use by imprisoning hundreds of thousands of crack dealers and drug gangs, "shifted their focus to doctors and the new scourge of OxyContin and similar painkillers."
Tierney explains the shift in focus by saying: " As quarry for D.E.A. agents, doctors offered several advantages over crack dealers. They were not armed. They were listed in the phone book. They kept office hours and records of their transactions. And unlike the typical crack dealer living with his mother, they had valuable assets that could be seized and shared by federal, state and local agencies..."
On April 5, Balko had also explained it: ". It's easy to see why. Doctors keep records. They pay taxes. They take notes. They're an easier target than common drug dealers. Doctors also often aren't aware of asset forfeiture laws. A physician's considerable assets can be divided up among the various law enforcement agencies investigating him before he's ever brought to trial.
Surprisingly, Tierney in his piece on "Handcuffs" does not tell us how many doctors have been handcuffed in this war. Nor how many have been arrested, prosecuted or imprisoned.
Another of Balko's allies in his crusade, is the Pain Relief Network. It is vigilant in following the "war." In 2005 it issued 78 News Bulletins. Many of them concerned Pain Doctors and their legal problems. But they were virtually all old news, covering legal machinations of doctors who had been arrested in previous years. The same cases are referred to over and over again. This watchdog in the war issued bulletins covering fewer than five new arrests in 2005.
In a piece for The Cato Institute, Balko gives us a number. Sort of. "The high-profile arrests and prosecutions of physicians (up to 200 per year by one estimate) have caused many doctors to under prescribe." That's it. That's the War. Who made the estimate? And don't most prosecutions involved people who were arrested? So the 200 per year might really be only 100 different doctors? And some of them are undoubtedly guilty.
I am sure the Balko/Tierney team has done some good. It sounds like the case of Richard Paey is truly a tragedy and a travesty.
Some libertarians, like Tierney and Balko, seem to specialize in phony crises. The War on Doctors is probably even less real than the War on Christmas. But these guys gain their fame and fortune by their supposed independence and their willingness to take on entrenched foes. They are about as independent and as willing to fight as a pair of tag-team wrestlers in the W.W.F. If they really care about the war on drugs; then they should fight against that war. Not against a myth. They should be supporting some of the half-million, mostly poor and powerless, in jail for drug offenses. Not the prosperous physicians. Unfortunately, it's a lot more profitable to protect those with power than those without.
But even more disheartening is their claim that the "high profile" prosecution of doctors means worse care for pain patients. If true, that would be terrible. But the ones who make this bogus war high-profile are Tierney/Balko. I am happy to report that there was over 2 Billion dollars worth of OxyContin sold in the last 12 months.
P.S. I'll post additional italicized comparisons Monday.