Moveone.org to Clarke: ‘No!’

According to the Associated Press:

The advertisement by MoveOn.org accuses Bush of “shamelessly” exploiting the September 2001 terrorism attacks against New York and Washington. It includes two audio excerpts from an interview with Clarke that CBS aired on “60 Minutes” on March 21, the day before Clarke’s book, “Against All Enemies,” went on sale.

Clarke told the AP:

“I don’t want to be part of what looks like a political TV ad. I’m trying hard to make this not a partisan thing but a discussion of how we stop terrorism from happening in the future, keep this on a policy issue. I don’t want this to become any more emotional or personal than it has already.”

Clarke has made the almost purely political from the start, retreating now when his credibility was stripped in response. His quote belongs in the MoveOn.org ad. The MoveOn.org ad, however, does not belong on television.

Here’s what a law professor said:

One copyright expert said Clarke had little legal recourse under copyright statutes protecting the publicity rights of celebrities or public figures.

“It’s very difficult to imagine any claim that a court would take seriously in this context,” said Susan Crawford, an assistant professor at Yeshiva University’s Cardozo Law School in New York. “I’m surprised he’s doing this. No one would assume that Richard Clarke encouraged them to do this.”

Clarke’s trying to shed his partisan colors in order to duck the return fire, and he is a bit too late.